Key Benefits:
The President of the Republic,
On the Prime Minister's Report Minister for Foreign Affairs,
Having regard to Articles 52 to 55 of the Constitution;
In view of Act No. 2004-146 of 16 February 2004 authorizing the ratification of the International Labour Organization Conventions 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 seafarers, No. 178 concerning the inspection of working conditions and life of seafarers, No. 179 concerning the recruitment and placement of seafarers, No. 180 concerning the working hours of seafarers and the number of ships, No. 185 concerning seafarers' identity documents (revised) and the protocol to Convention No. 147 concerning the minimum standards to be observed on merchant ships;
In view of the amended Decree No. 53-192 of 14 March 1953 on the ratification and publication of international commitments entered into by France,
International Labour Organization Convention No. 164 on the Protection of Health and Medical Care Des gens de mer, adopted in Geneva on 8 October 1987, will be published in the Official Journal of the French Republic.
Le The Prime Minister and the Minister for Foreign Affairs shall each have responsibility for the execution of this Decree, which shall be published in the Official Journal of the French Republic.
C O N V E N T I O N N ° 164
DE L' ORGANISATION INTERNATIONALE DU WORK CONCERNING THE PROTECTION OF HEALTH AND MEDICAL CARE OF SEA PEOPLE, ADOPTED IN GENEVA OCTOBER 8, 1987
The General Conference of the International Labour Organization,
Convened in Geneva by the Governing Council of the International Labour Office, meeting on 24 September 1987, At its seventy-fourth session;
Noting the provisions of the Convention on the Medical Examination of Seafarers, 1946; the Convention on the Housing of Crews (revised), 1949; the Convention on the Housing of Crews (Provisions Complementary), 1970; Recommendation on Flight Pharmacies, 1958; Recommendation on Medical Consultations at Sea, 1958, and the Convention and Recommendation on the Prevention of Accidents (Seafarers), 1970;
Noting the terms of the 1978 International Convention on Standards for the Training of Seafarers, the Grant of Patents and the Standby with regard to Training in Medical Relief in the Event of Accident or sickness Shipboard;
Noting that, for the success of the action taken in the field of health protection and medical care for seafarers, it is important that close cooperation be 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 of the World Health Organization, and that it is intended to continue cooperation with these organizations in the implementation of these standards;
After deciding to adopt various proposals for the protection of Health and medical care for seafarers, the fourth item on the agenda of the session;
After deciding that these proposals would take the form of an international convention,
adopted, this eighth day The following Convention, which will be called the Convention on the Protection of Health and Medical Care (seafarers), 1987.
Article 1
1. This Convention shall apply to any ship of sea, public or private property, which is registered in the territory of any Member for which the Convention is in force and which is normally assigned to maritime navigation
so far as, after consulting the representative organisations of shipowners and fishermen, the competent authority considers that this is feasible, it shall apply the provisions of this Convention to Commercial marine fisheries.
3. In case of doubt as to whether a ship is to be considered as assigned to commercial shipping or to commercial maritime fishing for the purposes of this Convention, the matter shall be settled by the competent authority After consultation with the shipowners, seamen and fishermen's organisations.
4. For the purposes of this Convention, the expressions " Seafarers " Or " Marine " Refer to persons employed, in any capacity, on board a seagoing vessel to which the Convention applies.
Article 2
This Agreement shall be given effect by way of National legislation, collective agreements, domestic regulations, arbitral awards or court decisions, or any other means appropriate to national conditions.
Article 3
Every Member must, by national legislation, provide that shipowners are responsible for ensuring that ships are kept under adequate sanitary and hygienic conditions.
Article 4
Every Member must ensure that measures for seafarers on board the protection of health and medical care are adopted. These measures shall be:
(a) To ensure the application to seafarers of any general provisions relating to the protection of health at work and to medical care of interest to seafarers, as well as any special provisions relating to the Work on board;
b) To ensure that seafarers are protected from health and medical care as comparable as possible to those generally enjoyed by workers on land;
c) Ensuring the right of seafarers to visits Without delay in ports of call, where practicable;
(d) Ensure that, in accordance with national legislation and practice, medical care and the protection of the health of mariners enrolled in the role of crew are Provided free of charge;
e) Not be limited to treating sick or injured seafarers, but also include preventive measures and pay particular attention to the development of health promotion programs and Health education, so that seafarers themselves can actively contribute to reducing the incidence of diseases that can reach them.
Article 5
1. Every ship to which this Convention applies shall have a shipboard pharmacy.
2. The contents of the on-board pharmacy and the medical equipment to be kept on board shall be prescribed by the competent authority, taking into account factors Such as type of vessel, number of persons on board and nature, destination and duration of travel.
3. In order to adopt or revise the national provisions concerning the content of the on-board pharmacy and the medical equipment to be kept on board, the competent authority must take account of international recommendations in this field, such as publishing The latest in the International Medical Guide and the List of Essential Drugs, published by the World Health Organization, as well as advances in medical knowledge and approved treatment methods.
4. The on-board pharmacy and its contents as well as the medical equipment to be kept on board shall be adequately maintained and inspected at regular intervals, not exceeding 12 months, by responsible persons designated by the authority Which will ensure control of expiration dates and conditions for the retention of all drugs.
5. The competent authority shall ensure that the contents of the on-board pharmacy are listed and labelled with the generic names in addition to the brand names, expiry dates and conditions of conservation, and Corresponds to the medical guide used nationally.
6. The competent authority shall ensure that, where a dangerous classified shipment is not included in the latest edition of the Emergency Medical Care Guide to be issued in the event of accidents due to dangerous goods, published by the Organization International maritime authorities, the captain, seafarers and other interested persons have the necessary information on the nature of the substances, the risks involved, the necessary personal protective equipment, the procedures Appropriate medical and antidotes. Specific antidotes and personal protective equipment must be on board when dangerous goods are transported.
7. In the event of an emergency and when a medicinal product which the qualified medical staff has prescribed for a sailor is not available in the on-board pharmacy, the shipowner must take all necessary measures to obtain it as soon as possible.
Article 6
1. Every ship to which this Agreement applies shall be provided with an on-board medical guide adopted by the competent authority.
2. The medical guide shall explain the use of the contents of the on-board pharmacy and shall be designed in such a way as to allow Persons other than physicians to provide care to the sick and injured on board, with or without medical consultation by radio or satellite.
3. In order to adopt or revise the on-board medical guide for use in the country, the competent authority shall take into account international recommendations in this field, including the latest edition of the International Medical Guide and the Guide to Emergency medical care for accidents due to dangerous goods.
Article 7
1. The competent authority shall ensure, by means of prior arrangements, that medical consultations by radio or satellite, including expert advice, are possible for ships at sea at any time of day or night
2. Such medical consultations, including the transmission by radio or satellite of medical messages between a ship and persons ashore giving advice, shall 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 medical consultations by radio or satellite:
(a) All ships to which this Convention applies and which are equipped with radio installations shall have on board a complete list Radio stations through which medical consultations may be obtained;
(b) All ships to which this Convention applies and which are equipped with a satellite communication system shall have to Board a complete list of coastal stations through which medical consultations can be obtained;
(c) These lists must be kept up to date and placed in the custody of the person responsible for the Communications on board.
4. Seafarers on board who request medical advice by radio or satellite must be prepared for the use of the medical device guide and the medical part of the most recent edition of the International Signals Code, published by The International Maritime Organization so that they can understand the type of information needed by the physician consulted and the advice they receive.
5. The competent authority shall ensure that doctors providing medical advice under this Article receive appropriate training and are informed of the conditions on board ships.
Article 8
1. Every ship to which this Convention applies that ships one hundred or more mariners and normally carries out international voyages of more than three days shall be among the crew members of a medical practitioner.
2. The national legislation must determine, taking into account such factors as the duration, nature and conditions of travel and the number of seafarers, which other ships must have a doctor in their crew.
Article 9
1. Every ship to which this Convention applies and which does not have a doctor on board shall have in its crew one or more persons designated to provide, among their regular duties, the burden of medical care and administration Drugs.
2. Persons responsible for medical care on board and who are not doctors must have successfully completed courses approved by the competent authority for theoretical and practical training in medical care. Such courses shall consist of:
(a) For ships of less than 1600 tons gross tonnage that can normally have access within eight hours to qualified medical care and medical equipment, in basic training that Allow interested persons immediately to take effective measures in the event of accidents or illnesses that may occur on board and make good use of medical advice by radio or satellite;
(b) For all others Ships, in medical training of a higher level, including practical training in the emergency or accident service of a hospital where feasible and training in survival techniques such as therapy Intravenous; this training shall enable interested persons to participate effectively in coordinated medical assistance programmes for ships at sea and to provide the sick and injured with a level of medical care satisfactory to the The period during which they are likely to remain on board. Where possible, such training shall be provided under the supervision of a doctor with a thorough knowledge and understanding of the medical problems of seafarers and their profession, including specialised knowledge Medical services by radio or satellite.
3. The courses referred to in this article shall be based on the contents of the latest edition of the International Medical Guide, the Emergency Medical Care Guide to be provided in the event of accidents due to dangerous goods, of the A document intended to serve as an International Maritime Training Guide, published by the International Maritime Organization, and the medical part of the International Signal Code and similar national guides.
4. Persons referred to in paragraph 2 of this Article and all other seafarers appointed by the competent authority shall take courses enabling them to maintain and increase their knowledge and Skills and keep abreast of new developments, approximately every five years.
5. All seafarers must receive during their professional marine training a preparation for immediate action in the event of an accident or other medical emergency on board.
6. In addition to the person (s) in charge of medical care on board, one or more designated crew members must be trained in basic medical care, enabling them to take immediate effective action Accidents or illnesses likely to occur on board.
Article 10
Every ship to which this Convention applies shall, where practicable, provide all medical assistance Possible to other vessels that may request it.
Article 11
1. A separate infirmary must be provided on board any ship, 500 tons or more of gross tonnage, boarding fifteen or more mariners and assigned to a voyage of more than three days. The competent authority may grant derogations from this provision in respect of vessels engaged in coastal navigation.
2. This Article shall apply, to the extent that it is reasonable and practicable, to vessels of 200 500 gross tons and tugs.
3. This Article does not apply to ships whose sail is the main means of propulsion.
4. The infirmary must be located in such a way that the access is easy, that its occupants are comfortably accommodated and that they can receive the necessary care at all times.
5. The infirmary should be designed to facilitate consultation and emergency care.
6. The entrance, berths, lighting, ventilation, heating and installation of water should be arranged in such a way as to provide comfort and facilitate the treatment of occupants.
7. The number of berths to be installed in the infirmary shall be prescribed by the competent
. The occupants of the infirmary must have, for their exclusive use, water-closets that are part of the infirmary itself or are located close to the infirmary.
9. The use of the infirmary for non-medical purposes must be prohibited.
Article 12
1. The competent authority shall adopt a model of a medical report for seafarers for the use of on-board doctors, captains or persons responsible for medical care on board as well as hospitals or doctors ashore.
2. Report shall be specially designed to facilitate the exchange of medical information and related information concerning seafarers between ship and land in the event of illness or accident.
3. The information contained in medical reports should be kept confidential and should only be used to facilitate the treatment of seafarers.
Article 13
1. Members for which the Convention is in force must cooperate with each other in order to promote the protection of seafarers' health and medical care on board ships.
2. This cooperation could be aimed at:
a) To develop and coordinate search and rescue efforts and to organise rapid medical aid and evacuation at sea, in the event of a serious illness or accident on board a ship, thanks in particular to periodic reporting systems of Position of ships, rescue coordination centres and helicopter emergency services, in accordance with the provisions of the International Convention on Maritime Search and Rescue 1979, as well as the Search and rescue manual for commercial vessels and the IMO search and rescue manual developed by the International Maritime Organization;
(b) Best use of fishing vessels with a physician and Ships stationed at sea capable of providing hospital and rescue services;
c) Develop and maintain an international list of physicians and medical facilities available around the world to provide care Emergency medical care for seafarers;
d) Unlocking seafarers in a port for emergency treatment;
e) Repatriate seafarers to foreign hospitals as soon as practicable, in accordance with medical advice from physicians Handling 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 opinion of the doctors treating the case Account of the wishes and needs of the sailor;
g) Strive to establish health centres for seafarers, who would be responsible for:
i) conducting research on the health, medical treatment and preventive health care of people Sea;
ii) train medical personnel and health personnel in marine medicine;
h) Collect and evaluate statistics on accidents at work, occupational diseases and deaths of seafarers and integrate them In the national system of statistics on accidents at work, occupational diseases and deaths covering other categories of workers, by harmonising them with this system;
i) Organising international exchanges Technical information and teaching materials and teaching staff, as well as training courses, seminars and international working groups;
j) Provide all seafarers with health services and services Medical, curative and preventive measures, especially for use in the ports or for the provision of general health and rehabilitation services;
k) Make arrangements to repatriate, as soon as it is The body or ashes of deceased seafarers, in accordance with the wishes of their closest relatives.
3. International cooperation in the field of the protection of the health and medical care of seafarers must be based on bilateral or multilateral agreements or consultations among members.
Article 14
The formal ratifications of this Agreement will be communicated to and registered by the Director General of the International Labour Office.
Article 15
1. This Convention shall only bind the members of the International Labour Organization whose ratification has been registered by the Director General.
2. It shall enter into force twelve months after the ratification by two members of the Registered by the Director General.
3. Thereafter, this agreement will enter into force for each member twelve months after the date its ratification is registered.
Article 16
1. Any member who has ratified this Convention may denounce it at the expiration 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 registered. The denunciation shall take effect only one year after being registered.
2. Any member who has ratified this Agreement which, within one year after the expiration of the ten-year period referred to in the preceding paragraph, shall not No use of the right of denunciation provided for in this Article shall be bound for a further period of ten years and thereafter may denounce this Convention at the expiration of each ten-year period under the conditions laid down in the Article.
Article 17
1. The Director General of the International Labour Office shall notify all members of the International Labour Organization of all ratifications and denunciations communicated to him by the members of the International Labour Organization. The organization.
2. By notifying the members of the organization of the second ratification which has been communicated to it, the Director-General shall call the attention of the members of the organization on the date on which the present Convention will enter into force.
Article 18
The Director-General of the International Labour Office will communicate to the Secretary-General of the United Nations, for registration, in accordance with Article 102 of the Charter of the United Nations, complete information on all ratifications and acts of denunciation which it has registered in accordance with the preceding Articles.
Article 19
Whenever it deems it necessary, the Governing Council of the International Labour Office will report to the General Conference on the application of this Convention and consider whether to include The conference agenda the question of its total or partial revision.
Article 20
1. In the event that the Conference adopts a new convention for the total or partial revision of this Convention, and unless the new Convention provides otherwise:
(a) Ratification by a member of the new Convention Revising, notwithstanding Article 16 above, the immediate termination of this Convention, provided that the new revision agreement has entered into force;
(b) From the date of entry into force of the In force of the new revision agreement, this Agreement would cease to be open for ratification by members.
2. This Convention would in any case remain in force in its form and content for the members who would have Ratified and who would not ratify the revision agreement.
Article 21
The English and French versions of the text of this agreement are equally authentic.
Done in Paris, May 11, 2005.
Jacques Chirac
By the President of the Republic:
The Prime Minister,
Jean-Pierre Raffarin
Foreign Minister,
Michel Barnier
