S.I. No. 373/2025 - Merchant Shipping (Maritime Labour Convention) (Flag State Inspection and Certification) (Amendment) Regulations 2025

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 1st August, 2025.

I, SEÁN CANNEY, Minister of State at the Department of Transport, in exercise of the powers conferred on me by section 87 of the Merchant Shipping Act 2010 (No. 14 of 2010) (as adapted by the Transport, Tourism and Sport (Alteration of Name of Department and Title of Minister) Order 2020 ( S.I. No. 351 of 2020 )) and the Transport (Delegation of Ministerial Functions) Order 2025 ( S.I. No. 144 of 2025 ), hereby make the following regulations:

1. These Regulations may be cited as the Merchant Shipping (Maritime Labour Convention) (Flag State Inspection and Certification) (Amendment) Regulations 2025.

2. The Merchant Shipping (Maritime Labour Convention) (Flag State Inspection and Certification) Regulations 2014 ( S.I. No. 376 of 2014 ) are amended:

(a) in Regulation 2 —

(i) by substituting for the definition of “competent authority” the following definition:

“‘competent authority’ means that part of the Department of Transport which is known as the Marine Survey Office;”, and

(ii) by deleting the definitions of “Convention” and “Minister”,

(b) in Regulation 11(3),

(i) by substituting “existing certificate,” for “existing certificate.” in subparagraph (b), and

(ii) by inserting the following after subparagraph (b):

“(c) and completed prior to the expiry of a maritime labour certificate, and the ship is found to continue to adhere to these Regulations, but a new certificate cannot immediately be issued to and made available on board that ship, the competent authority or the recognised organisation may extend the validity of the existing certificate for a further period not exceeding five months from the expiry date of the existing certificate and endorse the certificate accordingly. The new certificate shall be valid for a period not exceeding five years from the date provided for in subparagraph (a) or (b) as appropriate.”,

and

(c) by substituting for the “Maritime Labour Certificate” in Schedule 1 the following:

“Schedule 1

Regulation 11

Maritime Labour Certificate

(Note: This Certificate shall have a Declaration of Maritime Labour Compliance attached)

Issued under the provisions of Article V and Title 5 of the Maritime Labour Convention, 2006

(referred to below as “the Convention”)

under the authority of the Government of:

...............................................................................................

(full designation of the State whose flag the ship is entitled to fly)

by.............................................................................................

(full designation and address of the competent authority or recognised organisation duly authorised under the provisions of the Convention)

Particulars of the ship

This is to certify:

1. That this ship has been inspected and verified to be in compliance with the requirements of the Convention, and the provisions of the attached Declaration of Maritime Labour Compliance.

2. That the seafarers’ working and living conditions specified in Appendix A5-I of the Convention were found to correspond to the abovementioned country’s national requirements implementing the Convention. These national requirements are summarised in the Declaration of Maritime Labour Compliance, Part I.

This Certificate is valid until ................ subject to inspections in accordance with Standards A5.1.3 and A5.1.4 of the Convention.

This Certificate is valid only when the Declaration of Maritime Labour Compliance issued at .........................on ...............is attached.

Completion date of the inspection on which this certificate is based was ......................................................................................... Issued at ............................on..............................................

Signature of the duly authorised official issuing the Certificate

(Seal or stamp of issuing authority, as appropriate)

Endorsements for mandatory intermediate inspection and, if required, any additional inspection

This is to certify that the ship was inspected in accordance with Standards A5.1.3 and A5.1.4 of the Convention and that the seafarers’ working and living conditions specified in Appendix A5-I of the Convention were found to correspond to the abovementioned country’s national requirements implementing the Convention.

Additional endorsements (if required)

This is to certify that the ship was the subject of an additional inspection for the purpose of verifying that the ship continued to be in compliance with the national requirements implementing the Convention, as required by Standard A3.1, paragraph 3, of the Convention (re-registration or substantial alteration of accommodation) or for other reasons.

Extension after renewal inspection (if required)

This is to certify that, following a renewal inspection, the ship was found to continue to be in compliance with national laws and regulations or other measures implementing the requirements of this Convention, and that the present certificate is hereby extended, in accordance with paragraph 4 of Standard A5.1.3, until ............................................. (not more than five months after the expiry date of the existing certificate) to allow for the new certificate to be issued to and made available on board the ship.

Completion date of the renewal inspection on which this extension is based was:

...............................................................................................................................

Signed: ..................................................................................................................

(Signature of authorised official)

Place: ....................................................................................................................

Date: ....................................................................................................................

(Seal or stamp of the authority, as appropriate)”.

GIVEN under my hand,

29 July 2025

SEÁN CANNEY,

Minister of State at the Department of Transport.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These Regulations give effect to the 2016 amendments to the Maritime Labour Convention 2006 and provide for the ability to extend the validity of a Maritime Labour Certificate for a period not exceeding five months after a renewal inspection, in the event a new certificate cannot immediately be issued to and made available on board that ship. The Maritime Labour Certificate is also amended to reflect this change.

1 For ships covered by the tonnage measurement interim scheme adopted by the IMO, the gross tonnage is that which is included in the REMARKS column of the International Tonnage Certificate (1969). See Article II(1)(c) of the Convention