51茶馆

Section 1: Introduction

Maritime Labour Convention 2006, Amendments 2022

A consultation on the proposal to implement four of the remaining amendments made to the (鈥渢he MLC鈥�) into UK legislation, was held between 11 December 2024 to 22 January 2025.

The consultation document 11 December 2024, outlined the in-depth review and reasoning for the four amendments, supported with the costing analysis and why legislation was required.

At the fourth meeting of the International Labour Organization (ILO) Special Tripartite Committee (STC) in May 2022, several amendments were raised of which four required implementation into UK legislation.

The MCA as the UK competent authority engaged with stakeholders throughout the decision making process through:

• MLC Tripartite Working Group meetings
• stakeholder engagement with shipping companies, professional bodies and wider government
• direct stakeholder engagement with recruitment and placement services
• other MCA shipping industry working groups
• surveyors, inspection Port State Control (PSC), recognised organisations and certifying authorities

The amendments were:

1. Standard A1.4 鈥� Recruitment and placement

The MLC Title 1.4 Standard A1.4 (5)c(vi) establish a system of protection, by way of insurance or an equivalent appropriate measure, to compensate seafarers for monetary loss that they may incur as a result of the failure of a recruitment and placement service or the relevant shipowner under the seafarers鈥� employment agreement to meet its obligations to them, and ensure that seafarers are informed, prior to or in the process of engagement, of their rights under that system.

The amendment adds the following under (5)c(vi):

..and ensure that seafarers are informed, prior to or in the process of engagement, of their rights under that system鈥�.

Through implementing the amendment to The Merchant Shipping (Maritime Labour Convention) (Recruitment and Placement) Regulations 2014, the UK鈥檚 objective would be to ensure seafarers are aware of their rights to financial compensation from the recruitment and placement service (RPS), as well as entitlements under their seafarer employment agreement (SEA).

2. Standard A3.1 鈥� Accommodation and recreational facilities

The MLC Title 3.1 听(paragraph 17) of Standard A3.1 provides that:

Appropriate seafarers鈥� recreational facilities, amenities and services, including social connectivity, as adapted to meet the special needs of seafarers who must live and work on ships, shall be provided on board for the benefit of all seafarers, taking into account regulation 4.3 and the associated Code provisions on health and safety protection and accident prevention.

The amendment adds 鈥溾��including social connectivity鈥� to the provision.

Social connectivity is introduced by amending the Merchant Shipping (Maritime Labour Convention) (Minimum Requirements for Seafarers etc) Regulations 2014 by an amendment of regulation 29 of those regulations. The UK鈥檚 objective is to set a standard of social connectivity within industry, and long term, to improve the recruitment and retention of young seafarers within the industry, who see social connectivity as one of their key considerations when seeking employment.

3. Standard A3.2 鈥� Food and catering

The MLC Title 3.2 Standard A3.2 (paragraph 1). Each Member shall ensure that ships that fly its flag carry on board and serve food and drinking water of appropriate quality, nutritional value and quantity that adequately covers the requirements of the ship and takes into account the differing cultural and religious backgrounds.

The amendment adds the word 鈥榖alanced鈥� to (paragraph 1).

The addition of the wording 鈥榖alanced鈥� regulates the current industry guidance within merchant shipping notice (MSN) 1845, by implementing the amendment to The Merchant Shipping (Maritime Labour Convention) (Minimum Requirements for Seafarers etc) Regulations 2014 under (34)(1)a 听鈥溾��nutritional value, variety and balanced鈥� and additionally for improved clarity adding the following under (34)(2) 鈥溾��during the period of engagement鈥�.

The definition of balanced is considered to be a meal which includes the three core food groups: proteins, carbohydrates and vegetables.

This amendment aims to ensure good quality food on vessels.

4. Appendices A2.I and A4.I 鈥� Evidence of financial security

The MLC Appendices outline the information which must be provided as part of certification or other documentary evidence.

The amendments add the following under regulations 2.5 (paragraph 2) and 4.2:

鈥�, or of the registered owner if different from the shipowner鈥�.

The implementation of the appendices amendments to The Merchant Shipping (Maritime Labour Convention) (Minimum Requirements for Seafarers etc) Regulations 2014, to Schedules 3 and 4, will clarify who is financially responsible for the vessel.

Section 2: Key findings

Alteration of proposed draft legislation

This concerned:

• Annex A: Merchant Shipping (Maritime Labour Convention) (Reform and Revocation Amendments) Regulations 20XX
• Annex B: Merchant Shipping (Maritime Labour Convention) (Miscellaneous Amendments) Regulations 20XX

The majority of comments received were in favour of the proposed draft regulations, see section 3.

There was a general understanding of the purpose and intent for the MLC 2006, amendments 2022, which brought wider attention due to the impacts of the COVID-19 pandemic. This highlighted the serious impact to seafarers of extended periods of time at sea without social connectivity and other factors including a need to implement the requirements of a balanced diet. The UK already had several of the 2022 amendments in legislation with only four which require implementation.

Requests were made to refine understanding, adopt alternative wording or adjust to ensure that the principals of an MLC 2022 amendments had been demonstrated as intended.

These changes have been reviewed and adjustments made as outlined in section 3 of this report.

Improving supporting guidance

This related to:

• Annex C: MSN 1845 (M) Amendment 2 Maritime Labour Convention: Food and Catering Provision of Food and Fresh Water
• Annex D: MIN 705 MLC 2022 Implementation of the 2022 amendments

Comments were received promoting the enhancement of content within the supporting guidance. Looking to the definitions of a balanced diet and practicalities of provision of social connectivity on board. This is covered further in section 3.

Other notable concerns

One of the MLC amendments 2022, is to inform seafarers of their rights under the system of protection, prior to signing their seafarers employment agreement. The requirement for the provision for a system of protection has been in place since the MLC Recruitment and Placement Regulations 2014 were introduced, under the MLC title 鈥�1.4 Minimum requirements to work on a ship鈥�.

The amendment to support seafarers in awareness of their entitlements to be compensated, in the event of a placement or position failing, has received significant response from recruitment and placement agencies, specifically operating in the yachting sector.

Comments received have highlighted the potential impact of the system of protection on small business. Recruitment and placement agencies acknowledge the importance and support needed for seafarers, however some agencies are not involved with any aspect of financial engagement or payments to the seafarers and that the procedure is not clearly stated, whether the seafarer should contact the shipowner or recruitment and placement agency when their placement fails to materialise. This could lead to a potential increase in claims on the recruitment and placement agency鈥檚 system of protection.

Aspects which impact the system of protection concerns the limited number of insurance companies available or where the financial insurance is not a viable option. This means recruitment and placement agencies maintaining ringfenced funds as the system of protection, which is considered unsustainable in a competitive market.

The MCA has held a meeting with yachting recruitment and placement agencies in January 2025 and further discussion will be held with the MLC Tripartite Working Group. MCA approved recruitment and placement agencies will be informed and those who directly responded to the consultation, on any future developments.

Section 3: Summary of responses

The consultation sought views regarding the proposed regulatory changes and further information about the assumptions on costs that had been made to support the proposed legislative amendments.

The MCA approached internal and external stakeholders, promoted the public consultation as widely as possible and circulated it to all known contacts to ensure that every opportunity was given for respondents to participate. Three individual extensions of a week to the response deadline were also provided on request, to maximise and be as flexible as possible as the consultation ran over a seasonal holiday time of year.

The full list of the consultation questions is available as Annex A to this report. A breakdown of the maritime sectors which responded can be seen in the table below.

Number and representation breakdown of responses

听搁别蝉辫辞苍诲别苍迟蝉	Number
Recruitment and placement service	10
Classification and certifying authorities	2
Shipowners	4
Seafarers	2
Unions	2
Educational and professional institutions	4
Other government agency	1
Total	25

The number of consultation responses is not fully indicative of the extent of consultation because groups or members of organisations have often responded collectively. In order to reflect the views of as broad a range of respondents as possible, the MCA has sought responses from the whole maritime industry and other government departments.

Annex A to this report outlines the questions raised in the consultation. The table below outlines the number of responses received to each question. Some responses contained more detail than others, including suggestions which will be considered as part of the review of the supporting guidance.

Breakdown of responses received

There were 9 questions available to the 25 respondents, but not all respondents answered all the questions, as outlined in the below table.

Response to each question:

听蚕耻别蝉迟颈辞苍	Content of Consultation	Answered	Unanswered
Q1	Annex A and B draft legislation	11	14
Q2	Annex C DMA Costing Analysis	10	15
Q3	RPS Costing to implement	8	17
Q4	RPS System of Protection	14	11
Q5	Assumptions to improve social connectivity onboard	11	14
Q6	Provision of 鈥榖alanced鈥� diet on board	11	14
Q7	Other potential costs	7	18
Q8	Supporting guidance	10	15
5.2	Any other additional information	15	10

The respondents to the consultation belong to three distinct groups who broadly responded as follows:

Seafarers and unions

Agreed to legislative change but raised concerns about the social connectivity provision being fair, free of charge and accessible and the need for improved supporting guidance. The proposed change regarding a balanced diet was welcomed but improved guidance was also felt necessary for successful implementation.

Shipping industry and shipowners

Agreed to legislative changes with some (proposed) outlined amendments.

The comments related to the following:

• some concerns for expectations about social connectivity provisions on board ships and specific guidance for its provision

• concern on Port State Control inspection and related guidance for PSC inspectors with regards to raising deficiencies due to levels of social connectivity provision

• concerns on maintaining internet access levels around the safe operations of the ship

• requirements concerning balanced diets was accepted with recommendations for improved guidance on what a balanced diet is and how it is determined

Recruitment and placement services

Responses related to the 鈥榮ystem of protection鈥� which recruitment and placement services are required to have in place under the MLC. The concerns and points raised are being addressed separately to this consultation but have been notable and reflect the level of responses received specifically to question 4 (Q4).

MCA action following the consultation

The proposed regulations

Annex A and B to the consultation document set out the two sets of regulations that the MCA proposed to make. After a review of the powers used to make those regulations, lawyers have determined that it would be more efficient to combine the two statutory instruments into one set of regulations. It is proposed that the combined regulations will be titled the Merchant Shipping (Maritime Labour Convention and Miscellaneous Amendments) Regulations 2025.

Amendments in the regulations

The disapplication of various UK regulations to 鈥済overnment ships鈥�:

• The schedule to the proposed regulations makes minor amendments to a number of relevant UK regulations in order to remove the application of those regulations to government ships.
• Many of the MLC provisions were originally implemented in the UK under the European Communities Act 1972 (ECA). Following the repeal of the ECA by the European Union (Withdrawal Act) 2018, those powers are no longer available to implement subsequent changes made to the MLC. The power to apply MLC requirements to government ships under merchant shipping legislation is more limited going forward and it was determined that as a part of the changes required to implement the 2022 MLC amendments, government ships would be removed from the scope of MLC regulations. This was in turn, part of a wider approach to enable government ships to demonstrate compliance with merchant shipping legislation, where applicable, in a different way.

MLC amendment Standard A1.4 鈥� Recruitment and Placement (replacing paragraph 5, point vi, with):

• 鈥�(vi) establish a system of protection, by way of insurance or an equivalent appropriate measure, to compensate seafarers for monetary loss that they may incur as a result of the failure of a recruitment and placement service or the relevant shipowner under the seafarers鈥� employment agreement to meet its obligations to them, and ensure that seafarers are informed, prior to or in the process of engagement, of their rights under that system.鈥櫶�
• The proposed regulations amend regulation 6 of the Merchant Shipping (Maritime Labour Convention) (Recruitment and Placement) Regulations 2014 to ensure that the employment agency or the employment business informs the seafarer about the system of protection prior to their engagement. MGN 475 will be updated to reflect the new requirements.

A new requirement under the proposed Merchant Shipping (Maritime Labour Convention and Miscellaneous Amendments) Regulations 2025 for social connectivity onboard, as part of the mandatory standards for crew accommodation for which non-compliance will be an offence:

• This amendment has been included.

• The proposed amendments to regulation 29 of the Merchant Shipping (Maritime Labour Convention) (Minimum Requirements for Seafarers etc.) Regulations 2014 to require that seafarers are to be provided with social connectivity facilities in all parts of the crew accommodation of a ship except storerooms.

• The amended regulation 29 does not apply to:听

  • a) seafarers who do not live and work on board the ship; or听

  • b) seafarers who are not on board the ship; or听

  • c) seafarers who work on board a ship which starts and finishes a voyage on the same day; or听

  • d) seafarers who work on board a ship which operates within an area, or transits waters in an area, where availability of social connectivity services is absent, or ineffective, due to reasons beyond the control of the ship owner but this does not apply once the ship goes outside such an area.听

• Following consultation, the MCA has removed any charging provisions from the proposed draft regulation, as it was decided this would be going beyond the requirements of the MLC and add administrative burden and additional costs to UK industry. Further guidance on social connectivity, including recommendations relating to charging for internet access will be published in a marine notice issued by the MCA.

Amendments to supporting guidance

This concerns:

• MSN 1845 (M) Amendment 2 Maritime Labour Convention: Food and Catering Provision of Food and Fresh Water, issued as Annex C of the consultation.

• MIN 705 (M) MLC 2022 Implementation of the 2022 amendments, issued as Annex D of the consultation.

Comments received for MSN 1845 (M) and MIN 705) (M) proposed improved understanding and clarity with incorporation of helpful links to further information. Adjustments have been incorporated where possible along with any notable changes in the proposed regulatory wording.

The MCA will be issuing an updated MSN 1845, a new MGN incorporating MIN 705 into updated guidance based on the comments received, and an additional MGN on Social Connectivity following consultation with industry once the new regulations are implemented.

Ongoing industry engagement

The MCA is actively engaging with industry over the notable concerns from the recruitment and placement agencies concerning the system of protection and impact on smaller business operators. The requirement for a system of protection is in UK law and options and proposals to address concerns have been received from industry. This shall be taken forward outside of the consultation on the MLC amendments 2022.

Section 4: MCA response

The MCA are very grateful for the time and effort of those who responded to the MLC amendments 2022 consultation.

Comments have been received from our key customers and a broad range of customers and stakeholders.

Action has been taken to adjust and amend the proposed regulations where industry have noted any concerns. Additionally, MCA have combined all changes into a single set of regulations.

Adjustment has been made to supporting guidance, with further additional guidance specifically for the provision of social connectivity on board ships.

The following supporting guidance will be updated or issued as new guidance after further stakeholder engagement as necessary:

• MSN 1845 (M) Amendment 2 Maritime Labour Convention: Food and Catering Provision of Food and Fresh Water
• MGN 706 (M) Implementation of the 2022 amendments, will replace draft MIN 705 (M).
• MGN 475 (M) Amendment 2 Maritime Labour Convention 2006: Recruitment and Placement
• MGN 707 (M) Maritime Labour Convention, 2006: Provision of social connectivity and internet access
• MGN 482 (M) Amendment 2 Maritime Labour Convention, 2006: Medical Care

The MCA is open to receive comments on the MLC in general at any time, and can be contacted at the following email address: mlc@mcga.gov.uk 听

Section 5: Who responded

Responses were received from the following companies, organisations and individuals:

• Seafarer - Cadet
• Class NK
• Nautilus International - Union
• Stena Drilling Ltd
• DNV Certifying Authority
• UK Chamber of Shipping
• MAIB
• RINA Classification Society
• MECAL
• International Institute of Marine Surveying
• RMT Union
• Cleveland International Investments Ltd and M/Y Lotus
• QuayCrew
• Cara Lees Yacht Crew Ltd
• Winch Yacht Recruitment Ltd
• Seafarer - Master
• Crew & Concierge Recruitment
• Nautical Institute
• D枚hle Yachts
• Wilsonhalligan Yacht Recruitment
• Insignia Crew
• The Maritime Professional Council of the UK
• Bespoke Crew Recruitment
• Skywater
• Precise Consultants Limited
• MCA surveyors and inspection PSC

Where individuals have responded generic 鈥楽eafarer鈥� has been noted based on their role title.

Annex A