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MLC 2006 certification

Polish Register of Shipping also provides MLC 2006 certification on behalf of several Administrations.

MLC 2006 applies to all ships whether privately or publicly owned, ordinarily engaged in commercial activities, other than ships engaged in fishing or in similar pursuits and ships of traditional build such as dhows and junks. The Convention does not apply to war ships and naval auxiliaries.

The aim of MLC 2006 is to constitute the fourth pillar for the maritime industry worldwide, along with other three conventions (MARPOL, SOLAS,  STCW).

PRS activities cover:

●   consideration, assessment and providing help in formulating DMLC Part II document,
●   inspecting the ship,
●   inspecting the crew manning office (private recruitment and placement services),
●   issuing the relevant certificate.

The MLC certification process is carried out as follows:

1. The Shipowner requests from the FlagStatethe ship-specific Declaration of Maritime Labour Compliance Part I (DMLC Part I). This DMLC Part I will contain the list of matters to be inspected, together with the reference to the national requirements of the Flag State and special requirements concerning the specific vessel, together with the substantial equivalences or exemptions granted by the Administration.

      Note: 
Along with such application Shipowner should provide the Flag State with the information specifying under which ILO Convention the vessel’s accommodation has been built (Recognized Organization which certified the superstructure/accommodation may be contacted in order to obtain the relevant certificate). Alternatively PRS may carry out relevant survey to issue the statement, if required by Flag.
If any substantial equivalences are to be applied or any exemptions should be issued, request for them should also be forwarded together with the request for issuance of DMLC Part I.

2. Upon receiving the DMLC Part I from the FlagState, the Shipowner develops the DMLC Part II, which must contain the measures adopted to ensure the ongoing compliance with the national legislation between the inspections and the measures proposed to ensure that there is continuous maintenance and improvement.

3. The DMLC Part II prepared by the Shipowner, together with the DMLC Part I and formal request for certification should be submitted to PRS for review and approval. At this stage, the correspondence between the Shipowner and PRS will take place. PRS will verify if the measures proposed by the Shipowner are correct and sufficient and that they are in compliance with the provisions of the Convention and DMLC Part I.

      Note:
PRS will request the specimens of the Seafarers Employment Agreements, Collective Bargaining Agreements, if any and also the ISM Manual to be submitted in order to ascertain that they are not in contradiction to MLC provisions.

4. Where it has been ascertained that the DMLC Part II complies with DMLC Part I and the Convention, and also having satisfied that the Seafarers are recruited meeting the requirements of the Convention, PRS will issue the Letter of Review of the DMLC Part II and will notify the Shipowner of the readiness to carry out the onboard initial MLC inspection.

5. During initial inspection, inspector will verify that the Shipowner has implemented the measures proposed in the DMLC Part II. The inspector on board will verify if the documentation and various entries documenting the ongoing compliance with the Convention regulations are being made.

6. On successful completion of the initial inspection, the inspector will sign and stamp the DMLC Part II and will issue the Maritime Labour Certificate.

      Note:
This certificate needs to be carried on board at all times and shall be supplemented by DMLC (DMLC Part I and Part II). DMLC should be posted in the conspicuous places on the vessel.

Certificate is issued for the period of 5 (five) years and is subject to one intermediate inspection between second and third anniversary.
Certificate is renewed on the basis of the renewal inspection to be carried out not more than three months before expiry date. If the renewal inspection is carried out more than three months before expiry date of the existing certificate, new certificate will be valid for five years from the date of completion of the renewal inspection.
Additional inspection may be required if there are clear grounds of non-compliance with the Convention (PSC deficiencies or recommendations/deficiency cards issued during intermediate or renewal inspection).

Interim inspection may be carried out in the following cases:

- new ship on delivery;
- new Shipowner assumes responsibility for the vessel that is new to this Shipowner;
- a vessel changes flag.

PRS also offers certification of the private seafarers recruitment and placement offices. Information and offer for this activity may be provided on request.