The Merchant Shipping Directorate issued MS Notice 105 Rev. 3, which provides the updated guidance on how the minimum standards for the working and living conditions of seafarers established by the Maritime Labour Convention (MLC) are to be implemented on Malta-flagged vessels.

The notice applies to Maltese ships engaged in commercial activities and outlines the responsibilities of shipowners, masters, and recognised organisations in ensuring compliance with MLC requirements.

One of the key elements of the notice refers to the compliance process, referring to the issuance of the Declaration of Maritime Labour Compliance (DMLC) and the Maritime Labour Certificate. The DMLC consists of two parts:

1. Part 1 is prepared by the Maltese administration;
2. Part 2 is completed by the shipowner and describes the measures adopted to maintain compliance with national legislation and MLC standards.

These documents must be carried on board and made available for inspection when required.

The notice also explains the inspection and certification process. Ships of 500 gross tonnage and above are required to undergo inspections and obtain a Maritime Labour Certificate. This certificate remains valid for up to five years, subject to successful intermediate inspections. New ships, vessels changing flag, or ships joining a new company may also be eligible for interim certification under specific conditions.

Additionally, ships below 500 GT are subject to inspections at intervals not exceeding three years, although no certificate is required to be issued. Nevertheless, shipowners may request certification on a voluntary basis. The issuance of a certificate for ships below 500 GT is recommended since it can facilitate port State control inspections and help avoid unnecessary delays in port.

Another important aspect covered in the notice is the protection of seafarers’ rights. Every seafarer serving on a Maltese ship must have a Seafarer Employment Agreement (SEA) that clearly sets out the terms and conditions of employment. In addition, ships must have an effective onboard complaint procedure, enabling seafarers to raise concerns and seek remedies in a fair and confidential manner. Contact details of relevant authorities and designated company personnel must also be readily available onboard.

The notice also reinforces the responsibilities of shipowners regarding health and safety. Employers must take all reasonable measures to provide a safe working environment, conduct risk assessments, maintain equipment, and ensure that seafarers receive appropriate training and supervision. These requirements are closely linked to the objectives and principles of the International Safety Management (ISM) Code.