Royal Decree 357/2015, May 8, On Compliance With And Enforcement Of The Maritime Labour Convention, 2006 Of The International Labour Organization, On Spanish Ships.

Original Language Title: Real Decreto 357/2015, de 8 de mayo, sobre cumplimiento y control de la aplicación del Convenio sobre el Trabajo Marítimo, 2006, de la Organización Internacional del Trabajo, en buques españoles.

Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2015-5163

He Convention on the work maritime, 2006 (in forward, CTM 2006), approved by the Conference International of the work of the Organization International of the work the 23 of February of 2006, was ratified by the United of Spain the 4 of February of 2010, publishing is in the «Bulletin official of the State» of 22 of January of 2013 its instrument of ratification, with entry in force the 20 of August of 2013.

This agreement includes in a single instrument, both the right of seafarers to decent conditions of work in the aspects related to your work and life, environment as the responsibility that each Member State fully comply and control, through an efficient system of inspection and certification, the application of the Convention.

In the Spanish State, the materials of the MLC 2006 subject to inspection and control are different bodies of the Ministry of employment and Social Security and the Ministry of public works. Thus, law 42/1997, of 14 November, milking of the inspection of labour and Social Security, establishes which corresponds to this organism, dependent on the Ministry of employment and Social Security, surveillance and requirement of compliance with legal, regulatory standards and normative content of collective agreements in the area of standards of management of labour and Trade Union relations , prevention of risks labor, system of security social and employment.

On the other hand, pursuant to in the Royal Decree 504/2011, April 8, organizational structure and functions of the Social Marine Institute, this entity managing the safety Social, dependent on the Ministry of employment and Social Security, compete you, among other functions, coordination and implementation of programmes and activities specific to enhance and increase maritime safety and the safety of work at sea as well as collaboration with other agencies of the Administration with competences in the fishing sector in this matter, the management, administration and recognition of the right to benefits the regime special of the Security Social of the workers of the sea, health care for the workers of the sea, maritime health and inspection and control of medical board.

Finally, direction General of the merchant, of the Ministry of public works, is the body responsible for the general management of maritime navigation and the Spanish civil fleet, under the text revised the law of State ports and merchant marine, approved by Royal Legislative Decree 2/2011, from 5 September.

In addition, Royal Decree 572/2013, 26 July, amending the Royal Decree 452/2012, of 5 March, whereby the basic organizational structure of the Ministry of development develops and modifies Royal Decree 1887 / 2011, of 30 December, which establishes the basic organizational structure of ministries , trains to it address General of the Marina merchant to issue and renew the certificate of work maritime and it Declaration of conformity labor maritime part I to which is concerns the CTM 2006. The certificate of maritime labour, supplemented by the Declaration, will have value of presumption, unless proven otherwise, that the ship has been duly inspected by the competent Spanish authorities and that complies with the requirements relating to conditions of work and life of seafarers referred to in the MLC 2006.

This provision aims to determine the structure of the procedure coordinated inspection and control of the requirements that have to meet Spanish civil vessels that may apply this Convention, as well as incorporated into Spanish law Directive 2013/54/EU of the European Parliament and of the Council of 20 November, on certain responsibilities of the flag State in respect of enforcement and the implementation of the maritime labour Convention , 2006. This directive has by object establish standards to ensure that them States members meet their obligations as State of the Pavilion, by what regard to it application of them parts relevant of the CTM 2006 and specifically, addresses aspects such as mechanisms of control and supervision of its application, personal charge of make them inspections, procedures of processing of complaints and measures corrective.

In addition, this Royal Decree contemplates the precepts of the MLC 2006 contained in the agreement concluded between the associations of owners of the European Community (ECSA) and the Federation European workers of transport (ETF) to the Convention on maritime labour, 2006, incorporated in the directive 2009/13/CE of the Council of 16 February 2009, by which agreement applies this.

On the other hand, the provisions of this Royal Decree shall not affect the application of the aforementioned directive 2009/13/EC of the Council, February 16, 2009 and directive 2009/21/EC of the European Parliament and of the Council of 23 April 2009 on the fulfilment of the obligations of the State flag, nor any better conditions of life and work for seafarers laid down therein.

In the process of this Royal Decree had been hearing process to the social partners and the Association of Spanish shipowners.

In his virtue, to proposed of the Minister of employment and security Social and of the Minister of promotion, with the approval prior of the Minister of Hacienda and administrations public, in accordance with the Council of State and prior deliberation of the Council of Ministers in its meeting of the day 8 of mayo of 2015, HAVE: article 1. Object.

This Royal Decree aims at the establishment of the rules for supervision, control and assurance of compliance with the relevant parts of the maritime labour Convention, 2006 (hereinafter MLC 2006) by Spanish vessels.

'Relevant parts of the CTM' means those precepts of the MLC, 2006, contained in the agreement of 19 May 2008 referred to in article 2.

Article 2. Definitions.

For the purposes of this Royal Decree are considered application definitions resulting from contained in the May 19, 2008 agreement between the European Community shipowners associations (ECSA) and the Federation European workers of the transport (EFT) relative to the MLC 2006.

Article 3. Authorities responsible for monitoring of the implementation and monitoring of compliance.

1. the inspection of work and security Social, the Institute Social of the Marina, that depend on of the Ministry of employment and security Social and it address General of it Marina merchant, of the Ministry of promotion, shall ensure, in the field of their respective competencies, the establishment of them mechanisms appropriate of control, included them inspections to them intervals that is contemplated in the CTM 2006 to ensure that conditions of work and life of seafarers in the Spanish-flagged vessels comply, and continue to fulfil the requirements of the MLC 2006.

2. will be established by the three agencies referred to in paragraph 1, objectives and standards clear to manage coordination of inspection systems and the general procedures for the evaluation of the degree of realisation of these objectives and standards in compliance with the provisions of the MLC 2006.

The overall coordination of inspections and planning visits to ships will be made from the central services of the General Directorate of the merchant marine through the national coordinator of the MLC 2006, who distributed the inspections to the corresponding maritime coastguard.

Subsequently, maritime Captains will be responsible for coordinating with the provincial labor and Social security inspection and the provincial directorates of the Social Marine Institute to carry out these inspections, with the ultimate aim of speeding up proceedings and avoid unnecessary delays, and as set out in paragraph 15 of the standard A5.1.4 of the MLC 2006.

In order to issue the certificate of maritime labour and the Declaration of conformity part I maritime labour will take place the action procedure laid down in article 4.

Article 4. Issuance of the certificate of work maritime and of it Declaration of conformity labour maritime part I.

1. the expedition and renewal of the certified of work maritime and of it Declaration of conformity labor maritime part I, to is concerns the CTM 2006, corresponds to the address General of the Marina merchant.

2. with character prior to such expedition or renewal, the inspection of work and security Social, the Institute Social of the Marina and it address General of the Marina merchant will develop them corresponding inspections in order to it verification, within their respective competencies, of the compliance in them ships of them requirements that sets the CTM 2006. (For this purpose: to) will correspond to the inspection of work and safety Social the checking of the following materials of the CTM 2006: age minimum (rule 1.1).

Employment of seafarers (rule 2.1) agreements.

Use of all private recruitment and placement authorized, certified or regulated service (regulation 1.4).

Hours of work and rest (rule 2.3).

Accommodation and recreation (rule 3.1).

Health and safety and prevention of accidents (rule 4.3).

Payment of wages (regulation 2.2).

(b) shall correspond to the General Directorate of the merchant marine verification of the following subjects: qualifications of seafarers (rule 1.3).


Levels of endowment of the ship (rule 2.7).

Procedures for processing complaints on Board (rule 5.1.5).

(c) will correspond to the Institute Social of the Marina the checking of the following materials: certified medical (rule 1.2).

Accommodation and recreational services, on aspects relating to health care facilities, nursing and health media (rule 3.1) on-board control.

Supply and service of fonda (rule 3.2).

Medical care on Board (rule 4.1).

The respective inspections will conclude with two separate reports, which will be binding.

3. them shipowners request to it address General of the Marina merchant, preferably by media electronic, the certification of their ships with base to the CTM 2006, according to the model included in the annex I, that will appear in the website of it cited address General for your download and filling by them interested.

The deadline to resolve and to notify shall be six months.

Appeal is may be brought against the rejection of the certification to the Secretariat General for transport of the Ministry of promotion.

Article 5. Inspections to ships that not require the certificate of work maritime nor the Declaration of conformity labour maritime part I.

1. with regard to those Spanish flag vessels which, because of their characteristics, do not need to have a certificate of maritime labour and a declaration of maritime labour compliance, the responsible authorities will plan and carry out joint inspection actions for the control of compliance with the MLC 2006.

2. in what relates to them vessels of less than 200 tons of tonnage gross that not made crossings international, them ministries of employment and security Social and building, prior consultation with them associations of shipowners and of people of sea affected, may adapt, according to it willing in the article II, paragraph 6 of the CTM 2006, them mechanisms of supervision including inspections, to take into account the specific conditions of such vessels.

Article 6. Guarantee of access on board a copy of the agreement.

The shipowner shall provide seafarers on board Spanish ships, navigating well in paper format or by electronic means, a copy of the agreement between the European Community shipowners associations (ECSA) and the Federation European workers of the transport (EFT) relative to the MLC 2006.

Also, on Board of such ships and according to the obligation established in the standard A5.1.1 paragraph 2 of the CTM 2006, must exist a copy available of the Convention on the work maritime 2006.

Article 7. Staff responsible for the supervision of compliance.

1. the authorities referred to in article 3 shall ensure that staff, including that of recognised organisations, responsible for verifying the correct implementation of the relevant parts of the MLC 2006 has training, competence, powers, the full legal authority, position and independence necessary or desirable to carry out such verification, in the areas of its competence , and ensure compliance with the relevant parts of the MLC 2006.

2. when the personal charge of them performances inspectors, included the of them organizations recognized, appreciated breaches that pose an infringement serious to them requirements of the CTM or represent a great danger for it security, it health, or the protection of the people of the sea, them communicated in its case to it captaincy maritime corresponding, so as authority maritime adopt them measures precise to the ship not leave the port until is have made them necessary actions.

All this, without prejudice to the cessation powers conferred to the Inspectorate of labour and Social Security in article 44 of the law 31/1995 of 8 November, of prevention of risks labor and 7.10 of the law 42/1997, of 14 November, ordering the inspection of labour and Social Security.

Article 8. Processing of complaints and corrective action procedures.

1. procedure of processing of complaints on board.

Seafarers may submit complaints on board the ship is where working, regarding possible violations of the provisions contained in the MLC, 2006, without that being harassed at any time therefore.

(He owner will ensure the existence in the ship of a procedure of complaints aboard, that must respect, at least, them following guidelines: to) the remission of them complaints is shall be, in first place, to the Chief of service u official top of the claimant, which will try to of resolve the affair. If the complaint cannot be resolved on board, the claimant or, at your request, the master of the vessel may refer the complaint to the shipowner, for its resolution.

However the above, seafarers may lodge complaints directly to captain, or ashore, before the harbourmaster, in accordance with the procedure laid down in paragraph 2.

(b) during all the processing of the complaint procedure, seafarers shall have the right to be accompanied and represented by another marine of their choice on board, and is entitled to protection against any harassment that may occur because of a complaint which is not manifestly abusive or malicious.

(c) complaints and decisions to be taken will be recorded, providing a copy to the claimant.

The owner will provide all seafarers on board ship a copy of the procedure of complaints on board, also including at least the following information: 1 the identification of the person or persons on board, designated to provide claimant impartial advice and confidentially about the complaint and its handling.

2. information on how to take contact with the Spanish Maritime Coastguard or, in the case of which the country of residence of the claimant is not Spain, with the competent authority of that country.

2 procedure of complaints on Earth.

Without prejudice to the procedure of complaints on board, complaints on Earth regarding possible violations of the provisions contained in the MLC, 2006, by seafarers, a professional organization, a partnership, a trade union may be submitted or, in general, by any person who concerned the security of a ship, as well as in relation to the risks that may exist for the safety or health of seafarers on board.

The Maritime Coastguard will be competent to receive complaints on earth that are formulated with respect to Spanish flag vessels. Complaints shall be filed in accordance with the form set out in annex II.

When the captaincy maritime received a complaint that not consider manifestly unfounded, or had signs of that a ship Spanish breach them rules of them parts relevant of the CTM 2006, or of that their measures of application presented deficiencies serious, will take to out them research timely and will undertake, in his case, them performances necessary for remedy the deficiency detected.

If the content of the complaint refers to materials whose control and supervision appropriate to the Inspectorate of labour and Social Security, or the Social Marine Institute, the Harbour will give transfer it for investigation and resolution.

In any case, staff who process complaints or has knowledge of its existence will maintain the confidentiality of the source of the claim or complaint denouncing a danger or deficiency in relation to the conditions of life and work of seafarers or a violation of the law and will not instruct the owner's representative or the operator of the ship that has been conducted an inspection as a result of such claim or complaint.

The complaints concerning foreign ships that ships in Spanish ports, will be processed by qualified inspectors of the General Directorate of the merchant marine and the procedure established in rule 5.2.2, Standard A5.2. and other rules established by the Paris MOU (Memorandum of Understanding).

Complaints relating to Spanish vessels carrying international navigation, which does not return to Spanish port in long periods of time or not returning to Spanish ports to have their traffic, or bases of operations in other countries, may be submitted to the official empowered in the port that made scale the people of sea, or in the embassies or consulates of Spain. If there is no embassy or consulate or Spanish in the port concerned, these complaints may be submitted at the Embassy or Consulate Dean.

In this last so-called, them complaints is sent to the Ministry of affairs foreign and of cooperation, that to your time them will send to the address General of the Marina merchant, that them will distribute to them remaining organisms according to them areas that are of your competition.

3. confidentiality.

He personal that Transact them complaints or have knowledge of its existence will keep the confidentiality of the source of it claim or complaint that denouncing a danger or deficiency in relation to them conditions of life and of work of it people of sea or an infringement of it legislation, and is refrain of indicate to the owner, to your representative or to the operator of the ship that is has led to out an inspection as consequence of such claim or complaint.

Article 9. Records software.


According to it willing in it rule 5.1.3 certified of work maritime and Declaration of conformity labour maritime, paragraph 6, Standard A5.1.3, paragraph 11, and to the rule 5.1.4 inspection and control of the application, Standard A5.1.4, paragraph 13, of the CTM 2006, it address General of the Marina merchant will create a record computer of access public with them inspections made to them ships of flag Spanish aimed at the public in general and in particular inspectors authorized for the purposes of the provisions of this Royal Decree, authorized inspectors of State control of the port and the representatives of shipowners and seafarers, where the maritime labour certificates issued or renewed shall be entered.

First additional provision. Recognized organizations.

For meet with them functions established in the article 3, it inspection of work and security Social, the Institute Social of the Marina and it address General of it Marina merchant may authorize, in his case, whenever is it allow its normative regulatory, to institutions public u others organizations, including them of another State member of the Union European, if this last was of agreement recognize that sufficient capacity, competence and independence, so that they carry out such inspections.

In this case, must establish is a system that guarantees it fitness of the work performed by them organizations recognized and procedures for it communication with such organizations and the control of them same, as it established in the article 4.3 of the Directive 2013 / 54 / EU of the Parliament European and of the Council, of 20 of November, on certain responsibilities of the State of the Pavilion in matter of compliance and control of the application of the Convention on the work maritime , 2006.

Any authorization that is grant in relation to them inspections shall entitle to it organization recognized so, as minimum, can demand that is corrected them deficiencies that is pointing in them conditions of life and of work of the people of sea and is carried out inspections to that respect when it request a state guiding of the port.

Furthermore, the General Directorate of the Merchant Marine to the International Labour Office must provide a current list of all authorised recognised organisations and their functions.

In all case, the authorities cited in the article 3 continue to being fully responsible of the inspection of them conditions of life and of work of the people of sea in them ships Spanish.

Second additional provision. Commission actions in foreign ports.

Exceptionally, in compliance of the rule 5.1.3 of the CTM 2006, is shall carry out inspections in ports foreigners to those ships that not return to port Spanish in the period of time established in such rule for its realization, both for them inspections intermediate as for it renewal of the certificate of work maritime.

The shipping company will be borne by the expenses originating as a result of the shift to other countries of the inspector team member staff.

Provision additional third. No increase of expenses of personal.

The measures included in this standard may not assume increased allowance or remuneration of other staff costs.

Provision repealing only. Repeal legislation.

All provisions of equal or lower rank shall be repealed insofar as they oppose, contravene or are incompatible with the provisions of this Royal Decree.

First final provision. Title competence.

This real Decree is dictates to the amparo of it willing in them articles 149.1.7. th and 149.1.20. th of the Constitution, relating to them powers exclusive of the State in matter of legislation labour, without prejudice of its execution by them bodies of them communities autonomous, and in matter of marina merchant, respectively.

Second final provision. Incorporation of European Union law.

By this Royal Decree joins domestic Directive 2013/54/EU of the European Parliament and of the Council of 20 November 2013, on certain responsibilities of the flag State in respect of enforcement and the implementation of the Convention on maritime labour, 2006.

Third final provision. Entry in force.

He present Royal Decree will enter in force the day following to the of your publication in the «Bulletin official of the State».

Given in Madrid, on 8 may 2015.

PHILIP R.

The Vice President of the Government and Minister of the Presidency, SORAYA SAENZ DE SANTAMARIA ANTON ANNEX I here appear several images in the original. See the PDF document official and authentic.

ANNEX II here are several images in the original. See the PDF document official and authentic.