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Decree No 2005-512 Of 11 May 2005 On The Publication Of The Protocol Relating To The 1976 Convention On The Merchant Shipping (Minimum Standards) Of The International Labour Organization, Adopted In Geneva On 22 October 1996

Original Language Title: Décret n° 2005-512 du 11 mai 2005 portant publication du protocole relatif à la convention de 1976 sur la marine marchande (normes minima) de l'Organisation internationale du travail, adopté à Genève le 22 octobre 1996

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BUSINESS FOREIGN, INTERNATIONAL AGREEMENT, MULTILATERAL AGREEMENT, AUTHORIZATION, RATIFICATION, CONVENTION INTERNATIONAL LABOUR ORGANISATION, SEAS, SEAFARERS, MARITIME TRANSPORT, SEA SHIPPING , MARINE NAVIGATION, PORT, SEAFARER, SHIP, PROTOCOL, STANDARD MINIMA, OBSERVATION, NAVIRE MARCHAND


JORF N ° 116 of 20 May 2005 page 8756
text number 41




Decree No. 2005-512 of 11 May 2005 on the publication of the Protocol on the 1976 Convention on the Shipping (Minimum Standards) of the International Organization of the World Work, adopted in Geneva on October 22, 1996 (1)

NOR: MAEJ0530018D ELI: https://www.legifrance.gouv.fr/eli/decret/2005/5/11/MAEJ0530018D/jo/texte
Alias: https://www.legifrance.gouv.fr/eli/decret/2005/5/11/2005-512/jo/texte


The President of the Republic,
On the First Report Minister and the Minister for Foreign Affairs,
Having regard to Articles 52 to 55 of the Constitution;
Law No. 2004-146 of 16 February 2004 authorising the ratification of the International Labour Organisation Conventions No. 163 concerning the 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 and living conditions of the 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 on Convention No 147 concerning minimum standards to be observed on merchant ships;
Given the amended Decree No. 53-192 of 14 March 1953 on the ratification and publication of international commitments entered into by France,
:

Article 1


Protocol to the United Nations Convention on Shipping (Minimum Standards), 1976 Adopted in Geneva on 22 October 1996, will be published in the Official Journal of the French Republic.

Article 2


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.

Appendix


P R O T O C O L E


IN THE CONVENTION ON THE INTERNATIONAL LABOUR ORGANIZATION (MINIMA STANDARDS), 1976 ADOPTED TO GENEVA OCTOBER 22, 1996
The General Conference of the International Labour Organization,
Convened in Geneva by the Governing Council of the International Labour Office, meeting on 8 October 1996, in its Ninety-fourth session;
Noting the provisions of Article 2 of the Convention on Merchant Shipping (Minimum Standards), 1976 (hereinafter referred to as " The main convention "), which includes:
" Every Member ratifying this Convention undertakes:
(a) to enact legislation in respect of ships registered in its territory with regard to:
(i) safety standards, including those relating to the competence of The crew, the duration of the work and its staff, in order to ensure the protection of human life on board ships;
ii) an appropriate social security regime;
iii) the conditions of employment on board and the arrangements relating to life to To the extent that, in its opinion, they are not covered by collective agreements or determined by competent courts in a manner which similarly binds the shipowners and seafarers concerned,
(b) and to verify that the Provisions of such legislation equivalent, in general, to the conventions or articles of conventions referred to in the Annex to this Convention, provided that the Member is not otherwise obliged to give effect The conventions in question " ;
Noting also the provisions of Article 4 (1) of the main convention, which provides that:
" If a Member who has ratified this Agreement and in the port of which a ship makes a stopover in the ordinary course of its activity or for a reason inherent in its operation receives a complaint or proves that the ship is not in compliance The standards set out in this Convention, after entry into force, may send a report to the Government of the country in which the ship is registered, with a copy to the Director General of the International Labour Office, and Take the necessary measures to redress any situation on board which clearly constitutes a danger to safety or health " ;
Recalling the Convention on Discrimination (Employment and Occupation) 1958, Article 1 (1) of which has:
For the purposes of this Convention, the term " Discrimination " Includes:
a) any distinction, exclusion or preference based on race, colour, sex, religion, political opinion, national descent or social origin, which has the effect of destroying or altering the equality of opportunity or Employment or occupation treatment;
(b) any other distinction, exclusion or preference having the effect of destroying or altering the equality of opportunity or treatment in employment or occupation, which may be specified by The Member concerned after consulting the representative organisations of employers and workers, if any, and other appropriate bodies " ;
Recalling the entry into force on 16 November 1994 of the United Nations Convention on the Law of the Sea, 1982;
Recalling the International Convention on Standards for the Training of Seafarers, the Grant of Patents and Standby, 1978, as amended in 1995, of the International Maritime Organization;
After deciding to adopt various proposals for the partial revision of the main convention, which is the fourth item on the agenda Of the session;
After deciding that these proposals would take the form of a protocol to the main convention,
adopts, on this twenty-second day of October, nine hundred and ninety-six, the following protocol, which will be called 1996 Protocol on the Merchant Shipping Convention (Minimum Standards), 1976.


Article 1


1. Any Member ratifying this Protocol shall extend the list of conventions listed in the Annex to the Main Convention to include the conventions of Part A of the supplementary Annex and, where appropriate, those of the Conventions As set out in Part B of this Annex which it accepts in accordance with Article 3 below.
2. With regard to the Convention of Part A of the supplementary Annex which is not yet in force, this extension shall take effect only When the said Convention enters into force.


Article 2


A Member may ratify this Protocol at the same time as it ratifies the main convention, or at any time after the ratification of By communicating its formal ratification of the Protocol to the Director General of the International Labour Office for registration.


Article 3


1. Any Member ratifying this Protocol shall, where appropriate, specify in a declaration accompanying its instrument of ratification, which of the conventions listed in Part B of the Supplementary Annex it accepts
2. A Member who has not accepted all the conventions listed in Part B of the Supplementary Annex may, by a subsequent declaration communicated to the Director General of the International Labour Office, specify the other It accepts.


Article 4


1. For the purposes of applying Articles 1 (1) and (3) of this Protocol, the competent authority shall first consult the representative organisations of shipowners and seafarers.
2. The competent authority shall, as soon as practicable, make available to the representative organisations of shipowners and seafarers all information relating to ratifications, declarations and denunciations notified by the Director General of the International Labour Office in accordance with the provisions of Article 8 (1) below.


Article 5


For the purposes of this Protocol, the Convention on Repatriation of seafarers (revised), 1987, must, in the case of a Member who accepted it, be considered as a substitute for the Convention on the Repatriation of Seafarers, 1926.


Article 6


1. This Protocol shall be binding only on Members of the International Labour Organization whose ratification has been registered by the Director General of the International Labour Office.
2. This Protocol shall enter into force twelve months After the ratifications of five Members, including three whose merchant fleets each reach a gross tonnage equal to or greater than one million, will have been registered.
3. Thereafter, this Protocol shall enter into force for each Member twelve months after the date on which its ratification has been registered.


Article 7


Any Member having ratified this Protocol may To denounce at any time when the main convention is itself open to denunciation, in accordance with its Article 7, by an act communicated to and registered by the Director General of the International Labour Office. Denunciation of this protocol will take effect only one year after registration.


Article 8


1. The Director-General of the International Labour Office shall notify all Members of the International Labour Organization of the registration of all ratifications, declarations and all acts of denunciation which will be communicated to him By the Members of the Organization.
2. When the conditions set out in Article 6, paragraph 2, above have been complied with, the Director General shall draw the attention of the Members of the Organization to the date on which this Protocol Enter into force.


Article 9


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, complete information about all ratifications and acts of denunciation recorded in accordance with the preceding articles.


Article 10


Whenever it deems it necessary, the Governing Council of the International Labour Office shall submit to the General Conference a report on the application of this Protocol and shall consider whether it should be included in the agenda Conference the question of its total or partial revision.


Article 11


For the purpose of the revision of this Protocol and its closure, the provisions of Article 11 of the Convention Main shall apply mutatis mutandis.


Article 12


The English and French versions of the text of this Protocol are equally authentic.


Additional Annex
Part A


Convention (No. 133) on crew housing (complementary provisions), 1970,
and
Convention (n ° 180) on the duration of seafarers' work and ship numbers, 1996.


Part B


Convention (No. 108) on Seafarers'Identity Documents, 1958, Convention (No 135) concerning Workers' Representatives, 1971, Convention (No. 164) on health protection and medical care (seafarers), 1987.
Convention (No. 166) on the repatriation of seafarers (revised), 1987.
The above text is the authentic text of the Protocol duly adopted by the General Conference of the International Labour Organization in its The twenty-fourth session held in Geneva and declared closed on 22 October 1996.
In witness whereof their signatures have been signed, this twenty-second day of October 1996:


The Director-General
the Bureau of the Bureau
du Travail,

Michel Hansenne
Conference President,
James Hubbard


Done at Paris, May 11, 2005.


Jacques Chirac


By the President of the Republic:


The Prime Minister,

Jean-Pierre Raffarin

The Minister for Foreign Affairs,

Michel Barnier


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