C5.2.3.e. How detailed should Part I of the Declaration of Maritime Labour Compliance (DMLC) be?

The main requirements for Part I of the DMLC are set out in Standard A5.1.3, paragraphs 9 and 10 of the MLC, 2006. They can be summarized as follows:

It must be drawn up by the competent authority [see A25.] in the form corresponding to the model in Appendix A5-II. It must:
(i) identify the list of matters to be inspected in accordance with the MLC, 2006 (i.e., the 16 areas listed in Appendix A5-I) [see C5.2.3.b.];
(ii) identify, in each of those areas, the national requirements embodying the relevant provisions of the Convention by providing a reference to the relevant national legal provisions as well as, to the extent necessary, concise information on the main content of the national requirements;
(iii) refer to ship-type specific requirements under national legislation;
(iv) record any substantially equivalent provisions [see A11.]; and
(v) clearly indicate any exemption granted by the competent authority as provided in Title 3.

Questions have been asked as to how detailed should be the statement on the national requirements which is to be provided under item (ii) above “to the extent necessary”. Guidance is provided in Guideline B5.1.3, paragraph 1, as follows:

… Where national legislation precisely follows the requirements stated in this Convention, a reference may be all that is necessary. Where a provision of the Convention is implemented through substantial equivalence as provided under Article VI, paragraph 3, this provision should be identified and a concise explanation should be provided.

However, when preparing Part I of the DMLC, it is important to keep in mind the additional guidance and statement of the purpose of the DMLC, as explained in Guideline B5.1.3, paragraph 4:

The declaration of maritime labour compliance, should, above all, be drafted in clear terms designed to help all persons concerned, such as flag State inspectors, authorized officers in port States and seafarers, to check that the requirements are being properly implemented.

A general observation adopted in 2015 by the Committee of Experts on the Application of Conventions and Recommendations has noted that “in many cases a reference will not provide enough information on national requirements where they relate to matters for which the Convention envisages some differences in national practices. Similarly, the Committee noted that many of the examples of an approved DMLC, Part II (a document which is intended to identify the measures adopted by shipowners to implement the national requirements), also often contain only references to other documents. Unless all of these referenced documents are carried on board ship and are easily accessible to all concerned, it would be difficult for port State control officers or seafarers to understand what the national requirements are on these matters. In these cases, the DMLC, Part I, does not appear to fulfil the purpose for which it, along with the DMLC, Part II, is required under the Convention, which is to help all persons concerned, such as flag State inspectors, authorized officers in port States and seafarers, to check that the national requirements on the [16] listed matters are being properly implemented on board ship.”. The example of a DMLC, Parts I and II, given in Appendix B5-I to the MLC, 2006 may also be helpful.

Although Part I of the model DMLC does not require the following information, in light of the importance and purpose of the DMLC, it may be advisable to also include information about determinations with respect to who is considered to be a seafarer [see B1.] and the definition of night [see C1.1.c.] and of hazardous work [see C1.1.b.] if seafarers on board are below the age of 18. This would be done to avoid uncertainty during inspections.

Flag State responsibilities