Paris MoU has announced it is ready for enforcement of the MLC, preparing the industry for what it terms will involve ‘more detailed inspections’ and the ‘possibility of detention in serious cases of non-compliance’. The note, issued on 12 August, just ahead of enforcement date of the MLC on 20 August, also clarifies which of its member states will be entitled to conduct inspections this year.

The note clarifies that MLC applies to all vessels engaged in commercial activities and that international certification is required for all ships of 500GT and over, making international voyages.

In answer to the question raised earlier on that industry were perhaps not clear how states yet to ratify would be viewed by Port State inspectors, the announcement highlights the Resolution adopted by The International Labour Organisation (ILO). This requests Port States to allow yachts to continue to operate without a Maritime Labour Certificate (and Declaration of Maritime Labour Compliance) during a period of one year after 20 August 2013. ILO has also invited the member States to take a pragmatic approach in this respect during the first year.

MLC has required much preparation ahead of 20 August 2013

It underlines that only members of the Paris MoU who have ratified the MLC on or before 20 August 2012 are entitled to conduct PSC inspections from 20 August 2013. These are: Bulgaria, Canada, Croatia, Cyprus, Denmark, Latvia, the Netherlands, Norway, Poland, the Russian Federation, Spain and Sweden.

Members of the Paris MoU who have ratified the MLC after 20 August 2012 will first be entitled to conduct PSC inspections 12 months after the date of this Members ratification.

It underlines what has previously been noted about ‘no more favourable treatment’ for non-ratifying States. “Under these circumstances, the ship will receive a more detailed inspection to ensure compliance with the MLC,” it states.

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