제18425호                               관              보                 2015. 1. 8.(목요일)
       Guideline B5.1.3 - Maritime labour certificate and declaration of maritime labour
                                             compliance
1. The statement of national requirements in Part I of the declaration of maritime labour
compliance should include or be accompanied by references to the legislative provisions relating to
seafarers’ working and living conditions in each of the matters listed in Appendix A5-I. Where
national legislation precisely follows the requirements stated in this Convention, a reference may
be all that is necessary. Where a provision of the Convention is implemented through substantial
equivalence as provided under Article VI, paragraph 3, this provision should be identified and a
concise explanation should be provided. Where an exemption is granted by the competent
authority as provided in Title 3, the particular provision or provisions concerned should be clearly
indicated.
2. The measures referred to in Part II of the declaration of maritime labour compliance,
drawn up by the shipowner, should, in particular, indicate the occasions on which ongoing
compliance with particular national requirements will be verified, the persons responsible for
verification, the records to be taken, as well as the procedures to be followed where
non-compliance is noted. Part II may take a number of forms. It could make reference to other
more comprehensive documentation covering policies and procedures relating to other aspects of
the maritime sector, for example documents required by the International Safety Management
(ISM) Code or the information required by Regulation 5 of the SOLAS Convention, Chapter XI-1
relating to the ship’s Continuous Synopsis Record.
3. The measures to ensure ongoing compliance should include general international
requirements for the shipowner and master to keep themselves informed of the latest advances in
technology and scientific findings concerning workplace design, taking into account the inherent
dangers of seafarers’ work, and to inform the seafarers’ representatives accordingly, thereby
guaranteeing a better level of protection of the seafarers’ working and living conditions on board.
4. The declaration of maritime labour compliance should, above all, be drafted in clear terms
designed to help all persons concerned, such as flag State inspectors, authorized officers in port
States and seafarers, to check that the requirements are being properly implemented.
5. An example of the kind of information that might be contained in a declaration of
maritime labour compliance is given in Appendix B5-I.
6. When a ship changes flag as referred to in Standard A5.1.3, paragraph 14(c), and where
both States concerned have ratified this Convention, the Member whose flag the ship was
formerly entitled to fly should, as soon as possible, transmit to the competent authority of the
other Member copies of the maritime labour certificate and the declaration of maritime labour
compliance carried by the ship before the change of flag and, if applicable, copies of the relevant
inspection reports if the competent authority so requests within three months after the change of
flag has taken place.
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