C5.3.h. If a ship’s Maritime Labour Certificate and Declaration of Maritime Labour Compliance appear to be in order can there be any further inspection?

In accordance with Regulation 5.2.1, paragraph 2, and Standard A5.2.1, paragraph 1 of the MLC, 2006 the Maritime Labour Certificate and the Declaration of Maritime Labour Compliance must be accepted as prima facie evidence of compliance with the requirements of the Convention. Accordingly, the inspection in ports must be limited to a review of the certificate and declaration except in the following four cases:

(a) the required documents are not produced or maintained or are falsely maintained or the documents produced do not contain the information required by the Convention or are otherwise invalid; or

(b) there are clear grounds for believing that the working and living conditions on the ship do not conform to the requirements of the Convention; or

(c) there are reasonable grounds to believe that the ship has changed flag for the purpose of avoiding compliance with the Convention; or

(d) there is a complaint alleging that specific working and living conditions on the ship do not conform to the requirements of this Convention.

In any of those cases a more detailed inspection may be carried out to ascertain the working and living conditions on board the ship. Such inspection must in any case be carried out where the working and living conditions believed or alleged to be defective could constitute a clear hazard to the safety, health or security of seafarers or where the authorized officer has grounds to believe that any deficiencies constitute a serious breach of the requirements of this Convention (including seafarers’ rights) [see C5.3.j.].

Port State responsibilities