Subject:
No.
Paris mou
Concentrated Inspection
Campaign (CIC) on MLC, 2006
Paris mou
Concentrated Inspection Campaign (CIC) on MLC, 2006
From 01.09.2016 to 30.11.2016
After the MLC came into force in 2006, in 2013, PARIS MOU decided on carrying out a CIC in
2016 to verify compliance with the convention. This inspection campaign will be held for
three months, commencing from 1 September 2016 and ending on 30 November 2016.
As ships from non-ratifying States should not receive any more favourable treatment than
ships from States that have ratified the convention, this CIC will be undertaken once on
every individual ship eligible for inspection during the period of the campaign.
These inspections will be carried out at ports of the Paris MoU member States for which the
convention is in force.
Port State Control Officers (PSCOs) will use a list of 12 selected questions to establish that
all seafarers living and working condition in compliances with minimum standard required by
convention.
When deficiencies are found, actions by the Port State may vary from recording a
deficiencies and instructing the master to rectify it within a certain period to detaining the
ship until serious deficiencies gave been rectified.
Page 1 of 10
No.
The following CIC guidance is provided to assist in checking for compliance of MLC, 2006,
during the Campaign.
1. Are seafarers under the age of 18 excluded from tasks that are likely
to jeopardize their safety or health?
(Standards A1.1 para.4)
The PSCO should check that:
either anyone on board were less than 18 years old
for young crew member under the age of 18, PSCO attention must be given to their
planning table and working conditions as so far as night work is prohibited for them
Possible sources of information:
A crew list, a passport, an ID card or a seamens book confirming seafarers birth
dates
Work schedule with respect to seafarers under the age of 18 determine hours and
nature of work
Recent accident reports and safety committee reports to determine whether
seafarers under the age of 18 were involved
Information on types of work on board that have been identified as likely to
jeopardize the safety of seafarers under the age of 18
Tasks determined by the flag state as likely to jeopardized health or safety of
seafarers under 18 as contained in DMLC (Part I and Part II) for vessels flying a
ratifying flag
Page 2 of 10
No.
2. Are all seafarers holding valid certificates attesting medical fitness?
(Standard A1.2 para.1)
The PSCO should check that:
The crew list is in compliance with the actual seafarers present on board
All crew members hold a valid medical certificate attesting that they are medically
fit to perform the duties they are to carry out at sea
The valid colour vision certificates, where applicable
The medical certificates were valid for a maximum of two years (unless the
seafarers under the age of 18 required a certificate for maximum one year). A
certificate of colour vision shall be valid for a maximum of six years
The medical certificates for seafarers working on ships ordinarily engaged on
international voyages must as a minimum be provided in English
Possible sources of information:
The crew list
The medical certificates
Colour vision certificates, where appropriate
The authorization or permit (subject to a max validity of three months) where the
competent authority of the flag state has permitted a seafarer to work without a
valid, or whith an expired, certificate in urgent cases
3. Have all seafarers successfully completed their training for personal
safety on board?
(Regulation 1.3 para.2)
The PSCO should check that:
All seafarers have been completed their training for personal safety on board
Page 3 of 10
No.
Possible sources of information:
The crew list
Documentary evidence (training records) confirming that seafarers have successfully
completed training for personal safety on board
Appropriate material that is available to the crew
4. Seafarers Employment Agreement (SEA):
4.1 Do all seafarers have a SEA?
(Standard A 2.1 para 1(a))
4.2 Are the SEAs in compliance with min standard required by MLC?
(Standards A 2.1 para. 4)
The SEA shall in all cases contain the following particulars (Standard A2.1, paragraph 4(a)
(k) of the MLC):
the seafarers full name, date of birth or age, and birthplace;
the shipowners name and address;
the place where and date when the seafarers employment agreement is entered into;
the capacity in which the seafarer is to be employed;
the amount of the seafarers wages or, where applicable, the formula used for
calculating them;
the amount of paid annual leave or, where applicable, the formula used for calculating
it;
the termination of the agreement and the conditions thereof, including:
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 shall not be less for the
shipowner than for the seafarer;
if the agreement has been made for a definite period, the date fixed for its expiry; and
if the agreement has been made for a voyage, the port of destination and the time
which has to expire after arrival before the seafarer should be discharged;
the health and social security protection benefits to be provided to the seafarer by the
shipowner;
the seafarers entitlement to repatriation;
reference to the collective bargaining agreement, if applicable; and
any other particulars which national law may require.
Concerning questions 4.1 and 4.2, the PSCO should check that:
All seafarers have an original or a copy of their SEA
SEA are signed by both the seafarer and the shipowner or shipownerss
representative and at a min, contain the matters set out in Standard A2.1, para. 4(a)Page 4 of 10
No.
(k) of the MLC, 2006, within the scope of the CIC, THE PSCO should examine a
representative number of SEA
Where the language of the SEA and relevant parts of any applicable collective
bargaining agreement are not in English, a translation in English should also be
available on board
Possible sources of information:
The crew list
An original or a copy of the SEA (or other evidence of contractual or similar
arrangements) and any applicable collective bargaining agreements for seafarers
and, at a min, a standard form of the SEA (in English) for the ship
The DMLC Part I and II
5. If private recruitment and placement service (manning agencies) has
been used, does it meet the requirements of the MLC, 2006?
(Standard A1.4 PARA.2 and Standard A1.4, para.9)
Ships not using a private recruitment and placement service: If the shipowner is not using
such a service then the question is not applicable.
The PSCO should check that:
Does the ship fly a flag of a state party to the Convention?
Does the ship use a private recruitment and placement service?
Does the shipowner use a private recruitment and placement service operating in a
State for which the MLC, 2006 is in force? If a shipowner has used a private
recruitment and placement service from a State that has not ratified the MLC,
2006, is there documentation available to indicate that the shipowner has ensured,
as far as practicable, that the service or agency is operated in accordance with the
MLC, 2006?
Possible sources of information:
Page 5 of 10
No.
National web sites of the competent authority regarding the licensing or regulation
of seafarer recruitment and placement services (manning agencies)
Documentation or other information allowed the inspector to ascertain the
following:
Direct engagement seafarers were recruited and engaged by the
shipowner
Recruited though a public service
Seafarers were engaged through a public seafarer recruitment and
placement service in either the flag state or in another state to
which the MLC, 2006, applies
If seafarers were engaged through a seafarer recruitment and placement service
based in a country that has not ratified the MLC, 2006, documentation should be
available to show that the shipowner has, as far as practicable, verified through a
proper system that the service is operated consistently with the MLC, 2006. The
shipowners system may, for example, take account of information collected by the
flag state, as well as nay audits or certifications concerning the quality of services
operating in countries that have not ratified the MLC, 2006
Other evidence which shipowners could provide might be checklists against MLC
requirements or an RO audit of a recruitment and placement service based in a
country that has not ratified the MLC, 2006
The DMLC Parts I and II
6. Are records of inspections of seafarer accommodation carried out
by the master (or another designated person) available for review?
(Standard A3.1 para.18)
The PSCO should check that:
Inspections of accommodation are being carried out by the master or another
designated person and are recorded
Possible sources of information:
The on board records to confirm that frequent inspections are carried out by or
under the authority of the master
The crew list for a comparison with the number of sleeping rooms and berths
The DMLC Parts I and II
Page 6 of 10
No.
7. Are frequent inspections carried out by or under the authority of the
master, with respect to supplies of food and drinking water, all
spaces and equipment for the preparation and service of meals
documented?
(Standard A3.2 para.7)
The PSCO should check that:
Frequent and documented inspections of the food and water, or of the preparation,
storage or handling areas, are being carried out
Possible sources of information:
The DMLC Part I and II
On board records to confirm that frequent and documented inspections are made
of:
- supplies of food and drinking water
- spaces used for handling and storage of food and drinking water
- galleys and other equipment used in the preparation and service of meals
8. Has a ships safety committee been established on bord regarding
ships on which there are five or more seafarers?
(Standard A4.3 para.2d)
A ship safety committee, shall be established on board ships with five or more seafarers.
The PSCO should check that:
Are there five or more seafarers on board?
A ship safety committee has been established on board?
Page 7 of 10
No.
Possible sources of information:
Relevant documents, such as the on board occupational accident reports, and the
reports of risk evaluations undertaken for the management of occupational safety
and health on the ship
Documents specifying the authority of the ships seafarers appointed or elected as
safety representatives to participate in meetings of the ships safety committee
Documents evidencing membership and meetings of the safety committee (e.g.
records and minutes of the meetings, etc) if the ship has more than five seafarers
Relevant parts of DMLC Part I reflecting how Standard A4.3 para. 2d is transformed
in national laws and relevant parts of DMLC Part II explaining how Standard A4.3
para. 2d is applied by the shipowner and the ship concerned.
9. For a ship not being required to carry a medical doctor, is there on
board at least one seafarer, holder of a certificate of training in
medical first aid or in medical care that meets the requirements of
STCW?
(Standard A.4.1. para. 4c)
A qualified medical doctor responsible for providing medical care is required on board ships
carrying 100 or more persons and ordinarily engaged on international voyages of more than
three days duration.
The PSCO should check that:
The ship is not required to carry a medical doctor;
For ship not being required to carry a medical doctor, there is on board at least one
seafarer in charge of medical care or designated to provide medical first aid;
The seafarer in charge of medical care or designated to provide medical first aid has
completed the relevant training according to STCW Regulation VI/4.
Possible sources of information:
Documents (such as the SMD and crew list) to confirm that where ships are not
required to carry a medical doctor, they have at least one seafarer on board (who is
Page 8 of 10
No.
trained and qualified to the requirements of STCW) to be in charge of medical care
or is competent to provide medical first aid as part of their regular duties.
STCW certificate of competency issued in accordance with regulations II/1, II/2, II/3,
III/1, III/2, III/3, III/6 or VII/2.
STCW certificate of proficiency indicating that the holder has attended a course of
training in medical care in accordance with STCW Regulation VI/4,paragraph 3.
STCW certificate of proficiency indicating that the holder has attended a course of
training in medical first aid in accordance with STCW Regulation VI/4, paragraph 3.
10. Are all seafarers provided with a copy of on-board complaint
procedures applicable on the ship?
(Standard A 5.1.5 para.4)
The PSCO should check that:
There is an on board complaint procedure;
A copy of the on-board complaint procedures applicable on the ship has been
provided to all seafarers;
Possible sources of information:
The on-board complaint procedures applicable on the ship;
Information from the Master regarding the on-board procedure in accordance with
DMLC part II assuring that all seafarers have been provided with a copy of the onboard complaint procedures applicable on the ship.
Any document outlining the on-board complaint procedures to confirm that the
procedures are functioning on the ship, particularly with respect to the right of
representation, the required safeguards against victimization and the ability of
seafarers to complain directly to the ships master or to an external authority;
Page 9 of 10
No.
11. Have all seafarers received monthly accounts of their payments due
and amounts paid?
(Standard A2.2, para. 2)
The PSCO should check that:
Seafarer(s) has been given a monthly account of the payments due and the amounts
paid, including wages, additional payments and the rate of exchange used where
payment has been made in a currency or at a rate different from the one agreed to;
Possible sources of information:
The SEA and documentation, such as the payroll records to confirm that wages are
being paid at intervals no greater than one month as specified in their SEA or
relevant collective agreements.
Relevant documents to confirm the payment of wages including the requirement
that a monthly account (such as a wage slip) is provided to the seafarers. Copies of
individual accounts should be available to PSCOs at their request.
12. Has the ship detained as a result of the CIC?
Attachment:
PARISMOU - Questionnaire for the CIC on Maritime Labour Convention, 2006
Page 10 of 10
Koningskade 4
P.O. Box 16191
2500 BD The Hague
The Netherlands
Telephone: +31 70 456 1508
Telefax: +31 70 456 1599
E-mail:
[email protected]Internet : www.parismou.org
Questionnaire for the Concentrated Inspection Campaign (CIC) on Maritime
Labour Convention, 2006
Ships name
IMO Nr
Date of inspection
N
1*
2*
3**
4.1**
4.2**
9*
10**
11**
12
QUESTIONS
Are seafarers under the age of 18 excluded from tasks that are likely to jeopardize their
safety or health?
Standards A 1.1. para. 4 (def code 18101)
Are all seafarers holding valid certificate(s) attesting medical fitness?
Standard A 1.2. para. 1 (def code 18103)
Have all seafarers successfully completed their training for personal safety on board?
Regulation 1.3. para. 2 (def code 01219)
Do all seafarers have a copy of their seafarers employment agreement?
Standards A 2.1. para 1 (a) (def code 01220)
Are the seafarers' employment agreements in compliance with minimum standard
required by MLC?
Standards A 2.1. para 4 (def code 01220)
If private recruitment and placement service has been used, does it meet the
requirements of the MLC, 2006?
Standard A 1.4. para. 2 and para 9 (def code 18104)
Are records of inspections of seafarer accommodations carried out by the master (or
another designated person) available for review?
Standard A 3.1. para. 18 (def code 18328)
Are frequent inspections carried out by or under the authority of the master, with
respect to supplies of food and drinking water, all spaces and equipment used for the
storage and handling of food and drinking water, and galley and other equipment for
the preparation and service of meals documented?
Standard A 3.2 para. 7 (def code 18320)
Has a ships safety committee been established on board regarding ships on which
there are five or more seafarers?
Standard A 4.3. para. 2d (def code 18430)
For a ship not being required to carry a medical doctor, is there on board at least one
seafarer, holder of a certificate of training in medical first aid or in medical care that
meets the requirements of STCW?
Standard A.4.1. para. 4c (def code 18404)
Are all seafarers provided with a copy of on-board complaint procedures applicable on
the ship ?
Standard A 5.1.5 para.4 (def code 01330)
Have all seafarers received monthly accounts of their payments due and amounts
paid?
Standard A2.2, para. 2 (def code 18203)
Was the ship detained as result of the CIC?
YES
NO
N/A
Note: Questions 1 to 11 answered with a NO MUST be accompanied by a relevant deficiency on the Report of Inspection.
If the box No is ticked off for questions marked with an *,the ship may be considered for detention.
If the box No is ticked off for questions marked with an **, and if the deficiency found is repeated (occure more than 1 time), the ship
may be considered for detention.
