Changes to the MLC 2006 Convention

Amendment to the Code relating to Regulation 1.4 – Recruitment and placement

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Standard A1.4 – Recruitment and placement

 

Replace paragraph 5(c)(vi) by the following:

 

(vi) establish a system of protection, by way of insurance or an equivalent appropriate measure, to compensate seafarers for monetary loss that they may incur as a result of the failure of a recruitment and placement service or the relevant shipowner under the seafarers’ employment agreement to meet its obligations to them, and ensure that seafarers are informed, prior to or in the process of engagement, of their rights under that system.

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Amendment to the Code relating to Regulation 2.5 – Repatriation

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Standard A 2.5.1 – Repatriation

Insert new paragraph 9 and renumber the subsequent paragraph:

 

9. Members shall facilitate the prompt repatriation of seafarers, including when they are deemed abandoned within the meaning of Standard A2.5.2, paragraph 2. Port States, flag States and labour-supplying States shall cooperate to ensure that seafarers engaged on a ship to replace seafarers who have been abandoned in their territory, or on a ship flying their flag, shall be accorded their rights and entitlements under this Convention.

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Amendments to the Code relating to Regulation 3.1 – Accommodation and recreational facilities

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Standard A3.1 – Accommodation and recreational facilities

Replace paragraph 17 by the following:

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17. Appropriate seafarers’ recreational facilities, amenities and services, including social connectivity, as adapted to meet the special needs of seafarers who must live and work on ships, shall be provided on board for the benefit of all seafarers, taking into account Regulation 4.3 and the associated Code provisions on health and safety protection and accident prevention.​

 

 

Guideline B3.1.11 – Recreational facilities, mail and ship visit arrangements

 

Replace paragraph 4(j) by the following:

 

(j) reasonable access to ship-to-shore telephone communications, where available, with any charges for the use of these services being reasonable in amount.

 

Insert new paragraph 8:

 

8. Shipowners should, so far as is reasonably practicable, provide seafarers on board their ships with Internet access, with charges, if any, being reasonable in amount.

 

Guideline B4.4.2 – Welfare facilities and services in ports

 

Insert new paragraph 5 and renumber the subsequent paragraphs:

5. Members should, so far as is reasonably practicable, provide seafarers on board ships in their ports and at their associated anchorages with Internet access, with charges, if any, being reasonable in amount.

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Amendments to the Code relating to Regulation 3.2 – Food and catering

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Standard A3.2 – Food and catering

Replace paragraphs 2(a) and (b) by the following:

 

(a) food and drinking water supplies, having regard to the number of seafarers on board, their religious requirements and cultural practices as they pertain to food, and the duration and nature of the voyage, shall be suitable in respect of quantity, nutritional value, quality and variety, and shall be provided free of charge during the period of engagement;

(b) the organization and equipment of the catering department shall be such as to permit the provision to the seafarers of adequate, varied, balanced and nutritious meals prepared and served in hygienic conditions; and

Replace paragraph 7(a) by the following:

(a) supplies of food and drinking water in relation to their quantity, nutritional value, quality and variety;

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Amendments to the Code relating to Regulation 4.1 – Medical care on board ship and ashore

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Standard A4.1 – Medical care on board ship and ashore

Insert new paragraphs 5 and 6:

 

5. Each Member shall ensure prompt disembarkation of seafarers in need of immediate medical care from ships in its territory and access to medical facilities ashore for the provision of appropriate treatment.

6. Where a seafarer has died during a ship’s voyage, the Member in whose territory the death has occurred or, where the death has occurred on the high seas, into whose territorial waters the ship next enters, shall facilitate the repatriation of the body or ashes by the shipowner, in accordance with the wishes of the seafarer or their next of kin, as appropriate.

 

Guideline B4.1.3 – Medical care ashore

Insert new paragraphs 4 and 5:

 

4. Each Member should ensure that seafarers are not prevented from disembarking for public health reasons, and that they are able to replenish ships’ stores, fuel, water, food and supplies.

5. Seafarers should be considered to be in need of immediate medical care in cases of, but not limited to:

(a) any serious injury or disease;

(b) any injury or disease which might lead to temporary or permanent disability;

(c) any communicable disease which poses a risk of transmission to other members of the crew;

(d) any injury involving broken bones, severe bleeding, broken or inflamed teeth or severe burns;

(e) severe pain which cannot be managed on board ship, taking account of the operational pattern of the ship, the availability of suitable analgesics and the health impacts of taking these for an extended period;

(f) suicide risk; and

(g) a tele-medical advisory service recommending treatment ashore.

 

Guideline B4.1.4 – Medical assistance to other ships and international cooperation

Replace paragraph 1(k) by the following:

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(k) arranging for the repatriation of the bodies or ashes of deceased seafarers, in accordance with their wishes or those of their next of kin, as appropriate, and as soon as practicable.

 

Amendment to the Code relating to Regulation 4.3 – Health and safety protection and accident prevention

 

Standard A4.3 – Health and safety protection and accident prevention

 

Replace paragraph 1(b) by the following:

(b) reasonable precautions to prevent occupational accidents, injuries and diseases on board ship, including through the provision of all necessary appropriately-sized personal protective equipment and measures to reduce and prevent the risk of exposure to harmful levels of ambient factors and chemicals, as well as the risk of injury or disease that may arise from the use of equipment and machinery on board ships; art II/20

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Amendments to the Code relating to Regulation 4.3 – Health and safety protection and accident prevention

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Standard A4.3 – Health and safety protection and accident prevention

 

Replace the chapeau of paragraph 5, insert new paragraph 5(a) and renumber the subsequent subparagraphs:

5. Each Member shall ensure that:

(a) all deaths of seafarers employed, engaged or working on board ships that fly its flag are adequately investigated and recorded, and reported on an annual basis to the Director-General of the International Labour Office to be published in a global register;

 

Guideline B4.3.5 – Reporting and collection of statistics

Insert new paragraphs 4 and 5:

 

4. The fatality data to be reported under subparagraph (a) of paragraph 5 of Standard A4.3 should be in the format, and using the classification, as specified by the International Labour Office.

5. The fatality data should include, but not be limited to, information on the type (classification) of death, ship type and gross tonnage, location of fatality (at sea, in port, at anchorage), and seafarer’s sex, age, occupational position and department.

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Amendments to Appendices

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Appendix A2-I – Evidence of financial security under Regulation 2.5, paragraph 2

Replace item (g) by the following:

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(g) name of the shipowner, or of the registered owner if different from the shipowner;

 

Appendix A4-I – Evidence of financial security under Regulation 4.2

Replace item (g) by the following:

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(g) name of the shipowner, or of the registered owner if different from the shipowner;

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Noyan Mutlugil