Keywords foreign, INTERNATIONAL agreement, MULTILATERAL agreement, approval, RATIFICATION, CONVENTION, organization International Labour, ILO, MARITIME TRANSPORT, GENS DE MER, NAVIGATION at sea, PORT, health PROTECTION, MEDICAL care, MARIN, Protocol, OBSERVATION, ship merchant JORF n ° 116, May 20, 2005 page 8745 text no. 37 Decree No. 2005-508 of 11 May 2005 on the publication of the convention no. 164 of the international organization of work concerning the protection of the health and healthcare of seafarers adopted at Geneva on 8 October 1987 (1) NOR: MAEJ0530014D ELI: https://www.legifrance.gouv.fr/eli/decret/2005/5/11/MAEJ0530014D/jo/texte Alias: https://www.legifrance.gouv.fr/eli/decret/2005/5/11/2005-508/jo/texte the President of the Republic, on the report of the Prime Minister and the Minister of Foreign Affairs, having regard to articles 52 to 55 of the Constitution;
Pursuant to law No. 2004-146 of February 16, 2004, authorizing the ratification of the conventions of the international organization of labour no. 163 concerning the welfare of seafarers at sea and in ports, no. 164 concerning the protection of the health and medical care of seafarers, no. 166 concerning the repatriation of seamen, no. 178 concerning the inspection of conditions of work and life of seafarers No. 179 concerning the recruitment and placement of seafarers, no. 180 concerning the duration of the work of seafarers and the manning of ships, no. 185 concerning the identification of seafarers (revised) and of the Protocol to convention no. 147 concerning minimum standards to be observed on merchant ships;
Having regard to Decree No. 53-192, 14 March 1953 as amended relating to the ratification and the publication of the international commitments entered into by the France, enacts as follows: Article 1 the convention no. 164 of the international organization of work concerning the protection of the health and medical care of seafarers, adopted in Geneva on 8 October 1987, will be published in the Official Journal of the French Republic.
Article 2 the Prime Minister and the Foreign Minister are responsible, each in relation to the implementation of this Decree, which shall be published in the Official Journal of the French Republic.
Annex C O N V E N T I O N No. 164 of the Organization International of work concerning the PROTECTION of the health and the care medical of the sailors, adopted in Geneva on 8 October 1987 the General Conference of the International Labour Organization convened at Geneva by the governing body of the international labour office, and having met on September 24, 1987 , at its seventy-fourth session;
Noting the provisions of the convention on the medical examination of seafarers, 1946; of the convention on the accommodation of crews (revised), 1949; of the convention on the accommodation of crews (supplementary provisions), 1970; the recommendation on edge pharmacies, 1958; the recommendation medical advice at sea, 1958, and the convention and the recommendation on the prevention of accidents (Seafarers), 1970;
Noting the terms of the international convention of 1978 on standards of training people, issuing patents and sleep in what concerns training for medical help in case of accident or illness occurring on board;
Noting that, for the success of the action undertaken in the field of the protection of health and the medical care to seafarers, it is important that close cooperation is maintained, in their respective fields, between the International Labour Organization, the international maritime organization and the World Health Organization;
Noting that the following standards have therefore been developed with the cooperation of the international maritime organization and the World Health Organization, and that it is planned to continue the cooperation with those organizations in the implementation of these standards;
After deciding to adopt various proposals relating to the protection of the health and medical care for seafarers, which is the fourth item on the agenda of the session;
Having determined that these proposals shall take the form of an international convention, adopts, this eighth day of October one thousand nine hundred and eighty-seven the following Convention, which will be referred to as Convention on the protection of the health and medical care (Seafarers), 1987.
Article 1 1. This convention applies to every seagoing ship, of public or privately owned, which is registered in the territory of any Member for which the convention is in force and which is normally assigned to commercial shipping.
2 insofar as, after consultation with the representative organizations of fishing vessel owners and fishermen, the competent authority considers that it is achievable, it must apply the provisions of this convention to commercial maritime fishing.
3. in the event of doubt as to whether a vessel should be regarded as engaged in commercial maritime navigation or commercial maritime fishing for the purpose of this convention, the question shall be determined by the competent authority after consulting the organizations of shipowners, seafarers and fishermen concerned.
4. for the purposes of this convention, the terms 'sea people' or 'marin' means the persons employed in any capacity whatsoever, on board a vessel to which the convention applies.
Article 2 must be given effect to the convention through national legislation, collective agreements, internal rules of arbitral or judicial decisions, or by other means appropriate to national conditions.
Article 3 each Member shall, by means of national legislation, provide that shipowners have the responsibility for ensuring that ships are kept in sanitary and hygienic conditions adequate.
Article 4 each Member shall ensure that the protection of health and medical care are taken of the measures to ensure that seafarers on board. These measures must: a) ensure the application to seafarers of any general provisions relating to the protection of health at work and medical care affecting seafarers, as well as any special provision for work on board;
(b) aim to ensure protection of the health and medical care as comparable as possible to those enjoyed in general workers ashore to seafarers;
c) guarantee seafarers the right to medical examinations without delay in ports of call, where practicable;
d) ensure that, in accordance with the legislation and national practice, medical care and the protection of the health of sailors listed in muster are provided free of charge;
(e) not be limited to treatment of sick or injured seafarers, but also include measures of a preventive nature and pay particular attention to the development of programmes for the promotion of health and health education, so that seafarers can themselves contribute actively to reduce the incidence of diseases that can reach them.
Article 5(1). Every ship to which this convention applies must have a pharmacy's edge.
2. the content of the edge Pharmacy and medical to retain on board equipment must be prescribed by the competent authority, taking into account factors such as the type of ship, the number of persons on board and the nature, destination and duration of voyages.
3. to adopt or revise national provisions concerning the content of the edge Pharmacy and medical to retain on board, the competent authority shall take into account international recommendations in this field, such as the most recent of the edge international medical Guide edition and the list of essential medicines, published by the world Organization of health, as well as advances in medical knowledge and methods of treatment approved.
4. the edge Pharmacy and its contents as well as medical to retain on board equipment must be maintained properly and inspected at regular intervals, not exceeding 12 months, by responsible persons designated by the competent authority, which shall ensure the control of expiry dates and conditions of storage of all medicines.
5. the competent authority shall ensure that the contents of the pharmacy's edge is the subject of a list and door labels with generic names in addition to trademark names, expiry dates and conditions of preservation and that it corresponds to the medical guide used nationally.
6. the competent authority shall ensure that, when a classified cargo does not appear in the latest edition of the Guide to the emergency medical care at accidents involving dangerous goods, published by the international maritime organization, the master, seafarers and other interested persons have relevant information on the nature of the substances, the risks the necessary personal protective equipment, medical procedures and specific antidotes. Specific antidotes and personal protective equipment must be on board whenever dangerous goods are carried.
7. in the case of emergency and when a medicine prescribed by qualified medical personnel for a seafarer is not available in the pharmacy of edge, the shipowner shall take all necessary measures to obtain it as soon as possible.
Article 6 1. Every ship to which this convention applies shall be provided with a medical guide adopted by the competent authority.
2. the medical guide should explain the use of the contents of the pharmacy of edge and be designed to enable persons other than physicians provide care to the sick and wounded on board, with or without medical advice by radio or satellite.
3. to adopt or revise the guide medical edge in use in the country, the competent authority shall take into account international recommendations in this field, including the most recent edition of the international medical Guide edge and the Guide to medical care emergency accidents involving dangerous goods.
Article 7 1. The competent authority shall ensure by means of prearranged, that medical consultations by radio or by satellite, including advice from specialists, are possible for ships at sea at any time of the day or night.
2. these medical consultations, including transmission by radio or satellite of medical messages between a ship and those ashore giving advice, must be provided free of charge to all ships, irrespective of the territory in which they are registered.
3. in order to ensure optimal use of the possibilities of medical advice by radio or satellite: has) all ships covered by this convention and which are equipped with radio installations must have on board a complete list of stations of radio through which medical advice can be obtained;
b) all ships covered by the convention and which are equipped with a communication system via satellite must have on board a complete list of Coast Earth stations through which medical advice can be obtained;
(c) these lists shall be kept up to date and in the custody of the person responsible for communications on board.
4 seafarers on board requesting medical advice by radio or satellite must be prepared for the use of the medical guide edge and the medical portion of the most recent edition of the international Code of signals published by the international maritime organization, so that they understand the type of information needed for the doctor consulted and the advice they receive.
5. the competent authority shall ensure that doctors providing medical advice under this section receive appropriate training and are aware of the conditions on board ships.
Article 8 1. Any vessel to which applies this convention that takes one hundred sailors or more and normally performs international trips over three days must be among the members of the crew a doctor responsible for medical care.
2. national legislation should determine, taking into account factors such as the duration, nature and conditions of travel and the number of sailors, including which other ships must have a doctor in their crew.
Article 9 1. Every ship to which this convention applies and having no doctor on Board should count in his crew one or more persons designated to ensure, among their regular duties, the medical care and the administration of drugs.
2. the persons responsible for medical care on board and who are not doctors shall have successfully completed courses approved by the competent authority of theoretical and practical training on medical care. These courses must be: a) for vessels with a gross tonnage of less than 1600 tons that can usually access within eight hours qualified medical care and medical facilities, a basic training that enables interested individuals to take immediate effective measures in case of accidents or illnesses likely to occur on board and make good use of medical by radio or by satellite;
(b) for all other ships, in a medical education to a higher level, including practical training in the service of emergencies or accidents of a hospital where practicable and training in techniques of survival, such as intravenous therapy; This training should allow interested parties to participate effectively in programmes coordinated medical assistance to ships at sea and to ensure a level of medical care meeting during the period in which they are likely to remain aboard for the sick and the wounded. When possible, this training shall be ensured under the supervision of a doctor with a knowledge and understanding of the medical problems of the seafarers and of their profession, including specialized knowledge of medical services by radio or satellite.
3. the courses referred to in this article must be based on the content of the most recent edge international medical Guide edition, manual of medical care from emergency to accidents involving dangerous goods, the document intended to serve as international maritime training Guide, published by the international maritime organization, and the medical portion of the international Code of signals as well as similar national guides.
4. the persons to whom reference is made in paragraph 2 of this article and all other sea people designated by the competent authority should take courses allowing them to maintain and increase their knowledge and skills and to keep abreast of what's new, approximately every five years.
5. all seafarers shall receive during their maritime vocational training preparation on measures to be taken immediately in the event of accident or other medical emergency occurring on board.
6. in addition to the person or persons responsible medical care on board, one or more of the designated crew members shall receive elementary training in medical care, allowing them to take immediate effective action in case of accidents or illnesses likely to occur on board.
Article 10 any vessel to which this convention applies shall, where practicable, provide all possible medical assistance to other vessels which may apply for the.
Article 11 1. Shall be a separate sick Bay aboard every ship of 500 tons or more gross tonnage, carrying 15 sailors or more and assigned to a trip for a period of more than three days. The competent authority may grant derogations from this provision with respect to the ships engaged in coastal shipping.
2. This article shall apply insofar as this is reasonable and practicable, 200 to 500 gross tonnage vessels and tugs.
3. This article shall not apply to vessels sailing is the main means of propulsion.
4. the infirmary shall be located so that access is easy, that its occupants are comfortably housed so that they can receive, in all weathers, the necessary care.
5. the infirmary shall be designed to facilitate consultations and emergency care.
6. the entrance, berths, lighting, ventilation, heating and water system must be designed to ensure the comfort and facilitate the treatment of the occupants.
7. the number of berths to install in the infirmary shall be prescribed by the competent authority.
8. the occupants of the hospital must have, for their exclusive use of water closets that are part of the clinic itself or are located in the immediate vicinity thereof.
9. the use of the infirmary for purposes other than medical should be prohibited.
Article 12 1. The competent authority shall adopt a model of medical report for seafarers to the use of physicians from edge, captains, or those responsible for healthcare on board as well as hospitals or doctors ashore.
2. the report model must be specially designed to facilitate the exchange of medical information and related information concerning seafarers between ship and the Earth in case of illness or accident.
3. the information contained in the medical reports must remain confidential and should be used only to facilitate the treatment of seafarers.
Article 13 1. Member for which the convention is in force shall cooperate with each other to promote the protection of the health of seafarers and medical care on board ships.
2. this cooperation could aim to: has) develop and coordinate search and rescue efforts and organise assistance and a medical evacuation fast at sea, in case of illness or accident on board a ship, including through systems of reporting periodic ship position, coordinating centres of operations for rescue and emergency helicopter services in accordance with the provisions of the International Convention of 1979 on research and maritime rescue, as well as the manual search and rescue to use of commercial vessels and the search and rescue of the IMO manual, developed by the international maritime organization;
b) use of fishing vessels with a doctor and ships stationed at sea which can provide hospital services and means of rescue;
c) develop and maintain an international list of doctors and medical facilities available worldwide to ensure seafarers emergency medical care;
d) landing seafarers in a port for emergency treatment;
(e) repatriating seafarers hospitalized abroad as soon as practicable, in accordance with the medical advice of the doctors responsible for the case taking into account the wishes and the needs of marin.
(f) take measures to provide personal assistance for seafarers during repatriation, in accordance with the medical advice of the doctors responsible for the case taking into account the wishes and the needs of the sailor;
(g) endeavour to set up health centres for seafarers, who would be responsible for: i) conduct research on the health, medical treatment and preventive health care of seafarers;
II) training in maritime medicine medical personnel and health staff;
(h) collect and evaluate statistics on accidents, occupational diseases and fatalities of seafarers and integrate them into the national system of statistics on occupational accidents, occupational diseases and fatalities covering other categories of workers, aligning them with this system;
(i) organizing international exchanges of technical information and educational material and teachers and courses of training, seminars and international working groups;
j) ensure all seafarers of health services and medical, curative and preventive services that are specially for them in ports or put at their disposal of general medical health and rehabilitation services;
(k) the arrangements to repatriate as soon as possible, the body or ashes of the seafarers who died, in accordance with the wishes of their closest relatives.
3. the international cooperation in the field of the protection of the health and medical care of seafarers should be based on bilateral or multilateral agreements or consultations among members.
Article 14 the formal ratifications of this convention shall be communicated to the Director-general of the international Bureau of labour and by him registered.
Article 15 1. This agreement shall bind the members of the International Labour Organization whose ratification will have been registered by the Director general.
2. it will enter into force 12 months after ratification of two members are registered by the Director-general.
3. Subsequently, this convention shall enter into force for each Member twelve months after the date where its ratification has been registered.
Article 16 1. Any Member that has ratified this convention may denounce on the expiry of a period of ten years after the date of the initial implementation of the convention, by an act communicated to the Director-general of the international labour office and by him registered. The denunciation will take effect a year after having been registered.
2. any Member that has ratified this convention which, within a period of one year after the expiry of the period of ten years mentioned in the preceding paragraph will not make use of the option of denunciation provided for in this article will be bound to a new period of ten years and, thereafter, may denounce this convention at the expiration of each period of ten years under the conditions laid down in this article.
Article 17 1. The Director general of the international labour office shall notify all members of the International Labour Organization of the registration of all ratifications and denunciations that will be communicated to him by the members of the organization.
2. by notifying Members of the Organization to the registration of the second ratification which will have been communicated to him, the Director-general will draw the attention of the members of the Organization on the date on which this convention enters into force.
Article 18 the Director general of the international labour office shall communicate to the Secretary-General of the United Nations, for registration in accordance with article 102 of the Charter of the Nations United, complete information about all ratifications and acts of denunciation that it will be registered in accordance with the preceding articles.
Article 19 whenever it deems it necessary, the governing body of the international labour office will present to the General conference a report on the implementation of this convention and will consider whether it is appropriate to include in the agenda of the conference the question of its revision in whole or in part.
Section 20 (1). A_le_cas_ou the conference adopt a new convention on the total or partial revision of this convention, and unless the new convention otherwise provides: a) the ratification by a member of the new revising convention would of right, notwithstanding article 16 above, involve the immediate denunciation of this convention, provided that the new revising convention is in force;
(b) from the date of the entry into force of the new revising convention, this convention would cease to be open to ratification by the members.
2. the convention would remain in force in its form and content for the members which have ratified it but have not ratified the revising convention.
Article 21 the French and English versions of the text of this convention are equally authentic.
Done at Paris, 11 May 2005.
Jacques Chirac by the President of the Republic: Prime Minister Jean-Pierre Raffarin Foreign Minister Michel Barnier