SESSION 10

TITLE 5 – PORT STATE CONTROL

AIM

• To discuss the MLC,2006 requirements associated with port state control inspections.

MLC, 2006 - Port State Responsibilities

• Every foreign ship may be inspected (Regulation 5.2.1)

• By an “authorized officer”• For compliance with the “requirements of the

Convention” (including seafarers’ rights)• “Requirements” means the Articles,

Regulations and the Code, Part A only

Procedure for PSC inspections under the

MLC, 2006 Three main stages:

• Where applicable, review:

- the Maritime Labour Certificate; and

- the Declaration of Maritime Labour Compliance (DMLC)

• Where justified or required, carry out a more detailed inspection

• Take action in case of deficiencies or non-conformities

More detailed inspections (MDI)

MDI may be carried out when:• the required documents are not produced or

maintained, or are falsely maintained, or do not contain required information or are otherwise invalid; or

• clear grounds exist for the PSCO believing working and living conditions do not conform to the requirements; or

• reasonable grounds to believe ship has changed flag to avoid compliance with the MLC, 2006, or

• a complaint alleging that specific working and living conditions do not conform to the MLC, 2006

Documentation

The MLC and DMLC:

– are not produced or maintained, or are falsely maintained; or

– do not contain the information required by the MLC, 2006; or

– are otherwise invalid.

Clear grounds There are clear grounds for the PSCO believing

that the working and living conditions on the ship do not conform to the requirements of the Convention

Reasonable grounds

There are reasonable grounds to believe that the ship has changed flag for the purpose of avoiding compliance with the Convention.

Complaints

There is a complaint alleging that specific working and living conditions do not conform to the requirements of the Convention

No requirement for clear grounds etc, but the inspection:

• must generally be limited to the scope of the complaint;

• may provide clear grounds for detailed inspection.

More detailed inspections

A more detailed inspection must be carried out when;• the working and living conditions constitute a clear

hazard to safety, health, security of seafarers,

or• the PSCO has grounds to believe that any

deficiencies constitute a serious breach of the requirements of the MLC, 2006 (including seafarers’ rights).

Carrying out a more detailed inspection

• Check for compliance with requirements – in the 14 areas listed in Appendix A5-III, or– within the scope of the complaint to the extent considered

appropriate

• Base the inspection on the requirements of the Convention, referring to the DMLC Part I if deficiencies are found

• Check for compliance with the shipowner’s measures in the DMLC Part II

MLC, 2006 Inspections and others…

• Inspections under the

MLC, 2006• Similarities and differences

with respect to inspections

under other conventions

Taking action on deficiencies and non-conformities

• Inform the Master with deadlines for rectification• But if they are significant or related to a complaint

also notify seafarers’ and shipowners’ organizations in the port State and notify the flag state the flag State (optional) and the competent authority in the next port

• The port State also has a right to transmit a copy of the inspection report to the Director General of the ILO (attaching reply from the flag State).

To detain or not to detain?

• Conditions are clearly hazardous to safety, health or security of seafarers, or

• The non-conformity constitutes a serious or repeated breach of the MLC, 2006 requirements (including seafarers’ rights)

Rectification plans

Detention

• At all times PSCOs should keep in mind the obligation to make all possible efforts to avoid a ship being unduly detained or delayed.

• Payment of compensation for any loss or damage suffered

• Burden of proof on the complainant