Recently EC enforced Directive 2009/13/EC to implement the agreement
The European Community Shipowners’s Association (ECSA) and the European Transport Workers’ Federation (ETF) had reached an agreement to incorporate certain provisions of the ILO Maritime Labour Convention (MLC 2006) into community law at the end of 2007. The Agreement applies to seafarers on board shipsregistered in a Member State and/or flying flag of aMember State. The European Commision has recently enforcedDirective 2009/13/EC implementing the Agreement by ECSA and ETF on ILO MLC 2006.
Monitor of Compliance
1. Member States shall ensure thateffective andappropriateenforcementand monitoring mechanisms, including inspections at the intervals provided for in MLC 2006,are established in order to ensure that the living and working conditions of seafarers on ships flying their flag meet, and continue to meet, the requirements ofthe relevant parts of MLC 2006.
2.With respect to ships of less than 200 gross tonnage not engaged in international voyages , Member States may, in consultation with the ship-owners’ and seafarers’ organisations concerned, decide to adapt, pursuant to Article II, paragraph 6 of MLC 2006, monitoring mechanisms, including inspections, to take account of the specific conditions relating to such ships.
3.When fulfilling their obligations under this Article, Member States may, where appropriate, authorise public institutions or other organisations, including those of another Member State, if the latter agrees, which they recognise as having sufficient capacity, competence and independence, to carry out inspections. In all cases, a Member State shall remain fully responsible for the inspection of the living and working conditions of the seafarers concerned on ships that fly the flag of that Member State. This provision is without prejudice to Directive 2009/15/EC of the European Parliament and of the Council.
4.Member States shall establish clear objectives and standards covering the administration of their inspection systems, as well as adequate overall procedures for their assessment of the extent to which those objectives and standards are being attained.
5.Member States shall ensure that seafarers on board ships flying the flag of that Member State have access to a copy of the Agreement. The access may be provided electronically.
Personnelin charge of compliance monitoring
1.Member States shall ensure thatpersonnel, including staff from institutions or other organisations (‘recognised organisations within the meaning of MLC 2006), authorised to carry out inspections in accordance with Article 3(3) andin charge of verifying the proper implementation ofthe relevant parts of MLC 2006, havethe training,competence, terms of reference,full legal authority, status and independence necessary or desirable to enable them to carry out that verification and to ensure compliance withthe relevant parts of MLC 2006. In accordance with MLC 2006, inspectors shall be empowered to take steps, as appropriate, to prohibit a ship from leaving port until necessary actions aretaken.
2.All authorisations granted with respect to inspections shall, as a minimum, empower the recognised organisation to require the rectification of deficiencies that it identifies in seafarers’ living and working conditions, and to carry out inspections in that regard at the request of a port State.
3.Each Member State shall establish:
| (a) | a system to ensure the adequacy of work performed by recognised organisations, which includes information on all applicable national laws and regulations and relevant international instruments; and | |
| b) | procedures for communication with and oversight of such organisations. |
4.Each Member State shall provide the International Labour Office with a current list of any recognised organisations authorised to act on its behalf, and shall keep this list up to date. The list shall specify the functions that the recognised organisations have been authorised to carry out.
On-board complaint procedures, handling of complaints and corrective measures
1.Each Member State shall ensure that, in its laws or regulations, appropriate on-board complaint procedures are in place.
2.If a Member State receives a complaint which it does not consider manifestly unfounded or obtains evidence that a ship that flies its flag does not conform to the requirements ofthe relevant parts of MLC 2006or that there are serious deficiencies in its implementing measures, that Member State shall take the steps necessary to investigate the matter and ensure that action is taken to remedy any deficiencies found.
3.Personneldealing withor becoming aware ofcomplaints shall treat as confidential the source of any grievance or complaint alleging a danger or deficiency in relation to seafarers’ living and working conditions or a violation of laws and regulations and shall give no intimation to the shipowner, the shipowner’s representative or the operator of the ship that an inspection was made as a consequence of such a grievance or complaint.
