Technical Circular No. 66 | 2017

Subject : ILO Convention C.92 and C.133 compliance.

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  • Purpose:

Republic of the Marshall Islands (RMI) has issued a Technical Circular Number 2 dated 17 May 2017 which gives guidance to the shipowners or operators, of the procedure for obtaining RMI International Labour Organization (ILO) Document of Compliance.

  • Introduction:

RMI became a member of ILO on 03 July 2007 and did not have opportunity to accede to ILO Conventions C. 92 and C. 133 as these conventions were closed to further ratification. However, by the virtue that RMI has ratified the Maritime Labour Convention, 2006 (MLC, 2006) which consolidates previous ILO Conventions, including No. 92 and 133,  RMI Maritime Administrator (Administrator) recognizes ILO Conventions C. 92 and C. 133 as industry standards to the extent reasonable and practicable for:

a. vessels constructed prior to the entry into force (20 August 2013) of the MLC, 2006 and to which the MLC, 2006 applies; and

b. vessels not subject to the MLC, 2006 whose owners or operators desire documentation that verifies their vessels comply with Conventions C. 92 or C. 133 or the MLC, 2006 to satisfy coastal State requirements or charter agreements relating to shipboard accommodations.

  • Procedures for Obtaining ILO Documents of Compliance:
  1. An owner or operator must make an application directly to the Classification Society (CS) specifying whether an ILO Convention C. 92 or C. 133 Document of Compliance is requested.
  1. The CS will perform the necessary plan review and shipboard surveys for the requested certification. Since compliance is not mandatory, any deviations from specific convention requirements are to be considered as “Exceptions” to convention requirements. Any “Exceptions” noted during the plan review or survey phases will be documented by the CS.
  1. Upon satisfactory completion of the plan review and surveys, the appropriate Document of Compliance will be issued by the CS stating whether the ship is in “full” or “substantial” or “partial” compliance with the appropriate convention. If the ship is in “substantial” or “partial” compliance, the “Exceptions” will be listed on the face of the Document of Compliance.
  • For MLC, 2006

The Administrator will review the Document of Compliance issued by CS, prior issuing a Declaration of Maritime Labour Compliance (DMLC) Part I to:

  1. vessels constructed prior to the entry into force (20 August 2013) of the MLC, 2006 and to which the MLC, 2006 applies; and
  1. vessels not subject to the MLC, 2006 whose owners or operators desire documentation that verifies their vessels comply with Conventions C. 92 or C. 133 or the MLC, 2006 to satisfy coastal State requirements or charter agreements relating to shipboard accommodations.

Enclosure:

  1. Technical Circular Number 2 dated 17 May 2017.

Disclaimer:

This Technical Circular and the material contained in it is provided only for the purpose of supplying current information to the reader and not as an advice to be relied upon by any person.
While we have taken utmost care to be as factual as possible, readers/ users are advised to verify the exact text and content of the Regulation from the original source/ issuing Authority.

 

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