Adapting European Legislation to the Maritime Labour Convention 2006 Regulations in Relation to the State Responsibilities of Both the Flag State and the Control of Ships by Port State Control

Sara Ruano Albertos,Arántzazu Vicente Palacio

doi:10.4236/blr.2013.44018

Abstract

The Maritime Labour Convention (MLC) 2006, which will come into force as of 20 August 2013, contemplates a new system to guarantee its regulations are being applied by including Port State Control with traditional Flag State control. The European Union has incorporated the MLC 2006 into its legislation through an agreement reached with its European social agents, as a Directive, in virtue of Article 115 of the Court of Justice of the European Commission. Thus fulfilment of the MLC 2006 has become compulsory for all EU Member States. However, it has not yet been ratified and, besides, it is subjected to certain community Port State and Flag State control mechanisms, which improve the optional character with which they are contemplated in international regulations. This work briefly explains not only the community acceptance process and its consequences, but also the effectiveness that the Port State control’s system, established in the community area, has had in 2011. The control of labour and social security conditions will soon benefit from this effectiveness.

Highlights

The Maritime Labour Convention 2006 adopted on 23 February 2006 by the International Labour Organization (ILO) during its 10th
It should be noted that the ILO members which do not ratify the new Maritime Labour Convention (MLC) 2006 will be committed to former conventions which would have been ratified, these instruments would become invalid in the light of new ratifications when the new Convention came into being; that is to say, twelve months after their ratification by 30 ILO members, whose fleets represent no less than 33% of the deadweight tonnage of the world’s fleet
The controls carried out by governing Port States are absolutely necessary to guarantee that these working conditions apply

Summary

Introduction

The Maritime Labour Convention 2006 (referred to as the MLC 2006 ) adopted on 23 February 2006 by the International Labour Organization (ILO) during its 10th. The following two conditions have already been met: ratification by Russia and the Philippines—in August 2012—determined the fulfilment of the ratification requirement by at least 30 ILO member countries, plus the requirement referring to the countries ratifying it representing at least 33% of the gross tonnage of the world’s merchant fleet for the year 2009; only the corresponding 12-month period having to pass would be necessary for it to come into force In any case, this Convention, considered the fourth pillar upon with the international regulate regime along with the SOLAS, the STCW and the MARPOL Convention, meets three relevant objectives: firstly, it establishes a series of principles and rights, as laid down in the Articles and Regulations; secondly, it confers Member States a considerable degree of flexibility as to the way they apply these principles and rights through the Code; thirdly, it ensures that the application and the control of the application of these principles and rights are adequately carried out. The Maritime Labour Convention 2006: The Inspection System by the Flag State and Control

Inspections by the Port State Control

Findings

Conclusion