Adapting European Legislation to the Maritime Labour Convention 2006 Regulations in Relation to the State Responsibilities of Both the Flag State and the Control of Ships by Port State Control

Abstract

The Maritime Labour Convention (MLC) 2006, which will come into force as of 20 August 2013, contemplates a new system to guarantee its regulations are being applied by including Port State Control with traditional Flag State control. The European Union has incorporated the MLC 2006 into its legislation through an agreement reached with its European social agents, as a Directive, in virtue of Article 115 of the Court of Justice of the European Commission. Thus fulfilment of the MLC 2006 has become compulsory for all EU Member States. However, it has not yet been ratified and, besides, it is subjected to certain community Port State and Flag State control mechanisms, which improve the optional character with which they are contemplated in international regulations. This work briefly explains not only the community acceptance process and its consequences, but also the effectiveness that the Port State control’s system, established in the community area, has had in 2011. The control of labour and social security conditions will soon benefit from this effectiveness.