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The 2022 amendments to MLC 2006, adopted at the ILO 110th session in Geneva, will enter in force from 23rd December 2024. Here below we report the most relevant changes:
Recruitment and Placement
Further protection for seafarers if a recruitment or placement agent fails to meet its obligations under the seafarer’s employment agreement. Seafarers should be informed of their rights, prior to or in the process of engagement.
Repatriation
Flag and Port states must be proactive in facilitating and assisting seafarers who require repatriation, including those deemed abandoned. This includes replacement seafarers, who shall be afforded the same rights under the MLC 2006. Responsibility for replacement seafarers shall be on Port state, flag state and labor supplying states.
Accommodation and Recreational Facilities
Appropriate recreational facilities, amenities, and services, including telephone and internet services shall be provided. Any charge for the use ship to shore telephone or internet should be reasonable in amount.
Internet access should also be provided by States to seafarer’s on-board ships in their ports and at anchorage, with any charge for same again being reasonable in amount.
The ILO hopes that this amendment will have a positive impact on seafarers’ mental health.
Food and Catering
Adequate supplies of food and drinking water shall be on board, considering the number of seafarers on board, religious requirements, and cultural practices. The duration and nature of the voyage shall be suitable in respect of quality, nutritional value, variety and shall be provided free of charge during the period of engagement. Organization and equipment of the catering department shall be as such to permit meals to be prepared and served in hygienic conditions.
Medical care on board ship and ashore
States to ensure prompt disembarkation of seafarers in need of immediate medical care and access to medical facilities ashore. Where a seafarer has died on board, the State in whose territory the death has occurred (including its territorial waters) or into whose territory the ship next enters, shall facilitate the repatriation of the remains.
Seafarers should not be prevented from disembarking for public health reasons and ships should be permitted to replenish their stores, fuels, water, food and supplies.
Health and safety protection and accident prevention
There should be provision for appropriately sized personal protection equipment and measures in place to reduce the risk of exposure to harmful levels of ambient factors and chemicals. (In particular to suit the women seafarers)
All deaths of seafarers should be adequately investigated and recorded by the flag state of the ship and reported on an annual basis to the ILO.
Evidence of financial security
This is the Amendment involving the Certificates of Financial Security under Regulation 2.5.2 Standard A2.5.2 and Regulation 4.2. Standard A4.2.1 paragraph 1 (b) of the Maritime Labour Convention 2006 (as amended) (“MLC Certificates”)
The provision of adding registered owner's name, if different from the shipowner.
This amendment will now formally confirm the position that already exists between the International Group and Member States, making it clear to port state control officers that MLC financial security certificates are compliant if issued to either the shipowner or the Registered Owner.
This will rectify cases where previously certain PSCOs noted deficiencies if the entity named on a vessel's Declaration of Maritime Labour Compliance did not match to that of the entity named in the MLC financial security certificates issued by the IG P&I clubs
IG P&I Clubs will continue issuing MLC financial security certificates in the name of the Registered Owner.
