The Maritime Labour Convention, 2006 (MLC) came into force on the 20th August 2013. The MLC has created a level playing for seafarers’ living and working conditions on-board commercial vessels. The MLC applies to all commercial yachts and to pleasure yachts voluntarily complying with the MLC.
When first introduced it had minimal impact on yachts already operating to the ISM Code, but was a burden on most commercial yachts under 500gt. We’re now a few years down the line and most yachts seem to have adapted well following the initial impact of the MLC, but with the first amendments now in force (from the 18th January 2017) what actions are required to stay in compliance with the MLC?
Certificates of Insurance
Yachts subject to the MLC must now have evidence of financial security being in place for liabilities in respect of;
- Abandonment of a seafarer (MLC Standard A2.5.2); and
- A contractual claim which relates to death or long-term disability of seafarers due to an occupational injury, illness or hazard (MLC Standard A.4.2).
The evidence will, in the majority of cases, be available in the form of two Certificates of Insurance which will be issued by the yacht’s insurance company. If you have not received these certificates already, we recommend that you contact your insurance broker as soon as possible. Evidence of financial security must be displayed on-board and should be available for inspection.
If you hold Declarations of Maritime Labour Compliance (DMLC Part I is issued by flag, DMLC Part II is issued by the shipowner), these will need to be updated to meet the new MLC amendments.
For the majority of yachts, specifically those registered in the Cayman Islands, Malta and UK, existing DMLCs can remain on-board for now, but will need to be updated at the next MLC inspection. A reminder that a renewal inspection must be carried out between years two and three following the initial MLC inspection.
For yachts registered in the Isle of Man, the Ship Registry have a revised DMLC Part I which can be downloaded from their website. A revised DMLC Part II should be submitted for approval as soon as possible.