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) – 033(a)(This MLN supersedes MLN 033)_____________________________________________________________________________
To: Ship Owners, Operators, Masters, Officers and Classification Societies
MLC Title 5.1.3 & 5.1.4 – Certification, Inspection & Enforcement
This MLN provides guidance on compliance with Gibraltar regulations which give effect to MLC 2006 Title
5.1.3 & 5.1.4. Implementation of these guidelines will be taken as evidence of compliance with the Gibraltar
regulations.

Documents referred to in this notice:
Maritime Labour Convention 2006 (MLC);
Gibraltar Merchant Shipping (Maritime Labour Convention) Regulations 2013, as amended.
ILO Guidelines for flag state inspections and port state control officers;
Most regulations and notices are available on the Gibraltar website: www.gibraltarship.com

Page 1 of 15

Contents
Application of the Maritime Labour Convention
Ships required to carry and maintain a maritime labour certificate anddeclaration of maritime labour complianceDeclaration of maritime labour compliance (DMLC) for ships/yachts of less than
500GT
Certification and inspection of ships required to carry and maintain a maritime
labour certificate and declaration of maritime labour compliance.
Inspection for the issue of a DMLC for ships/yachts of less than 500GT
Prescribed format of a declaration of maritime labour compliance
Records of inspection, deficiencies, removal of certification or declaration,corrective actions and rectification plans
ILO guidelines for flag state inspections and port state control officers -examplesof circumstances which may require detention of a ship
Procedural flow charts illustrating MLC inspections – deficiencies, critical
deficiencies, withdrawal of certificate or declaration, detention, corrective
actions and follow up

1.

Part/Page Number
2
2
2Part I/

3-6

Part II/ 7 -10Part III/ 11
Part IV/ 11-12
Part V/ 12-15
Annex I/ 14-15

Application
1.1. The MLC 2006 applies to all ships (including yachts) engaged in commercial activities (MLC ships).
This means that MLC ships will be subject to inspection for compliance with Gibraltar regulations andguidelines implementing the MLC 2006.

2.

Ships required to carry and maintain a maritime labour certificate and declaration of maritime
labour compliance2.1. The Gibraltar Merchant Shipping (Maritime Labour Convention) Regulations 2013 and Parts I, III, IV, V
and Annex I of these guidelines apply to MLC ships of 500 gross tonnage (GT) or over, engaged ininternational voyages and/or operating from a port or between ports in another country.
2.2. The Gibraltar Merchant Shipping (Maritime Labour Convention) Regulations 2013 and Parts I, III, IV, V
and Annex I of these guidelines can also apply to MLC ships and yachts of less than 500GT operating
outside British Gibraltar Territorial waters. The ship owner’s, upon written request to the Gibraltar
Maritime Administration, may request MLC certification, in this case, ships and yachts of less than
500GT will be required to carry and maintain a DMLC Part I and Part II.

3.

Part I - Ships required to carry and maintain a maritime labour certificate and declaration ofmaritime labour compliance3.1. Inspection for issue of a maritime labour certificate
3.1.1.

The Gibraltar Maritime Administration or Recognised Organisation (RO) will carry out aninspection of the working and living conditions of seafarers on board ships before a maritime
labour certificate can be issued or endorsed.

3.1.2.

The policy of the Gibraltar Maritime Administration will be to carry out all the inspection of theworking and living conditions on Gibraltar registered ships. It will only be in exceptional
circumstances will the Recognised Organisation be authorised to carry out these inspection
and issue a maritime labour certificate. This will be on a case by case basis and only after
application by the DPA for the company operating the ship

Page 2 of 15

3.1.3.

4.

The following matters may be inspected for compliance with Gibraltar MLC regulations andany Maritime Labour Notices (MLN) which contain guidance on evidence of compliance withthe regulations:a.

minimum age;b.

medical certification;c.

qualifications of seafarers;d.

seafarers’ employment agreements;e.

use of any licensed or certified or regulated private recruitment and placement services;f.

hours of work or rest;g.

manning levels for the ship ;h.

accommodation;i.

onboard recreational facilities;j.

food and cateringk.

health and safety and accident prevention;l.

onboard medical care;m.

onboard complaint procedures; andn.

payment of wages.

o.

documentary evidence of financial security and Shipowners liability.

Validity of a maritime labour certificate and intermediate inspections
4.1. A maritime labour certificate will be issued for a period not exceeding 5 years after the successful
completion of an initial inspection.
4.2. When issued for the maximum period the maritime labour certificate will be subject to at least one
intermediate inspection by the Gibraltar Maritime Administration to ensure ongoing compliance with
Gibraltar regulations.
4.3. When only one intermediate inspection is carried out this will be between the 2 nd and 3rd anniversary
dates of the certificate.
4.4. The anniversary dates are calculated from the expiry date of the certificate.
4.5. On successful completion of an intermediate inspection the maritime labour certificate will be endorsed.

Page 3 of 15

5.

Inspection for the renewal of a maritime labour certificate
5.1. When a renewal inspection is successfully completed within 3 months of the expiry date of the existingcertificate, then the new certificate will be valid for a maximum period of 5 years from the expiry date of
the existing certificate.
5.2. If a renewal inspection is successfully completed more than 3 months before the expiry date of theexisting certificate, then the new certificate will be valid for a maximum period of 5 years from therenewal inspection date.
5.3. Where, after a renewal inspection completed prior to the expiry of a maritime labour certificate, theship is found to continue to meet national laws and regulations or other measures implementing therequirements of this Convention, but a new certificate cannot immediately be issued to and madeavailable on board that ship, the competent authority, or the recognized organization duly authorized
for this purpose, may extend the validity of the certificate for a further period not exceeding fivemonths from the expiry date of the existing certificate, and endorse the certificate accordingly.

6.

Validity and inspection for the issue of an interim maritime labour certificate
6.1. There are only three circumstances where an interim maritime labour certificate may be issued by the
Gibraltar Maritime Administration, and then only for a period not exceeding 6 months:
6.1.1.

to new ships on delivery;

6.1.2.

when a ship changes flag; or6.1.3.

when a ship-owner assumes responsibility for the operation of a ship which is new to that shipowner.

6.2. The issue of an interim maritime labour certificate also requires the Gibraltar Maritime Administration
to verify that the ship has been inspected as far as “reasonable and practicable” for the matters listed
in paragraph 2 taking into account, verification that:(The Gibraltar Maritime Administration has determined that the term “reasonable and practicable” inthis context refers to the availability on board the ship of procedures, records and information taking
into account 4.1(a), (b) and (c).)
6.2.1.

the ship-owner must be able to demonstrate to the Gibraltar Maritime Administration that there
are adequate procedures in place on board the ship to comply with the requirements of the MLC
2006; which means the requirements of the Articles, Regulations and Part A (Standards) of the
MLC
2006,
ratherthan
theGibraltar
MLC
requirements;(Please note: for interim certification this is the requirements of MLC 2006 rather than Gibraltar
regulations and guidelines implementing MLC 2006)

6.2.2.

the Master is familiar with the requirements of the MLC 2006 and the responsibilities for
implementation; and6.2.3.

the ship-owner has sent the Gibraltar Maritime Administration information which would allow
the production of a DMLC, (although this is not required to be issued during the interim
certification period).

6.3. Under no circumstances will the Gibraltar Maritime Administration be able to extend or issue a newinterim certificate after the initial interim certification period of 6 months referred to in paragraph 4.1 has
expired. The ship-owner must ensure that the ship is available for a full inspection in accordance withPart 1 – 1 - 1 of this part before the expiry date of the interim certificate. On successful completion of
the inspection a full term maritime labour certificate will be issued.

Page 4 of 15

7.

Declaration of maritime labour compliance (DMLC)
7.1. The declaration of maritime labour compliance is made up of 2 parts and must be attached to themaritime labour certificate. Part I is drawn up by the Gibraltar Maritime Administration and Part II isdrawn up by the ship-owner.

8.

DMLC Part I
8.1. The Gibraltar Maritime Administration completes Part I of the declaration of maritime labour compliance,
which :

9.

8.1.1.

identifies the list of items that must be inspected, which is the same list as contained inparagraph 1 of this part;8.1.2.

specifies the Gibraltar MLC regulations which implement the inspection items and to the extent
necessary concise information on the regulations;

8.1.3.

includes any ship-type specific requirements under Gibraltar regulations;

8.1.4.

records any substantially equivalent provisions which have been extended to the Gibraltar
Maritime Administration, such as the Large Yacht Code Edition 3 (LY3) for accommodation oncommercial yachts;

8.1.5.

indicates any exemptions which have been granted by the Gibraltar Maritime Administration
and are allowed by the MLC 2006.

DMLC Part II
9.1. The ship-owner’s completes Part II of the declaration of maritime labour compliance and:
9.1.1.

must identify the ship-owner’s measures adopted to ensure compliance with Gibraltar MLC
regulations, ongoing compliance between inspections and the measures proposed to ensure
continuous improvement;

9.1.2.

indicate the occasions on which ongoing compliance will be verified, the persons responsible,
the records to be made/kept and the procedures to be followed where non-compliance with
Gibraltar MLC regulations is noted;

9.1.3.

may reference other documentation detailing the ship-owner’s policies and procedures, suchas the ship-owner’s Safety Management System complying with the International Safety
Management (ISM) Code;9.1.4.

must be drafted in English and in clear terms designed to help all persons concerned, including
authorised officers in port states and seafarers, to check that the requirements are being
properly implemented.

9.2. The Gibraltar Maritime Administration will review the information provided by the ship-owner in the
DMLC Part II and following a successful inspection of the ship, where measures adopted to ensure
initial and ongoing compliance with the Gibraltar Maritime Administration DMLC Part I have beenverified, will certify (stamp, date and sign) the DMLC Part II.
9.3. The declaration of maritime labour compliance will then be issued to the ship.
9.4. The date of completion of the review of the DMLC Part II should be reflected within the MLC Certificate.

Page 5 of 15

10. Maritime labour certificates cease to be valid
10.1. A maritime labour certificate or interim maritime labour certificate will no longer be valid in thefollowing circumstances:
10.1.1. when inspections are not completed within the periods specified in these guidelines inparagraphs 1 to 4 of this part;10.1.2. when the maritime labour certificate is not endorsed for intermediate inspection as specified inthis part in paragraph 2;
10.1.3. when the ship changes flag;
10.1.4. when the ship-owner ceases to assume responsibility for the operation of a ship; and10.1.5. when substantial alterations have been made to the structure and equipment of the ship’s
accommodation as detailed in Gibraltar MLC regulations and guidelines implementing Title
3.1 of MLC 2006.

11. Re-issue of a maritime labour certificate
11.1. When a maritime labour certificate ceases to be valid in the circumstances referred to in paragraphs
6.1 (c) to (e), a new certificate will only be issued when the ship has been inspected in accordance withparagraph 1 of this part, and the Gibraltar Maritime Administration is fully satisfied that the ship complies
with Gibraltar regulations and guidelines (MLN) implementing MLC 2006.

Page 6 of 15

12. Part II - Inspection for the issue of an MLC Certificate for ships and commercial yachts of less than
500GT
12.1. Application of Part II of these guidelines
12.1.1. The guidelines in this part of the MLN apply to any ship/yacht of under 500GT, which operates
commercially outside British Gibraltar Territorial waters, and at the ship-owners request requirecertification.
13. Inspection for the issue of an MLC Certificate
13.1. The Gibraltar Maritime Administration will carry out an inspection of the working and living conditionsof seafarers on board ships before an MLC Certificate can be issued or endorsed.
13.2. The policy of the Gibraltar Maritime Administration will be to carry out all the inspection of the working
and living conditions on Gibraltar registered ships. It will only be in exceptional circumstances will the
Recognised Organisation be authorised to carry out these inspection and issue a maritime labour
certificate. This will be on a case by case basis and only after application by the DPA for the company
operating the ship.
13.3. The following matters will be inspected for compliance with Gibraltar MLC regulations and any
Maritime Labour Notices (MLN) which contain guidance on evidence of compliance with theregulations:13.3.1.

minimum age;

13.3.2.

medical certification;

13.3.3.

qualifications of seafarers;

13.3.4.

seafarers’ employment agreements;

13.3.5.

use of any licensed or certified or regulated private recruitment and placement services;

13.3.6.

hours of work or rest;

13.3.7.

manning levels for the ship ;13.3.8.

accommodation;

13.3.9.

onboard recreational facilities;

13.3.10.

food and catering;

13.3.11.

health and safety and accident prevention;

13.3.12.

onboard medical care;

13.3.13.

onboard complaint procedures; and13.3.14.

payment of wages.

13.3.15.

documentary evidence of financial security and Shipowners liability.

Page 7 of 15

14. Validity of an MLC Certificate and intermediate inspections
14.1. An MLC Certificate will be issued for a period not exceeding 5 years after the successful completionof an initial inspection.
14.2. When issued for the maximum period the MLC will be subject to at least one intermediate inspection
by the Gibraltar Maritime Administration to ensure ongoing compliance with Gibraltar regulations.
14.3. When only one intermediate inspection is carried out this will be between the 2nd and 3rd anniversary
dates of the MLC.
*The anniversary dates are calculated from the expiry date of the MLC.
14.4. On successful completion of an intermediate inspection the MLC will be endorsed.

15. Inspection for the renewal of an MLC Certificate
15.1. When a renewal inspection is successfully completed within 3 months of the expiry date of the existing
MLC, then the new MLC will be valid for a maximum period of 5 years from the expiry date of theexisting declaration.
15.2. If a renewal inspection is successfully completed more than 3 months before the expiry date of theexisting MLC, then the new MLC will be valid for a maximum period of 5 years from the renewal
inspection date.

16. Interim inspection
16.1. When a ship changes flag, for new ships on delivery or when a ship-owner assumes responsibility forthe operation of a ship which is new to that ship-owner, the ship will be subject to an interim inspection
which will include as far as reasonable and practicable, inspection of the matters specified inparagraph 2, taking into account verification that:
12.1.2.

the ship-owner must be able to demonstrate to the Gibraltar Maritime Administration or RO
that there are adequate procedures in place on board the ship to comply with the requirementsof the MLC 2006; which means the requirements of the Articles, Regulations and Part A(Standards) of the MLC 2006; rather than the Gibraltar MLC requirements;(Please note: for interim certification this is the requirements of MLC 2006 rather thanGibraltar regulations and guidelines implementing MLC 2006)

12.1.3.

the Master is familiar with the requirements of the MLC 2006 and the responsibilities for
implementation; and12.1.4.

the ship-owner has sent the Gibraltar Maritime Administration or RO information which would
allow the production of a declaration of maritime labour compliance, although this is not
required to be issued for a period of up to 6 months from the date of the interim inspection.

12.2. A full inspection of the matters specified in paragraph 3 above of this part must be carried out within
6 months of the date of the interim inspection to enable the issue of an MLC Certificate.

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17. DMLC
17.1. The DMLC is made up of 2 parts. Part I is drawn up by the Gibraltar Maritime Administration andPart II is drawn up by the ship-owner.
DMLC Part I
17.2.

The Gibraltar Maritime Administration completes Part I of the DMLC which:17.2.1.

identifies the list of items that must be inspected, which is the same list as contained inparagraph 4 of these guidelines;

17.2.2.

specifies the Gibraltar MLC regulations which implement the inspection items and to the extent
necessary concise information on the regulations;17.2.3.

includes any ship-type specific requirements under Gibraltar regulations;17.2.4.

records any substantially equivalent provisions which have been extended to the Gibraltar
Maritime Administration, such as the Large Yacht Code Edition 3 (LY3) for accommodationon commercial yachts;

17.2.5.

indicates any exemptions which have been granted by the Gibraltar Maritime Administration
and are allowed by the MLC 2006.
DMLC Part II

17.3.

The ship owner’s complete Part II of the DMLC and:17.3.1.

must identify the ship owner’s measures adopted to ensure compliance with Gibraltar MLC
regulations, ongoing compliance between inspections and the measures proposed to ensure
continuous improvement;

17.3.2.

indicate the occasions on which ongoing compliance will be verified, the persons
responsible, the records to be taken and the procedures to be followed where noncompliance with Gibraltar MLC regulations is noted;

17.3.3.

may make reference other documentation detailing the ship owner’s policies andprocedures;

17.3.4.

must be drafted in the English language, in clear terms designed to help all persons
concerned, including authorised officers in port states and seafarers to check that therequirements are being properly implemented.

17.4.

The Gibraltar Maritime Administration will review the information provided by the ship-owner in the
DMLC Part II and following a successful inspection of the ship, where measures adopted to ensure
initial and ongoing compliance with the Gibraltar Maritime Administration DMLC Part I have beenverified, will certify (stamp, date and sign) the DMLC Part II.

17.5.

The date of completion of the review of the DMLC Part II should be reflected within the MLC
Certificate.

Page 9 of 15

18. MLC Certificate ceases to be valid
18.1.

An MLC Certificate will no longer be valid in the following circumstances:

18.1.1. when inspections are not completed within the periods specified in these guidelines inparagraphs 3 to 6;
18.1.2. when the MLC Certificate is not endorsed for intermediate inspection as specified in theseguidelines in paragraph 5;
18.1.3. when the ship changes flag;
18.1.4. when the shipowner ceases to assume responsibility for the operation of a ship; and18.1.5. when substantial alterations have been made to the structure and equipment of the ships
accommodation as detailed in Gibraltar MLC regulations and guidelines implementing Title 3.1
of MLC 2006.
18.2.

When an MLC Certificate ceases to be valid in the circumstances referred to in paragraphs 7.1 (c)to (e). A new MLC Certificate will only be issued when the ship has been inspected in accordancewith paragraph 2 of this part, and the Gibraltar Maritime Administration are fully satisfied that theship complies with Gibraltar regulations and guidelines (MLN) implementing MLC 2006.

19. Part III - Prescribed format of the DMLC
19.1.

The Gibraltar Maritime Administration has created a DMLC Part I, which is available on the website
at www.gibraltarship.com

19.2.

The Gibraltar Maritime Administration has also created a web-based DMLC Part II form in aprescribed format where the ship-owner can enter the measures adopted to ensure initial andongoing compliance with the Gibraltar Maritime Administration Part I. The form is also available on
the website at www.gibraltarship.com.

20. Part IV - Records of inspection, deficiency, critical deficiency, detention, removal of certificate or
declaration, corrective actions and rectification plans
20.1.

The Gibraltar Maritime Administration will record the results of any inspection or other verification
and any significant deficiencies, together with the date when the deficiencies were found to havebeen rectified. The inspection report and details of any deficiencies will be provided to theshipowner and/or Master.

20.2.

The Gibraltar Maritime Administration inspection report must be carried on the ship and a copy
posted in a conspicuous place where it is available to seafarers and upon request sent to theirrepresentatives.

20.3.

If the Gibraltar Maritime Administration receives a complaint which it considers not to be manifestly
unfounded or obtains evidence that a ship is not complying with Gibraltar regulations andguidelines implementing MLC 2006 or that there are serious deficiencies in the implementation of
the DMLC, the Gibraltar Maritime Administration will investigate and require that corrective actions
are taken to remedy any deficiencies found.

20.4.

This means that the Gibraltar Maritime Administration can issue a deficiency notice for noncompliance with Gibraltar regulations and guidelines or where the DMLC Part II complies with
Gibraltar regulations and guidelines but is not being implemented on board.

Page 10 of 15

20.5.

Where an additional inspection is carried out due to a complaint alleging a danger or deficiency inrelation to seafarers working and living conditions the Gibraltar Maritime Administration will treat
the source of the complaint as confidential. The Gibraltar Maritime Administration will not informthe shipowner, shipowner’s representative or the operator of the ship that an inspection was
carried out due to the alleged complaint.

20.6.

If the Gibraltar Maritime Administration find deficiencies which amount to a serious breach of theGibraltar regulations and guidelines implementing the MLC 2006, including seafarers’ rights, orrepresent a significant danger to the safety, health or security of seafarers, the Gibraltar Maritime
Administration will issue a critical deficiency notice.

20.7.

The Gibraltar Maritime Administration can withdraw a maritime labour certificate or DMLC when
there is evidence that the ship does not comply with Gibraltar regulations and guidelines
implementing the MLC 2006 and any corrective actions to clear any deficiencies have not beentaken.

20.8.

The Gibraltar Maritime Administration will take into account the seriousness or frequency ofdeficiencies before considering whether to withdraw the maritime labour certificate and DMLC Part
II.

20.9.

If a Gibraltar Maritime Administration inspector finds critical deficiencies as described in the
deficiency notice issued under paragraph 1.4 above, the Gibraltar Maritime Administration
inspector may detain the ship by issuing a detention notice until corrective action or a rectification
plan have been proposed and accepted by the Gibraltar Maritime Administration.

20.10. Where inspections are carried out or measures are taken as described in paragraph 3, 4, 5, 6, 7
and 8 above, the Gibraltar Maritime Administration will take all reasonable efforts to avoid a shipfrom being unreasonably detained or delayed.
20.11. The Gibraltar Maritime Administration will take the following into account when reaching a decisionon whether or not to accept a rectification plan or to detain a ship and/or to withdraw the maritime
labour certificate and DMLC Part II:
20.11.1. whether or not the deficiencies can be rapidly remedied in the port of inspection;
20.11.2. whether the deficiencies constitute a significant danger to the seafarers’ safety, health or
security;
20.11.3. the seriousness of the breach of the requirements of the Gibraltar vregulations andguidelines implementing MLC 2006 (including seafarers’ rights);
20.11.4. length and nature of the intended voyage or service;20.11.5. size and type of ship and equipment provided;
20.11.6. whether the appropriate rest period for seafarers is being observed;
20.11.7. nature of the cargo;
20.11.8. prior history of similar deficiencies;
20.11.9. number of deficiencies identified on the inspection;
20.11.10. safe manning requirements;
20.11.11. prior history with respect to rectifications.

Page 11 of 15

Annex I to these guidelines on pages 16 and 17 contains procedural flow charts illustrating MLC
inspections – deficiencies, critical deficiencies, withdrawal of certificate or declaration, detentions,corrective actions and follow up.
21. Part V - ILO guidelines for flag state inspections and port state control officers
21.1.

The purpose of this section is to provide examples, and examples only, of the circumstances
which may warrant a decision to prevent a ship from leaving port either because deficiencies arerepeated (occurring several times on a voyage or recurring after a previous voyage in which thesame deficiency was noted) or because of the seriousness of the deficiency.

21.2.

Examples of circumstances that may require detention of a ship:

21.2.1. the presence of any seafarer on board under the age of 16;
21.2.2. the employment of any seafarer under the age of 18 in work likely to jeopardise their healthor safety; or night work where this is not part of an established training programme, or the
specific nature of the duty or a recognised training programme requires that the young
seafarer concerned perform duties at night;
21.2.3. insufficient manning including that caused by the removal of underage seafarers;
21.2.4. any other deficiencies constituting a violation of fundamental rights and principles, orseafarers’ employment and social rights in Articles III and IV of MLC 2006;
21.2.5. anything applied in a way that violates those fundamental rights (for example, the attributionof sub-standard accommodation based on the race or gender or trade union activity of theseafarers concerned);
21.2.6. repeated cases of seafarers without valid certificates confirming medical fitness for duties;
21.2.7. seafarers on board the same ship repeatedly not in possession of valid seafarers’
employment agreements (SEAs) or seafarers with SEA’s containing clauses constituting adenial of seafarers’ rights;
21.2.8. seafarers repeatedly working beyond maximum hours of work or having less than theminimum hours of rest;
21.2.9. ventilation and/or air conditioning or heating that is not working adequately;
21.2.10. accommodation, including catering and sanitary facilities, that is unhygienic or where
equipment is missing or not functioning;
21.2.11. quality and quantity of food and drinking water not suitable for the intended voyage;
21.2.12. medical guide, medical chest or medical equipment, as required, not on board;
21.2.13. no medical doctor for passenger ships engaged in international voyages of more than 3days, carrying 100 persons or more, or no seafarer in charge of medical care on board forships not required to carry a medical doctor;
21.2.14. repeated cases of non-payment of wages, the non-payment of wages over a significant
period, or the falsification of wage accounts or the existence of more than one set of wage
accounts.

Dylan Cocklan
Maritime Administrator (Ag)
Issue date 26 November 2020

Page 12 of 15

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 13 of 15

Annex 1
MLC inspections – deficiencies, corrective actions and follow up
During an inspection the inspector finds asituation that is no clear breach of MLC
requirements and which does not endanger thehealth, safety or security of seafarers.

Inspector may provide
advice on how to remedy
observed situation

If there is any clear breach of MLC requirements,or the implementation of the DMLC Part II thenthe shipowner will be issued with a DEFICIENCYNOTICE. During subsequent inspections it will beverified that any previous deficiency has been
remedied.

DEFICIENCY NOTICE
A written notice listing identified
deficiencies and giving the
shipowner 15 days to respond withcorrective action for each
deficiency which cannot be
immediately remedied.
If the corrective action
received within 15 days. The
corrective action is accepted andthe ship advised, otherwise
negotiate an agreed close out.
Maximum of 3 months given to
close out proposed corrective
actions.

If corrective action is not received
within 15 days. The ship may beliable for inspection again at the next
port and shipowner must submit a
rectification plan.

If a satisfactory rectification
plan is not received within 15
days the Gibraltar Maritime
Administration will issue a
notice requiring the shipownerto give reasons why thecertificate or declaration ofmaritime labour complianceshould not be made invalid.

If ship owner does not respondeffectively to an issued notice.
The Gibraltar Maritime
Administration declares thecertificate or declaration invalid.
The shipowner
now be issued
Page 14mayof 15with a notice to deregister.

If shipowner responds
positively to the notice within
15 days the ship may still be
liable to an additional
inspection.

MLC inspections
Critical deficiencies – withdrawal of certification and detentions.

A critical deficiency is a deficiency
which, in the opinion of the inspector,
represents a significant danger to thehealth, safety or security of seafarers OR
a serious breach of the requirements ofthe convention including seafarers’
rights.

Serious breach of therequirements can also bea large number of
deficiencies during aninspection

A critical deficiency notice must be
actioned before the ship can leave port.
The Gibraltar Maritime Administration
may accept a corrective action that will
downgrade it immediately OR a
rectification plan that is agreed by the
Gibraltar Maritime Administration.

The ship may be prohibitedfrom leaving port
(detained).

An inspection cannot becompleted until an
acceptable corrective
action/rectification planis received

If critical deficiency not remedied.
If the ship leaves port or does not remedy a critical deficiency
before leaving port. The Gibraltar Maritime Administration
will issue a notice requiring the shipowner to give reasons
why the certificate should not be made invalid, or for vesselsof less than 500GT, why the declaration of maritime labour
compliance should not be made invalid. The shipowner must
respond within 24hrs to this notice.

If shipowner does not respondeffectively to an issued notice.
The Gibraltar Maritime Administration
declares the certificate or declaration
invalid. The shipowner may now be
issued with a notice to deregister.

Page 15 of 15

The inspector may
withdraw the MLC
certification or
declaration of maritime
labour compliance

If shipowner responds
positively to the noticethe ship may still be
liable to an additional
inspection.