The New MLC Amendments
We have been reading many cases where vessels have been detained & banned from Countries due to breaches of MLC. One example is the recent issue by the Australian Maritime Safety Authority (AMSA) on 17 June 2022 who has banned a Liberian-flagged oil tanker AG Neptune from Australian ports for six months after receiving a complaint regarding the underpayment of seafarers and welfare issues.
During the inspection, AMSA found evidence that the employment agreement had not been met, the food and drinking water were not of appropriate quality, quantity, and nutritional value for seafarers, and seafarers were not provided with adequate medical care after being injured onboard.
During the Part II of the fourth meeting of the Special Tripartite Committee (STC) of the Maritime Labour Convention, 2006 (MLC, 2006) (the “meeting”) held from 5 to 13 May 2022, amendments to the MLC,2006 and resolutions were adopted, entering into force by December 2024. Seafarers have won significant concessions on connectivity, food, and personal protective equipment during negotiations for amendments to the Maritime Labor Convention, 2006 (MLC).
The New MLC Amendments are related to regulations 1.4, 2.5, 3.1, 3.2, 4.1, and 4.3 and Appendices A2-I and A4-I of the MLC, 2006 and were adopted to ensure that:
1. Seafarers have appropriately sized personal protective equipment (PPE) to accommodate the growing number of female seafarers.
2. Free drinking water of good quality is available for seafarers.
3. States shall further facilitate the prompt repatriation of abandoned seafarers.
4. States shall provide medical care to seafarers in need of immediate assistance and facilitate the repatriation of the remains of seafarers – who have died on board. Seafarers are informed of their rights relating to the obligation of recruitment and placement services to compensate seafarers for monetary losses; and
5. All deaths of seafarers are recorded and reported annually to the ILO and the relevant data is published.
6. Seafarers are informed of their rights regarding the obligation of recruitment and placement services to compensate seafarers for monetary losses. and
The adopted amendments will be implemented by the flag States. Therefore, Companies should seek information from their respective flag State(s) to update existing ISM/MLC procedures.
You can read and download the full text of MLC amendments at the below link: https://www.ilo.org/wcmsp5/groups/public/—ed_norm/—normes/documents/meetingdocument/wcms_845316.pdf
Should you need advice on changing your existing MLC processes based on the new MLC amendments, contact us at piraeus@margetis.com to learn more.
