Keywords foreign, INTERNATIONAL agreement, agreement MULTILATERAL, authorization, RATIFICATION, CONVENTION, international organization, ILO, GENS DE MER, TRANSPORT MARITIME, NAVIGATION at sea, NAVIGATION MARITIME, PORT, sailor, ship, Protocol, standard MINIMA, OBSERVATION, ship merchant JORF n ° 116, May 20, 2005 page 8756 text no. 41 Decree No 2005-512 of 11 May 2005 on the publication of the Protocol to the 1976 merchant shipping convention (standards minima) of the International Labour Organization adopted at Geneva on 22 October 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 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 publication of international commitments entered into by France, enacts as follows: Article 1 the Protocol to the 1976 convention on the Merchant Shipping (minimum standards) of the International Labour Organization adopted at Geneva on 22 October 1996, 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 P R O T O C O L E relating to the CONVENTION from 1976 on shipping (minimum standards) of the International Labour Organization, adopted in Geneva on 22 October 1996 General Conference of the International Labour Organization convened at Geneva by the governing body of the international labour office, and having met on 8 October 1996 , at its eighty-fourth session;
Noting the provisions of article 2 of the Merchant Shipping (minimum standards) convention, 1976 (hereinafter 'the main convention'), which provides inter alia that: ' (each Member which ratifies this convention undertakes: has) (to enact legislation against ships registered in its territory in relation to: i) safety standards, including those relating to the competence of the crew. the duration of the work and its workforce, in order to ensure the safeguarding of human life on board ships;
(ii) an appropriate regime of social security;
((iii) the conditions of employment on board and the arrangements for life on board, insofar as, in his opinion, they are not covered by collective agreements or determined by the courts in a way that links the same way the shipowners and seafarers concerned, b) and check that the provisions of such legislation equivalent overall, to the conventions or articles of conventions to which reference is made in the annex to this convention, provided that the Member is not otherwise required to give effect to the conventions in question";
Noting also the provisions of article 4, paragraph 1, of the main convention, which provides that: "If a member which has ratified this convention and in the port where a ship is stop in the normal course of its business or for a reason inherent in its operations receives a complaint or acquires the proof that this ship is not consistent with the norms contained in the convention. after it comes into force, it can send a report to the Government of the country in which the vessel, with a copy to the Director-general of the international labour office, is registered and take the necessary measures to remedy any situation on board which clearly constitutes a danger to the health or safety";
Recalling the convention on discrimination (employment and occupation) 1958, article 1, paragraph 1, provides: "for the purposes of this convention, the term 'discrimination' (includes: has) any distinction, exclusion or preference based on race, color, sex, religion, political opinion, national extraction or social origin, which has the effect of nullifying or impairing equality of opportunity or treatment in employment or occupation;
(b) any other distinction, exclusion or preference with the effect of nullifying or impairing equality of opportunity or treatment in employment or occupation as may be specified by the Member concerned after consultation with representative organizations of employers and workers, if they exist, and other appropriate agencies";
Recalling the entry into force on 16 November 1994, of the Convention of the United Nations on the law of the sea, 1982;
Recalling the International Convention on standards of training, sea, issuing patents and Eve, 1978, as amended in 1995, the international maritime organization;
After deciding to adopt various proposals on the partial revision of the main convention, which is the fourth item on the agenda of the session;
After having determined that these proposals shall take the form of a protocol to the main convention, adopts, this twenty-second day of October one thousand nine hundred and ninety-six the Protocol below, which will be referred to as the Protocol of 1996 to the convention on the Merchant Shipping (minimum standards), 1976.
Article 1 1. Each Member which ratifies this Protocol will extend the list of conventions annexed to the main agreement to include the conventions in part A of the supplementary Appendix so that, where appropriate, those of the conventions listed in part B of this annex accepts in accordance with article 3 below.
2. as regards the convention of part A of the supplementary appendix that is not yet in force, this extension will take effect when the convention enters into force.
Article 2 a member may ratify this Protocol at the same time as it ratifies the principal convention, or at any time after the ratification, by communicating its formal ratification of the Protocol to the Director general of the international Bureau's work for the purpose of registration.
Section 3(1). Each Member which ratifies this Protocol shall, where appropriate, specify, in a declaration accompanying the instrument of ratification, which conventions listed in part B of the supplementary appendix it accepts.
2. a member which has not accepted all the conventions listed in part B of the supplementary appendix may, by a subsequent declaration communicated to the Director-general of the international labour office, specify the other conventions it accepts.
Article 4 1. For the purposes of the application of articles 1, paragraph 1, and 3 of this Protocol, the competent authority will first consult representative organizations of shipowners and seafarers.
2. the competent authority shall, as soon as practicable, provide the representative organizations of shipowners and seafarers with all information relating to the ratifications, declarations and denunciations notified by the Director general of the international labour office in accordance with the provisions of article 8, paragraph 1, below.
Article 5 for the purposes of the application of this Protocol, the convention on the repatriation of seafarers, 1987, (revised) shall, in the case of a member who accepted it, be regarded as replacing the convention on the repatriation of seamen, 1926.
Article 6 1. This Protocol shall bind the members of the International Labour Organization whose ratification will have 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 reach each a gross tonnage equal or greater than one million, are registered.
3. thereafter, this Protocol enters into force for each Member twelve months after the date where its ratification has been registered.
Article 7 any Member that has ratified this Protocol may denounce it at any time where the main convention is itself open to denunciation, in accordance with article 7, by an act communicated to the Director-general of the international labour office and by him saved. The denunciation of this Protocol will take effect a year after having been registered.
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 acts of denunciation which will be communicated by the members of the organization.
2. when the conditions set out in article 6, paragraph 2 above have been met, the Director-general will draw the attention of the members of the Organization on the date on which this Protocol enters into force.
Article 9 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 United Nations, comprehensive information about all ratifications and acts of denunciation that it will be registered in accordance with the preceding articles.
Article 10 each time that it deems necessary, the governing body of the international labour office will present to the General Conference a report on the implementation of this Protocol and to examine whether it is appropriate to include in the agenda of the Conference the question of its revision in whole or in part.
Article 11 for the purpose of the revision of this Protocol and its closure to ratification, the provisions of article 11 of the main convention shall apply mutatis mutandis.
Article 12 the French and English versions of the text of this Protocol are equally authentic.
Additional annex part A Convention the accommodation of crews (supplementary provisions), 1970 (No. 133), and Convention (No. 180) on the duration of the work of seafarers and the manning of ships, 1996.
Part B Convention on seafarers ' identity documents, 1958 (No. 108), convention (No. 135) concerning the representatives of workers, 1971, convention (No. 164) on the protection of the health and medical care (Seafarers), 1987.
Convention on the repatriation of seafarers (revised), 1987 (No. 166).
The foregoing is the authentic text of the Protocol duly adopted by the General Conference of the International Labour Organization during its eighty-fourth session which was held at Geneva and declared closed on 22 October 1996.
In witness whereof have hereunto set their signatures, this twenty-second day of October 1996: the Director general of the international labour office, Michel Hansenne President of the Conference, James Hubbard Fait in Paris, May 11, 2005.
Jacques Chirac by the President of the Republic: Prime Minister Jean-Pierre Raffarin Foreign Minister Michel Barnier