C5.2.4.a. Are there any model guidelines for flag State inspectors?

Standard A5.1.4, paragraph 7 of the MLC, 2006 requires inspectors to be issued with clear guidelines as to the tasks to be performed and be provided with proper credentials. In 2008 tripartite meetings of experts adopted the Guidelines for flag State inspections under the Maritime Labour Convention, 2006 ⁷² to assist countries to implement Title 5 of the MLC, 2006. This was in response to a resolution adopted by the ILC at the same time as the MLC, 2006. The resolution explained that the success of the Convention will depend, among others, upon the uniform and harmonized implementation of flag State responsibilities in accordance with its relevant provisions, and that given the global nature of the shipping industry, it is important for flag State inspectors to receive proper guidelines for the performance of their duties. In 2018, the Special Tripartite Committee established under the MLC, 2006 [see A22.] decided to establish a subsidiary body in charge of updating the ILO Guidelines in order to reflect the amendments to the Code of the MLC, 2006. The new Guidelines should be published by November 2020.

Each country may have its own practices relating to flag State inspection. The international guidelines are designed to be of practical assistance to governments in drafting their own national guidelines.

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Flag State responsibilities