Law Approving The Labour Convention Maritime, Adopted In Geneva On 23 February 2006 By The International Conference Of Labour At Its 94Th Session (1) (2)

Original Language Title: Loi portant assentiment à la Convention du travail maritime, adoptée à Genève le 23 février 2006 par la Conférence internationale du Travail à sa 94e session (1) (2)

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
belgiquelex.be - Carrefour Bank of Legislation

17 AOUT 2013. - An Act to Accredit the Maritime Labour Convention, adopted at Geneva on 23 February 2006 by the International Labour Conference at its 94e session (1) (2)



PHILIPPE, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1er. This Act regulates a matter referred to in Article 77 of the Constitution.
Art. 2. The Maritime Labour Convention, adopted at Geneva on 23 February 2006 by the International Labour Conference at its 94e session, will release its full effect.
Art. 3. Amendments to the Code of the Maritime Labour Convention, adopted at Geneva on 23 February 2006 by the International Labour Conference at its 94e session, adopted without Belgium opposing their adoption, will emerge their full and full effect.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 17 August 2013.
PHILIPPE
By the King:
Deputy Prime Minister and Minister for Foreign Affairs,
D. REYNDERS
Deputy Prime Minister and Minister of the North Sea,
J. VANDE LANOTTE
Deputy Prime Minister and Minister of Social Affairs,
Ms. L. ONKELINX
The Minister of Justice,
Ms. A. TURTELBOOM
For the Minister of Employment,
J. VANDE LANOTTE
The Secretary of State for Mobility,
Mr. WATHELET
Seal of the state seal:
The Minister of Justice,
Ms. A. TURTELBOOM
____
Notes
(1) Session 2012-2013
Senate
Documents. - Bill tabled on 4 July 2013, No. 5-2188/1. - Annex, No. 5 - 21882/2 Report made on behalf of the Commission, No. 5-2188/3.
Annales parliamentarians. - Discussion, meeting of 10 July 2013. - Vote, meeting of 10 July 2013.
House of Representatives
Documents. - Project transmitted by the Senate, No. 53-2945/1. - Report made on behalf of the Commission, No. 53-2945/2. - Text adopted in plenary and subject to Royal Assent, No. 53-2945/3.
Annales parliamentarians. - Discussion, session of 17/07/2013. - Vote, meeting of 17/07/2013.
(2) See Decree of the Flemish Community/Flemish Region of 04/05/2012 (Belgian Monitor of 29/05/2012), Decree of the French Community of 04/07/2013 (Belgian Monitor of 17/07/2013), Decree of the German-speaking Community of 25/02/2013 (Belgian Monitor of 20/03/2013), Decree of the Walloon Region of 10/07/2013 (Belgian Gazette of 31/07/2013), Order of the Region

MARITIME WORK CONVENTION, 2006
Preamble
The General Conference of the International Labour Organization,
Convened in Geneva by the Board of Directors of the International Labour Office and met on 7 February 2006 at its ninety-fourth session;
Desirous of creating a unique and coherent instrument that integrates as much as possible all the current standards contained in the current international conventions and recommendations of maritime work as well as the fundamental principles set forth in other international labour conventions, including:
- Convention (No. 29) on forced labour, 1930;
- Convention (No. 87) on Freedom of Association and Protection of the Right to Organise, 1948;
- the agreement (No. 98) on the right to organization and collective bargaining, 1949;
- the Equal Remuneration Convention, 1951;
- Convention (No. 105) on the abolition of forced labour, 1957;
- Convention No. 111 concerning Discrimination (Employment and Occupation), 1958;
- the Minimum Age Convention, 1973 (No. 138);
- Convention (No. 182) on the Worst Forms of Child Labour, 1999;
Aware that the Organization has a fundamental mandate to promote decent working conditions;
Recalling the ILO Declaration on Fundamental Principles and Rights at Work, 1998;
Recognizing also that seafarers may avail themselves of the provisions of other ILO instruments and shall enjoy the fundamental freedoms and rights recognized to all persons;
Considering that the activities of the marine sector are deployed worldwide and that seafarers must therefore benefit from special protection;
Also taking into account the international standards on ship safety, security and security of persons and the quality of the management of ships set out in the 1974 International Convention for the Protection of Human Life at Sea, as amended, and in the 1972 International Settlement Convention for the Prevention of Collision at Sea, as amended, as well as the requirements for the training and skills required of seafarers contained in the 1978 International Convention on the Granting of Sea Standards
Recalling that the 1982 United Nations Convention on the Law of the Sea establishes a general legal framework governing all activities on the seas and oceans, that it is of strategic importance as the basis for national, regional and global action and cooperation in the marine sector and that its integrity must be preserved;
Recalling Article 94 of the 1982 United Nations Convention on the Law of the Sea, which defines the duties and obligations of the flag State in particular with regard to working conditions, staffing and social issues on board vessels flying its flag;
Recalling Article 19, paragraph 8, of the Constitution of the International Labour Organization, which provides that the adoption of a convention or recommendation by the Conference or the ratification of a convention by a Member shall in no case be deemed to affect any law, sentence, custom or agreement that provide conditions more favourable to the workers concerned than those provided for in the convention or recommendation;
Determined to ensure that this new instrument is designed so as to collect the widest possible acceptance by governments, shipowners and seafarers attached to the principles of decent work, that it is easy to update and that it can be applied and respected effectively;
Having decided to adopt various proposals for the development of such an instrument, which constitutes the only item on the agenda of the session;
After deciding that these proposals would take the form of an international convention,
adopts on this twenty-third day of February two thousand six, the following convention, to be called the Maritime Labour Convention, 2006.
GENERAL OBLIGATIONS
Article Ier
1. Any Member who ratifies this Convention undertakes to give full effect to its provisions in accordance with the requirements of Article VI in order to guarantee the right of all seafarers to decent employment.
2. Members shall cooperate with each other to ensure the effective implementation and full compliance with this Convention.
DEFINITIONS AND APPLIANCE CHAMP
Article II
1. For the purposes of this Convention, and unless otherwise stipulated in a particular provision, the expression:
(a) Competent authority shall designate the Minister, Government Service or any other authority authorized to enact regulations, orders or other instructions that are binding in the area covered by the provision in question and enforce them;
(b) declaration of conformity of maritime work means the declaration referred to in Rule 5.1.3;
(c) gross tonnage means the gross tonnage of a vessel measured in accordance with the relevant provisions of Annex Ire the 1969 International Convention on the Measurement of Ships or any other Convention having replaced it. For vessels covered by the transitional gauge provisions adopted by the International Maritime Organization, the crude gauge is the one indicated in the OBSERVATIONS section of the International Ships Garage Certificate (1969);
(d) Maritime work certificate means the certificate referred to in Rule 5.1.3;
(e) requirements of this Convention shall refer to the requirements of articles, rules and Part A of the Code which are part of this Convention;
(f) persons of sea or marine means persons employed or engaged or engaged in any capacity on board a ship to which this Agreement applies;
(g) maritime contract refers to both the marine's contract of work and the crew's role;
(h) Recruitment and placement of seafarers means any person, company, institution, agency or other public or private sector organization engaged in the recruitment of seafarers on behalf of shipowners or their placement with shipowners;
(i) ship means any vessel that does not operate exclusively in inland waters or in waters located within or near to sheltered waters or areas where harbour regulations apply;
(j) shipowner shall designate the owner of the ship or any other entity or person, such as the manager, agent or bare hull charterer, to which the owner has entrusted the responsibility for the operation of the ship and which, by assuming that responsibility, has agreed to carry out the tasks and obligations of the shipowners under this Agreement, regardless of the fact that other entities or persons have certain responsibilities
2. Unless otherwise expressly provided, this Agreement applies to all seafarers.
3. If, for the purposes of this Agreement, the membership of a category of persons to seafarers raises a doubt, the question is decided by the competent authority of each Member after consultation with the organizations of shipowners and interested seafarers.
4. Except as otherwise expressly provided, this Agreement applies to all vessels belonging to public or private entities normally engaged in commercial activities, with the exception of fishing vessels or similar activities and traditional construction vessels such as tips and junks. This Agreement does not apply to warships or auxiliary warships.
5. In the event of a doubt about the applicability of this Agreement to a ship or to a class of ships, the matter shall be decided by the competent authority of each Member after consultation with the organizations of shipowners and interested seafarers.
6. Where the competent authority determines that it would not be reasonable or possible at this time to apply certain specific elements of the code referred to in Article VI, paragraph 1, to a ship or certain categories of vessels flying the Member's flag, the relevant provisions of that Code shall not apply, provided that the subject matter is differently governed by national legislation, collective agreements or other measures. The competent authority will only be able to decide in consultation with the organizations of shipowners and seafarers, and only for vessels of a gross tonnage of less than 200 that do not make international trips.
7. Any decision taken by a Member pursuant to paragraphs 3, 5 or 6 shall be communicated to the Director General of the International Labour Office, who shall inform the Members of the Organization.
8. Unless otherwise expressly provided, any reference to the "Convention" also applies to the rules and code.
RIGHTS AND FUNDAMENTAL PRINCIPLES
Article III
Any Member shall ensure that the provisions of its legislation comply with the following fundamental rights in the context of this Convention:
(a) freedom of association and effective recognition of the right to collective bargaining;
(b) the elimination of any form of forced or compulsory labour;
(c) the effective abolition of child labour;
(d) the elimination of discrimination in employment and occupation.
HUMAN RIGHTS AND SOCIAL RIGHTS OF MER GENS
Article IV
1. All seafarers are entitled to a safe and safe workplace where safety standards are respected.
2. All seafarers are entitled to equitable conditions of employment.
3. All seafarers are entitled to decent working and living conditions on board ships.
4. All seafarers are entitled to health protection, medical care, welfare measures and other forms of social protection.
5. Every Member shall ensure, within the limits of its jurisdiction, that the employment rights and social rights of seafarers, as set out in the preceding paragraphs, are fully respected in accordance with the requirements of this Convention. Unless otherwise provided by the latter, the observance of these rights may be ensured by national legislation, applicable collective agreements, practice or other measures.
RESPONSIBILITY OF APLICATION AND CONTROL
Article V
1. Any Member shall apply and enforce the legislation or other measures that it has adopted in order to fulfil its obligations under this Agreement with respect to vessels and seafarers under its jurisdiction.
2. Any Member shall effectively exercise its jurisdiction and control over vessels flying its flag by establishing a system to ensure compliance with the requirements of this Convention, including through regular inspections, reports, follow-up measures and prosecution in accordance with applicable legislation.
3. Every Member shall ensure that vessels flying its flag are in possession of a maritime work certificate and a declaration of conformity of maritime work, as prescribed in this Agreement.
4. Any vessel to which this Agreement applies may, in accordance with international law, be subject to an inspection by a Member other than the flag State, where it is located in one of its ports, to verify that the vessel complies with the requirements of this Agreement.
5. Any Member shall exercise its jurisdiction and control over the recruitment and placement services of seafarers possibly established in its territory.
6. Any Member shall prohibit violations of the requirements of this Convention and shall, in accordance with international law, establish sanctions or require the adoption of remedial measures under its legislation so as to discourage any violation.
7. Any Member shall fulfil the responsibilities assumed under this Convention by ensuring that vessels flying the flag of any State that has not ratified it do not receive more favourable treatment than those flying the flag of any State that has ratified it.
CODE REGULATIONS AND PARTIES A AND B
Article VI
1. The rules and provisions of Part A of the Code are binding. The provisions of Part B of the Code do not have a mandatory force.
2. Each Member undertakes to respect the rights and principles set out in the rules and to apply each of them in the manner specified in the corresponding provisions of Part A of the Code. In addition, it must duly consider fulfilling its obligations in the manner prescribed in Part B of the Code.
3. A Member who is not in a position to implement the rights and principles in the manner specified in Part A of the Code may, unless otherwise expressly provided in this Convention, apply the requirements by means of legislative, regulatory or other provisions that are all equivalent to the provisions of Part A.
4. For the purposes only of the provisions of paragraph 3 of this Article, a law, regulation, collective agreement or any other measure of application shall be considered to be equivalent in the context of this Agreement if the Member ascertains that:
(a) it promotes the full realization of the general purpose and purpose of the provision or provisions concerned in Part A of the code;
(b) it shall give effect to the relevant provision or provisions of Part A of the Code.
CONSULTATIONS WITH THE ORGANIZATIONS OF AIRS AND MER GENS
Article VII
The exemptions, exemptions and other flexible applications of this Agreement requiring, under the terms of this Agreement, the consultation of the organizations of shipowners and seafarers shall not be decided by a Member, in the absence of such representative organizations on its territory, except after consultation with the commission referred to in Article XIII.
BACKGROUND
Article VIII
1. Formal ratifications of this Convention shall be communicated to the Director General of the International Labour Office for registration.
2. This Convention is binding only on the Members of the International Labour Organization whose ratification has been registered by the Director General.
3. The convention will enter into force twelve months after the ratification of at least 30 Members representing a total of at least 33% of the world's gross tonnage has been registered.
4. Subsequently, this agreement will come into force for each Member twelve months after the date of its ratification.
DENONCIATION
Article IX
1. A Member who has ratified this Convention may denounce it upon the expiration of a period of ten years from the date of the initial entry into force of the Convention, by an act communicated to the Director General of the International Labour Office for registration. The denunciation takes effect only one year after being registered.
2. Any Member who, in the year after the ten-year period referred to in paragraph 1 of this article, is not presumed to be entitled to denunciation shall be bound for a further ten-year period and may subsequently denounce this Convention at the expiry of each new ten-year period under the conditions provided for in this article.
EFFECT OF THE ENTRE
Article X
This Convention shall review the following conventions:
Convention (No. 7) on Minimum Age (Maritime Work), 1920
Unemployment Benefit (Numbering) Convention, 1920
Convention (No. 9) on the placement of sailors, 1920
Convention (No. 16) on medical examination of young people (maritime work), 1921
Convention (No. 22) on the Contract for the Commitment of Mariners, 1926
Convention (No. 23) on the Repatriation of Mariners, 1926
Convention (No. 53) on Officer Capability Patents, 1936
Convention (No. 54) of the paid leave of the sailors, 1936
Convention (No. 55) on the obligations of the shipowner in the event of an illness or accident of the seafarers, 1936
Convention (No. 56) on the health insurance of seafarers, 1936
Convention (No. 57) on duration of work on board and staff, 1936
Convention (No. 58) (Revised) on Minimum Age (Marine Work), 1936
Food and Table Service Convention (N° 68), 1946
Convention (No. 69) on the degree of capacity of ship cooks, 1946
Convention (No. 70) on the Social Security of Seafarers, 1946
Convention (No. 72) of paid leave of sailors, 1946
Convention (No. 73) on medical examination of seafarers, 1946
Convention (No. 74) on Certificates of Qualified Capability, 1946
Crew Housing Convention, 1946 (No. 75)
Convention (No. 76) on wages, duration of work on board and staffing, 1946
Convention (No. 91) on Seafarers' Paid Leave (Revised), 1949
Crew Housing Convention (No. 92) (Revised), 1949
Convention (No. 93) on wages, duration of work on board and staffing (revised), 1949
Convention (No. 109) on wages, duration of work on board and staffing (revised), 1958
Convention (No. 133) on Crew Housing (Supplementary Provisions), 1970
Convention (No. 134) sur la prévention des accidents (gens de mer), 1970
Convention (No. 145) on Continuity of Employment (Moses), 1976
Convention (No. 146) on annual leave with pay (floor), 1976
Convention (No. 147) on Merchant Navy (minimum standards), 1976
1996 Protocol on the Convention (No. 147) on Merchant Marine (minimum standards), 1976
Convention (No. 163) on the Welfare of Seafarers, 1987
Convention (No. 164) on the Protection of Health and Medical Care, 1987
Convention (No. 165) sur la sécurité sociale des gens de mer (révisée), 1987
Convention (No. 166) on the Repatriation of Mariners (Revised), 1987
Labour Inspection Convention (No. 178), 1996
Convention (No. 179) on the Recruitment and Placement of Seafarers, 1996
Convention (No. 180) on the duration of work of seafarers and the number of vessels, 1996.
DEPOSITARY FUNCTIONS
Article XI
1. The Director General of the International Labour Office shall notify all Members of the International Labour Organization of the registration of any ratification, acceptance and denunciation that will be communicated to it under this Convention.
2. When the conditions set out in paragraph 3 of Article VIII have been met, the Director-General will draw the attention of the Members of the Organization to the date on which this Agreement will enter into force.
Article XII
The Director General of the International Labour Office will provide the Secretary-General of the United Nations, for registration in accordance with Article 102 of the Charter of the United Nations, complete information on any ratification, acceptance and denunciation registered under this Convention.
COMMISSION TRIPARTITE SPECIAL
Article XIII
1. The Board of Directors of the International Labour Office shall continuously monitor the application of this Convention through a commission established by it and with special competence in the field of maritime labour standards.
2. In order to address issues under this Convention, the Commission is composed of two representatives appointed by the Government of each Member that has ratified this Agreement and representatives of shipowners and seafarers appointed by the Board of Directors after consultation with the Maritime Joint Commission.
3. Government representatives of Member States that have not yet ratified this Convention may participate in the work of the Committee but without the right to vote on matters under the Convention. The Board of Directors may invite other organizations or entities to be represented at the commission by observers.
4. The voting rights of the representatives of the shipowners and representatives of the seafarers to the commission are weighted to ensure that each of these two groups has half of the voting rights available to all the governments represented at the meeting and authorized to vote.
AMENDMENT TO THE PRESENT CONVENTION
Article XIV
1. The General Conference of the International Labour Organization may adopt amendments to any provision of this Convention within the framework of Article 19 of the Constitution of the International Labour Organization and the rules and procedures of the Organization relating to the adoption of the conventions. Amendments to the code may also be adopted in accordance with the procedures prescribed in Article XV.
2. The text of the amendments shall be transmitted for ratification to Members whose instruments of ratification of this Convention have been registered before their adoption.
3. The text of the amended convention shall be communicated to the other Members of the Organization for ratification in accordance with Article 19 of the Constitution.
4. An amendment shall be deemed to have been accepted on the date on which the instruments of ratification of that amendment were registered or, as the case may be, instruments of ratification of the amended convention of at least 30 Members representing a total of at least 33% of the gross tonnage of the world merchant fleet.
5. An amendment adopted under Article 19 of the Constitution is binding only for Members of the Organization whose ratification was registered by the Director General of the International Labour Office.
6. For Members referred to in paragraph 2 of this Article, an amendment shall enter into force twelve months after the date of acceptance referred to in paragraph 4 of this Article, or twelve months after the date of registration of their instrument of ratification, if that date is later.
7. Subject to the provisions of paragraph 9, for Members referred to in paragraph 3 of this Article, the amended Convention shall enter into force twelve months after the date of acceptance referred to in paragraph 4 of this Article, or twelve months after the date of registration of their instrument of ratification, if that date is later.
8. For Members whose ratification of the Convention has been registered prior to the adoption of an amendment but who have not ratified it, this Convention remains in force without the amendment in question.
9. Any Member whose instrument of ratification of this Convention is registered after the adoption of the amendment, but before the date referred to in paragraph 4 of this article may specify, in a statement annexed to this Agreement, that it ratifys the Convention but not the amendment. If the instrument of ratification is accompanied by such declaration, the agreement shall enter into force for the Member concerned twelve months after the date of registration of the instrument of ratification. If the member is not accompanied by a declaration or is registered on or after the date referred to in paragraph 4, the agreement shall enter into force for the Member concerned twelve months after that date; Upon the entry into force of the amended Convention in accordance with paragraph 7 of this Article, the amendment shall be binding on the Member concerned, unless otherwise provided by that amendment.
AMENDMENTS TO CODE
Article XV
1. The code may be amended either in accordance with the procedure set out in Article XIV or, unless expressly provided otherwise, in accordance with the procedure described in this Article.
2. An amendment to the code may be proposed to the Director General of the International Labour Office by the government of a Member of the Organization, by the group of representatives of the shipowners or by the group of representatives of the seafarers appointed to the commission referred to in Article XIII. An amendment proposed by a government must have been proposed or supported by at least five Member Governments that have ratified the convention or by the group of representatives of the shipowners or seafarers.
3. After verifying that the amendment proposal meets the conditions set out in paragraph 2 of this article, the Director-General shall promptly, with any comments or suggestions deemed appropriate, communicate to all Members of the Organization by inviting them to make their comments or suggestions on this proposal available within six months or within the time limit, including between three and nine months, established by the Board of Directors.
4. Upon the expiry of the period referred to in paragraph 3 of this article, the proposal, together with a summary of the comments or suggestions made under the same paragraph, shall be forwarded to the Commission for consideration at a meeting. An amendment is deemed to be adopted:
(a) if at least half of the Governments of the Members that have ratified this Convention are represented at the meeting at which the proposal is considered;
(b) if a majority of at least two thirds of the members of the committee vote in favour of the amendment; and
(c) if this majority brings together at least half of the votes of government members, half of the votes of the representatives of the shipowners and half of the votes of the representatives of the seafarers registered at the meeting when the proposal is put to the vote.
5. An amendment adopted in accordance with paragraph 4 of this article shall be submitted to the next session of the Conference for approval. To be approved, it must collect a two-thirds majority of the votes of the delegates present. If this majority is not reached, the amendment shall be referred to the commission to review it, if it wishes.
6. The Director-General shall notify the amendments approved by the Conference to each Member whose instrument of ratification of this Convention has been registered before the date of such approval. These Members are designated as the "Members who have already ratified the Convention". The notification that they receive refers to this article and a deadline is given to them to formally express their disagreement. This period is two years from the date of notification unless, when it approves the amendment, the Conference sets a different time limit that must be at least one year. A copy of the notification is provided for information to other Members of the Organization.
7. An amendment approved by the Conference shall be deemed to have been accepted unless, before the end of the prescribed period, more than 40 per cent of the Members who have ratified the Convention and representing at least 40 per cent of the gross tonnage of the world merchant fleet of the Members who have ratified the Convention formally express their disagreement with the Director-General.
8. An amendment deemed to have been accepted shall enter into force six months after the end of the deadline for all Members who have already ratified the Convention, except those who have formally expressed their disagreement in accordance with the provisions of paragraph 7 of this article and have not withdrawn that disagreement in accordance with the provisions of paragraph 11. However:
(a) before the end of the deadline, any Member who has already ratified the Convention may inform the Director General that it will only be bound by the amendment when expressly notified of its acceptance;
(b) before the date of entry into force of the amendment, any Member who has already ratified the Convention may inform the Director General that it will not apply this amendment for a specified period of time.
9. An amendment to the notice referred to in paragraph 8 (a) of this Article shall enter into force for the Member who notified his acceptance six months after the date on which he informed the Director General that he accepts the amendment or the date on which the amendment comes into force for the first time, if the amendment is later.
10. The period referred to in paragraph 8 (b) of this Article shall not exceed one year from the date of entry into force of the amendment or extend beyond the longer period prescribed by the Conference at the time it approved the amendment.
11. A Member who has formally expressed disagreement on a particular amendment may withdraw it at any time. If the notification of such withdrawal reaches the Director General after the entry into force of the said amendment, the latter shall enter into force for the Member six months after the date on which the notification was registered.
12. Once an amendment has entered into force, the convention can only be ratified in its amended form.
13. To the extent that a Maritime Work Certificate addresses issues covered by an amendment to the Convention that has entered into force:
(a) a Member who has accepted this amendment is not required to extend the benefit of the agreement with respect to maritime work certificates issued to vessels flying the flag of another Member who:
i. has formally expressed, according to paragraph 7 of this article, disagreement with the amendment and has not withdrawn it; or
ii. a notified, in accordance with paragraph 8 (a) of this article, that its acceptance is subject to a subsequent express notification on its part and has not accepted the amendment;
(b) a Member who has accepted the amendment shall extend the benefit of the agreement with respect to certificates issued to vessels flying the flag of another Member who has notified, in accordance with paragraph 8 (b) of this Article, that it will not apply the amendment for a specified period in accordance with paragraph 10 of this Article.
TEXTS
Article XVI
The English and French versions of the text of this Convention are equally authentic.
EXPLANATORY NOTE ON REGULATIONS AND CODE OF THE MARITIME WORK CONVENTION
1. This note is not part of the Maritime Labour Agreement. It only aims to facilitate reading.
2. The convention consists of three separate but linked parts, namely articles, rules and code.
3. The articles and rules set out the fundamental rights and principles as well as the fundamental obligations of those Members that have ratified the Convention. They can only be amended by the Conference on the basis of Article 19 of the Constitution of the International Labour Organization (see Article XIV of the Convention).
4. The code indicates how the rules should be applied. It consists of part A (mandatory standards) and part B (non-mandatory principals). The code may be amended according to the simplified procedure described in Article XV of the Convention. Since it contains detailed guidance on how the provisions should be applied, any amendments that may be made to it will not reduce the general scope of the articles and rules.
5. The provisions of the rules and code are grouped under the following five titles:
Title 1: Minimum requirements for the work of seafarers on board ships
Title 2: Conditions of employment
Title 3: Accommodation, leisure, food and table service
Title 4: Health protection, medical care, welfare and social security protection
Title 5: Compliance and enforcement
6. Each title contains groups of provisions relating to a right or principle (or an enforcement measure for Title 5), with a corresponding numbering. For example, the first group of title 1 includes Rule 1.1, Standard A1.1 and Master Principle B1.1 (regarding the minimum threshold).
7. The convention has three underlying objectives:
(a) establish (in articles and rules) a solid set of rights and principles;
(b) allow Members (as per the provisions of the Code) to be flexible in their implementation of these principles and rights;
(c) Ensure (through Title 5) that principles and rights are properly respected and implemented.
8. The flexibility of application is essentially two elements: the first is the faculty given to each Member, if necessary (Article VI, para. 3), to give effect to the detailed requirements of Part A of the Code by implementing equivalent measures as a whole (as defined in Article VI, para. 4).
9. The second element of flexibility is the mandatory requirements of many of the provisions of Part A that are set out in a more general way, which leaves greater flexibility as to the specific measures to be taken at the national level. In these cases, guidance for implementation is given in Part B, not mandatory, of the code. Thus, Members who have ratified the Convention may verify the type of measures that may be expected from them under the general obligation set out in Part A, as well as the measures that would not necessarily be required. For example, standard A4.1 requires that all vessels be provided with timely access to the medicines required for medical care on board vessels (para. 1(b)) and that "any ship has a pharmacy on board" (para. 4(a)). To fulfil this obligation in good faith, it is clearly not enough to have a pharmacy on board each ship. A more precise indication of what is necessary to ensure that the contents of the pharmacy will be properly stored, used and maintained is included in the B4.1.1 (para. 4).
10. Members who have ratified the Convention are not bound by the guiding principles indicated and, as specified in Title 5 with respect to port State control, inspections will only apply to the relevant requirements (Articles, Rules and Standards of Part A). However, Members are required, under Article VI, paragraph 2, to duly consider fulfilling their obligations under Part A of the Code in the manner specified in Part B. After having duly studied the corresponding guiding principles, they can decide to make different arrangements for the storage, use and maintenance of the contents of the pharmacy, to take the example already cited. This is acceptable. However, if they follow the guiding principles of Part B, the members concerned, as well as the ILO bodies responsible for monitoring the implementation of international labour conventions, can ensure without further consideration that the arrangements made by Members show that they have adequately complied with the obligations set out in Part A.
REGLES AND CODE
PART 1er. MINIMUM CONDITIONS REQUIRED FOR THE WORK OF MER GENS A BORD OF A NAVIRE
Rule 1.1 - Minimum age
Purpose: Ensure that no person with the minimum sssge works on a ship
1. No person of a ssge below the minimum sssge may be employed or engaged or work on board a ship.
2. The minimum age at the time of the initial entry into force of this Agreement is 16 years.
3. A higher minimum ssge is required in the cases specified in the code.
Standard A1.1 - Minimum Age
1. Employment or employment or work on board a ship of any person under the age of 16 is prohibited.
2. Night work by a sailor under 18 is prohibited. For the purposes of this standard, the term "night" is defined in accordance with national legislation and practice. It covers a period of at least nine consecutive hours, beginning no later than midnight and ending no later than 5 a.m.
3. An exemption from the strict observation of the night work restriction may be decided by the competent authority when:
(a) the effective training of seafarers involved in established curricula and study plans could be compromised; or
(b) the particular nature of the tssche or an approved training program requires that seafarers affected by the exemption work at night and the authority decides, after consultation with the organizations of shipowners and seafarers, that this work will not prejudice their health or well-being.
4. The employment or engagement or work of seafarers under the age of 18 is prohibited when work is likely to compromise their health or safety. The types of work in question will be determined by national legislation or by the competent authority, after consultation with interested shipowners and seafarers organizations, in accordance with applicable international standards.
Guideline B1.1 - Minimum Age
1. When setting regulations on working and living conditions, Members should pay particular attention to the needs of young people under the age of 18.
Rule 1.2 - Medical Certificate
Purpose: ensure that all seafarers are medically able to perform their duties at sea
1. No sailor can work on a ship if he does not produce a medical certificate certifying that he is medically fit to perform his duties.
2. Exceptions are only possible in the cases specified in the code.
Standard A1.2 - Medical Certificate
1. The competent authority requires that before beginning to serve on a ship, seafarers be in possession of a valid medical certificate certifying that they are medically fit for the functions they will perform at sea.
2. To ensure that medical certificates accurately reflect the state of health of seafarers in the light of their functions, the competent authority shall determine, after consultation with the organizations of shipowners and seafarers, and with due regard to the applicable international directives referred to in Part B of the Code, the nature of the medical examination and the corresponding certificate.
3. This standard applies without prejudice to the 1978 International Convention on Standards of Training for Seafarers, Certification and Watchkeeping, as amended (STCW). A medical certificate issued in accordance with the TCCW requirements is accepted by the competent authority for the purposes of Rule 1.2. A medical certificate conforming in substance to these requirements, in the case of seafarers who are not covered by TCCW, is also accepted.
4. The medical certificate shall be issued by a duly qualified physician or, in the case of a certificate concerning only the view, by a person recognized by the competent authority as being qualified to issue such certificates. Physicians must have complete professional independence with respect to medical examination procedures.
5. In the event of a refusal to issue a certificate or limitation imposed on the fitness to work in terms of the duration, area of activity or geographic area, seafarers may be examined again by another doctor or by an independent medical arbitrator.
6. The medical certificate states that:
(a) the hearing and view of the person concerned, as well as the perception of the colors if it is a person to be employed in tssches for which the fitness for work may be diminished by daltonism, are all satisfactory;
(b) the person concerned is not affected by any medical problems that may be aggravated by the service at sea, render it unfit for that service or endanger the health of others on board.
7. Unless a shorter period is prescribed due to the nature of the functions that the individual has to perform or under TCCW:
(a) a medical certificate shall remain valid for a period of not more than two years unless the sailor is under the age of 18, in which case the maximum validity period shall be one year;
(b) a certificate relating to colour perception remains valid for up to six years.
8. In emergency cases, the competent authority may authorize a sailor to work without a valid medical certificate until the next port of call where he or she may be issued a medical certificate by a qualified physician, provided that:
(a) the validity of this authorization shall not exceed three months;
(b) the person concerned is in possession of a medical certificate of a recent date expired.
9. If the validity period of a certificate expires during a trip, the certificate remains valid until the next port of call where the sailor can be issued a medical certificate by a qualified doctor, provided that the period does not exceed three months.
10. Medical certificates from seafarers working on ships normally on international travel must be provided in English at a minimum.
Guideline B1.2 - Medical Certificate
Guideline B1.2.1 - International Guidelines
1. The competent authority, doctors, examiners, shipowners, representatives of seafarers and all other persons interested in the conduct of medical visits to determine the physical fitness of future seafarers and active seafarers should follow the Guidelines for the conduct of medical examinations of suitability prior to boarding and periodic medical examinations of seafarers ILO/WHO, including any subsequent applicable version, and all other international guidelines
Rule 1.3 - Training and qualifications
Purpose: ensure that seafarers are trained or qualified to perform their duties on board ships
1. In order to work on a ship, a sailor must have completed training, hold a certificate of capacity or be qualified to perform his or her duties.
2. Seafarers should only be allowed to work on a ship if they successfully completed individual safety training on board ships.
3. Training and patents in accordance with binding instruments adopted by the International Maritime Organization are considered to meet the requirements of paragraphs 1er and 2 of this rule.
4. Any Member who, at the time of ratification of this Convention, is bound by the provisions of the Convention (No. 74) on certificates of qualified deck capacity, 1946, must continue to comply with the obligations arising out of that instrument, unless the binding provisions relating to the matter have been adopted by the International Maritime Organization and have entered into force, or until such time has been reached, or until five years have elapsed
Rule 1.4 - Recruitment and placement
Purpose: Ensure that seafarers have access to an efficient and well-regulated system of recruitment and placement of seafarers
1. All seafarers must have access to an efficient, adequate and transparent system to find a job on board a ship at no cost.
2. Recruitment and placement services for seafarers operating in the territory of a Member must comply with the standards set out in the code.
3. Any Member shall require, with respect to seafarers working on board vessels flying its flag, that shipowners who use the recruitment and placement services of seafarers established in countries or territories to which this Agreement does not apply shall ensure that such services comply with the requirements set out in the Code.
Standard A1.4 - Recruitment and placement
1. Any Member who has established a public service for the recruitment and placement of seafarers shall ensure that this service is managed in the rules to protect and promote the employment rights of seafarers as set out in this Agreement.
2. When private services for the recruitment and placement of seafarers whose primary purpose is the recruitment and placement of seafarers or who recruit and place a significant number of seafarers operate in the territory of a Member, they can only operate under a standardized licensing or accreditation system or other form of regulation. Such a system may only be established, modified or replaced after consultation with interested shipowners and seafarers. In the event of a doubt as to whether this Agreement applies to a private recruitment and placement service, the matter must be decided by the competent authority of each Member after consultation with interested armor and seafarer organizations. Excessive proliferation of these private recruitment and placement services should not be encouraged.
3. The provisions of paragraph 2 of this standard shall also apply, to the extent that the competent authority, in consultation with the organizations of shipowners and interested seafarers, considers that they are appropriate, in the case of recruitment and placement services provided by an organization of seafarers in the territory of a Member to provide seafarers who are Member nationals to vessels flying its flag. The services referred to in this paragraph are the following:
(a) the recruitment and placement service shall be managed in accordance with a collective agreement between that organization and a shipowner;
(b) both the organization of seafarers and the shipowner are established in the territory of the Member;
(c) the Member has national legislation or a procedure to authorize or register the collective agreement that allows the operation of the recruitment and placement service;
(d) the recruitment and placement service is managed in the rules and measures comparable to those provided for in paragraph 5 of this standard exist to protect and promote the employment rights of seafarers.
4. Nothing in this norm or in Rule 1.4 is as follows:
(a) to prevent a Member from providing a free public service for the recruitment and placement of seafarers as part of a policy to meet the needs of seafarers and shipowners, whether that service is part of the public service of open employment to all workers and employers or whether it is in coordination with the latter;
(b) impose on a Member the obligation to establish in its territory a system for the management of private services for the recruitment and placement of seafarers.
5. Any Member adopting the system referred to in paragraph 2 of this standard shall, at a minimum, by legislation or by other measures:
(a) prohibit the recruitment and placement of seafarers from using means, mechanisms or lists to prevent or deter seafarers from obtaining a job for which they are qualified;
(b) prohibit the payment of fees or other costs to seafarers, directly or indirectly, in whole or in part, for the recruitment, placement or obtaining of a job, outside the cost that seafarers must assume to obtain a mandatory national medical certificate, the national professional booklet and a passport or other similar personal travel document, except the cost of visas that must be borne by the shipowner;
(c) ensure that the recruitment and placement services of seafarers operating in its territory:
i. shall maintain, for inspection by the competent authority, an up-to-date record of all seafarers recruited or placed through them;
ii. ensure that, prior to the undertaking or during the engagement process, seafarers are informed of the rights and obligations set out in their contract of engagement and that the necessary steps are taken to enable seafarers to review their contract of engagement before and after their signature and to provide a copy of the contract to them;
iii. verify that seafarers recruited or placed by their intermediary have the required qualifications and hold the required documentation for the job in question, and that maritime contracts comply with the legislation and any collective agreement included in the contract;
iv. ensure, to the extent practicable, that the shipowner has the means to avoid the abandonment of seafarers in a foreign port;
v. consider any complaints about their activities and respond to them and notify the competent authority of complaints for which no solution has been found;
vi. put in place a protection system, in the form of an appropriate insurance or equivalent measure, to compensate seafarers who have suffered monetary losses because the recruitment and placement service or the shipowner under the maritime contract did not fulfill their obligations to them.
6. The competent authority closely supervises and controls all recruitment and placement services of seafarers operating in the territory of the Member concerned. Licences or approvals or other authorizations to manage a private service in the Territory are granted or renewed only after verification that the recruiting and placement service meets the requirements of national legislation.
7. The competent authority shall ensure that appropriate mechanisms and procedures exist to investigate, if necessary, complaints relating to the activities of the recruitment and placement services of seafarers, with the assistance, where appropriate, of the representatives of shipowners and seafarers.
8. Any Member shall, to the extent possible, inform its nationals of the problems that may arise from an undertaking on a ship flying the flag of a State that has not ratified this Convention, until it is established that standards equivalent to those established by this Convention are applied. The measures taken to that effect by the Member that has ratified the convention should not be in contradiction with the principle of free movement of workers stipulated by the treaties to which the two States concerned may be parties.
9. Any Member shall require that shipowners flying its flag who use the recruitment and placement services of seafarers established in countries or territories to which this Agreement does not apply shall ensure, to the extent possible, that such services meet the requirements of this Standard.
10. Nothing in this standard has the effect of reducing the obligations and responsibilities of shipowners or a Member with respect to vessels flying its flag.
Guideline B1.4 - Recruitment and placement
Guideline B1.4.1 - Organizational and Operational Guidelines
1. By performing its obligations under paragraph 1er the competent authority should consider:
(a) take the necessary measures to promote effective cooperation between the recruitment and placement services of seafarers, whether public or private;
(b) take into account, with the participation of the shipowners, seafarers and training institutions concerned, the needs of the marine sector, at the national and international levels, in the development of training programmes for seafarers who, on board, have responsibilities in the safety of navigation and the prevention of pollution;
(c) make appropriate arrangements for the cooperation of representative organizations of shipowners and seafarers in the organization and operation of public services for the recruitment and placement of seafarers where they exist;
(d) Determine, with due regard to privacy and the need to protect confidentiality, the conditions under which personal data on seafarers may be processed by the recruitment and placement services of seafarers, including the collection, retention, overlap and communication of such data to third parties;
(e) have a mechanism for collecting and analysing relevant information on the maritime labour market, including on the current and predictable supply of seafarers, classified by ssge, sex, grade and qualifications, as well as on the needs of the sector, the collection of data on ssge or sex being admissible only for statistical purposes or if used as part of a program to prevent discrimination on the basis of sex
(f) ensure that personnel responsible for the supervision of public and private services for the recruitment and placement of seafarers who, on board, have appropriate responsibilities in the safety of navigation and pollution prevention are adequately trained, including a recognized experience of service at sea, and that they have appropriate knowledge of the marine sector, including international maritime instruments on training, capacity certificates and labour standards;
(g) prescribe operational standards and adopt codes of conduct and ethical practices for the recruitment and placement of seafarers;
(h) exercise control of the licence or licence system as part of a quality standards system.
2. When setting up the system referred to in paragraph 2 of Standard A1.4, any Member should consider requiring the recruitment and placement of seafarers established in their territory to develop and maintain verifiable operating practices. These operating practices for private recruitment and placement of seafarers and, to the extent applicable, for public services for the recruitment and placement of seafarers should include:
(a) medical examinations, identity documents of seafarers and any other formalities to which they must satisfy in order to obtain employment;
(b) the maintenance, in respect of privacy and confidentiality, of comprehensive and detailed records of seafarers covered by their recruitment and placement systems, which should at least include the following information:
i. the qualifications of seafarers;
ii. their statements of service;
iii. personal data relevant to employment;
iv. medical data relevant to employment;
(c) the maintenance of lists of vessels to which recruitment and placement services provide seafarers and the assurance that there is a means of contacting these services at any time in the event of an emergency;
(d) procedures to ensure that the recruitment and placement services of seafarers or their personnel do not exploit seafarers when it comes to obtaining a commitment on board a particular ship or in a particular company;
(e) procedures to address the operational risks of seafarers that may result from the remittance of wage advances or any other financial transaction between the shipowner and seafarers and treated by recruitment and placement services;
(f) the need to make clear the costs that seafarers may be responsible for when recruiting;
(g) the need to ensure that seafarers are informed of any specific conditions applicable to the work for which they are to be engaged, as well as the policies adopted by the shipowner regarding their employment;
(h) procedures established to deal with cases of incompetence or indiscipline in accordance with the principles of national equity, legislation and practice and, where applicable, collective agreements;
(i) procedures to ensure, to the extent feasible, that all mandatory certificates and documents submitted by seafarers for employment are up-to-date and have not been fraudulently obtained, and that professional references are verified;
(j) procedures to ensure that requests for information or advice from seafarers when seafarers are on board are processed without delay, benevolently and without charge;
(k) the verification that the working conditions on ships on which seafarers are placed comply with the applicable collective agreements between a shipowner and a representative organization of seafarers, and, in principle, the provision of seafarers only to shipowners who offer conditions of employment in accordance with applicable legislation or collective agreements.
3. International cooperation between Members and interested organizations could be encouraged, including:
(a) the systematic exchange of information on the marine labour sector and market on a bilateral, regional and multilateral basis;
(b) the exchange of information on maritime labour legislation;
(c) harmonization of policies, working methods and legislation governing the recruitment and placement of seafarers;
(d) Improved procedures and conditions for the recruitment and placement of seafarers at the international level;
e) planning of the labour force, taking into account the supply and demand of seafarers and the needs of the marine sector.
PART 2. EMPLOY CONDITIONS
Rule 2.1 - Marine commitment contract
Purpose: Provide seafarers with a fair maritime contract
1. The conditions of use of a mariner are defined or mentioned in a contract written in clear, binding terms, and must comply with the standards set out in the code.
2. The maritime contract must be approved by the mariner under conditions such as the interested party has the right to review its terms and conditions, to seek advice in this regard and to accept them freely before signing.
3. To the extent permitted by the legislation and practice of the Member, the maritime contract of engagement is defined as including applicable collective agreements.
Standard A2.1 - Marine Commitment Agreement
1. Each Member adopts legislation requiring vessels flying the flag to comply with the following requirements:
(a) on board vessels flying its flag, seafarers must be in possession of a maritime contract signed by the sailor and the shipowner or his representative, or, when they are not employed, of a document attesting to the existence of a contractual or assimilable arrangement, guaranteeing them decent working and living conditions on board as required by this Agreement;
(b) Seafarers signing a maritime contract must be able to review the document in question and seek advice before signing it and have any other facilities to ensure that they are freely bound by being duly informed of their rights and responsibilities;
(c) the shipowner and the sailor hold both an original signed of the maritime contract;
(d) measures are taken to ensure that seafarers, including the captain of the ship, are able to obtain, without difficulty, accurate information on the conditions of their employment, and that officials of the competent authority, including in ports where the ship is porting, may also access this information, including a copy of the contract of maritime undertaking;
(e) any mariner shall be provided with a document indicating its service status on board the vessel.
2. When the maritime contract is constituted for all or part by a collective agreement, a copy of this agreement is made available on board. Where the applicable maritime contract and collective agreements are not in English, the following documents are made available in English, except on vessels assigned only to domestic routes:
(a) a copy of a model contract;
(b) the parts of the collective agreement that give rise to an inspection by the port State in accordance with the provisions of Rule 5.2 of this Agreement.
3. The document referred to in paragraph 1 (e) of this standard contains no assessment of the quality of the work of the mariner and no indication of his salary. The national legislation determines the form of this document, the mentions in it and the manner in which it is recorded.
4. Any Member must pass legislation indicating the references to be included in all maritime contracts governed by national law. The maritime contract includes in all cases the following indications:
(a) the full name of the mariner, its date of birth or ssge, and its place of birth;
(b) the name and address of the shipowner;
(c) the place and date of the conclusion of the maritime contract;
(d) the function to which the mariner is to be assigned;
(e) the amount of the mariner ' s salary or the formula that may be used to calculate it;
(f) the annual leave with pay or the formula that may be used to calculate it;
(g) the term of the contract and the terms of its termination, including:
i. if the contract is concluded for an indefinite period, the conditions under which each party may denounce it and the notice period, which shall not be shorter for the shipowner than for the sailor;
ii. if the contract is entered into for a specified period, the expiry date;
iii. if the contract is entered into for a trip, the port of destination and the expiry of which the mariner's engagement ceases after arrival to destination;
(h) health protection and social security benefits to be provided to the sailor by the shipowner;
(i) the right of the sailor to repatriation;
(j) the reference to the collective agreement, if applicable;
(k) any other mentions that national legislation may impose.
5. Each Member adopts legislation establishing the minimum period of notice given by seafarers and shipowners for the early termination of the maritime contract. These notice periods are fixed after consultation with interested shipowners and seafarers and are not less than seven days.
6. A notice of a term of less than the minimum may be given in the circumstances recognized by national legislation or by the applicable collective agreements as justification for the termination of the contract with shorter notice or without notice. In determining these circumstances, the Member shall ensure that the requirement for the sailor to terminate, without penalty, the contract of engagement with shorter notice or without notice, for humanitarian reasons or for other reasons of emergency, is taken into consideration.
Guideline B2.1 - Marine Commitment Agreement
Guideline B2.1.1 - States of service
1. With regard to the information to be included in the states of service referred to in paragraph 1(e) of Standard A2.1, any Member should ensure that the document in question contains sufficient information, together with their English translation, to facilitate access to another job or to meet the required conditions of service at sea for purposes of advancement or promotion. A landing booklet may meet the requirements of paragraph 1 (e) of this standard.
Rule 2.2 - Salaries
Purpose: To ensure that seafarers receive their services
1. All seafarers must be paid for their work regularly and in full in accordance with their contract of engagement.
Standard A2.2 - Salaries
1. Each Member requires that the amounts due to seafarers working on ships flying its flag be paid at intervals not exceeding one month and in accordance with the provisions of the applicable collective agreements.
2. Seafarers receive a monthly statement of the amounts due to them and the amounts paid to them, on which wages, supplementary payments and the exchange rate applied should the payments be made in a currency or at a rate distinct from those agreed upon.
3. Every Member requires the shipowner to take measures, such as those referred to in paragraph 4 of this standard, to give seafarers the opportunity to send part or all of their remuneration to their families, dependants or their dependants.
4. Measures to be taken to ensure that seafarers are able to send their remuneration to their families include:
(a) a system allowing seafarers to request, at the time of taking up their duties or in the course of employment, that part of their salaries be paid regularly to their families, by bank transfer or by similar means;
(b) the requirement that these transfers be made in a timely manner and directly to the person or persons designated by seafarers.
5. Any costs incurred for the service referred to in paragraphs 3 and 4 of this standard shall be of a reasonable amount and, unless otherwise provided, the exchange rate applied shall, in accordance with national legislation, correspond to the current market rate or to the published official rate and shall not be unfavourable to the marine.
6. Any Member who adopts laws or regulations governing the salaries of seafarers must duly consider applying the guiding principles set out in Part B of the Code.
Guideline B2.2 - Salaries
Guideline B2.2.1 - Specific definitions
1. For the purposes of this guiding principle:
(a) Qualified sailor means any sailor who is deemed to possess the professional competence necessary to fill any tssche whose performance may be required of a deck-server, other than the tssches of supervisory or specialized personnel, or any mariner defined as such by national law or practice or under a collective agreement;
(b) basic wages or balances shall be paid, irrespective of the elements, for a normal period of work, which excludes payment of overtime, bonuses or rewards, allowances, leave with pay and other supplementary emoluments;
(c) lump-sum salary is a basic salary and other salary-related benefits; the lump-sum salary may include the pay for all overtime worked and any other salary-related benefits, or may include only certain benefits in the case of a partial plan;
(d) duration of work is the time when seafarers are required to work for the ship;
(e) overtime means hours worked in excess of the normal working period.
Guideline B2.2.2 - Calculation and payment
1. For seafarers who receive separate remuneration for overtime worked:
(a) the normal working time at sea and port should not exceed eight hours per day for the purpose of calculating wages;
(b) for the purpose of calculating overtime, the normal working hours per week, paid by the salary or the basic balance, should be determined by national legislation, provided that it is not established by collective agreements; should not exceed 48 hours; collective agreements may provide for different but no less favourable treatment;
(c) the rate or rates of pay for overtime, which should in all cases be greater than 25% at the hourly rate of pay or the basic balance, should be prescribed by national legislation or collective agreement, as the case may be;
(d) the master, or a person designated by him, should keep a record of all overtime worked; this register should be run by the mariner at intervals not exceeding one month.
2. For seafarers whose wage is wholly or partially flat:
(a) the maritime contract should clearly specify, where appropriate, the number of hours of work expected to be performed by the mariner for the intended remuneration, as well as any additional allowances that may be due in addition to the lump sum salary and in which cases;
(b) where overtime is payable for hours worked in excess of hours covered by the lump sum salary, the hourly rate should be greater than 25% at the basic hourly rate corresponding to the normal working time as defined in paragraph 1 of this guiding principle; the same principle should be applied to overtime covered by the lump sum salary;
(c) for the part of the full or partial lump sum salary that corresponds to the normal working period as defined in paragraph 1 (a) of this guiding principle, remuneration should not be less than the applicable minimum wage;
(d) for seafarers whose wage is partially flat, records of all overtime worked should be kept and started as provided for in paragraph 1er (d) of this guiding principle.
3. National legislation or collective agreements may provide that overtime or work on a weekly rest day or holidays will be compensated by at least equivalent periods of service exemption and attendance on board or by additional leave in place of pay or by any other compensation they may provide.
4. The national legislation adopted after consultation with representative organizations of shipowners and seafarers or, as the case may be, collective agreements should take into account the following principles:
(a) the principle of equal pay for work of equal value should be applied to all seafarers working on the same ship, without discrimination on the basis of race, colour, sex, religion, political opinions, national descent or social origin;
(b) the maritime contract specifying the amount or rate of wages should be available on board; information on the amount of wages or their rates should be made available to the mariner by providing at least one signed copy of the relevant information in a language that he or she understands, or by placing a copy of the contract at a location accessible to the crew, or by any other appropriate means;
(c) wages should be paid in a currency that has a legal course, if any by bank transfer, bank cheque or postal or payment order;
(d) at the end of the undertaking, any outstanding remuneration should be paid without undue delay;
(e) adequate sanctions or other appropriate measures should be taken by the competent authority against any shipowner who would unduly delay or fail to pay any due remuneration;
(f) wages should be paid directly to the bank account designated by the mariner, unless the mariner has requested in writing that it be otherwise;
(g) subject to the provisions of paragraph (h) of this paragraph, the shipowner should not in any way restrict the freedom of the sailor to have his salary;
(h) wage deductions should only be allowed if:
i. this is expressly provided for in national legislation or an applicable collective agreement and the sailor has been informed, in the manner that the competent authority considers the most appropriate, of the conditions under which such deductions are made;
ii. they do not exceed the limit, if any, established by national legislation, collective agreements or judicial decisions;
(i) no deduction should be made on the remuneration of the mariner for obtaining or retaining a job;
(j) it should be prohibited to impose fines on seafarers other than those authorized by national legislation, collective agreements or other provisions;
(k) the competent authority should be empowered to inspect the stores and services available on board to ensure that they conduct fair and reasonable prices in the interest of the seafarers concerned;
(l) the claims of workers in respect of their wages and other amounts due under their employment, to the extent that they are not guaranteed under the 1993 International Convention on Maritime Privileges and Mortgages, should be protected by a privilege, in accordance with the Convention (No. 173) on the protection of workers' claims in the event of their employer's insolvency, 1992.
5. Any Member should, after consultation with representative organizations of shipowners and seafarers, institute procedures to investigate complaints relating to all matters covered by this guiding principle.
Guideline B2.2.3 - Minimum wages
1. Without prejudice to the principle of free collective bargaining, any Member should establish, after consultation with representative organizations of shipowners and seafarers, procedures for setting minimum wages for seafarers. The representative organizations of shipowners and seafarers should participate in the operation of these procedures.
2. By establishing such procedures and setting minimum wages, due consideration should be given to international labour standards relating to minimum wages and the following principles:
(a) the level of minimum wages should take into account the nature of maritime employment, the number of vessels and the normal working time of seafarers;
(b) the level of minimum wages should be adjusted to changing the cost of living and the needs of seafarers.
3. The competent authority should ensure:
(a) by means of a monitoring and sanctions system, that wages paid are not lower than established rates;
(b) that any sailor who has been paid at a rate below the minimum rate may recover, through a judicial or other procedure, accelerated and inexpensive, the amount due to him or her.
Guideline B2.2.4 - Minimum monthly salary or base balance of qualified deckhands
1. The basic salary or balance for a calendar month of service of a qualified sailor should not be less than the amount established periodically by the Maritime Joint Commission or by another body authorized to do so by the Board of Directors of the International Labour Office. Upon a decision of the Board of Directors, the Director-General shall notify any revision of the amount so determined to the Members of the Organization.
2. Nothing in this guiding principle should be construed as affecting agreements between shipowners, or their organizations, and organizations of seafarers with regard to the regulation of minimum conditions of employment, provided that these conditions are recognized by the competent authority.
Rule 2.3 - Duration of work or rest
Purpose: ensure that seafarers have a regulated working or rest period
1. Every Member ensures that the duration of the work or rest of the sea people is regulated.
2. A Member shall establish a maximum number of hours of work or a minimum number of hours of rest over a given period in accordance with the provisions of the code.
Standard A2.3 - Length of work or rest
1. For the purposes of this standard:
(a) working hours means the time during which the sailor is required to perform work for the vessel;
(b) hours of rest means the time that is not included in the duration of work; this expression does not include short-term interruptions.
2. Within the limits set out in paragraphs 5 to 8 of this Standard, any Member shall fix either the maximum number of hours of work that shall not be exceeded during a given period of time, or the minimum number of hours of rest to be granted during a given period of time.
3. Every Member acknowledges that the working standard for seafarers, as for other workers, is eight hours, with one day of rest per week, plus the rest corresponding to holidays. However, nothing prevents a Member from adopting provisions to authorize or register a collective agreement that sets normal working hours for seafarers on a basis that is no less favourable than that norm.
4. To define national standards, any Member shall take into account the dangers of excessive fatigue of seafarers, including those whose tssches affect the safety of navigation and the safety and security of the vessel's operation.
5. The hours of work or rest are defined as follows:
(a) the maximum number of hours of work shall not exceed:
i. 14 hours per 24-hour period;
ii. 72 hours per seven-day period;
or
(b) the minimum number of hours of rest shall not be less than:
i. 10 hours per 24-hour period;
ii. 77 hours per seven-day period.
6. The rest hours cannot be split in more than two periods, one of which is at least six hours long, and the interval between two consecutive rest periods must not exceed 14 hours.
7. Gatherings, fire and evacuation exercises and exercises prescribed by national legislation and international instruments must take place in such a way as to avoid as much disruption as possible to rest periods and not to cause fatigue.
8. When a sailor is on call, for example when a machine room is without human presence, he/she has an adequate compensatory rest period if the normal duration of his/her rest is disrupted by calls.
9. If there is no collective agreement or arbitral award or if the competent authority decides that the provisions of the collective agreement or arbitral award are insufficient with respect to paragraphs 7 and 8 of this standard, the competent authority shall establish the provisions to ensure adequate rest for seafarers.
10. Each Member requires that a table specifying the organization of work on board be displayed in a readily accessible place, which must indicate for each function at least:
(a) the programme of service at sea and port;
(b) the maximum number of hours of work or the minimum number of hours of rest prescribed by national legislation or applicable collective agreements.
11. The table referred to in paragraph 10 of this standard is based on a standard model in the vessel's working languages or languages and in English.
12. Every Member requires that records of daily hours of work or rest of seafarers be maintained to ensure compliance with paragraphs 5 to 11 of this Standard. These records follow a standardized model established by the competent authority, taking into account the available guidelines of the International Labour Organization or any standard model established by the Organization. They are in the languages indicated in paragraph 11 of this standard. The mariner receives a copy of the registration to the records concerning him, which must be issued by the master, or by a person authorized by the master, as well as by the sailor.
13. Nothing in paragraphs 5 and 6 of this standard prevents a Member from adopting national legislation or a procedure allowing the competent authority to authorize or register collective agreements that provide for exemptions from the established limits. Such derogations shall, to the extent possible, be in accordance with the provisions of this standard but may take into account more frequent or longer periods of leave, or the granting of compensatory leave to seafarers or to seafarers working on short-term vessels.
14. Nothing in this standard affects the right of the master of a vessel to require a sailor to work for the immediate safety of the vessel, persons on board or cargo or to assist other vessels or persons in distress at sea. If applicable, the master may suspend the normal work or rest schedules and require a sailor to complete the required working hours until a normal situation is returned. As soon as practicable after returning to a normal situation, the master must ensure that any sailor who has performed a work while at rest time according to the normal schedule has an adequate rest period.
Guideline B2.3 - Duration of work or rest
Guideline B2.3.1 - Young Seafarers
1. At sea and port, the following provisions should apply to all young seafarers under the age of 18:
(a) the work schedule should not exceed eight hours a day or 40 hours a week, and the persons concerned should only perform additional hours when it is unavoidable for security reasons;
(b) a sufficient break should be granted for each meal and a break of at least one hour should be provided for the main meal;
(c) a 15-minute rest that will be taken as soon as possible after the end of a two-hour working period should be ensured.
2. As an exceptional measure, the provisions of paragraph 1er of this guiding principle may not be applied when:
(a) it is not possible to reconcile them with the shift service of young seafarers to bridges, machines or general service or where the team-organized work does not permit;
(b) effective training of young seafarers, according to established curricula and study plans, could be compromised.
3. Such exceptions should be registered, with an indication of the reasons, and signed by the captain.
4. Paragraph 1 of this guiding principle does not exempt young seafarers from the general obligation of all seafarers to work in any emergency situation in accordance with the provisions of paragraph 14 of A2.3.
Rule 2.4 - Right to leave
Purpose: Provide seafarers with appropriate leave
1. Every Member requires that seafarers employed on vessels flying its flag be entitled to paid annual leave in the appropriate conditions, in accordance with the provisions of the Code.
2. Land permissions are granted to seafarers for health and well-being, provided they are consistent with the practical requirements of their function.
Standard A2.4 - Right to leave
1. Each Member shall adopt legislation that determines the minimum annual leave standards applicable to seafarers engaged on vessels flying its flag, with due regard to the special needs of seafarers in respect of leave.
2. Subject to the provisions of any collective agreement or legislation providing for an appropriate method of calculation taking into account the special needs of seafarers in this regard, annual leave shall be calculated on the basis of a minimum of 2.5 calendar days per month of employment. The method of calculating the service period shall be determined by the competent authority or the appropriate body in each country. Due work absences are not counted as annual leave.
3. Any agreement relating to the waiver of the right to the minimum annual leave set out in this standard, except in the cases provided by the competent authority, is prohibited.
Guideline B2.4 - Right to leave
Guideline B2.4.1 - Calculation of rights
1. Under the conditions determined by the competent authority or by the appropriate agency in each country, any period of service carried out outside the contract of maritime undertaking should be counted in the period of service.
2. Under the conditions determined by the competent authority or set out in an applicable collective agreement, absences at work to participate in an approved maritime vocational training course or for reasons such as an illness or accident, or because of maternity, should be counted in the period of service.
3. The level of remuneration during annual leave should be that of the normal remuneration of the mariner as established by national legislation or the applicable maritime contract. In the case of seafarers employed for periods of less than one year or in the event of termination of the working relationship, the remuneration of the leave should be prorated.
4. Should not be counted on annual leave with pay:
(a) official and customary holidays recognized as such in the flag State, whether or not they are in the annual paid leave period;
(b) periods of incapacity for work resulting from diseases or accidents, or because of maternity, under the conditions determined by the competent authority or by the appropriate body in each country;
(c) temporary land permissions granted to seafarers during the contract of engagement;
(d) compensatory leave of any kind, under the conditions determined by the competent authority or by the appropriate body in each country.
Guideline B2.4.2 - Annual leave
1. The time at which the leave will be taken should be determined by the shipowner after consultation and, to the extent possible, with the agreement of the interested seafarers or their representatives, unless it is set by regulation, by collective agreement, by arbitral award or in any other manner consistent with national practice.
2. Seafarers should in principle have the right to take their vacation leave at the place where they have effective ties, that is, in general, to the place where they have the right to be repatriated. Seafarers should not be required, without their consent, to take annual leave due to them in another place, except under the provisions of the maritime contract or national legislation.
3. Seafarers who are obliged to take their vacation leave while in a place other than the place authorized in paragraph 2 of this guiding principle should be entitled to free transportation to the place closest to their home, whether it is the place of engagement or the place of recruitment; their maintenance costs and other direct-related expenses should be borne by the shipowner, and the travel time should not be deducted from the annual leave due to them.
4. Seafarers on annual leave should be reminded only in cases of extreme urgency and with their agreement.
Guiding principle B2.4.3 - Fraction and cumulative
1. The splitting of annual leave with pay or the accumulated leave acquired in a year with subsequent leave may be authorized by the competent authority or by the appropriate body in each country.
2. Subject to paragraph 1er of this guiding principle, and unless otherwise agreed by an agreement linking the shipowner and interested seafarers, the annual leave with pay recommended in this guiding principle should consist of an uninterrupted period.
Guiding principle B2.4.4 - Young seafarers
1. Special measures should be considered for any mariners under the age of 18 who served for six months, or any other shorter period under a collective agreement or a contract of maritime engagement, without leave on board a ship going abroad, who did not return to the country where he has his home during that period and will not return to it for the following three months of travel. These measures could involve giving him the right to be repatriated, at no cost to himself, instead of his original engagement in the country of his home so that he can take the accumulated leave during the trip.
Rule 2.5 - Repatriation
Purpose: To ensure that seafarers can return home
1. Seafarers have the right to be repatriated at no cost to themselves in the cases and under the conditions specified in the code.
2. Each Member requires vessels flying its flag to provide a financial guarantee to ensure that seafarers are properly repatriated in accordance with the code.
Standard A2.5 - Repatriation
1. Any Member shall ensure that seafarers on ships flying their flag have the right to be repatriated in the following cases:
(a) where the maritime contract expires while the persons concerned are abroad;
(b) where the maritime contract is denounced:
i. by the shipowner; or
ii. by the mariner for justified reasons;
(c) where the mariner is no longer in a position to perform the duties under the maritime contract or is not possible to request the mariner to exercise them in the light of special circumstances.
2. Any Member shall ensure that appropriate provisions are provided in its legislation or other measures or in collective agreements, prescribing:
(a) cases in which seafarers have the right to be repatriated in accordance with paragraph 1 (b) and (c) of this standard;
(b) the maximum duration of the boarding periods at which seafarers are entitled to repatriation; these periods shall be less than twelve months;
(c) the details of the rights to be granted by the shipowner in respect of repatriation, including the destination of repatriation, the mode of transport, the expenses to be borne and other provisions to be taken by the shipper.
3. Any Member shall prohibit the shipowner from requiring the sailor, at the beginning of his or her employment, an advance to cover the costs of his or her repatriation and, also, to recover to the sailor the costs of repatriating on his or her salary or other rights, unless the employee has been recognized, in accordance with national legislation, other provisions or applicable collective agreements, guilty of a serious breach of his or her employment obligations.
4. National legislation must not impede the right of the shipowner to recover the cost of repatriation for contractual arrangements with third parties.
5. If a shipowner fails to make arrangements for the repatriation of a sailor who is entitled to it or to assume the costs of it:
(a) the competent authority of the flag State shall organize the repatriation of the sailor; if it fails to do so, the State from which the sailor must be repatriated or the State of which he is a national may organize the repatriation and recover the costs from the flag State;
(b) the flag State may recover from the shipowner the costs incurred for the repatriation of the sailor;
(c) repatriation costs shall in no case be borne by the mariner, except as provided for in paragraph 3 of this standard.
6. Taking into account applicable international instruments, including the 1999 International Convention on the Preservation of Ships, a Member who has paid the cost of repatriation in accordance with the provisions of the Code may immobilize the vessels of the relevant shipowner, or request their capital, until the reimbursement is made in accordance with the provisions of paragraph 5 of this Standard.
7. Any Member facilitates the repatriation of seafarers who serve on ships that are porting in its ports or through its territorial or internal waters, as well as their replacement on board.
8. In particular, a Member must not deny a sailor the right to be repatriated because of the financial situation of a shipowner or on the grounds that the shipowner is unable or refuses to replace the shipowner.
9. Each Member requires that, on vessels flying its flag, a copy of the national provisions applicable to repatriation be held and made available to seafarers in the appropriate language.
Guideline B2.5 - Repatriation
Guiding principle B2.5.1 - Conditions for repatriation
1. Every sailor should have the right to be repatriated:
(a) in the case set out in paragraph 1 (a) of Standard A2.5, at the end of the notice period given in accordance with the provisions of the maritime contract;
(b) in the cases provided for in paragraph 1 (b) and (c) of A2.5:
i. in the event of illness or accident or for another medical reason that requires the repatriation of the sailor when he is medically recognized in a state of travel;
ii. in the event of sinking;
iii. when the shipowner is no longer in a position to fulfil its legal or contractual obligations to the mariner because of insolvency, sale of the ship, change of registration of the ship, or for any other similar reason;
iv. when a ship goes to a war zone, as defined by national legislation or the contract of maritime engagement, where the sailor does not agree to surrender;
v. in the event of termination or suspension of the use of the mariner in accordance with an arbitral award or a collective agreement, or in the event of termination of employment for any other similar reason.
2. To determine the maximum duration of the boarding periods at which the sailor is entitled to repatriation, in accordance with this code, consideration should be given to factors affecting the marine's work environment. Any Member should, to the extent possible, make every effort to reduce these durations based on changes and changes in technology and could be guided by the Maritime Joint Commission's recommendations on this matter.
3. In accordance with A2.5, the cost of the shipowner in the event of repatriation should include at least:
(a) travel to the destination chosen for repatriation in accordance with paragraph 6 of this guiding principle;
(b) the accommodation and food of the sailor from the time he leaves the vessel until he arrives at the destination of repatriation;
(c) compensation and compensation from the time the sailor leaves the vessel until he arrives at the destination of repatriation if it is provided by national legislation or collective agreements;
(d) the transport of 30 kilograms of personal baggage from the sailor to the destination of repatriation;
(e) medical treatment, if necessary, until the state of health of the sailor allows him to travel to his destination for repatriation.
4. The time spent waiting for repatriation and the duration of the trip should not be deducted from the paid leave that the sailor acquired.
5. The shipowner should continue to bear the repatriation costs until the mariner is disembarked to a destination set in accordance with this code, or until the ship is given a suitable service on board a ship to one of these destinations.
6. Any Member should anticipate that the shipowner will be responsible for organizing repatriation by appropriate and timely means. Air transport should be the normal mode of transport. The Member should prescribe the destinations to which seafarers can be repatriated. These destinations should include countries with which seafarers are deemed to have effective ties, including:
(a) the place where the sailor agreed to engage;
(b) the place stipulated by collective agreement;
(c) the country of residence of the mariner;
(d) any other place agreed between the parties at the time of the undertaking.
7. The sailor should have the right to choose, from the prescribed destinations, the place to which he must be repatriated.
8. The right to repatriation may expire if the sailor concerned does not claim it within a reasonable period of time defined by national legislation or collective agreements.
Guideline B2.5.2 - Implementation by Members
1. All possible practical assistance should be provided to the sailor remaining in a foreign port pending repatriation and, in the event of delay in repatriation, the competent authority of the foreign port should ensure that the consular representative or local representative of the flag State and the State of which the sailor is a national or the State in which he resides are informed immediately.
2. In particular, any Member should ensure that satisfactory arrangements exist:
(a) that any mariner employed on a ship flying the flag of a foreign country be repatriated when it is landed in a foreign port for a cause of which it is not responsible:
i. or to the port of engagement;
ii. or to a port of the State of which it is a national or of the State where it resides, as the case may be;
iii. or to any other port established by agreement between the individual and the master or armor, with the approval of the competent authority or subject to other appropriate safeguards;
(b) for any mariner employed on a flagship ship in a foreign country to receive medical care and maintenance benefits when it is disembarked in a foreign port because of an illness or accident that occurred without intentional fault on the part of the ship.
3. If it appears that after serving on a ship for at least four months during his first voyage abroad a sailor under the age of 18 is not fit for life at sea, he should have the opportunity to be repatriated, at no cost to himself, of the first port of relssche which is lent in which there are consular services of the State of the flag of the ship or of the State of which the ship or of the State of which the ship is Repatriation under the above conditions and its reasons should be notified to the authorities who issued the document that allowed the young sailor to board.
Rule 2.6 - Compensation of seafarers in the event of vessel loss or sinking
Purpose: ensure that seafarers will be compensated in the event of vessel loss or sinking
1. Seafarers are entitled to adequate compensation in the event of injury, loss or unemployment resulting from the loss of the vessel or sinking.
Standard A2.6 - Compensation for seafarers in the event of vessel loss or sinking
1. Any Member shall make arrangements to ensure that, in the event of loss of the vessel or sinking, the shipowner shall pay to each sailor on board an allowance to face unemployment resulting from loss or sinking.
2. The provisions of paragraph 1er of this standard shall be without prejudice to any other rights that seafarers may have under the national legislation of the Member concerned in the event of loss or injury arising out of the loss of the vessel or sinking.
Guiding principle B2.6 - Compensation of seafarers in the event of vessel loss or sinking
Guideline B2.6.1 - Calculation of unemployment allowance
1. The compensation payable for unemployment resulting from the loss of the vessel or sinking should be paid for every day of the effective period of marine unemployment at the rate of pay payable under the contract of engagement, but the total amount of compensation payable to each mariner may be limited to two months' salary.
2. Any Member should ensure that seafarers may use the same legal procedures for the recovery of such allowances as for the recovery of salary arrears earned during service.
Rule 2.7 - Staffing
Purpose: Ensure that seafarers work on vessels with sufficient personnel to ensure the safety, efficiency and safety of the operation of ships
1. Each Member requires that all vessels flying its flag be equipped with a sufficient number of seafarers employed on board to ensure the safety and efficiency of the vessel's operation, with the necessary attention to safety, regardless of the circumstances, given the desire to avoid excessive fatigue to seafarers as well as the particular nature and conditions of the voyage.
Standard A2.7 - Staffing
1. Each Member requires that all vessels flying its flag have sufficient personnel on board to ensure the safety and efficiency of the operation of ships, with the necessary attention given to safety. Every vessel shall have a sufficient number and quality of crew on board to ensure the safety and security of the vessel and its personnel, regardless of the operating conditions, in accordance with the document specifying the minimum security force or any other equivalent document established by the competent authority, and to meet the standards of this Agreement.
2. In determining, approving or revising the strength of a vessel, the competent authority shall take into account the need to avoid or restrict an excessive period of work in order to ensure sufficient rest and to limit fatigue, as well as the principles set out in applicable international instruments, including those of the International Maritime Organization.
3. When determining the number of employees, the competent authority shall take into account all requirements of Rule 3.2 and Standard A3.2 concerning the supply and the table service.
Guideline B2.7 - Staffing
Guideline B2.7.1 - Settlement of Disputes
1. Any Member should establish or verify that there is an effective mechanism to investigate and resolve complaints or disputes relating to the vessel's workforce.
2. Representatives of armor and seafarer organizations should participate, with or without other persons or authorities, in the operation of this mechanism.
Rule 2.8 - Development of careers and professional skills and employment opportunities for seafarers
Purpose: To promote the development of careers and professional skills and the employment opportunities of seafarers
1. Each Member must have national policies to promote employment in the marine sector and encourage career development and professional skills development as well as improved employment opportunities for seafarers domiciled in its territory.
Standard A2.8 - Development of careers and professional skills and employment opportunities for seafarers
1. Each Member must have national policies that encourage the development of careers and professional skills and the employment opportunities of seafarers, so that the marine sector is provided with a stable and competent workforce.
2. The policies referred to in paragraph 1 of this standard are intended to assist seafarers in strengthening their skills, qualifications and employment opportunities.
3. Each Member, after consultation with interested shipowners and seafarers' organizations, sets clear objectives for the guidance, education and professional training of seafarers whose functions on board the ship are primarily related to the safety of the vessel's operation and navigation, including on continuing training.
Guiding principle B2.8 - Development of careers and professional skills and employment opportunities for seafarers
Guideline B2.8.1 - Measures to promote the development of careers and professional skills and the employment opportunities of seafarers
1. Measures to be taken to achieve the objectives set out in A2.8 could include:
(a) agreements on career development and training with a shipowner or armor organization;
(b) provisions to promote employment in the establishment and maintenance of registers or lists by category of qualified seafarers;
(c) the promotion of opportunities, on board and on land, of professional development of seafarers in order to develop their professional skills and to equip them with transferable skills, in order to enable them to find decent work and to keep it, to improve the job prospects of each person and to adapt to the technological developments and conditions of the labour market in the marine sector.
Guiding principle B2.8.2 - Registry of Seafarers
1. When registers or lists govern the employment of seafarers, these registers and lists should include all professional categories of seafarers in a manner determined by national legislation or practice or collective agreements.
2. Seafarers registered on such a register or list should have priority to engage in navigation.
3. Seafarers registered in such a register or list should be ready to work in such manner as national legislation or practice or collective agreements will determine.
4. To the extent permitted by national legislation, the number of registers and lists of seafarers should be reviewed periodically to set it to a level commensurate with the needs of the marine sector.
5. When a reduction in the number of such a register or a list becomes necessary, any useful measures should be taken to prevent or mitigate the adverse effects of such a register on seafarers, taking into account the economic and social situation of the country.
PART 3. LOGING, LOISIRS, ALIMENTATION AND TABLE SERVICE
Rule 3.1 - Housing and leisure
Purpose: ensure that seafarers have decent accommodation and leisure places
1. Every Member ensures that ships flying its flag provide and maintain for seafarers working and living on board decent housing and leisure places to promote their health and well-being.
2. The requirements of the code implementing this rule relating to the construction and equipment of vessels shall apply only to vessels constructed on or after the date of entry into force of this Agreement for the Member concerned. For vessels constructed prior to that date, the requirements for the construction and equipment of vessels set out in the Crew Housing Agreement (No. 92) (Revised), 1949, and the Crew Housing Agreement (No. 133) (Supplementary Provisions), 1970, will continue to apply, to the extent that they were applicable before that date under the legislation or practice of the Member concerned. A vessel is deemed to have been built on the date on which its keel was laid or when its construction is at an equivalent stage.
3. Unless otherwise expressly provided, any limitation resulting from an amendment to the code relating to the accommodation of seafarers and places of leisure shall apply only to vessels built on or after the date on which the amendment will take effect for the Member concerned.
Standard A3.1 - Housing and leisure
1. Each Member adopts legislation requiring vessels flying their flag:
(a) meet the minimum standards necessary to ensure that the accommodation available to seafarers working or living on board is safe, decent and in accordance with the relevant provisions of this standard;
(b) be subject to inspections to ensure the initial and permanent compliance of these standards.
2. For the development and application of the legislation relating to this standard, the competent authority, after consultation with interested shipowners and seafarers organizations:
(a) takes into account Rule 4.3 and the corresponding provisions of the Code concerning the protection of health and safety and the prevention of accidents in the light of the specific needs of seafarers who live and work on board vessels;
(b) Consider duly following the guiding principles contained in Part B of the Code.
3. The inspections prescribed by Rule 5.1.4 shall take place:
(a) in the first registration of the vessel or in a new registration;
(b) in the event of a substantial change in the accommodation of seafarers on board the vessel.
4. The competent authority shall give special care to the application of the requirements of this Convention concerning:
(a) the size of cabins and other accommodation;
(b) heating and ventilation;
(c) noise and vibration and other ambient factors;
(d) sanitary facilities;
(e) lighting;
(f) Infirmary.
5. The competent authority of any Member shall ensure that vessels flying the flag of that Member shall observe, with respect to accommodation facilities and recreational areas on board, the minimum standards set out in paragraphs 6 to 17 of this Standard.
6. For general housing requirements:
(a) in all premises for the accommodation of seafarers, the height of free space must be sufficient; it shall not be less than 203 centimetres in the premises intended for the accommodation of the seafarers in order to ensure an entire ease of movement; the competent authority may authorize a reduction, within certain limits, of the height of the free space in all or part of the space of these premises if it considers that this reduction:
i. is reasonable;
ii. do not harm the comfort of seafarers;
(b) housing needs to be properly isolated;
(c) on vessels other than passenger vessels, as defined in Rule 2 (e) and (f) of the 1974 International Convention for the Protection of Human Life at Sea, as amended (SOLAS Convention), cabins shall be located above the loading line, in the middle or rear of the vessel, except in exceptional cases where they may be located at the front of the ship, because another vessel would not be considered to be
(d) on passenger vessels, and on special vessels constructed in accordance with the provisions of the IMO Special Ship Safety Rules, 1983, and its subsequent versions (hereinafter referred to as "Special Ships"), the competent authority may, subject to satisfactory arrangements for lighting and ventilation, allow cabins to be installed below the load line but in no circumstances just below the load line;
(e) cabins shall not open directly to cargo compartments, engine room, kitchens, shops, dryers or common sanitary facilities; the parts of the partitions separating these premises from the cabins, as well as the outer partitions, shall be properly constructed of steel or any other approved material and shall be waterproof and gas impermeable;
(f) materials used to build inner partitions, panels and coatings, soils and connections shall be adapted to their use and appropriate to ensure a health-safe environment;
(g) the dwellings must be well lit and sufficient devices shall be provided for water flow;
(h) the facilities provided for housing, leisure and table service shall comply with the requirements of Rule 4.3 and the corresponding provisions of the code relating to the protection of health and safety, as well as the prevention of accidents with regard to the prevention of exposure to harmful levels of noise and vibration and other environmental factors as well as to substances that are acceptable on board ships and to ensure to people
7. For ventilation and heating:
(a) cabins and refectories shall be properly ventilated;
(b) all vessels, apart from those regularly navigating in areas where the temperate climate does not require it, shall be equipped with an air conditioning system for the accommodation of seafarers, the radio station and any central machine control station;
(c) the aeration of all sanitary facilities shall be carried out by direct communication with the open air, regardless of any other part of the accommodation;
(d) a satisfactory heating system shall provide the required heat, except on board vessels operating exclusively under tropical climates.
8. With respect to lighting requirements, subject to special modifications, possibly authorized on board passenger vessels, cabins and refectories shall be illuminated by natural light and provided with adequate artificial lighting.
9. When cabins are required on board vessels, they shall meet the following requirements:
(a) on vessels other than passenger vessels, each marine must have an individual cabin; in the case of vessels of a gross tonnage of less than 3,000 or special vessels, the competent authority may, after consultation with the organizations of shipowners and interested seafarers, authorize derogations from this requirement;
(b) separate cabins shall be made available to men and women;
(c) the cabins shall be of a suitable size and shall be fitted in such a way as to ensure reasonable comfort and facilitate the proper maintenance of the cabins;
(d) each mariner must have its own bunk at all times;
(e) the inner dimensions of the layers shall not be less than 198 centimetres over 80 centimetres;
(f) the area by occupant of seafarers ' cabins at a single bunk shall not be less than:
i. 4.5 square meters on vessels of a gross tonnage less than 3,000;
ii. 5.5 square metres on vessels of a gross tonnage equal to or greater than 3,000 but less than 10,000;
iii. 7 square meters on vessels of a gross tonnage equal to or greater than 10,000;
(g) However, in order to allow the use of single-layer cabins on vessels of a gross tonnage of less than 3,000, passenger vessels and special vessels, the competent authority may authorize a reduced area;
(h) on vessels of a gross tonnage of less than 3,000 other than passenger vessels and special vessels, cabins may be occupied by a maximum of two sailors. The size of these cabins shall not be less than 7 square metres;
(i) on board passenger vessels and special vessels, the size of the cabins of seafarers who do not perform the duties of an officer shall not be less than:
i. 7.5 square meters for two-person cabins;
ii. 11.5 square meters for three-person cabins;
(iii) 14.5 square metres for four-person cabins;
(j) on special vessels, cabins may be occupied by more than four persons. The area per occupant of these cabins shall not be less than 3.6 square metres;
(k) on vessels other than passenger vessels and special vessels, the area per occupant of cabins for seafarers performing the duties of an officer, where they do not have a particular living room or office, shall not be less than:
i. 7.5 square meters on vessels of a gross tonnage less than 3,000;
ii. 8.5 square metres on vessels of a gross tonnage equal to or greater than 3,000 but less than 10,000;
iii. 10 square meters on vessels of a gross tonnage equal to or greater than 10,000;
(l) on passenger vessels and special vessels, the area per occupant of cabins for seafarers who perform the duties of an officer, where they do not have a particular living room or office, shall not be less than 7.5 square metres for junior officers and 8.5 square metres for senior officers. Subalternal officers are officers at the operational level and senior management officers;
(m) the captain, the chief engineer and the second captain shall have a room adjacent to their cabin which shall serve them as a separate lounge or office or equivalent space. The competent authority may exempt vessels of a gross tonnage less than 3,000 after consultation with interested shipowners and seafarers from this obligation;
(n) for each occupant, the furniture shall include a clothing cabinet with a minimum capacity of 475 litres and a drawer or equivalent space of at least 56 litres. If the drawer is incorporated into the cabinet, the combined minimum volume of the cabinet must be 500 litres. It must be provided with a shelf and its user must be able to lock it to a key in order to preserve its privacy;
(o) each cab shall be provided with a table or office, a fixed, foldable or sliding model, and comfortable seats as required.
10. For refectory requirements:
(a) Refectories shall be separated from the cabins and located as close to the kitchen as possible. The competent authority may, after consultation with interested shipowners and seafarers, exempt from this obligation vessels of a gross tonnage less than 3,000;
(b) Refectories shall be of sufficient size and comfort and be appropriately furnished and furnished, including with regard to the possibility of obtaining drinks at any time, given the number of seafarers who may use them at any given time. Separate or common refectories are provided where appropriate.
11. As regards the requirements for sanitary facilities:
(a) All seafarers must have convenient access to sanitary facilities on board meeting minimum standards of health and hygiene and reasonable standards of comfort, with separate facilities provided for both men and women;
(b) there shall be easily accessible sanitary facilities of the navigation gateway and the engine room or located near the control station of that room; the competent authority may exempt vessels of a gross tonnage less than 3,000 from that obligation after consultation with interested shipowners and seafarers organizations;
(c) on board any vessel, a washbasin, bathtub or shower, or both, shall be provided in an appropriate place for each group of six or less persons who do not have personal facilities;
(d) except on passenger vessels, each cabin shall be equipped with a washbasin supplied with running, hot and cold fresh water, except where there is one in the adjacent toilet;
(e) on board passenger vessels normally carrying out travel for a period not exceeding four hours, the competent authority may consider special provisions or a reduction in the number of sanitary facilities required;
(f) all cleanliness water points shall be fed in common, hot and cold freshwater.
12. With respect to the requirements for the infirmary, any vessel having 15 or more sailors and travelling for a period of more than three days has a separate infirmary for exclusively medical purposes. The competent authority may grant derogations to this provision with respect to vessels assigned to coastal navigation. When the infirmary is approved, the competent authority must ensure that it is easy to access all times and that its occupants are comfortably housed and can receive the necessary care quickly.
13. Properly located and equipped laundry facilities must be provided.
14. On board all ships, seafarers must be able to have access outside of their hours of service to one or more locations on an uncovered bridge; This space must have a sufficient area, taking into account the size of the vessel and the number of seafarers on board.
15. All vessels shall have separate offices or a joint office of the vessel for the service of the bridge and for the service of the machinery; the competent authority may exempt from this obligation vessels of a gross tonnage less than 3,000 after consultation with interested shipowners and seafarers organizations.
16. Vessels regularly affecting infested mosquito ports shall be equipped accordingly according to the requirements of the competent authority.
17. Appropriate facilities, amenities and recreational services, adapted to the special needs of seafarers who must live and work on board ships, are made available to all seafarers on board, taking into account the provisions of Rule 4.3 and the corresponding provisions of the Code relating to the protection of health and safety and the prevention of accidents.
18. The competent authority must require frequent inspections on board the vessels by the master or under his authority, so that the accommodation of seafarers is maintained in good condition of maintenance and cleanliness and provides decent conditions of habitability. The results of each inspection are documented in writing and are available for consultation.
19. In the case of vessels where it is necessary to take into account, without discrimination, the interests of seafarers with different and distinct religious and social practices, the competent authority may, after consultation with the organizations of shipowners and interested seafarers, authorize derogations, applied fairly, from the provisions of this standard, provided that it does not result in a situation which, in general, would be less favourable than that of the standard.
20. Any Member may, after consultation with interested shipowners and seafarers, exempt from the requirements of this standard listed below vessels of a gross tonnage less than 200 where reasonable, taking into account the size of the vessel and the number of persons on board:
(a) paragraphs 7 (b), 11 (d) and 13;
(b) paragraph 9 (f) and (h) to (l), only with regard to the area.
21. Derogations from the requirements of this standard will only be possible in cases expressly provided for in this Standard and only in special circumstances where solid grounds may be invoked to justify it and subject to the protection of the health and safety of seafarers.
Guideline B3.1 - Housing and leisure
Guideline B3.1.1 - Design and construction
1. The exterior partitions of the cabins and refectories should ensure adequate insulation. The cashing of the machines, as well as the bulkheads that limit the kitchens or other premises that emit heat, should be properly calorifused when this heat could inconvenience in adjacent dwellings and courtyards. Provisions should also be made to ensure protection against the effects of heat generated by steam or hot water pipes, or both.
2. The cabins, refectories, recreation rooms and courtyards inside the crew's accommodation should be properly insulated so as to avoid excessive condensation or heat.
3. The partitions and ceilings should be made of a material whose surface can easily be maintained in cleanliness. It would be necessary to avoid any type of construction that could be protected from vermin.
4. The partitions and ceilings of the cabins and refectories should be easily maintained in cleanliness and should be of a clear, resistant and non-toxic colour.
5. Materials and the construction of bridge coatings in any premises assigned to the accommodation of seafarers should be approved; these coatings should be anti-slip and waterproof to moisture, and their cleanliness should be easy.
6. When the bridge coatings are made of composite material, the connection with the walls should be profiled to avoid slits.
Guideline B3.1.2 - Ventilation
1. The ventilation system for cabins and refectories should be adjustable to maintain air in satisfactory conditions and ensure sufficient circulation of air in all weather and climates.
2. Air conditioning systems, whether individual or central, should be designed to:
(a) to maintain the atmosphere at a satisfactory temperature and relative humidity relative to the external atmospheric conditions, to ensure sufficient air-renewal in all air-conditioned premises, to take into account the particular characteristics of the operation at sea and not to produce excessive vibration or noise;
(b) facilitate maintenance and disinfection to prevent or control the spread of diseases.
3. The driving force required to operate the air conditioning system and other ventilation systems provided for in the above paragraphs of this guiding principle should be available at all times when seafarers live or work on board and when circumstances require it. However, it is not necessary to use a source of emergency energy for this purpose.
Guideline B3.1.3 - Heating
1. The heating system for the accommodation of seafarers should work throughout the time when seafarers live or work on board and when circumstances require it.
2. On board any vessel where a heating system is required, it should be provided by hot water, hot air, electricity, steam or equivalent means. However, in the housing area, steam should not be used for heat transmission. The heating system should be able to maintain in the accommodation of seafarers the temperature at a satisfactory level in the normal weather and climate conditions that the vessel is likely to meet during navigation. The competent authority should prescribe the conditions to be met.
3. radiators and other heating appliances should be placed and, if necessary, protected in such a way as to avoid the risk of fire and not constitute a source of danger or inconvenience for occupants of the premises.
Guiding principle B3.1.4 - Elairage
1. Any ship should be provided with a facility to illuminate the accommodation of seafarers to electricity. If two independent sources of electricity are not available on board, additional emergency lighting should be provided through appropriate model lamps or lighting devices.
2. In the cabins, an electric reading lamp should be placed at the head of each layer.
3. Appropriate natural and artificial lighting standards should be established by the competent authority.
Guideline B3.1.5 - Cabins
1. Layers should be fitted in such a way as to ensure the maximum possible comfort to the sailor and partner who may accompany him.
2. Where reasonable and feasible, taking into account the size of the vessel, the activity to which it is assigned and its fitting, the cabins should be designed and equipped with a toilet room, in order to ensure reasonable comfort to their occupants and to facilitate the proper maintenance of the cabins.
3. As far as practicable, the cabins should be divided to separate the quarters and to avoid the fact that people who work the day and people who provide the quarters share the same cabin.
4. Staff should not be accommodated more than two per cabin.
5. Where feasible, consideration should be given to the second mechanic of the provision in paragraph 9 (m) of standard A3.1.
6. The space occupied by bunks, cabinets, dressers and seats should be included in the calculation of the area. Exigu or irregular spaces that do not actually increase the space available to circulate and which cannot be used to place furniture should not be included in this calculation.
7. The overlay of more than two layers should be prohibited. In the event that bunks are placed along the vessel's wall, it should be prohibited to overlay bunks where a porthole is located above a bunk.
8. When layers are superimposed, the lower layer should not be placed less than 30 centimetres from the floor; the upper layer should be arranged about half-height between the bottom of the lower layer and the underside of the ceiling barrots.
9. The frame of a layer and, where applicable, the rollboard should be of an approved material, hard, smooth and not likely to corrod or shelter from the vermin.
10. The tubular frames, possibly used for the construction of the layers, should be fully closed and should not contain perforations that could provide access to the vermin.
11. Each bunk should be equipped with a comfortable mattress with a baseboard or a combined sleeping mattress. The mattress and padding should be of an approved material. A matter of nature should not be used for mattress padding to house vermin.
12. When layers are superimposed, a dust-proof bottom should be attached below the spring base of the upper layer.
13. Furniture should be constructed of smooth and hard material, not likely to distort or corrod.
14. Cab windows should be packed with curtains or equivalent.
15. Each cabin should be fitted with a mirror, small closets for toiletries, a book shelf and a sufficient number of pavements.
Guideline B3.1.6 - Refectories
1. Refectories may be common or separated. The decision should be made after consultation with representatives of seafarers and shipowners and subject to the approval of the competent authority. Consideration should be given to factors such as the size of the vessel and the various cultural, religious or social characteristics of the seafarers.
2. In the case of separate refectories for seafarers, separate refectories should be provided to:
(a) the master and officers;
(b) buttrance personnel and other seafarers.
3. On board vessels other than passenger vessels, the area of refectories for use by seafarers should not be less than 1.5 square metres per scheduled seating position.
4. On board all vessels, refectories should be provided with appropriate, fixed or removable tables and seats, in a sufficient number for the largest number of seafarers who may use them at the same time.
5. The following facilities should be usable at any time when seafarers are on board:
(a) a refrigerator with convenient access and sufficient capacity for the number of persons using the refectories;
(b) facilities for hot drinks;
(c) fresh water distribution facilities.
6. A suitable installation for washing table utensils and closets sufficient to store these utensils should be provided when the offices that may exist are not directly accessible from the refectories.
7. The top of the tables and seats should be of moisture-resistant material.
Guideline B3.1.7 - Sanitary facilities
1. The sinks and bathtubs should be of sufficient size and an approved material, on a smooth surface, not susceptible to cracking, dripping or corroding.
2. All toilets should be of an approved model and equipped with a powerful water hunt or other suitable means of evacuation, such as a suction system, in a constant state of operation and individual control.
3. Sanitary facilities for use by several persons should be in accordance with the following:
(a) soil coatings should be of an approved durable material, waterproof to moisture; they should be equipped with an effective water flow system;
(b) walls should be made of steel or any other approved material and be watertight on a height of at least 23 centimeters from the floor;
(c) the premises should be sufficiently lit, heated and ventilated;
(d) the toilets should be located in a readily accessible place of cabins and water points for cleanliness, but should be separated; they should not give directly to the cabins or to a passage that would only constitute access between cabins and toilets; However, the latter provision should not apply to toilets between two cabins with a total number of occupants not exceeding four;
e) when several toilets are installed in the same room, they should be sufficiently hatched to ensure privacy.
4. The equipment available to sea people for laundry should include:
(a) washing machines;
(b) drying machines or drying facilities appropriately heated and ventilated;
(c) irons and ironing boards or equivalent appliances.
Guideline B3.1.8 - Infirmary
1. The infirmary should be designed to facilitate the consultation and administration of first aid and to help prevent the spread of infectious diseases.
2. Entrance, bunks, lighting, ventilation, heating and water installation should be designed to ensure comfort and facilitate the treatment of occupants.
3. The number of layers to be installed in the infirmary should be prescribed by the competent authority.
4. Infirmary occupants should have, for their exclusive use, sanitary facilities that are part of the infirmary itself or be located in the immediate vicinity of the infirmary. These sanitary facilities should include a minimum of toilet, sink, bath or shower.
Guideline B3.1.9 - Other facilities
1. When separate facilities are provided to allow machine service personnel to change, they should be:
(a) located outside the engine room, but easily accessible from it;
(b) equipped with individual cabinets, bathtubs or showers, or both, and sinks, supplied with common, hot and cold fresh water.
Guideline B3.1.10 - Bedding, tableware and miscellaneous articles
1. Any Member should consider applying the following principles:
(a) bedding items and table utensils in good condition of cleanliness should be provided by the shipowner to all seafarers, who will use them on board while serving the ship and who, on the dates specified by the captain and when they stop serving the ship, shall render them;
(b) the bedding should be of good quality. Plates, cups and other tableware should be of an approved material and ready for easy cleaning;
(c) Towels, soap and toilet paper should be provided by the shipowner to all seafarers.
Guideline B3.1.11 - Recreational facilities and arrangements for mail and visits to ships
1. Recreation facilities and services should be reviewed frequently to ensure that they are adapted to the needs of seafarers, taking into account the evolution of the technology and operating conditions and any other new developments in the shipping sector.
2. Recreation facilities should at least be equipped with a library and the means to read and write and, if possible, play.
3. When planning for recreational facilities, the competent authority should consider the installation of a canteen.
4. When feasible, consideration should also be given to providing free seafarers:
(a) a smoker;
(b) the possibility of watching television and listening to the radio;
(c) the possibility of watching films, whose stock should be sufficient for the duration of the trip and, where appropriate, be renewed at reasonable intervals;
(d) sport items, including physical culture equipment, table games and bridge games;
(e) where appropriate, means of swimming;
(f) a library containing works of a professional and other character, in sufficient quantity for the duration of the trip, and whose stock should be renewed at reasonable intervals;
(g) means of craftsmanship to relax;
(h) electronic devices such as radios, televisions, VCRs, CD/DVD players, computers, software, cassette recorders;
(i) where appropriate, bars for seafarers, unless that is contrary to national, religious or social habits;
(j) reasonable access to telephone communications with land as well as e-mail and Internet services, if applicable, for a reasonable rate.
5. Everything should be implemented so that the mail from seafarers is sent in the safest and fastest possible conditions. Efforts should also be considered to ensure that seafarers do not have to pay additional costs when mail is sent back to them as a result of circumstances beyond their control.
6. Measures should be considered to ensure, subject to applicable national or international legislation, that, whenever possible and reasonable, seafarers quickly obtain the authorization to receive their partner or parents and friends on board their ship as visitors when they are at the port. These measures should take into account the authorizations required for security purposes.
7. The possibility of allowing seafarers to be accompanied by their partner from time to time during a trip should be taken into consideration, where possible and reasonable. Partners should be provided with adequate insurance covering the risk of accidents and illness; the shipowner should give the seafarers all his assistance in contracting this insurance.
Guideline B3.1.12 - Prevention of noise and vibration
1. Facilities for accommodation, leisure and table service should be located as far as possible from machines, the steering unit compartment, bridge winches, ventilation, heating and air conditioning facilities, as well as other noisy machines and appliances.
2. Soundproofing materials or other suitable materials absorbing noise should be used for the construction and finishing of walls, ceilings and bridges inside noisy spaces, as well as automatic doors to ensure phonic insulation of machine-held premises.
3. The engine room and other machine-held premises should be equipped, where feasible, with soundproofed central control stations for the use of the machine room staff. Workstations such as the workshop should be isolated, to the extent possible, to avoid the general noise of the engine room, and measures should be taken to reduce the noise of the operation of the machines.
4. Noise levels allowed in workstations and residential premises should be in accordance with ILO international guidelines on exposure levels, including those contained in the ILO Practice Directions Compendium entitled Ambient factors in the workplace, 2001, and, where appropriate, the special protection standards recommended by the International Maritime Organization, as well as any subsequent amending or supplementary text relating to acceptable noise levels on board vessels. A copy of the applicable instruments, in English or in the working language of the vessel, should be kept on board and be available to seafarers.
5. Housing, leisure and table service should not be exposed to excessive vibration.
Rule 3.2 - Food and Table Service
Purpose: provide seafarers with good quality food, including drinking water, served under regulated hygiene conditions
1. Each Member must ensure that vessels flying its flag carry on board and provide adequate food and drinking water, the nutritional value and quantity of which meet the needs of people on board, taking into account their different cultural and religious affiliations.
2. Sea people on board a ship are fed free of charge until the end of their commitment.
3. Seafarers employed as ship cooks responsible for preparing meals must have the training and qualifications required for this position.
Standard A3.2 - Food and Table Service
1. Any Member shall adopt legislation or other measures to ensure minimum standards with respect to the quantity and quality of food and drinking water as well as standards for the table service for meals served to seafarers on board vessels flying their flag and shall, through educational activities, publicize and promote the application of the standards referred to in this paragraph.
2. Every Member shall ensure that vessels flying its flag comply with the following minimum standards:
(a) an adequate supply of food and drinking water, a nutritional value, a satisfactory quality and variety, taking into account the number of seafarers on board, their religion and their cultural habits in food and the duration and nature of the journey;
(b) the development and equipment of the kitchen and table service that provide adequate, varied and nutritious meals to seafarers, prepared and served in satisfactory hygiene conditions;
(c) a properly trained kitchen and table staff or having received the necessary instruction.
3. Shipowners shall ensure that seafarers engaged as a ship cook are trained, qualified and qualified to serve in accordance with the provisions of the relevant Member's legislation.
4. The requirements set out in paragraph 3 of this standard include the need to successfully complete a training course approved or recognized by the competent authority, which includes the practical ability to cook, personal hygiene and food hygiene, food storage, inventory management, and environmental protection and health and safety in the kitchen and table service.
5. Aboard vessels operating with a prescribed strength of less than ten persons who, due to the size of the crew or the mode of operation, may not be required by the competent authority to have on board a fully qualified cooker, who prepares food in the kitchen must have received training or instruction in areas including food and personal hygiene, as well as the handling and storage of food on board.
6. In circumstances of extreme necessity, the competent authority may issue a dispensation permitting a cook who is not fully qualified to serve on a particular vessel and for a specified period of time, to the next appropriate port of call or for a period not exceeding one month, provided that the person to whom the dispensation is granted has received training or instruction in areas including food and personal hygiene, as well as the handling and storage of food on board.
7. In accordance with the procedures set out in heading 5 in respect of continuous compliance with the provisions, the competent authority requires that frequent documented inspections be carried out on ships, by the master or under its authority in the following areas:
(a) the supply of food and drinking water;
(b) all premises and equipment used for the storage and handling of food and drinking water;
(c) the kitchen and any other facility used for the preparation and service of meals.
8. No sailor under the age of 18 shall be employed or engaged or working as a ship cook.
Guideline B3.2 - Food and Table Service
Guideline B3.2.1 - Inspection, education, research and publication
1. In cooperation with other relevant agencies and organizations, the competent authority should collect up-to-date information on nutrition and on methods for the purchase, storage and conservation of food, as well as on how to prepare and serve meals, taking into account the specificities of the table service on board a ship. This information should be made available free of charge or at a reasonable cost to manufacturers and merchants specialized in the provision of food or cooking and table equipment for ships, captains, hotel owners and ship cookers, and interested shipowners and seafarers organizations. To this end, appropriate means of dissemination should be used, such as manuals, brochures, posters, graphics or advertisements in professional periodicals.
2. The competent authority should make recommendations to avoid waste of food, to facilitate the maintenance of an adequate level of hygiene and to ensure an optimal work organization.
3. In cooperation with relevant agencies and organizations, the competent authority should develop teaching materials and disseminate information on board on methods to ensure adequate food and table service.
4. The competent authority should cooperate closely with interested shipowners and seafarers organizations and with national or local authorities dealing with food and health issues; in the event of a need to use the services of these authorities.
Guideline B3.2.2 - Vessels
1. Should only obtain a certificate of capacity as a vessel cooker for seafarers who meet the following conditions:
(a) served at sea for a minimum period established by the competent authority and may vary depending on the relevant qualifications or experience of the persons concerned;
(b) have passed the examination prescribed by the competent authority or an equivalent examination after an approved training course for cooks.
2. The prescribed examination may be organized and the certificate issued either directly by the competent authority or, under the control of the competent authority, by an approved cooking school.
3. The competent authority should provide for the recognition, if any, of the certificates of the capacity of the vessel cook issued by Members who have ratified this Agreement or Convention (No. 69) on the capacity diploma of the vessel cooks, 1946, or any other approved institution.
PART 4. PROTECTION OF HEALTH, MEDICAL, WELFARE AND PROTECTION OF SOCIAL SECURITY
Rule 4.1 - Medical care on ships and shores
Purpose: protect the health of seafarers and provide them with rapid access to medical care on board and on land
1. Every Member ensures that all seafarers working on vessels flying their flag are covered by appropriate measures to protect their health and have access to timely and adequate medical care during the duration of their service on board.
2. Protection and care referred to in paragraph 1er of this rule are in principle provided free of charge to seafarers.
3. Every Member ensures that seafarers working on ships located in their territory have access to their medical facilities on land if they require immediate medical care.
4. The provisions set out in the Code on Health Protection and Medical Care on board include standards for measures to ensure that seafarers are protected from health and medical care as comparable as possible to those generally benefiting land workers.
Standard A4.1 - Medical care on board ships and on land
1. To protect the health of seafarers working on a ship flying its flag and provide them with medical care that includes essential dental care, any Member shall ensure that measures are taken that:
(a) guarantee the application to seafarers of all general provisions relating to the protection of occupational health and medical care relating to their service, as well as all special provisions specific to work on board a ship;
(b) ensure that seafarers are protected from health and medical care as comparable as possible to those generally available to land workers, including rapid access to the necessary medicines, medical equipment and diagnostic and treatment services, as well as medical information and knowledge;
(c) grant seafarers the right to consult without delay a qualified doctor or dentist in the ports of call, where feasible;
(d) ensure that, to a extent consistent with the law and practice of the Member, medical and health care services are provided to seafarers on board or landed in a foreign port at no cost to themselves;
(e) are not limited to the treatment of sick or injured seafarers but also include preventive measures, including the development of health promotion and health education programmes.
2. The competent authority shall adopt a type of medical report for the use of the masters and competent medical personnel on land and on board. This report is confidential and is used exclusively to facilitate the treatment of seafarers.
3. Any Member shall enact legislation to establish, for medical and hospital care on board vessels flying its flag, requirements for facilities, equipment and training.
4. National legislation requires at least the following:
a) any ship has a pharmacy, medical equipment and a medical guide, the specifications of which are prescribed by the competent authority and which are regularly inspected by it. The national requirements shall take into account the type of vessel, the number of persons on board, the nature, destination and duration of travel and the recommended medical standards at the national and international levels;
(b) any vessel on board 100 or more persons and normally on international travel for more than three days shall have a qualified medical care physician. National legislation also determines, in particular, factors such as the duration, nature and conditions of travel and the number of seafarers, which other vessels must have a doctor on board;
(c) vessels without a physician on board shall have at least one marine responsible for medical care and the administration of medication as part of its normal duties or a marine capable of administering first aid. Seafarers responsible for medical care on board and who are not doctors must have successfully completed medical care training that is consistent with the provisions of the 1978 International Convention on Standards of Training for Seafarers, Certification and Watchkeeping, as amended (STCW). Seafarers responsible for administering first aid must have successfully completed first aid training in accordance with the provisions of TCCW. The national legislation specifies the level of training required, including factors such as the duration, nature and conditions of travel, as well as the number of seafarers on board;
(d) the competent authority shall take appropriate measures to ensure that medical consultations by radio or satellite, including expert advice, are possible for ships at sea at any time. These medical consultations, including the radio or satellite transmission of medical messages between a vessel and land-based persons providing advice, are provided free of charge to all vessels, regardless of their flag.
Guideline B4.1 - Medical care on board ships and on land
Guideline B4.1.1 - Provision of medical care
1. For vessels not required to have a doctor on board, the competent authority, by determining the level of medical care training required, should require that:
(a) vessels that may normally have access within eight hours to qualified medical care and medical equipment shall have at least in their crew a mariner who has received the approved first-aid medical care training required by TCCW, which allows them to take immediate effective measures in the event of an accident or illness that may occur on board and to make good use of medical advice provided by radio or satellite;
(b) all other vessels have at least one marine with the approved medical care training required by TCCW, including hands-on training and training in emergency care techniques such as intravenous therapy, which must enable those involved to participate effectively in coordinated medical assistance programs to sea-based vessels and to provide the sick and injured with a satisfactory level of medical care during the period during which they are likely to remain on board.
2. Training referred to in paragraph 1er of this guiding principle should be based on the content of the most recent editions of the International Flight Medical Guide, the Emergency Medical Care Guide to be given in the event of accidents caused by dangerous goods, the Document to be used as a guide - International Maritime Training Guide, and the Medical Section of the International Code of Signals and similar national guides.
3. Persons referred to in paragraph 1er of this guiding principle and all other seafarers designated by the competent authority should, approximately every five years, undergo refresher courses enabling them to maintain and increase their knowledge and skills and to keep up to date with new developments.
4. The on-board pharmacy and its contents as well as the medical equipment and the medical guide to be kept on board should be properly maintained and inspected at regular intervals, not exceeding twelve months, by those responsible for the appropriate authority, who should control the labels, expiry dates, retention conditions and directions of use of all medications and ensure the proper operation of all equipment. When adopting or revising the on-board medical guide in use in the country, to determine the contents of the on-board pharmacy and the medical equipment to be retained on board, the competent authority should take into account the international recommendations in this field, including the most recent edition of the International Dashboard Medical Guide as well as other guides mentioned in paragraph 2.
5. When a dangerous graded cargo is not included in the most recent edition of the Emergency Medical Care Guide to be given in the event of accidents due to dangerous goods, the necessary information on the nature of substances, the risks involved, the individual protective equipment to be used, the appropriate medical procedures and specific antidotes should be communicated to seafarers. Specific antidotes and individual protective equipment should be on board when dangerous goods are transported. This information should be incorporated in occupational safety and health policies and programmes set out in Rule 4.3 and the corresponding provisions of the Code.
6. All vessels should have a complete and up-to-date list of radio stations through which medical consultations can be obtained and, if equipped with a satellite communication system, they should have a full and up-to-date list of coastal stations through which medical consultations can be obtained. Seafarers responsible for medical care or first aid on board should be prepared for the use of the on-board medical guide and the medical part of the most recent edition of the International Code of Signals, in order to be able to understand the type of information required to the doctor consulted and the advice they receive.
Guideline B4.1.2 - Medical Reporting Model
1. The medical report model for seafarers prescribed in Part A of the code should be designed to facilitate the exchange of medical and assimilated information regarding seafarers between the ship and the land in the event of illness or accident.
Guideline B4.1.3 - Medical Treatment on Ground
1. Ground medical services for the treatment of seafarers should be adequate, and doctors, dentists and other medical personnel should be duly qualified.
2. Measures should be taken to ensure that seafarers in the ports can:
(a) receiving outpatient treatment in the event of illness or accident;
(b) be hospitalized as required;
(c) receiving dental treatment, especially in the event of an emergency.
3. Appropriate measures should be taken to facilitate the treatment of sick seafarers. In particular, seafarers should be promptly admitted to ground clinics and hospitals, without difficulty and without distinction as to nationality or confession, and, to the extent possible, steps should be taken to ensure, where necessary, continuity of treatment complementing the action of the health services that are open to them.
Guiding principle B4.1.4 - Medical assistance to other vessels and international cooperation
1. Any Member should duly consider participating in international cooperation on assistance, programmes and research in the areas of health protection and medical care. This cooperation could be aimed at:
(a) develop and coordinate search and rescue efforts and organize rapid medical assistance and evacuation at sea, in the event of a serious illness or accident on board a vessel, including through periodic reporting systems of vessel position, rescue coordination centres and helicopter emergency services, in accordance with the 1979 International Convention on Maritime Search and Rescue, as well as the International Manual on Maritime Search and Rescue;
(b) To make optimal use of any vessel on board a physician and vessels pre-positioned at sea that may provide hospital services and life-saving means;
(c) establish and maintain an international list of physicians and medical facilities worldwide to provide emergency medical care to seafarers;
(d) disembark seafarers to land for emergency treatment;
(e) repatriate seafarers hospitalized abroad as soon as practicable, in accordance with the medical advice of the medical doctors dealing with the case, taking into account the wishes and needs of the sailor;
(f) make arrangements to provide personal assistance to seafarers during their repatriation, in accordance with the medical advice of the attending physicians, taking into account the wishes and needs of the mariner;
(g) endeavour to establish health centres for seafarers, who would be responsible for:
i. conduct research on the state of health, medical treatment and preventive health care of seafarers;
ii. training medical and health personnel in marine medicine;
(h) collect and evaluate statistics on occupational accidents, occupational diseases and deaths of seafarers and integrate them into the national system of statistics on occupational accidents and diseases covering other categories of workers, by harmonizing them with this system;
(i) Organize international exchanges of technical information, teaching materials and teaching staff as well as training courses, seminars and international working groups;
(j) To provide all seafarers with health and medical, curative and preventive services, which are specially designed for them in ports or to provide them with general medical, health and rehabilitation services;
(k) make the necessary arrangements to repatriate, as soon as possible, the body or ash of the deceased seafarers, in accordance with the wishes of their closest parents.
2. International cooperation in the field of health protection and medical care of seafarers should be based on bilateral or multilateral agreements or consultations among Members.
Guiding principle B4.1.5 - Sea people
1. Any Member should take appropriate and adequate medical care to dependants of seafarers in his or her territory, pending the establishment of an open medical care service for workers in general and their dependants when such services do not exist, and inform the International Labour Office of the measures taken to that end.
Rule 4.2 - Liability of shipowners
Purpose: Ensure the protection of seafarers against the financial consequences of illness, accident or death in relation to their employment
1. Every Member shall ensure that measures taken in accordance with the code are applied on board vessels flying its flag to ensure that seafarers working on these vessels are entitled to material assistance and support from the shipowner to meet the financial consequences of the diseases, accidents or deaths occurring during their service under a maritime contract or resulting from their employment under this contract.
2. This rule is without prejudice to any other legal means available to the sailor.
Standard A4.2 - Liability of shipowners
1. Each Member adopts legislation that provides that shipowners flying its flag are responsible for the protection of the health and medical care of all seafarers working on board these vessels, in accordance with the following minimum standards:
(a) the shipowners shall take charge of the cost to the seafarers working on board their ships of any illness and any accident occurring between the date specified for the beginning of the service and the date on which they are supposed to have been duly repatriated or resulting from their employment between the two dates;
(b) the shipowners shall take charge of financial coverage to ensure compensation in the event of death or long-term incapacity of seafarers resulting from an occupational accident, occupational disease or occupational risk, as provided for in national legislation, the contract for maritime engagement or a collective agreement;
(c) medical expenses, including medical treatment and the provision of medicines and other therapeutic means, shall be borne by the shipowner, as well as the food and accommodation of the sick or injured sailor outside his home, until he is healed or until the permanent character of the disease or incapacity is ascertained;
(d) the burial costs, if the death occurs on board or occurs on the ground during the commitment period, shall be borne by the shipowner.
2. National legislation may limit the armor's responsibility for medical care, food or housing to a period not less than 16 weeks from the day of the accident or the beginning of the illness.
3. When the illness or accident results in a working disability, the shipowner pays:
(a) the entire salary as long as the sick or injured person remains on board or until he has been repatriated in accordance with this Agreement;
(b) all or part of the salary, as provided for in national legislation or collective agreements, from the repatriation or disembarkation of the mariner until he or she is cured or, if the eventuality occurs earlier, until he or she is entitled to cash benefits under the legislation of the Member concerned.
4. National legislation may limit the obligation of the shipowner to pay to a seafarer disembarked all or part of his salary to a period not less than 16 weeks from the day of the accident or the beginning of the illness.
5. National legislation may exempt the shipowner from any liability to:
(a) an accident that did not occur at the service of the vessel;
(b) an accident or illness attributable to an intentional fault of the sick, injured or deceased sailor;
(c) a disease or infirmity voluntarily concealed at the time of the undertaking.
6. As long as the liability is assumed by the public authorities, national legislation may exempt the shipowner from the obligation to pay the costs of medical care, housing and food, as well as burial.
7. The shipowner, or his representatives, must take measures to safeguard the assets left on board by sick, injured or deceased seafarers and to send them to themselves or their closest relatives.
Guideline B4.2 - Armor Responsibility
1. Payment of the entire salary, as provided in paragraph 3 (a) of A4.2, may exclude premiums.
2. The national legislation may provide that the shipowner ceases to be required to pay the costs of a sick or injured sailor as soon as he or she can receive medical benefits under a compulsory health insurance or accident insurance scheme or compensation for the injured workers.
3. National legislation may provide for reimbursement by an insurance institution for burial expenses incurred by the shipowner, where the social insurance or repair system has a benefit with respect to the deceased sailor.
Rule 4.3 - Health and Safety Protection and Accident Prevention
Purpose: ensure that the working environment of seafarers on board ships contributes to their health and safety at work
1. Every Member ensures that seafarers working on board vessels flying their flag have a health protection system at work and that they live, work and form on board ships in a safe and healthy environment.
2. Each member, after consultation with representative organizations of shipowners and seafarers and taking into account the applicable codes, guidelines and standards recommended by international organizations, national administrations and marine sector organizations, develops and promulgates national guidelines for the management of occupational safety and health on board vessels flying its flag.
3. Any Member shall adopt legislation and other measures on matters specified in the Code, taking into account applicable international instruments, and shall set standards for the protection of occupational safety and health and the prevention of accidents on board vessels flying its flag.
Standard A4.3 - Health and Safety Protection and Accident Prevention
1. The legislation and other measures to be adopted in accordance with paragraph 3 of Rule 4.3 cover the following:
(a) the adoption and effective implementation as well as the promotion of occupational safety and health policies and programmes on board vessels flying the Member's flag, including risk assessment and training and training of seafarers;
(b) reasonable precautions to prevent occupational injury and injury and illness on board vessels, including measures to reduce and prevent exposure to harmful levels of environmental and chemical factors, as well as the risks of injury or illness that may result from the use of equipment and machinery on board vessels;
(c) on-board programmes for the prevention of occupational injuries and injuries and diseases, as well as a continuous improvement in the protection of occupational safety and health, with the participation of representatives of seafarers and all other persons interested in their implementation, taking into account preventive measures, including design control and engineering measures, the replacement of processes and procedures for collective and individual equipment
(d) the requirements for the inspection, notification and correction of hazardous situations, as well as the investigation of work accidents on board and their notification.
2. The provisions of paragraph 1 of this standard shall:
(a) take into account applicable international instruments relating to the protection of occupational safety and health in general, as well as to specific risks, and deal with all aspects of the prevention of occupational accidents and injuries and diseases that are likely to apply to the work of seafarers, and particularly those that are specific to the exercise of the marine trade;
(b) clearly indicate the obligation of shipowners, seafarers and other interested persons to comply with applicable standards and the policies and programs applicable to the ship in the area of safety and health at work, with particular attention given to the health and safety of seafarers under the age of 18 years;
(c) indicate the functions of the master or the person designated by him or both to assume the particular responsibility for the implementation and compliance of the vessel's occupational safety and health policy and programme;
(d) indicate the authority vested in seafarers of the ship who have been appointed or elected as security delegates to participate in the meetings of the ship's safety committee. Such a committee must be established on the boats on which five or more sailors are located.
3. The legislation and other measures referred to in paragraph 3 of Rule 4.3 are regularly reviewed in consultation with representatives of shipowners and seafarers organizations and, if necessary, revised in the light of the evolution of technology and research, in order to facilitate a continuous improvement in occupational safety and health policies and programmes and to ensure a safe working environment for seafarers employed on ships flying the flag of the Member.
4. Compliance with the requirements of applicable international instruments relating to acceptable levels of exposure to occupational hazards on board vessels and the development and application of vessel safety and occupational health policies and programmes is deemed to be equivalent to compliance with the requirements of this Convention.
5. The competent authority shall ensure that:
(a) Industrial accidents and occupational injuries and diseases are duly reported, taking into account the guidance provided by the International Labour Organization regarding the notification and registration of occupational accidents and occupational diseases;
(b) comprehensive statistics of these accidents and diseases are maintained, analyzed and published and, where appropriate, followed by research on general tendencies and identified risks;
(c) accidents at work are investigated.
6. Declarations and investigations on occupational safety and health issues are such as to ensure the protection of personal data of seafarers and take into account the guidance provided by the International Labour Organization in this regard.
7. The competent authority cooperates with the organizations of shipowners and seafarers in order to take measures to inform all seafarers of the particular risks encountered on board the ships on which they work, for example by the official notice displaying the instructions on this subject.
8. The competent authority requires shipowners, when assessing risks in the management of safety and health at work, to refer to the appropriate statistical information from their ships and to the general statistics provided by the competent authority.
Guideline B4.3 - Health and Safety Protection and Accident Prevention
Guideline B4.3.1 - Provisions concerning occupational injury and injury and illness
1. The provisions referred to in standard A4.3 should take into account the ILO ' s compendium of practical guidelines on the prevention of accidents on board ships at sea and in ports, 1996, and its subsequent versions, as well as other related standards and guidelines of the International Labour Organization, and other international standards, guidelines and practice compendiums concerning the protection of occupational safety and health, including the levels of exposure contained therein.
2. The competent authority should ensure that the national guidelines on occupational safety and health management focus in particular on:
(a) general provisions and basic provisions;
(b) structural characteristics of the vessel, including access and asbestos-related risks;
(c) machinery;
(d) effects of extremely low or extremely high temperatures of any surface with which seafarers may be in contact;
(e) effects of noise to which seafarers are subjected in work stations and on-board dwellings;
(f) effects of vibrations to which seafarers are subjected in workstations and on-board dwellings;
(g) Effects of ambient factors other than those referred to in subparagraphs (e) and (f) to which seafarers are subjected in work stations and on-board dwellings, including tobacco smoke;
(h) special security measures on the deck and below;
(i) loading and unloading equipment;
(j) Fire prevention and suppression;
(k) anchors, chains and cssables;
(l) dangerous cargo and ballast;
(m) Personal protection equipment for seafarers;
(n) work in confined spaces;
(o) physical and mental effects of fatigue;
(p) effects of drug dependence and alcohol;
(q) HIV/AIDS protection and prevention;
(r) response to emergencies and accidents.
3. The risk assessment and reduction of exposure with respect to the points referred to in paragraph 2 of this guiding principle should take into account the physical effects, including those resulting from the handling of loads, noise and vibration, chemical and biological effects and mental health effects on work, the effects of fatigue on physical and mental health, and occupational accidents. The necessary measures should take due account of the principle of prevention that, among other things, the fight against risks at the source, the adaptation of the tssches to the individual, particularly with regard to the design of the workplace, and the replacement of what is dangerous by elements free of danger or less dangerous, must be preceded by the use of individual protective equipment for seafarers.
4. In addition, the competent authority should ensure that it is taken into account the health and safety consequences, particularly in the following areas:
(a) response to emergencies and accidents;
(b) effects of drug dependence and alcohol;
(c) HIV/AIDS protection and prevention.
Guideline B4.3.2 - Noise exposure
1. The competent authority, in conjunction with the relevant international bodies and representatives of interested shipowners and seafarers' organizations, should continuously examine the issue of noise on board vessels with a view to improving the protection of seafarers, to the extent possible, against the adverse effects of exposure to noise.
2. The review referred to in paragraph 1 of this guiding principle should take into account the adverse effects of exposure to excessive noise on the hearing, health and comfort of seafarers, as well as measures to be prescribed or recommended to reduce noise on board vessels with a view to protecting seafarers. The measures to be considered should include:
(a) inform seafarers of the dangers that prolonged exposure to high noise levels involves hearing and health and learning to use noise protection equipment;
(b) provide seafarers where necessary with approved hearing protection equipment;
(c) Evaluate the risks and reduce noise exposure in all facilities for accommodation, leisure and table service, as well as in the machinery room and other machinery-based premises.
Guideline B4.3.3 - Vibration exposure
1. The competent authority, in conjunction with the relevant international bodies and representatives of interested shipowners and seafarers' organizations, and taking into account, where appropriate, relevant international standards, should continuously examine the issue of vibrations on board vessels with a view to improving the protection of seafarers, to the extent possible, against the adverse effects of such vibrations.
2. The review referred to in paragraph 1 of this guiding principle should include the effects of exposure to excessive vibrations on the health and comfort of seafarers, as well as the measures to be prescribed or recommended to reduce vibration on board vessels to protect seafarers. The measures to be considered should include:
(a) inform seafarers of the dangers of prolonged exposure to vibration for their health;
(b) provide seafarers where necessary with approved individual protection equipment;
(c) Evaluate the risks and reduce vibration exposure in all facilities planned for housing, leisure and table service by adopting measures consistent with the guidance provided by the ILO handbook of practical guidelines Ambient factors in the workplace, 2001, and its subsequent revisions, taking into account the differences between exposure in these facilities and workplaces.
Guiding principle B4.3.4 - Armor obligations
1. Any obligation of the shipowner to provide protective equipment or other accident prevention devices should, in general, be accompanied by provisions under which seafarers are required to use these devices and to observe the measures to prevent accidents and to protect their health.
2. It should also be taken into account articles 7 and 11 of the Convention (No. 119) on the protection of machinery, 1963, and the corresponding provisions of the recommendation (No. 118) on the protection of machinery, 1963, which provide that the employer is responsible, on the one hand, for ensuring that the machines are equipped with appropriate protection devices and that no machine is used without these devices and, on the other, for the worker
Guiding principle B4.3.5 - Statement of occupational accidents and compilation of statistics
1. All occupational accidents and diseases should be reported for investigation and for detailed statistics to be compiled, analysed and published, taking into account the protection of the personal data of the seafarers concerned. Reports should not be limited to fatal accidents and diseases or to accidents involving the vessel.
2. Statistics referred to in paragraph 1er of this guiding principle should address the number, nature, causes and consequences of accidents, injuries and occupational diseases and specify, where applicable, in which service of the vessel the accident occurred, the type of accident and whether it occurred at sea or in a port.
3. Any Member should take due account of any international system or model for the registration of accidents of seafarers possibly established by the International Labour Organization.
Guideline B4.3.6 - Investigations
1. The competent authority should undertake an investigation into the causes and circumstances of all occupational accidents and injuries and illnesses resulting in loss of life or serious bodily injury, as well as any other cases specified in national legislation.
2. Consideration should be given to including the following points among those that could be investigated:
(a) the work environment, such as working surfaces, machine layout, access, lighting and working methods;
(b) the frequency per group of occupational accidents and injuries and occupational diseases;
(c) special physiological or psychological problems arising from the stay on board vessels;
(d) problems arising from physical stress on board vessels, especially when it is the result of increased workload;
(e) problems and consequences resulting from technical progress and their influence on the composition of crews;
(f) problems arising from human failures.
Guideline B4.3.7 - National Programmes for Protection and Prevention
1. In order to provide a reliable basis for the adoption of measures to promote the protection of occupational safety and health and the prevention of occupational injury and injury and illness that are caused by the risks of maritime work, research should be undertaken on general trends and the risks revealed by statistics.
2. The implementation of protection and prevention programs for the promotion of occupational safety and health should be organized in such a way that the competent authority, shipowners and seafarers or their representatives and other interested bodies can play an active role therein, including by means such as the organization of information sessions and the adoption of guidelines on maximum exposure levels to potentially harmful environmental factors and other risks or risks In particular, joint, national or local commissions should be established to prevent and protect occupational safety and health or ad hoc working groups and committees on board, in which organizations of shipowners and interested seafarers would be represented.
3. When these activities are conducted at the company level, the representation of seafarers should be considered in any security committee on board the ship of the shipowner in question.
Guideline B4.3.8 - Contents of protection and prevention programs
1. Consideration should be given to including the following functions assigned to commissions and other organizations referred to in paragraph 2 of the B4.3.7 guiding principle:
(a) the development of national guidelines and policies on occupational safety and health management systems and provisions, rules and manuals on accident prevention;
(b) the organization of training and programs related to occupational safety and health protection and accident prevention;
(c) the organization of public information on occupational safety and health protection and accident prevention, in particular through films, posters, notices and brochures;
(d) the distribution of documentation and the dissemination of information on occupational safety and health protection and accident prevention to reach seafarers on board ships.
2. The rules or recommendations adopted by national authorities or agencies or by interested international organizations should be taken into consideration in the preparation of texts on occupational safety and health protection measures and in the prevention of accidents or the development of recommended practices.
3. When developing occupational safety and health protection programmes and accident prevention, any Member should take due account of any compendium of practical guidelines for the safety and health of seafarers, which may be published by the International Labour Organization.
Guideline B4.3.9 - Training on occupational safety and health protection and the prevention of occupational accidents
1. The training programs referred to in paragraph 1(a) of Standard A4.3 should be periodically reviewed and updated to reflect the evolution of the types of vessels and their dimensions, as well as changes in the equipment used, in the organization of crews, in nationalities, in languages and in the working methods on board.
2. Public information on occupational safety and health protection and accident prevention should be continued. It could take the following forms:
(a) audio-visual educational material, such as films, to be used in training centres for seafarers and, if possible, on board vessels;
(b) posters on board vessels;
(c) Incorporating, in periodicals read by seafarers, articles on marine occupational hazards and measures of occupational safety and health protection and accident prevention;
(d) special campaigns using various means of information to educate seafarers, including campaigns on safe working methods.
3. The public information referred to in paragraph 2 of this guiding principle should take into account the different nationalities, languages and cultures of seafarers on board a ship.
Guiding principle B4.3.10 - Education of young seafarers in safety and health
1. The safety and health regulations should refer to the general provisions for medical examinations, prior to entry into service and in the course of employment, as well as accident prevention and occupational health protection, which are applicable to the activities of seafarers. These regulations should also specify measures to minimize occupational risks to young seafarers in the performance of their duties.
2. The regulations should establish restrictions that prevent young seafarers whose suitability would not be fully recognized by the competent authority from carrying out certain types of work without appropriate control or instruction that would have a particular risk of injury or impairment to their health or physical development or require a particular degree of maturity, experience or fitness. The competent authority may consider, in particular, the tssches comprising:
(a) lifting, moving or transporting heavy loads or objects;
(b) work inside boilers, tanks and waterproof boxes;
(c) exposure to noises or vibrations reaching harmful levels;
(d) the conduct of lifting devices or other motor equipment or tools or signal communication with such conductors;
(e) the handling of mooring or towing cssables or anchoring fittings;
(f) the rigging;
(g) work in mssture or bridge over time;
(h) quarter-night;
(i) maintenance of electrical equipment;
(j) contact with potentially dangerous substances or harmful physical agents, such as hazardous or toxic substances, and exposure to ionizing radiation;
(k) cleaning of kitchen appliances;
(l) the handling or liability of subsidiary vessels.
3. Practical measures should be taken by the competent authority or by an appropriate body to draw the attention of young seafarers to information about accident prevention and the protection of their health on board ships. These measures may include formal accident prevention courses and campaigns for young people, as well as vocational training and supervision of young seafarers.
4. Education and training programs for young seafarers, both on land and on board, should provide education on the dangers that the abuse of alcohol, drugs and other potentially harmful substances may have on their health and well-being, as well as on the risks and problems posed by HIV/AIDS and other hazardous health activities.
Guiding principle B4.3.11 - International cooperation
1. Members, if necessary, with the assistance of intergovernmental bodies and other international organizations, should jointly strive to achieve the greatest possible uniformity of the action to protect occupational safety and health and prevent accidents.
2. When developing programmes to promote occupational safety and health protection and the prevention of occupational accidents in accordance with the provisions of A4.3, any Member should take due account of the compendiums of practical guidelines issued by the International Labour Organization, as well as the appropriate standards of international organizations.
3. Members should take into account the need for international cooperation for the continued promotion of occupational safety and health protection activities and the prevention of occupational accidents. Such cooperation could take the following forms:
(a) bilateral or multilateral agreements to standardize safety and occupational health and accident prevention standards and arrangements;
(b) Exchange of information on specific risks to seafarers and on ways to promote occupational safety and health and prevent accidents;
(c) assistance in testing equipment and inspection, in accordance with the national provisions of the flag State;
(d) collaboration for the establishment and dissemination of safety and health protection provisions, rules or manuals in occupational health and accident prevention;
(e) collaboration for the production and use of training materials;
(f) Sharing material or mutual assistance for the training of seafarers in the field of occupational safety and health protection, accident prevention and safe working methods.
Rule 4.4 - Access to Earth Wellness Facilities
Purpose: To ensure that seafarers working on a ship have access to shore facilities and services to ensure their health and well-being
1. Every Member ensures that facilities of well-being on land, if any, are easily accessible. It must also promote the development of well-being facilities, such as those listed in the code, in specific ports to ensure that seafarers have access to adequate well-being facilities and services in these ports.
2. The responsibilities of the Member with respect to ground facilities such as cultural facilities and services, well-being, leisure and information are set out in the code.
Standard A4.4 - Access to Earth Wellness Facilities
1. Each Member must require that the well-being facilities existing in its territory be used by all seafarers, regardless of their nationality, race, colour, sex, religion, political or social origin, and whatever the flag state of the ship on which they are employed or engaged, or work.
2. Any Member shall promote the establishment of well-being facilities in the appropriate ports of the country and determine, after consultation with interested shipowners and seafarers organizations, which ports are appropriate.
3. Any Member must promote the creation of well-being advice to regularly review well-being facilities and services in order to ensure that they are adapted in the light of changes in the needs of seafarers resulting from the evolution of technology, operation or any other novelty in the shipping sector.
Guideline B4.4 - Access to Earth Wellness Facilities
Guideline B4.4.1 - Member Responsibilities
1. Any Member should:
(a) take measures to ensure that adequate facilities and services of well-being are provided to seafarers at designated ports of call and that adequate protection is provided to them in the exercise of their profession;
(b) take into account, in the implementation of these measures, the special needs of seafarers in the field of safety, health and leisure, especially abroad and upon arrival in war zones.
2. The arrangements for the control of well-being facilities and services should provide for the participation of representative organizations of shipowners and interested seafarers.
3. Any Member should take measures to speed up the free movement, between ships, central supply organizations and well-being institutions, of all the necessary equipment, such as films, books, newspapers and sports equipment, for the use of seafarers, both on board their ship and in land centres.
4. Members should cooperate with each other to promote the well-being of seafarers, at sea and in ports. Such cooperation should include:
(a) consultations between competent authorities with a view to providing well-being facilities and services to seafarers, ports and ships, or to improve them;
(b) agreements on the pooling of resources and the joint provision of well-being facilities in large ports to avoid unnecessary duplication;
(c) the organization of international sports competitions and the encouragement of seafarers to participate in sporting activities;
(d) the organization of international seminars on the question of the well-being of seafarers, at sea and in ports.
Guideline B4.4.2 - Wellness facilities and services in ports
1. Any Member should offer the necessary well-being facilities and services at appropriate ports in the country or ensure that they are offered.
2. Wellness facilities and services should be provided, in accordance with national conditions and practice, by one or more of the following institutions:
(a) Government;
(b) organizations of shipowners and seafarers interested under collective agreements or other provisions agreed upon;
(c) voluntary organizations.
3. The necessary facilities for well-being and leisure should be created or developed in the ports. They should understand:
(a) meeting and relaxation rooms, as required;
(b) sport facilities and other outdoor facilities, including competitions;
(c) educational facilities;
(d) where applicable, facilities to practise religion and to obtain personal advice.
4. These facilities can be provided by making facilities for a more general use available to seafarers, as appropriate.
5. When a large number of seafarers of different nationalities need, in a specific port, certain facilities such as hotels, clubs or sports facilities, the competent authorities or institutions of their countries of origin and flag States as well as interested international associations should consult and cooperate with each other, as well as with the competent authorities and bodies of the country in which the port is located, in order to put their resources in common and to avoid unnecessary work.
6. There should be hotels or homes tailored to the needs of seafarers, where necessary. They should offer services equivalent to those of a good-class hotel and should, as far as possible, be well located and not be close to the port facilities. These hotels or homes should be subject to appropriate control, prices should be reasonable and, where necessary and feasible, arrangements should be made to accommodate families of seafarers.
7. These facilities should be open to all seafarers without distinction as to nationality, race, colour, sex, religion, political opinion or social origin and whatever the flag State of the ship on which they are employed or engaged or worked. Without contradicting this principle in any way, it may be necessary, in some ports, to foresee several types of installations of a comparable level but adapted to the customs and needs of different groups of sea people.
8. Arrangements should be made to ensure that, to the extent necessary, qualified personnel are employed on a full-time basis, in addition to possible volunteer staff, for the management of facilities and services for the well-being of seafarers.
Guiding principle B4.4.3 - Wellness advice
1. Welfare advice should be established, as appropriate, at the port or regional or national level. Their functions should include:
(a) to ensure that well-being facilities are always adequate and to determine whether to create others or remove those that are underutilized;
(b) assist and advise those responsible for providing well-being facilities and ensuring coordination among them.
2. The well-being councils should include representatives of the organizations of seafarers and seafarers, the competent authority and, where appropriate, voluntary organizations and social organizations.
3. Depending on the circumstances, the consuls of the Maritime States and the local representatives of the foreign welfare agencies should be associated, in accordance with national legislation, with the work of the port, regional or national welfare councils.
Guiding principle B4.4.4 - Financing of well-being facilities
1. In accordance with national conditions and practice, financial support for well-being facilities in ports should come from one or more of the following sources:
(a) Public subsidies;
(b) fees or other special duties paid by the marine environment;
(c) voluntary contributions from shipowners, seafarers or their organizations;
(d) voluntary contributions from other sources.
2. When taxes, taxes and other special fees are provided to finance well-being services, they should be used only for the purposes for which they are raised.
Guideline B4.4.5 - Dissemination of information and facilitation measures
1. Seafarers should receive information on all means available to the public at ports of call, including transportation, welfare services, recreational and educational services and places of worship, as well as on those specially designed for them.
2. Adequate means of transport at modest prices should be available at any reasonable time when necessary to allow seafarers to go to town from easy access places in the harbour area.
3. The competent authorities should take the necessary measures to make known to the shipowners and to the seafarers arriving in a port any special law or custom whose violation could endanger their freedom.
4. Competent authorities should provide port areas and access roads to ports with adequate lighting and signposts and conduct regular patrols to ensure the protection of seafarers.
Guiding principle B4.4.6 - Seas in a foreign port
1. In order to protect seafarers in a foreign port, measures should be taken to facilitate:
(a) access to the consul of the State of which they are nationals or the State in which they reside;
(b) Effective cooperation between consuls and local or national authorities.
2. The case of seafarers incarcerated or registered in a foreign port must be dealt with quickly, in accordance with the legal procedure, and the persons concerned must be granted appropriate consular protection.
3. When a sailor is incarcerated or recorded, for any reason, in the territory of a Member, the competent authority should, if requested by the sailor, immediately inform the flag State and the State of which the sailor is a national. The competent authority should promptly inform the mariner of its right to submit such a request. The state of which the sailor is a national should promptly inform the family of the sailor. The competent authority should authorize the consular agents of these States to immediately see the sailor and to visit him regularly thereafter as long as he is incarcerated.
4. Each Member should, whenever necessary, take measures to protect seafarers from assaults and other illegal acts when the ship is in its territorial waters and especially in the vicinity of the ports.
5. Officials in the ports and on board the ships should do their utmost to allow seafarers to land as soon as possible after the vessel's arrival at the port.
Rule 4.5 - Social security
Purpose: To ensure the adoption of measures to ensure the social security of seafarers
1. Every Member shall ensure that all seafarers and, to the extent provided for in its national legislation, their dependants shall enjoy social security protection in accordance with the code, without prejudice, however, to the more favourable conditions provided for in article 19, paragraph 8, of the Constitution.
2. Every Member undertakes to take measures, depending on its national situation, individually and within the framework of international cooperation, to gradually achieve comprehensive social security protection for seafarers.
3. Every Member shall ensure that seafarers who are subject to its social security legislation and, to the extent provided for in its national legislation, dependants are entitled to social security protection, which is no less favourable than that enjoyed by land-based workers.
Standard A4.5 - Social security
1. The branches to be taken into account in order to achieve progressively the full social security protection provided for in Rule 4.5 are medical care, sickness allowances, unemployment benefits, old age benefits, benefits in the event of a work accident or occupational illness, family benefits, maternity benefits, disability benefits and survivor benefits, which complement the protection provided for in Regulation 4.1, concerning medical care, and 4.2, in respect of the liability of the armor
2. Upon ratification, the protection provided by any Member in accordance with paragraph 1er Rule 4.5 shall include at least three of the nine branches listed in paragraph 1 of this Standard.
3. Any Member shall take measures, depending on its national situation, to ensure the supplementary social security protection provided for in paragraph 1er of this standard to all seafarers habitually residing in its territory. This responsibility may be implemented, for example, through bilateral or multilateral agreements on this matter or contribution-based systems. Such protection should not be less favourable than that enjoyed by land workers residing in the territory of the Member in question.
4. Notwithstanding the responsibilities set out in paragraph 3 of this standard, Members may establish, through bilateral or multilateral agreements, or by provisions adopted within the framework of regional economic integration organizations, other rules relating to social security legislation applicable to seafarers.
5. The responsibilities of any Member with respect to seafarers on board vessels flying the flag include those provided for in rules 4.1 and 4.2 and the corresponding provisions of the code as well as those inherent in its general obligations under international law.
6. Any Member shall examine the various modalities that, in the absence of sufficient coverage in the branches referred to in paragraph 1 of this Standard, comparable benefits shall be provided to seafarers in accordance with national legislation and practice.
7. Protection referred to in paragraph 1er Rule 4.5 may, as the case may be, be provided by legislation, private regimes, collective agreements or a combination of such means.
8. To the extent consistent with their national legislation and practice, Members shall cooperate, through bilateral or multilateral agreements or other arrangements, to ensure the maintenance of social security rights, whether they are provided by contributory or non-contributory systems, acquired or under acquisition by seafarers, regardless of their place of residence.
9. Each Member defines fair and effective procedures for dispute resolution.
10. Any Member, upon ratification, shall specify the branches for which protection is provided in accordance with paragraph 2 of this Standard. When the Director-General of the International Labour Office subsequently provides coverage of one or more of the other branches listed in paragraph 1 of this standard, he shall inform the Director-General of the International Labour Office, who shall keep a record of such notices, which shall be made available to all interested parties.
11. Reports submitted to the International Labour Office under Article 22 of the Constitution must also contain information on measures taken in accordance with Rule 4.5, paragraph 2, to extend protection to other branches.
Guideline B4.5 - Social security
1. The protection provided upon ratification, in accordance with paragraph 2 of A4.5, should cover at least medical care, sickness allowances and benefits in the event of an occupational injury or illness.
2. In the cases referred to in paragraph 6 of A4.5, comparable benefits may be provided by insurance, bilateral or multilateral agreements or other appropriate means, taking into account the provisions of applicable collective agreements. When such measures are adopted, the seafarers to whom they apply should be informed of the manner in which the protection provided by the various branches of social security will be provided.
3. When seafarers fall under more than one national social security legislation, the members concerned should cooperate with a view to determining by mutual agreement the legislation that will apply, taking into account factors such as the type and level of protection more favourable to the seafarers concerned, as well as their preference.
4. Procedures to be defined under paragraph 9 of Standard A4.5 should be designed to cover all disputes relating to claims of interested seafarers, regardless of how coverage is provided.
5. Any Member with national seafarers or non-national seafarers, or both, employed on board vessels flying the flag, should provide the social security protection provided for in this Convention, as applicable, and should periodically review the branches of social security protection referred to in paragraph 1er of the A4.5 standard to identify any other useful branch to the concerned seafarers.
6. The maritime contract should specify the terms and conditions under which the protection of the various branches of social security will be provided to the person concerned by the shipowner and contain any other useful information available to the shipowner, such as the mandatory deductions of the marine salary and the armor's contributions that may be required, in accordance with the requirements of the authorized bodies specified in the applicable national social security regimes.
7. When effectively exercising its jurisdiction in the field of social matters, the Member whose flagship ship should ensure that the obligations of the shipowners in the field of social security protection are met, particularly with regard to the payment of contributions to social security schemes.
PART 5. CONFORMITY AND IMPLEMENTATION OF PROVISIONS
1. The rules contained in this title specify the responsibility of any Member for the full respect and application of the principles and rights set out in the articles of this Convention and the specific obligations referred to in its titles 1er, 2, 3 and 4.
2. Paragraphs 3 and 4 of Article VI, which authorize the implementation of the provisions of Part A of the Code by equivalent provisions as a whole, do not apply to Part A of the code under this heading.
3. In accordance with Article VI, paragraph 2, any Member shall perform the responsibilities of the Member in accordance with the rules as set out in the relevant standards of Part A of the Code, taking due account of the corresponding guiding principles of Part B of the Code.
4. The provisions of this title are implemented taking into account that seafarers and shipowners, like any other person, are equal before the law and are entitled to equal legal protection; they have access without discrimination to courts, courts or other dispute resolution mechanisms. The provisions of this title shall not be subject to any substantive or territorial jurisdiction.
Rule 5.1 - Flag State Responsibilities
Purpose: ensure that any Member fulfils its responsibilities under this Agreement with respect to vessels flying its flag
Rule 5.1.1 - General principles
1. It is the responsibility of any Member to ensure that its obligations under this Agreement are implemented on board vessels flying its flag.
2. Each Member shall establish an effective system of inspection and certification of the conditions of maritime work, in accordance with rules 5.1.3 and 5.1.4, to ensure that the working and living conditions of seafarers are and remain in accordance with the standards of this Agreement on board vessels flying its flag.
3. For the purpose of establishing an effective system of inspection and certification of the conditions of maritime work, a Member may, where appropriate, empower public institutions or other bodies, including those of another Member, if the Member consents to it, of which he recognizes the competence and independence to conduct inspections or issue certificates, or both. In all cases, the Member retains full responsibility for the inspection and certification of the working and living conditions of interested seafarers on board vessels flying its flag.
4. The maritime work certificate, supplemented by a declaration of conformity of maritime work, attests, unless otherwise proved, that the vessel was duly inspected by the flag State and that the requirements of this Agreement concerning the working and living conditions of seafarers were followed to the certified measure.
5. Information on the system referred to in paragraph 2 of this Rule, including the method used to assess its effectiveness, should be included in the reports submitted by the Member to the International Labour Office under Article 22 of the Constitution.
Standard A5.1.1 - General principles
1. Each Member defines specific objectives and standards for the administration of its inspection and certification systems, as well as appropriate general procedures to assess the extent to which these objectives are met and those standards met.
2. Each Member requires that a copy of this Agreement be made available on board all vessels flying its flag.
Guideline B5.1.1 - General principles
1. The competent authority should take the necessary steps to promote effective cooperation between public institutions and other bodies to which rules 5.1.1 and 5.1.2 refer and which are interested in the working and living conditions of seafarers on board ships.
2. In order to ensure more effective cooperation between inspectors and shipowners, seafarers and their respective organizations, and in order to maintain or improve the working and living conditions of seafarers, the competent authority should consult regularly with representatives of these organizations on the best ways to achieve these objectives. The modalities of these consultations should be determined by the competent authority after consultation with the organizations of shipowners and seafarers.
Rule 5.1.2 - Enabling recognized bodies
1. The competent authority must have established that the public institutions or other bodies referred to in paragraph 3 of Rule 5.1.1 (the "recognized bodies") comply with the requirements of the code as to their competence and independence. Inspection or certification functions that recognized organizations may be authorized to perform must be carried out for which the code expressly states that they will be performed by the competent authority or a recognized body.
2. The reports referred to in paragraph 5 of Rule 5.1.1 shall contain information relating to any recognized body, within the scope of the powers conferred upon it and the arrangements made by the Member to ensure that the authorized activities are carried out in a comprehensive and effective manner.
Standard A5.1.2 - Enabling recognized organizations
1. For the purpose of the authorization referred to in paragraph 1er of Rule 5.1.2, the competent authority shall examine the competence and independence of the body concerned and establish that the agency has demonstrated that, to the extent necessary for the exercise of the activities covered by the authorization:
(a) it has the expertise relevant to the relevant aspects of this Agreement and sufficient knowledge of the operation of ships, including the minimum requirements for the work on board a ship, the conditions of employment, housing and recreation, food and table service, accident prevention, health protection, medical care, welfare and social security protection;
(b) it is able to maintain and update the skills of its staff;
(c) it has sufficient knowledge of the requirements of this Convention and of applicable national legislation and relevant international instruments;
(d) its size, structure, experience and means correspond to the type and scope of the authorization.
2. Any authorization granted in respect of inspection must at least authorize the recognized body to require correction of defects that it has found in respect of the working and living conditions of seafarers and to conduct inspections in this area if requested by the port State.
3. Each Member shall establish:
(a) a system to ensure the adequacy of the tssches carried out by the recognized bodies, including information on all applicable provisions of national legislation and relevant international instruments;
(b) procedures for communication with and monitoring their activities.
4. Any Member shall provide the International Labour Office with a list of recognized bodies that it has authorized to act on its behalf and shall keep this list up to date. The list should indicate the functions that recognized bodies are entitled to assume. The Bureau will make this list available to the public.
Guideline B5.1.2 - Enabling recognized organizations
1. The organization requesting recognition should demonstrate that it has the necessary technical, administrative and management skills and capacity to deliver a quality service within the prescribed time frames.
2. For the purpose of assessing the means available to a particular body, the competent authority should verify that the body:
(a) has adequate technical, management and support staff;
(b) To provide the required services, qualified professionals in sufficient numbers and distributed to ensure adequate geographical coverage;
(c) demonstrated its ability to provide quality services within the prescribed time frame;
(d) is independent and capable of reporting.
3. The competent authority should enter into a written agreement with any body that it recognizes for the purpose of enabling it. This agreement should include:
(a) scope;
(b) object;
(c) General conditions;
(d) performance of the enabling functions;
(e) legal basis for enabling functions;
(f) reporting to the competent authority;
(g) notification of the authorization by the competent authority to the recognized body;
(h) control by the competent authority of activities delegated to the recognized body.
4. Each Member should require recognized organizations to develop a system for the qualification of staff employed as inspectors to ensure the regular updating of their knowledge and skills.
5. Each Member should require recognized organizations to keep records of their services so that they can establish that they have acted in accordance with the applicable standards for the aspects covered by these services.
6. When developing the control procedures referred to in paragraph 3 (b) of Standard A5.1.2, any Member should take into account the Enabling Guidelines for Organizations acting on behalf of the Administration adopted under the International Maritime Organization.
Rule 5.1.3 - Maritime Work Certificate and Declaration of Conformity of Maritime Work
1. This rule applies to vessels:
(a) a gross tonnage equal to or greater than 500, making international travel;
(b) a gross tonnage equal to or greater than 500, flying the flag of a Member and operating from a port or between two ports of another country. For the purposes of this rule, "international travel" means a journey from one country to another port.
2. This rule also applies to any vessel that is flying the flag of a Member and is not covered by paragraph 1 of this rule, upon request of the shipowner to the Member concerned.
3. Any Member shall require vessels flying its flag to maintain and maintain a maritime work certificate certifying that the working and living conditions of seafarers on board, including measures to ensure the continued compliance of the provisions adopted to be mentioned in the declaration of conformity of the marine work referred to in paragraph 4 of this rule, have been inspected and comply with the requirements of national legislation or other provisions for the purpose of this Agreement.
4. Any Member shall require vessels flying its flag to keep and maintain a declaration of conformity of maritime work that mentions the national requirements for the application of this Convention with respect to the working and living conditions of seafarers and shall state the measures adopted by the shipowner to ensure compliance with these requirements on the vessel or vessels concerned.
5. The maritime work certificate and the declaration of conformity of maritime work must conform to the model prescribed by the code.
6. Where the competent authority of the Member or a recognized body duly authorized to do so has verified by an inspection that a vessel flying the Member's flag respects or continues to comply with the standards of this Agreement, it shall issue or renew the corresponding Maritime Work Certificate and record it in a file accessible to the public.
7. Detailed requirements for the Maritime Work Certificate and the Declaration of Compliance of Maritime Work, including a list of items to be inspected and approved, are set out in Part A of the Code.
Standard A5.1.3 - Marine Work Certificate and Maritime Work Compliance Statement
1. The maritime work certificate shall be issued to the vessel for a period not exceeding five years, by the competent authority or by a duly authorized body to do so. The list of items to be inspected and judged in accordance with national legislation or other provisions for the application of the requirements of this Convention with respect to the working and living conditions of seafarers on board before a maritime work certificate can be issued is contained in Annex A5-I.
2. The validity of the maritime work certificate shall be subject to an intermediate inspection, carried out by the competent authority or by a duly authorized body for that purpose, which shall verify that the national requirements for the application of this Convention are always complied with. If only one intermediate inspection is carried out while the certificate has a validity period of five years, the inspection shall take place between the second and third anniversary of the certificate's date. The anniversary date is the day and month of each year that corresponds to the expiry date of the Maritime Work Certificate. The intermediate inspection must be as extensive and in-depth as the inspections for the renewal of the certificate. The certificate will be subject to a favourable intermediate inspection.
3. Notwithstanding paragraph 1 of this standard, where the inspection for renewal took place within three months prior to the expiry of the current certificate, the new Maritime Work Certificate is valid from the date on which the inspection in question was conducted, for a period not exceeding five years from the due date of the current certificate.
4. When the inspection for renewal took place more than three months before the expiry date of the current certificate, the new Maritime Work Certificate is valid for a period not exceeding five years from the date on which the inspection in question took place.
5. The Maritime Work Certificate may be issued on an interim basis:
(a) new vessels, upon delivery;
(b) when a vessel changes its flag;
c) when a shipowner takes on his account the operation of a ship that is new to that shipowner.
6. A Maritime Work Certificate may only be issued on an interim basis for a period not exceeding six months by the competent authority or a duly authorized body to do so.
7. A provisional Maritime Work Certificate is issued only once it has been established that:
(a) the vessel has been inspected, to the extent reasonably possible, in accordance with the requirements listed in Annex A5-I, taking into account the verification of the elements referred to in paragraphs (b), (c) and (d) of this paragraph;
(b) the shipowner has demonstrated to the competent authority or recognized body that adequate procedures are being carried out on board to ensure compliance with the provisions of this Convention;
(c) the master shall know the requirements of this Convention and the obligations relating to implementation;
(d) the required information has been submitted to the competent authority or recognized body for the establishment of a declaration of conformity of maritime work.
8. The issuance of the ordinary Maritime Work Certificate shall be subject to the completion, prior to the expiry date of the Interim Certificate, of a complete inspection as provided for in paragraph 1 of this Standard. No new provisional certificate will be issued after the initial six-month period referred to in paragraph 6 of this standard. The issuance of a declaration of conformity of maritime work is not required during the validity of the provisional certificate.
9. The Maritime Work Certificate, Interim Maritime Work Certificate and Maritime Work Compliance Statement will be prepared in accordance with the models presented in Appendix A5-II.
10. The declaration of conformity of maritime work will be annexed to the Maritime Work Certificate. It includes two parts:
(a) Part I is established by the competent authority, which:
i. lists the items to be inspected under paragraph 1 of this standard;
ii. indicates the national requirements giving effect to the relevant provisions of this Convention by referring to the applicable provisions of national legislation and giving, to the extent necessary, concise information on important points of national requirements;
iii. refers to the requirements of national legislation for certain categories of vessels;
iv. mentions any equivalent provision in the whole adopted under paragraph 3 of Article VI;
v. clearly indicates any exemptions granted by the competent authority under title 3;
(b) Part II is established by the shipowner and sets out the measures adopted to ensure continuous compliance with the national requirements between two inspections and the proposed measures to ensure continuous improvement.
The competent authority or body duly authorized to certify Part II and issue the declaration of conformity of maritime work.
11. The result of all subsequent inspections or other audits on the vessel and any significant defects identified during these audits are recorded, as well as the date of the finding that it was remedied to defects. This information, accompanied by a translation into English when not recorded in this language, is either transcribed on the declaration of conformity of maritime work, or annexed to this document, or held at the disposal of seafarers, flag State inspectors, authorized officials of the port State and representatives of shipowners and seafarers by other means, in accordance with national legislation.
12. A valid and up-to-date copy of the Maritime Work Certificate and the Declaration of Conformity of Maritime Work, and their English translation when the original is not in that language, must be kept on board and a copy must be displayed in good view at a place accessible to seafarers. Copies of these documents are communicated to seafarers, flag State inspectors, authorized officials of the port State or representatives of shipowners and seafarers who will request them, in accordance with national legislation.
13. The requirement for the production of a English translation referred to in paragraphs 11 and 12 of this standard does not apply to a ship that does not carry an international voyage.
14. Any certificate established pursuant to paragraphs 1er or 5 of this standard loses its validity:
(a) if the prescribed inspections are not carried out within the time limits specified in paragraph 2 of this standard;
(b) if the certificate is not covered in accordance with paragraph 2 of this standard;
(c) if there is a change in the vessel's flag;
(d) where a shipowner ceases to assume responsibility for the operation of a ship;
(e) where significant changes have been made to the structure or equipment under heading 3.
15. In the case referred to in paragraph 14 (c), (d) or (e) of this standard, the new certificate shall be issued only if the competent authority or recognized body that delivers it is fully satisfied that the vessel complies with the requirements of this standard.
16. A Maritime Work Certificate shall be withdrawn by the competent authority or body duly authorized to do so by the flag State if it is determined that the vessel in question does not comply with the requirements of this Agreement and that no prescribed corrective action has been taken.
17. When a removal of a maritime work certificate is considered in accordance with paragraph 16 of this standard, the competent authority or recognized body shall take into account the gravity or frequency of the breaches.
Guideline B5.1.3 - Marine Work Certificate and Maritime Work Compliance Statement
1. The statement of national requirements in Part I of the declaration of conformity of maritime work should include or be accompanied by references to the legislative provisions governing the working and living conditions of seafarers for each of the requirements listed in Annex A5-I. When national legislation specifically incorporates the requirements set out in this Convention, it will be sufficient to refer to it. Where a provision of this Agreement is implemented by equivalent provisions as a whole, in accordance with paragraph 3 of Article VI, it should be identified and a concise explanation should be provided. Where an exemption is granted by the competent authority under Title 3, the provision or provisions in question should be clearly indicated.
2. The measures referred to in Part II of the declaration of conformity of maritime work, prepared by the shipowner, should include on which occasions the continued compliance with certain national requirements will be verified, the persons to be checked, the records to be kept and the procedures to be followed if a defect of conformity is found. Part II may appear in various forms. It may refer to more general documentation on policies and procedures relating to other aspects of the marine sector, such as the documents required by the International Safety Management Code (ISM Code) or the information required under Chapter XI-1 Rule 5 of the SOLAS Convention, which deals with the ongoing synoptic record of vessels.
3. Measures to ensure continued compliance should include reference to the general international requirements requiring the shipowner and captain to keep informed of the latest advances in technology and science with regard to the development of workplaces, taking into account the dangers inherent in the work of seafarers, and to inform accordingly representatives of seafarers, thus ensuring a better level of protection for the working and living conditions of seafarers on board.
4. Above all, it is important that the declaration of conformity of maritime work be formulated in clear terms chosen to assist all concerned, including flag State inspectors, authorized officials of the port State and seafarers, to verify that the requirements are well implemented.
5. Appendix B5-I provides an example of information that may be included in the declaration of conformity of maritime work.
6. When a vessel changes its flag as set out in paragraph 14 (c) of Standard A5.1.3 and the two States concerned have ratified this Agreement, the State whose vessel was authorized to ship previously should, as soon as possible, communicate to the competent authority of the other Member copies of the Maritime Work Certificate and the declaration of conformity of the marine work held on board the ship prior to the change of flag and, where appropriate, copy of the relevant inspection reports
Rule 5.1.4 - Inspection and Implementation
1. Each Member shall verify, through an effective and coordinated system of periodic inspection, monitoring and other control measures, that vessels flying its flag comply with the requirements of this Convention as implemented by national legislation.
2. Part A of the code contains detailed requirements for the inspection and implementation system referred to in paragraph 1 of this rule.
Standard A5.1.4 - Inspection and Implementation
1. Any Member shall have a system of inspection of conditions for seafarers on board vessels flying their flag, in particular to ensure that the measures relating to the working and living conditions set out in the declaration of conformity of maritime work, if any, are followed and that the requirements of this Agreement are met.
2. The competent authority shall designate qualified inspectors in sufficient numbers to assume its responsibilities under paragraph 1 of this standard. When recognized bodies are empowered to conduct inspections, the Member requires that persons assigned to this activity have the necessary qualifications to that effect and shall give the interested parties the legal authority to perform their duties.
3. The necessary steps are taken to ensure that inspectors have the training, skills, powers, powers, status and independence required or desirable to carry out the verification and compliance referred to in paragraph 1er of this standard.
4. Inspections shall be carried out at intervals conforming to the requirements of A5.1.3, if applicable. These intervals must not exceed three years.
5. If a Member receives a complaint that is not manifestly unfounded or acquires evidence that a vessel flying its flag does not comply with the requirements of this Agreement or that there are serious breaches in the application of the measures set out in the declaration of conformity of maritime work, it shall take the necessary steps to investigate the matter and ensure that measures are taken to remedy the deficiencies found.
6. Each Member formulates appropriate rules and ensures the effective application of these rules to ensure that inspectors have a status and conditions of service that make them independent of any change in government and any undue external influence.
7. The inspectors, having received clear instructions on the tasks to be performed and with appropriate powers, are authorized to:
(a) to board vessels flying the Member ' s flag;
(b) conduct any examinations, inspections or investigations that they consider necessary to ensure that standards are strictly adhered to;
(c) require that any breach be corrected and that a vessel be prohibited from leaving the port until the necessary measures have been taken when they have reason to believe that the breaches constitute a grave breach of the requirements of this Convention, including the rights of seafarers, or constitute a serious danger to the safety, health or safety of seafarers.
8. Any action taken under paragraph 7 (c) of this standard shall be subject to appeal to the judicial or administrative authority.
9. Inspectors may give advice instead of initiating or recommending prosecutions where there is no apparent breach of the requirements of this Convention that endangers the safety, health or safety of the seafarers concerned and that there are no similar offences.
10. The inspectors shall keep confidential the source of any complaint or complaint alleging that there is a danger or breach of the conditions of work and life of seafarers, or that there is a violation of the legislative provisions, and shall refrain from revealing to the shipowner or the ship's representative or operator that an inspection has been made following such a complaint or complaint.
11. Inspectors shall not be assigned a number of tssches or a nature such that they are likely to harm an effective inspection or to prejudice their authority or impartiality vis-à-vis shipowners, seafarers or any other interested party. The Inspectors shall, inter alia:
(a) having the prohibition of having any direct or indirect interest in the activities they are called to control;
(b) be required, under penalty of appropriate sanctions or disciplinary measures, not to reveal, even after they have ceased their duties, commercial secrets or confidential operating procedures or information of a personal nature that they may have known in the performance of their duties.
12. The inspectors shall submit a report to the competent authority for any inspection. A copy of this report, in the English language or in the working language of the vessel, is provided to the master and another is posted on the vessel's billboard for information from seafarers and communicated to their representatives upon request.
13. The competent authority shall maintain records of the inspections of conditions made to seafarers on board vessels flying the flag of the Member to which it reports. It publishes an annual report on inspection activities within a reasonable period not exceeding six months from the end of the year.
14. In the case of an investigation following a major incident, the report shall be submitted to the competent authority as soon as possible and no later than one month after the conclusion of the investigation.
15. Where an inspection is conducted or measures are taken in accordance with the provisions of this standard, all reasonable efforts shall be made to prevent unduly retained or delayed vessel.
16. Compensation shall be paid in accordance with national legislation for any damage or loss resulting from the unlawful exercise of the powers of the inspectors. The burden of proof lies with the complainant in each case.
17. Appropriate sanctions and other corrective measures are planned and effectively applied by any Member in the event of a breach of the requirements of this Convention, including the rights of seafarers, and shall interfere with the performance of the duties of inspectors.
Guideline B5.1.4 - Inspection and Implementation
1. The competent authority and any other service or authority responsible for all or part of the inspection of the working and living conditions of seafarers should have the necessary resources to be able to perform their duties. In particular:
(a) any Member should take the necessary measures to ensure that inspectors, as appropriate, have the assistance of qualified experts and technicians in the performance of their work;
(b) Inspectors should have adequate facilities and adequate material and transport facilities to effectively carry out their tssches.
2. The competent authority should develop a compliance and enforcement policy to ensure consistency and guide inspection and enforcement activities related to this Convention. The statement of this policy should be communicated to all the inspectors and representatives of the law concerned and held at the disposal of the public as well as shipowners and seafarers.
3. The competent authority should establish simple procedures to allow it to be confidentially seized of any information relating to possible offences under this Convention, including the rights of seafarers, submitted by seafarers directly or through their representatives and to ensure that inspectors can promptly investigate this matter, including:
(a) empowering the master, seafarers or seafarers to request an inspection when deemed necessary;
(b) providing shipowners and seafarers and interested organizations with technical information and advice on the most effective means to give effect to the requirements of this Convention and to work towards a continuous improvement in the conditions of seafarers on board ships.
4. Inspectors should be fully trained and sufficiently numerous to be able to carry out their tssches effectively, with due regard to the following:
(a) the importance of the tssches affecting them, in particular the number, nature and size of vessels subject to inspection and the number and complexity of the legal provisions to be applied;
(b) resources made available to inspectors;
(c) the practical conditions under which the inspection must be conducted to be effective.
5. Subject to the conditions established by national law for recruitment in public service, inspectors should have adequate qualifications and training to perform their duties and, as far as possible, have marine training or marine experience. They should have adequate knowledge of the working and living conditions of seafarers and the English language.
6. Steps should be taken to ensure that inspectors are provided with appropriate training during employment.
7. All inspectors should be aware precisely of the circumstances under which an inspection is required, the extent of the inspection to be carried out in the various circumstances and the general method of inspection.
8. Inspectors, with the necessary powers under national law, should at least be allowed:
(a) to board vessels freely and unpredictably. However, at the time of the vessel's inspection, inspectors should inform the master or person in charge of the vessel and, as the case may be, seafarers or their representatives;
(b) to interrogate the master, seafarers or any other person, including the shipowner or his representative, on any matter concerning the application of the requirements of the legislation, in the presence of any witness that the person may have requested;
(c) require all books, logs, records, certificates or other documents or information directly related to the subject-matter of the inspection to verify that national legislation ensuring the implementation of this Convention is respected;
(d) ensure that notices required by national legislation implementing this Convention are posted;
(e) to collect and carry, for analysis, samples of products, goods, drinking water, food, materials and substances used or handled;
(f) as a result of an inspection, to immediately bring to the attention of the shipowner, ship operator or master any breach that may affect the health and safety of the persons on board;
(g) to alert the competent authority and, where appropriate, the body recognized on any breaches or abuses that the legislation in force does not specifically take into account and submit proposals for the improvement of that legislation;
(h) notify the competent authority of any occupational injury or illness affecting seafarers in the cases and in the manner prescribed by law.
9. When a sample is taken or carried in accordance with paragraph 8(e) of this guiding principle, the shipowner or his representative and, as the case may be, a sailor should attend or be notified of the operation. The sample should be duly recorded by the inspector.
10. The annual report published by the competent authority of any Member with respect to vessels flying the flag of that Member should include:
(a) a list of existing laws and regulations relating to the working and living conditions of seafarers, as well as any amendments that have become applicable during the year;
(b) detailed information on the organization of the inspection system;
(c) statistics of vessels or other premises subject to inspection and of vessels or other premises effectively inspected;
(d) statistics of all seafarers subject to national legislation;
(e) statistics and information on violations of legislation, sanctions imposed and cases where vessels have been stopped;
(f) statistics on occupational accidents and diseases affecting seafarers and reported.
Rule 5.1.5 - Complaint procedures on board
1. Each Member requires that there be procedures on board vessels flying its flag for a fair, effective and expeditious resolution of any complaint submitted by a sailor alleging an offence to the requirements of this Convention, including the rights of seafarers.
2. Any Member prohibits and punishes any form of victimization of a sailor who has filed a complaint.
3. The provisions of this rule and the corresponding sections of the code shall be without prejudice to the right of the sailor to seek redress by any legal means that it considers appropriate.
Standard A5.1.5 - Complaint procedures on board
1. Without prejudice to a broader scope than national collective legislation or agreements, seafarers may use the procedures on board to make a complaint on any matter that constitutes an offence to the requirements of this Convention, including the rights of seafarers.
2. Every Member shall ensure that legislation provides for the establishment of appropriate complaint procedures on board to meet the requirements of Rule 5.1.5. These procedures must aim to ensure that the complaint is resolved at the lowest possible level. However, in all cases, seafarers have the right to file a complaint directly with the master and, if they deem it necessary, with appropriate external authorities.
3. Seafarers have the right to be accompanied or represented during the complaint procedure on board and measures will be planned to prevent the victimization of seafarers who filed a complaint. The term "victimization" means any malicious act, regardless of the author, against a sailor who has filed a complaint that is not manifestly abusive or slanderous.
4. All seafarers must receive, in addition to a copy of their maritime contract, a document describing the complaint procedures in force on board the ship. The document must include the contact details of the competent authority in the flag State and, if not the same, in the country of residence of the seafarers, as well as the name of one or more persons on board who would be liable, in confidence, to advise them impartially on their complaint and to assist them in any other way in implementing the complaint procedure that is open to them while on board.
Guideline B5.1.5 - Complaint procedures on board
1. Subject to any relevant provisions of an applicable collective agreement, the competent authority should, in close consultation with the organizations of shipowners and seafarers, establish a model for the establishment of fair, expeditious and substantiated procedures by documents for the handling of complaints on board vessels flying the flag of the Member concerned. The following elements should be taken into account when establishing these procedures:
(a) many complaints may be directed to persons to whom they are to be submitted, or even the master of the ship. In any event, seafarers should also be able to complain directly to the captain or to external bodies;
(b) in order to avoid any victimization of seafarers who have filed a complaint relating to matters under this Convention, the procedures should encourage the designation on board of a person's ship to advise seafarers on the procedures to which they may resort and, if so requested by the seafarer, to attend any interview or hearing relating to the cause of the dispute.
2. The procedures reviewed during the consultations referred to in paragraph 1er of this guiding principle should at least provide for the following:
(a) Complaints should be submitted to the head of the marine service who makes a complaint or to its supervisor;
(b) the chief of service or the officer in charge of the mariner should endeavour to resolve the problem within a prescribed period, appropriate to the gravity of the subject matter of the dispute;
(c) if the chief of service or supervisor fails to resolve the dispute to the satisfaction of the sailor, the officer may refer the matter to the master, who should take personal care of the matter;
(d) seafarers should at any time have the right to be accompanied and represented by another sailor of their choice on board the vessel concerned;
(e) the complaints and decisions to which they have been made should be registered and copied to the concerned seafarers;
(f) if a complaint cannot be resolved on board, it should be submitted to the shipowner, who should have sufficient time to resolve the problem, if necessary in consultation with the seafarers concerned or any person they may appoint to represent them;
(g) in all cases, seafarers should have the right to address their complaint directly to the master and the shipowner and the competent authorities.
Rule 5.1.6 - Maritime accidents
1. Any Member conducts an official investigation into any serious marine accident that has resulted in injury or loss of human life that involves a vessel flying its flag. The final report of this investigation is in principle made public.
2. Members should cooperate in facilitating investigations of serious maritime accidents referred to in paragraph 1er of this rule.
Standard A5.1.6 - Maritime Accidents
(No provisions)
Guideline B5.1.6 - Maritime Accidents
(No provisions)
Rule 5.2 - Responsibilities of the port State
Subject: Allow any Member to fulfil its responsibilities under this Convention with respect to the international cooperation necessary to ensure the implementation and compliance of the standards of the convention on board foreign vessels
Rule 5.2.1 - Inspections in port
1. Each foreign vessel having a port of call, in the normal course of its activity or for a reason inherent in its operation, in the port of a Member is likely to be inspected, in accordance with the provisions of Article V, paragraph 4, to verify compliance with the requirements of this Agreement relating to the working and living conditions of seafarers on board the ship, including the rights of seafarers.
2. Any Member shall accept the Maritime Work Certificate and the declaration of conformity of maritime work required by Rule 5.1.3 as attesting, unless otherwise proven, to the requirements of this Convention, including the rights of seafarers. As a result, except in the cases specified in the code, inspection in its ports is limited to a control of the certificate and declaration.
3. Inspections in ports are carried out by authorized officials, in accordance with the provisions of the code and other applicable international agreements governing inspections in the territory of the Member for the control of ships by the port State. These inspections are limited to verifying that the aspects examined comply with the applicable requirements of the articles and rules of this Convention and Part A of the Code.
4. The inspections carried out pursuant to this rule are based on an effective system of inspection and monitoring of the port State and in order to help ensure that the working and living conditions of seafarers on board the vessels identified in the port of the Member concerned comply with the requirements of this Convention, including the rights of seafarers.
5. Information on the system referred to in paragraph 4 of this rule, including the method used to assess its effectiveness, is included in the reports submitted by Members under Article 22 of the Constitution.
Standard A5.2.1 - Inspections in the port
1. When an authorized officer, who has been on board to conduct an inspection and has requested, where appropriate, the maritime work certificate and the declaration of conformity of maritime work, notes that:
(a) the required documents are not submitted or are not kept up-to-date, or are false, or the documents submitted do not contain the information required by this Convention or are not valid for another reason; or
(b) there are substantial grounds for believing that the working and living conditions on board the vessel are not in conformity with the requirements of this Convention; or
(c) there are reasonable grounds to believe that the vessel has changed its flag to avoid the requirement to comply with the provisions of this Agreement; or
(d) a complaint was filed on the ground that certain working and living conditions on board the vessel are not in conformity with the requirements of this Convention;
a further inspection may be carried out to verify the working and living conditions on board the vessel. Such an inspection shall be in any event carried out where the working and living conditions of which it is deemed or alleged that they are not in conformity may constitute a real danger to the safety, health or safety of seafarers, or where the authorized official has reason to believe that any breach constitutes a grave breach of the requirements of this Convention, including the rights of seafarers.
2. When a further inspection is carried out on a foreign vessel in the port of a Member by officials authorized under the circumstances specified in paragraph 1er (a), (b) or (c) of this standard, it shall, in principle, bear on the items listed in Annex A5-III.
3. Where a complaint is filed under subsection 1er (d) of this standard, the inspection shall generally be limited to the subject matter of the complaint, unless the complaint or its instruction provides substantial reasons for conducting a thorough inspection in accordance with paragraph 1 (b) of this standard. For the purposes of paragraph 1er (d) of this standard, "report" means any information submitted by a sailor, a professional body, an association, a union or, in general, any person who has an interest in the safety of the vessel, including in the face of risks to the safety or health of seafarers on board.
4. When, following a more detailed inspection, it is found that the working and living conditions on board the vessel are not in accordance with the requirements of this Agreement, the authorized official shall immediately notify the master of the vessel of the deficiencies found and the delays in which it is to be remedied. In the event that the authorized official considers that the deficiencies found are significant, or if the breaches relate to a complaint filed under paragraph 3 of this standard, the authorized official shall bring them to the attention of the armor and seafarer organizations present in the territory of the Member where the inspection is performed, and may:
(a) inform a representative of the flag State;
(b) communicate the relevant information to the competent authorities of the next port of call.
5. The Member in whose territory the inspection is carried out shall have the right to send a copy of the inspection report to the Director General of the International Labour Office, together with, where appropriate, the response provided within the time limit prescribed by the competent authorities of the flag State, in order to take any action that may be considered appropriate and useful to ensure that such information is recorded and is brought to the attention of the parties likely to use the means of inspection.
6. Where, after further inspection by the authorized official, it is found that the vessel is not in compliance with the requirements of this Convention and that:
(a) the conditions on board pose a clear danger to the safety, health or safety of seafarers; or
(b) non-compliance constitutes a serious or repeated offence to the requirements of this Convention, including the rights of seafarers, and an authorized official shall take measures to ensure that the vessel will not take the sea until the non-compliances referred to in subparagraphs (a) or (b) of this paragraph have been corrected, or until a plan to rectify them is accepted and will not be satisfied that the plan will be implemented promptly. If the vessel is prohibited from aircraft, the authorized official shall promptly inform the flag State and shall invite one of its representatives to be present, if possible, and shall request a response from the flag State within the prescribed time limit. The authorized official shall also inform, without delay, the organizations of appropriate shipowners and seafarers of the port State where the inspection took place.
7. Any Member shall ensure that its authorized officials receive guidance, as set out in Part B of the Code, regarding the nature of the circumstances that warrant the immobilization of a vessel under paragraph 6 of this Standard.
8. In the exercise of its responsibilities under this standard, any Member shall, to the extent possible, avoid unduly immobilizing or delaying a ship. If it is determined that a vessel has been unduly immobilized or delayed, damages and interests shall be paid for any loss or damage suffered. The burden of proof lies with the complainant in each case.
Guideline B5.2.1 - Inspection in port
1. The competent authority should develop an inspection policy for authorized officials who conduct inspections under Rule 5.2.1. This policy should be designed to ensure consistency and guide inspection and enforcement activities related to the requirements of this Convention, including the rights of seafarers. The statement of this policy should be communicated to all authorized officials and held at the disposal of the public as well as shipowners and seafarers.
2. For the purpose of developing a policy on the circumstances justifying the immobilization of a vessel under paragraph 6 of Standard A5.2.1, the competent authority should take into account that, with respect to the offences referred to in paragraph 6 (b) of Standard A5.2.1, the gravity of the violation may be due to the nature of the breach in question. This applies particularly to cases of violation of fundamental rights and principles or employment rights and the social rights of seafarers as set out in sections III and IV. For example, the use of a person of a ssge below the prescribed ssge should be considered a serious offence, even if it concerns only one person on board. In other cases, the number of different breaches observed during a given inspection should be taken into account: for example, there would be a number of deficiencies in housing or food and table service that do not threaten safety or health to be considered a serious offence.
3. Members should, as far as possible, cooperate with each other for the adoption of internationally recognized inspection policy directives, particularly with regard to the circumstances justifying the immobilization of a vessel.
Rule 5.2.2 - Procedures for dealing with complaints from seafarers
1. Any Member shall ensure that seafarers on board ships that are on call in a port located in its territory who report an offence to the requirements of the Convention, including the rights of seafarers, have the right to file a complaint in a timely and concrete manner.
Standard A5.2.2 - Procedures for dealing with complaints of seafarers
1. A complaint from a mariner alleging an offence to the requirements of this Convention, including the rights of seafarers, may be filed with an official authorized to the port where the ship makes a call. In this case, the staff member must undertake an initial investigation.
2. In appropriate cases, in the light of the nature of the complaint, the initial investigation must verify whether the complaint procedures on board provided for in Rule 5.1.5 have been considered. The authorized official may also conduct a more detailed inspection in accordance with A5.2.1.
3. The authorized official shall, in appropriate cases, encourage the settlement of the complaint on board the vessel.
4. If the investigation or inspection conducted under this standard reveals non-compliance with paragraph 6 of A5.2.1, the provisions of this paragraph shall be applied.
5. Where the provisions of paragraph 4 of this standard do not apply and the complaint has not been resolved on board the vessel, the authorized official must promptly notify the flag State, seeking advice and a corrective action plan within a prescribed period.
6. Where the complaint has not been resolved despite the measures taken in accordance with paragraph 5 of this standard, the port State shall provide a copy of the report prepared by the official authorized to the Director General. The report must be accompanied by any response received within the prescribed time limits of the competent authority of the flag State. The appropriate armor and seafaring organizations of the port State are also informed. In addition, statistics and information concerning complaints resolved must be regularly communicated by the port State to the Director General. These two communications are made so that, on the basis of appropriate and timely action, a record of this information is kept and brought to the attention of the parties, including organizations of shipowners and seafarers that are likely to use the relevant remedies.
7. Appropriate measures must be taken to ensure the confidentiality of complaints filed by seafarers.
Guideline B5.2.2 - Procedures for dealing with complaints of seafarers
1. When a complaint referred to in A5.2.2 is dealt with by an authorized official, the official should first determine whether it is a general complaint that concerns all seafarers on board the vessel or a class of them, or a complaint relating to the particular case of the marine concerned.
2. If the complaint is of a general nature, the use of a more detailed inspection in accordance with A5.2.1 should be considered.
3. If the complaint relates to a particular case, it is appropriate to consider the outcome of the procedures for examining the complaint that may be carried out on board the vessel for its settlement. If such procedures have not been considered, the authorized official should encourage the complainant to use all available procedures on board the vessel. Good reasons must exist to justify the consideration of a complaint before any complaint procedure on board the vessel has been considered. These include the inadequacy or slowness of internal proceedings or the complainant's fear of retaliation for filing a complaint.
4. In any investigation of a complaint, the authorized official should give the master, the shipowner and any person involved in the complaint the opportunity to make their views known.
5. The authorized official may refrain from further intervention in the resolution of the complaint in the event that the flag State, responding to the notification of the port State in accordance with paragraph 5 of Standard A5.2.2, demonstrates that he is in a position to deal with the issue and has adequate procedures for that purpose, and that he has submitted an acceptable action plan.
Rule 5.3 - Responsibilities of the labour supplier
Purpose: ensure that any Member fulfils its responsibilities under this Convention with respect to the recruitment and placement of seafarers and their social protection
1. Without prejudice to the principle of its responsibility with respect to the working and living conditions of seafarers on board vessels flying its flag, any Member also has the responsibility to ensure the application of the requirements of this Convention relating to the recruitment, placement and protection of the social security of seafarers who are its nationals, or residents, or persons domiciled in its territory, to the extent that this responsibility is provided for in this Convention.
2. Detailed information on the implementation of paragraph 1er of this rule are contained in the code.
3. Each Member shall establish an effective inspection and monitoring system to discharge its responsibilities as a supplier of labour under this Agreement.
4. Information on the system referred to in paragraph 3 of this rule, including the method used to assess its effectiveness, should be included in the reports submitted by Members under Article 22 of the Constitution.
Standard A5.3 - Responsibilities of the workforce supplier
1. Any Member shall ensure compliance with the requirements of this Convention applicable to the administration and activities of the recruitment and placement services of seafarers established in its territory by means of an inspection and monitoring system and by legal procedures in the event of breaches of the licence provisions and other requirements set out in A1.4.
Guiding principle B5.3 - Responsibilities of the labour supplier
1. Private recruitment and placement services for seafarers established in the Member's territory and providing the services of a sailor to a shipowner, wherever they are located, should be required to undertake to ensure that the shipowner complies with the terms of the maritime contracts with seafarers.

For the consultation of the table, see image

For the consultation of the table, see image