1995-13

Gibraltar Merchant Shipping (Safety, etc.)

Subsidiary Legislation made under s.118.

Gibraltar Merchant Shipping (Maritime Labour
Convention) Regulations 2013
LN.2013/120
Commencement
Amending
enactments

Relevant current
provisions

LN. 2014/159
2015/051
2018/163
2020/174

Corrigenda
rr. 43A – 43E
rr. 2(1), 19(5)(a), 19A-19B, 29A, 32A-32S
rr. 2(1), 32(5)(a), (6), 32B(1)(b), (3), 32D(3A),
32E(1)(b), (12), 32L(1A)-(1B), 32N(1A), (2A),
32Q(1A), (2), 32T
rr. 2(1), 6(6)(a)(i), 15, 15A-15B, 19C, 38(2), (2A)(2B), Sch.1-2
rr. 2(1), 12A, 19B, (c), 19C(2)rr. 2(1), 44(1), (2)(a)-(b), 45(2)-(3), (4)(a), (b)(ii)

2021/165
2022/286
2021/165

20.8.2013
Commencement
date

31.3.2015
12.7.2018

7.5.2020
4.3.2021
6.10.2022
23.12.20221

Transposing:Directive 1999/63/EC
Directive 2009/13/EC
Directive 2013/54/EU
Directive (EU) 2018/131
EU Legislation/International Agreements involved:
European Community Shipowners’ Associations (ECSA) and the European Transport
Workers’ Federation (ETF) on the Maritime Labour Convention, 2006

1 Notice of Commencement (LN.2022/348)© Government of Gibraltar (www.gibraltarlaws.gov.gi)
Page 1 of 83

1995-13

Gibraltar Merchant Shipping (Safety, etc.)

2013/120

Gibraltar Merchant Shipping (Maritime Labour
Convention) Regulations 2013
ARRANGEMENT OF REGULATIONSRegulation
PART 1: PRELIMINARY AND GENERAL APPLICATION
1.
2.
3.

Title and commencement.
Interpretation.
Application.

PART II: MINIMUM REQUIREMENTS FOR SEAFARERS TO WORK ON A SHIP
4.
5.
6.
7.
8.
9.
10.

Minimum age for seafarers on Gibraltar, etc. ships.
Minimum age for seafarers on MLC ships.
Medical certificates for seafarers.
Health assessments for seafarers.
Training and qualifications.
Recruitment and placement.
Regulation of seafarer recruitment services.
PART III: CONDITIONS OF SEAFARERS’ EMPLOYMENT

11.
12.
12A.
13.
14.
15.
15A.
15B.
16.
17.
18.
19.
19A.
19B.
19C.
20.
21.
22.

Seafarers’ employment agreements.
Early termination of seafarers’ employment agreements.
Seafarers’ employment agreements: captive seafarers.
Documentation relating to seafarer’s employment agreements.
Seafarers’ wages.
Hours of work and rest on Gibraltar ships.
Authorised exceptions to minimum hours of rest.
Exception for emergencies.
Hours of work and rest on MLC and other ships.
Documentation of seafarer’s hours of work.
Seafarers’ entitlement to leave.
Seafarers’ right to repatriation.
Place for return.
Scope of duty to repatriate.
Lapse of right to be repatriated.
Seafarer compensation for a ship’s loss or foundering.
Manning levels.
Career and skill development and opportunities for seafarers’ employment.
PART IV: ACCOMMODATION, FOOD AND CATERING© Government of Gibraltar (www.gibraltarlaws.gov.gi)
Page 2 of 83

23.
24.
25.
26.
27.

Gibraltar Merchant Shipping (Safety, etc.)

1995-13Gibraltar Merchant Shipping (Maritime Labour
Convention) Regulations 20132013/120

Crew accommodation on Gibraltar, etc. ships.
Crew accommodation: exemptions and equivalences.
Crew accommodation on MLC ships.
Food and catering on Gibraltar, etc. ships.
Food and catering on MLC ships.
PART V: HEALTH PROTECTION, MEDICAL CARE, WELFARE AND
SOCIAL SECURITY PROTECTION

28.
Medical care on board ship and ashore.
29.
Shipowners’ liability.
29A. Shipowners’ liability for wages following sickness or injury sustained by seafarer.
30.
Health and safety protection and accident prevention.
31.
Access to shore-based welfare facilities.
32.
Social security.
PART VA: SECURITY AGAINST SHIPOWNER’S LIABILITY
FOR DEATH OR LONG TERM DISABILITY OF SEAFARERS.
32A. Interpretation for Part VA.
32B. Shipowner’s security requirement applicable to all ships.
32C. Meaning of “shipowner’s security.
32D. Payment of contractual compensation.
32E. Interim payments.
32F. Offence of undue pressure.
32G. Duty to carry and display shipowner’s security document.
32H. Termination of shipowner’s security on notice to the Minister.
32I. Duty on shipowner’s security provider to notify the Minister where a shipowner’s
security has been terminated.
32J. Duty on shipowner to notify seafarers if shipowner’s security is to be terminated.
PART VB: SECURITY AGAINST THE ABANDONMENT
OF SEAFARERS
32K.
32L.
32M.
32N.
32O.
32P.
32Q.

Interpretation for Part VB.
Abandonment.
Abandonment security requirement applicable to all ships.
Abandonment security.
Consideration and payment of abandonment claims.
Subrogation.
Duty to carry and display an abandonment security document.
© Government of Gibraltar (www.gibraltarlaws.gov.gi)
Page 3 of 83

1995-13

Gibraltar Merchant Shipping (Safety, etc.)

2013/120

Gibraltar Merchant Shipping (Maritime Labour
Convention) Regulations 2013

32R.
32S.
32T.

Termination of abandonment security effective only where notice given.
Duty on shipowner to notify seafarers if abandonment security is to be terminated.
Savings and adjustments.
PART VI: INSPECTION AND CERTIFICATION

33.
34.
35.
36.
37.
38.
39.
40.
41.
42.
43.

Inspection of Gibraltar ships.
Issue of Maritime Labour Certificates to Gibraltar ships.
Inspection and certification of Gibraltar ships by Governments of other States.
Interim Maritime Labour Certificates for Gibraltar ships.
Survey and Certification of non-Gibraltar ships by the Maritime Administrator.
Duration and validity of Maritime Labour Certificates.
Declaration of Maritime Labour Compliance.
Appeals.
Documents to be carried on board and made available.
On-board and on-shore complaint procedure.
Documentation and complaint procedure for MLC ships.
PART VIA

43A
43B.
43C.
43D.
43E.

Subject matter of Part VIA.
Interpretation of Part.
Monitoring of compliance.
Personnel in charge of compliance monitoring.
On-board complaint procedures, handling of complaints and corrective measures.
PART VII: COMPLIANCE AND ENFORCEMENT

44.
45.
46.
47.

Inspection and detention of Gibraltar ships.
Inspection and detention of MLC ships.
Offences and penalties.
Consequential amendment.
SCHEDULE 1
Medical Certificates
SCHEDULE 2
Workforce Agreements© Government of Gibraltar (www.gibraltarlaws.gov.gi)
Page 4 of 83

Gibraltar Merchant Shipping (Safety, etc.)

1995-13Gibraltar Merchant Shipping (Maritime Labour
Convention) Regulations 20132013/120

In exercise of its powers under section 118 of the Gibraltar Merchant Shipping (Safety, etc.)
Act, 1993, and section 23(g) of the Interpretation and General Clauses Act, and for the purposeof transposing into the law of Gibraltar Council Directive 1999/63/EC of 21 June 1999
concerning the Agreement on the organisation of working time of seafarers concluded by theEuropean Community Shipowners’ Association (ECSA) and the Federation of Transport
Workers’ Unions in the European Union (FST); and Council Directive 2009/13/EC of 16
February 2009 implementing the Agreement concluded by the European Community
Shipowners’ Associations (ECSA) and the European Transport Workers’ Federation (ETF)
on the Maritime Labour Convention, 2006, and amending Directive 1999/63/EC, and all otherenabling powers, the Government has made the following Regulations−PART 1PRELIMINARY AND GENERAL APPLICATION
Title and commencement.
1. These Regulations may be cited as the Gibraltar Merchant Shipping (Maritime Labour
Convention) Regulations 2013 and come into operation on 20 August 2013.
Interpretation.
2.(1) In these Regulations−“armed robbery against a ship” means any illegal act of violence or detention or any act orthreat of depredation, other than an act of piracy, committed for private ends, or any
act of inciting or intentionally facilitating this act, which is(a) directed against a Gibraltar ship or an MLC ship; or(b) against persons or property on board a Gibraltar ship or an MLC ship,
within British Gibraltar Territorial Waters or an MLC State’s internal waters, archipelagic
waters or territorial sea;
“British Gibraltar Territorial Waters” means the area of sea, the sea bed and subsoil within
the seaward limits of the territorial sea adjacent to Gibraltar under British sovereignty
and which, in accordance with the United Nations Convention on the Law of the Sea
1982, currently extends to three nautical miles and to the median line in the Bay of
Gibraltar;© Government of Gibraltar (www.gibraltarlaws.gov.gi)
Page 5 of 83

1995-13

Gibraltar Merchant Shipping (Safety, etc.)

2013/120

Gibraltar Merchant Shipping (Maritime Labour
Convention) Regulations 2013

“Captain of the Port” means the person appointed to be the Captain of the Port under section
4 of the Port Act and includes any person appointed by the Government to act in theplace of the Captain of the Port;“certifying authority” means the Maritime Administrator and, if authorised by the Maritime
Administrator, Lloyd’s Register of Shipping, Bureau Veritas, Det Norske Veritas,
Germanischer Lloyd, American Bureau of Shipping, Registro Italiano Navale, andClass NK;
“collective agreement” means any agreement or arrangement made by or on behalf of one
or more trade unions and one or more employers or employers’ associations andrelating to one or more of the following matters–(a) terms and conditions of employment, or the physical conditions in which any
workers are required to work;(b) engagement or non-engagement, or termination or suspension of employment or
the duties of employment, of one or more workers;(c) allocation of work or the duties of employment between workers or group of
workers;(d) matters of discipline;(e) a worker’s membership or non-membership of a trade union;(f) facilities for official trade unions;(g) machinery for negotiation or consultation, and other procedures, relating to any of
the above matters, including the recognition by employers or employers’
associations of the right of a trade union to represent workers in such negotiationor consultation or in the carrying out of such procedures;“constructed” in relation to a ship means−(a) the date on which its keel is laid; or(b) the stage at which construction identifiable with a specific ship begins andassembly has commenced comprising at least 50 tonnes or one per cent of theestimated mass of all structural material, whichever is less;© Government of Gibraltar (www.gibraltarlaws.gov.gi)
Page 6 of 83

Gibraltar Merchant Shipping (Safety, etc.)

1995-13Gibraltar Merchant Shipping (Maritime Labour
Convention) Regulations 20132013/120“contractual claims” for the purpose of Part VA, means any claim which relates to death orlong-term disability of seafarers due to an occupational injury, illness or hazard as
may be set out in the seafarers' employment agreement or any collective agreement.
“crew accommodation” means accommodation, including the construction, machinery,
fittings and equipment of that accommodation intended for or used by seafarers;“Gibraltar ship” means a ship registered under the provisions of the Gibraltar MerchantShipping (Registration) Act 1993;“gross tonnage” means–(a) the gross tonnage calculated in accordance with the tonnage measurement
regulations contained in Annex I to the International Convention on Tonnage
Measurement of Ships, 1969, or any successor Convention; or(b) in the case of a ship covered by the tonnage measurement interim scheme adopted
by the International Maritime Organisation, the gross tonnage included in the
REMARKS column of the International Tonnage Certificate (1969);“hours of work” means time during which a seafarer is required to do work on account of
the ship and “hours of rest” means time outside hours of work, excluding short breaks;“internal waters” has the same meaning as in the United Nations Convention on the Law of
the Sea 1982;“Maritime Administrator” means the person appointed under section 3 of the MerchantShipping (Safety, etc.) Act, 1993, or a suitably qualified member of the maritime
administrator’s staff;“Maritime Labour Notice” means a notice issued under section 3A of the Gibraltar
Merchant Shipping (Safety, etc.) Act, 1993;“Member State” means any State within the European Economic Area;“Member State ship” means a ship, other than a Gibraltar ship, which is registered in andflying the flag of a Member State;“MLC” means the Maritime Labour Convention, 2006 adopted on 23 February 2006 by theGeneral Conference of the International Labour Organisation as amended from time
to time;© Government of Gibraltar (www.gibraltarlaws.gov.gi)
Page 7 of 83

1995-13

Gibraltar Merchant Shipping (Safety, etc.)

2013/120

Gibraltar Merchant Shipping (Maritime Labour
Convention) Regulations 2013

“MLC State” means a State which is a Party to the MLC and in which the MLC has comeinto force, other than the United Kingdom extending the MLC to Gibraltar;“MLC ship” means a ship, other than a Gibraltar ship, which−(a) is registered in an MLC State;(b) is flying the flag of that State; and(c) carries a Maritime Labour Certificate to which a Declaration of Maritime Labour
Compliance is attached or an interim Maritime Labour Certificate;“piracy” has the same meaning as in Article 101 of the United Nations Convention on the
Law of the Sea 1982;“port” and “port of Gibraltar” have the meanings given to them by the Port Act;
“seafarer” means–(a) any person, including a master, who is employed or engaged or works in any
capacity on board a ship; and(b) in relation to a ship which is not a Gibraltar ship or an MLC flag ship, includes any
person on board that ship who is in a category of persons considered by thecompetent authority of the flag State of that ship to be a seafarer;“seafarer recruitment service” means–(a) a business–(i)whose primary purpose is the recruitment and placement of seafarers, or(ii)which recruits and places a significant number of seafarers; or(b) a public service which recruits and places seafarers and which is operated in anorderly manner that protects and promotes seafarers’ employment rights asprovided in the MLC;
“seafarers’ employment agreement” means a clear, written, legally enforceable document,
including either a contract of employment or articles of agreement, which−(a) is signed by the seafarer after that seafarer has been given−© Government of Gibraltar (www.gibraltarlaws.gov.gi)
Page 8 of 83

Gibraltar Merchant Shipping (Safety, etc.)

1995-13Gibraltar Merchant Shipping (Maritime Labour
Convention) Regulations 20132013/120(i)an opportunity to examine and seek advice on the agreement, and(ii)such other facilities as are necessary to ensure that that seafarer has freely
entered into the agreement with a sufficient understanding of that seafarers’
rights and responsibilities;(b) is signed by the shipowner or by a representative of the shipowner;(c) contains, as a minimum, the following particulars−(i)the seafarer’s full name, date of birth or age, and birthplace,(ii)

the shipowner’s name and address,(iii)

the place where and date when the seafarers’ employment agreement isentered into,(iv)

the capacity in which the seafarer is to be employed,(v)

the amount of the seafarer’s wages or, where applicable, the formula used
for calculating that amount,(vi)

the amount of paid annual leave or, where applicable, the formula used for
calculating it,(vii)

provisions for termination of the agreement and the conditions thereof,
including−(aa)

if the agreement has been made for an indefinite period, the conditions
entitling either party to terminate it, as well as the required notice
period, which must not be less for the shipowner than for the seafarer,(bb)

if the agreement has been made for a definite period, the date fixed for
its expiry, and(cc)

if the agreement has been made for a voyage, the port of destinationand the time which has to expire after arrival before the seafarer should
be discharged,(viii)

the health and social security protection benefits to be provided to theseafarer by the shipowner, and© Government of Gibraltar (www.gibraltarlaws.gov.gi)
Page 9 of 83

1995-13

Gibraltar Merchant Shipping (Safety, etc.)

2013/120

Gibraltar Merchant Shipping (Maritime Labour
Convention) Regulations 2013(ix)

the seafarer’s entitlement to repatriation;(d) incorporates by reference any collective agreement or workforce agreement
applicable to the agreement; and(e) in relation to–(i)an MLC ship, contains any other provisions required by the MLC State
whose flag that ship flies, and(ii)

any other ship, contains any other provisions as determined by the
Maritime Administrator;“seafarers’ employment record” means a document which−(a) contains a record of the seafarer’s employment on board the ship;(b) does not contain any statements as to the quality of the seafarer’s work or as to theseafarer’s wages;(c) if the ship is an MLC ship, is in the form determined by the MLC State whose flagthat ship flies and contains the particulars determined by that MLC State enteredin the manner determined by that MLC State;(d) if the ship is any other ship, is in the form determined by the Maritime
Administrator and contains the particulars determined by the Maritime
Administrator entered in the manner determined by the Maritime Administrator;“ship” means any ship ordinarily engaged in commercial activities, other than–(a) a ship which navigates exclusively in inland waters or waters within, or closely
adjacent to, sheltered waters or areas where port regulations apply;(b) a ship engaged in fishing or in similar pursuits;(c) a ship of traditional build such as a dhow or junk;(d) a warship;(e) a naval auxiliary;© Government of Gibraltar (www.gibraltarlaws.gov.gi)
Page 10 of 83

Gibraltar Merchant Shipping (Safety, etc.)

1995-13Gibraltar Merchant Shipping (Maritime Labour
Convention) Regulations 20132013/120“shipowner” means–(a) in relation to a ship which has a valid Maritime Labour Certificate or valid interim
Maritime Labour Certificate, the person identified as the shipowner on that
Certificate;(b) in relation to any other ship, the owner of the ship or, if different, any otherorganisation or person such as the manager, agent or bareboat charterer, who has
assumed the responsibility for the operation of the ship from the owner, and in thisdefinition “responsibility for the operation of the ship” includes the duties andresponsibilities imposed on shipowners in accordance with the Agreements
forming the Annexes to Directive 1999/63/EC and Directive 2009/13/EC;“STCW” means the International Convention of Standards of Training, Certification andWatchkeeping for Seafarers, 1978, as amended;“territorial sea” has the same meaning as in the United Nations Convention on the Law of
the Sea 1982;“wages” means the pay, however composed, for the seafarer’s normal hours of work
including overtime, allowances, paid leave and other remuneration (but excluding
bonuses).
“workforce agreement” means an agreement between an employer and his employees ortheir representatives in respect of which the conditions set out in Schedule 2 to theseRegulations are satisfied.
(2) A determination, exemption, exception or approval made or authorisation or permission
given by the Maritime Administrator in accordance with these Regulations−(a) is valid only if given in writing;(b) may be given subject to such conditions and limitations as the Maritime
Administrator may specify; and(c) may be altered or cancelled by the Maritime Administrator giving written notice.
Application.
3.(1) These Regulations apply–(a) to a Gibraltar ship wherever it is;© Government of Gibraltar (www.gibraltarlaws.gov.gi)
Page 11 of 83

1995-13

Gibraltar Merchant Shipping (Safety, etc.)

2013/120

Gibraltar Merchant Shipping (Maritime Labour
Convention) Regulations 2013(b) to any other ship which is in Gibraltar waters and which is–(i)in the Port of Gibraltar,(ii)

at an offshore installation, or(iii)

anchored off the port or such an installation;(c) as respects a seafarer on a ship referred to in paragraph (a) or (b);(d) to a seafarer recruitment organisation operating in Gibraltar.
(2) In the event of doubt, the Maritime Administrator−(a) having taken account of the Resolution of the 94th (Maritime) Session of theGeneral Conference of the International Labour Organisation concerning
information on occupational groups; and(b) having consulted relevant shipowners’ and seafarers’ organisations;
may determine whether or not any categories of persons on board a Gibraltar ship or other ship
which is not an MLC ship are to be regarded as seafarers to which these Regulations apply.
(3) In the event of doubt, the Maritime Administrator, having consulted relevant shipowners’
and seafarers’ organisations, may determine whether or not any Gibraltar ship or other ship
which is not an MLC ship, or a particular category of ships which are Gibraltar ships or not
MLC ships, is a ship or category of ships to which these Regulations apply.
(4) Where the Maritime Administrator is satisfied, having consulted relevant shipowners’
and seafarers’ organisations, that with respect to a Gibraltar ship, or particular categories ofGibraltar ship, of less than 200 gross tonnage not engaged in international voyages it would
not be reasonable or practicable to apply requirements of these Regulations which relate toPart A of the Code of the MLC, he may determine the different provisions which apply to thatship or those ships.
(5) A determination made by the Maritime Administrator under subregulation (4) must be
communicated to the Director-General of the International Labour Office, who must notify theMembers of the International Maritime Organisation.
(6) As respects a particular Gibraltar ship, or Gibraltar ships of a particular description, theMaritime Administrator may, in the circumstances set out in Article VI of the MLC, approve© Government of Gibraltar (www.gibraltarlaws.gov.gi)
Page 12 of 83

Gibraltar Merchant Shipping (Safety, etc.)

1995-13Gibraltar Merchant Shipping (Maritime Labour
Convention) Regulations 20132013/120

requirements which, when taken together with the conditions and limitations to which theapproval is subject, the Maritime Administrator considers are substantially equivalent torequirements of these Regulations.
PART IIMINIMUM REQUIREMENTS FOR SEAFARERS
TO WORK ON A SHIP
Minimum age for seafarers on Gibraltar, etc. ships.
4.(1) The shipowner, the master and the employer of a seafarer on a ship other than an MLC
flag ship must ensure that−(a) no person below the age of 16 is employed, engaged or works on board a ship;(b) no person below the age of 18 is employed, engaged or works at night on board a
ship;(c) no person below the age of 18 is employed, engaged or works on board a ship on
work which is likely to jeopardise their health or safety.
(2) In subregulation (1) “night” means a period which–(a) has a duration of not less than 9 consecutive hours; and(b) includes the period between midnight and 5 a.m.
(3) The Maritime Administrator may as respects any seafarer or description of seafarers,
make an exception to the prohibition on night work on a ship where, in his opinion–(a) the effective training of the seafarers concerned, in accordance with establishedprogrammes and schedules, would be impaired; or(b) the specific nature of the duty or a recognised training programme requires thatseafarers under the age of 18 perform duties at night and the Maritime
Administrator determines, after consultation with relevant shipowners’ andseafarers’ organisations, that the work will not be detrimental to their health orwell-being.
(4) An exception under subregulation (3) may be altered or cancelled by the Maritime
Administrator only after giving written notice to the shipowner and the seafarer.

© Government of Gibraltar (www.gibraltarlaws.gov.gi)
Page 13 of 83

1995-13

Gibraltar Merchant Shipping (Safety, etc.)

2013/120

Gibraltar Merchant Shipping (Maritime Labour
Convention) Regulations 2013

(5) The Maritime Administrator, in accordance with relevant international standards andhaving consulted shipowners’ and seafarers’ organisations, may determine whether a type ofwork is or is not likely to jeopardize the health and safety of seafarers below the age of 18.
(6) The Maritime Administrator may alter or cancel a determination under subregulation (5)only after having consulted shipowners’ and seafarers’ organisations.
Minimum age for seafarers on MLC ships.
5. The shipowner, the master and the employer of a seafarer on−(a) an MLC ship which is a Member State ship must ensure that the requirements ofClauses 3 to 9 and 11 of the Agreement forming the Annex to Directive
1999/63/EC, as transposed into the law of that Member State, are complied withas respects that seafarer;(b) an MLC ship other than a Member State ship must ensure that the requirements ofRegulation 1.1 and Standard A1.1 of the MLC as applied to that ship by its flag
State are complied with as respects that seafarer.
Medical Certificates for seafarers.
6.(1) Subject to subregulations (3) and (4), no person may begin or continue work as a seafarer
on a ship unless that person holds a valid medical certificate for the duties the seafarer is tocarry out at sea.
(2) Subject to subregulations (3) and (4), the shipowner, the master and the employer of aseafarer on a ship must ensure that a seafarer holds a valid medical certificate for the duties
the seafarer is to carry out at sea.
(3) In urgent cases, if a person on a ship–(a) does not hold a valid medical certificate; but(b) has held a medical certificate for a period of not less than 24 months (or in the caseof a person under 18 years at the date of issue of the certificate, 12 months) andthat certificate has expired no earlier than one month before the date on which that
person joined that ship,
the Maritime Administrator may grant permission for that person to work as a seafarer on thatship until the first port of call at which it is possible for an application for a medical certificate
as respects that person to be made and for that person to be examined by a medical practitioner© Government of Gibraltar (www.gibraltarlaws.gov.gi)
Page 14 of 83

Gibraltar Merchant Shipping (Safety, etc.)

1995-13Gibraltar Merchant Shipping (Maritime Labour
Convention) Regulations 20132013/120(or, in the case of a medical certificate solely concerning eyesight, by a person recognized by
the competent authority of an MLC State as qualified to issue such a certificate), provided thatthe period of working without a medical certificate does not exceed three months.
(4) A permission under subregulation (3) may not be altered or cancelled.
(5) A seafarer whose medical certificate has expired during the course of a voyage may
continue to work on board that ship as though that certificate continued in force until–(a) the first port of call at which it is possible for the seafarer to make an application
for a medical certificate and be examined by a duly qualified medical practitioner(or, in the case of a medical certificate solely concerning eyesight, by a person
recognized by the competent authority of an MLC flag State as qualified to issue
such a certificate); or(b) the expiry of three months starting on the date of expiry of the certificate;
whichever is the sooner.
(6) In this regulation–“medical certificate” means–(a) a medical certificate issued in accordance with−(i)Schedule 1 to these Regulations, or(ii)

Administrative Instruction No. STCW 11 made under section 3(5) of theGibraltar Merchant Shipping (Safety, etc.) Act 1993 on 29th July 2004 or
any revision or replacement of that Administrative Instruction from time totime in force;(b) a medical certificate issued–(i)

as respects a seafarer on a Gibraltar ship or Member State ship, in
accordance with the requirements of Clause 13 of the Agreement forming
the Annex to Council Directive 1999/63/EC,(ii)

as respects a seafarer on any other ship, in accordance with Regulation 1.2
and Standard A1.2 of the MLC as transposed into the law of a State Party
to the MLC, a medical certificate issued in accordance with therequirements of STCW; or© Government of Gibraltar (www.gibraltarlaws.gov.gi)
Page 15 of 83

1995-13

Gibraltar Merchant Shipping (Safety, etc.)

2013/120

Gibraltar Merchant Shipping (Maritime Labour
Convention) Regulations 2013(c) in the case of a seafarer not covered by STCW, a medical certificate meeting thesubstance of the requirements of STCW;“valid” in relation to a medical certificate means that–(a) the medical certificate has been issued to the seafarer in accordance with theprovisions applicable to its being issued;(b) the medical certificate is within its period of validity and has not been cancelled,suspended or otherwise withdrawn by the competent authority which issued thecertificate; and(c) the work being performed by the seafarer is within any restriction, condition orlimitation of that person’s medical certificate.
Health Assessments for seafarers.
7.(1) The shipowner and the employer of a seafarer on a Gibraltar ship or Member State shipmust ensure that the seafarer has regular health assessments which are free to the seafarer andwhich comply with medical confidentiality.
(2) If–(a) a medical practitioner has certified that a seafarer engaged on watchkeeping duties
on a Gibraltar ship or Member State ship is suffering from health problems which
the practitioner considers to be due to the fact that the seafarer performs work
during the night;(b) the certification has been provided, by the seafarer or with his permission, to theshipowner, the master or the seafarer’s employer; and(c) it is possible for the seafarer to be transferred to work–(i)to which the seafarer is suited, and(ii)which is to be undertaken during periods such that the seafarer will cease
to perform work during the night,

the shipowner, the master and the employer must ensure that the seafarer is transferred to thatwork.

© Government of Gibraltar (www.gibraltarlaws.gov.gi)
Page 16 of 83

Gibraltar Merchant Shipping (Safety, etc.)

1995-13Gibraltar Merchant Shipping (Maritime Labour
Convention) Regulations 20132013/120

Training and qualifications.
8.(1) No person may work as a seafarer on board a ship unless that person–(a) is trained, certified as competent or otherwise qualified to perform their duties on
the ship; and(b) has successfully completed training for personal safety on board ship.
(2) The shipowner, the master and the employer of a seafarer on a ship must ensure that aseafarer–(a) is trained, certified as competent or otherwise qualified to perform their duties on
the ship; and(b) has successfully completed training for personal safety on board ship.
(3) Training and certification which must be considered as meeting the requirements of thisprovision is−(a) training and certification which is in accordance with mandatory instruments on
training and certification of seafarers adopted by the IMO;(b) if−(i)the IMO has not adopted mandatory instruments on training andcertification of seafarers, and(ii)

the period of 5 years starting on the date on which the MLC enters into
force has not elapsed,training and certification which meets the obligations of the certification of Able Seamen
Convention, 1946.
Recruitment and placement.
9.(1) A person who is finding a seafarer to employ on a Gibraltar ship must use–(a) a seafarer recruitment service operating in the territory of an MLC State;© Government of Gibraltar (www.gibraltarlaws.gov.gi)
Page 17 of 83

1995-13

Gibraltar Merchant Shipping (Safety, etc.)

2013/120

Gibraltar Merchant Shipping (Maritime Labour
Convention) Regulations 2013(b) a seafarer recruitment service which is not operating in the territory of an MLC
State but which the shipowner or employer has ensured complies with therequirements of Regulation 1.4 and Standard A1.4 of the MLC;(c) if the organisation is being used to supply seafarers who are Gibraltar nationals tothe shipowner of a Gibraltar ship, a seafarers’ organisation operating in Gibraltar;or(d) an efficient, adequate and accountable system, other than a seafarer recruitment
service or seafarers’ organisation, to which all seafarers have access withoutcharge.
(2) The Maritime Administrator must–(a) ensure that any public service which is a seafarer recruitment and placement
service operating in Gibraltar is operated in an orderly manner that protects andpromotes seafarers’ employment rights as provided in the MLC;(b) closely supervise and control any other seafarer recruitment service operating in
Gibraltar;(c) ensure that adequate machinery and procedures exist for the investigation, if
necessary, of complaints concerning the activities of seafarer recruitment andplacement services which operate in Gibraltar or are used by the shipowner of a
Gibraltar ship, involving representatives of shipowners and seafarers in an
investigation as appropriate;(d) as far as practicable, unless he is satisfied that standards equivalent to those of the
MLC apply and within any applicable principles relating to the free movement ofworkers, advise Gibraltar nationals on the possible problems of signing on a ship
which is not a Gibraltar ship or MLC ship.
Regulation of seafarer recruitment services.
10.(1) A person who operates a seafarer recruitment service in Gibraltar other than a public
service must–(a) have a valid seafarers’ recruitment services certificate for that service, issued by
the Maritime Administrator; and(b) operate the service in accordance with that certificate.

© Government of Gibraltar (www.gibraltarlaws.gov.gi)
Page 18 of 83

Gibraltar Merchant Shipping (Safety, etc.)

1995-13Gibraltar Merchant Shipping (Maritime Labour
Convention) Regulations 20132013/120(2) The Maritime Administrator may, having consulted relevant shipowners’ and seafarers’organisations, issue a seafarers’ recruitment services certificate to a seafarers’ recruitment
service in Gibraltar which−(a) does not use means, mechanisms or lists intended to prevent or deter seafarers fromgaining employment for which they are qualified;(b) does not impose fees or other charges borne directly or indirectly, in whole or inpart, by the seafarer, other than the cost of the seafarer obtaining a national
statutory medical certificate, the national seafarer’s book and a passport or othersimilar personal travel document, not including however the cost of visas, whichmust be borne by the shipowner;(c) maintains an up-to-date register of all seafarers recruited or placed through theservice and keeps the register available for inspection by the Maritime
Administrator;(d) ensures that seafarers are informed of their rights and duties under theiremployment agreements prior to or in the process of engagement and that proper
arrangements are made for seafarers to examine their employment agreements
before and after they are signed and for them to receive a copy of the agreements;(e) verifies that seafarers recruited or placed by the service are qualified and hold the
documents necessary for the job concerned, and that the seafarers’ employment
agreements are in accordance with applicable laws and regulations and anycollective bargaining agreement that forms part of the employment agreement;(f) ensures, as far as practicable, that the shipowner has the means to protect seafarers
on the ship from being stranded in a foreign port;(g) examines and responds to any complaint concerning the service’s activities andadvises the Maritime Administrator of any unresolved complaint; and(h) establishes a system of protection, by way of insurance or an equivalentappropriate measure, to compensate a seafarer for monetary loss that the seafarer
may incur as a result of−(i)a failure of the recruitment and placement service to meet its obligations tothe seafarer, or(ii)

a failure of the shipowner under the seafarers’ employment agreement,© Government of Gibraltar (www.gibraltarlaws.gov.gi)
Page 19 of 83

1995-13

Gibraltar Merchant Shipping (Safety, etc.)

2013/120

Gibraltar Merchant Shipping (Maritime Labour
Convention) Regulations 2013

to meet its obligations to the seafarer.
(3) The Maritime Administrator must ensure that any certificate for the operation of a private
seafarer recruitment service is granted or renewed−(a) only after verification that the service concerned meets the requirements of thestandardised system of certification and of any other relevant requirements ofGibraltar law;(b) for a period of no more than 5 years.
(4) The Maritime Administrator may−(a) suspend or cancel a certificate for the operation of a private seafarer recruitment
service;(b) charge a fee to any person seeking the issue or renewal of a certificate for theoperation of a private seafarer recruitment service.
(5) In this regulation “private seafarer recruitment service” means a business whose primary
purpose is the recruitment and placement of seafarers or which recruits and places a significant
number of seafarers.
PART III
CONDITIONS OF SEAFARERS’ EMPLOYMENT
Seafarers’ employment agreements.
11.(1) No person may work as a seafarer on board a ship unless−(a) that person has a seafarers’ employment agreement; or(b) if the seafarer is not an employee, that seafarer has evidence of contractual orsimilar arrangements which provide the seafarer with decent working and living
conditions on board the ship as required−(i)by the MLC, and(ii)

if the ship is a Gibraltar ship or Member State ship, by Directive
2009/13/EC.

(2) The shipowner, the master and the employer of a seafarer on a ship must ensure that−© Government of Gibraltar (www.gibraltarlaws.gov.gi)
Page 20 of 83

Gibraltar Merchant Shipping (Safety, etc.)

1995-13Gibraltar Merchant Shipping (Maritime Labour
Convention) Regulations 20132013/120(a) if the seafarer is an employee, the seafarer has a seafarers’ employment agreement;(b) if the seafarer is not an employee, the seafarer has evidence of contractual orsimilar arrangements which provide that seafarer with decent working and living
conditions on board the ship as required by the MLC; and(c) the seafarer has a seafarers’ employment record.
Early termination of seafarers’ employment agreements.
12.(1) A seafarer on a Gibraltar ship, the shipowner or master of a ship other than an MLC
ship, or the employer of a seafarer on a ship other than an MLC ship, may not terminate aseafarer’s employment agreement before the earliest date of termination in that agreement
unless−(a) the seafarer is terminating the agreement for compassionate or other urgent
reasons;(b) the termination of the agreement is in accordance with circumstances determinedby the Maritime Administrator as justifying termination of the employment
agreement at shorter notice or without notice; or(c) the person terminating the agreement gives a minimum of seven days’ notice.
(2) A seafarer on an MLC ship, the shipowner or master of an MLC ship, or the employer ofa seafarer on an MLC ship, may not terminate a seafarer’s employment agreement before theearliest date of termination in that agreement unless−(a) the seafarer is terminating the agreement for compassionate or other urgent
reasons;(b) the termination of the agreement is in accordance with circumstances determinedby the Maritime Administrator as justifying termination of the employment
agreement at shorter notice or without notice; or(c) the person terminating the agreement gives a minimum notice period of seven daysor, if longer, the minimum notice period determined by the ship’s flag State.
(3) A shipowner, master or employer must not impose any penalty on a seafarer who
terminates his seafarers’ employment agreement for compassionate or other urgent reasons.

© Government of Gibraltar (www.gibraltarlaws.gov.gi)
Page 21 of 83

1995-13

Gibraltar Merchant Shipping (Safety, etc.)

2013/120

Gibraltar Merchant Shipping (Maritime Labour
Convention) Regulations 2013

Seafarers’ employment agreements: captive seafarers.
12A.(1) Sub-regulation (2) applies to a seafarers’ employment agreement which would, but
for the operation of that sub-regulation, terminate while the seafarer is held captive as a resultof piracy or armed robbery against the ship.
(2) Where this sub-regulation applies, the seafarers’ employment agreement continues tohave effect until the date on which the shipowner’s and employer’s duty to repatriate theseafarer under regulation 19 ends in accordance with regulation 19B.
(3) The reference in sub-regulation (1) to the termination of a seafarers’ employment
agreement includes(a) the operation of any provision in the seafarers’ employment agreement which
would, but for this regulation, cause the seafarer’s employment agreement to beterminated; and(b) the expiry of the notice period to terminate the seafarers’ employment agreement
given for any reason, regardless of when the notice was given.
(4) For any period during which the seafarer is held captive as a result of piracy or armed
robbery against the ship, the shipowner and the employer of the seafarer on board the shipmust ensure(a) the seafarer’s wages and other entitlements, whether arising under a seafarers’
employment agreement, collective agreement, collective bargaining agreement, or
workforce agreement, or under any enactment, in respect of that seafarer’s
employment on board the ship, must continue to be paid;(b) any part of the seafarer’s wages allotted to a person in accordance with regulation
14(3) must continue to be paid to that person; and(c) a term of any agreement is void to the extent that it purports to reduce, vary or
terminate any payments which are owed to a seafarer by the shipowner or
employer.
Documentation relating to seafarers’ employment agreements.
13.(1) The shipowner, the master and the employer of a seafarer on a ship must ensure that–(a) the seafarer has a signed original of their seafarers’ employment agreement and a
copy of their seafarers’ employment record;© Government of Gibraltar (www.gibraltarlaws.gov.gi)
Page 22 of 83

Gibraltar Merchant Shipping (Safety, etc.)

1995-13Gibraltar Merchant Shipping (Maritime Labour
Convention) Regulations 20132013/120(b) the seafarer can easily obtain on board the ship clear information as to theconditions of their employment on the ship;(c) a copy of any collective agreement or workforce agreement forming all or part ofthe seafarers’ employment agreement of any seafarer on the ship is available onboard the ship;(d) the following documents are available for review by the Maritime Administrator−(i)a copy of the standard form of the seafarers’ employment agreement of
every seafarer on board the ship,(ii)

the information referred to in paragraph (b),(iii)

a copy in English of the standard form of the seafarers’ employment
agreement of every seafarer on board the ship, and(iv)

a copy in English of any portions of a collective agreement or workforce
agreement referred to in paragraph (c) which are subject to Port Stateinspection.

(2) The shipowner must have a signed original of the seafarers’ employment agreement foreach seafarer on a ship of which he is the shipowner.
Seafarers’ wages.
14.(1) The shipowner and the employer of a seafarer on board a ship must ensure that every
seafarer on board the ship is paid−(a) regularly;(b) at intervals no greater than a month; and(c) in full in accordance with the seafarer’s employment agreement and any collective
agreement or workforce agreement applicable to that seafarer’s employment onboard the ship.
(2) The shipowner and the employer of a seafarer on board a ship must ensure that every
seafarer on board the ship is given a monthly account of the payments due and the amounts
paid, including–© Government of Gibraltar (www.gibraltarlaws.gov.gi)
Page 23 of 83

1995-13

Gibraltar Merchant Shipping (Safety, etc.)

2013/120

Gibraltar Merchant Shipping (Maritime Labour
Convention) Regulations 2013(a) wages;(b) additional payments;(c) if payment has been made in a currency other than one referred to in the seafarers’
employment agreement, the rate of exchange used to calculate the payment;(d) if payment has been made at a different rate of exchange from that agreed to, therate of exchange at which payment has been made.
(3) The shipowner and the employer of a seafarer on board a ship must ensure that theseafarer is provided with a means to transmit all or part of the seafarer’s wages and additional
payments to the seafarer’s family or dependants or legal beneficiaries, and that those means oftransmission include–(a) a system for enabling a seafarer, at the time of the seafarer’s starting work on board
the ship or during it, to allot, if the seafarer so desires, a proportion of the seafarer’s
wages for remittance at regular intervals to the seafarer’s family by bank transfers
or similar means; and(b) a requirement that allotments should be remitted in due time and directly to theperson or persons nominated by the seafarer.
(4) The shipowner and the employer of a seafarer on board a ship must ensure that–(a) any charge for a service provided to the seafarer as set out in subregulation (3) isreasonable in amount; and(b) the rate of currency exchange is–(i)at the prevailing market rate or official published rate according to thenational laws of the State whose flag the ship flies, and(ii)

not unfavourable to the seafarer.

(5) The Maritime Administrator may determine additional provisions regarding the
calculation and payment of the wages of seafarers on Gibraltar ships and ships which are not
MLC ships, any such determination to give due consideration to the guidance provided in
Guideline B.2.2 of the MLC.
Hours of work and rest on Gibraltar ships.

© Government of Gibraltar (www.gibraltarlaws.gov.gi)
Page 24 of 83

Gibraltar Merchant Shipping (Safety, etc.)

1995-13Gibraltar Merchant Shipping (Maritime Labour
Convention) Regulations 20132013/120

15.(1) The shipowner, master and employer of a seafarer on board a Gibraltar ship must ensurethat the normal working hours’ standard for the seafarer is, in principle, based on an eight-hour
day with one day of rest each week and rest on public holidays.
(2) The shipowner, master and employer of a seafarer on board a Gibraltar ship mustensure that the minimum hours of rest are(a) 10 hours in any 24-hour period; and(b) 77 hours in any 7-day period.
(3) The 10 hours of rest mentioned in sub-regulation (2)(a) may be divided into no morethan 2 periods, one of which is to be at least 6 hours in length, and the interval between
consecutive periods of rest must not exceed 14 hours.
(4)

Sub-regulations (2) and (3) are subject to regulation 15A.

(5) The shipowner, master and employer of a seafarer on board a Gibraltar ship mustensure that−(a) musters, fire-fighting and lifeboat drills are conducted in a manner that minimises
the disturbance of rest periods and does not induce fatigue; and(b) if the seafarer’s normal period of rest is disturbed by call-outs to work, the seafarer
has an adequate compensatory rest period.
(6)If–(a) no collective agreement, workforce agreement or arbitration award relates to theapplication of sub-regulation (5) to a seafarer; or(b) the Maritime Administrator considers that the provisions of such an agreement oraward as referred to in paragraph (a) are inadequate to ensure that the seafarer has
sufficient rest,

the Maritime Administrator may, as he considers necessary, determine the requirements withwhich the shipowner, master and employer of the seafarer must comply as respects subregulation (5) in order to ensure that the seafarer has sufficient rest.
(7)

The master of a Gibraltar ship–© Government of Gibraltar (www.gibraltarlaws.gov.gi)
Page 25 of 83

1995-13

Gibraltar Merchant Shipping (Safety, etc.)

2013/120

Gibraltar Merchant Shipping (Maritime Labour
Convention) Regulations 2013(a) may require a seafarer to perform any hours of work necessary for the immediate
safety of the ship, of persons on board the ship or of cargo on board the ship, orfor the purpose of giving assistance to other ships or persons in distress at sea;(b) in accordance with paragraph (a), may suspend the schedule of hours of rest until
the normal situation has been restored; and(c) must, as soon as possible after a normal situation has been restored, ensure thatany seafarer who has performed work in a scheduled rest period is provided withan adequate period of rest.
Authorised exceptions to minimum hours of rest.
15A.(1) The Maritime Administrator may authorise a collective agreement or workforce
agreement which(a) provide exceptions to the minimum hours of rest mentioned in regulation 15(2)(b);and(b) provide for exceptions to regulation 15(3).
(2) A collective agreement or workforce agreement under sub-regulation (1)(a) must
require that(a) there are at least 70 hours total rest in any period of 7 days;(b) the exceptions provided for in the agreement do not apply in relation to a periodof more than two consecutive weeks; and(c) where the exceptions apply in relation to two periods separated by an interval, theinterval is at least twice the duration of the longer of the two periods.
(3) A collective agreement or workforce agreement under sub-regulation (1)(b) must
require that the 10 minimum hours of rest mentioned in regulation 15(2)(a) are divided into
three periods(a) one of the three periods is at least 6 hours long and neither of the two other periods
are less than one hour long;(b) intervals between consecutive periods do not exceed 14 hours each; and© Government of Gibraltar (www.gibraltarlaws.gov.gi)
Page 26 of 83

Gibraltar Merchant Shipping (Safety, etc.)

1995-13Gibraltar Merchant Shipping (Maritime Labour
Convention) Regulations 20132013/120(c) the exceptions provided for in the collective agreement or workforce agreement do
not apply in relation to more than two 24 hours periods in any 7 days period.
Exception for emergencies.
15B.(1) The master of a ship to which this regulation applies may require a seafarer to work
any hours of work necessary for the immediate safety of the ship, persons on board or cargo,or for the purpose of giving assistance to another ship or to a person in distress at sea.
(2) As soon as practicable after the normal situation has been restored the master mustensure that any seafarer who has performed work in hours of rest scheduled in the table posted
under regulation 17(1)(c) is provided with an adequate rest period.
Hours of work and rest on MLC and other ships.
16. The shipowner, master and employer of a seafarer on board a ship other than a Gibraltar
ship must ensure that the seafarer’s hours of work and hours of rest−(a) if the ship is a Member State ship, comply with the requirements of Directive
1999/63/EC as applied by that Member State;(b) if the ship is an MLC ship which is not a Member State ship, comply with therequirements of Regulation 2.3 and Standard A2.3 of the MLC as applied by thecompetent authority of the ship’s flag State;(c) if the ship is not an MLC ship, comply with the requirements of Regulation 2.3
and Standard A2.3 of the MLC.
Documentation of seafarers’ hours of work.
17.(1) The shipowner, master and employer of a seafarer on board a ship must ensure that–(a) a record of each seafarer’s daily hours of work or daily hours of rest is maintained,
in the working language or languages of the ship and in English, in accordancewith the requirements of the flag State in which the ship is registered;(b) the seafarer receives a copy of the record pertaining to him which has beenendorsed by the master of the ship or a person authorised by the master and by theseafarer;(c) a table is posted in an easily accessible place on board the ship which contains forevery seafaring position on board the ship at least–© Government of Gibraltar (www.gibraltarlaws.gov.gi)
Page 27 of 83

1995-13

Gibraltar Merchant Shipping (Safety, etc.)

2013/120

Gibraltar Merchant Shipping (Maritime Labour
Convention) Regulations 2013(i)

the schedule of service at sea and service in port; and(ii)

the maximum hours of work or the minimum hours of rest required by thelaws, regulations, collective agreements or workforce agreements in force
in relation to the ship and the seafarers on board the ship;(d) on a Gibraltar ship or Member State ship, a copy of the relevant provisions of thenational legislation pertaining to the Annex to Directive 1999/63/EC and of any
relevant collective agreements or workplace agreements is kept on board the shipand easily accessible to the seafarers on board the ship;(e) on a Gibraltar ship, the Maritime Administrator is at his request provided withinformation on watchkeepers and other night workers on the ship;(f) on a Member State ship, the competent authority of the ship’s flag State is at its
request provided with information on watchkeepers and other night workers on theship.
(2) The table posted in accordance with subregulation (1)(c) must be in a standardised format
in the working language or languages of the ship and in English.
(3) As respects a Gibraltar ship the Maritime Administrator must determine–(a) the procedures for keeping records of seafarers’ hours of work or rest on board theship, including the intervals at which the information must be recorded; and(b) taking into account any available international guidelines, the format of thoserecords.
(4) The master of a Gibraltar ship must examine and endorse, at appropriate intervals, therecords of seafarers’ hours of work or hours of rest.
Seafarers’ entitlement to leave.
18.(1) The shipowner, master and employer of a seafarer on board a Gibraltar ship must ensure
that–(a) the seafarer takes paid annual leave at a minimum of 2.5 calendar days per monthof employment and pro rata for incomplete months; and© Government of Gibraltar (www.gibraltarlaws.gov.gi)
Page 28 of 83

Gibraltar Merchant Shipping (Safety, etc.)

1995-13Gibraltar Merchant Shipping (Maritime Labour
Convention) Regulations 20132013/120(b) within the operational requirements of the seafarer’s position, the seafarer isgranted shore leave to benefit their health and well-being.
(2) If an employment relationship terminates when a seafarer has not taken all paid annual
leave due under subregulation (1), the shipowner or employer may replace the seafarer’s
minimum paid annual leave allowance required by subregulation (1) with a payment in lieu.
(3) For the purposes of subregulations (1) and (2), a justified absence from work must not betreated as annual leave.
(4) If−(a) a collective agreement or workforce agreement provides for an appropriate
alternative method of calculation of paid annual leave for a seafarer on a Gibraltar
ship; and(b) that alternative method of calculation takes account of the special needs of theseafarer in that respect,
the Maritime Administrator may determine alternative minimum standards for the annual leaveand method of calculation of the seafarer as set out in that collective agreement or workforce
agreement.
Seafarers’ right to repatriation.
19.(1) The shipowner and employer of a seafarer on board a Gibraltar ship must ensure thatthe seafarer is repatriated at no cost to the seafarer if the seafarer has been on board for a period
not exceeding 12 months and–(a) the seafarers’ employment agreement expires while the seafarer is abroad;(b) the seafarers’ employment agreement is terminated by the shipowner;(c) the seafarers’ employment agreement is terminated by the seafarer for justified
reasons;(d) the seafarer is no longer able to carry out the duties specified in the seafarers’
employment agreement; or(e) in the specific circumstances, the seafarer cannot be expected to carry out theduties specified in the seafarers’ employment agreement.

© Government of Gibraltar (www.gibraltarlaws.gov.gi)
Page 29 of 83

1995-13

Gibraltar Merchant Shipping (Safety, etc.)

2013/120

Gibraltar Merchant Shipping (Maritime Labour
Convention) Regulations 2013

(2) The shipowner and employer of a seafarer on board a ship must not−(a) take advance payment from the seafarer towards the cost of repatriation;(b) recover from the seafarer’s wages or other entitlements the cost of repatriation,
unless the seafarer has been found, in accordance with−(i)in the case of a seafarer on a ship other than an MLC ship, a determinationby the Maritime Administrator, or(ii)

in the case of a seafarer on an MLC ship, the relevant national laws,
regulations or other measures, or applicable collective bargaining
agreements,

to be in serious default of the seafarer’s employment obligations.
(3) The shipowner of a Gibraltar ship must ensure that there is in force a contract of insurance
or other financial security in respect of the liabilities arising from the shipowner’s duty to makeprovision for the repatriation of seafarers in accordance with these Regulations.
(4) The Maritime Administrator must, where appropriate, determine–(a) the circumstances in which a seafarer is entitled to repatriation in accordance withsubregulation (1)(b) to (e);(b) a period shorter than 12 months on board a ship after which the shipowner andemployer of a seafarer must ensure that the seafarer is repatriated at no cost to theseafarer as otherwise set out in subregulation (1);(a) the criteria by which the destination of repatriation, the mode of transport, the itemsof expense to be covered and other arrangements to be made by shipowners andemployers in accordance with subregulation (1) are to be decided;(b) any requirements with which a shipowner must comply in order to meet the duty
to provide financial security in subregulation (3).
(5) Subregulation (6) applies where–(a) the shipowner and employer of a seafarer on board a Gibraltar ship fails to makearrangements for and meet the cost of the repatriation of a seafarer entitled to be
repatriated whether the seafarer is or is not entitled to receive financial assistanceunder the abandonment financial security required by Part VB of these Regulatios;© Government of Gibraltar (www.gibraltarlaws.gov.gi)
Page 30 of 83

Gibraltar Merchant Shipping (Safety, etc.)

1995-13Gibraltar Merchant Shipping (Maritime Labour
Convention) Regulations 20132013/120(b) the shipowner and employer of a seafarer on board a ship other than a Gibraltar
ship, and the competent authority of the flag State of that ship, fail to makearrangements for and meet the cost of the repatriation of a seafarer entitled to be
repatriated from Gibraltar in accordance with−(i)the requirements of the MLC as implemented by the flag State of that ship,
or

(ii)

the minimum requirements of the MLC,(c) the shipowner and employer of a seafarer who is a Gibraltar national, and thecompetent authority of the flag State of the ship on which the seafarer has been
employed or engaged in work, fail to make arrangements for and meet the cost of
the repatriation of the seafarer in accordance with−(i)the requirements of the MLC as implemented by the flag State of that ship,
or

(ii)

the minimum requirements of the MLC.

(6) Where this subregulation applies, the Maritime Administrator–(a) must arrange for the repatriation of the seafarer;(b) may recover the cost from the seafarer where the seafarer has been found inaccordance with a determination by the Maritime Administrator to be in serious
default of the seafarer’s employment obligations;(c) except where paragraph (b) applies, may recover the costs of repatriation from−(i)the shipowner of the ship on which the seafarer has been employed or
engaged in work,(ii)

the employer of the seafarer, or(ii)

the flag State of the ship on which the seafarer has been employed or
engaged in work.

(7) The Maritime Administrator may detain, or request the detention of, any ship in relation
to which subregulation (6) applies until the costs of repatriation have been fully reimbursed.

© Government of Gibraltar (www.gibraltarlaws.gov.gi)
Page 31 of 83

1995-13

Gibraltar Merchant Shipping (Safety, etc.)

2013/120

Gibraltar Merchant Shipping (Maritime Labour
Convention) Regulations 2013(8) The Maritime Administrator must facilitate−(a) the repatriation, in accordance with the requirements of the MLC, of a seafarer
serving on a ship; and(b) the replacement of that seafarer on board ship.
(9) The shipowner, master and employer of a seafarer on a Gibraltar ship must ensure that
there is carried on board the ship and made available to the seafarer a copy, in the working
language or languages of the ship and in English, of this regulation and of any determinations
made by the Maritime Administrator in accordance with this regulation as respects Gibraltar
ships.
Place for return.
19A.(1) Despite sub-regulation (4)(c) of regulation 19, where there is a duty on a shipownerand the employer to provide for the repatriation of a seafarer under regulation 19, a seafarer isentitled to repatriation to the destination provided for in the seafarer employment agreement,or such other place as may subsequently be agreed with the shipowner.
(2) If the seafarer employment agreement does not identify a destination, and there has been
no agreement between the seafarer and the shipowner as to the destination, the seafarer isentitled to repatriation to the seafarer’s choice of the following destinations(a) the place at which the seafarer entered into the seafarer’s employment agreement;or(b) the seafarer’s country of residence.
Scope of duty to repatriate.
19B. Where there is a duty on a shipowner and an employer to provide for the repatriation ofa seafarer under regulation 19, that duty ends when(a) the seafarer is repatriated in accordance with regulation 19A;(b) the shipowner makes reasonable arrangements for repatriation which are
unsuccessful because of the seafarer’s unreasonable conduct;(c) the shipowner has used reasonable endeavours to contact the seafarer for a periodof three months or more, but has been unable to make such contact, except where
the seafarer is held captive as a result of piracy or armed robbery against the ship;© Government of Gibraltar (www.gibraltarlaws.gov.gi)
Page 32 of 83

Gibraltar Merchant Shipping (Safety, etc.)

1995-13Gibraltar Merchant Shipping (Maritime Labour
Convention) Regulations 20132013/120(d) the seafarer confirms in writing to the shipowner that repatriation is not required;or(e) the seafarer is dead.
Lapse of right to be repatriated.
19C.(1) The entitlement to repatriation of a seafarer may lapse if the seafarer does not claim it
within a reasonable period of time as may be determined by the Maritime Administrator,
except where that seafarer is held captive on or off the ship as a result of acts of piracy orarmed robbery against the ship.
(2) Omitted.
Seafarer compensation for a ship’s loss or foundering.
20.(1) The shipowner must pay to a seafarer on a ship which is lost or founders−(a) if the seafarer is unemployed as a result of that loss or foundering, the amount ofwages which would have been due to the seafarer under the seafarers’ employment
agreement;(b) if the loss or foundering of the ship causes the seafarer to suffer personal injury or
loss, compensation.
(2) Payment under subregulation (1)−(a) if it is paid in accordance with subregulation (1)(a), is limited to the amount of twomonths’ wages calculated from the date of the loss or foundering of the ship or, if
shorter, to the amount of wages due for the period in which the seafarer–(i)would otherwise have been employed on the ship, and(ii)

was unemployed,(b) if it is paid in accordance with subregulation (1)(b) in relation to loss other thanpersonal injury or death, is limited to the amount (if any) specified in the seafarers’
employment agreement;(c) is without prejudice to any other rights the seafarer may have for losses or injuries
arising from the ship’s loss or foundering;© Government of Gibraltar (www.gibraltarlaws.gov.gi)
Page 33 of 83

1995-13

Gibraltar Merchant Shipping (Safety, etc.)

2013/120

Gibraltar Merchant Shipping (Maritime Labour
Convention) Regulations 2013(d) may be recovered as a civil debt.
Manning levels.
21.(1) The Maritime Administrator must ensure that a safe manning document issued by the
Administration to a Gibraltar ship under the Gibraltar Merchant Shipping (Manning, Training
and Certification for Seafarers) Regulations 2006 is issued in compliance with therequirements of Regulation 2.7 of the MLC and Clauses 10 and 12 of the Annex to Council
Directive 1999/63/EC.
(2) The shipowner of a ship other than a Gibraltar ship must ensure that the manning levels
on the ship−(a) if the ship is a Member State ship, comply with the requirements of Directive
1999/63/EC as applied by that Member State; and(b) if the ship is not a Member State ship, comply with the requirements of Regulation
2.7 and Standard A2.7 of the MLC as applied by the competent authority of the
ship’s flag State.
Career and skill development and opportunities for seafarers’ employment.
22.(1) The Maritime Administrator may–(a) promote employment in the maritime sector in Gibraltar;(b) encourage career and skill development and greater employment opportunities for
seafarers;(c) help seafarers strengthen their competencies, qualifications and employment
opportunities;(2) The Maritime Administrator must, having consulted shipowners’ and seafarers’organisations, establish clear objectives for the vocational guidance, education and training of
seafarers whose duties on board ship primarily relate to the safe operation and navigation of
the ship, including ongoing training.
PART IV
ACCOMMODATION, FOOD AND CATERING
Crew accommodation on Gibraltar etc. ships.
© Government of Gibraltar (www.gibraltarlaws.gov.gi)
Page 34 of 83

Gibraltar Merchant Shipping (Safety, etc.)

1995-13Gibraltar Merchant Shipping (Maritime Labour
Convention) Regulations 20132013/120

23.(1) The shipowner of a ship other than an MLC ship must ensure that crew accommodationon the ship−(a) is decent accommodation, consistent with promoting the seafarers’ safety, healthand well-being;(b) if the ship was constructed on or after the date on which these Regulations comeinto force, is constructed, equipped, provided and maintained to the minimum
standards for on-board accommodation and recreational facilities, amenities andservices set out in Regulation 3.1.1 and Standard A3.1 of the MLC;(c) if the ship was constructed before the date on which these Regulations come into
force−(i)is constructed and equipped in accordance with the requirements (if any)
relating to ship construction and equipment set out in the Accommodationof Crews Convention (Revised), 1949 (No. 92) and the Accommodation ofCrews (Supplementary Provisions) Convention, 1970 (No. 133) whichapplied to that ship immediately before that date, and(ii)

is provided and maintained to the minimum standards for on-board
accommodation and recreational facilities, amenities and services set out
in Regulation 3.1.1 and Standard A3.1 of the MLC.

(2) The master of a ship other than an MLC ship or a person authorised by the master must−(a) ensure that crew accommodation on a ship is cleaned and maintained to conformwith the requirements of subregulation (1);(b) carry out frequent inspections to ensure that the crew accommodation is clean,decently habitable and maintained in a good state of repair; and(c) record the findings of those inspections and keep them available for review.
(3) The Maritime Administrator−(a) must determine the appropriate devices to be fitted to a Gibraltar ship regularly
trading to mosquito-infested ports;(b) may, having consulted shipowners’ and seafarer’s organisations, permit fairly
applied variations to take account on Gibraltar ships, without discrimination, of© Government of Gibraltar (www.gibraltarlaws.gov.gi)
Page 35 of 83

1995-13

Gibraltar Merchant Shipping (Safety, etc.)

2013/120

Gibraltar Merchant Shipping (Maritime Labour
Convention) Regulations 2013

the interests of seafarers having differing and distinctive religious and social
practices, provided that such variations do not result in overall facilities lessfavourable than those which would result from the application of Standard A3.1of the MLC.
Crew accommodation: exemptions and equivalences.
24. The Maritime Administrator may exempt a Gibraltar ship of less than 200 gross tonnage,
from some or all of the requirements of regulation 23 if the exemption−(a) is reasonable taking account of the size of the ship and the number of persons onboard;(b) does not result in overall facilities less favourable than those which would result if
no exemption had been given and relates to Standard A3.1.7(b), 11(d) and 13 of
the MLC or, as respects floor area only, Standard A3.1.9(f) and (h) to (l) of the
MLC; or(c) is otherwise expressly permitted in Standard A3.1 of the MLC.
Crew accommodation on MLC ships.
25.(1) The shipowner of an MLC ship must ensure that crew accommodation on the ship isconstructed, equipped, provided and maintained to the standards for on-board accommodation
and recreational facilities set out in Regulation 3.1.1 and Standard A3.1 of the MLC as
implemented by the ship’s flag State.
(2) The master of an MLC ship or a person authorised by the master must ensure that crew
accommodation is inspected in accordance with the requirements of Standard A3.1 of the MLC
as implemented by the flag State of that ship.
Food and catering on Gibraltar etc. ships.
26.(1) The shipowner and the master of a ship other than an MLC ship must ensure that foodand drinking water are provided on the ship which−(a) are suitable in respect of quantity, nutritional value, quality and variety, taking
account of−(i)the number of seafarers on board,(ii)

the character, nature and duration of the voyage, and© Government of Gibraltar (www.gibraltarlaws.gov.gi)
Page 36 of 83

Gibraltar Merchant Shipping (Safety, etc.)

1995-13Gibraltar Merchant Shipping (Maritime Labour
Convention) Regulations 20132013/120(iii)

the different religious requirements and cultural practices in relation tofood of the seafarers on board,(b) do not contain anything which is likely to cause sickness or injury to health or
which renders any food or drinking water unpalatable;(c) are otherwise fit for consumption.
(2) The shipowner and the master of a ship other than an MLC ship must ensure that−(a) food and drinking water provided in accordance with subregulation (1) areprovided free of charge to all seafarers while they are on board;(b) the catering department on the ship is organised and equipped so as to permit theprovision to the seafarers of adequate, varied and nutritious meals prepared andserved in hygienic conditions;(c) seafarers whose normal duties include the preparation and storage of food, theservice of meals to seafarers on board the ship or other work in the galley or inareas where food is stored or handled are properly trained or instructed for theirpositions;(d) any person processing food in the galley has been trained or instructed in areas
including food and personal hygiene and the handling and storage of food on board
ship.
(3) The master of a ship other than an MLC ship, or a person authorised by the master, mustcarry out frequent inspections of−(a) supplies of food and drinking water on board the ship;(b) all spaces and equipment used for the storage and handling of food and drinking
waters; and(c) galley and other equipment for the preparation and service of meals;
and must record the findings of those inspections and keep them available for review.
(4) Subject to subregulation (5), the shipowner and the master of a ship other than an MLC
ship, which ordinarily operates with 10 or more seafarers on board must ensure that the ship
does not proceed to sea unless a qualified ships’ cook is on board.
© Government of Gibraltar (www.gibraltarlaws.gov.gi)
Page 37 of 83

1995-13

Gibraltar Merchant Shipping (Safety, etc.)

2013/120

Gibraltar Merchant Shipping (Maritime Labour
Convention) Regulations 2013

(5) The Maritime Administrator may grant a Gibraltar ship an exemption from subregulation(4)−(a) until the ship’s next port of call; or(b) for a period not exceeding one month;but only if there is a person on board the ship who is trained or instructed in areas including
food and personal hygiene and handling and storage of food on board ship.
(6) In this regulation “qualified ships’ cook” means−(a) a person who−(i)is over the age of 18,(ii)

has completed a minimum amount of sea-service as determined by the
Maritime Administrator,(iii)

holds a valid Certificate of Medical Fitness,(iv)

has completed a training course, approved or recognised by the Maritime
Administrator or by the competent authority of an MLC State, which
covers practical cookery, food and personal hygiene, food storage, stock
control and environmental protection and catering health and safety,(v)

has completed such other training as may be determined by the Maritime
Administrator,and has been issued by the Maritime Administrator with a Certificate of Qualification
as a Ships’ Cook; or(b) a person who−(i)meets the minimum requirements for a ship’s cook set out in Standard A3.2of the MLC, and(ii)holds a valid certificate of qualification as a ships’ cook issued by an MLC
State, by a State which has ratified the Certification of Ships’ Cooks
Convention, 1946 (No.69) or by any other body approved by the Maritime
Administrator.
© Government of Gibraltar (www.gibraltarlaws.gov.gi)
Page 38 of 83

Gibraltar Merchant Shipping (Safety, etc.)

1995-13Gibraltar Merchant Shipping (Maritime Labour
Convention) Regulations 20132013/120

Food and catering on MLC ships.
27.(1) The shipowner and the master of an MLC ship must ensure that−(a) food and catering on the ship is provided and maintained to the standards for foodand catering set out in Regulation 3.2 and Standard A3.2 of the MLC as
implemented by the flag State of that ship; and(b) that a seafarer is engaged as a ship’s cook as required by Regulation 3.2 andStandard A3.2 as implemented by the flag State of that ship.
(2) The master of an MLC ship or a person authorised by the master must ensure that frequent
documented inspections are carried out in accordance with the requirements of Standard A3.2of the MLC as implemented by the flag State of that ship.
PART VHEALTH PROTECTION, MEDICAL CARE, WELFARE AND SOCIAL SECURITY
PROTECTION
Medical care on board ship and ashore.
28.(1) The shipowner, master and employer of a seafarer on a ship other than an MLC shipmust ensure that–(a) seafarers are given health protection and medical care, including essential dental
care, which is as comparable as possible to that generally available to workers in
Gibraltar, including prompt access to the necessary medicines, medical equipment
and facilities for diagnosis and treatment and to medical information and expertise;(b) seafarers are given the right to visit a qualified medical doctor or dentist without
delay in ports of call, where practicable;(c) seafarers are provided with measures of a preventive character such as healthpromotion and health education programmes,(d) seafarers’ medical information is kept confidential and only used to facilitate thetreatment of the seafarer;(e) a medicine chest, medical equipment and a medical guide are carried on board inaccordance with requirements determined by the Maritime Administrator in
relation to that ship, or in relation to ships of that description;© Government of Gibraltar (www.gibraltarlaws.gov.gi)
Page 39 of 83

1995-13

Gibraltar Merchant Shipping (Safety, etc.)

2013/120

Gibraltar Merchant Shipping (Maritime Labour
Convention) Regulations 2013(f) if the ship–(i)

carries 100 or more persons and is ordinarily engaged on international
voyages of more than three days’ duration, or(ii)

is of a description of ships which the Maritime Administrator has
determined must carry a qualified medical doctor,

a qualified medical doctor is on board the ship and is responsible for providing medicalcare to persons on board the ship,(g) if the ship is not required to carry a qualified medical doctor on board−(i)at least one seafarer on board has satisfactorily completed training inmedical care that meets the requirements of STCW to the level determinedin relation to the ship by the Maritime Administrator and is in charge of
medical care and administering medicine as part of their regular duties; or(ii)

at least one seafarer on board has satisfactorily completed training inmedical first aid that meets the requirements of STCW to the level
determined in relation to the ship by the Maritime Administrator and iscompetent to provide medical first aid.

(2) The shipowner and the employer of a seafarer on a ship other than an MLC ship mustensure that medical and dental care provided to a seafarer on board a ship in accordance withsubregulation (1) are provided free of charge to all seafarers while they are on board or landed
in a foreign port.
(3) The Maritime Administrator must−(a) adopt a standard medical report form for use by ships’ masters and relevant
onshore and on-board medical personnel;(b) determine the requirements for the medicine chest, medical equipment and medical
guide to be carried on board a ship or ships of a particular description;(c) determine the ships or descriptions of ships which must carry a qualified medical
doctor on board;© Government of Gibraltar (www.gibraltarlaws.gov.gi)
Page 40 of 83

Gibraltar Merchant Shipping (Safety, etc.)

1995-13Gibraltar Merchant Shipping (Maritime Labour
Convention) Regulations 20132013/120(d) determine, in relation to particular ships or descriptions of ship, the level oftraining in medical care or medical first aid to be satisfactorily completed in order
to meet the requirements of subregulation (1)(g);(e) ensure that medical advice by radio or satellite communication is available to a
Gibraltar ship by a prearranged system 24 hours a day when the ship is at sea.
(4) The shipowner, the master and the employer of a seafarer on an MLC ship must ensure
that−(a) medical and dental care, medicine chests, medical equipment and a medical guideis provided to the standards for medical care set out in Regulation 4.1 and Standard
A4.1 of the MLC as implemented by the flag State of that ship; and(b) that the ship carries a qualified medical practitioner, a seafarer in charge of medicalcare or a seafarer designated to provide first aid as required by Regulation 4.1 andStandard A4.1 of the MLC as implemented by the flag State of that ship.
Shipowners’ liability.
29.(1) The shipowner of a Gibraltar ship must−(a) provide medical care for a seafarer on the ship and ashore, including medical
treatment and the supply of necessary medicines and therapeutic appliances, inrespect of sickness or injury occurring between the date of the seafarer’scommencing duty and the date upon which the seafarer is deemed duly repatriated,or arising from the seafarer’s employment or engagement on work between those
dates;(b) provide board and lodging away from home until a seafarer who is sick or injured
while employed or engaged in work on the ship or arising from that employment
or engagement has recovered, or until the sickness or incapacity has been declaredof a permanent character;(c) where the sickness or injury of a seafarer results in that seafarer’s incapacity for
work−
(i)

make full payment of wages while the seafarer is on board the ship or, if
the seafarer is entitled to be repatriated, until the seafarer has been
repatriated,© Government of Gibraltar (www.gibraltarlaws.gov.gi)
Page 41 of 83

1995-13

Gibraltar Merchant Shipping (Safety, etc.)

2013/120

Gibraltar Merchant Shipping (Maritime Labour
Convention) Regulations 2013(ii)

make payment of wages in full or in part from the date on which theseafarer leaves the ship or is repatriated and the date on which the seafarer
has recovered or is entitled to cash payments from the Government of
Gibraltar,(d) in accordance with the laws of Gibraltar, the seafarers’ employment agreement ora collective agreement, pay compensation in the event of death or long term
disability of a seafarer due to an occupational injury, illness or hazard while theseafarer is employed or engaged in work on the ship or arising from that
employment or engagement;(e) meet the cost of burial expenses in the case of death of a seafarer occurring on
board or ashore during the seafarer’s period of engagement;(f) safeguard property left on board the ship by a sick, injured or deceased seafarer
and return it to the seafarer or the seafarer’s next of kin.
(2) A shipowner is not liable under this regulation−(a) to defray the expense of medical care and board and lodging for a period of morethan 16 weeks from the day of the injury or the commencement of the sickness;(b) to pay wages in whole or in part in respect of a seafarer no longer on board ship
for a period of more than 16 weeks from the day of the injury or thecommencement of the sickness;(c) where−(i)injury occurred otherwise than in the service of the ship,(ii)

injury or sickness was due to the wilful misconduct of the sick, injured ordeceased seafarer,(iii)

the sickness or infirmity was intentionally concealed when the employment
or engagement of the seafarer was entered into.

(3) The shipowner of a ship which is going to put to sea or is at sea must have in force a
contract of insurance or other security adequate to ensure that the shipowner will be able tomeet any liabilities the shipowner may have in accordance with this regulation.
(4) The Maritime Administrator may determine the requirements with which a shipownermust comply in order to meet the duty in subregulation (3).
© Government of Gibraltar (www.gibraltarlaws.gov.gi)
Page 42 of 83

Gibraltar Merchant Shipping (Safety, etc.)

1995-13Gibraltar Merchant Shipping (Maritime Labour
Convention) Regulations 20132013/120

Shipowners’ liability for wages following sickness or injury sustained by seafarer.
29A.(1) Subject to sub-regulation (11) and regulation 29(1)(c), this regulation applies inrelation to a seafarer who suffers sickness or injury which(a) first occurs during a period(i)which starts on the date on which the seafarer’s seafarer employment
agreement commences and ends on the next date on which the shipowner’s
duty to make provision for the repatriation of that seafarer under regulation
19 ends under regulation 19A; or(ii)

which starts after a period referred to in sub paragraph (i) but is caused bycircumstances or events arising during that period;(b) does not first occur during a period of leave, other than shore leave; and(c) results in the seafarer’s incapacity for work.
(2) If a seafarer falling within sub-regulation (1)(a)(i) does not receive the wages payable
under the seafarer employment agreement in respect of the period specified in sub-regulation(3), the shipowner must pay to the seafarer a sum equal to the difference between(a) any sums received by the seafarer in respect of wages for that period under thatagreement; and(b) the wages which would have been payable to the seafarer under that agreement if
the seafarer had remained fit for work throughout that period, and (where theagreement would otherwise have terminated during that period) if the agreement
had continued on the same terms throughout that period.
(3) The period referred to in sub-regulation (2) is a period(a) starting on the date of the injury or the first day of the sickness; and(b) ending on the date on which the duty to repatriate the seafarer under regulation 19
ends under regulation 19A (or, if such a duty does not arise, the date on which theseafarer leaves the ship).
(4) Subject to sub-regulations (5) to (7), if a seafarer falling within sub-regulation (1) is
incapable of work after the date on which the duty to repatriate the seafarer under regulation© Government of Gibraltar (www.gibraltarlaws.gov.gi)
Page 43 of 83

1995-13

Gibraltar Merchant Shipping (Safety, etc.)

2013/120

Gibraltar Merchant Shipping (Maritime Labour
Convention) Regulations 201319 ends under regulation 19A (or if such a duty does not arise, the date on which the seafarer
leaves the ship), and the seafarer does not receive the basic wages payable under the seafarer
employment agreement for the period starting on that date and ending on the date on which
the seafarer is again fit for work, the shipowner must pay to the seafarer a sum equal to thedifference between(a) any sums received by the seafarer in respect of basic wages for that period underthat agreement; and(b) the basic wages which would have been payable to the seafarer under thatagreement if the seafarer had remained fit for work throughout that period, and(where the agreement would otherwise have terminated during that period) if theagreement had continued on the same terms throughout that period.
(5) The duty in sub-regulation (4) ends on the expiry of the period of 16 weeks commencing
on the day following the date of the injury or the first day of the sickness referred to in subregulation (1).
(6) The duty in sub-regulation (4) is conditional upon the seafarer applying for all relevantsocial security benefits payable in consequence of(a) the seafarer’s incapacity for work; and(b) the sickness or injury which resulted in the incapacity for work, under the laws ofGibraltar or the laws or arrangements in the country to which the seafarer isrepatriated.
(7) If the seafarer receives social security benefits of the kind described in sub-regulation (6)in respect of the period referred to in sub-regulation (5) or any part of that period(a) the amount which the shipowner must pay to the seafarer under sub-regulation (4)is to be reduced by that amount; and(b) the shipowner may recover as a civil debt any payments already made to theseafarer to the extent that they exceed such reduced amounts.
(8) The seafarer must on request provide information to the shipowner as to the amounts
received by the seafarer in social security benefits during the period referred to in subregulation (5).

© Government of Gibraltar (www.gibraltarlaws.gov.gi)
Page 44 of 83

Gibraltar Merchant Shipping (Safety, etc.)

1995-13Gibraltar Merchant Shipping (Maritime Labour
Convention) Regulations 20132013/120(9) The sums payable to the seafarer under sub-regulations (2) and (4) must be paid in thesame manner and at the same frequency as wages are (or, as the case may be, were) payable
under the seafarer employment agreement.
(10) The seafarer may recover any sum due from the shipowner under sub-regulation (2) or(4) as a civil debt.
(11) This regulation does not apply to a seafarer where(a) the injury referred to in sub-regulation (1) was sustained while the seafarer was
not at work;(b) the injury or sickness referred to in sub-regulation (1) was sustained or arose dueto the seafarer’s wilful misconduct; or(c) the sickness or incapacity for work existed at the time when the seafarer entered
the seafarer employment agreement, and the seafarer deliberately concealed thesickness or incapacity from the shipowner.
Health and safety protection and accident prevention.
30.(1) The shipowner, the master and the employer of a seafarer on a Gibraltar ship mustensure that seafarers on the ship are provided with−(a) occupational health protection;(b) a safe and hygienic environment in which to live, work and train;(d) safety and health protection appropriate to the nature of the seafarer’s work;(e) equivalent protection and prevention services or facilities with regard to the safety
and health of seafarers working by day or by night.
(2) The shipowner and employer of a seafarer on a Gibraltar ship must comply with therequirements of those international and national instruments on the acceptable levels of
exposure to workforce hazards on board ships and on the development and implementation ofships’ occupational safety and health policies and programmes which the Maritime
Administrator determines are applicable to Gibraltar ships or to Gibraltar ships of that
description.
(3) The Maritime Administrator must−© Government of Gibraltar (www.gibraltarlaws.gov.gi)
Page 45 of 83

1995-13

Gibraltar Merchant Shipping (Safety, etc.)

2013/120

Gibraltar Merchant Shipping (Maritime Labour
Convention) Regulations 2013(a) determine the international and national instruments on the acceptable levels of
exposure to workforce hazards on board ships and on the development andimplementation of ships’ occupational safety and health policies and programmes
which are applicable to Gibraltar ships;(b) having consulted shipowners’ and seafarers’ organisations and taking into accountapplicable codes, guidelines and standards recommended by internationalorganisations, national administrations and maritime industry organisations, issue
guidance for the management of occupational health and safety on board Gibraltar
ships.
(4) The Gibraltar Merchant Shipping (Accident Reporting and Investigation) Regulations
2012 apply to ships to which these Regulations apply.
Access to shore-based welfare facilities.
31. The Captain of the Port must−(a) ensure that shore-based facilities for seafarers in the Port of Gibraltar are easily
accessible by seafarers irrespective of nationality, race, colour, sex, religion,
political opinion or social origin and irrespective of the flag State of the ship on
which they are employed or engaged in work;(b) promote the development of welfare facilities for seafarers in the Port of Gibraltar;(c) encourage the establishment of welfare boards which regularly review welfare
facilities and services for seafarers in the Port of Gibraltar to ensure that they areappropriate in the light of changes in the needs of seafarers resulting fromtechnical, operational and other developments in the shipping industry.
Social Security.
32.(1) This regulation applies to−(a) a person who is domiciled or ordinarily resident in Gibraltar and is employed on
board a ship;(b) a person who is employed on or working on board a Gibraltar ship and is an EU
national, other than an EU national who is resident in a Member State in which the
shipowner of the ship (or, if he is employed by a person other than the shipowner,
his employer) has a registered office or place of business;© Government of Gibraltar (www.gibraltarlaws.gov.gi)
Page 46 of 83

Gibraltar Merchant Shipping (Safety, etc.)

1995-13Gibraltar Merchant Shipping (Maritime Labour
Convention) Regulations 20132013/120(c) a person who−(i)is employed on or working on board a Gibraltar ship,(ii)

is not domiciled in Gibraltar, ordinarily resident in Gibraltar or an EU
national, and(iii)

does not otherwise have access to social security provision, or to medicalcare when in Gibraltar, which satisfies the requirements of the MLC.

(2) Subject to subregulation (5), a person who is employed on board a Gibraltar ship mustbe treated as being in Insurable Employment for the purposes of the Social Security(Employment Injuries Insurance) Act.
(3) Subject to subregulation (5), a person who is employed on board a Gibraltar ship, and the
shipowner or employer of that person, are liable to pay contributions under the Social Security(Employment Injuries Insurance) Act as though that person were in employment in Gibraltar.
(4) Subject to subregulation (5), a person to whom this regulation applies must be treated asa person resident in Gibraltar for the purposes of Part 2 of Schedule 1 to the Gibraltar Medical(Group Practice Scheme) Regulations.
(5) Where the Maritime Administrator is satisfied that the requirements of the MLC or thecollective agreement; are met otherwise than through the application of subregulations (2) to(4) of this regulation, the Maritime Administrator may−(a) make a determination as to how this regulation or the provisions relating totreatment of contractual compensations under a collective agreement is to apply toa seafarer or particular description of seafarers;(b) exempt a seafarer or particular description of seafarers from the application of thisregulation or of part of this regulation.
(6) The Minister may, in order to progressively achieve comprehensive social security
protection for seafarers who are domiciled or resident in Gibraltar, and for seafarers on
Gibraltar ships make a determination extending the application of Gibraltar legislation on
medical care, sickness benefit, unemployment benefit, old-age benefit, employment injury
benefit, assistance in the event of abandonment family benefit, maternity benefit, invalidity
benefit and survivors’ benefit to such persons.
PART VA© Government of Gibraltar (www.gibraltarlaws.gov.gi)
Page 47 of 83

1995-13

Gibraltar Merchant Shipping (Safety, etc.)

2013/120

Gibraltar Merchant Shipping (Maritime Labour
Convention) Regulations 2013

SECURITY AGAINST SHIPOWNER’S LIABILITY FOR DEATH OR LONG TERMDISABILITY OF SEAFARERS.
Interpretation for Part VA
32A. In this Part“shipowner’s security document” has the meaning given in regulation 32G(6);“shipowner’s security” has the meaning given in regulation 32C.
Shipowner’s security requirement applicable to all ships.
32B.(1) No shipowner shall operate a ship to which these Regulations apply unless(a) a shipowner’s security is in force in relation to the ship; or(b) financial security to assure compensation in the event of death or long term
disability of seafarers due to occupational illness, injury or hazard is provided inrelation to the ship in accordance with paragraph 1 of Standard A4.2.1 and A4.2.2of the MLC.
(2) Where the shipowner contravenes sub-regulation (1) commits an offence and is liable onsummary conviction to a fine not exceeding level 4 on the standard scale.
(3) A shipowner’s security or a financial security system under this regulation must(a) not cease to operate before the end of the period of its validity unless its provider
has given prior notice of at least 30 days to the Minister;(b) provide for the payment of all contractual claims covered by it which arise during
the period for which the certificate or other documentary evidence of such financial
security is valid; and(c) provide direct access, sufficient coverage and expedited financial assistance toabandoned seafarers on a Gibraltar ship.
Meaning of “shipowner’s security”.
32C. In this Part, “shipowner’s security” means a contract of insurance or other form of
security relating to a ship that-© Government of Gibraltar (www.gibraltarlaws.gov.gi)
Page 48 of 83

Gibraltar Merchant Shipping (Safety, etc.)

1995-13Gibraltar Merchant Shipping (Maritime Labour
Convention) Regulations 20132013/120(a) provides financial assurance of an amount which the shipowner reasonably
considers adequate to ensure that the shipowner will be able to meet any liabilities
that the shipowner may have, including liabilities under seafarer employment
agreements, to provide compensation in the event of death or long term disability
arising from occupational injury, illness or hazard to seafarers whose normal placeof work is on board the ship; and(b) provides that(i)any such seafarer who suffers an occupational injury, illness or hazard-(aa)occurring during the period of validity of the shipowner’s security; and(bb)

causing long term disability; or(ii)where the occupational injury, illness or hazard causes the death of theseafarer, the seafarer’s personal representatives,

may submit a claim for compensation directly to the shipowner’s security provider in respectof the disability or, as the case may be, death of the seafarer.
Payment of contractual compensation.
32D.(1) This regulation applies where a claim for contractual compensation is submitted to ashipowner’s security provider.
(2) A shipowner’s security provider must pay the contractual compensation to the seafareror the seafarer’s personal representative within 7 days beginning with the date on which it isestablished that the shipowner is liable for the contractual compensation either(a) by agreement between(i)the shipowner’s security provider; and(ii)

the seafarer or the seafarer’s personal representative; or(b) if earlier, by order of a court or tribunal which is not subject to appeal.
(3) If sub-regulation (2) is not complied with, the shipowner’s security provider must pay tothe seafarer, or the seafarer’s personal representative, interest on the unpaid amount at the rateof 20% per year beginning with the date that the shipowner’s security provider became
satisfied that the shipowner is so liable.
© Government of Gibraltar (www.gibraltarlaws.gov.gi)
Page 49 of 83

1995-13

Gibraltar Merchant Shipping (Safety, etc.)

2013/120

Gibraltar Merchant Shipping (Maritime Labour
Convention) Regulations 2013(3A) For the purposes of payment of contractual claims or compensation, the financial
security must meet the following minimum requirements(a) the contractual claim or the compensation, where set out in the seafarer's
employment agreement and without prejudice of this sub-regulation, must be paidin full and without delay;(b) there shall be no pressure to accept a payment less than the contractual amount;(c) where the nature of the long-term disability of a seafarer makes it difficult to assess
the full compensation to which the seafarer may be entitled, an interim payment or
payments must be made to the seafarer so as to avoid undue hardship;(d) the seafarer must receive payment without prejudice to other legal rights, but suchpayment may be offset by the Shipowner against any damages resulting from anyother claim made by the seafarer against the Shipowner and arising from the same
incident; and(e) the claim for contractual compensation may be brought directly by the seafarer
concerned, or their next of kin, or a representative of the seafarer or designatedbeneficiary.
(4) In this regulation, “claim for contractual compensation” means a claim for compensationin the event of death or long term disability of a seafarer arising from occupational injury,
illness or hazard where the compensation payable in respect of the claim is set out in theseafarer’s seafarer employment agreement, and “contractual compensation” is to be construed
accordingly.
Interim payments.
32E.(1) A seafarer is entitled to a payment (an “interim payment”) from a shipowner’s security
provider if the following conditions are satisfied(a) the shipowner is liable to pay compensation to the seafarer due to the seafarer
having sustained a long-term disability as a result of an occupational injury, illnessor hazard;(b) the occupational injury, illness or hazard(i)has occurred during the period of validity of the Shipowner’s security, and© Government of Gibraltar (www.gibraltarlaws.gov.gi)
Page 50 of 83

Gibraltar Merchant Shipping (Safety, etc.)

1995-13Gibraltar Merchant Shipping (Maritime Labour
Convention) Regulations 20132013/120(ii)

the nature of it has made the assessment of full compensation difficult;(c) the shipowner’s security provides financial assurance in respect of thecompensation mentioned in paragraph (a);(d) the full amount of compensation payable has not yet been determined; and(e) the seafarer is suffering hardship.
(2) A seafarer entitled under sub-regulation (1) may make a request for an interim payment
to the shipowner’s security provider.
(3) A request under sub-regulation (2) must be supported by evidence that the seafarer
satisfies the conditions specified in sub-regulation (1).
(4) A shipowner’s security provider must within 14 days of receipt of the request from theseafarer determine whether the conditions in sub-regulation (1) are satisfied.
(5) If, in contravention of sub-regulation (4), a shipowner’s security provider does notdetermine whether the conditions in sub-regulation (1) are satisfied, it must make an interim
payment within 21 days of the receipt of the request from the seafarer.
(6) Where a shipowner’s security provider determines that the conditions in sub-regulation(1) are satisfied, it must make the interim payment within 21 days of the receipt of the requestfrom the seafarer.
(7) The minimum amount of an interim payment is(a) where an amount in respect of any part of the claim has been determined andpayment of that amount would be sufficient to alleviate the seafarer’s hardship, theamount so determined; or(b) where no amount in respect of any part of the claim has been determined, or theamount which has been determined is not sufficient to alleviate the seafarer’s
hardship, the lower of(i)such amount as would alleviate the seafarer’s hardship; and(ii)

75% of the likely total amount of compensation payable in respect of theclaim as estimated by the shipowner’s security provider.

© Government of Gibraltar (www.gibraltarlaws.gov.gi)
Page 51 of 83

1995-13

Gibraltar Merchant Shipping (Safety, etc.)

2013/120

Gibraltar Merchant Shipping (Maritime Labour
Convention) Regulations 2013

(8) Where, in contravention of sub-regulation (5) or (6), a shipowner’s security provider does
not make an interim payment, the shipowner’s security provider must pay interest on theunpaid amount at a rate of 20% per year from the date of receipt of the request from theseafarer.
(9) A shipowner’s security provider who makes an interim payment may deduct the amountof the interim payment from the full amount of compensation payable in respect of the
shipowner’s liability.
(10) A shipowner’s security provider who(a) has made an interim payment under sub-regulation (5); and(b) subsequently determines that the conditions in sub-regulation (1) were notsatisfied,may recover as a civil debt the amount of the interim payment less any interest payable under
sub-regulation (8).
(11) A shipowner’s security provider may recover as a civil debt any proportion of an interim
payment which exceeds the full amount of compensation payable in respect of a claim.
(12) Notwithstanding that a seafarer shall receive payment under this regulation andregulation 32D without prejudice to other legal rights, such payment may be offset by the
shipowner against any damages resulting from any other claim made by the seafarer against
the shipowner and arising from the same incident.
Offence of undue pressure.
32F. A person is guilty of an offence if that person induces another to accept less than the fullamount of compensation payable, as set out in a seafarer’s seafarer employment agreement, inrespect of the death or long term disability of a seafarer due to occupational injury, illness or
hazard.
Duty to carry and display shipowner’s security document.
32G.(1) The shipowner must ensure that for each shipowner’s security in force in relation to
the ship, a shipowner’s security document containing the information specified in subregulation (7) is carried on board.
(2) The shipowner must ensure that each shipowner’s security document that relates to theship and is not in English, has with it an English translation.
© Government of Gibraltar (www.gibraltarlaws.gov.gi)
Page 52 of 83

Gibraltar Merchant Shipping (Safety, etc.)

1995-13Gibraltar Merchant Shipping (Maritime Labour
Convention) Regulations 20132013/120(3) Where the shipowner contravenes sub-regulation (1) or (2) commits an offence and isliable on summary conviction to a fine not exceeding level 4 on the standard scale.
(4) The shipowner and master of the ship must ensure that each shipowner’s security
document that relates to the ship, together with any English translation, is displayed in aconspicuous place on board ship.
(5) A breach of sub-regulation (4) is an offence by the shipowner and the master of the ship.
(6) In this regulation, “shipowner’s security document” means a certificate or otherdocumentary evidence of shipowner’s security issued by the shipowner’s security provider.
(7) The following information must be included in a shipowner’s security document(a) the name of the ship to which the shipowner’s security relates;(b) port of registry of the ship;(c) the call sign of the ship;(d) the International Maritime Organisation number of the ship;(e) the name and address of the shipowner’s security provider;(f) the contact details of the person or entity at the shipowner’s security provider
responsible for handling claims made by seafarers;(g) the name of the shipowner;(h) the period of validity of the shipowner’s security; and(i) a declaration from the shipowner’s security provider that the shipowner’s security
meets the requirements of standard A4.2.1 of the MLC.
Termination of shipowner’s security on notice to the Minister.
32H.(1) The termination of a shipowner’s security before the end of its period of validity iseffective only if at least 30 days’ notice is given to the Minister by the shipowner’s security
provider the security.
(2) A notice given under sub-regulation (1) must© Government of Gibraltar (www.gibraltarlaws.gov.gi)
Page 53 of 83

1995-13

Gibraltar Merchant Shipping (Safety, etc.)

2013/120

Gibraltar Merchant Shipping (Maritime Labour
Convention) Regulations 2013(a) be in writing; and(b) include a copy of the shipowner’s security document.
Duty on shipowner’s security provider to notify the Minister where a shipowner’s
security has been terminated.
32I.(1) If a shipowner’s security is terminated, the shipowner’s security provider must givenotice in writing to that effect to the Minister.
(2) A notice under sub-regulation (1) must include with it a copy of the shipowner’s security
document.
(3) Failure to give notice under sub-regulation (1) within the period of 30 days beginningwith the date on which the shipowner’s security was terminated is an offence by the
shipowner’s security provider.
Duty on shipowner to notify seafarers if shipowner’s security is to be terminated.
32J.(1) Where the shipowner becomes aware that any shipowner’s security that relates to aship is to be, or has been, terminated before the end of its period of validity, the shipownermust give notice in writing to that effect to all seafarers who work on the ship during thenotification period.
(2) A notice under sub-regulation (1) must(a) state the date on which the shipowner’s security is to be or was terminated; and(b) be given as soon as reasonably practicable after the shipowner becomes aware thatthe shipowner’s security is to be or was terminated.
(3) A breach of sub-regulation (1) is an offence by the shipowner.
(4) In this regulation, the “notification period” means(a) the period beginning with the date on which the shipowner becomes aware that the
shipowner’s security is to be, or has been, terminated before the end of its periodof validity; and(b) ending with on the date that the shipowner becomes aware that the shipowner’s
security has been replaced or reinstated.
© Government of Gibraltar (www.gibraltarlaws.gov.gi)
Page 54 of 83

Gibraltar Merchant Shipping (Safety, etc.)

1995-13Gibraltar Merchant Shipping (Maritime Labour
Convention) Regulations 20132013/120PART VBSECURITY AGAINST THE ABANDONMENT OF SEAFARERS
Interpretation for Part VB.
32K. In this Part“abandonment period” has the meaning given by regulation 32L(3);“abandonment security” has the meaning given by regulation 32N(1).
Abandonment.
32L.(1) A seafarer is “abandoned” in relation to a ship if at any time the shipowner(a) fails to ensure the seafarers’ right to repatriation required under regulation 19;(b) having regard to the seafarer’s personal circumstances and requirements, leaves
the seafarer without necessary maintenance and support, including leaving theseafarer without(i)adequate food;(ii)

drinking water supplies;(iii)

accommodation;(iv)

essential fuel for survival on board the ship; or(v)

necessary medical care; or(c) otherwise unilaterally severs ties with the seafarer, including failing to pay any
amount in respect of wages payable to the seafarer under his or her seafarer
employment agreement for a period of at least two months.
(1A) A seafarer shall be deemed to have been abandoned if, in breach of any of therequirements of the collective agreement or the seafarer’s employment agreement, theshipowner(a) fails to cover the cost of the seafarer’s repatriation;© Government of Gibraltar (www.gibraltarlaws.gov.gi)
Page 55 of 83

1995-13

Gibraltar Merchant Shipping (Safety, etc.)

2013/120

Gibraltar Merchant Shipping (Maritime Labour
Convention) Regulations 2013(b) has left the seafarer without necessary maintenance and support; or(c) has otherwise unilaterally severed their ties with the seafarer including the failure
to pay contractual wages for period of at least 2 months.
(1B) For the purposes of sub-regulation (1A), necessary maintenance and support of theseafarers must include(a) adequate food;(b) accommodation;(c) drinking water supplies;(d) essential fuel for survival on board the ship; and(e) necessary medical care.
(2) An abandoned seafarer ceases to be abandoned in relation to a ship if, after the end of theabandonment period, the seafarer continues, resumes or takes up new employment on board
the ship or is engaged on board the ship.
(3) The “abandonment period” begins when the seafarer is abandoned and ends with theearliest of the following events(a) the seafarer’s arrival in or at(i)the seafarer’s country of residence;(ii)

the destination provided in the seafarer’s seafarer employment agreement
as being that to which the seafarer should be returned in the event that theseafarer is repatriated, or(iii)such place as the seafarer has agreed in advance with-(aa)

the abandonment security provider, or(bb)

any person who has made provision for the seafarer’s repatriation;(b) the seafarer refusing unreasonably to be repatriated, or toarrangements made for the seafarer’s repatriation;

co-operate with© Government of Gibraltar (www.gibraltarlaws.gov.gi)
Page 56 of 83

Gibraltar Merchant Shipping (Safety, etc.)

1995-13Gibraltar Merchant Shipping (Maritime Labour
Convention) Regulations 20132013/120(c) the expiry of a period of 3 months during which the abandonment security provider
has used reasonable endeavours to contact the seafarer but has been unable to makesuch contact;(d) the abandonment security provider receives written confirmation from the seafarerthat financial assistance is no longer required; or(e) the death of the seafarer.
Abandonment security requirement applicable to all ships.
32M.(1) A ship to which these Regulations apply must not be operated unless(a) an abandonment security is in force in relation to the ship; or(b) financial security is in place for the ship in accordance with paragraph 3 of standard
A2.5.2 of the MLC (financial security for abandoned seafarers).
(2) Where the shipowner contravenes sub-regulation (1) that shipowner commits an offence
and is liable on summary conviction to a fine not exceeding level 4 on the standard scale.
Abandonment security.
32N.(1) In this Part, “abandonment security” means a contract of insurance or other form of
security relating to a ship that(a) provides financial assurance of an amount which the shipowner reasonably
considers adequate to cover the items specified in sub-regulation (2)(a) to (d) for
any seafarer who is abandoned in relation to the ship; and(b) provides that any seafarer who is abandoned in relation to the ship is entitled to(i)make an abandonment claim; and(ii)

receive financial assistance in respect of the items specified in subregulation (2)(a) to (d).

(1A) Any financial assistance provided by the financial security system must be granted
promptly upon request made by the seafarer or the seafarer’s nominated representative andsupported by the necessary justification of entitlement under this Part.
(2) The items referred to in sub-regulation (1)(a) are© Government of Gibraltar (www.gibraltarlaws.gov.gi)
Page 57 of 83

1995-13

Gibraltar Merchant Shipping (Safety, etc.)

2013/120

Gibraltar Merchant Shipping (Maritime Labour
Convention) Regulations 2013(a) up to four months’ unpaid wages relating to periods occurring before the end of
the abandonment period;(b) the cost during the abandonment period of(i)adequate food;(ii)

drinking water supplies;(iii)

clothing, where necessary;(iv)

accommodation;(v)

essential fuel for survival on board the ship;(vi)

necessary medical care;(c) the cost of repatriation, including(i)the cost of appropriate travel arrangements and any related costs ofpassage, but this may be limited to travel or passage that is completed
before the seafarer ceases to be abandoned; and(iii)

the cost of transport of the seafarer’s personal effects; and(d) all other expenses reasonably incurred by the seafarer before the end of theabandonment period as a result of being abandoned.
(2A) The cost of repatriation under this Part must cover travel by appropriate and expeditious
means, normally by air, and include provision for food and accommodation of the seafarerfrom the time of leaving the ship until arrival at the seafarer's home, necessary medical care,passage and transport of personal effects and any other reasonable costs or charges arisingfrom the abandonment.
(3) In this regulation“abandonment claim” is a claim for financial assistance that(a) is submitted directly to the abandonment security provider by(i)an abandoned seafarer; or© Government of Gibraltar (www.gibraltarlaws.gov.gi)
Page 58 of 83

Gibraltar Merchant Shipping (Safety, etc.)

1995-13Gibraltar Merchant Shipping (Maritime Labour
Convention) Regulations 20132013/120(ii)

a person authorised by the seafarer to act on the seafarer’s behalf; and(b) is supported by evidence showing that the seafarer is abandoned;“abandonment period” has the meaning given in regulation 32L(3).
Consideration and payment of abandonment claims.
32O.(1) This regulation applies where an abandonment claim is made.
(2) The abandonment security provider to whom the abandonment claim is made must within
7 days of receipt of the claim determine whether the seafarer is entitled to receive financial
assistance.
(3) An abandonment security provider who determines that a seafarer is entitled to receive
financial assistance, whether in relation to the whole or any part of an abandonment claim,
must within 14 days of receipt of the claim provide such assistance, whether or not there arefurther parts of the claim yet to be determined.
(4) An abandonment security provider who in contravention of sub-regulation (2) fails todetermine whether a seafarer is entitled to receive financial assistance in relation to the wholeor part of an abandonment claim must within 14 days of receipt of the claim provide financial
assistance in the amount claimed by the seafarer.
(5) Where, in contravention of sub-regulation (3) or (4) financial assistance is not provided,
the abandonment security provider must pay interest on the unpaid amount at the rate of 20%
per year from the date of receipt of the claim.
(6) An abandonment security provider who(a) has provided financial assistance to a seafarer under sub-regulation (3); and(b) subsequently determines that the seafarer was not entitled to receive the financial
assistance,
may recover as a civil debt the amount of the financial assistance less any interest payable
under sub-regulation (5).
(7) In this regulation “abandonment claim” has the meaning given in regulation 32N(3).
Subrogation.
© Government of Gibraltar (www.gibraltarlaws.gov.gi)
Page 59 of 83

1995-13

Gibraltar Merchant Shipping (Safety, etc.)

2013/120

Gibraltar Merchant Shipping (Maritime Labour
Convention) Regulations 2013

32P.(1) Sub-regulation (2) applies where an abandonment security provider provides financial
assistance (“the sum provided”) to a seafarer under an abandonment security.
(2) Any rights which a seafarer has, or but for the payment of that sum would have had,against the shipowner as a result of being abandoned are, with respect to the sum provided,transferred to and vested in the abandonment security provider.
Duty to carry and display an abandonment security document.
32Q.(1) The shipowner must ensure that an abandonment security document containing theinformation specified in sub-regulation (7) for each abandonment security in force in relation
to the ship is carried on board.
(1A) Where more than one financial security provider provides cover under this Part, theabandonment security document provided by each provider shall be carried on board.
(2) The shipowner must ensure that(a) each abandonment security document that relates to the ship and is not in English,
has with it an English translation; and(b) a copy of the abandonment security document referred to in sub-regulation (1) isposted in a conspicuous place on board where it is available to the seafarers.
(3) Where the shipowner contravenes sub-regulation (1) or that shipowner commits anoffence and is liable on summary conviction to a fine not exceeding level 4 on the standard
scale.
(4) The shipowner and the master of a ship must ensure that each abandonment security
document that relates to the ship, together with any English translation, is displayed in aconspicuous place on board ship.
(5) Where the shipowner and the master of the ship contravene
sub-regulation (1)that shipowner and the master of the ship both commit an offence and are liable on summaryconviction to a fine not exceeding level 4 on the standard scale.
(6) In this Part “abandonment security document” means a certificate or other documentary
evidence of abandonment security issued by the abandonment security provider.
(7) The following information must be included in an abandonment security document-© Government of Gibraltar (www.gibraltarlaws.gov.gi)
Page 60 of 83

Gibraltar Merchant Shipping (Safety, etc.)

1995-13Gibraltar Merchant Shipping (Maritime Labour
Convention) Regulations 20132013/120(a) the name of the ship to which the abandonment security relates;(b) the port of registry of the ship;(c) the call sign of the ship;(d) the International Maritime Organisation number of the ship;(e) the name and address of the abandonment security provider;(f) the contact details of the person or entity at the abandonment security provider
responsible for handling seafarers’ abandonment claims;(g) the name of the shipowner;(h) the period of validity of the abandonment security; and(i) a declaration from the abandonment security provider that the abandonment
security meets the requirements of standard A2.5.2 of the MLC.”.
Termination of abandonment security effective only where notice given.
32R.(1) The termination of an abandonment security before the end of its period of validity iseffective only if the abandonment security provider gives at least 30 days’ notice is given to
the Minister.
(2) A notice given under sub-regulation (1) must(a) be in writing; and(b) include a copy of the abandonment security document.
(3) “Abandonment security document” has the meaning given in regulation 32Q(6).
Duty on shipowner to notify seafarers if abandonment security is to be terminated.
32S.(1) Where the shipowner becomes aware that any abandonment security that relates to aship is to be, or has been, terminated before the end of its period of validity, the shipownermust give notice in writing to that effect to all seafarers who work on the ship during thenotification period.
(2) A notice under sub-regulation (1) must© Government of Gibraltar (www.gibraltarlaws.gov.gi)
Page 61 of 83

1995-13

Gibraltar Merchant Shipping (Safety, etc.)

2013/120

Gibraltar Merchant Shipping (Maritime Labour
Convention) Regulations 2013(a) state the date on which the abandonment security is to be or was terminated; and(b) be given as soon as reasonably practicable after the shipowner becomes aware thatthe abandonment security is to be or was terminated.
(3) Where the shipowner contravenes sub-regulation (1) that shipowner commits an offence
and is liable on summary conviction to a fine not exceeding level 4 on the standard scale.
(4) In this regulation, the “notification period” means(a) the period beginning with the date on which the shipowner becomes aware that theabandonment security is to be, or has been, terminated before the end of its periodof validity; and(b) ending with on the date that the shipowner becomes aware that the abandonment
security has been replaced or reinstated.
Savings and adjustments.
32T (1) The provisions of this Part must not(a) prejudice any right of recourse of the insurer or provider of financial security
against third parties; and(b) be intended to be exclusive or to prejudice any other rights, claims or remedies that
may also be available to compensate seafarers who are abandoned.
(2) Any amounts payable by the provider under this Part can be offset against amounts received
the seafarer from other sources arising from any rights, claims or remedies that may be the subjectof compensation under this Part.
PART VI
INSPECTION AND CERTIFICATION
Inspection of Gibraltar ships.
33.(1) This regulation applies to–(a) a Gibraltar ship of 500 gross tonnage or over which is engaged in international
voyages or is operating from a port in a country other than Gibraltar; and© Government of Gibraltar (www.gibraltarlaws.gov.gi)
Page 62 of 83

Gibraltar Merchant Shipping (Safety, etc.)

1995-13Gibraltar Merchant Shipping (Maritime Labour
Convention) Regulations 20132013/120(b) at the request of the shipowner, to any other Gibraltar ship.
(2) A ship to which this regulation applies is subject to the following inspections−(a) before a Maritime Labour Certificate is first issued in relation to the ship, an initial
MLC inspection;(b) within five years of the first issue of a Maritime Labour Certificate, and thereafter
at intervals which must be no more than five years, a renewal MLC inspection;(c) between the second and third anniversary dates of a Maritime Labour Certificate
being issued, an intermediate MLC inspection.
(3) In this Part of these Regulations−“initial MLC inspection” means an inspection by which a certifying authority ascertains
whether the ship meets the standards of the MLC Convention, of Directive
1999/63/EC and of Directive 2009/13/EC;“renewal MLC inspection” means an inspection by which a certifying authority ascertains
whether the ship continues to meet the standards of the MLC Convention, of Directive
1999/63/EC and of Directive 2009/13/EC;“intermediate MLC inspection” means an inspection by which a certifying authority
ascertains whether the ship continues to meet the standards of the MLC Convention,of Directive 1999/63/EC and of Directive 2009/13/EC.
Issue of Maritime Labour Certificates to Gibraltar ships.
34.(1) Where−(a) a certifying authority is satisfied after the completion of an initial or renewal MLC
inspection of the crew accommodation of a Gibraltar ship that the standards ofregulations 23 and 24 are being complied with; and(b) the Maritime Administrator is satisfied after the completion of an initial or renewal
MLC inspection of a Gibraltar ship other than the crew accommodation that thestandards of these Regulations other than regulations 23 and 24, and the standardsof Directive 1999/63/EC and of Directive 2009/13/EC are being complied with,
the Maritime Administrator must issue a Maritime Labour Certificate.
© Government of Gibraltar (www.gibraltarlaws.gov.gi)
Page 63 of 83

1995-13

Gibraltar Merchant Shipping (Safety, etc.)

2013/120

Gibraltar Merchant Shipping (Maritime Labour
Convention) Regulations 2013

(2) Where−(a) a certifying authority is satisfied after the completion of an intermediate MLC
inspection of the crew accommodation of a Gibraltar ship that the standards ofregulations 23 and 24 are being complied with; and(b) the Maritime Administrator is satisfied after the completion of an intermediate
MLC inspection of a Gibraltar ship other than the crew accommodation that thestandards of these Regulations other than regulations 23 and 24, and the standardsof Directive 1999/63/EC and of Directive 2009/13/EC are being complied with’
the Maritime Administrator must so endorse the Maritime Labour Certificate.
(3) If any ship which was previously under the flag of another State becomes a Gibraltar
ship, the Maritime Administrator must issue a Maritime Labour Certificate only if fully
satisfied that the ship is in compliance with the standards of the MLC, of Directive 1999/63/EC
and of Directive 2009/13/EC.
(4) The Maritime Administrator may authorise another certifying authority to carry out an
initial, renewal or intermediate MLC inspection of a Gibraltar ship as respects the standards ofthese Regulations other than regulations 23 and 24 and the standards of Directive 1999/63/EC
and the standards of Directive 2009/13/EC.
(5) Where a certifying authority is satisfied, after the completion of an inspection which it isauthorised under subregulation (4) to carry out, that the standards of these Regulations, ofDirective 1999/63/EC and of Directive 2009/13/EC are being complied with, that certifying
authority must issue or endorse (as appropriate) a Maritime Labour Certificate.
(6) An authorisation of another certifying authority by the Maritime Administrator undersubregulation (4) may be an authorisation as respects a particular Gibraltar ship, Gibraltar ships
of a particular description or Gibraltar ships in general.
Inspection and certification of Gibraltar ships by Governments of other States.
35.(1) The Maritime Administrator may, through a proper officer or otherwise, request theGovernment of an MLC State to carry out an initial, renewal or intermediate MLC inspectionof a Gibraltar ship to which regulation 33 applies and, if fully satisfied that the ship is incompliance with the standards of the MLC, of Directive 1999/63/EC and of Directive
2009/13/EC−© Government of Gibraltar (www.gibraltarlaws.gov.gi)
Page 64 of 83

Gibraltar Merchant Shipping (Safety, etc.)

1995-13Gibraltar Merchant Shipping (Maritime Labour
Convention) Regulations 20132013/120(a) to issue or authorise the issue of a Maritime Labour Certificate to the ship, or toendorse or authorise the endorsement of that Certificate, in accordance with therequirements of the MLC;(b) to include in the Certificate a statement to the effect that it has been issued at therequest of the Maritime Administrator; and(c) to transmit a copy of the MLC survey report and the Certificate to the Maritime
Administrator as soon as possible.
(2) A Certificate issued or endorsed in accordance with subregulation (1) must have the sameforce and receive the same recognition as a Certificate issued or endorsed by the Maritime
Administrator or by a certifying authority authorised by the Maritime Administrator.
Interim Maritime Labour Certificates for Gibraltar ships.
36.(1) This regulation applies where−(a) a ship to which regulation 33 applies is first registered;(b) a ship to which regulation 33 applies is first registered as a Gibraltar ship; or(c) the person who was the owner of a ship to which regulation 33 applies on the datea valid Maritime Labour Certificate was issued in respect of that ship ceases to be
the owner of that ship,and no interim Maritime Labour Certificate has previously been issued in relation to that ship
without a valid Maritime Labour Certificate having been issued to that ship after the interim
Maritime Labour Certificate was so issued.
(2) Where a certifying authority or (where requested by the Maritime Administrator) the
Government of an MLC State has verified that−(a) a ship has been inspected, so far as reasonable and practicable;(b) the owner of the ship has demonstrated that the ship has adequate procedures tocomply with the requirements of these Regulations;(c) the master of the ship is familiar with the requirements of the MLC and the
responsibilities for its implementation; and© Government of Gibraltar (www.gibraltarlaws.gov.gi)
Page 65 of 83

1995-13

Gibraltar Merchant Shipping (Safety, etc.)

2013/120

Gibraltar Merchant Shipping (Maritime Labour
Convention) Regulations 2013(d) the Maritime Administrator or the Government of the MLC State has theinformation which would be necessary for it to produce Part 1 of a Declaration of
Maritime Labour Compliance as respects the ship,
the Maritime Administrator, MLC State or certifying authority may issue an interim Maritime
Labour Certificate.
(3) An interim Maritime Labour Certificate may be issued for a period not exceeding six
months.
Inspection and certification of non-Gibraltar ships by the Maritime Administrator.
37.(1) The Maritime Administrator may, at the request of an MLC State, inspect a ship
registered in that State and, if satisfied that the standards of the MLC (and, if that MLC Stateis a member State of the European Union, the requirements of Directive 1999/63/EC and
Directive 2009/13/EC) as implemented by that MLC State are complied with−(a) issue as respects the ship a Maritime Labour Certificate or endorse such acertificate; or(b) issue as respects the ship an interim Maritime Labour Certificate, or endorse sucha certificate.
(2) The Maritime Administrator must include or have included in any Certificate issued or
endorsed in accordance with subregulation (1) a statement to the effect that it has been issued
or endorsed at the request of the MLC State in which the ship is registered, and must transmit
a copy of the survey report and the Certificate to that State as soon as possible.
(3) A Certificate issued or endorsed in accordance with subregulation (1) has effect as if
issued or endorsed by the State which requested the survey of the ship to be carried out.
Duration and validity of Maritime Labour Certificates.
38.(1) Subject to subregulation (2) below, the Maritime Administrator, a certifying authority
authorised by the Maritime Administrator or an MLC State issuing a Maritime Labour
Certificate in accordance with these Regulations must issue that certificate−(a) on the date of the MLC inspection;(b) as being valid from the date of issue; and(c) for a period of validity not exceeding five years.
© Government of Gibraltar (www.gibraltarlaws.gov.gi)
Page 66 of 83

Gibraltar Merchant Shipping (Safety, etc.)

1995-13Gibraltar Merchant Shipping (Maritime Labour
Convention) Regulations 20132013/120(2) Notwithstanding sub-regulation (1)(c), where a renewal MLC inspection has been
completed(a) within a period of three months before the expiry of a Maritime Labour Certificate,
the new Maritime Labour Certificate must be issued as being valid from the dateof completion of the renewal MLC inspection for a period not exceeding five years
from the date of expiry of the existing certificate; and(b) more than three months before the expiry date of the existing Maritime Labour
Certificate, the new Maritime Labour Certificate shall be valid for a period notexceeding five years starting from the date of completion of the MLC renewal
inspection.
(2A) Notwithstanding sub-regulation (1)(c), where, after a renewal MLC inspection
completed prior to the expiry of a Maritime Labour Certificate, the ship is found to continue
to meet the requirements of these Regulations, but a new certificate cannot immediately be
issued to and made available on board that ship, the Maritime Administrator may(a) extend the validity of the certificate for a further period not exceeding five months
from the expiry date of the existing certificate; and(b) endorse the certificate accordingly.
(2B) The new certificate shall be valid for a period not exceeding five years starting fromthe date provided for in sub-regulation (2)..
(3) A Maritime Labour Certificate or interim Maritime Labour Certificate issued to a
Gibraltar ship ceases to be valid−(a) as respects a ship to which regulation 33 applies, if an intermediate MLC
inspection has not been completed within the period specified in regulation
33(2)(c) and the Certificate endorsed in accordance with regulation 34(2);(b) upon transfer of the ship to the flag of another State;(c) when the person who was the shipowner on the date the Certificate was issued
ceases to be the shipowner;(d) if substantial changes are made to the ship’s accommodation or recreational
facilities for seafarers or its food and catering facilities; or© Government of Gibraltar (www.gibraltarlaws.gov.gi)
Page 67 of 83

1995-13

Gibraltar Merchant Shipping (Safety, etc.)

2013/120

Gibraltar Merchant Shipping (Maritime Labour
Convention) Regulations 2013(e) the ship’s accommodation or recreational facilities for seafarers or the ship’s foodand catering facilities have sustained damage or otherwise become deficient andthat damage or deficiency has not been rectified.
(4) The Maritime Administrator may cancel a Maritime Labour Certificate or interim
Maritime Labour Certificate issued to a Gibraltar ship where the Maritime Administrator has
reason to believe that the certificate was issued on false or erroneous information, and may
require such a certificate to be surrendered as directed.
(5) Where−(a) a Maritime Labour Certificate or interim Maritime Labour Certificate has been
issued to a Gibraltar ship and has not expired; and(b) the Maritime Administrator has determined that there is clear evidence that theship does not comply with the requirements of the MLC and that the failure of theship to comply endangers the safety of the ship or its crew,
the Maritime Administrator may suspend the validity of the Maritime Labour Certificate orinterim Maritime Labour Certificate, must give notice of any such suspension to the ownerand the master of the ship, and may require the Certificate which has been so suspended to be
surrendered as directed.
Declaration of Maritime Labour Compliance.
39.(1) The owner of a ship which is subject to an inspection in accordance with regulation 33,
35 or 36 must−(a) provide to the person undertaking the inspection the information necessary for that
person to draw up Part 1 of a Declaration of Maritime Labour Compliance as
respects the ship; and(b) draw up Part 2 of a Declaration of Maritime Labour Compliance as respects theship.
(2) Where the person undertaking the inspection of a ship has been provided with information
and with Part 2 of a Declaration of Maritime Labour Compliance as required by subregulation(1), that person must−(a) draw up Part 1 of a Declaration of Maritime Labour Compliance;(b) certify Part 2 of the Declaration of Maritime Labour Compliance; and© Government of Gibraltar (www.gibraltarlaws.gov.gi)
Page 68 of 83

Gibraltar Merchant Shipping (Safety, etc.)

1995-13Gibraltar Merchant Shipping (Maritime Labour
Convention) Regulations 20132013/120(c) issue Part 1 and Part 2 of the Declaration of Maritime Labour Compliance.
(3) In subregulations (1) and (2) “the person undertaking the inspection of the ship” means−(a) where an inspection of the ship has been undertaken by the Maritime
Administrator, the Maritime Administrator;(b) where an inspection of the ship has been undertaken by another certifying authority
authorised by the Maritime Administrator under regulation 34(4), that certifying
authority;(c) where an inspection has been undertaken by an MLC State following a request by
the Maritime Administrator under regulation 35, that MLC State.
(4) A person drawing up Part I of a Declaration of Maritime Labour Compliance andcertifying Part 2 of a Declaration of Maritime Labour Compliance must attach that Part I andPart 2 to the ship’s Maritime Labour Certificate.
(5) A person carrying out any MLC inspection or any verification of the compliance of aship with the MLC, must record the results of that MLC inspection or verification in Part 1 of
the Declaration of Maritime Labour Compliance for that ship or otherwise make that
information available to seafarers on the ship, inspectors and shipowners’ and seafarers’
representatives.
Appeals.
40.(1) In the case of any dispute or complaint with regard to any decision made by the
Maritime Administrator in carrying out his duties under these Regulations, a shipowner may,within 7 days, make an appeal to the Minister with responsibility for the port and shipping andthe Minister shalldispose of the appeal as soon as possible in writing by giving reasons for his decision.
(2) On an appeal under subregulation (1), the Minister must either−(a) confirm the decision made by the Maritime Administrator or confirm it with suchmodifications as he thinks fit; or(b) cancel it.
(3) A second appeal may be made to the Supreme Court and only on a point of law.

© Government of Gibraltar (www.gibraltarlaws.gov.gi)
Page 69 of 83

1995-13

Gibraltar Merchant Shipping (Safety, etc.)

2013/120

Gibraltar Merchant Shipping (Maritime Labour
Convention) Regulations 2013

(4) An appeal under subregulation (3) must be made within 21 days from the decision madeby the Minister under subregulation (1) and the Court shall give an expedited hearing to thatappeal.
(5) An appeal to the Minister or to the Court does not suspend the operation of a notice ofdetention of a ship.
Documents to be carried on board Gibraltar ships.
41.(1) The shipowner and the master of a Gibraltar ship must ensure that there is carried on
board a ship at all times a copy of the MLC.
(2) The shipowner and master of a ship to which a Maritime Labour Certificate or interim
Maritime Labour Certificate has been issued and has not expired must ensure that the following
documents are carried on board the ship and posted in a conspicuous place on board where
they are available to seafarers−(a) the Maritime Labour Certificate or interim Maritime Labour Certificate for theship;(b) if the ship has a Maritime Labour Certificate, Parts 1 and 2 of the Declaration of
Maritime Labour Compliance.
(3) The shipowner and the master of a ship must make the documents referred to in
subregulations (1) and (2) available, upon request, to seafarers on the ship, to inspectors, andto shipowners’ and seafarers’ representatives.
On-board and on-shore complaint procedure for Gibraltar ships.
42.(1) The shipowner and the master of a Gibraltar ship must ensure that there is available toa seafarer on that ship a procedure to lodge a complaint alleging a breach of the requirementsof the MLC and for that complaint to be resolved fairly, effectively and expeditiously.
(2) A procedure to lodge a complaint and have it resolved must−(a) seek to resolve the complaint at the lowest level possible;(b) enable a seafarer to complain directly to the master of the ship; and(c) include the right of the seafarer to be accompanied or represented during any
hearing which takes place under that procedure.

© Government of Gibraltar (www.gibraltarlaws.gov.gi)
Page 70 of 83

Gibraltar Merchant Shipping (Safety, etc.)

1995-13Gibraltar Merchant Shipping (Maritime Labour
Convention) Regulations 20132013/120(3) The owner and master of a ship must ensure that a seafarer is provided with−(a) a copy of the complaint procedure which is available to the seafarer in accordancewith subregulation (1);(b) contact information for the certifying authority for the ship;(c) contact information for authority which is the competent authority for theinspection and enforcement of the MLC in the seafarer’s country of residence; and(d) the name of a person or persons on board the ship who can, on a confidential basis,
provide the seafarer with impartial advice on their complaint and otherwise assist
them in following the complaint procedure.
(4) A seafarer on a ship may lodge with the Maritime Administrator a complaint alleging abreach of the requirements of the MLC, and the Maritime Administrator must treat the sourceof any such complaint as confidential.
(5) The owner and master of a ship must ensure that a seafarer is not subjected to any
detriment on the grounds that the seafarer has lodged a complaint, whether through an onboard procedure or to the Maritime Administrator, alleging a breach of the requirements of the
MLC.
Documentation and complaint procedure requirements for MLC ships.
43.(1) An MLC ship of 500 gross tonnage or over and an MLC ship to which Regulation 5.1of the MLC is applied at the request of the shipowner to the MLC State whose flag the ship
flies must comply with the following requirements of the Maritime Labour Convention−(a) Standard A5.1.1 paragraph 2 (requirement to have copy of MLC on board);(b) Regulation 5.1.3 paragraphs 3 and 4 and Standard A5.1.3 paragraph 12 (Maritime
Labour Convention Certificate and Declaration of Maritime Labour Complianceto be carried on board ship);(c) Regulation 5.1.5 and Standard A5.1.5 (On-board complaint procedures);(d) Regulation 5.2.2 and Standard A5.2.2 (Onshore seafarer complaint-handlingprocedures).
PART VIA© Government of Gibraltar (www.gibraltarlaws.gov.gi)
Page 71 of 83

1995-13

Gibraltar Merchant Shipping (Safety, etc.)

2013/120

Gibraltar Merchant Shipping (Maritime Labour
Convention) Regulations 2013

Subject matter of Part VIA.
43A.(1) This Part lays down rules to ensure that the Administration effectively discharges
Gibraltar’s obligations with respect to the implementation of the relevant parts of the Maritime
Labour Convention, 2006.
(2)

This Part is without prejudice to–(a) Directive 2009/13/EC and Directive 2009/21/EC; and(b) any higher standards for living and working conditions for seafarers set out therein.

Interpretation of Part.
43B. For the purposes of this Part, the following definitions shall apply in addition to therelevant definitions set out in the Annex to Directive 2009/13/EC–“Administration” means the Maritime Administrator in the case of Gibraltar, and in othercases the corresponding authority of the MLC State;“Directive 2009/13/EC” means Council Directive 2009/13/EC of 16 February 2009
implementing the Agreement concluded by the European Community Shipowners’
Associations (ECSA) and the European Transport Workers’ Federation (ETF) on the
Maritime Labour Convention, 2006, and amending Directive 1999/63/EC as the same
may be amended from time to time;“Directive 2009/21/EC” means Directive 2009/21/EC of the European Parliament and of
the Council of 23 April 2009 on compliance with flag State requirements EC as thesame may be amended from time to time;“relevant parts of MLC 2006” means the parts of the Maritime Labour Convention, 2006of which the content shall be considered as corresponding to the provisions in the
Annex to Directive 2009/13/EC.
Monitoring of compliance.
43C.(1) The Administration shall ensure that effective and appropriate enforcement andmonitoring mechanisms, including inspections at the intervals provided for in the MLC, areestablished in order to ensure that the living and working conditions of seafarers on Gibraltar
ships and MLC ships, when in British Gibraltar Territorial waters, meet, and continue to meet,the requirements of the relevant parts of MLC 2006.

© Government of Gibraltar (www.gibraltarlaws.gov.gi)
Page 72 of 83

Gibraltar Merchant Shipping (Safety, etc.)

1995-13Gibraltar Merchant Shipping (Maritime Labour
Convention) Regulations 20132013/120(2) With respect to ships of less than 200 gross tonnage not engaged in international
voyages, the Administration may, in consultation with the shipowners’ and seafarers’organisations concerned, decide to adapt, pursuant to Article II, paragraph 6 of the MLC,
monitoring mechanisms, including inspections, to take account of the specific conditions
relating to such ships.
(3) When fulfilling its obligations under this regulation, the Administration may, whereappropriate, authorise public institutions or other organisations, including those of a Member
State, if the latter agrees, which they recognise under the MLC as having sufficient capacity,
competence and independence, to carry out inspections.
(4) In all cases under subregulation (3), the Administration shall remain fully responsible
for the inspection of the living and working conditions of the seafarers concerned on Gibraltar
ships and this provision is without prejudice to the Gibraltar Merchant Shipping (Organisations
for Inspection, Survey and Certification of Ships) Regulations 2011.
(5) The Administration shall establish clear objectives and standards covering theadministration of its inspection systems, as well as adequate overall procedures for theirassessment of the extent to which those objectives and standards are being attained.
(6) The Captain of the ship and the shipowner shall ensure that every seafarer on board aship flying the flag of Gibraltar has access to a copy of the Agreement implemented by
Directive 2009/13/EC and such access may be provided electronically.
Personnel in charge of compliance monitoring.
43D.(1) The Administration shall ensure that personnel, including staff from institutions orother recognised organisations authorised to carry out inspections in accordance withregulation 43C(3) of the MLC and in charge of verifying the proper implementation of therelevant parts of the MLC, have the training, competence, terms of reference, full legal
authority, status and independence necessary or desirable(a) to enable them to carry out that verification; and(b) to ensure compliance with the relevant parts of MLC, 2006.
(2) A person who is authorised to undertake inspections pursuant to this Part may excise
the powers of detention specified in Part VII (Compliance and enforcement) when exercisinga function or duty under this Part.
(3) All authorisations granted under this Part with respect to inspections shall, as aminimum, empower the certifying authority to require the rectification of deficiencies that it© Government of Gibraltar (www.gibraltarlaws.gov.gi)
Page 73 of 83

1995-13

Gibraltar Merchant Shipping (Safety, etc.)

2013/120

Gibraltar Merchant Shipping (Maritime Labour
Convention) Regulations 2013

identifies in seafarers’ living and working conditions, and to carry out inspections in thatregard at the request of a port State.
(4)

The Administration shall establish(a) a system to ensure the adequacy of work performed by recognised organisations,which includes information on all applicable laws of Gibraltar and Administrative
Instructions and relevant international instruments; and(b) procedures for communication with and oversight of such organisations.

(5)

The Administration shall–(a) ensure that the International Labour Office is provided with a current list of any
recognised organisations authorised to act on its behalf; and(b) keep this list up to date.

(6) The list referred to in subregulation (5) shall specify the functions that the recognisedorganisations have been authorised to carry out.
On-board complaint procedures, handling of complaints and corrective measures.
43E.(1) The Administration shall ensure that an appropriate on-board complaint procedure isin place in accordance with these Regulations.
(2)

Where the Administration –(a) receives a complaint which it does not consider manifestly unfounded; or(b) obtains evidence that a Gibraltar ship or an MLC ship(i)does not conform to the requirements of the relevant parts of the MLC
2006; or(ii)

there are serious deficiencies in its implementing measures,

then, the Administration shall take the steps necessary to investigate the matter and ensure that
action is taken to remedy any deficiencies found.
(3)

Every person dealing with or becoming aware of complaints shall-© Government of Gibraltar (www.gibraltarlaws.gov.gi)
Page 74 of 83

Gibraltar Merchant Shipping (Safety, etc.)

1995-13Gibraltar Merchant Shipping (Maritime Labour
Convention) Regulations 20132013/120(a) 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 oflaws and regulations; and(b) give no intimation to the shipowner, the shipowner’s representative or the operatorof the ship that an inspection was made as a consequence of such a grievance orcomplaint.
PART VIICOMPLIANCE AND ENFORCEMENT
Inspection and detention of Gibraltar, etc. ships.
44.(1) For the purpose of checking compliance with these Regulations or a Maritime Labour
Notice of a ship other than an MLC ship, the Maritime Administrator or a person appointed
under section 56 of the Merchant Shipping (Safety, etc.) Act, 1993 may at all reasonable times
go on board a ship and inspect the ship, its equipment, any article and any document carriedon it.
(2) Where the Maritime Administrator or a person appointed under section 56 of the
Merchant Shipping (Safety, etc.) Act, 1993 has clear grounds for believing that−(a) a ship other than an MLC ship is in contravention of a provision of theseRegulations or a Maritime Labour Notice, or of a determination, exemption orapproval made or authorisation or permission given by the Maritime Administrator
in accordance with these Regulations; or(b) a person is working on a ship other than an MLC ship in contravention of aprovision of these Regulations or a Maritime Labour Notice, or of a determination,
exemption or approval made or authorisation or permission given by the Maritime
Administrator in accordance with these Regulations,that ship is liable to be detained.
Inspection and detention of MLC ships.
45.(1) The Maritime Administrator and a person appointed under section 56 of the MerchantShipping (Safety, etc.) Act, 1993 may review the Maritime Labour Certificate and Part 1 andPart 2 Declaration of Maritime Labour Compliance of an MLC ship or the interim Maritime
Labour Certificate of an MLC ship.

© Government of Gibraltar (www.gibraltarlaws.gov.gi)
Page 75 of 83

1995-13

Gibraltar Merchant Shipping (Safety, etc.)

2013/120

Gibraltar Merchant Shipping (Maritime Labour
Convention) Regulations 2013

(2) Where standard A5.2.1(a) to (c) or (d) of the MLC or a Maritime Labour Notice applies
to an MLC ship, the Maritime Administrator and a person appointed under section 56 of the
Merchant Shipping (Safety, etc.) Act, 1993 may carry out a more detailed inspection of theship to ascertain the working and living conditions on board the ship.
(3) Where−(a) the Maritime Administrator believes that the working and living conditions onboard an MLC ship are defective; or(b) the working and living conditions on board a ship have been alleged to be
defective;
and that defect could constitute a clear hazard to the safety, health or security of seafarers or aserious breach of the requirements of the MLC or a Maritime Labour Notice, the Maritime
Administrator and a person appointed under section 56 of the Merchant Shipping (Safety, etc.)
Act, 1993 may carry out a more detailed inspection of the ship to ascertain the working andliving conditions on board the ship.
(4) Where the Maritime Administrator or a person appointed under section 56 of the
Merchant Shipping (Safety, etc.) Act, 1993 inspects an MLC ship and has clear grounds forbelieving that−(a) the ship does not comply with the requirements of the MLC or a Maritime Labour
Notice; and(b) the non-compliance represents−(i)a significant danger to the safety, health or security of seafarers, or(ii)

a serious or repeated breach of the requirements of the MLC or a Maritime
Labour Notice,

the ship is liable to be detained.
Offences and penalties.
46.(1) Any person, other than the Maritime Administrator, is guilty of an offence if that person
fails without reasonable cause to comply with a requirement of these Regulations, and is liable
on summary conviction to a fine not exceeding level 5 on the standard scale.

© Government of Gibraltar (www.gibraltarlaws.gov.gi)
Page 76 of 83

Gibraltar Merchant Shipping (Safety, etc.)

1995-13Gibraltar Merchant Shipping (Maritime Labour
Convention) Regulations 20132013/120(2) Any person is guilty of an offence if that person fails without reasonable cause to comply
with a requirement of a determination, exemption, exception or approval made or authorisationor permission given by the Maritime Administrator in accordance with these Regulations, andis liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(3) If a ship to which regulation 33 applies proceeds or attempts to proceed to sea or on avoyage or excursion without a valid Maritime Labour Certificate and Part 1 and Part 2
Declaration of Maritime Labour Compliance or a valid interim Maritime Labour Certificate,
the shipowner and the master of the ship is guilty of an offence and liable on summaryconviction to a fine not exceeding level 5 on the standard scale.
(4) Any person who−(a) intentionally alters a Maritime Labour Certificate or interim Maritime Labour
Certificate;(b) intentionally makes a false Maritime Labour Certificate or interim Maritime
Labour Certificate;(c) in connection with any inspection undertaken in accordance with theseRegulations knowingly or recklessly furnishes false information;(d) with intent to deceive, uses, lends, or allows to be used by another, a Maritime
Labour Certificate or interim Maritime Labour Certificate; or(e) fails to surrender a Maritime Labour Certificate or interim Maritime Labour
Certificate as directed in accordance with regulation 37;(f) obstructs the Maritime Administrator or a person appointed under section 56 of
the Merchant Shipping (Safety, etc.) Act, 1993 in the exercise of his powers underregulation 44 or 45;
is guilty of an offence and is liable on summary conviction to a fine not exceeding level 5 on
the standard scale.
(4) In any proceedings for an offence under this regulation, it is a defence for the person
charged to prove that all reasonable steps had been taken by that person to ensure compliancewith the requirement in question.
Consequential amendment.

© Government of Gibraltar (www.gibraltarlaws.gov.gi)
Page 77 of 83

1995-13

Gibraltar Merchant Shipping (Safety, etc.)

2013/120

Gibraltar Merchant Shipping (Maritime Labour
Convention) Regulations 2013

47. In regulation 2 of the Merchant Shipping (Port State Control) Regulations 2011, afterparagraph (h) of the definition of “Conventions” insert the following paragraph−“(i) the Maritime Labour Convention, 2006,”.

© Government of Gibraltar (www.gibraltarlaws.gov.gi)
Page 78 of 83

Gibraltar Merchant Shipping (Safety, etc.)

1995-13Gibraltar Merchant Shipping (Maritime Labour
Convention) Regulations 20132013/120SCHEDULE 1
MEDICAL CERTIFICATES
Regulation (6)(6)(a)(i).
Applications for and issuing of medical certificates.
1. If−(a) an application for a medical certificate is made to an approved medical
practitioner;(b) a reasonable fee charged by that approved medical practitioner has been paid; and(c) the medical practitioner has examined the person to whom the application relates
in accordance with the ILO/WHO Guidelines for Conducting Pre-Sea and Periodic
Medical Fitness Examinations for Seafarers, as currently in force, and any otherapplicable international guidelines published by the International Labour
Organisation, the International Maritime Organisation and the World HealthOrganisation, and considers that person to be fit to perform the duties which that
person will carry out at sea;
the medical practitioner must issue that person with a medical certificate
2. The Maritime Administrator may−(a) having consulted shipowners and seafarers’ organisations; and(b) having had regard to;further determine the nature of the medical examination to be conducted in accordance withparagraph 1.
3. If a person is employed as a seafarer, or has been offered employment as a seafarer, at thetime an application is made for a medical certificate under paragraph 1, the person’s employer
must ensure that the application is made and processed at no cost to the person to whom it
relates.
Review of medical practitioner’s decision.
4. A person who has been refused a medical certificate or who has had a restriction imposedon such a certificate and who−
© Government of Gibraltar (www.gibraltarlaws.gov.gi)
Page 79 of 83

1995-13

Gibraltar Merchant Shipping (Safety, etc.)

2013/120

Gibraltar Merchant Shipping (Maritime Labour
Convention) Regulations 2013(a) has applied to the Maritime Administrator, within one month of that refusal or
imposition of a restriction, for review of that decision;(b) has included in that application the name of the medical practitioner who refused
the certificate or imposed the restriction;(c) has consented to the disclosure by that medical practitioner of the information onwhich that refusal or imposition of a restriction was based;
may have the matter reviewed by an independent medical practitioner appointed by the
Maritime Administrator.
5. An independent medical practitioner appointed by the Maritime Administrator inaccordance with paragraph 4 must−(a) examine the person to whom the application relates in accordance with the
ILO/WHO Guidelines for Conducting Pre-Sea and Periodic Medical Fitness
Examinations for Seafarers, as currently in force, and any other applicableinternational guidelines published by the International Labour Organisation, theInternational Maritime Organisation and the World Health Organisation; and(b) if the medical practitioner, exercising full professional independence, considers
that person to be fit to perform the duties which that person will carry out at sea,must issue that person with a medical certificate, and include in that certificate any
restrictions or conditions appropriate to that person’s medical condition and theduties which that person is to carry out at sea.
Interpretation.
6. In this Schedule−“approved medical practitioner” means−(a) a medical practitioner entitled to practise in Gibraltar, and approved for the
purpose of issuing medical certificates by the Maritime Administrator;(b) a medical practitioner approved by the Secretary of State to issue medical fitness
certificates to seafarers;(c) in the case of a certificate solely concerning eyesight, a person approved by the
Maritime Administrator as a person qualified to issue such a certificate.
© Government of Gibraltar (www.gibraltarlaws.gov.gi)
Page 80 of 83

Gibraltar Merchant Shipping (Safety, etc.)

1995-13Gibraltar Merchant Shipping (Maritime Labour
Convention) Regulations 20132013/120“medical certificate” means a certificate−(a) in a form approved by the Maritime Administrator and containing the information
determined by the Maritime Administrator to be required;(b) valid−(i)unless it relates only to the certification of colour vision, for a maximum
period, starting on the date of the medical examination, of one year inrespect of a person under 18 years of age and two years in respect of any
other person,(ii)

if it relates only to the certificate of colour vision, for a maximum periodof six years,(iii)

for such shorter period as is specified on the certificate,(a) restricted to such capacity of sea service or geographical areas as are recorded on
the certificate by the medical practitioner;(b) subject to such conditions as are recorded on the certificate by the medical
practitioner.

© Government of Gibraltar (www.gibraltarlaws.gov.gi)
Page 81 of 83

1995-13

Gibraltar Merchant Shipping (Safety, etc.)

2013/120

Gibraltar Merchant Shipping (Maritime Labour
Convention) Regulations 2013
SCHEDULE 2
Regulation 2(1)WORKFORCE AGREEMENTS

1. An agreement is a workforce agreement for the purposes of these Regulations if thefollowing conditions are satisfied–(a) the agreement is in writing;(b) it has effect for a specified period not exceeding five years;(c) it applies either–(i)to all of the relevant members of the workforce, or(ii)

to all of the relevant members of the workforce who belong to a particulargroup;(d) the agreement is signed–(i)in the case of an agreement of the kind referred to in sub-paragraph (c)(i),by the representatives of the workforce, and in the case of an agreement of
the kind referred to in sub-paragraph (c)(ii), by the representatives of thegroup to which the agreement applies (excluding, in either case, any
representative not a relevant member of the workforce on the date on which
the agreement was first made available for signature); or(ii)

if the employer employed 20 or fewer individuals on the date referred to in
sub-paragraph (d)(i) above, either by the appropriate representatives inaccordance with that sub-paragraph or by the majority of the individuals
employed by him; and(iii)

before the agreement was made available for signature, the employer
provided all the employees to whom it was intended to apply on the dateon which it came into effect with copies of the text of the agreement andsuch guidance as those employees might reasonably require in order tounderstand it in full.

2. For the purposes of this Schedule–© Government of Gibraltar (www.gibraltarlaws.gov.gi)
Page 82 of 83

Gibraltar Merchant Shipping (Safety, etc.)

1995-13Gibraltar Merchant Shipping (Maritime Labour
Convention) Regulations 20132013/120“a particular group” is a group of the relevant members of a workforce who undertake aparticular function, work at a particular workplace or belong to a particulardepartment or unit within their employer’s business;“relevant members of the workforce” are all of the employees employed by a particular
employer, excluding any employee whose terms and conditions of employment areprovided for, wholly or in part, in a collective agreement;“representatives of the workforce” are employees duly elected to represent the relevant
members of the workforce, “representatives of the group” are employees duly elected
to represent the members of a particular group, and representatives are “duly elected”
if the election at which they were elected satisfied the requirements of paragraph 3 ofthis Schedule.
3. The requirements concerning elections referred to in paragraph 2 are that–(a) the number of representatives to be elected is determined by the employer;(b) the candidates for election as representatives of a group are members of theworkforce, and the candidates for election as representatives of a group are
members of the group;(c) no employee who is eligible to be a candidate is unreasonably excluded fromstanding for election;(d) all the relevant members of the workforce are entitled to vote for representativesof the workforce, and all the members of a particular group are entitled to vote forrepresentatives of the group;(e) the employees entitled to vote may vote for as many candidates as there arerepresentatives to be elected; and(f) the election is conducted so as to secure that–(i)so far as reasonably practicable, those voting do so in secret, and(ii)

the votes given at the election are fairly and accurately counted.

4. In this Schedule “employee” means an individual who has entered into or works under acontract of employment.

© Government of Gibraltar (www.gibraltarlaws.gov.gi)
Page 83 of 83