SAMI Briefing Maritime Labour Convention FAQs and Text March 2013

Compliance and enforcement(a) has the necessary expertise in the relevant aspects of this Convention and an appropriateknowledge of ship operations, including the minimum requirementsfor seafarers to work on a ship, conditions of employment, accommodation, recreationalfacilities, food and catering, accident prevention, health protection,medical care, welfare and social security protection;(b) has the ability to maintain and update the expertise of its personnel;(c) has the necessary knowledge of the requirements of this Convention as well as ofapplicable national laws and regulations and relevant international instruments;and(d) is of the appropriate size, structure, experience and capability commensuratewith the type and degree of authorization.2. Any authorizations granted with respect to inspections shall, as a minimum,empower the recognized organization to require the rectification of deficiencies that itidentifies in seafarers’ working and living conditions and to carry out inspections in thisregard at the request of a port State.3. Each Member shall establish:(a) a system to ensure the adequacy of work performed by recognized organizations,which includes information on all applicable national laws and regulations andrelevant international instruments; and(b) procedures for communication with and oversight of such organizations.4. Each Member shall provide the International Labour Office with a currentlist of any recognized organizations authorized to act on its behalf and it shall keep thislist up to date. The list shall specify the functions that the recognized organizationshave been authorized to carry out. The Office shall make the list publicly available.Guideline B5.1.2 – Authorization of recognized organizations1. The organization seeking recognition should demonstrate the technical, administrativeand managerial competence and capacity to ensure the provision of timelyservice of satisfactory quality.2. In evaluating the capability of an organization, the competent authorityshould determine whether the organization:(a) has adequate technical, managerial and support staff;(b) has sufficient qualified professional staff to provide the required service, representingan adequate geographical coverage;(c) has proven ability to provide a timely service of satisfactory quality; and(d) is independent and accountable in its operations.3. The competent authority should conclude a written agreement with anyorganization that it recognizes for purposes of an authorization. The agreement shouldinclude the following elements:(a) scope of application;(b) purpose;(c) general conditions;(d) the execution of functions under authorization;(e) legal basis of the functions under authorization;75