Circulars
  • Date: 8/19/2013
  • Series: RSR
  • Number: RSR 6 - 2013
  • Case number: 2013/18478-UCL

New regulations and amended regulations for the implementation of the MLC, 2006

The Norwegian Maritime Authority hereby lay down three new regulations and amendments to two regulations for the implementation of the MLC, 2006.

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1. Introduction

The Norwegian Maritime Authority (NMA) hereby lay down three new regulations and amendments to two regulations for the implementation of the MLC, 2006. The regulations are as follows:

  • Regulations on employment agreement and pay statement, etc.
  • Regulations on the use of recruitment and placement services on ships
  • Regulations on the right to lodge complaints for persons working on board ship
  • Regulation concerning amendments to Regulations of 15 June 1987 No. 506 concerning survey for the issue of certificates to passenger ships, cargo ships and lighters, and concerning other surveys, etc.
  • Regulation concerning amendments to Regulations of 30 December 2010 No. 1849 concerning the control of foreign ships and mobile offshore units in Norwegian ports, etc. (Port State Control Regulations)

In February 2006 the International Labour Organization (ILO) of the UN adopted a new convention for seafarers' working and living conditions. The convention was named the Maritime Labour Convention, 2006 (hereafter referred to as the MLC, 2006). Norway ratified the Convention in 2009. The MLC, 2006 fulfilled the conditions for entry into force on 20 August 2012, and the Convention will consequently enter into force on 20 August 2013. The Convention will be applicable to Norway as flag State and port State from the same date.

Since Norway has ratified the Convention, it is necessary to implement the Convention in Norwegian legislation. In this regard it is also necessary to amend the existing set of regulations for the shipping area. The existing Norwegian legislation safeguards, for the most part, the rights pursuant to the Convention. In the form of laws, the MLC, 2006 is mainly implemented in the Ship Safety and Security Act and the Ship Labour Act. To ensure that any person working on board a Norwegian ship is granted all the rights pursuant to the Convention, it is however necessary to lay down new regulations and amendments to existing regulations in Norwegian legislation. The new and amended regulations are explained below, and the regulations have been included as attachments at the end of the document.

2. Regulations on the use of recruitment and placement services on ships

The Regulations on the use of recruitment and placement services on ships are attached. The Regulations implement MLC chapter 1.4 on recruitment and placement. It is set out in section 3-9 of the Ship Labour Act that employers using recruitment and placement services shall document that those services conform to requirements laid down in or pursuant to the Act of 10 December 2004 No. 76 relating to labour market services (Labour Market Act). The "see to" duty of the shipowner (hereafter referred to as the company) is set out in section 2-4 of the Ship Labour Act. In other words, if the employer is someone other than the company, the company has a duty to see to that such documentation exists. The Regulations do not include the parts of chapter 1.4 directed at the recruitment and placement service as the obligated party.

2.1 The need for new legislation

The Labour Market Act shall contribute to achieving inclusive working conditions through an efficient labour market, cf. section 1 of the Act. Chapters 1 to 7 of the Labour Market Act apply to any person with legal residence in the kingdom and to any person running a legitimate business in Norway. Chapter 8 of the Labour Market Act regulates the private recruitment, placement and hiring out of employees, and regulations may be issued concerning special rules for services engaged in the recruitment and placement of seafarers with legal basis in section 26 third paragraph. In the Regulations concerning the private recruitment, placement and hiring out of employees, which entered into force on 1 July 2000, special rules for seafarers were originally included. This was done to meet the obligations under ILO Convention No. 179. Subsequently, however, the Ministry of Labour found that section 26 of the Act of 27 June 1947 No. 9 respecting measures to promote employment (Employment Act) did not provide the legal basis for issuing regulations with special rules for the recruitment and placement of particular occupational groups. The regulatory provision was therefore repealed. This is explained in Ot.prp. No. 62 (2003-2004) regarding the Act relating to labour market services (Labour Market Act).

Section 3-9 of the Ship Labour Act provides the legal basis for issuing regulations containing further provisions on the employer's duty to ensure that documentation exists when using recruitment and placement services on ships.

New regulations are in the first place necessary in order to implement the employer's and the company's duties pursuant to MLC Regulation 1.4 paragraph 3. This rule lays down that the flag State shall require that a company, such as the company (shipowner) is defined in the MLC, 2006, which uses recruitment and placement services that are based in countries or territories in which the MLC, 2006 does not apply, shall ensure that those services conform to the requirements set out in in the Convention. It should be noted that in Norwegian legislation the employer has been given a duty to ensure conformance to this rule, whereas the company has been given a duty to see to this conformance, as set out in section 2-4 of the Ship Labour Act.

It is furthermore necessary to lay down in regulations the requirements applicable to employers using recruitment and placement services that are based in Norway, as well as such services operating in other countries which have ratified the MLC, 2006 or ILO Convention No. 179. In this respect as well the company has a "see to" duty pursuant to section 2-4 of the Ship Labour Act.

2.2 On the Regulations

A short explanation of the terms used in the Regulations

The terms "recruitment and placement" and "recruitment and placement services" in MLC chapter 1.4 have been translated into Norwegian as "arbeidsformidling" and "arbeidsformidlingsvirksomhet", respectively. The term "arbeidsformidlingsvirksomhet" (recruitment and placement services) is furthermore used in section 3-9 of the Ship Labour Act. The term also comprises services which recruit and place a significant number of seafarers even if this is not the primary purpose of the services.

Remarks to certain provisions in the Regulations

To section 2 Definitions

Subparagraph a): It is considered necessary to define what is meant by the term "arbeidsformidling" (recruitment and placement). The definition is taken from section 25 of the Labour Market Act.

Subparagraph b): It is considered necessary to define what is meant by the term "arbeidsformidlingsvirksomhet" (recruitment and placement services). The definition is from MLC Standard A1.4 point 2.

Subparagraph c): A definition of the MLC, 2006 ("ILO Convention No. 186") has been added.

Subparagraph d): A definition of ILO Convention No. 179 has been added.

To section 3 Employer's duties

First paragraph: This provision implies a duty for the employer to have documentation demonstrating that the recruitment and placement service has procedures showing that they conform to the requirements of MLC chapter 1.4. If employers use recruitment and placement services operating in a country which has ratified neither the MLC, 2006 nor ILO Convention No. 179, it is sufficient that the employer upon inspection produces a confirmation from the recruitment and placement service that they have procedures in place complying with the requirements of section 3 first paragraph of the Regulations, which implements MLC chapter 1.4.

Second paragraph: If employers use recruitment and placement services that are based in Norway or in another country which has ratified the MLC, 2006 or ILO Convention No. 179, it is sufficient that the employer has confirmation that the recruitment and placement service is based in such a country.

ILO Convention No. 179 on the recruitment and placement of seafarers has in the Regulations been given equal status as the MLC, 2006. The reason for this is that ILO Convention No. 179 contains requirements which are comparable to the requirements of MLC chapter 1.4. Practical considerations also favour such a solution, as member States providing labour to Norwegian ships have ratified ILO Convention No. 179, but they may not necessarily ratify the MLC, 2006.

Entry into force

These Regulations enter into force on 20 August 2013.

3. Regulations on employment agreement and pay statement, etc.

New Regulations on employment agreement and pay statement, etc. are attached. MLC Standard A2.1 paragraph 4 implies new requirements for employment agreements for employees on board ships, and the Regulations implement these new requirements.

3.1 The need for new legislation

Section 3 of the Seaman's Act contains rules about the seaman's employment agreement.

The Regulations of 3 February 1986 No. 230 concerning the employment agreement and settlement of wages form contain supplementary rules about the employment agreement.

The Seaman's Act will be replaced by the Ship Labour Act on 20 August 2013. In this connection the NMA will lay down new regulations with a title and terminology consistent with the Ship Labour Act. The Ship Labour Act uses, inter alia, the term "pay statement" instead of "settlement of wages form".

The Regulations are necessary in order to implement the rules on the content of the employment agreement pursuant to MLC Standard A2.1 paragraph 4(f), (h) and (i). Subparagraphs (f), (h) and (i) require that the employment agreement shall contain points about the extent of paid leave or the formula used to calculate it, health and social security protection benefits and the entitlement to repatriation.

In addition, a requirement has been introduced for information about the employee's birthplace to be included in the employment agreement, in addition to information about the nationality of the employee, since it is set out in MLC Standard A2.1 paragraph 4(a) that the employment agreement shall contain information about this.

3.2 About the Regulations and new form of employment agreement

MLC Standard A2.1 paragraph 4(a), (f), (h) and (i) are implemented in section 2 first paragraph of the new Regulations on employment agreement and pay statement, etc.

As a consequence of new regulatory requirements, four new points are added to the NMA's form of employment agreement. Section 3 of the Regulations refers to this form. "Birthplace" is included in box 4, "annual paid holiday or the formula used to calculate it" is included in box 13, "health and social security protection benefits" is included in box 14 and "entitlement to repatriation" is included in box 15. Numbered guidelines and comments for the completion of the employment agreement, found on the back of the form, have been correspondingly renumbered.

It should be noted, however, that the NMA may upon application approve other forms of employment agreement. This solution may be relevant for employers wishing to develop a form of employment agreement for use in their own systems.

Remarks to certain provisions in the Regulations

To section 2 The employment agreement's content, etc.

Second paragraph: The employee and the employer shall sign the employment agreement. This is a solution which is considered to be substantially equivalent to the requirements of the MLC, 2006 for the signing of the employment agreement. The solution is substantially equivalent because it is considered sufficient that the employer signs the employment agreement even when the employer is someone other than the company, whereas MLC Standard A2.1 paragraph 1(a) sets forth that the company, such as the company (shipowner) is defined in the MLC, 2006, shall sign the employment agreement.

This regulatory provision is considered to be substantially equivalent to the regulation in the MLC, 2006 since it is set out in section 2-4 first paragraph of the Ship Labour Act that the company has the duty to see to that employers fulfil their obligations set forth in or pursuant to the Ship Labour Act and that the employment agreement is complied with. The NMA inform thereof in the Declaration of Maritime Labour Compliance part I (DMLC Part I) under the point "Substantial Equivalences" as regards the Seaman's Act, but this information will be changed to the Ship Labour Act as soon as possible. DMLC Part I is also a part of the Maritime Labour Certificate.

Third paragraph: If the employer is someone other than the company, the employer shall, in connection with the entering into of the employment agreement, inform the employee in writing as to who the company is. If, at the time of the entering into of the agreement, it is not clear who the company is, the employer shall inform the employee in writing as soon as this information is known to the employer. This is set out in section 2-2 third paragraph second sentence of the Ship Labour Act and section 2 third paragraph of the Regulations on employment agreement and pay statement, etc. It is furthermore set out in section 2-4 of the Ship Labour Act that the company has a duty to see to that the employer complies with the provisions of the employment agreement, and this is stated in box 11 in the form of employment agreement.

To section 3 Form of employment agreement

Third paragraph: The NMA have chosen to continue the exemption for fishing vessels as regards the use of the NMA's form of employment agreement due to the industry's need for special adaptation of the agreement. The content of the employment agreement shall nevertheless at least include the points listed in section 2 of the Regulations, and it should also be noted that section 3-1 first paragraph of the Ship Labour Act implies a requirement for a written contract of employment irrespective of the size of the vessel.

To section 6 Transitional provision

This provision implies a transitional arrangement for the use of the form of employment agreement, where the employer and employee need not write the employment agreement on the new form where the agreement has already been entered into, provided that the employer in these cases can provide evidence that the employee is granted the rights set out in the Regulations. This can be done either by a reference in the employment agreement to a collective bargaining agreement containing the rights pursuant to section 2 first paragraph h), i) and j) on holiday, health and social security protection benefits and repatriation, or by the preparation of an appendix to the employment agreement which sets forth that the employee shall have these rights. A possible appendix to the employment agreement shall be attached to the employment agreement, and shall be kept on board together with the employment agreement.

Entry into force

These Regulations enter into force on 20 August 2013.

4. Regulations on the right to lodge complaints for persons working on board ship

New Regulations on the right to lodge complaints for persons working on board ship are attached. The Regulations implement MLC chapter 5.1.5 regarding the right to lodge complaints for persons working on board.

The Regulations do not, however, include MLC chapter 5.2.2 regarding the right to lodge complaints for persons working on board foreign ships. See point 6 below regarding amendment to the Regulations of 30 December 2010 No. 1849 concerning the control of foreign ships and mobile offshore units in Norwegian ports, etc. (Port State Control Regulations) for the implementation of this requirement.

4.1 The need for new legislation

Section 9-7 of the Ship Labour Act regarding the right to lodge complaints and new section 71a of the Ship Safety and Security Act regarding the right to lodge complaints and protection against retaliation implement the rules of MLC chapter 5.1.5 regarding the right to lodge complaints for persons working on board.

Section 9-7 of the Ship Labour Act and new section 71a of the Ship Safety and Security Act grant any person working on board the right to lodge complaints about conditions covered by these Acts. There is no prohibition against lodging complaints under the current legislation, but the MLC, 2006 also requires that ships establish complaint procedures with a further specified content, which implies a new requirement in Norwegian legislation.

New regulations are necessary in order to implement the specified rules on the right to lodge complaints and complaint procedures pursuant to MLC chapter 5.1.5.

The Regulations must moreover be seen in connection with section 2-6 of the Ship Labour Act regarding notification. Whereas section 2-6 first and foremost is aimed at public notification, section 9-7 applies to internal conditions in the undertaking.

4.2 On the Regulations

In order for there to be a real possibility to lodge complaints in practise, it is important that further provisions regarding procedures which ensure a just, efficient and expedient treatment of complaints are laid down in regulations. Complaints shall according to the Regulations as a main rule be lodged with the nearest superior.

In Prop. 115 L (2012–2013) regarding the Act relating to employment protection etc. for employees on board ships (Ship Labour Act) on page 221, it is specified that the right to lodge complaints pursuant to section 9-7 of the Act is granted to all persons on board, whereas the company has been made the obligated party. It is furthermore specified that it is natural for the complainant to first address matters pertaining to the service on the ship to the master or the nearest superior, in line with MLC Standard A5.1.5 which states that complaints shall be resolved on the lowest level possible. It is also stated that the company has the opportunity to leave it to the master or others on board to treat a complaint lodged with the company, but that complainants must be able to refer their complaint to the company if they are not satisfied with the master's decision. It is also specified that in the case where the company is not the employer of the employee in question, the provision provides for the possibility that the company, to the extent necessary, shall consult the employer and possibly leave it to the employer to treat and decide the complaint. This also applies if the company in this situation is the obligated party. It is assumed that such complaints in practise are raised, treated and decided directly between the employer and employee, without involving the company. The company's duty is in that case to ensure that good procedures are in place, to stay informed through the employer and their own representative, the master, and to intervene and possibly treat the complaint themselves if established procedures are not complied with.

Remarks to certain provisions in the Regulations

To section 1 Scope of application

It is necessary to limit the scope of application of the Regulations to Norwegian ships in order to exclude foreign ships from the scope of application of the Ship Safety and Security Act. "Norwegian ships" means vessels registered in the Norwegian Ordinary Ship Register (NOR) and ships registered in the Norwegian International Ship Register (NIS).

To section 2 The right to lodge complaints

The right to lodge complaints pursuant to the first paragraph of the provision repeats the wording of section 9-7 first paragraph first sentence of the Ship Labour Act. Normally the text of a statute will not be repeated in regulations, but it has been included here because it seems user-friendly that the Regulations themselves specify which complaints they regulate.

To section 3 Complaint process

First paragraph: It is specified that the complaint shall be sought to be resolved on the lowest level possible, cf. Prop 115 L page 221.

Second paragraph: Employees may lodge complaints directly with their employer. In order to give the company the possibility to stay oriented on the complaint, and to intervene and possibly treat the complaint themselves, the employer is required to send a copy of the received complaint to the company.

Third paragraph: The recipient of the complaint shall seek to resolve the complaint as expediently as possible. In Prop. 115 L page 221 it is specified that complaints must be given priority, and that a decision must be reached quickly. This implies that as soon as the necessary inquiries have been conducted, it should be decided how the complaint should be followed up. The NMA find it impractical to impose specific time limits on the company in this respect, but the provision presupposes that the companies themselves consider establishing relevant time limits in the complaint procedures. In MLC Guideline B5.1.5 paragraph 2(b) it is recommended that the matter should be sought to be resolved within the prescribed time limits appropriate to the seriousness of the issues involved.

Seventh paragraph: Any person working on board may also lodge a complaint directly with the supervisory authorities, pursuant to section 9-7 fifth paragraph of the Ship Labour Act. In the Regulations it is specified that the "supervisory authorities" will normally be the NMA, but that complaints may also be lodged with whoever is authorised by the NMA in connection with an ongoing inspection carried out by whoever is authorised. The term "whoever is authorised by the Norwegian Maritime Authority" will in practise be one of the 7 recognised classification societies in Norway. The reason for this rule is that is seems natural that the classification societies can receive complaints in connection with their supervisory activities. Reference is also made to the clarification of this question in the letter dated 3 November 2008 from the Ministry of Trade and Industry by the cabinet minister to the Standing Committee on Business and Industry. In the absence of objective evidence, it is appropriate that the classification societies forward the complaint to the NMA.

In connection with the preparation of section 9-7, the law committee appointed to draw up the Ship Labour Act ("Sjømannslovutvalget") came to a different solution than the solution specified in Ot.prop. No. 70 (2007-2008) where it is presupposed that the supervisory authorities shall resolve complaints from persons working on board as a last instance. The law committee appointed to draw up the Ship Labour Act reached the conclusion that the complaint regulations in the MLC, 2006 should be implemented in a way that corresponds better with the system of the Ship Safety and Security Act. The solution in section 9-7 of the Ship Labour Act and new section 71a of the Ship Safety and Security Act is in accordance with this, so that the supervisory authority shall investigate complaints lodged according to one or both of these Acts, whereas the enforcement jurisdiction will depend on whether the complaint regards conditions related to public law or private law. This way the NMA will not act as a sort of administrative tribunal, and instead the principles of enforcement of supervisory authority, known from the supervision system in the Ship Safety and Security Act, will be applied.

In other words, the provisions on the right to lodge complaints do not give the supervisory authority the legal basis to issue decisions as a reaction to a complaint. The provisions on supervision and sanctions of the Ship Labour Act and the Ship Safety and Security Act are decisive for the reactions which might be issued, and it is clear that the supervisory authority itself must carry out a control on board before it can impose orders, coercive fines, etc. In other words, the enforcement jurisdiction of the supervisory authority is connected to official legal requirements, and does not apply to all provisions of the Ship Labour Act. Complaints related to private law matters regulated by the Ship Labour Act, will instead trigger the supervisory authority's duty to provide guidance about how the person working on board may proceed in order to pursue his or her claim.

It is furthermore specified in the Public Administration Act that individual decisions made by the NMA may be appealed to the Ministry of Trade and Industry. It is not deemed practical to repeat the rules of the Public Administration Act in regulations issued under the Ship Labour Act and the Ship Safety and Security Act.

To section 4 Complaint procedures

First paragraph: Complaint procedures shall be established for each individual ship, so that the contact information in the complaint procedure is correct and in accordance with the sixth paragraph of this provision.

Third paragraph: As regards the implementation of the main rule that complaints shall be lodged with the nearest superior, it has been decided that the level considered the lowest possible level for each occupational group on board shall be specified in the procedures.

It is otherwise recommended that complaints are coordinated with the system for treatment of non-conformities included in the ship's safety management system. For ships required to have an international safety management system, it is set out in Regulation 9 of the ISM Code that non-conformities shall be investigated and analysed, and that necessary corrective action shall be implemented. The requirement for safety management system is laid down in section 7 of the Ship Safety and Security Act.

Entry into force

These Regulations enter into force on 20 August 2013.

5. Regulation concerning amendment to Regulations of 15 June 1987 No. 506 concerning survey for the issue of certificates to passenger ships, cargo ships and lighters, and concerning other surveys, etc.

Regulation concerning amendment to Regulations of 15 June 1987 No. 506 concerning survey for the issue of certificates to passenger ships, cargo ships and lighters, and concerning other surveys, etc. is attached. The amended Regulations implement MLC chapter 5.1.3 regarding Maritime Labour Certificate.

5.1 The need for new legislation

The Ship Safety and Security Act contains rules about the supervision of Norwegian ships in chapter 7.

The Ship Labour Act has rules about supervision in chapter 12. The Regulations of 15 June 1987 No. 506 concerning Survey for the Issue of Certificates to Passenger Ships, Cargo Ships and Lighters, and concerning other Surveys, etc. have supplementary rules about surveys.

The regulatory amendments are necessary in order to implement the rules of MLC chapter 5.1.3 on the certification requirement for ships of 500 gross tonnage or over engaged in international voyages or operating from a port, or between ports, in another country, as well as the rules of MLC chapter 5.1.4 on the inspection and enforcement of the requirements of the Convention.

5.2 On the regulatory amendments

MLC chapters 5.1.3 and 5.1.4 are implemented in the following sections of the Regulations of 15 June 1987 No. 506 concerning Survey for the Issue of Certificates to Passenger Ships, Cargo Ships and Lighters, and concerning other Surveys, etc.: Section 12 on survey for passenger certificates, etc., section 22 on survey for trading certificate, etc., and chapter 14 on survey for issuance of Maritime Labour Certificate and the right for persons working on board to demand survey. The existing chapter 14 on entry into force is renumbered to new chapter 15.

Section 67 lays down a continuance of the right for persons working on board to demand a survey, a right which earlier was set out in the repealed section 42 of the Seaman's Act. The legal basis of this regulatory provision is section 43 fifth paragraph c) of the Ship Safety and Security Act. The provision concerning the right to demand survey was presupposed continued in regulations when section 42 of the Seaman's Act was repealed in connection with the entry into force of the Ship Safety and Security Act, but this was not done. See Ot.prop. NO. 87 (2005-2006) page 126, where the following is stated under the explanation of section 43 of the Ship Safety and Security Act: "Subparagraph c) provides the legal basis for continuing section 42 of the Seaman's Act regarding the right to demand examination for seaworthiness".

Remarks to certain provisions in the Regulations

To section 2 Definitions

Subparagraph a): Two new classification societies, RINA and Class NK, have become recognised classification societies in Norway, and have therefore been added to the definition. The definition of "administration" in the former subparagraph a) is considered superfluous and has been removed.

Subparagraph j): A definition of the MLC, 2006 ("ILO Convention No. 187") has been added, since there are several references to the Convention in the Regulations.

Subparagraph å): A definition of "anniversary date" has been added, in accordance with MLC Standard A5.1.3 second paragraph third sentence. The term is used in section 12 first paragraph c) fifth sentence and section 63 third paragraph second sentence of the Regulations.

To section 12 Survey for passenger certificates, etc.

First paragraph a) point 3: The survey of passenger ships not required to have Maritime Labour Certificate is related to the passenger certificate. Control of whether the ship is manned in accordance with the rules and regulations of the NMA is included in the control of the working and living conditions on board.

First paragraph b) first sentence: The term "safety equipment certificate" has been replaced by "vessel instructions" in accordance with current terminology. Fishing vessels which already have a valid trading certificate or vessel instructions for fishing vessels are not covered by the MLC, 2006.

To section 22 Survey for trading certificate, etc.

First paragraph a) point 3:

The survey of passenger ships not required to have Maritime Labour Certificate is related to the trading certificate. Control of whether the ship is manned in accordance with the rules and regulations of the NMA is included in the control of the working and living conditions on board.

To section 62 Certificate

Second paragraph: This provision applies to the voluntary certification of Norwegian ships for which certification is not required pursuant to the first paragraph.

To section 67 The right of persons working on board to demand survey.

After the repeal of section 42 of the Seaman's Act, the terms "examination for seaworthiness" and "unseaworthiness" were not continued in the Ship Safety and Security Act. The term "examination for seaworthiness" is replaced by the term "survey". The term "unseaworthiness" has furthermore been reworded in accordance with section 9-5 first paragraph a) of the Ship Labour Act, where the term is phrased as follows: "(...) if the ship does not meet the requirements laid down in the Ship Safety and Security Act or in regulations issued pursuant to the Act concerning technical, operational and personal safety, and the deficiencies clearly constitute a danger to the ship or to those persons working on board." An equivalent rewording of the term has been added to section 67 first paragraph of the Regulations.

Entry into force

These Regulations enter into force on 20 August 2013.

6. Regulation concerning amendment to Regulations of 30 December 2010 No. 1849 concerning the control of foreign ships and mobile offshore units in Norwegian ports, etc. (Port State Control Regulations)

Regulation concerning amendment to the Port State Control Regulations is attached.

The Regulation implements MLC chapter 5.2.2 concerning the right to lodge complaints when in port for persons working on board foreign ships, as well as the port State's follow-up of such complaints.

In connection with these amended Regulations, attention is drawn to the latest draft by the Paris MOU regarding instructions for Port State Control pursuant to the MLC, 2006, which will be made mandatory. It shall furthermore be noted that unlike MLC chapter 5.2.2, the EU's Port State Control Directive imposes a duty to carry out Port State Control without preceding complaint.

6.1 The need for new legislation

The Ship Safety and Security Act contains rules about the supervision of Norwegian ships in chapter 7.

The Ship Labour Act has rules about supervision in chapter 12. The Port State Control Regulations contain supplementary rules on port State control.

The regulatory amendments are necessary in order to implement rules on the right to lodge complaints pursuant to MLC chapter 5.2.2.

6.2 On the regulatory amendments

MLC chapter 5.2.2 is implemented in chapter 8 of the Port State Control Regulations. It is considered practical to place the rules on the right to lodge complaints pursuant to the MLC, 2006 in a separate chapter in order to indicate the distinctive character of the rules. The existing chapter 8 on concluding provisions is renumbered to new chapter 9.

The new provisions of the Regulations are to a large extent directed at the inspectors from the NMA, which is in accordance with the other provisions in the Regulations.

Remarks to certain provisions in the Regulations

To section 2 Definitions

Subparagraph d): It is necessary to add a definition of the International Labour Organization (ILO) to the Regulations, since reference is made to the organisation in section 36 third paragraph.

Subparagraph f) new point 9: A definition of the MLC, 2006 ("ILO Convention No. 186") has been added in order for the term "conventions" in the Regulations to include the MLC, 2006 as well.

To section 34 The right to lodge complaints

The right to lodge complaints is limited to claims about non-compliance with the MLC, 2006. Since the MLC, 2006 does not apply to mobile offshore units, it is specified that the right to lodge complaints applies to persons working on board foreign cargo or passenger ships.

To section 35 Investigation of complaints

Third paragraph: A reference to the instructions currently in force from Paris MOU, which shall be complied with in the same way as the MLC, 2006, has been added.

To section 36 first paragraph:

A reference to the instructions currently in force from Paris MOU, which shall be complied with in the same way as the MLC, 2006, has been added.

Entry into force

These Regulations enter into force on 20 August 2013.

 

Olav Akselsen
Director General of Shipping and Navigation

Bjørn Pedersen
Head of Department

 

Attachments:

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