D. MA. n. o. . 0. 02. Issue Date . 20. December 2016. DMA. RO . Circular no. . 0. 02. M. aritime Labour C. onvention,. 2006. Inspection and certification.

DMA no. 002
Issue Date: 20. December 2016

DMA RO Circular no. 002
Maritime Labour Convention, 2006. Inspection and certification
1.

Rule reference Maritime Labour Convention, 2006
 Guidelines for Flag State Inspections under the Maritime Labour Convention, 2006
 Danish Ro Agreement

2.

Recognised Organisations (ROs)
Under a separate written agreement (c), the DMA has authorised the following ROs to carryout inspection and certification functions pursuant to the Maritime Labour Convention, 2006
(MLC, 2006) on behalf of the DMA:
 American Bureau of Shipping Bureau Veritas
 Class NK
 DNV GL
 Lloyd’s Register PRS (Polish Register of Shipping) RINA Korean Register China Classification Society

3.

Scope
The ROs are authorised to inspect and certify cargo ships of 500 gross tonnage or over,engaged in international voyages or operating from a port, or between ports, in anothercountry. Initial, intermediate and renewal inspections are included. The term ”cargo ships”
includes new ships on delivery, ships changing flag, and existing ships.
The ROs are also authorised to inspect and, at the owner’s request, to certify ships to which
the MLC, 2006 applies, but which are not required to be certified. Such ships must still be
subject to full inspections in accordance with the same requirements as those applicable tocertified ships.

4.

Inspections
All inspections must be carried out in accordance with the Maritime Labour Convention,
2006, and with due regard to the International Labour Organisation’s (ILO) document
Guidelines for Flag State Inspections under the Maritime Labour Convention, 2006.
An RO is authorised to carry out any examination, test or inquiry considered necessary todetermine whether the standards of the MLC 2006 are being strictly observed.

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All ships to which the MLC 2006 applies of 500 gross tonnage or over, engaged ininternational voyages or operating from a port, or between ports, in another country mustbe certified for compliance with the 16 areas of the Convention subject to mandatory
inspection. The 16 areas are set out in the DMLC, Part I, drawn up by the DMA.
All persons inspecting under the MLC 2006 must have appropriate knowledge of ship
operations, including: minimum requirements for seafarers to work on a ship;
 conditions of employment; accommodation;
 recreational facilities;
 food and catering; accident prevention;
 health protection;
 medical care; and welfare and social security protection.
When an inspection is conducted or when measures are taken under the MLC 2006, the RO
must make all efforts reasonable to avoid a ship being unreasonably detained or delayed.
All inspections must be conducted in consideration of the right to privacy and the need toprotect confidentiality.
The MLC requirements relating to ship construction and equipment apply only to ships
constructed on or after 20 August 2013. As regards ships constructed before that date, therequirements or national standards implementing the ILO requirements applicable on thedate of a ship’s construction must continue to apply. A ship is deemed to have been
constructed on the date when its keel is laid or when it is at a similar stage of construction.
For existing Danish ships built before 20 August 2013, the requirements for a ship’sconstruction and equipment need not be subject to renewed plan approval by an RO withthe entry into force of the MLC 2006. This is, however, subject to an owner’s declaration thatthe ship’s construction and equipment have not been substantially altered since the initialapproval by the DMA.
Upon the transfer of ships built before 20 August 2013 to the Danish flag, construction andequipment must be subject to plan approval to verify compliance with the applicable ILO
standards under the law and practice of the DMA.
4.1

Initial inspections
Initial inspections must be conducted to ensure compliance with the national requirements
drawn up in the DMLC, Part I, implementing the MLC 2006. All existing Danish flagged ships
must undergo an initial inspection and receive a Maritime Labour Certificate within one (1)year of the enforcement date.

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To verify that the national requirements are complied with and that the ship owner’s
measures have been correctly implemented and are being followed, an RO must obtainsupporting objective evidence by: inspecting the relevant areas of the ship; examining further documentation, such as passports or other official documents,
medical certificates, training records, crew lists and payroll records, seafarer
employment agreements, safe manning documents and work and rest schedules; and interviewing in private a representative number of seafarers, taking account of the needto preserve confidentiality and of the seafarers’ work and rest schedules.

4.2

Intermediate inspections
Intermediate inspections must be conducted to ensure continuing compliance with thenational requirements implementing the MLC 2006. An intermediate inspection must be
conducted between the second (2nd) and third (3rd) anniversary dates1 of the Maritime
Labour Certificate.
The scope and depth of the intermediate inspection must be equal to an inspection forrenewal of the Maritime Labour Certificate.
The Maritime Labour Certificate must be endorsed by the RO following a satisfactoryintermediate inspection.

4.3

Renewal inspections
Renewal inspections must encompass inspections for all requirements and be completed asfollows:
When the renewal inspection is completed within three (3) months before the expiry of theexisting Maritime Labour Certificate, the new Maritime Labour Certificate must be valid fromthe date of completion of the renewal inspection for a period not exceeding five (5) years
from the date of expiry of the existing Maritime Labour Certificate.
When the renewal inspection is completed more than three (3) months before the expiry
date of the existing Maritime Labour Certificate, the new Maritime Labour Certificate must
be valid for a period not exceeding five (5) years starting from the date of completion of therenewal inspection.

4.4

1

Exemptions
Exemptions granted at the owner’s request in accordance with the MLC 2006, Title 3, on
accommodation, recreational facilities, food and catering must be approved by the DMA.

Anniversary date means the day and month of each year corresponding to the day of expiry of the Maritime Labour Certificate

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Owners’ requests for exemptions must be submitted, accompanied by a motivatedapplication from the RO.

5.

Certificate issuanceA copy of the MLC 2006 must be maintained on board and available to the seafarers.
The following current and valid documents must be maintained on board all Danish flagged
ships to which the MLC 2006 applies.

5.1

Maritime Labour Certificate
The Maritime Labour Certificate, issued by the relevant RO, attests that seafarers’ working
and living conditions aboard a ship meet all Danish laws and regulations governing theimplementation of the MLC 2006.
An RO must issue or renew a Maritime Labour Certificate to a Danish flagged ship after
verifying upon inspection that the 16 mandatory requirements for working and living
conditions itemized below meet national standards for implementing the MLC 2006, asdetailed in the Declaration of Maritime Labour Compliance, Part I, drawn up by the DMA.
 Minimum age.
 Medical certification.
 Qualifications of seafarers.
 Seafarers’ employment agreements.
 Use of any licensed or certified or regulated private recruitment and placement service.
 Hours of work or rest.
 Manning levels for the ship.
 Accommodation.
 On-board recreational facilities.
 Food and catering.
 Health and safety and accident prevention.
 On-board medical care.
 On-board complaint procedures.
 Payment of wages.
 Financial security for repatriation.
 Financial security relating to shipowners’ liability.
A Maritime Labour Certificate endorsed by the RO must have attached a Declaration ofMaritime Labour Compliance as well as any record of inspection as detailed below.

5.2

Declaration of Maritime Labour Compliance (DMLC)This document outlines the national laws or provisions that give effect to the 16 mandatory
inspection items required for certification and the measures put in place by the shipowner/operator to ensure compliance with these inspection items.

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The DMLC consists of two parts:
Part I: The statement, drawn up by the DMA, referencing or describing the national laws,
regulations or provisions with respect to the 16 mandatory inspection items required forcertification. The DMLC, Part I, will also record any flexibility, substantial equivalencies orexemptions which may have been applied to the relevant ship.
Part II: The statement, drawn up by the ship owner/operator, identifying the measures
adopted to ensure ongoing compliance with the national requirements detailed in the DMLC,Part I, and enabling continuous improvement between inspections. The measures in theDMLC, Part II, should indicate: when ongoing compliance will be verified; the persons responsible for verification;
 the records to be taken;
 the procedures to be followed when non-compliance is noted.
To ensure ongoing compliance, the DMLC, Part II, should also include general requirements
for advances in technology and scientific findings concerning workplace design.
5.3

Interim Maritime Labour Certificate
An Interim Maritime Labour Certificate can be issued:
 to new ships on delivery; when a ship changes flag; or when a ship owner assumes responsibility for the operation of a ship which is new tothe ship owner.
An Interim Maritime Labour Certificate must conform to the model provided in the MLC 2006
and only be issued following verification that: the ship has been inspected, as far as reasonable and practicable, for the items listed inthe DMLC, Part I; the ship owner has demonstrated to the RO that the ship has adequate procedures tocomply with the MLC 2006;
 the master is familiar with the MLC 2006 and the responsibilities for implementation;and relevant information has been submitted to the RO to produce a DMLC.
A DMLC need not be issued for the period of validity of the interim certificate. An InterimMaritime Labour Certificate must be endorsed by the RO.

5.4

Amendments of 2014 to the Maritime Labour Convention, 2006
A Maritime Labour Certificate and the declarations of maritime labour compliance issued
before entry into force remain valid until the first renewal inspection following entry into
force of the amendments.

Contact: ro@dma.dk
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6.

Non-certified ships
In case a ship registered under the Danish flag is not required to carry a Maritime Labour
Certificate, the ship owners may request that their ships be included in the certification
system and be issued with a Maritime Labour Certificate upon submission of a DMLC, Part II,
and the satisfactory completion of the inspection process. All Danish ships, regardless ofwhether they are required to carry a Maritime Labour Certificate, must meet therequirements specified in the DMLC, Part I, and must be subject to inspection verifying that
this requirement is met.

6.1

Certificate formats
The ROs must develop templates for the DMLC, Parts I and II, and for the Maritime Labour
Certificate which conform to the model prescribed by the MLC 2006 and drawn up by theDMA. A model form will be made available through the DMA website.
The date of registry to be indicated in the Maritime Labour Certificate is the date ofregistration when a Continuous Synopsis Record (CSR) has been issued to the ship.
The date and place, “This certificate is valid only when the Declaration of Maritime Labour
Compliance issued at…”, to be indicated in the Maritime Labour Certificate is the date andplace from DMLC, Part II.
Where a ship has been issued with a Provisional Danish Certificate of Nationality, an Interim
Maritime Labour Certificate must be issued with a period of validity that is under nocircumstances longer than that indicated on the Provisional Certificate of Nationality.
A copy of the Maritime Labour Certificate must be posted in a conspicuous place on board
the ship and along with the DMLC, Parts I and II, be available to the seafarers on board.
If the DMLC and Maritime Labour Certificate are not in English, an English-languagetranslation of these documents must accompany the originals for a ship engaged ininternational voyages.

7.
7.1

Certificate validity
Maritime Labour Certificate
A Maritime Labour Certificate must remain valid for a period of maximum five (5) years andmust be subject to an intermediate inspection between the second and third year of validity.

7.2

Interim Maritime Labour Certificate
An Interim Maritime Labour Certificate must be issued for a period not exceeding six (6)months. An inspection must be carried out prior to expiry of the interim certificate to enableissue of the Interim Maritime Labour Certificate. No further Interim Maritime LabourCertificate must be issued following the initial six (6) months.

Contact: ro@dma.dk
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7.3

Causes for invalidation
A Maritime Labour Certificate or Interim Maritime Labour Certificate ceases to be valid inany of the following cases:
 the relevant inspections are not completed within the specified time periods;
 the Maritime Labour Certificate is not endorsed by the RO; when a ship changes flag;
 when a ship owner ceases to assume the responsibility for the operation of a ship; and when substantial changes have been made to the structure or equipment covered inTitle 3 of the MLC 2006, “Accommodation, Recreational Facilities, Food and Catering.”
In any such cases, the RO must without undue delay inform the DMA of such cases.

8.

Deficiencies and certificate withdrawalInspections of seafarers’ working and living conditions must be carried out if requested by aport State. Where there are grounds to believe that deficiencies constitute a serious breachof the MLC 2006 (including seafarers’ rights) or represent a significant danger to seafarers’safety, health or security, an RO must, without undue delay, inform the DMA for the purposeof prohibiting a ship from leaving port until necessary corrective actions are taken.
A Maritime Labour Certificate or Interim Maritime Labour Certificate must be withdrawn if
there is evidence that a ship does not comply with the requirements of the MLC 2006 andthat the required corrective action has not been taken. When considering the withdrawal ofa Maritime Labour Certificate, the seriousness and frequency of the deficiencies must beconsidered.
In these circumstances, the DMA must be informed, without undue delay, about thedeficiencies found and corrective actions proposed.
Where there is no clear breach of the requirements that endangers the safety, health orsecurity of the seafarers and where there is no prior history of similar breaches, an RO musthave the discretion to give advice instead of instituting or recommending withdrawal of aMaritime Labour Certificate.

9.
9.1

Record keeping
Maritime Labour CertificatesROs must maintain publicly available records of Maritime Labour Certificates issued.

9.2

Inspection reports
ROs must produce a report of each inspection. The RO must provide the master of the shipwith one copy of the report in English, and, if necessary, one in the working language of theship. The ship’s master must post a copy on the ship’s notice board.
ROs must maintain records of the inspection reports. The records and the full contents ofContact: ro@dma.dk
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the reports and issued certificates must be electronically accessible to the DMA.

9.3

Investigation report
In case of an investigation pursuant to a major incident, an RO must submit a report to theDMA as soon as practicable, but not later than one month following the conclusion of theinvestigation.

9.4

Change of flag
If a Danish flagged ship changes flag and both states concerned have ratified the MLC 2006,
the RO, on behalf of and upon notification of the DMA, must transmit to the competentauthority of the other Member State copies of the Maritime Labour Certificate and the DMLC
carried by the ship before the change of flag and, if applicable, copies of the relevant
inspection reports if the competent authority requests them within three (3) months after
the change of flag has taken place.

9.5

Annual report
ROs must assist the DMA in producing an annual report. The DMA must receive records ofinspections and statistics and other information on RO MLC inspections within a reasonable
time, not exceeding five (5) months after the end of the year. The records must contain: Details of the RO system of inspection.
 Statistics of ships subject to inspection.
 Statistics and information on deficiencies and cases of MLC 2006 detentions of ships.

10.

Confidentiality
If, during MLC inspections or otherwise, a complaint is received by the RO, alleging a danger
or deficiency in relation to seafarers’ working and living conditions or a violation of laws andregulations, the DMA must be informed without delay.
An RO must treat as confidential the source of any grievance or complaint alleging a danger
or deficiency in relation to seafarers’ working and living conditions or a violation of laws andregulations and give no intimation to the ship owner, the ship owner’s representative or theoperator of the ship that an inspection was made as a consequence of such a grievance orcomplaint.

Contact: ro@dma.dk
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