Watergate House
2/8 Casemates Square
Gibraltar

Tel (+350) 200 46862 / 47771 / 50424
Fax (+350) 200 47770
e-mail:maritime.survey@gibraltar.gov.gi
maritime.registry@gibraltar.gov.gi

Maritime Labour Notice (MLN) – 041

To: Ship Owners, Operators, Masters, Officers and Classification Societies

Guidance on the procedure for applying for a Substantial EquivalenceThis MLN provides guidance on the procedure for applying for a substantial equivalence on Gibraltar
registered vessels which are subject to the Maritime Labour Convention, 2006 (MLC).

Documents referred to in this notice:ILO Maritime Labour Convention 2006;
Gibraltar Merchant Shipping (Maritime Labour Convention) Regulations 2013;
UK MCA MGN 472(M) as amended.
Most regulations and notices are available on the Gibraltar Government website: www.gibraltarship.com

1. Introduction
Applications for substantial equivalence should be forwarded to the Gibraltar Maritime
Administration (GMA) for consideration.
The procedure for approval for substantial equivalences is as follows:a) The shipowner discusses the proposals with the attending surveyor. The surveyor records this ona form which is placed on the ship’s file;b) The shipowner writes to the Unions with the proposals;c) The Unions respond.
The papers are sent to GMA for a decision and approval. Form Form GMA-18-F052 Request for
Substantial Equivalence/Exemption should be completed (this form is available at
http://www.gibraltarship.com/maritime-labour-convention

Page 1 of 3

2. Procedure for agreement
The GMA intends to use a standard procedure with a set criteria, for considering any proposal
seeking ship-specific “substantial equivalences”, similar to that described above. This will not create aderogation for the shipbuilder to build further ships to the same standard.
Any proposal for a substantial equivalence should be submitted with the agreement of both theshipowners and the seafarers’ representatives. Therefore, in all cases, the relevant organisations andofficial social partners of the GMA should be consulted. Other organisations representing specific sectors
in the shipping industry will also be included in the consultation process.
Under normal circumstances, the applicant will write to the shipowners’ and seafarers’representatives and provide the responses with their applications to the GMA. The GMA will only
undertake this task in exceptional circumstances.
Any application for substantive equivalence will be subject to a one-month consultation period. Ifno comments are made by shipowners or seafarers representatives in relation to the proposals during
this one month (30 day) period, the proposal can be treated as approved.
The GMA may consult the UK’s MLC Tripartite Working Group for discussion before coming to adecision.
All approved substantial equivalences and their supporting documentation will be retained by theGMA and reported periodically to the International Labour Organization (ILO), as part of the Annual
Reports on seafarers living and working conditions.

3. Information required
In any application for substantial equivalence, the shipowner is required to demonstrate the reason
behind seeking the substantial equivalence with consideration to:a) the reason for seeking the substantial equivalence; b. how the proposal, in accordance withArticle VI of the Maritime Labour Convention, meets the same objectives as, and gives effect tothe provisions of Part A of the Maritime Labour Convention Code and giving due consideration toPart B of the Maritime Labour Convention Code;b) the effects on the provision of decent living and working conditions for seafarers;c) how full compliance would impact on the remainder of the ship;d) any special design challenges driving the substantial equivalence request;e) what objective can be accomplished through substantial equivalence which cannot be achievedby adhering to the regulations
4. Subsequent application for the same substantial equivalence
It is intended that, after a particular measure or solution has been approved as a substantial
equivalence by the GMA, any further use of the same substantial equivalence – unless specificallyrequested and approved for the initial application undergoes the same process of approval in the light ofthe considerations identified in the Section above. Approval of a measure in one context should notnecessarily be seen as setting a precedent. However, it is expected that once an approval has been given,
this will make any subsequent application a simpler decision process.

Page 2 of 3

5. Flagging in
When a ship flags onto the Gibraltar register an application should be made following the sameprocedure for any substantial equivalence and with the prior agreement of the shipowners’ andseafarers’ representatives. If the substantial equivalence has been agreed by another MLC Flag State
then, this should make a smoother transition process.
As with the substantial equivalences agreed by Gibraltar, all substantial equivalences agreed on
this basis will need to be communicated to the ILO as part of the Annual Reports on seafarers living andworking conditions. This will be done via the UK MCA.

Substantial equivalences available to all ships
6. Procedure for approval
Any substantial equivalence which is requested for general application may be referred to the UK
MLC Tripartite Working Group, which has members from the UK Chamber of Shipping, NautilusInternational, the National Union of Rail, Maritime and Transport Workers (RMT), the Department forTransport, the MCA and the Red Ensign Group Administrations.
The information required is the same as for Section 11.3 above. Any shipowner or group ofshipowners may apply for such exemption.
UK MGN 472(M) as amended, contains a list of substantial equivalences already agreed by theUK. This can be found in the Annex to the aforementioned UK document.
Dylan CocklanMaritime Administrator (Ag)
Issue date: 14 August 2020

All notices are available through www.gibraltarship.com

This copy of the Administrative Instruction has been sent electronically and does not carry a signature or official stamp. A sign andstamped copy will be available upon request

Page 3 of 3