Guidance for consideration of DMLC Part II

Guidance for consideration of DMLC Part II

Considering points for Declaration of Maritime Labour Compliance Part II

1. To indicate the occasions on which ongoing compliance with requirements prescribed in

DMLC Part I will be verified
(to be indicted measures, methods, procedures including)
2. To specify the person(s) of responsibility for the verifications
(Who does have responsible of verifications?)
3. To specify the records to be taken (including items to be recorded)
(to be specified what record to be kept, where it to be kept and maintained)
4. To indicate the procedures to be followed where non-compliance is noted

Below paragraph from MLC, 2006

Standard A5.1.3 – Maritime labour certificate and declaration of maritime labour compliance
A5.1.3 10.The declaration of maritime labour compliance shall be attached to the maritime labour
certificate. It shall have two parts:

(a) Part I shall be drawn up by the competent authority which shall:

(i) identify the list of matter to be inspection in accordance with paragraph 1 of this
standard;
(ii) identify the national requirements embodying the relevant provisions of this Convention
by providing a reference to the relevant national legal provisions as well as, to the
extent necessary, concise information on the main content the national requirements;
(iii) refer to ship-type specific requirements under national legislation;
(iv) record any substantially equivalent provisions adopted pursuant to paragraph 3 of
Article VI;
(v) clearly indicate any exemption granted by the competent authority as provided in Title 3;

(b) Part II shall be drawn up by the shipowner and shall identify the measures adopted to ensure
on going compliance with the national requirements between inspections and the measures
proposed that there is continuous improvement. The complement authority or recognized
duly authorized for this purpose shall certify Part II and shall issue the declaration of maritime
labour compliance.

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 Guidance for consideration of DMLC Part II

1. Minimum age (Regulation 1.1)

To ensure that no under-age person work on ship

The occasions of and the persons responsible for verification:

1.1 Responsibility for conclusion of seafarers’ employment agreement
 the person who is employed as seafarers (to specify minimum age)
 the confirmation/check of seafarer’ age (to specify how to check the age and what
occasion)
 the seafarers’ employment agreement (who shall sign it?)
1.2 Management of seafarers onboard (Who is responsible onboard?)
1.3 When the newly employed seafarers get on board (to specify how to check the age)
(who and what document check?)
1.4 Employment of seafarers under 18 years old (to specify kinds of prohibited works,
exception, record to be kept in case of engage such prohibited works)

Documents and Records:

1.5 Crew list
(Who, Whose responsibility, what occasion to make/update, where is kept and
period to be maintained)
1.6 The reports on works of seafarers under 18 years old
(Record to be kept in case of engage such prohibited works)

Basic Requirements

 Persons below the age of 16 shall not be employed or work on a ship. (Standard A1.1,
paragraph 1)
 Seafarers under the age of 18 shall not be employed or engaged or work whether the
work is likely to jeopardize their health or safety. (Standard A1.1, paragraph 4)
 Special attention must be paid to the safety and health of seafarers under the age of
18, in accordance with national laws and regulations. (Standard A4.3, paragraph
2(b))

* Night works for seafarers under the age of 18 is prohibited, except to the extent that an
exemption has been by the competent authority under Standard A1.1, paragraph 3, in the
case of training programmes (Standard A1.1, paragraph 2).
* “Night” is defined in accordance with national law and practice. It covers a period of at
least nine hours starting no later than midnight and ending no earlier than 5 a.m. (Standard
A1.1, paragraph 2)

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 Guidance for consideration of DMLC Part II

2. Medical certification (Regulation 1.2)

To ensure that all seafarers are medically fit to perform their duties at sea

The occasions of and the persons responsible for verification:

2.1 To ensure obtaining medical certificate by seafarers concerned (information of medical
facilities, obtaining occasion)
2.2 To confirm medical certificate
(Who does require, which occasion, what contents are confirmed)
 To hold valid medical certificate (duration of employment)
 Contents/subjects are sated in medical certificate (medical fit etc.)
 Form of medical certificate (Language, Designated form, etc).
2.3 Management onboard (Who does confirm, which occasion, onboard) checking on medical
certificate:
 The date of issued and the validities;
 In conducting a medical exam and evaluation the seafarer for fitness for their duty.

Documents and Records:

2.4 Checking medical certificate;
Who, under whose responsibility, which occasion, what contents are confirmed, record to be
made/updated/maintained
2.5 Document Control of “Medical Certificate” and “list of Medical Certificate”

Basic Requirements

 Seafarers are not allowed to work on ship unless they are certified as medically fit to
perform their duties.
 For seafarers working on ships ordinarily engaged on international voyages the
certificate must be provided in English.
 The medical certificate must have been issued by a duly qualified medical practitioner
and must be still valid.
 The period of validity for a certificate is determined under national law in accordance
with the follow:

 two-year maximum for medical certificates except for seafarers under 18; then it is
one-year;
 six-year maximum for a colour vision certificate.

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 Guidance for consideration of DMLC Part II

3. Qualification of seafarers (Regulation 1.3)

To ensure that seafarers are trained or qualified to carry out their to carry out their duties on
board ship

The occasions of and the persons responsible for verification:

3.1 Qualification for seafarers’ duty
(To notice information of duty and competent/qualification; responsibility of
confirmation, confirming subjects)
 Trained/qualified certificate and its endorsement to be required to engage the duty
according to national laws;
 Certificate is completed training for personal safety on board ship.
3.2 Management onboard
Who does confirm, which occasion, what documents are confirmed onboard
To confirm the required qualification of their duty and validity of certification/endorsement

Documents and Records:

3.3 To confirm certificate of qualification/competent
Who, under whose responsibility, which occasion, what contents are confirmed, record to
be made/updated/maintained
 Document control of “list of training/qualification certificates” and validity of those
certificates
.

Basic Requirements

 Seafarers must be trained or certified as competent or otherwise qualified to perform

their duties in accordance with flag State requirements.
 Seafarers must have successfully completed training fir personal safety on board
ship.

* Training and certification in accordance with the International Convention on Standards of

Training, Certification and Watchkeeping for Seafarer, 1978 (STCW), as amended, is to be
accepted as meeting these requirements.

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4. Seafarers’ employment agreements (Regulation 2.1)

To ensure that seafarers have a fair employment agreement

The occasions of and the persons responsible for verification:

4.1 To prepare the draft of the Seafarers’ Employment Agreement (SEA)
4.2 To provide occasions a sufficient understanding and to examine SEA before contract
4.3 Responsibility for SEA , Signature to SEA, To hold the original copy of signed agreement
4.4 To provide the copy of the SEA as one of onboard documents
4.5 To provide the document containing a record of Seafarers’ employment

Documents and Records:

4.6 To be kept provided copy of the SEA
4.7 To be kept provided collective bargaining agreement (similar agreement) referred to SEA

Basic Requirements

 All seafarers must have a copy of their seafarers’ employed agreement (SEA) signed
by both the seafarer and the shipowner or shipowner’s representative (or, where they
are not employees, other evidence of contractual or similar agreements).
 A SEA must, at a minimum contain the matter set out in Standard A2.1, paragraph
4(a)-(k) of the MLC, 2006(Standard A2.1, paragraph 4)
 Seafarers must also be given a document containing a record of their employment on
the ship (such as a discharge book)(Standard A2.1, paragraph 1 (e))
 Where a collective bargaining agreement forms all or part of part of part of the SEA,
the agreement must be on board the ship with relevant provision in English (except for
ships engaged only in domestic voyages) (Standard A2.1, paragraph 2)

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5. Use of any licensed or certified or regulated private recruitment and

placement service (Regulation 1.4)
To ensure that seafarers have access to an efficient and well-regulated seafarer
recruitment and placement system

The occasions of and the persons responsible for verification:

5.1 Use of private recruitment and placement service (SRPS: Manning company) located in
non-ratified countries
(Whose responsibility: documents specified relationship between shipowner and using
manning company, to ensure that manning company concerned comply with Reg. 1.4 of
the Convention and national provisions, and it’s evaluating procedures)

Documents and Records:

5.2 Copy of extracted manning agreement
5.3 Record of compliance is confirmed
5.4 Record of evaluation (who/where is kept it, keeping period, whose responsibility)

Basic Requirements

 Where a shipowner has used a private seafarer recruitment and placement service,* it
must be licensed or certificated or regulated in accordance with the MLC, 2006.
 Seafarers shall not be charged for use of these services.
 Shipowners using services based in States not party to the MLC,2006, must ensure, as
far as practicable, these services meet the requirements of the MLC, 2006
(StandardA1.4, paragraph 9)**
Notes
* If private seafarer recruitment and placement services are operating in their territory, flag
States are responsible for establishing and effective inspection and monitoring system with
respect to those services (Regulation 5.3; Standard A5.3, paragraph 1).
** Flag States are responsible for ensuring that shipowners have a proper system for
verifying that the recruitment and placement services conform to the national requirements
implementing Standard A1.4 if they use recruitment and placement services based in States
not party to the MLC, 2006. This responsibility may be fulfilled by continuously monitoring
shipowners’ compliance with those requirements, by monitoring recruitment services in
relevant non-MLC countries through a quality management system, and by providing
information on the extent to which service in such countries have been found to meet the
requirements of Standard A1.4.

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6. Hours of work or rest (Regulation 2.3)

To ensure that seafarers have regulated hours of work hours of rest

The occasions of and the persons responsible for verification:

6.1 To set out minimum rest hours required by the national low if applicable (Who does set
out, Whose responsibility)
 10 hours in any 24-houres period;
 77 hours in any seven days period.
6.2 Management onboard (Who does manage, Whose responsibility)
6.3 To prepare/post a table with the shipboard working arrangements (subjects to be
described, whose responsibility)
 the schedule of service at sea and service at port; and
 the minimum hours of rest instructed by above 6.1

Documents and Records:

6.4 To prepare, fill out, control and approve records of work and rest hours (Who, which
occasion, does confirm, whose responsibility)
6.5 The records to be kept (whose responsibility, keeping period)

Basic Requirements

 The minimum hours of rest must not be less than ten hours in any 24-hour period and
77 hours in any seven-day period, if the relevant national low relates to hours of rest,
or, if the relevant national law relates to hours of work, the maximum hours of work
must not exceed 14 hours in any 24-hour period and 72 hours in any seven-day period
(Standard A2.3, paragraph 5, as implemented in national standards).
 Hours of rest may be divided into no more than two periods, one of which must be at
least six hours; the interval between consecutive periods of rest must not exceed 14
hours (Standard A2.3, paragraph 6, as implemented in the national standards).
 Account must be taken of the danger posed by the fatigue of seafarers
(StandardA2.3. paragraph 4).

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 Guidance for consideration of DMLC Part II

7. Manning levels for the ship (Regulation 2.7)

To ensure that seafarer work onboard ships with sufficient personnel for the safe, efficient
and secure operation of the ship

The occasions of and the persons responsible for verification:

7.1 Responsibility for manning level (whose responsibility)
7.2 Based on Minimum Safety Manning Document or an equivalent (including table of
arrangement for minimum safety manning) issued by the flag administration
7.3 To consider fatigue, rest hours and the particular nature and conditions of voyage
7.4 Management of seafarers on board (Whose responsibility)
To place seafarers according to “Minimum Safety Manning Document”

Documents and Records:

7.5 To post the copy of the Minimum Safe Manning Document
7.6 Record of maintaining manning level:
To make, maintain and update crew list (who, which occasion, what evidence is confirmed,
keeping period, whose responsibility)
7.7 Crew list is described Seafarers’ name, position, nationality, birthday, birthplace, kinds and
number of ID card. (using IMO format)

Basic Requirements

 Ship must have a sufficient number of seafarers employed on board to ensure that
ships are operated safely, efficiently and with due regard to security under all
conditions, taking into account concerns about fatigue and the particular nature and
conditions of voyage.
 Ship must comply with the manning levels listed on the Safe Manning Document
(SMD) or equivalent issued by the competent authority (Standard A2.7, paragraph
1).

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 Guidance for consideration of DMLC Part II

8. Accommodation (Regulation 3.1)

To ensure that seafarers have decent accommodation and recreational facilities on board

The occasions of and the persons responsible for verification:

8.1 Specification of crew accommodation facilities (whose responsibility: to provide
Specification/drawings etc.)
8.2 To provide/maintain the accommodation facilities (whose responsible: measures on
maintaining and improving)
8.3 To maintain/Inspect the accommodation facilities (whose responsibility: who, what subjects
are inspected and its frequency)

Documents and Records:

8.4 Record of inspection for the accommodation facilities (whose responsibility: who, what
subjects are recorded and its keeping period)
 Crew accommodations for cleanliness, decently habitable and maintained in good
states of repair; and
 Sanitary facilities meeting minimum standards of health and hygiene, reasonable
standard of comfort and maintained in good working order and state of repair.
8.5 Improving measures where decided to need improving such facilities (keeping Records)

Basic Requirements

 Ship must be in compliance with the minimum standards establish by the MLC, 2006,
providing and maintaining decent accommodation and recreational facilities for
seafarers working or living on ships, or both, consistent with promoting seafarers’
health and well-being.
 Seafarer accommodation must be safe and decent and must meet national
requirements implementing the MLC, 2006 (Standard A3.1, paragraph 1)
 Frequent inspection of seafarer accommodation areas are carried out by the master or
a designate (Standard A3.1, paragraph 18) and are recorded and the records are
available for review.

For ship that were in existence before entry into force of the MLC, 2006
 Account must be taken of any national provisions that may have been adopted (see
Chapter 2 of these guidelines) with respect to this issue. These ships will need to be
inspected in connection with seafarers’ accommodation and recreational facilities to
verify that the ship:
 meets the standards set out in either ILO Conventions Nos92, 133, 147 or the
Protocol of 1996 to Convention No.147 (if applicable in the flag State); and/or
 provide and maintains decent accommodation and recreational facilities for seafarers
working or living on boar, consistent with promoting the seafarers’ health and
well-being in accordance with national legislation.

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 Guidance for consideration of DMLC Part II

9. On-board recreational facilities (Regulation 3.1)

The occasions of and the persons responsible for verification:

9.5 To provide the decent recreational facilities (Whose responsibility: who, what items are
provided and maintained)
9.6 To maintain/inspect the recreational facilities (whose responsibility: who, what subjects
are inspected and its frequency)

Documents and Records:

9.7 Record of inspection for the recreational facilities
9.8 Improving measures where decided to need improving such facilities (keeping Records)

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 Guidance for consideration of DMLC Part II

10. Food and catering (Regulation 3.2)

To ensure that seafarers have access to good purity food and drinking water provided
under hygienic condition

The occasions of and the persons responsible for verification:

10.5 To provide food and drinking water
10.6 To inspect the organization and equipment of the catering department (whose
responsibility: who, what subjects are inspected and its frequency)
10.7 To provide meals (suitable in respect of quantity, nutritional value, quality and
variety)
10.8 ships’ cooks* and other catering staff (whose responsibility: to employ personnel
who trained and/or qualified )

Documents and Records:

10.9 To conduct following inspection and keep its records
 supplies of food and drinking water ;
 space used for handling and storage of food;
 galleys and equipment used in the preparation and service of meals
10.10 To keep records of food and drinking water delivered
10.11 To keep record of meals provided

10.12 The following documents are to be kept for ship’s record

 the statement of delivery of food
 the statement of delivery of drinking water and/or record of fresh water
 the examination results of drinking water

Basic Requirements

 Food and drinking water must be of appropriate quality, nutritional value and quantity,
taking into account the requirements of the ship and the differing cultural and religious
backgrounds of seafarers on the ship.
 Food is be provided free of charge to seafarers during period of engagement.
 Seafarers employed as ships’ cooks* with responsibility for preparing food must be
trained and qualified their positions.
 Seafarers working as ships’ cooks must not be less than 18 years old (Standard A3.2,
paragraph 8).
 Frequent and documented inspections of food, water and catering facilities are carried
out by the master or a designate (Standard A3.2, paragraph 7).
* ”ships cook” means a seafarer with responsibility for food preparation (Regulation 3.2,
paragraph 3; StandardA3.2, paragraph 3 and 4).

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11. Health and safety and accident prevention (Regulation 4.3)

To ensure that seafarers’ work environment on board ships promotes occupational
safety and health

The occasions of and the persons responsible for verification：

11.1 Working and living conditions onboard (whose responsibility: who dose ensure to
maintain)
11.2 To protect occupational safety and health / To prevent occupational accident injuries and
diseases on board the ship (whose responsibility: who dose ensure to maintain)
11.3 Management of the ship’s occupational safety and health policy and programs (whose
responsibility: who dose ensure to maintain)
11.4 To establish the ship’s safety committee (whose responsibility: role of duty, to
appointed or elected as safety representative)

Documents and Records：

11.5 Reports related to occupational safety and health onboard/ reports on occupational
accident injuries and diseases
11.6 The ship’s safety committee reports
11.7 Records on appointment of safety representative onboard

Basic Requirements

 The working and living and training environment on ships must be safe and hygienic
and conform to national laws and regulations and other measures for occupational
safety and health protection and accident prevention on board ship. Reasonable
precautions are to be taken on the ships to prevent occupational accidents, injuries
and diseases including risk of exposure to harmful levels of ambient factors and
chemicals as well as the risk of injury or disease that may result from the use of
equipment and machinery on the ship (Standard A4.3, paragraph 1(1)).
 Ship must have an occupational safety and health policy and programme to prevent
occupational accidents injuries and diseases, with a particular concern for the safety
and health of seafarers under the age of 18 (Standard a4.3, paragraphs 1(c) and (b)).
 A ship safety committee, that includes participation by the seafarer safety
representative, is required (for ships with five o more seafarers) (Standard A4.3,
paragraph 2(d)).
 Risk evaluation required for on-board occupational safety and health management
(taking into account relevant statistical date) (Standard A4.3, paragraph 8)

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12. On-board medical care (Regulation 4.1)

To protect the health of seafarers and ensure their prompt access to medical care
on board ship and ashore

The occasions of and the persons responsible for verification:

12.1 To provide medical care for seafarers
12.2 Sufficient medical supplies, medical chest and equipment, latest edition of the International
Medical Guide for Ships or a medical guide and etc. (to provide/equip, maintain and
update)
12.3 Seafarer on board (who is trained and qualified to the requirements of STCW) to be in
charge of medical care or is competent to provide medical first aid
12.4 Procedures on medical care support using satellite communication (to provide/equip,
maintain and update)
12.5 Medical care ashore (by a qualified medical doctor or dentist) in ports of call(whose
responsibility: who, what does provide/pay)

Documents and Records:

12.6 Reports and records related to medical care (Whose responsibility: to make/keep/report
medical reports and records, to whom)

Basic Requirements

 Seafarers must be covered by adequate measures for the protection of their health
and have access to prompt and adequate medical care, including essential dental
care, whilst working on board.
 Health protection and care are to be provided at no cost to the seafarer, in accordance
with national law and practice.
 Shipowners are to allow seafarers the right to visit a qualified medical doctor or dentist
without delay in ports of call, where practicable (Standard A4.1, paragraph 1(c)).

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13. On-board complaint procedures (Regulation 5.1.5)

The occasions of and the persons responsible for verification, and records:

13.1 “Onboard complaint procedures” (Who does provide to whom, where is available)

13.2 “Record of treated complaint” (Whose responsibility: to record/keep/report)

13.3 Handling procedures where not handle to follow “Onboard complaint procedures”

Basic Requirements

 Ships must have on-board procedures for the fire, effective and expeditious handling of
seafarer complaints alleging breaches of the requirement of the MLC, 2006 (including
seafarers’ rights).
 All seafarers must be provided with a copy of the on-board complaint procedures
applicable on the ship. This should be in the working language of ship.

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14. Payment of wages (Regulation 2.2)

To ensure that seafarer are paid for their services.

The occasions of and the persons responsible for verification:

14.1 Payment of wages to seafarers according to the SEA (Whose responsibility: who does
pay to whom, payment interval/period)
14.2 To provide wage slip /account (Who does provide to whom, account details, payment
period)
14.3 Measure/means to transmit a proportion of seafarer’s wages for remittance/allotment at
regular intervals (Whose responsibility: transmit interval, charge for the service)

Documents and Records:

14.4 “Records on payment of wages” (Who does record, sign and approve, contents of
records)
14.5 Procedures on keeping “Records on payment of wages” (Who does maintain, keeping
period)

14.6 Relevant records:

 copies of monthly payment of wages;
 the relevant documents showing allotment; and
 the relevant documents showing service charges and exchange rates.

Basic Requirements

 Seafarers must be paid at no grater than monthly intervals and in full for their foe their
work in accordance with their employment agreements.*
 Seafarers are entitled to an account each month indicating their monthly wage and any
authorized deductions such as allotments.
 No unauthorized deductions, such as payments for travel to or from the ship.
 Charges for remittances/allotment** transmission services must be reasonable and
exchange rates in accordance with national requirements.
* Flag states may wish to consider requiring shipowners to carry on board their ships’ document such

as a copy of payroll or electronic record sheets.

** An allotment is an arrangement whereby a protection of seafarers’ earnings are regularly remitted,

on their request, to their families of dependents or legal beneficiaries whilst the seafarers are at sea

(Standard A2.2, paragraph 3 and 4)

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APPENDIX A5-I

The working and living conditions of seafarers that must be inspected and ap-
proved by the flag State before certifying a ship in accordance with Standard A5.1.3,
paragraph 1:
Minimum age
Medical certification
Qualifications of seafarers
Seafarers’ employment agreements
Use of any licensed or certified or regulated private recruitment and placement service
Hours of work or rest
Manning levels for the ship
Accommodation
On-board recreational facilities
Food and catering
Health and safety and accident prevention
On-board medical care
On-board complaint procedures
Payment of wages

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Appendix A5-II

Maritime Labour Convention, 2006

Declaration of Maritime Labour Compliance – Part I

(Note: This Declaration must be attached

to the ship’s Maritime Labour Certificate)
Issued under the authority of: ................... (insert name of competent
authority as defined in Article II, paragraph 1(a), of the Convention)
With respect to the provisions of the Maritime Labour Convention, 2006, the fol-
lowing referenced ship:

Name of ship IMO number Gross tonnage

is maintained in accordance with Standard A5.1.3 of the Convention.

The undersigned declares, on behalf of the abovementioned competent authority, that:
(a) the provisions of the Maritime Labour Convention are fully embodied in the
national requirements referred to below;
(b) these national requirements are contained in the national provisions referenced
below; explanations concerning the content of those provisions are provided
where necessary;
(c) the details of any substantial equivalencies under Article VI, paragraphs 3 and 4,
are provided <under the corresponding national requirement listed below> <in
the section provided for this purpose below> (strike out the statement which is not
applicable);
(d) any exemptions granted by the competent authority in accordance with Title 3
are clearly indicated in the section provided for this purpose below; and
(e) any ship-type specific requirements under national legislation are also referenced
under the requirements concerned.
1. Minimum age (Regulation 1.1)
2. Medical certification (Regulation 1.2) ........................................................................
3. Qualifications of seafarers (Regulation 1.3) ..............................................................
4. Seafarers’ employment agreements (Regulation 2.1) ..............................................
5. Use of any licensed or certified or regulated private recruitment and placement
service (Regulation 1.4) ...............................................................................................
6. Hours of work or rest (Regulation 2.3) ......................................................................
7. Manning levels for the ship (Regulation 2.7) ............................................................
8. Accommodation (Regulation 3.1) ..............................................................................
9. On-board recreational facilities (Regulation 3.1) .....................................................
10. Food and catering (Regulation 3.2) ............................................................................
11. Health and safety and accident prevention (Regulation 4.3) ..................................

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Maritime Labour Convention, 2006

12. On-board medical care (Regulation 4.1) ...................................................................

13. On-board complaint procedures (Regulation 5.1.5) .................................................
14. Payment of wages (Regulation 2.2) ............................................................................
Name: .................................................................
Title: ...................................................................
Signature: ...........................................................
Place: ..................................................................
Date: ...................................................................
(Seal or stamp of the authority,
as appropriate)

Substantial equivalencies
(Note: Strike out the statement which is not applicable)
The following substantial equivalencies, as provided under Article VI, para-
graphs 3 and 4, of the Convention, except where stated above, are noted (insert de-
scription if applicable):
...................................................................................................................................................
...................................................................................................................................................
No equivalency has been granted.
Name: .................................................................
Title: ...................................................................
Signature: ...........................................................
Place: ..................................................................
Date: ...................................................................
(Seal or stamp of the authority,
as appropriate)

Exemptions
(Note: Strike out the statement which is not applicable)
The following exemptions granted by the competent authority as provided in
Title 3 of the Convention are noted:
...................................................................................................................................................
...................................................................................................................................................
No exemption has been granted.
Name: .................................................................
Title: ...................................................................

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Appendix A5-II

Signature: ...........................................................
Place: ..................................................................
Date: ...................................................................
(Seal or stamp of the authority,
as appropriate)

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Maritime Labour Convention, 2006

Declaration of Maritime Labour Compliance – Part II

Measures adopted to ensure ongoing compliance between inspections

The following measures have been drawn up by the shipowner, named in the
Maritime Labour Certificate to which this Declaration is attached, to ensure ongoing
compliance between inspections:
(State below the measures drawn up to ensure compliance with each of the items in Part I)
1. Minimum age (Regulation 1.1) ❑
................................................................................................................................
2. Medical certification (Regulation 1.2) ❑
................................................................................................................................
3. Qualifications of seafarers (Regulation 1.3) ❑
................................................................................................................................
4. Seafarers’ employment agreements (Regulation 2.1) ❑
................................................................................................................................
5. Use of any licensed or certified or regulated private recruitment
and placement service (Regulation 1.4) ❑
................................................................................................................................
6. Hours of work or rest (Regulation 2.3) ❑
................................................................................................................................
7. Manning levels for the ship (Regulation 2.7) ❑
................................................................................................................................
8. Accommodation (Regulation 3.1) ❑
................................................................................................................................
9. On-board recreational facilities (Regulation 3.1) ❑
................................................................................................................................
10. Food and catering (Regulation 3.2) ❑
................................................................................................................................
11. Health and safety and accident prevention (Regulation 4.3) ❑
................................................................................................................................
12. On-board medical care (Regulation 4.1) ❑
................................................................................................................................
13. On-board complaint procedures (Regulation 5.1.5) ❑
................................................................................................................................
14. Payment of wages (Regulation 2.2) ❑
................................................................................................................................

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Appendix A5-II

I hereby certify that the above measures have been drawn up to ensure ongoing com-
pliance, between inspections, with the requirements listed in Part I.
Name of shipowner: 1 ........................................
.............................................................................
Company address: ............................................
.............................................................................
Name of the authorized signatory: .................
.............................................................................
Title: ...................................................................
Signature of the authorized signatory:
.............................................................................
Date: ...................................................................
(Stamp or seal of the shipowner 1)
The above measures have been reviewed by (insert name of competent authority or
duly recognized organization) and, following inspection of the ship, have been deter-
mined as meeting the purposes set out under Standard A5.1.3, paragraph 10(b), re-
garding measures to ensure initial and ongoing compliance with the requirements set
out in Part I of this Declaration.
Name: .................................................................
Title: ...................................................................
Address: .............................................................
.............................................................................
.............................................................................
Signature: ...........................................................
Place: ..................................................................
Date: ...................................................................
(Seal or stamp of the authority,
as appropriate)

1 Shipowner means the owner of the ship or another organization or person, such as the manager, agent
or bareboat charterer, who has assumed the responsibility for the operation of the ship from the owner and
who, on assuming such responsibility, has agreed to take over the duties and responsibilities imposed on ship-
owners in accordance with this Convention, regardless of whether any other organizations or persons fulfil cer-
tain of the duties or responsibilities on behalf of the shipowner. See Article II(1)(j) of the Convention.

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APPENDIX B5-I – EXAMPLE OF A NATIONAL DECLARATION

See Guideline B5.1.3, paragraph 5

Maritime Labour Convention, 2006
Declaration of Maritime Labour Compliance – Part I

(Note: This Declaration must be attached

to the ship’s Maritime Labour Certificate)
Issued under the authority of: The Ministry of Maritime Transport of Xxxxxx
With respect to the provisions of the Maritime Labour Convention, 2006, the fol-
lowing referenced ship:

Name of ship

M.S. EXAMPLE
IMO number

12345

L E Gross tonnage

1,000

P
is maintained in accordance with Standard A5.1.3 of the Convention.
The undersigned declares, on behalf of the abovementioned competent author-

M
ity, that:
(a) the provisions of the Maritime Labour Convention are fully embodied in the

A
national requirements referred to below;
(b) these national requirements are contained in the national provisions referenced

X
below; explanations concerning the content of those provisions are provided
where necessary;

E
(c) the details of any substantial equivalencies under Article VI, paragraphs 3 and 4,
are provided <under the corresponding national requirement listed below> <in
the section provided for this purpose below> (strike out the statement which is not
applicable);
(d) any exemptions granted by the competent authority in accordance with Title 3
are clearly indicated in the section provided for this purpose below; and
(e) any ship-type specific requirements under national legislation are also referenced
under the requirements concerned.

1. Minimum age (Regulation 1.1)

Shipping Law, No. 123 of 1905, as amended (“Law”), Chapter X; Shipping Regu-
lations (“Regulations”), 2006, Rules 1111-1222.
Minimum ages are those referred to in the Convention.
“Night” means 9 p.m. to 6 a.m. unless the Ministry of Maritime Transport (“Min-
istry”) approves a different period.
Examples of hazardous work restricted to 18-year-olds or over are listed in Sched-
ule A hereto. In the case of cargo ships, no one under 18 may work in the areas
marked on the ship’s plan (to be attached to this Declaration) as “hazardous area”.

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Maritime Labour Convention, 2006

2. Medical certification (Regulation 1.2)

Law, Chapter XI; Regulations, Rules 1223-1233.
Medical certificates shall conform to the STCW requirements, where applicable; in
other cases, the STCW requirements are applied with any necessary adjustments.
Qualified opticians on list approved by Ministry may issue certificates concerning
eyesight.
Medical examinations follow the ILO/WHO Guidelines referred to in Guideline
B1.2.1
...................................................................................................................................................
...................................................................................................................................................
Appendix B5-I

L E
P
A M
E X

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Appendix B5-I

Declaration of Maritime Labour Compliance – Part II

Measures adopted to ensure ongoing compliance

between inspections
The following measures have been drawn up by the shipowner, named in the
Maritime Labour Certificate to which this Declaration is attached, to ensure ongoing
compliance between inspections:
(State below the measures drawn up to ensure compliance with each of the items in Part I)

1. Minimum age (Regulation 1.1) X

Date of birth of each seafarer is noted against his/her name on the crew list.
The list is checked at the beginning of each voyage by the master or officer acting on
his or her behalf (“competent officer”), who records the date of such verification.
Each seafarer under 18 receives, at the time of engagement, a note prohibiting him/
her from performing night work or the work specifically listed as hazardous (see
Part I, section 1, above) and any other hazardous work, and requiring him/her to

E
consult the competent officer in case of doubt. A copy of the note, with the sea-
farer’s signature under “received and read”, and the date of signature, is kept by

L
the competent officer.

P
2. Medical certification (Regulation 1.2) X
The medical certificates are kept in strict confidence by the competent officer, to-
gether with a list, prepared under the competent officer’s responsibility and stating

M
for each seafarer on board: the functions of the seafarer, the date of the current
medical certificate(s) and the health status noted on the certificate concerned.

A
In any case of possible doubt as to whether the seafarer is medically fit for a par-
ticular function or functions, the competent officer consults the seafarer’s doctor or
another qualified practitioner and records a summary of the practitioner’s conclu-

E X
sions, as well as the practitioner’s name and telephone number and the date of the
consultation.
...................................................................................................................................................
...................................................................................................................................................

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