C5.3.g. What is to be inspected during port State control?

The purpose of the inspection by PSCOs is to determine whether a ship is in compliance with the requirements of the Convention (including seafarers’ rights) (Article IV, paragraph 5). These requirements are laid down in the Articles and Regulations and in Part A (Standards) of the Code of the MLC, 2006 relating to the working and living conditions of seafarers on the ship (Regulation 5.2.1, paragraphs 1 and 3). Part B (Guidelines) of the Code of the MLC, 2006 is not subject to inspection by port State control. Port State control inspections are, in principle, concerned with the 16 areas [see C5.2.3.b.] of working and living conditions on the ship (Standard A5.2.1, paragraph 2) that are listed in Title 5, Appendix A5-III of the MLC, 2006 and are to be certified by flag States as being in compliance with the related requirements of the Convention. However, the PSCO may also take action in the case of non-compliance with any other requirement of the Convention relating to working and living conditions (Regulation 5.2.1, paragraph 1).

The details for the implementation of the MLC, 2006 requirements are to be prescribed, in accordance with the Convention, in the national laws or regulations, collective agreements or other measures in the flag State concerned. On ships carrying a Maritime Labour Certificate, a summary of the relevant national standards adopted to implement the MLC, 2006 in the 16 areas referred to will be set out in Part I of the DMLC attached to the certificate. These 16 areas of flag State certification (listed in Appendix A5-I to the MLC, 2006) are the same as the 16 areas that are in principle to be covered by a port State control inspection (listed in Appendix A5-III). As indicated below, the Maritime Labour Certificate and the DMLC should be the starting point in the inspection process as they constitute prima facie evidence that the ship is in compliance with the requirements of the MLC, 2006 (including seafarers’ rights).

PSCOs may also be entrusted with handling and investigating complaints made by seafarers on ships visiting their ports. If complaint handling is not part of their functions, they should be able to direct seafarers to the competent official for handling complaints or to receive complaints for transmittal to the competent official.

Port State responsibilities