All inspections must be carried out in accordance with the Maritime Labour Convention, 2006, and with due regard to the International Labour Organisation’s (ILO) document Guidelines for Flag State Inspections under the Maritime Labour Convention, 2006.
An RO is authorised to carry out any examination, test or inquiry considered necessary to determine whether the standards of the MLC 2006 are being strictly observed.
All ships to which the MLC 2006 applies of 500 gross tonnage or over, engaged in international voyages or operating from a port, or between ports, in another country must be certified for compliance with the 16 areas of the Convention subject to mandatory inspection. The 16 areas are set out in the DMLC, Part I, drawn up by the DMA.
All persons inspecting under the MLC 2006 must have appropriate knowledge of ship operations, including:
- minimum requirements for seafarers to work on a ship;
- conditions of employment;
- recreational facilities;
- food and catering;
- accident prevention;
- health protection;
- medical care; and
- welfare and social security protection.
When an inspection is conducted or when measures are taken under the MLC 2006, the RO must make all efforts reasonable to avoid a ship being unreasonably detained or delayed.
All inspections must be conducted in consideration of the right to privacy and the need to protect confidentiality.
The MLC requirements relating to ship construction and equipment apply only to ships constructed on or after 20 August 2013. As regards ships constructed before that date, the requirements or national standards implementing the ILO requirements applicable on the date of a ship’s construction must continue to apply. A ship is deemed to have been constructed on the date when its keel is laid or when it is at a similar stage of construction.
For existing Danish ships built before 20 August 2013, the requirements for a ship’s construction and equipment need not be subject to renewed plan approval by an RO with the entry into force of the MLC 2006. This is, however, subject to an owner’s declaration that the ship’s construction and equipment have not been substantially altered since the initial approval by the DMA.
Upon the transfer of ships built before 20 August 2013 to the Danish flag, construction and equipment must be subject to plan approval to verify compliance with the applicable ILO standards under the law and practice of the DMA.
4.1 Initial inspections
Initial inspections must be conducted to ensure compliance with the national requirements drawn up in the DMLC, Part I, implementing the MLC 2006. All existing Danish flagged ships must undergo an initial inspection and receive a Maritime Labour Certificate within one (1) year of the enforcement date.
To verify that the national requirements are complied with and that the ship owner’s measures have been correctly implemented and are being followed, an RO must obtain supporting objective evidence by:
inspecting the relevant areas of the ship;
examining further documentation, such as passports or other official documents, medical certificates, training records, crew lists and payroll records, seafarer employment agreements, safe manning documents and work and rest schedules; and
interviewing in private a representative number of seafarers, taking account of the need to preserve confidentiality and of the seafarers’ work and rest schedules.
4.2 Intermediate inspections
Intermediate inspections must be conducted to ensure continuing compliance with the national requirements implementing the MLC 2006. An intermediate inspection must be conducted between the second (2nd) and third (3rd) anniversary dates1 of the Maritime Labour Certificate.
The scope and depth of the intermediate inspection must be equal to an inspection for renewal of the Maritime Labour Certificate.
The Maritime Labour Certificate must be endorsed by the RO following a satisfactory intermediate inspection.
4.3 Renewal inspections
Renewal inspections must encompass inspections for all requirements and be completed as follows:
When the renewal inspection is completed within three (3) months before the expiry of the existing Maritime Labour Certificate, the new Maritime Labour Certificate must be valid from the date of completion of the renewal inspection for a period not exceeding five (5) years from the date of expiry of the existing Maritime Labour Certificate.
When the renewal inspection is completed more than three (3) months before the expiry date of the existing Maritime Labour Certificate, the new Maritime Labour Certificate must be valid for a period not exceeding five (5) years starting from the date of completion of the renewal inspection.
Exemptions granted at the owner’s request in accordance with the MLC 2006, Title 3, on accommodation, recreational facilities, food and catering must be approved by the DMA.
1 Anniversary date means the day and month of each year corresponding to the date of expiry of the Maritime Labour Certificate.
Owners’ requests for exemptions must be submitted, accompanied by a motivated application from the RO.