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Decree No. 2004 - 1216 From 8 November 2004 On The Publication Of Convention No. 180 Of The International Labour Organization Concerning The Duration Of The Work Of Seafarers And The Manning Of Ships, Adopted In Geneva On 22 October 1996

Original Language Title: Décret n° 2004-1216 du 8 novembre 2004 portant publication de la convention n° 180 de l'Organisation internationale du travail concernant la durée du travail des gens de mer et les effectifs des navires, adoptée à Genève le 22 octobre 1996

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AGREEMENT, INTERNATIONAL AGREEMENT, MULTILATERAL AGREEMENT, AUTHORIZATION, RATIFICATION, CONVENTION, INTERNATIONAL ORGANIZATION OF WORK, ILO, MARITIME TRANSPORT, SEATING, SEATING, SEATING, SEATING


JORF n°268 of 18 November 2004 page 19428
text No. 20



Decree No. 2004-1216 of 8 November 2004 on the publication of the International Labour Organization Convention No. 180 on the duration of work of seafarers and the number of vessels, adopted in Geneva on 22 October 1996 (1)

NOR: MAEJ0430089D ELI: https://www.legifrance.gouv.fr/eli/decret/2004/11/8/MAEJ0430089D/jo/texte
Alias: https://www.legifrance.gouv.fr/eli/decret/2004/11/8/2004-1216/jo/texte


President of the Republic,
On the report of the Prime Minister and the Minister for Foreign Affairs,
Considering articles 52 to 55 of the Constitution;
See Act No. 2004-146 of 16 February 2004 authorizing the ratification of the International Labour Organization Convention No. 163 concerning the well-being 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 the working conditions and life of seafarers, No. 180 concerning the recruitment and placement of seafarers
In view of the amended Decree No. 53-192 of 14 March 1953 concerning the ratification and publication of the international commitments undertaken by France, decree:

Article 1


International Labour Organization (ILO) Convention No. 180 concerning the length of work of seafarers and the number of vessels, 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 are responsible for the execution of this Order, which will be published in the Official Journal of the French Republic.


C O N V E N T I O No. 1 8 0


DE L'ORGANISATION INTERNATIONALE DU TRAVAIL CONCERNANT LA DURÉE DU TRAVAIL DES GENS DE MER ET LES EFFECTIFs DES NAVIRES, ADOPTÉE À GENÈVE le 22 OCTOBRE 1996
The General Conference of the International Labour Organization,
Convened in Geneva by the Board of Directors of the International Labour Office, and met on 8 October 1996, at its eighty-fourth session;
Noting the provisions of the Convention on Merchant Marine (minimum standards), 1976, the Protocol thereto and the Convention on Labour Inspection (males), 1996;
Recalling the relevant provisions of the following instruments of the International Maritime Organization: the International Convention for the Protection of Human Life at Sea, 1974, as amended; the International Convention on Standards of Training for Seafarers, Granting of Patents and Watch, 1978, as amended in 1995; resolution A 481 (XII) (1981) of the Assembly of that organization on the principles to be observed to determine the number of personnel based on security; its resolution A 741 (18) (1993) on the International Code of Management for the Safety of Ships and Pollution Prevention (ISM Code), and resolution A 772 (18) (1993) on Force Fatigue and Safety Factors;
Recalling the entry into force, on 16 November 1994, of the United Nations Convention on the Law of the Sea, 1982;
After having decided to adopt various proposals relating to the revision of the agreement on wages, duration of work on board and staffing (revised), 1958, and the recommendation on salaries, duration of work on board and staffing, 1958, which constitutes the second item on the agenda of the session;
After deciding that these proposals would take the form of an international convention,
adopts, this twenty-second day of October, nine hundred and ninety-six, the following convention, to be referred to as the Convention on the Length of Work of Seafarers and Ships, 1996.


PART I
PAPLICATION CHAMP AND DEFINITIONS
Article 1


1. This Agreement applies to any ship of sea, public or private property, which is registered in the territory of a Member for which the Agreement is in force and which is normally assigned to commercial marine operations. For the purposes of the convention, a vessel that is registered in the territory of two Members is considered to be registered in the territory of the flag of the vessel.
2. To the extent that, after consultation with representative organizations of fishermen and fishermen, the competent authority considers that this is feasible, it will apply the provisions of the convention to commercial marine fisheries.
3. In the event of doubt as to whether a ship is to be considered for the purposes of the convention as a sea ship, or as a ship assigned to commercial marine operations or commercial marine fishing, the matter will be resolved by the competent authority after consultation with interested shipowners, sailors and fishermen's organizations.
4. The convention does not apply to traditional wooden vessels, such as dhows or jonques.


Article 2


For the purposes of this Convention:
(a) the term "competent authority" means the Minister, the Government Service or any other authority authorized to enact regulations, orders or other instructions that are binding in respect of the duration of work or hours of rest of the seafarers, or of the vessels;
(b) the term "work duration" means the time when a sailor is required to perform work for the vessel;
(c) the term "time of rest" means time that is not included in the duration of work; this expression does not include short-term interruptions;
(d) the term "sea people" or "marines" means persons defined as such by national legislation or collective agreements that are used or engaged, in any capacity, on board a sea ship to which the agreement applies;
(e) the term " shipowner" means the owner of the ship or any other entity or person, such as the shipowner or the bare hull charterer, to which the shipowner has entrusted the responsibility for the operation of the ship and who, by assuming that responsibility, has agreed to carry out all related tasks and obligations.


PART II
OF WORK AND REPOSAL OF MER GENS



Article 3


Within the limits set out in section 5, the maximum number of hours of work that will not be exceeded in a given period of time, or the minimum number of hours of rest that will be granted in a given period of time.


Article 4


Any Member who ratifies this Convention recognizes that the working standard for seafarers, as for other workers, is eight hours with one day of rest per week, plus the rest corresponding to holidays. However, nothing prevents the Member from adopting provisions to authorize or register a collective agreement that sets normal working hours for seafarers on a basis that is no less favourable than that norm.


Article 5


1. The hours of work or rest shall be determined as follows:
(a) the maximum number of hours of work shall not exceed:
(i) 14 hours per 24-hour period;
(ii) 72 hours per seven-day period,
or
(b) the minimum number of hours of rest shall not be less than:
(i) 10 hours per 24-hour period;
(ii) 77 hours per seven-day period.
2. The rest hours cannot be split in more than two periods, one of which is at least six hours long, and the interval between two consecutive rest periods must not exceed 14 hours.
3. Appeals, fire and evacuation exercises and exercises prescribed by national legislation and international instruments must be conducted in such a way as to avoid as much disruption as possible to rest periods and not to cause fatigue.
4. In situations where a sailor is in times of intertwinement, for example, when a machine room is without human presence, the mariner must have an adequate compensatory rest period if the normal duration of his rest is disrupted by calls.
5. If there is no collective agreement or arbitral award or if the competent authority decides that the provisions of the collective agreement or arbitral award are insufficient with respect to paragraphs 3 and 4 above, the competent authority shall determine the provisions to ensure sufficient rest for the sailors in question.
6. Nothing in paragraphs 1 and 2 above shall prevent the Member from adopting national legislation or a procedure allowing the competent authority to authorize or register collective agreements that provide for derogations from the established limits. These exemptions shall, to the extent possible, be in compliance with the established standards but may take into account more frequent or longer periods of leave, or the granting of compensatory leave to marine shifters or seafarers working on short-term travel vessels.
7. The Member must require that a table specifying the organization of work on board be displayed in a readily accessible location, which must indicate for each function at least:
(a) the programme of service to the sea and the port;
(b) the maximum number of hours of work or the minimum number of hours of rest prescribed by legislation, regulations or collective agreements in force in the flag State.
8. The table referred to in paragraph 7 above shall be based on a standardized model in the vessel's working languages or in the English language.


Article 6


No sailor under the age of eighteen should work at night. For the purposes of this article, the term "night" means at least nine consecutive hours, including a period between midnight and five morning hours. This provision may not apply where the effective training of young sailors between the ages of sixteen and eighteen, in accordance with established programmes and schedules, will be affected.


Article 7


1. Nothing in this agreement is intended to affect the right of the master of a ship to require a sailor to work for the immediate safety of the vessel, persons on board or cargo, or to provide relief to other vessels or persons in distress at sea.
2. In accordance with the provisions of paragraph 1, the master may suspend the normal working or rest hours and require a sailor to complete the necessary working hours until a normal situation is returned.
3. As soon as practicable after returning to a normal situation, the master must ensure that any sailor who has performed a work while at rest time according to the normal schedule has an adequate rest period.


Article 8


1. The Member shall provide that records of daily hours of work or rest of the sailors shall be maintained to ensure compliance with the provisions set out in Article 5. The mariner must receive a copy of the records concerning him that must be issued by the master, or by a person authorized by the master, as well as by the sailor.
2. The competent authority shall determine the procedures for holding these records on board, including the intervals to which the information is to be recorded. It shall establish a model for the records of working hours or rest hours of the sailors, taking into account the possible directives of the International Labour Organization or using the standard model provided by the latter. This model will be established in the language(s) provided for in Article 5, paragraph 8.
3. A copy of the relevant provisions of national legislation relating to this Agreement and a copy of the applicable collective agreements shall be retained on board and in a readily accessible place to the crew.


Article 9


The competent authority shall verify and aim, at appropriate intervals, the records provided for in Article 8 to ensure that the provisions relating to working hours and rest hours giving effect to the agreement are complied with.


Article 10


If it results from records or other established facts that the provisions relating to hours of work and hours of rest are not complied with, the competent authority must ensure that measures are taken, including, where appropriate, the revision of the vessel's workforce, in order to avoid the renewal of the offences.


PART III
EFFECTIVES OF NAVIRES
Article 11


1. Any vessel to which this agreement applies shall have a crew in sufficient number and quality to ensure safety, in accordance with the document specifying the minimum safety force, or any other equivalent document, established by the competent authority.
2. To determine, approve or revise a vessel's workforce, the competent authority shall consider:
(a) the need to avoid or restrict, to the maximum extent possible, excessive work duration, ensure sufficient rest and limit fatigue;
(b) international instruments cited in the preamble.


Article 12


No person under the age of sixteen shall work on a ship.


PART IV
RESPONSIBILITIES OF ARRANGOR AND CAPITAINE
Article 13


The shipowner must ensure, for the purpose of meeting the obligations resulting from this agreement, that the master has the necessary resources, including sufficient staffing. The master must take all necessary measures to ensure that the conditions for hours of work and hours of rest of the sailors resulting from this agreement are met.


PART V
IMPLEMENTATION
Article 14


Any Member who ratifies the agreement undertakes to apply the provisions of the agreement through national legislation, unless they are given effect by collective agreements, arbitral awards or judicial decisions.


Article 15


The Member shall:
(a) take all measures to ensure the effective implementation of the provisions of this Convention, including appropriate sanctions and corrective measures;
(b) have the appropriate inspection services to monitor the implementation of the measures taken to give effect to the Convention and to provide them with the necessary resources to that effect;
(c) After consultation with the organizations of shipowners and seafarers, establish procedures to investigate complaints of any matter covered by this Convention.


PART VI
FINAL PROVISIONS
Article 16


This Convention revises the Salary, Working on-board and Staffing Agreement (Revised), 1958, the Salary Agreement, the Working Hours on-board and the Staffing Agreement (Revised), 1949, the Salary Agreement, the Working Hours on-board and the Staffing Agreement, 1946, and the Working Hours on-board and Staff Agreement, 1936. As from the date of entry into force of this Convention, the above-mentioned conventions shall cease to be open to ratification.


Article 17


The formal ratifications of this Convention shall be communicated to the Director-General of the International Labour Office and recorded by him.


Article 18


1. This Convention 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. The convention will enter into force six months after the ratifications of five Members, including three whose merchant fleets each reach a gross tonnage equal to or greater than one million, have been registered with the Director General of the International Labour Office.
3. Subsequently, this agreement will enter into force for each Member six months after the date on which its ratification has been registered.


Article 19


1. Any Member who has ratified this Convention may denounce it at the expiry 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 registered to it. The denunciation will only take effect one year after being registered.
2. Any Member that has ratified this Convention that, within one year after the expiration of the ten-year period referred to in the preceding paragraph, shall not make use of the denunciation faculty provided for in this Article shall be bound for a further ten-year period and, thereafter, may denounce this Convention at the expiry of each ten-year period under the conditions set out in this Article.


Rule 20


1. The Director General of the International Labour Office will notify all Members of the International Labour Organization of the registration of all ratifications and denunciations that will be communicated to it by the Members of the Organization.
2. When the conditions set out in article 18, paragraph 2, above, have been met, the Director-General will draw the attention of the Members of the Organization to the date on which this Agreement will enter into force.


Article 21


The Director-General of the International Labour Office will provide the Secretary-General of the United Nations, for registration, in accordance with Article 102 of the Charter of the United Nations, with full information on all ratifications and denunciations registered in accordance with the preceding articles.


Article 22


Each time it deems necessary, the Board of Directors of the International Labour Office will present to the General Conference a report on the application of this Convention and will consider whether it is necessary to include in the agenda of the Conference the question of its total or partial revision.


Article 23


1. In the event that the Conference adopts a new Convention for the full or partial revision of this Convention, and unless the new Convention otherwise provides:
(a) the ratification by a Member of the new revision convention would entail full right, notwithstanding Article 19 above, immediate denunciation of this Convention, subject to the entry into force of the new revision convention;
(b) from the date of the entry into force of the new revision convention, this Convention would cease to be open to the ratification of Members.
2. This Convention would in any case remain in force in its form and content for those Members who have ratified it and who would not ratify the Review Convention.


Article 24


The English and French versions of the text of this Convention are equally authentic.
The above text is the authentic text of the Convention duly adopted by the General Conference of the International Labour Organization in its eighty-fourth session, held in Geneva and declared closed on 22 October 1996.
In faith of their signatures, this twenty-second day of October 1996:


Done in Paris, November 8, 2004.


Jacques Chirac


By the President of the Republic:


The Prime Minister,

Jean-Pierre Raffarin

Minister of Foreign Affairs,

Michel Barnier


Director-General

International Bureau

Labour,

Michel Hansenne

The President of the Conference,

James Hubbard


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