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. 180 concerning the working hours of seafarers and the number of ships, No. 185 concerning the Seafarers' identity documents (revised) and the Protocol relating to Convention No 147 concerning minimum standards to be observed on merchant ships;
Given the amended Decree No. 53-192 of 14 March 1953 on ratification and Publication of international commitments entered into by France,
Décrète:
Convention No. 166 of The International Labour Organization concerning the repatriation of seafarers (revised), adopted in Geneva on 9 October 1987, will be published in the Official Journal of the French Republic.
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 ° 166
DE L' ORGANISATION INTERNATIONALE DU TRAVAIL REGARDING THE REPATRIATION OF MARINS (REVISED), ADOPTED IN GENEVA 9 OCTOBER 9, 1987
The General Conference of the International Labour Organization,
Convened in Geneva by the Governing Council of the International Labour Office, and Meeting on 24 September 1987, at its seventy-fourth session;
Noting that, since the adoption of the Convention on the Repatriation of Seafarers, 1926, and the recommendation on the repatriation of captains and apprentices, 1926, The evolution of the maritime transport industry has made it necessary to revise the Convention in order to incorporate the appropriate elements of the recommendation;
Noting, moreover, that considerable progress has been made, by the National legislation and practices, to ensure the repatriation of seafarers in different cases not covered by the Convention on the repatriation of seafarers, 1926;
Considering that, in view of the general increase in The use of foreign seafarers in the shipping industry, it would be desirable to make new arrangements, by means of a new international instrument, with regard to certain other aspects of the repatriation of seafarers;
After deciding to adopt various proposals relating to the revision of the Convention (No. 23) on the repatriation of seafarers, 1926, and the recommendation (No. 27) on the repatriation of captains and apprentices, 1926, a question which constitutes the Fifth point on the agenda of the session;
After having decided that these proposals would take the form of an international convention,
adopts, on this ninth day of October, nine hundred and ninety-seven, the following convention, which will be Convention on the Return of Sailors (Revised), 1987.
PART I
APPLICATION AND DEFINITIONS
Article 1
1. This Convention shall apply to all seagoing vessels, whether public or private, which are registered in the territory of any Member for which the Convention is in force and which are normally assigned to maritime navigation To
extent that, after consulting the representative organisations of the shipowners and fishermen, the competent authority considers that this is feasible, it must Apply the provisions of this Agreement to commercial shipping.
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 interested shipowners, sailors and fishermen.
4. For the purposes of this Convention, the term " Marine " Means any person employed, in any capacity, on board a seagoing vessel to which the agreement applies.
PART II
RIGHTS
Article 2
1. Any seafarer shall have the right to be repatriated in the following cases:
a) when a commitment for a specified period or for a specified journey expires outside Canada;
(b) at the end of the period of notice given in accordance with the provisions of the order General or individual contract of engagement;
c) in the event of illness or accident or for another medical reason that requires the return of the sailor when medically fit to travel;
d) in the event of a shipwreck;
e) When the shipowner is no longer able to fulfil his legal or contractual obligations to the sailor for reasons of bankruptcy, the sale of the ship, the change of registration, or any other similar reason;
f) when a Ships en route to a war zone, as defined by national legislation or collective agreements, where the sailor does not agree to surrender;
g) in the event of the termination or suspension of the use of the seafarer, in accordance with a An arbitral award or a collective agreement, or in the event of termination of employment for any other similar reason.
2. National legislation or collective agreements shall provide for maximum periods of embarkation to the The sailor has the right to repatriation. These durations must be less than 12 months. In fixing them, account must be taken of the factors affecting the seafarer's work environment. Every Member shall, as far as possible, endeavour to reduce these durations in accordance with the development of technology and may be guided by the recommendations of the Maritime Joint Committee on this matter.
PART III
DESTINATION
Article 3
1. Any Member for which this Convention is in force shall determine, by national law, the destinations to which the seamen may be repatriated.
2. The destinations thus determined shall include the place where The sailor has agreed to commit, the place stipulated by collective agreement, the country of residence of the seafarer or any other place agreed between the parties at the time of the undertaking. The sailor must have the right to choose the location to which he or she is to be repatriated from among the specified destinations.
PART IV
CLAIMS FOR REPATRIATION
Article 4
1. The shipowner will be responsible for organising the repatriation by appropriate and rapid means. Air transport will be the normal mode of transport.
2. Repatriation costs will be borne by the shipowner.
3. When the repatriation took place because the relevant sailor was found guilty, in accordance with national law or collective agreements, of a serious breach of the obligations of his employment, no provision of this Convention Shall not prevent the right to recover, in whole or in part, the costs of repatriation to the seafarer, in accordance with national legislation or collective
. The cost of the shipowner shall include:
a) the journey to the destination chosen for repatriation, in accordance with Article 3 above;
b) the accommodation and food of the sailor from the time he leaves the ship Until arrival at the destination of repatriation;
(c) the remuneration and allowances of the seaman from the time he leaves the ship until his arrival at the repatriation destination if this is provided for by national legislation or by Collective agreements;
d) the transport of 30 kilograms of personal luggage from the seaman to the destination of repatriation;
e) medical treatment, if necessary, pending the sailor's health status To its repatriation destination.
5. The shipowner may not require the sailor, at the beginning of his employment, to cover the costs of his repatriation, and he will not be able to recover from the sailor repatriation costs on his remuneration or other rights, except in the case of Conditions set out in paragraph 3 above.
6. National legislation shall not prevent the shipowner's right to recover from the marine employer the cost of repatriation if he is not employed by him.
Article 5
If a shipowner fails to make arrangements for the repatriation of a sailor who is entitled to or bear the cost of the ship:
(a) the competent authority of the Member in whose territory the ship is registered shall arrange for the repatriation of the sailor And bear the costs; if it fails to do so, the State from whose territory the seafarer is to be repatriated or the State of which he is a national may organise the repatriation and recover its costs from the Member in whose territory The ship is registered;
(b) the Member in whose territory the ship is registered may recover from the shipowner the costs incurred for the repatriation of the seafarer;
(c) repatriation costs shall under no circumstances be Loading of the sailor, except as provided for in paragraph 3 of Article 4, above.
PART V
OTHER PROVISIONS
Article 6
Any sailor to be repatriated shall be able to obtain Passport and other identification for repatriation.
Article 7
Time spent waiting for repatriation and duration of travel must not be deducted from paid leave The sailor has acquired.
Article 8
Repatriation shall be considered to be carried out if the sailor is landed at a destination fixed in accordance with the provisions of Article 3 above, or if the seaman Does not claim its right to repatriation within a reasonable period of time to be defined by national legislation or collective agreements.
Article 9
In so far as they are not given effect by Or in any other appropriate manner in the light of national conditions, the provisions of this Convention shall be implemented by national law.
Article 10
Every Member shall facilitate the repatriation of seafarers serving on ships calling at its ports or through its territorial or inland waters, as well as their replacement on board.
Article 11
The competent authority of each Member shall ensure, through adequate control, that the shipowner of any vessel registered in its territory complies with the provisions of the Convention and provides information In this regard at the International Labour Office.
Article 12
The text of this Convention shall be available to crew members, in an appropriate language, on all ships Registered in the territory of any Member for which it is in force.
PART VI
FINAL PROVISIONS
Article 13
This Convention revises the Convention on Repatriation of Seafarers, 1926.
Article 14
The formal ratifications of this Convention shall be communicated to the Director General of the International Labour Office and registered by him.
Article 15
1. This Convention shall only bind the Members of the International Labour Organization whose ratification has been registered by the Director General of the International Labour Office.
2. It shall enter into force twelve months after the Ratifications by two Members will have been registered by the Director-General of the International Labour
. Thereafter, this Convention shall enter into force for each Member twelve months after the date on which its ratification is registered.
Article 16
1. Any Member having ratified this Convention may denounce it at the expiration of a period of ten years after the date of the initial entry into force 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 having ratified this Convention which, within one year of 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 the registration of all ratifications and denunciations communicated to it by Members of the International Labour Organization
notifying the Members of the Organization of the second ratification which has been communicated to the Organization, the Director-General of the International Labour Office shall draw the attention of the Members of the Organization to the 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 the purposes of Registration, in accordance with Article 102 of the Charter of the United Nations, of complete information about all ratifications and acts of denunciation recorded in accordance with the foregoing Articles.
Article 19
Whenever it deems it necessary, the Governing Council of the International Labour Office will submit to the General Conference a report on the application of this Convention and Consider whether to include in the Conference agenda the question of its full 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 this Convention; This Convention 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 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.
The preceding text is The authentic text of the Convention duly adopted by the General Conference of the International Labour Organization at its seventy-fourth session, which was held in Geneva and which was declared closed on 9 October 1987
Signed, this sixteenth day of October 1987:
Director General
of the International Labour Office
,
Francis Blanchard
The President of the Conference,
Werner Dollinger
Done at Paris, May 11, 2005.
Jacques Chirac
By the President of the Republic:
The Prime Minister,
Jean-Pierre Raffarin
Foreign Minister,
Michel Barnier
