The delay by one of the biggest maritime nations - 50 per cent of the superyacht fleet are said to be registered to Red Ensign flags – raises questions over how Port State Control will view UK flagged vessels from August this year as they prepare for their later deadline and whether they will be subject to delays and detainment at Port.
“We wait to see what attitude Port State Control take in different regions, but there is undoubtedly a risk that there will be more detailed inspections and therefore delays, for ships flagged by non-ratifying States,” noted Clyde & Co in Countdown to August 2013 - problem areas of the MLC.
Although the UK is now a ratifying state, it is still not entirely clear how yachts registered with flags yet to receive the UK's approval will fare at Port state when they cannot produce a ready certificate of MLC compliance.
"Until all the relevant jurisdictions have passed into law the appropriate legislation, those relevant flag states are not going to be able to issue certificates of compliance. So, potentially a jurisdiction could look at it, and say, 'the UK has ratified and it's just the mechanics of getting legislation in,'" said Peter Roser, senior associate at Clyde & Co. "It may attract closer attention, but it may not do. It's more likely to raise eyebrows," he added.
Cayman Islands, which is one of the remaining eleven flags to get the UK's approval, says that there will be no problems, however, in the interim: “The Cayman Islands has been implementing the MLC fully into its national legislation, which we expect to formally publish shortly. Therefore, we do not anticipate any negative impact on our ships or operators,” read a statement.
What has emerged from the slow ratification is criticism on the Maritime Coastguard Agency (MCA), the UK government agency responsible for the form of the UK legislation enacting the MLC.
“The MCA’s interpretations of conventions don’t always agree with everyone else’s view,” commented a UK-based yacht manager. "There still seems to be some prevarication in what their policies actually are. And there’s a lack of clarity more than anything else."
Mark Dickinson, General Secretary of Nautilus, has also said the UK’s hold up on MLC was “embarrassing” and Britain's RMT Union (National Union of Rail, Maritime and Transport Workers) was critical this week:
"RMT welcomes ratification by the UK of this convention albeit we are disappointed that the government is way behind less prominent maritime nations on this important move,” said RMT General Secretary, Bob Crow.
The International Labour Organisation's (ILO) Maritime Labour Convention (MLC), 2006 provides comprehensive rights and protection at work for the world's more than 1.2 million seafarers. The new labour standard consolidates and updates more than 68 international labour standards related to the Maritime sector produced over the last 80 years.
Transcripts from Superyacht Management Meeting - Port State Control & Security can be downloaded from Superyacht Events website here