MLC 2006 & STCW
Maritime Labour Convention (MLC), 2006
The Merchant Shipping Directorate would like to inform all concerned that Malta ratified the Maritime Labour Convention, 2006 (MLC) on 18 January 2013 and shall enter into force for Malta on 20 August 2013. The MLC has been transposed into domestic legislation through the Merchant Shipping (Maritime Labour Convention) Rules, 2013.
Seafarers Training, Certification and Watchkeeping (STCW) Convention
In terms of law, certification of seafarers is the responsibility of the Registrar-General of Shipping and Seamen. Certificates of competence are issued only after successful completion of approved courses of training and, examinations held in Malta conducted to very rigorous standards. Although over these last 25 years there has been a steady stream of seafarers who have qualified for the issue of these certificates, the total number of certificated personnel remains rather small. With the coming into force of STCW 95 there has been a substantial expansion of the work of the Merchant Shipping Directorate to deal with the formal recognition of a large number of foreign certificated seafarers serving on Maltese ships.
GUIDELINES ON THE ISSUE OF A MALTESE SEAMANS RECORD BOOK
The Record Book is available to all seafarers who are engaged or shall be engaged on ships registered under the Merchant Shipping Act, to Maltese Nationals and to holders of Maltese Certificates of Competency.
Applications for a Maltese Seamans Record Book shall be submitted to the Merchant Shipping Directorate, either by the seafarer or by the company employing the seafarer. Applications shall be accompanied by such documents as may be prescribed on the application form, including:
Documents of qualification to be entered in the Seamans Record Book;
Documentary evidence of valid basic training certificates as per STCW Regulation VI/1;
A statement by the Master or employer on an official form or headed paper evidencing engagement on a Malta flagged ship;
Proof of identification (copy of passport or identity card);
Two (2) passport size photographs - Photographs are to be taken in full face, without a hat/cap and should be printed on normal photographic paper, unmounted. The photographs should be of clear exposure;
Relative fee of 60; if secure delivery by courier is required, additional 25;.
To apply for a renewal, kindly file all the above documents, together with the completed Seamans Record Book;
To apply for a replacement, a declaration explaining the loss or defacement of the Seamans Book. Should the original Seamans Book be found (if declared lost) it should be immediately returned to the Authority.
Applicants will be informed if one of the above requirements is not filed. Applications would be discarded within 15 days from request if the missing requirements are not submitted.
Applications should be submitted either by email in PDF format to firstname.lastname@example.org or by courier, traditional mail, through the ship owners local representative or delivered personally to the Seafarer Certification Unit within the Merchant Shipping Directorate. Requests for submission of applications at a Maltese Embassy or a Maltese Consulate may be considered on a case by case basis.
The Seamans Record Book will be delivered to the address given by the applicant in the space provided in the form.
The Merchant Shipping Directorate would like to inform all concerned that Malta ratified the Maritime Labour Convention, 2006 (MLC) on 18 January 2013. The Convention entered into force for Malta on 20 August 2013. The MLC has been transposed into domestic legislation through the Merchant Shipping (Maritime Labour Convention) Rules, 2013. A copy of the Rules may be downloaded from here.
The MLC aims to achieve both favorable working conditions for seafarers and secure economic interests in fair competition for quality shipowners. The new Convention consolidates and updates more than 68 international labour standards related to the maritime sector adopted over the last 80 years. The MLC sets out seafarers rights to favorable conditions of work on a wide range of subjects and aims to be globally applicable, easily understandable, readily updatable and uniformly enforced. It has been designed to become a global instrument known as the "fourth pillar" of the international regulatory regime for quality shipping, complementing the key Conventions of the International Maritime Organization (IMO).
Procedure to obtain certification under MLC, 2006
The Directorate has published Merchant Shipping Notice 105 Rev.1, Guidelines for the implementation of the Maritime Labour Convention, 2006. The shipwoner shall submit an application for the issuance of the application of the DMLC. Based on the information supplied by the shipowner this Directorate will issue the DMLC Part I for the ship. A copy of the declaration may either be collected from Merchant Shipping Directorates offices through the local representatives or sent by mail/courier to the shipowner.
Upon issuance of the DMLC part I, the shipowner shall complete the DMLC Part II and must identify the measures adopted to ensure ongoing compliance with national legislation and Convention. The recognized organization of the ship shall ascertain compliance with the national legislation and the requirements of the Convention, by examination of the DMLC Part II.
Upon completion of the DMLC Part I and Part II, a Maritime Labour Certificate will be issued by the recognized organization on completion of a satisfactory initial inspection valid for a period not exceeding five years.
Publications required to be on board
- The Maritime Labour Convention, 2006
- Merchant Shipping (Maritime Labour Convention) Rules, 2013
- MS Notice 105 Rev.1 Guidelines for the Implementation of the Maritime Labour Convention, 2006
- ILO publication - Accident Prevention at Sea and in Port
- ILO publication - Ambient Factors in the Workplace
- WHO publication - International Medical Guide for Ships, Latest Edition
- WHO publication - Guide to Ship Sanitation, Latest Edition
- ILO publication - Recording and Notification of Occupational Accidents and Diseases
- IMO - Medical First Aid Guide for use in Accidents Involving Dangerous Goods, Latest Edition
- IMO - International Code of Signals, Latest Edition
- IAMSAR Manual Vol.3, Latest Edition
- IMO MSC-MEPC.2/Circ.3 dated 5 June 2006 Guidelines on the Basic Elements of a Shipboard Occupational Health and Safety Program
- Maritime Labour Convention, 2006
- Guidelines for flag State inspections under MLC, 2006
- Guidelines for port State control officers under MLC, 2006
- ILO Model format for a table of shipboard working arrangements
- ILO Model format for record of hours of work or hours of rest of seafarers
Merchant Shipping Directorate
Malta Transport Centre
Ħal Lija, LJA 2021
Tel: +356 2125 0360
Fax: +356 2124 1460
Verification of Certificates
STCW Certificates issued by the Merchant Shipping Directorate may be authenticated by scanning the QR code found on the front of each certificate.
Certification of Seafarers
In terms of law, certification of seafarers is the responsibility of the Registrar-General of Shipping and Seamen. Certificates of competence are issued only after successful completion of approved courses of training including examinations held in accredited training centres to the highest standards.
The Maltese Administration has undertakings in terms of Regulation I/10 of the STCW Convention with a significant number of recognised maritime Administrations for the mutual recognition of seafarer certificates. An Endorsement attesting the recognition of a Certificate of Competence by a foreign Administration may be issued only after having verified that all certificates presented for endorsement are valid and authentic.
Malta has acceded to IMO Convention STCW 1978, as amended. Maltese ships are subject to the provisions of the Merchant Shipping Act and ancillary regulations concerning the competency of officers and seamen.
There are no restrictions imposed on the nationality of the master, officers and crew engaged on Maltese Ships.
A Valid Minimum Safe Manning Certificate must be carried by all Maltese merchant ships of 500 gross tonnage and over. On the entry of a ship in the Malta register, the Merchant Shipping Directorate will issue a Minimum Safe Manning Certificate valid for five years from the date of provisional registration. Thereafter, prior to the expiry of the certificate or upon any change in the equipment, construction, management or trading of the ship, the Directorate will issue a new certificate, again valid for the remaining five years, to coincide with the date of the renewal of the certificate of registry.
The minimum safe manning guidelines shown below incorporate the principles contained in IMO Resolution A.1047(27). Specific requirements may be considered on the basis of a risk assessment and detailed application.
Whilst the Minimum Safe Manning Certificate only stipulates the minimum certification required on board, it is expected that, in accordance with the Manila Amendments, all seafarers will be fully qualified for their respective roles encompassing all aspects of maintaining safe operations on board - and therefore in possession of correct and valid STCW certification. In this respect it is expected that a number of seafarers be qualified as Able Seafarers and therefore certified according to STCW II/5 and III/5, notwithstanding our minimum requirements.This of course also applies to any electro-technical ratings or officers that may be engaged. Note that Electro-technical Officers require a Maltese Endorsement.
Certificates of competence are issued only after successful completion of approved courses of training and, examinations held in Malta.
The Maltese Administration has entered into bilateral agreements with a number of foreign maritime Administrations for the recognition of certificates of competence issued to seafarers after having ascertained that such certificates are issued in full compliance with the STCW Convention.
Conditions of Employment
- A contract of employment in the form of a crew agreement must be made between the master and seamen.
- A crew agreement must contain the following details:
- Personal details of each member of the crew;
- The time at which each seafarer is to be onboard or to begin work;
- The capacity in which each seafarer is to serve;
- The amount of wages for each seafarer;
- Agreed leave;
- Disciplinary provisions;
- A list of persons under the age of 18 years and their birth dates
Minimum Safe Manning Guidelines for Cargo Ships
|Gross Tonnage||Under 500||500 - 999||1000 - 1599||1600 - 2999||3000 - 4999||5000 - 14999||15000 & Over|
|Officer in Charge of a Navigational Watch||-||1(1)||1(1)||1||1||2||2|
|(1) In Restricted, Trading, One Deck Officer may be omitted|
Note: At least two Deck Officers muct be holders of a recognised GMDSS General Operators Certificate (G.O.C), or otherwise vessel must carry a Dedicated Radio Officer, holder of at least recognised GMDSS General Operators Certificate (G.O.C)
|Kilowatts||350 - 750||751 - 1500||1501 - 3000||3001 - 7450||7451 - 11200||11201 & Over|
|(1) On ships with UMS documentary evidence, one Second Engineer may be omitted|
|Officer in Charge of an Engineering watch||-||-||1(2)||1(2)||1(2)||2(2)|
|(2) On ships with UMS documentary evidence, one Engineer Officer may be omitted|
|(3) On ships with UMS documentary evidence, one Engine Rating may be omitted|
Download the Minimum Safe Manning Guidelines here.