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Of The International Labour Organisation On 29 October 1976 The Convention No 147 Concerning Minimum Standards For Commercial Vessels

Original Language Title: Par Starptautiskās darba organizācijas 1976.gada 29.oktobra Konvenciju Nr.147 par minimālajām normām uz tirdzniecības kuģiem

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The Saeima has adopted and the President promulgated the following laws: The International Labour Organisation on 29 October 1976 the Convention No 147 concerning minimum standards for commercial vessels article 1. 1976. on 29 October, in signed in Geneva the International Labour Organisation Convention No 147 concerning minimum standards for commercial vessels (referred to as the Convention) and its annex (hereinafter referred to as annex) this law is adopted and approved. 2. article. The law shall enter into force on the date of its promulgation. With the law put the Convention and annex in English and their translation into Latvian language. 3. article. The Ministry of transport shall carry out the functions of the Coordinator in the implementation of the Convention. 4. article. The Convention and the annex shall thereupon enter into force of the Convention for the period specified in article 6 and in order, and on the Ministry of Foreign Affairs notified the newspaper "journal". The Parliament adopted the law of 11 June 1998. The President g. Ulmanis in Riga, 20 June 1998, 29 October 1976. International Labour Conference Convention No 147 Concerning minimum standards in merchant ships the General Conference of the International Labour Organisation, Having been convened at Geneva by the Body of the International Labour Each Office and having met in its Sixty-second Session on 13 October 1976, and Recalling the provision of the Seafarer ' engagement (Foreign Vessel) Recommendations , 1958, and of the Social conditions and Safety (Seafarer) Recommendations, 1958, and Having decided upon the adoption of certain proposals with regard to substandard vessel, particularly those registered under flags of convenienc, which is the fifth item on the agenda of the session, and Having determined that these proposals shall take the form of an international Convention, adopts this twenty-ninths day of October of the year one thousand nine hundred and seventy-six the following Convention , which may be cited as the Merchant Shipping (minimum standards) Convention, 1976: article 1 1. Except as otherwise provided in this article, this Convention applies to every sea-going ship, publicly or privately owned, whethers which is engaged in the transport of cargo or passenger for the purpose of trade or is employed for any other commercial purpose. 2. National laws or regulations shall determin when ships with to be regarded as sea-going ships for the purpose of this Convention. 3. This Convention applies to sea-going tug. 4. This Convention does not apply to: (a) ships primarily propelled by sail, whethers ut300r2u fitted or not with auxiliary engines; (b) ships engaged in fishing or in whaling or in similar pursuits; (c) small vessel and vessel such as an oil rig and drilling platform when not engaged in navigation, the decision as to which vessel with a covered by this subparagraph to be taken by the competent authority in each country in consultation with the most representative organisations of shipowner and seafarer. 5. Nothing in this Convention shall be deemed to extend the scope of the Convention is referred to in the Appendix to this Convention or of the provision of led therein. Article 2 Each Member which to this undertak-ratif Convention: (a) to have laws or regulations laying down, for ships registered in its territory: (i) safety standards, including standards of competency, hours of work and manning, so sharp to ensur the safety of life on board ship; (ii) appropriate social security measure; and (iii) the shipboard conditions of employment and shipboard living arrangements, in so far as these, in the opinion of the Member, are not covered by collective agreements or let down by competent courts in a manner equally binding on the shipowner and the seafarer concerned; and to satisfy itself that the provision of such laws and regulations are substantially equivalent to the articles of the Convention or the Convention is referred to in the Appendix to this Convention, in so far as the Member is not otherwise bound to give effect to the Convention in question; (b) exercise effective jurisdiction or control over ships which are registered in its territory in respect of: (i) safety standards, including standards of competency, hours of work and manning, prescribed by national laws or regulations; (ii) social security measure prescribed by the national laws or regulations; (iii) the shipboard conditions of employment and shipboard living arrangements for prescribed by national laws or regulations, or let down by competent courts in a manner equally binding on the shipowner and the seafarer concerned; (c) satisfy itself that the measure for the effective control of other shipboard conditions of employment and living arrangements, where it has jurisdiction, with a from effective agreed between the shipowner or their organisations and seafarer ' organisations constituted in accordanc with the substantive provision of the Freedom of Association and of the Protection of the right to organise Convention, 1948, and the right to organise and Collective Bargaining Convention , 1949; (d) to ensur that: (i) the procedure of adequat-subject to over-all supervision by the competent authority, after consultation of the tripartit amongs that authority and the representative of shipowner and seafarer organisations where appropriate exist for the engagement of a seafarer on ships registered in its territory and for the investigation of complaints arising in that connection; (ii) the procedure of adequat-subject to over-all supervision by the competent authority, after consultation of the tripartit amongs that authority and the representative of shipowner and seafarer organisations where appropriate exist for the investigation of any complaint made in connection with and, if possible, at the time of the engagement in its territory of its own nationality of the seafarer on a ship registered in a foreign country , and that such complaint as well as any complaint made in connection with and, if possible, at the time of the engagement in its territory of foreign seafarer on ships registered in a foreign country, is promptly reported by its competent authority to the competent authority of the country in which the ship is registered, with a copy to the Director-General of the International Labour Office; (e) the seafarer is employed ensur that on ships registered in its territory are properly qualified or trained for the duties for which they are engaged, due regard being had to the Vocational Training (Seafarer) Recommendations, 1970; (f) to verify by inspection or other appropriate means that ships registered in its territory comply with applicable international labour Convention in force which it has ratified, with the laws and regulations required by subparagraph (a) of this article and, as may be appropriate under national law, with applicable collective agreements; (g) to hold an official inquiry into any serious marine casualty involving ships registered in its territory, particularly those involving injury and/or loss of life, the final report of such inquiry normally to be made public. Article 3 Any Member which has ratified this Convention shall, in so far as practicabl, advise its nationals on the possible problems of signing on a ship registered in a State which has not ratified the Convention, until it is satisfied that standards equivalent to those fixed by this Convention are being applied. The measure taken by the ratifying State to this effect shall not be in contradiction with the principles of free movement of workers stipulated by the treats to which the two States concerned may be parties. Article 4 1 a Member which has ratified. If this Convention and in whose port a ship calls in the normal course of its business or for operational reasons receive a complaint or to obtain evidence that the ship does not conform to the standards of this Convention, after it has come into force, it may prepare a report addressed 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 may take a measure to rectify any condition not cessary on board which are clearly hazardous to safety or health. 2. In taking such measure, the Member shall forthwith notify the ares in the maritime, consular or diplomatic representative of the flag State and, if possible, shall have such representative present. It shall not unreasonably detain or delay the ship. 3. For the purpose of this article, "complaint" means information submitted by a member of the crew, a professional body, an association, a trade union or, generally, any person with an interest in the safety of the ship, including an interest in safety or health hazard to its crew. Article 5 1. This Convention is open to the ratification of members which: (a) the parties to the International Convention for the Safety of life at sea, 1960, or the International Convention for the Safety of life at sea, 1974, or any Convention subsequently revising these Convention; and (b) the parties to the International Convention on Load lines, 1966, or any Convention revising that Convention subsequently; and (c) the parties to, or have implemented the provision of, the regulations for Preventing Collision at sea of the 1960 's, or the Convention on the International regulations for Preventing Collision at sea, 1972, or any Convention subsequently revising these international instruments. 2. This Convention is open to the further ratification of any Member which, on ratification, they fulfil the undertak requirements to which ratification is made subject by paragraph I of this article and which are not yet satisfied. 3. The formal ratification of this Convention shall be communicated to the Director-General of the International Labour Office for registration. Article 6 1 shall be binding. this Convention only upon those members of the International Labour Organisation whose ratification will have been registered with the Director-General. 2. It shall come into force twelve months after the date on which there have been registered for ratification by at least ten members with a total share in the world gross tonnage of shipping 25 per cent. 3. Thereafter, this Convention shall come into force for any Member twelve months after the date on which its ratification has been registered. Article 7 1. A Member which has ratified this Convention may denounc it after the expiration of ten years from the date on which the Convention first comes into force, by an act communicated to the Director-General of the International Labour Office for registration. Such denunciation shall not take effect until one year after the date on which it is registered. 2. Each Member which has ratified this Convention and which does not, within the year following the expiration of the period of ten years mentioned in the preceding paragraph, exercise the right of denunciation provided for in this article, will be bound for another period of ten years and, thereafter, may denounc this Convention at the expiration of each period of ten years under the terms provided for in this article. Article 8 1. The Director-General of the International Labour Office shall notify all members of the International Labour Organisation of the registration of all ratification and denunciation communicated to him by the by the members of the Organisation. 2. When the conditions provided for in article 6, paragraph 2 have been fulfilled, above, the Director-General shall draw the attention of the members of the Organisation to the date upon which the Convention will come 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 accordanc with article 102 of the Charter of the United Nations full of all particular ratification and denunciation registered by him of ACTA in accordanc with the provision of the preceding Article. Article 10 At such times as it may consider not the cessary Each Body of the International Labour Office shall present to the General Conference a report on the working of this Convention and shall examin the desirability of placing on the agenda of the Conference the question of its revision in whole or in part. Article 11 1. Should the Conference be a new Convention revising adop this Convention in whole or in part , then, unless the new Convention otherwise provides – (a) the ratification by a Member of the new revising Convention shall ipso jure involv-the immediate denunciation of this Convention, notwithstanding the provision of article 7 above, if and when the new revising Convention shall have come into force; (b) as from the date when the new revising Convention comes into force, the Convention shall cease this to be open to ratification by the members. 2. This Convention shall in any case remain in force in its actual form and content for those members which have ratified it but have not ratified the revising Convention. Article 12 the English and French versions of the text of this Convention are equally authoritativ.
Appendix minimum age Convention, 1973 (No. 138), or the minimum age (sea) Convention (Revised), 1936 (No. 58), or the minimum age (sea) Convention, 1920 (No. 7); Shipowner ' Liability (Sick and Injured Seamen) Convention, 1936 (No. 55), or Sicknes insurance (sea) Convention, 1936 (No. 56), or Medical care and benefits Sicknes Convention, 1969 (No. 130); Medical Examination (Seafarer) Convention, 1946 (No. 73); Prevention of accidents (Seafarer) Convention, 1970 (No. 134) (articles 4 and 7); Accommodation of Crew Convention (Revised), 1949 (No. 92); Food and Catering (ships ' Crew) Convention, 1946 (No. 68) (article 5); Officers ' Competency Certificates Convention, 1936 (No. 53) (articles 3 and 4); Seamen's articles of agreement Convention, 1926 (No. 22); Repatriation of Seamen Convention, 1926 (No. 23); Freedom of Association and Protection of the right to organise Convention, 1948 (No. 87); Right to organise and Collective Bargaining Convention, 1949 (No. 98).

29 October 1976 the International Labour Organisation Convention No 147 concerning minimum standards in merchant ships to the International Labour Organisation General Conference, which has gathered in Geneva, International Labour Office, the Administrative Council, and 13 October 1976 has turned to its sixty-second session, taking into account the Recommendations of 1958 on work placements (foreign vessels) Recommendation, 1958, and for the (sailors ') social conditions and safety in deciding on the agenda of the session the fifth point in the course of the proceedings to adopt some of the proposals in respect of those vessels, working conditions do not match international norms, especially on ships registered under flags of convenience, decide to design these offerings as this International Convention, one thousand nine hundred and seventy-sixth year of the twenty-ninth day of October is adopt the following Convention, which is called the 1976 Convention on the minimum standards for commercial vessels : article 1 1. If this article is not otherwise specified, in this Convention shall apply to any seagoing ship, which is in the public or private property, which is used for the transport of goods or passengers, or for commercial purposes is used for any other commercial purposes. 2. National laws or regulations shall determine when vessels within the meaning of this Convention, be considered as seagoing vessels. 3. this Convention applies to seagoing tugs. 4. this Convention does not apply to: (a)) ships of the main driving force is the sail, regardless of whether they are or are not equipped with an auxiliary power unit; b) vessels used in fishing or in whaling or in similar pursuits,; (c)) maztonnāž vessels and vessels such as oil equipment and drilling rig when its not being used in navigation; a decision on it, ships for which this section applies, shall be adopted by each national competent authority, after consultation with the autoritatīvākaj ship owners and seafarers ' organizations. 5. Nothing in this Convention shall be deemed to extend to the Convention referred to in the annex to the Convention or the application of the provisions contained therein. Article 2 Each Member which has ratified this Convention, undertake: (a) it is) to ensure that any laws or regulations governing the ships registered in its territory: (i)), including safety standards of competence, working time and manning rules to guarantee the safety of life on board; II) appropriate social security measures; and (iii)), the working and living conditions on board a vessel, the provisions so far as they are not considered by a Member State, contained in the collective agreements or laid down by competent courts, to be equally binding on the shipowners concerned and seamen; and to make sure that this law and provisions of essentially correspond to the conventions or articles of conventions, as indicated in the annex to this Convention, to the extent that a Member State is not otherwise associated with the specified conventions; (b) the exercise of effective jurisdiction) or control over ships registered in its territory in relation to: (i) national laws or regulations) prescribed safety regulations, including with respect to the standards of competence, work time and manning; II) national laws or statutory social security measures; (iii) national laws or rules) laid down in the decisions of the competent courts or certain provisions of the working and living conditions on the ship so that they would be equally binding on the shipowners concerned and seamen; (c) there is no effective jurisdiction), to make sure that the measures are working and living conditions for effective inspection on board are agreed between shipowners or their organizations and seafarers ' organizations established in accordance with the 1948 Convention on the freedom of Association and protection of the right to organise and Convention of 1949 concerning the right to organise and to take collective negotiation; (d)) to ensure: (i)) the competent institution the general supervision-by these institutions, trilateral shipowners ' and seafarers ' representative organizations, which it is intended, over the existing-the order in which seamen are recruited to the territory registered vessels, and, in this context, in the handling of complaints; (ii)), the competent institution of a general surveillance tripartite institutions for this-at, ship owners and seafarers ' representative organisations, which it is intended, over any of the inquiry-that territory submitted by nationals in the context of recruitment and, if possible, at the time of recruitment to the foreign registered ships, and so on this complaint, as well as on any complaint that the territory submitted by foreign nationals in connection with the recruitment and If possible, work p to foreign country taking a registered ship, the competent institution of that State shall immediately notify the competent institution of the State in which the vessel is registered, a copy of the complaint sent to the International Labour Office of the Secretary-General; e) ensure to seafarers who are recruited to the Board established in its territory, would have sufficient qualifications or training for their duties, which were imposed on them, recruiting, with due regard to the recommendations of the 1970 (seaman) vocational training; f) inspection or through other appropriate means, to check how they ships registered in the territory corresponds to the existing ratificētaj and its applicable international labour conventions, laws and regulations, which are designed for this article), and if it complies with the national law-applicable collective agreements; g) make any serious marine casualty investigation official, if it related to ships registered in its territory, particularly if there are injured and/or killed; final report on the investigation is usually published. Article 3 each Member State which ratified this Convention, draws its citizens ' attention to possible problems you may encounter while working on the ship settled into established in a country which has not ratified this Convention, it is not convinced that the rules are applied, equivalent to the provisions of this Convention. Measures taken in this regard of the Convention ratified by the State, is not contrary to the principle of free movement for workers provided for in the agreement, which the parties may include the following two interested countries. Article 4 1. If the Member State which ratified this Convention and which port, normally in the course of his business or operational conditions forced the ship, enters, receives a complaint or obtains evidence that a ship does not comply with the provisions of this Convention after its entry into force, the State may prepare a report to the Government of the country in which the ship is registered, a copy of the report sent to the Director-General of the International Labour Office, and may take the necessary measures to improve conditions on board a ship any who are clearly hazardous to safety or health. 2. When taking such measures, the Member State shall immediately notify the nearest flag State maritime, consular or diplomatic representative and, where possible, to ensure such a representative present. It may not be unreasonable to detain the vessel or delay its exit to the sea. 3. for the purposes of this article, "complaint" means information provided by one of the crew, a professional body, an association, a trade union or, generally, any person who is interested in the security of the ship, including an interest in safety or health of the crew. 5. Article 1 this Convention shall be open for ratification by the Member States, which are: (a)) the parties 1960 International Convention on safety of life at sea, 1974 or the International Convention for the safety of life at sea, or any other Convention, which reviewed the said Convention; and (b)) the parties the 1966 International Convention on load mark, or any other Convention that later revised this Convention; and (c)) or apply the provisions of the 1960 prevention of collisions at sea, 1972, or the Convention on the international regulations for preventing collisions at sea, or is a party or apply any other Convention that later revised those international instruments. 2. this Convention shall be open for ratification by any Member State that, when ratifying, undertake to comply with paragraph 1 of this article the requirements provide for ratification and which have not yet been implemented. 3. the instruments of ratification of this Convention the official instrument for registration must be sent to the International Labour Office, the Director-General. 6. Article 1 this Convention shall be binding. only those International Labour Organization member States whose ratification instruments registered by the Director-General. 2. It shall enter into force twelve months after the registered in at least ten Member States ' ratification of the instruments, which together hold 25 percent of the world's merchant fleet in gross tonnage. 3. After this Convention in respect of any Member State shall enter into force twelve months from the date of its ratification instruments registered. 7. Article 1 of this Convention ratified by any Member State may denounce it after ten years from the date when it first enters into force, the Act of sending the denunciation of the registration of the International Labour Office, the Director-General. The denunciation cannot come into force until one year after the date of such registration. 2. any Member State ratified the Convention, which is one year after the previous paragraph that the ten-year deadline laid down in this article is not used the right of denunciation provided is related to future ten years and then may denounce this Convention at each ten-year period in accordance with the procedure laid down in this article. 8. Article 1. the Director-General of the International Labour Office shall notify all Member States of the International Labour Organization on all instruments of ratification and denunciation of logging, which then sent the members of the organization. s. 2. After compliance with paragraph 2 of article 6, the Director-General draws the attention of the Member States of the date on which the Convention enters into force. Article 9 the International Labour Office, the Director-General in accordance with the United Nations Charter article 102 is sent to the Secretary-General of the United Nations for registration for complete information on all the instruments of ratification and denunciation of acts he registered in accordance with the provisions of the preceding article. Article 10 in cases where the International Labour Office, the Administrative Council considers it to be necessary, it shall present to the General Conference a report on the operation of this Convention and shall decide whether the desired Conference agenda the question of the Convention include a full or partial revision. Article 11 1. If the Conference adopt a new Convention, which are entirely or partially reviewed this Convention and, if the new Convention provides otherwise, then: d: a) the new ratifications of the revised Convention of any State party, regardless of what made for article 7 of the rules means the immediate denunciation of this Convention, if and when the revised Convention enters into force; (b)) starting with the new revised the date of entry into force of the Convention, this Convention was not available to the Member States for ratification. i.2. In any case, this Convention to its current form and content, shall remain in force for the Member States which have ratified it but have not ratified the new revised Convention. Article 12 of the Convention in the English and French languages, shall be authentic.
Annex Convention for the 1973 minimum age (No. 138) or 1936 (revised) Convention on minimum age (on the sea) (No. 58), or 1920 Convention on minimum age (on the sea) (No. 7); 1936 shipowners ' liability Convention (sailors ' disease and trauma cases) (No. 55), or the 1936 Convention on sickness insurance (No. 56), or the 1969 Convention on medical assistance and sickness benefits (No. 130); 1946 Convention on medical examination (Seafarers) (No. 73); the 1970 Convention on the prevention of accidents (Seafarers) (No 134) (4 and 7); 1949 (revised) Convention for the crew rooms (No. 92); 1946 Convention on (crew of seafarers) food and nutrition (No. 68) (article 5), the 1936 Convention for the officers ' competency certificates (No. 53) (article 3 and 4); 1926 Convention on seafarers ' contracts of employment (No. 22); in 1926 the repatriation of seafarers Convention (No. 23); the 1948 Convention on the freedom of Association and protection of the rights, merger organisations (No 87); the 1949 Convention on the right to organise and collective merger pacts (No. 98).