C5.3.r. Should a ship flying the flag of a member State holding an expired Maritime Labour Certificate (MLC) or interim MLC or not having on board an MLC or DMLC or interim MLC be recorded as a deficiency in a PSC report?

Under the MLC, 2006, the failure of a ship of a ratifying country to have a valid MLC on board could be understood as a breach of flag State law implementing the MLC, 2006. The consequence under the MLC, 2006 in the context of port State control is that failure to have a valid certificate could result in a more detailed inspection during port State control. However, it may be that under a regional PSC Memorandum failure to have on board a valid certificate is considered a deficiency.

Port State responsibilities