Regulates The Activity Of Seafarers On Board Vessels Flying The Portuguese Flag As Well As The Responsibilities Of The Portuguese State As Flag State Or Port, In Order To Comply With Mandatory Provisions Of The Convention Work

Original Language Title: Regula a atividade de marítimos a bordo de navios que arvoram bandeira portuguesa, bem como as responsabilidades do Estado português enquanto Estado de bandeira ou do porto, tendo em vista o cumprimento de disposições obrigatórias da Convenção do Trabalho

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PRESIDENCY of the COUNCIL of MINISTERS 1 Proposal of law No. 328/XII explanatory memorandum the maritime labour Convention, 2006, henceforth designated by Convention, was adopted by the International Labour Conference, in your 94.ª session (maritime), on 23 February 2006, no votes against and four abstentions. The Convention entered into force 12 months after the registration of your first 30 ratification by Member States of the International Labour Organization (ILO), which represent at least 33% of the gross tonnage of the world fleet of marine trade, which took place on 20 August 2013. States which ratify the Convention will be linked to its provisions 12 months after registration of the ratification. The Convention regulates the minimum age requirements, the medical certificate, training and qualifications for work on ships of the Navy, working conditions, such as the conclusion of the contract of employment, remuneration, duration of work or rest, annual leave, repatriation, manning security, accommodation, recreational facilities, food and table service, health protection and medical care , navigate and land, welfare and social security protection. Finally, it regulates the obligations of States, while the flag State or port State control, with a view to compliance with and the monitoring of the application of the Convention by vessels flying the flags of States that have ratified. In the case of ships of States that have not ratified the Convention, the control by port States should verify that seafarers on board enjoy treatment no less favourable than that resulting from the application of the mandatory provisions of the Convention.

PRESIDENCY of the COUNCIL of MINISTERS 2 the Convention, given the scope of the matters that replaces several dozens of ILO conventions and recommendations concerning work on board ships of the Navy. The Convention includes provisions of four types, which are grouped into two categories depending on your vinculatividade: articles on Roman numerals, rules and regulations, which are binding on the States that ratify; guiding principles, which are mere recommendations on how to implement the binding provisions. The standards and guiding principles are what the Convention means by ' code '. The Convention is intended to be a universally applicable instrument, which should be the fourth pillar of international regulation of marine trade sector, complementing key conventions of the International Maritime Organization-the International Convention for the safety of life at sea, 1974 (SOLAS), the International Convention on standards of training, certification and Watchkeeping (STCW) for seafarers , 1978 (STCW), and the International Convention for the prevention of pollution from ships, 1973 (MARPOL). Subsequently, the Council adopted decision No 2007/431/EC of 7 June 2007, which authorized Member States to ratify the maritime labour Convention, 2006, given that some parts of this Convention dealing with matters within the competence of the Union. The social partners at Community level celebrated in 2008, an agreement that incorporates the content of rules and standards on most matters of the Convention. This agreement has been implemented by Directive No. 2009/13/EC of the Council of 16 February 2009, whose transposition deadline ends one year after the entry into force of the Convention.

PRESIDENCY of the COUNCIL of MINISTERS 3 most aspects about working and living conditions on board ships of the Navy of Commerce regulated by the Convention and, for many of them, by the agreement annexed to Directive No. 2009/13/EC of the Council of 16 February 2009, is already provided for in national legislation. Such happens in particular with the medical certificate, the duration of the work or from home, compensation, vacation, manning security, accommodation, recreational facilities, food and table service, prevention of safety and health at work, accidents at work and occupational diseases, health protection and medical care and social security protection. Nevertheless, sometimes the national legislation regulates these aspects so entirely compliant with the Convention and the annex to that agreement or Policy does not apply to all seafarers working on board ships to which they apply these instruments. This national legislation comprises, in particular, the labour code, approved by law No 7/2009, of 12 February, whose standards are applicable to work on Board of trade when Navy ships are compatible with your specific character, the legal framework of the employment contract of the Navy personnel of Commerce, approved by Decree-Law No. 74/73, March 1 , as amended by decree-laws Nos. 104/89, of April 6, and 88/96, of 3 July, and by law No. 114/99, of 3 August, which however is largely abolished by the said code, as well as Decree-Law No. 145/2003, of July 2, transposing to the internal legal order the agreement annexed to Directive No. 1999/63/EC , of the Council of 21 June 1999 concerning the agreement on the organisation of working time of seafarers, concluded by the social partners at Community level. The present Bill aims to adapt national legislation to the Convention and ensure the transposition into the internal legal order of the agreement annexed to Directive No. 2009/13/EC of the Council of 16 February 2009.

PRESIDENCY of the COUNCIL of MINISTERS Of 4 provisions of this Bill, it is important to highlight the following. Since then, applies to persons who work, exclusively or predominantly, on ships flying the Portuguese flag and which are covered by the Convention, including who is bound by contract to provide service. The broad terms in which the Convention and the annexes to the Directives referred to define seafarers, as well as its provisions that distinguish employed and self-employed persons, determine the inclusion of service providers. So although most immediately applicable to maritime standards bound by an employment contract, who is bound by contract to provide service should benefit of living and working conditions applicable to employee to get compliance with the mandatory provisions of the Convention and the two Directives referred to. The minimum age for admission to work aboard is 16 years, by virtue of the Convention and the annexes to the Directives referred to. In this context, are not subject to the exceptions provided for in the labour code, approved by law No 7/2009, of 12 February, which enable the provision of work for part of a minor under the age of 16 years. The contract of employment on board ship must be concluded in writing, in duplicate, getting one for each part, and mention many elements about working conditions and protection of the health and social security, by virtue of the Convention and of the agreement annexed to Directive No. 2009/13/EC of the Council of 16 February 2009.



PRESIDENCY of the COUNCIL of MINISTERS 5 the duration of working time of seafarers is governed by two types of standards. There are ceilings on the one hand, the normal period of daily and weekly work and, on the other hand, working hours, including the additional work, which are the same as those resulting from the Convention and of the agreement annexed to Directive No. 1999/63/EC. These time limits are applicable as an alternative to minimum rest times, also regulated in the Convention and in the agreement, which does not indicate, however, responsible for choosing between following the scheme of maximum residue limits of working hours or minimum rest times. The solution contained in this draft law consists of the choice to be made by the collective or employment contract; in your absence, the shipowner. The rules laid down in this Bill regarding the duration of work or duration of the rest period, in addition to comply with the Convention, correspond to the implementation of provisions of the agreements annexed to the Directive No. 2009/13/EC of the Council of 16 February 2009, and the Directive No. 1999/63/EC, as well as the transposition of the Directive article 2012/35/EU Parliament and of the Council of 21 November 2012, amending Directive No. 2008/106/EC on the minimum level of training of seafarers, and 2013/54/EU of the European Parliament and of the Council of 20 November 2013, concerning certain responsibilities of the flag State in carrying out and implementing the maritime labour Convention, 2006.



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It is proposed that the annual leave have a duration of two and a half days in a row for each month of duration of the contract the year before, or in the case of incomplete month pro rata by virtue of the Convention and of the agreement annexed to Directive No. 1999/63/EC, amended by the agreement annexed to Directive No. 2009/13/EC of the Council of 16 February 2009. However, have in mind that the aforementioned legal framework of the contract of employment of staff of the Navy, of 1973 provides for workers included maritime transport more vacation days in some situations, which proposes that these periods continue to apply while these workers are in the service of the owner that are linked when the law resulting from the present proposal comes into force. The repatriation of the seafarer, laid down in the legal framework of the contract of employment of staff of the Navy, of 1973, to the situations of termination of the employment contract unless due to complaint by the sea, is regulated in the Convention and in the agreement annexed to Directive No. 2009/13/EC of the Council of 16 February 2009, which adds other situations in which there must be way to repatriation. It is proposed that there is room for repatriation in case of shipwreck, of refusal to travel to war zones and of suspension of the employment contract in corporate crisis, which are mentioned in the non-binding provisions of the Convention as to justify the repatriation. It is the responsibility of the shipowner to arrange and pay for the repatriation. However, if he doesn't, the Convention and the agreement annexed to Directive No. 2009/13/EC of the Council of 16 February 2009, follows that the Portuguese authority closest to the place of disembarkation must ensure the repatriation in the case of providing maritime service in Portuguese or flag ship, being foreign flag vessel in the case of Portuguese maritime and the flag State of the ship does not do so or if foreign maritime that should be repatriated from the national territory, without prejudice to the right to require the owner or the flag State the payment of expenses incurred.

PRESIDENCY of the COUNCIL of MINISTERS 7 Provides that the shipowner constitute a deposit to guarantee the payment of costs of repatriation, which is enforced by rules of the Convention and of the agreement annexed to Directive No. 2009/13/EC of the Council of 16 February 2009. In the field of health protection and medical care, the Convention and the agreement annexed to Directive No. 2009/13/EC of the Council of 16 February 2009, distinguished according to the seafarer is on board or ashore. In the first situation, the State should force the ship flying the flag if your fill in certain conditions, to have a doctor on board or, in other cases, having a qualified for the provision of medical care, administration of medications and first aid. These aspects are regulated by national legislation in terms which satisfy almost entirely international and Community regulations. With regard to medical assistance in Earth, the Convention and the agreement annexed to Directive No. 2009/13/EC of the Council of 16 February 2009, obliges the State to ensure to seafarers affects the vessels flying the flag your health protection and medical care comparable, to the extent possible, those enjoyed by workers on the ground. These international instruments require the State to still ensure to seafarers the affects ships flying any flag and its ports access to medical services in land, if in need of immediate medical assistance.



PRESIDENCY of the COUNCIL of MINISTERS 8 medical assistance in maritime land affects the vessels flying the flag of Portugal is ensured in relation to that are beneficiaries of the national health service. Benefit the Portuguese citizens, nationals of other Member States of the European Union under Community rules, or of other Member States of the European economic area or Switzerland, nationals of other countries residing in Portugal, in conditions of reciprocity, and stateless persons resident in Portugal. Nationals of other countries who are in Portugal, although it does not have residence permit or residence or work permit, since in Portugal for more than 90 days, have access, based on administrative measures, the national health service in equality with the respective beneficiaries. With respect to seafarers on board ships of the Portuguese flag that are not in any of these situations, it is proposed that have access to the institutions of the national health service, under the same conditions as those of beneficiary for purposes of health protection and medical care. Since the Convention and the annex to the Directive is silent on the payment of health care to these seafarers, it is proposed that the same be borne by the shipowner. With respect to seafarers affects the vessels flying any flag and in national ports, for the purposes of access to medical services in Earth to receive immediate medical attention, it is necessary to consider that these mariners may or may not be the beneficiaries of the national health service. If they are, this access is assured. With respect to the other, there are administrative measures that allow access to necessary health care if they are immigrants who reside in Portugal for more than 90 days. This measure is insufficient because seafarers concerned may not be immigrants and not even reside in Portugal, which proposes that seafarers affections to ships in national ports which are not beneficiaries of the national health service have access to this institution for the purpose of urgent health care.

PRESIDENCY of the COUNCIL of MINISTERS regarding the repair scheme 9 accidents at work, the Convention and the agreement annexed to Directive No. 2009/13/EC of the Council of 16 February 2009, obliges the State to ensure to seafarers affects the vessels flying the flag your various benefits that are already laid down in the Portuguese legislation. The Convention and the agreement annexed to Directive No. 2009/13/EC of the Council of 16 February 2009, obliges Member States to ensure that seafarers of your flag ships benefit from health and safety conditions at work. In Portuguese law, the general scheme of promoting safety and health at work applies to all workers, including those working on board vessels. The general scheme is complemented by legislation on specific risks, which also applies to seafarers. National legislation requires only a few adjustments to fit entirely to such international instruments, in particular the possibility of constituting seafarers safety committees in each ship with five or more seafarers. It is proposed, therefore, that, in armadoras companies, the number of seafarers ' representatives for safety and health at work is determined by ship, depending on the number of workers, with a regime identical to the subcommittees. The Convention and the agreement annexed to Directive No. 2009/13/EC of the Council of 16 February 2009, obliges Member States to require that, in your flag ships, there are procedures to resolve complaints by seafarers who claim violations of the respective provisions. Does not exist in Portuguese law regulation on the submission to the employer of complaints by seafarers. Although that absence does not prevent seafarers to lodge complaints to the respective employer, these instruments require that there is a regulation for this purpose. It is proposed, therefore, a complaint procedure regulation on board, which however shall not affect the right of the seafarer resort to judicial process or to file a complaint directly to the competent authorities.

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The Convention contains a set of obligations for Member States in order to ensure compliance with its mandatory provisions, on the one hand, as the flag State of the vessels and, on the other hand, the quality of the port State in which the foreign navies do scale. Responsibilities as a flag State vessels involve the imposition of a system of inspection and certification to ensure that the working and living conditions of seafarers on those ships affections are in accordance with the standards of the Convention. The certification system includes the maritime labour certificate, complemented by the Declaration of maritime labour compliance, or, in certain cases, an interim maritime labour certificate, certifying that the ship was inspected by the flag State and the mandatory provisions of the Convention relating to working and living conditions of seafarers are fulfilled. Since Portuguese legislation does not regulate these documents, it is proposed to your institution, forcing, in accordance with the Convention, the ships of gross tonnage equal to or greater than 500 flying the Portuguese flag and to travel between ports of different countries, from a port or between ports in another country, to have a maritime labour certificate and a declaration of maritime labour compliance , or an interim maritime labour certificate. In the case of a vessel that is not in those situations, the owner can request the issuance of maritime labour certificate and Declaration of maritime labour compliance. The proposed rules on duration, renewal, lapse and revocation of the maritime labour certificate, the content of the Declaration of maritime labour compliance and the conditions of issue and period of validity of the interim maritime labour certificate implement the mandatory provisions of the Convention. The Convention also provides that the inspection and certification system, under the responsibility of the flag State, may be provided by public institutions or recognized organizations for this purpose.

PRESIDENCY of the COUNCIL of MINISTERS 11 Currently, there are two public institutions with powers more directly related to the inspection system referred to in the Convention: the authority for working conditions, which shall have jurisdiction to monitor compliance with legal provisions, regulations and conventional respect to working conditions, in particular those relating to safety and health at work , and the management of natural resources, security and Maritime Services, which, in particular, the certification of ships and national seafarers, inspection, supervision, coordination and control of the activities of the maritime sector. The current legislation already provides for the use of ' recognised organisations ' responsible of survey and inspection of vessels flying the flag of Portugal in the part relating to maritime safety and the prevention of marine pollution. The common rules for organizations undertaking the survey and inspection of vessels included in the Community regulation. In this context, is the corresponding organic law that indicates the public institution which ensures the functions of inspection and certification of ships resulting from the Convention. The provisions of the Convention relating to responsibility of the port State predict that any vessel flying the flag of another State and that, in the normal course of your activity, do calling at a port or anchorage nationals can be inspected to verify conformity of the working and living conditions of the respective seafarers with the provisions of the Convention. The inspection shall verify compliance with the mandatory provisions of the Convention if the vessel's flag State has ratified the Convention or, if not already done, if seafarers are entitled to equal treatment or more favourable than that resulting from the application of the said provisions.



PRESIDENCY of the COUNCIL of MINISTERS since 12 common criteria for port State control inspection of foreign ships calling at ports and anchorages as well as national inspection procedures, are already defined in the legislative framework itself-in Decree-Law No. 61/2012, of 14 March, it was considered to refer to the review of this degree, which is also raised by the need to transpose the directive no 2013/38/EU of the European Parliament and of the Council of 12 August 2013, the matter concerning the port State control inspection with regard to the rules of the Convention. The Convention provides that there may be private maritime placement services. The regulatory legislation of private placement agencies prohibits the placement of jobseekers of seaman but not justified to maintain the exclusion, whose proposed revocation. Finally, it is proposed to repeal the Royal Decree approved the legal framework of the contract of employment of staff of the Navy (Decree-Law No. 74/73, on March 1, as amended by decree-laws Nos. 104/89, of April 6, and 88/96, of 3 July, and by law No. 114/99, of 3 August), as well as the diploma that transposed the agreement annexed to Directive No. 1999/63/EC on the organisation of working time of seafarers (Decree-Law No. 145/2003, of July 2). The first is largely abolished by the labour code, approved by law No 7/2009, of 12 February, whose regime applies to the said staff in so far as it is compatible with the specificity of the sector. The second concerning matters that were governed by the Convention and in part by the agreement annexed to Directive No. 2009/13/EC of the Council of 16 February 2009. The proposed repeal of these diplomas is accompanied by the incorporation of standards necessary in this Bill. The social partners were heard with seat in the Permanent Committee of Social dialogue.

PRESIDENCY of the COUNCIL of MINISTERS So 13: under d) of paragraph 1 of article 197 of the Constitution, the Government presents to the Assembly of the Republic the following Bill: title I General provisions article 1 Object and scope 1-this law regulates the activity of seafarers on board vessels flying the Portuguese flag as well as the responsibilities of the Portuguese State as flag State or port with a view to compliance with mandatory provisions of the maritime labour Convention, 2006, of the International Labour Organisation (hereinafter referred to as the Convention), and of the policies referred to in the following paragraph. 2-this law transposes, in whole or in part, for the internal legal order: a) the policy no. 1999/63/EC of 21 June 1999 concerning the agreement on the organisation of working time of seafarers concluded by the European Community shipowners ' Association (ECSA) and the Federation of transport workers ' unions in the European Union (FST); (b)) the policy no. 2009/13/EC of the Council of 16 February 2009 implementing the agreement concluded by the ECSA and the European transport workers ' Federation (ETF) on the maritime labour Convention, 2006 and amending Directive 1999/63 No./EC; c) the policy no 2012/35/EU, of Parliament and of the Council of 21 November 2012, amending Directive No. 2008/106/EC on the minimum level of training of seafarers;

PRESIDENCY of the COUNCIL of MINISTERS 14 d) policy no. 2013/54/EU of the European Parliament and of the Council of 20 November 2013, concerning certain responsibilities of the flag State in carrying out and implementation of the Convention. Article 2 Definitions 1-for the purposes of this law: (a)) ' sheltered waters ' means the waters between the baselines as defined in article 5 of law No. 34/2006, of July 28, and a line whose points are 12 nautical miles from the baselines; b) Shipowner ' means the owner of a ship or any officer, agent or charterer the bareboat, or other entity or person to whom the owner has transferred the operation of the vessel and that it has accepted the legal obligations incumbent upon the shipowner though other entities or people meet in your name; c) ' gross tonnage ' means the calculated in accordance with the provisions of annex I to the International Convention on tonnage measurement of ships, 1969, or another Convention that invoice; in relation to ships covered by the tonnage transitional provisions adopted by the International Maritime Organization, the gross tonnage is indicated under the heading ' remarks ' of the international tonnage certificate (1969); d) ' contract of work aboard ship», that by which a seafarer is obliged, upon return, paying your activity aboard ship, the other or others, in the framework of the Organization and under the authority of these; and ' Maritime '), any person employed or engaged or works in any capacity on board a ship to which this law applies;

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f) ' vessel ' means any vessel belonging to public or private entity usually affects the commercial activities, with the exception of vessel fishing or analogous activity affection, of traditional construction vessel, warship or auxiliary unit, Navy ship which navigate exclusively in inland waters or in sheltered waters or in their vicinity or in areas covered by port rules It is also concerned, for the purposes of this law, the mobile offshore drilling units and floating production units, storage and unloading flying the national flag or operating, in accordance with the national law applicable in maritime areas under the jurisdiction of the Portuguese State; g) ' Return ' means the return of the seaman to the place agreed by the parties or, in your absence, to the country of residence, country of birth or the port of recruitment, since there will be accepted, and second choice, in the circumstances provided for in this law and at the expense of the shipowner, since in accordance with the legislation governing the entry, exit, residence and expulsion of the Portuguese territory. 2-Without prejudice to the following paragraphs, do not consider themselves seafarers, in particular, the following workers: a) The port pilots, inspectors, auditors, superintendents and others whose work is not part of the routine business of the ship; b) scientists, researchers, divers and others whose work is not part of the routine business of the ship; c) artists guests, repair technicians, dock workers and other workers, whose work aboard is casual and short-term being the main workplace in your land.

PRESIDENCY of the COUNCIL of MINISTERS 16 3-for the purposes of this law, which give rise to doubts about the qualifications of a ship or of a seafarer on board are decided by the Directorate-General for natural resources, security and Maritime Services (DGRM), after consulting the national associations representative of the shipowners and of the seafarers on board, giving the fact that the Director-General of the international labour Secretariat. 4-in the decision on the questions that arise about the status of a seafarer on board, must meet the criteria set out in the resolution concerning information on occupational groups, adopted in the 94.ª session of the General Conference of the International Labour Organisation, in 2006, including the following: a) the length of stay on Board of the persons concerned; b) the frequency of periods of work spent on board; c) the location of the main offices of the person; d) the purpose of the work of the person aboard; and) the similarity of working conditions and social legislation of the persons concerned with what is provided for in the Convention. Article 3 the contract of employment on board ship to work on board ship flying the Portuguese flag shall apply the rules of this Act and in matters not regulated, the General rules of the labour code, approved by law No 7/2009, of 12 February, and the other legal provisions governing the contract of employment that are compatible with your specific character.



PRESIDENCY of the COUNCIL of MINISTERS 17 TITLE II provision of work on board ship chapter I admission to work aboard ship article 4 minimum age 1-it is prohibited to work on board ship who have less than 16 years of age. 2-the activities, the agents, processes and working conditions on board, banned the minor for being susceptible to harm to your health or safety, are those listed in the legal framework of the promotion of safety and health at work. 3-Constitutes a serious infringement of the above paragraph 1. Article 5 physical and mental Fitness of the seaman-1 can only be admitted to work on board a ship who have physical and mental fitness for the exercise of this activity. 2-physical and mental fitness shall be verified by medical examination, which must always be carried out prior to the commencement of work. 3-physical and mental fitness of registered seafarers are regulated in specific legislation. 4-the legislation referred to in the preceding paragraph shall also apply to the physical and mental fitness of the workers on board.



PRESIDENCY of the COUNCIL of MINISTERS 18 5-clinical records relating to seafarers on board are confidential, are intended solely to facilitate your treatment, and the Commander to ensure that the ship's doctor, when it exists, or the seaman responsible for medical care and pharmacologic Management transmits those to the occupational physician, which integrates the respective charts. 6-Constitute serious violations of the above provisions in paragraphs 1, 2 or 5. Article 6 1-training and skills can only work on board a ship who Possess appropriate qualifications: a) to the exercise, in particular, through the education system or vocational training; b) Has successfully completed appropriate training on personal safety on board ships. 2-training and certifications in accordance with the mandatory instruments adopted by the International Maritime Organization shall be considered in accordance with the requirements referred to in the preceding paragraph. 3-Constitutes a serious infringement of the above paragraph 1. Article 7 contract of employment on board ship 1-the contract of employment on board ship is reduced to writing and shall contain the following elements: a) the name or the name and domicile or registered place, respectively, of the seaman and the shipowner; b) the naturalness and the date of birth of seaman;

PRESIDENCY of the COUNCIL of MINISTERS 19 c) the date and place of conclusion of the contract and the date of start of production of its effects; d) the category of the sea or the summary description of the corresponding functions; and) value and the periodicity of the consideration; f) the duration of the holiday or, if it is not possible to meet this duration, the criterion for your determination; g) the conditions under which the contract may terminate, indicating, in particular: i) the period of notice on the part of the seaman, when concluded for an unlimited period; II) the periods of notice on the part of the seafarer or shipowner, when concluded the right word; III) the port of destination and, if applicable, the period of time to elapse between the arrival and the date of termination of the contract when concluded for a trip; h) benefits in terms of health protection and social security provided by the shipowner to the seaman if applicable; I) maritime law the repatriation; j) the reference to collective labour regulation instrument applies, if applicable. 2-the contract of employment must also ensure the conditions of maritime life and work on board, in accordance with the mandatory standards of the Convention. 3-the seafarer must have enough time to analyze the contract and ask them for advice on the content of your order to be properly informed about it before you sign it.

PRESIDENCY of the COUNCIL of MINISTERS 20 4-the contract of employment on board is in writing, in duplicate, getting one for each party. 5-the sea, when you find on board the vessel, must have in your power a copy of their contract of employment. 6-the shipowner must deliver to the seaman a document with your registration work on board, constituted by the ballot or similar document. 7-the owner of the vessel must inform the marine insurance policy number of accidents at work and the identification of the insurance entity. 8-Constitutes a serious violation of the above provisions in paragraphs 1, 3, 4, 6 or 7. Article 8 of contract service on board ship 1-the sea bound by contract to provide service should benefit of living and working conditions applicable to employee to get compliance with the mandatory provisions of the Convention and the Directives referred to in article 1. 2-the sea bound by contract to provide service should have in your power, when is aboard the ship, a copy of the contract or similar document issued by the shipowner. 3-the quarterback must deliver to the seaman bound by contract to provide a document proving service with the registration of your work on board. 4-The contraordenações and the corresponding sanctions relating to rules applicable to linked by maritime service agreement covering situations where the violation reports to this.

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CHAPTER II working conditions aboard ship article 9 limits of normal working period 1-the normal period of work may not exceed 8 hours per day and 48 hours per week. 2-Is made serious infringement of the provisions of the preceding paragraph. Article 10 time limits and rest 1-maritime activity is still subject, Alternatively, the maximum duration of the work or the minimum hours of rest in accordance with the following paragraphs. 2-the duration of the work, including additional work shall not exceed: a) 14 hours in each period of 24 hours; b) 72 hours in each seven-day period. 3-the seafarer is entitled to a rest period of not less than: a) 10 hours in each period of 24 hours; b) 77 hours in each seven-day period. 4-10 hours of rest may be divided into not more than two periods and period have at least 6 hours. 5-the interval between two rest periods, consecutive or interpolated, shall not exceed 14 hours.

PRESIDENCY of the COUNCIL of MINISTERS 22 6-the choice between placing of maritime activity to a system of work duration or a duration of the rest period is made by the collective or employment contract or, in your absence, the shipowner. 7-the provisions of paragraphs 2 to 5 can be removed by collective Convention which envisages, inter alia, more frequent and longer periods, compensatory rest to registered seafarers in rooms or seafarers on board vessels affects the short trips. 8-Constitutes a serious violation of the above provisions of paragraphs 2, 3, 4 or 5. Article 11 1 Pillows-is guaranteed a weekly day of rest of the seaman on board. 2-the Commander authorizes, when possible, the landing of us maritime ports of call of the ship. 3-preparing and implementing fire fighting exercises, and other evacuation prescribed by the national legislation and international rules and instruments shall as far as possible, be conducted in a manner not detrimental to the rest periods or causing fatigue in the seafarers on board. 4-in case of prevention, in particular the place of machines when it is without human presence, if the daily rest period is interrupted, the seaman shall be entitled to compensatory rest paid equivalent to hours of rest. 5-By collective Convention may establish a compensatory rest in situations referred to in paragraph 3, as well as establishing a more favourable regime for the seaman than anticipated in the previous paragraph. 6-Constitute serious violations of the above provisions of paragraphs 2, 3 or 4.

PRESIDENCY of the COUNCIL of MINISTERS 23 article 12 registration of working hours and rest 1-the shipowner must have updated records of working time, including additional work and rest times, keeping them for five years. 2-the registration referred to in the preceding paragraph shall be drawn up in the Portuguese language or in the working language or languages of the ship and in English according to the model adopted by Ordinance of the Government officials responsible for labour and areas of the sea, which will take into account the guidelines drawn up in the framework of the International Labour Organization. 3-Should be surrendered to the sea, on a monthly basis, a copy of the records which relate, initialled by the master of the ship or your representative, as well as by the sea itself. 4-the shipowner must transmit to the competent authorities, upon request, information on the records, as well as on seafarers nocturnal or providing work in rooms. 5-Constitutes a serious violation of the above provisions of paragraphs 1 or 2 above and take the breach of the provisions of paragraphs 3 or 4. Article 13 uninterrupted work in porto 1-In port, the uninterrupted work aboard ship safety and maintenance and regularity of services is ensured in rooms, and should not be less than 4 hours per day in port of call or 8 hours per day in port. 2-in the situation referred to in the preceding paragraph, the seafarer is entitled to rest of duration equal to twice the hours of work provided.

PRESIDENCY of the COUNCIL of MINISTERS 24 3-the rest referred to in the preceding paragraph must be taken after the provision of work or is just not feasible by compelling requirements of ship operation in the port at the end of the trip, or plus on a or redeemed for cash. 4-coastal vessels, the rest referred to in paragraph 2 may also be taken by agreement in any national port. 5-in the situation referred to in the second part of paragraph 3, the choice can be regulated by collective or individual agreement or Convention, in your absence, by the employer. 6-Constitute serious violations of the above provisions in paragraphs 1, 2, 3 or 4. Article 14 night work of less 1-the smallest cannot provide job on Board among the 22 hours a day and 7 hours of the next day, or period provided for in collective regulation of work of at least 9 consecutive hours covering a range between zero and 5 hours. 2-the smallest can provide night work: a) to the extent necessary for your effective training in the framework of programmes and schedules, since does not occur between the zero and the 5 hours; b) when it is necessary to prevent or remedy serious injury to the ship, due to abnormal and unforeseeable fact or circumstance is exceptionally located although predictable, whose consequences could not be avoided, provided there are no other available shipping and for a period not exceeding five working days. 3-in the situation referred to in point (b)) of the preceding paragraph, the minor has the right to an equivalent period of compensatory rest, come in three weeks.

PRESIDENCY of the COUNCIL of MINISTERS 25 4-Constitutes severe violation of the above provisions of this article. Article 15 safety or rescue ship, people or 1 load-the Commander may require the seafarer to pay the work necessary for the immediate safety of the ship, persons on board or cargo, or to provide assistance to other ships or persons in distress at sea, and the Commander, to that effect, suspend the regular rest and require that seafarers pay the hours of work necessary for the normalization of the situation. 2-the sea that has provided work, in accordance with the provisions of the preceding paragraph, during a period of rest has the right to enjoy the time off, as soon as possible. 3-the work provided pursuant to paragraph 1 does not confer, if outside working hours, the right to any payment. 4-the preceding paragraphs shall apply to life-saving exercises, sprinklers or other similar, as well as the work required by customs, quarantine or other health provisions. 5-Constitutes a serious infringement of the above paragraph 2. Article 16 cargo and supplies-1 in porto, when there are no specialised personnel on land, sea participants may exercise functions of handling and storage of loads or moving supplies off the ship. 2-the work done in the situation referred to in the preceding paragraph, during working hours, check the specific payment law regulated by the collective or employment contract.

PRESIDENCY of the COUNCIL of MINISTERS is made 26 3 serious infringement of the provisions of the preceding paragraph. Article 17 right to vacation 1-maritime vacation scheme is set out in the labour code, approved by law No 7/2009, of 12 February, without prejudice to the provisions laid down in the following paragraphs. 2-the annual holiday period lasts a minimum of two consecutive days for each month of duration of the employment contract, or proportionately in case of incomplete month. 3-unless otherwise agreed or the provisions of collective labour regulation instrument, the holidays are granted to the maritime port, at the location of the seat of the owner or at the port of recruitment, and the choice to the shipowner. 4-the registered seafarer is entitled to tickets to and from vacation spot, on behalf of the shipowner, in the choice of this mode of transport. 5-the duration of trips to and from the place of enjoyment of holidays is not included in the holiday period, unless the registered seafarer using means of transport longer than indicated by the shipowner. 6-Constitute serious violations of the above provisions of paragraphs 2 to 4. Article 18 Fouls by reason of the death of a spouse, relative or in the event of the death of a spouse, relative or into or of person in common law or in common maritime economy may exercise the option of missing upon arrival to port of call or the port or recruitment.

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Article 19 Remuneration 1-The benefits due to the seaman, the your work, win for certain periods and equal, not exceeding one month, unless the holiday and Christmas allowances. 2-consideration must, unless otherwise agreed otherwise or in case of deposit, be paid at the home port or landing. 3-the document to be delivered to the seaman until the payment of the consideration shall indicate, in addition to the elements provided for by the labour code, approved by law No 7/2009, of 12 February, the conversion rate used if payment is effected in a currency different from that agreed upon. 4-at the request of the shipowner, should make the payment of all or part of the consideration the person this designate. 5-the cost of the service referred to in the preceding paragraph, if it is charged to the seaman, must be reasonable. 6-in the situations referred to in paragraphs 3 and 4, if the payment is made in currency other than the up, the conversion should be based on the present market rate or the official rate as more favorable to the sea. 7-Is light made the violation of the provisions of paragraphs 3, 4 or 5 and constitutes a serious violation of the above provisions of the preceding paragraph.

PRESIDENCY of the COUNCIL of MINISTERS Article 28 20 1 Repatriation-the seafarer is entitled to repatriation in the following situations: a) termination of an employment contract, except in cases of termination of same by the seafarer; b) illness, accident or other nature clinical situation is undermined by your stay on board; c) Sinking; d) piracy; and suspension) of the employment contract on grounds of non-payment on time of retribution; f) Suspension of the employment contract in business crisis of the shipowner; g) refusal to travel to the war zone; h) After one or more periods of shipment that amount to 11 months and 15 days long. 2-the seaman may exercise the right referred to in the preceding paragraph upon communication to the owner or to your representative in the 10 days following the Constitution. 3-repatriation is organized by the shipowner, which supports the respective costs, and includes, in particular: a) the plane ride or another kind of fast and suitable transport to the place of destination; b) the accommodation and feeding from the landing and arriving at destination; c) the consideration to which the seaman would be entitled if he were shipped, up to your arrival at the place of destination;

PRESIDENCY of the COUNCIL of MINISTERS 29 d) transportation of 30 kg of personal baggage to the place of destination; and) medical treatment needed until the seafarer can travel to the place of destination, or that this need during the trip; f) administrative costs resulting from border control and possible escorts, in accordance with the legislation governing the entry, exit, residence and expulsion of Portuguese territory. 4-the shipowner cannot receive the sea any amount as an advance to cover the costs of repatriation, although it may require the reimbursement of the same sea when the situation that gives rise is attributable to this, as well as offset this amount with the retribution or other claims of the seaman. 5-the provisions of paragraph 3 shall not affect the right of the shipowner to require the third payment of the costs incurred with the repatriation, based on contractual provisions or in civil liability. 6-the Portuguese competent authority nearest to the place of disembarkation should organize and fund the repatriation: a) If the owner does not do, in relation to providing maritime service in Portuguese flag ship; b) If the owner or the flag State of a ship does not do in relation to Portuguese maritime, as well as the foreign maritime to be repatriated from the national territory. 7-the Portuguese State may require the payment of expenses incurred with the repatriation to the shipowner or the flag State, respectively, in the case of point (a)) or b) of the preceding paragraph.

PRESIDENCY of the COUNCIL of MINISTERS 30 8-in the situation referred to in the preceding paragraph and while the payment is not made, the DGRM may proceed to the arrest of the ships of the shipowner concerned, taking into account the applicable international instruments, or request the competent authority of another State to proceed. 9-to ensure the payment referred to in the preceding paragraph, the shipowner should form a bond in the amount equal to three months of the minimum monthly wage for each worker on board, which in total may not be less than 100 months, through deposit, bank guarantee or insurance contract in favour of the competent authority of the Ministry responsible for sea area. 10-Constitutes a serious violation of the above provisions of paragraphs 3 or 9. Article 21 1 accident and Disease-the shipowner shall ensure that the treatment, paying the respective charges, of the seaman who, being on the road, to suffer natural disease or accident that is not working and needs treatment on land outside the national territory, including essential dental care. 2-for the purposes of the preceding paragraph, the shipowner should ensure the food and accommodation to the seaman during the treatment period, the Board, on shore or waiting to be repatriated. 3-the seaman who has intentionally concealed at the time of admission to illness or injury, or when these are resulting from deliberate action, is entitled to the benefits referred to in the preceding paragraphs, and should compensate the owner of the respective cost. 4-the sea recipient of the national health service have access, under the same conditions as those of the beneficiary, that institutions for the purposes of health protection and medical care, including essential dental care.

PRESIDENCY of the COUNCIL of MINISTERS 31 5-the duties and responsibilities of the shipowner to ensure payments for health care in case of sickness or accident other than a work, under the preceding paragraph. 6-the repair scheme for accidents at work and occupational diseases in specific legislation. 7-in the event of illness or accident of the seaman on Board that makes it impossible to provide activity, the shipowner shall pay to that: a) retribution or the difference between this and the sick pay or compensation for temporary incapacity for work resulting from an accident at work or occupational disease, during the period in which the seafarer is on board or landed waiting to be repatriated; b) After the period referred to in the preceding paragraph and if the seafarer is not entitled to the allowance or compensation provided for therein, an amount equivalent to the first or not this determinable, corresponding to half of the consideration, during 16 weeks of the onset of the disease or accident. 8-the provisions of the preceding paragraph shall not apply if the accident does not constitute an accident at work, or if the illness or accident resulting from intentional act. 9-If the seafarer to perform watchkeeping suffer health problems arising from the provision of night work, checked in regular medical check-up or casual, the shipowner must, as soon as possible, transfer it to a proper day job. 10-Constitutes a serious violation of the above provisions in paragraphs 1, 2, 5 or 9 and is made very serious infringement of the provisions of paragraph 7.

PRESIDENCY of the COUNCIL of MINISTERS article 22 32 expiry of fixed-term employment contract 1-When the seaman has been hired for a period corresponding to the estimated duration of the trip, an employment contract shall lapse: the) time has needed to complete the journey, if higher than the contracted term; b) in the event of a shipwreck, completed work on the salvation of people and goods; c) in the event of an accident or force majeure as soon as the shipment has been delivered safely; d) being the vessel admitted to free circulation, anchored, tied or discharged at the port where the contract should end, unless stipulated otherwise. 2-the contract shall lapse when the facts referred to in paragraph 1 (b)) and c) of the preceding paragraph occur before the expiry of the period agreed. Article 23 benefits in case of breakdown, loss of vessel or wreck 1-the shipowner must indemnify the seaman for patrimonial damages resulting from malfunction, loss of vessel or wreck. 2-the provisions of the preceding paragraph shall be without prejudice to the compensation due in the event of termination of the employment contract and the repair of damage arising from an accident at work, resulting from the loss of vessel or wreck. 3-Constitutes a serious infringement of the above paragraph 1.

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Article 24 Payments resulting from death of 1 the maritime shipping passed his successors are entitled to respective remuneration until the last day of the month following the month in which the death has occurred. 2-If the seaman died in service, as a result of a rescue operation of the ship, his successors are entitled to respective remuneration until the end of the trip if she finishes after the period referred to in the preceding paragraph. 3-in the event of the death of the sea as a result of an accident at work or occupational disease, the shipowner shall pay the funeral expenses, in excess of the value of the subsidy granted by the social security, with the limit laid down in the repair scheme for accidents at work and occupational diseases. 4-Is made very serious infringement of the provisions of paragraphs 1 or 2 above and serious infringement of the provisions of the preceding paragraph. Article 25 goods guard left on Board 1-the owner must keep the property left on board by sick, injured or deceased seafarer and ensure delivery to your own or to their families. 2-Is made serious infringement of the provisions of the preceding paragraph. Article 26 complaints Procedure on Board 1-the seaman may submit, to the person in charge who depend on directly, oral or written, regarding any occurrence that violates mandatory provisions of the laws relating to matters provided for in the Convention, during the occurrence or within five continuous days of your term.

PRESIDENCY of the COUNCIL of MINISTERS 34 2-responsible maritime direct must decide the question object of the complaint, if you have power to the effect, or forward it immediately to the responsible competent. 3-the decision on the complaint should be communicated to the sea within five days, solid and responsible extend it for another three days, if the complexity of the matter so requires, and in this case inform the seafarer before the expiry of the original time. 4-If, within the time limit referred to in the preceding paragraph, there is no answer or this is not satisfactory, the seafarer may, within five days, submit the grievance to the commanding officer, specifying, where appropriate, the reason for your dissatisfaction. 5-is applicable to the decision of the Commander the provisions of paragraph 3. 6-If the complaint is not resolved on board, the seafarer may refer it to the owner, which has a period of 15 calendar days to decide, and may, if necessary, consult the seaman concerned or your representative. 7-the preceding paragraphs shall not affect the right of the seafarer to complain directly to the master or, by reason of the matter, to the authority responsible for certification of ships and national seafarers or service responsible inspetiva the Ministry responsible for labour area. 8-the seaman may request another with appropriate knowledge is confidential and impartial advice on Board about the complaint procedures that can draw on. 9-the seafarer has the right to be assisted or represented by another of your choice which is aboard the same ship in any act related to the complaint procedure.

PRESIDENCY of the COUNCIL of MINISTERS 35 10-the shipowner must deliver to the seaman at the time of conclusion of the contract or at the time of entry into force of this Act, a document describing the complaint procedures on board the ship and provide the contact details of the competent authorities, as well as, if applicable, the name of the workers who can provide advice under paragraph 8. 11-complaints and the respective decisions should be recorded, and posted a copy of the same to the seaman concerned. 12-is prohibited any form of reprisal or unfavourable treatment to the employee who has presented a grievance. 13-Is made serious, attributable to the shipowner, the violation of the provisions of paragraphs 2, 9 or 12 and is made easy, attributable to the shipowner, the violation of the provisions of paragraphs 3, 10 or 11. Article 27 documents available on Board 1-aboard vessel flying the Portuguese flag should be available copies of employment contracts and service contracts of people hired to work aboard, as well as of the present law, the Convention of collective work regulatory instruments applicable to first and the agreement concluded by ECSA and ETF concerning the Convention and the annex to Directive no 2009/13/EC of the Council of 16 February 2009. 2-must also be available in English language translations of contracts referred to in paragraph 1, of the rules of this law relating to repatriation, the rules of collective regulation of work that may be subject to inspection by the competent authority of the port in which the ship make scale and the agreement concluded by ECSA and ETF referred to in the preceding paragraph, for consultation of the authority and of the persons working on board , including the Commander.

PRESIDENCY of the COUNCIL of MINISTERS 36 3-the provisions of the preceding paragraph shall not apply to vessel flying the Portuguese flag and that only perform domestic voyages. 4-the shipowner of the ship referred to in paragraph 1 of article 33, which flies the Portuguese flag, shall keep on board the maritime labour certificate valid and, in annex, the Declaration of maritime labour compliance, or the interim maritime labour certificate valid, as well as post them in a clearly visible place. 5-the shipowner must provide copy of the documents referred to in the preceding paragraph, as well as the respective English language translation, if the ship make voyages between ports of different countries, to the competent authorities, to seafarers and national associations representing the shipowners and seafarers who so request. 6-Constitute serious violations of the above provisions in paragraphs 1, 2, 4 or 5. Article 28 Posting of documents 1-must be posted in a place accessible from the ship: a) the scale of service to navigate or port; b) maximum hours of work or the minimum hours of rest required by national legislation or by collective work Convention applicable. 2-the information referred to in the preceding paragraph shall be made in the Portuguese and English languages, according to the model approved by order of the Government officials responsible for labour and sea areas. 3-may be excepted from posting of the documents provided for in the preceding paragraphs vessels, for its characteristics, not enable such posting, and the shipowner to ensure that documents are available on board. 4-Is light made the violation of the provisions of this article.

PRESIDENCY of the COUNCIL of MINISTERS Article 37 29 compliance with the Convention by recruitment and placement services shipowners shall ensure, to the extent possible, that the recruitment and placement services, whether public or private, established in States which have not ratified the Convention, whose services they use for recruitment and placement of seafarers on board ships of Portuguese flag, comply with the provisions of the said Convention. TITLE III chapter I State responsibilities responsibilities as flag State compliance with article 30 of the Convention on ship flying the Portuguese flag 1-compliance with the obligations arising from legislation on matters provided for in the Convention, on vessel flying the Portuguese flag, is ensured through a system of inspection and certification of maritime labour conditions. 2-the inspection and certification system referred to in the preceding paragraph are ensured by the authority responsible for certification of ships and national seafarers. 3-inspection and certification, when they are not carried out directly by the authority referred to in the preceding paragraph, may be performed by recognized organizations, previously authorized by the authority in accordance with the following paragraphs, leaving the authority to keep the full responsibility for the inspection of living and working conditions of seafarers on board ships flying the national flag.

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4-the recognised organisations referred to in the preceding paragraph must: a) be qualified as recognised organisations, in accordance with Regulation (EC) No 391/2009 of the European Parliament and of the Council of 23 April 2009 on common rules of organisations survey and inspection of ships; b) Possess competence and independence to carry out inspection and certification activities, namely: (i)) technical skills and adequate knowledge about the operation of the ships, including the minimum conditions necessary for work on board fishing vessels, the conditions of employment, accommodation, recreational facilities, food and table service, accident prevention, health protection , medical care, welfare and social security protection; II) adequate knowledge about the legislation referred to in paragraph 1; c) Be authorised for that purpose by the authority responsible for certification of ships and national seafarers, by written agreement. 5-the authorisation referred to in point (c)) of the previous paragraph, as well as the organization recognized and authorized, shall apply the provisions of articles 7 to 10, 12, 13, paragraphs 2 to 5 of article 14 and subparagraphs (a) (d)) f) of paragraph 1 and paragraphs 2 to 7 of article 15 of Decree-Law No. 13/2012 , January 20, mutatis mutandis. 6-Is made punishable in accordance with the chapeau of paragraph 1 of article 15 of Decree-Law No. 13/2012, of January 20, conducting inspections or to issue certificates for unrecognized organization, or unauthorized use to the effect, or whose authorization is suspended.

PRESIDENCY of the COUNCIL of MINISTERS 39 7-authorisation issued to recognised organisations referred to in paragraph 3 shall, with regard to inspection, cover at least the power to require the correction of deficiencies relating to working and living conditions of seafarers that have featured and perform inspections on these matters at the request of the competent authority of the port in which the ship do scale. 8-the authority responsible for certification of ships and national seafarers should inform the International Bureau of the identification of the recognised organisations and authorised, the type and scope of the respective authorisation and any changes that occur. Article 31 1 Inspections-the staff of the authority responsible for certification of ships and national seafarers and of recognized organizations and authorized can, in the exercise of inspection functions: a) aboard vessels flying the Portuguese flag; b) carry out examinations, tests or surveys that it deems necessary to verify that the legislation implementing the Convention are respected; c) Require the correction of deficiencies; d) in the case of serious infringement of the provisions of the legislation referred to in point (b)) or serious risk to the safety or health of seafarers on board, carry out the necessary steps to prevent the departure of the ship, until appropriate measures are taken to correct the situation;



PRESIDENCY of the COUNCIL of MINISTERS and 40) When there is no manifest infringement of the provisions referred to in point (b)) to jeopardize the safety or health of seafarers on board, or a history of similar violations, provide information, technical advice or recommendations in time to promote the application of sanctions. 2-the recognised organisations shall cooperate with the administrations of port State control is always a Portuguese flag for them, in particular in order to facilitate the rectification of deficiencies detected in relation to living and working conditions of seafarers. 3-In case of any complaint which is not manifestly unfounded, or going on proof that a ship flying the flag of Portugal does not comply with the provisions of the legislation implementing the Convention, or that presents serious flaws in the implementation of the measures set out in the Declaration of maritime labour compliance, the competent authority or, at its request, the organization recognized and authorized must investigate the matter and ensure that action is taken to address the deficiencies noted. 4-the personnel referred to in paragraph 1 shall preserve the confidentiality of the source of any complaint, claim or complaint about dangers or deficiencies that may compromise the working and living conditions of seafarers on board, or violation of the legislation referred to in point (b)) of paragraph 1. 5-the staff referred to in paragraph 1 cannot be assigned tasks by number or of such nature that are likely to undermine the effectiveness of inspection or your authority or impartiality vis-à-vis shipowners, seafarers or other interested. 6-the personnel referred to in paragraph 1 must: a) Have appropriate training; b) does not have any interests, direct or indirect, in the activities inspected;

PRESIDENCY of the COUNCIL of MINISTERS 41 c) Keep professional secrecy, even after leaving the service, and may not reveal manufacturing secrets or trade processes, or information of a personal nature that have knowledge by virtue of their duties. 7-the personnel referred to in paragraph 1 shall draw up inspection report, referring to the master copy, in English and in Portuguese, when this is the working language of the ship, as well as the representatives of seafarers that request it. 8-the recognised organisation must send to the authority responsible for certification of ships and national seafarers a copy of the inspection report drawn up by your staff. 9-the commander must post a copy of the report in the language or languages in which the receive in accessible location of the ship. 10-the authority responsible for certification of ships and national seafarers shall keep records of the inspections carried out and advertise in the first half of each year, the inspetiva activity report for the previous year. 11-surveys and inspections should be conducted with diligence and in such a way that the ship is detained or held in so far as is strictly necessary. 12-Is made serious, attributable to the organization recognized and authorized, the violation of the provisions of paragraphs 2 and 5, in the second part of paragraph 7 and in paragraph 11, and is made easy, attributable to the shipowner, the violation of the provisions of paragraph 9. Article 32 the Record results of inspections 1-the shipowner should: PRESIDENCY of the COUNCIL of MINISTERS the 42) Retain the record of the results of inspections and other subsequent checks of important anomalies observed, the dates on which your correction, as well as the English translation if your make voyages between ports of different countries, attached to the Declaration of maritime labour compliance; b) allow consultation of competent authorities, registration to seafarers, the unions that represent them and employers ' representative associations of shipowners. 2-Constitutes a serious violation of the above provisions of this article. Article 33 maritime labour certificate and Declaration of maritime labour compliance 1-vessels of gross tonnage less than 500 flying the Portuguese flag and to travel between ports of different countries, or that operate from a port or between ports in another country must have a maritime labour certificate and a declaration of maritime labour compliance , or an interim maritime labour certificate pursuant to this chapter. 2-the owner of a ship shall not covered by the preceding paragraph flying the Portuguese flag may request the issuance of maritime labour certificate and Declaration of maritime labour compliance, or the interim maritime labour certificate pursuant to this chapter.



PRESIDENCY of the COUNCIL of MINISTERS article 34 43 requirements and issue of the certificate and Declaration 1-the issue of the maritime labour certificate and Declaration of maritime labour compliance, as well as the renovation of the first, depend on the verification, through to the ship inspection, compliance with the regulatory standards of the following subjects: the) minimum age; b) medical Certificates; c) seafarers ' Qualifications; d) contracts of employment on board; and the private services Resource) recruitment and placement of seafarers on board; f) duration of work or hours of rest; g) Capacity of the vessel; h) Accommodation; I) wellness facilities on board; j) food and table service; k) health, safety and accident prevention; l) medical care on board; m) complaint procedure on board; n) payment of compensation.

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2 – for maritime labour certificate should be made during the period of validity of the interim maritime labour certificate and is subject to the provisions of the preceding paragraph. 3-the Declaration of maritime labour compliance shall include: a) A part I, that indicates the points that must be inspected in accordance with paragraph 1, the provisions of national legislation to implement the mandatory provisions of the Convention, relating to such points, and, where appropriate, the standards of national legislation relating to certain categories of vessels; b) part II, indicating the measures imposed by the shipowner to ensure compliance with the rules of national law standing referred to in the preceding paragraph in the periods between inspections, as well as to promote the continuous improvement of living and working conditions on board. 4-the competent authority for the certification of ships and national seafarers or, where appropriate, the recognised organisations and so authorised: a) Effect, vessels inspections referred to in paragraph 1; b) Emit the maritime labour certificate and the interim maritime labour certificate and renew the first; c) Send the part I of the Declaration of maritime labour compliance and certify part II, after your filling by the shipowner. 5-the certificate templates and the Declaration referred to in the preceding paragraphs are set out in annexes I to III to this Act, which shall form an integral part. 6-the authority responsible for certification of ships and national seafarers maintains the public register of the certificates and statements issued and of the vessels to which they relate.

PRESIDENCY of the COUNCIL of MINISTERS article 35 45 1 certificate validity-the maritime labour certificate is valid for a period of five years, without prejudice to the next paragraph. 2-the validity of the maritime labour certificate depends on the carrying out of an inspection of the vessel, to be held between the second and the third anniversary of the date of the certificate, on the matters referred to in paragraph 1 of the preceding article, with favorable outcome. 3-the result of the inspection referred to in the preceding paragraph shall be recorded on the certificate. 4-anniversary date of the certificate the day and month of each year corresponding to the date of validity of the maritime labour certificate. Article 36 Renewal, lapse and revocation 1-maritime labour certificate renewal depends on inspection with favorable outcome. 2-the period of validity of the new certificate begins on the date of inspection and ends five years after: a) the term of validity of the previous period, if the inspection is performed during the last three months of that; b) if the inspection is performed before the last three months of validity of the previous period. 3-the maritime labour certificate shall lapse: a) if not implemented the inspection referred to in paragraph 2 of the preceding article;

PRESIDENCY of the COUNCIL of MINISTERS 46 b) if not recorded the favorable outcome of the said inspection in accordance with paragraph 3 of the preceding article; c) the ship ceases to be of Portuguese flag; d) If the shipowner cease the operation of the ship; and if there are significant modifications) structure or equipment of a ship concerning accommodation, leisure, food and tableware, that would be grounds for not issuing the certificate. 4-in the situation referred to in (c)), d) or e) of the preceding paragraph the issuance of new certificate depends on a thorough inspection with favorable outcome, to be carried out pursuant to article 38. 5-the competent authority or, where appropriate, an organisation recognised in accordance with paragraph 4 of article 30 must revoke the maritime labour certificate when the shipowner of the ship no longer respect so serious and reiterated the requirements of the respective issue and do not take any corrective measure. 6-If the ship no longer fly the Portuguese flag, the competent authority shall, as soon as possible, send copies of the maritime labour certificate and Declaration of maritime labour compliance relating to the ship to the new flag's State counterpart, since this has ratified the Convention. Article 37 provisional maritime labour Certificate 1-interim certificate may be issued to maritime work, with a validity period of six months non-renewable, in the following situations: a) on delivery of a new ship to the shipowner; (b)) When the ship change to the Portuguese flag; c) When a shipowner for the first time assume the operation of a ship.

PRESIDENCY of the COUNCIL of MINISTERS 47 2-the provisional certificate of maritime labour is issued after an inspection of the vessel to verify, to the extent possible, the requirements relating to working and living conditions provided for in paragraph 1 of article 34 and taking into account: the proof on the part of the) owner of the ship to apply the appropriate procedures to ensure compliance with the regulatory standards of substances to which the certificate relates; b) knowledge on the part of the Commander of the regulatory standards of substances to which the certificate relates and of his duties taking into account the respective application; (c)) the information submitted to the competent authority for the issue of the Declaration of maritime labour compliance. 3-During the validity period of the provisional certificate is not required the Declaration of maritime labour compliance. 4-the provisional licence shall apply subparagraphs (a) (c)), d) and (e)) of paragraph 3 and paragraph 4 of the preceding article. CHAPTER II port State Responsibilities article 38 inspection of foreign-flag ships 1-Any ship flying foreign flag and is in a port or anchorage in the normal course of your national activity or for reasons inherent in your exploration can be inspected by DGRM to check: the flying ship) the flag of a State which has ratified the Convention , compliance with the mandatory provisions, in particular those relating to conditions of life and work on board;

PRESIDENCY of the COUNCIL of MINISTERS 48 b) ship flying the flag of a State which has not ratified the Convention, if the respective seafarers receive equal treatment or more favourable than that resulting from the application of the mandatory provisions of the said Convention. 2-in the case of a vessel flying the flag of a State which has ratified the Convention, the inspection referred to in the preceding paragraph consists in verifying the regularity of the maritime labour certificate and Declaration of maritime labour compliance, which attest to, subject to proof to the contrary, compliance with the mandatory provisions of the said Convention, except in cases where a more detailed inspection is required. 3-the criteria for inspection by the port State control of vessels flying a foreign flag, as well as the procedure of inspection, arrest and judicial review are set out in Decree-Law No. 27/2015, of 6 February. TITLE IV supplementary provisions, transitional and final provisions article 39 health urgent care 1-the sea recipient of the national health service, affection to ship which is in porto nacional, has access to that service institutions for the purpose of urgent health care. 2-it is incumbent upon the shipowner to ensure health care payments provided under the preceding paragraph.

PRESIDENCY of the COUNCIL of MINISTERS 49 article 40 1-welfare facilities Should be encouraged to set up health facilities in ports considered relevant, accessible to all seafarers, without discrimination, regardless of the flag State of the vessel, preceded by consultation with national associations representing the shipowners and seafarers. 2-the facilities referred to in the preceding paragraph shall be examined regularly in order to promote your adaptation taking into account the changing needs of seafarers, with the participation of representatives of seafarers and of public and private entities responsible for your operation. Article 41 arrest of ship at the request of another State at the request of the competent authority of another State which has ratified the Convention, or that is a member of the European Union, to the arrest of a DGRM ship until they are paid the expenses incurred with the repatriation, effected by that State, of the affection that maritime ship. Article 42 fees and reimbursement of expenses 1-are subject to payment of the following acts: the fee) inspection of vessels flying the Portuguese flag for the maritime labour certificate, your maintenance expiration or renewal; b) issue and renewal of maritime labour certificate; c) issue of the provisional licence of maritime work;

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d) issue of part I and part II certification of the Declaration of maritime labour compliance. 2-the rates referred to in the preceding paragraph shall be fixed by order of the members of the Government responsible for the areas of finance and the sea. 3-expenses related to the arrest of ship, in the situations provided for in this law, are borne by the owner or representative in your national territory. 4-the product of the rates revert to the entity which practises the corresponding Act. 5-the amount corresponding to the reimbursement of the costs referred to in paragraph 3 reverts to the entity that made. Corporate Responsibility-article 43 1 the general scheme of liability for administrative offences provided for in articles 548.º to 566.º of the labour code, approved by law No 7/2009, of 12 February, applies to offences arising from the violation of this law, without prejudice to the powers legally conferred, in the autonomous regions, the respective organs and regional services. 2-contraordenações provided for in this law shall apply the procedural scheme applicable to labour and social security contraordenações, approved by law No. 107/2009, of September 14, as amended by law No. 63/2013, of 27 August. 3-whenever the DGRM, in the development of their certification and inspection functions, verify evidence of unlawful practice contraordenacionais, refers to the Authority for working conditions auto news.



PRESIDENCY of the COUNCIL of MINISTERS 51 article 44 duration of vacation 1-legal regime regulations annexed to Decree-Law No. 74/73, on March 1, as amended by decree-laws Nos. 104/89, of April 6, and 88/96, of 3 July, and by law No. 114/99, of 3 August, governing periods of holidays of length higher than that provided for in paragraph 2 of article 17 , continue to apply to registered seafarers while the shipowner to which are bound on the date of entry into force of this law. 2-Is made serious infringement of the provisions of the preceding paragraph. Article 45 autonomous regions this law is applicable to autonomous regions, without prejudice to the powers legally assigned to the respective organs and regional services. Article 46 amendment to Decree-Law No. 274/95, of 23 October article 7 of Decree-Law No. 274/95, of 23 October, amended by law No. 133/99, of 3 August, shall be replaced by the following: ' article 7 provision of medical care 1-the ship with at least 100 people on board and that effect usually travel more than three days must have a doctor on board in charge of medical care.

PRESIDENCY of the COUNCIL of MINISTERS 52 2-the remaining vessels must have at least one suitably qualified maritime responsible for provision of medical care and administration of medicines, or for the provision of first aid. 3-maritime qualification referred to in the preceding paragraph must be obtained through training which complies with the provisions of the International Convention on standards of training, certification and Watchkeeping for seafarers, 1978 (STCW), as well as taking into account the duration and conditions of travel and the number of people on board. 4-the qualification of recreational authorized browsers, in accordance with article 8 of the Regulation of the vessels used on Maritime Activity-tourism, approved by Decree-Law No. 149/2014, October 10, to integrate security, Manning on healthcare and administration of medicinal products and in the provision of first aid, is regulated by Ordinance adopted by the members of the Government responsible for the areas of the sea , health and tourism.» Article 47 amendment to Decree-Law No. 260/2009, of September 25 articles 23, 24, 28 and 29 of Decree-Law No. 260/2009, of September 25, as amended by law No. 5/2014, of 12 February, are replaced by the following: ' article 23 [...] 1 - […]: a) […]; b) […]; c) […];

PRESIDENCY Of The COUNCIL Of MINISTERS 53 d) [...]; e) […]; f) ensure compulsory free services provided to the job seeker is not charging him, directly or indirectly, any amounts in cash or in kind, including, in the case of seafarers, the visa costs necessary for the provision of work, which should be borne by the shipowner; g) […]; h) in the case of recruitment and placement of seafarers, check that they are in possession of the qualification and professional certification required and that contracts correspond to applicable legislation and collective agreements. 2-Notwithstanding the provisions of subparagraph (f)) of the preceding paragraph, it is the Mariners take the costs derived from obtaining the medical certificate, professional certificates or other documentation necessary for the exercise of the activity on board. 3-the agencies whose main object is the recruitment and placement of seafarers should implement a quality management system. 4-Is made very serious violation of subparagraphs (a) (b)) and g) of paragraph 1, punishable by a fine of € 2800 to 6000 € or € 12 000, depending on whether it is an individual or collective person. 5-[previous paragraph 3]. 6-[previous paragraph 4].

PRESIDENCY of the COUNCIL of MINISTERS article 24 54 [...] 1-[...]. 2-the Agency must still communicate via electronics, to the relevant Department for Consular Affairs and Portuguese communities of the Ministry in charge of Foreign Affairs, in the case of placement abroad, at least 15 days before departure from the national territory, with the necessary adjustments in case of placement of seafarers: a) [...]; b) […]; c) […]; d) […]. 3 - […]. 4-the Agency should beware that the third-country national citizen job applicant in national territory, with the exception of the seaman, is holder of the title of residence permit in Portugal, or other evidence that enables the exercise of labour activity, as defined in the applicable legislation. 5-the Agency to carry out the recruitment and placement of seafarers on board must:) Constitute a safe, regulate by Ordinance of the Government officials responsible for the areas of finance and labour, to ensure the payment of compensation for patrimonial damage caused to seafarers by non-compliance with the obligations of the agency or of the shipowner;

PRESIDENCY of the COUNCIL of MINISTERS 55 b) Have a register of all seafarers recruited updated or made by your intermediate, for purposes of inspection by the competent authority; c) Possess a system of evaluation of complaints relating to its activities, and shall inform the respective result to the competent authority. 6-Constitute serious violations of the above provisions, in paragraphs 1, 2, 4 and 5, punishable by a fine of € 1 200 to 2 600 € or € 4 000, depending on whether it is an individual or collective person. Article 28 [...] 1-[...]. 2 - […]. 3-the Agency to carry out the recruitment and placement of seafarers on board must: a) inform job seekers before the conclusion of employment contracts about rights and obligations resulting from them; b) ensure that a seaman must have enough time to analyze the contract and ask them for advice on the content of your order to be properly informed about it before the signing, as well as the contract complies with the applicable legislation and collective labor conventions and it is concluded in writing, in duplicate , getting one for each party. 4-[previous paragraph 3].

PRESIDENCY of the COUNCIL of MINISTERS 56 Article 29 [...] 1-[...]. 2 - […]. 3-monitoring agencies undertaking the recruitment and placement of seafarers on board, the competent authority is accompanied, wherever possible, by an Inspector of the General Direction of natural resources, Maritime Services and security.» Article 48 amendment to law No. 102/2009, of September 10 articles 14, 21 and 77 of law No 102/2009, of September 10, as amended by laws No. 42/2012, of 28 August and 3/2014, 28 January, are replaced by the following: ' article 14 [...] 1 - […]. 2 - […]. 3 - […]. 4 - […]. 5 - […]. 6-in the case of the investigation referred to in paragraphs 2 or 3 follow the events in ship covered by the maritime labour Convention, 2006, the competent body may: PRESIDENCY of the COUNCIL of MINISTERS the 57) Request the collaboration of the authority with specific competence in the application of the laws deriving from the Convention; b) Instruct the your achievement any of the entities referred to in the preceding paragraph. 7-the report of the investigation referred to in the preceding paragraph must be completed and, in the situation referred to in point (b)) of the same paragraph, it should be handed over to the competent authority as soon as possible and, in any case, in the 30 days following the completion of the investigation. Article 21 [...] 1-[...]. 2 - […]. 3 - […]. 4 - […]. 5-in the company responsible for operation of ships covered by the maritime labour Convention, 2006, the number of workers ' representatives is determined as follows: a) In every ship with five or more seafarers and less than 50, a; b) In every ship with 50 to 200 seamen, three; c) In every ship with more than 200 seamen, five; d) compared to other seafarers, the resulting from the application of the preceding paragraph. 6-[previous No. 5]. 7-[previous paragraph 6].

PRESIDENCY Of The COUNCIL Of MINISTERS 58

8-[previous paragraph 7]. Article 77 [...] 1-[...]. 2 - […]. 3 - […]. 4-the Commander of a ship covered by the maritime labour Convention, 2006, represents the shipowner in the implementation of prevention activities, regardless of the mode of service organization of safety and health at work. 5-[previous paragraph 4].» Article 49 shall be repealed: the set Standard) Decree-Law No. 74/73, March 1 amended by decree-laws Nos. 104/89, of April 6, and 88/96, of 3 July, and by law No. 114/99, of 3 August; b) Decree-Law No. 145/2003, of July 2. (c)) paragraph 3 of article 1 of Decree-Law No. 260/2009, of September 25, as amended by law No. 5/2014, from 12 February.



PRESIDENCY of the COUNCIL of MINISTERS article 50 59 entry into force this law shall enter into force on the first day of the second month following that of your publication.

Seen and approved by the Council of Ministers of 30 April 2015 the Prime Minister the Minister of Presidency and Parliamentary Affairs PRESIDENCY of the COUNCIL of MINISTERS 60 annex I (referred to in paragraph 5 of article 34) maritime labour certificate PORTUGAL THE PORTUGUESE REPUBLIC MARITIME LABOUR CERTIFICATE MARITIME LABOUR CERTIFICATE (this certificate must be accompanied by a declaration of maritime labour compliance) (This certificate shall have a Declaration of Maritime Labour Compliance attached) issued in accordance with articles 33 and 34 of the Legal Regime of work on board ships, adopted by (...), in accordance with the provisions of article V and title 5 of the maritime labour Convention, 2006 (hereinafter referred to as ' the Convention ') under the authority of the Government of the Portuguese Republic, for ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ...

PRESIDENCY Of The COUNCIL Of MINISTERS 61................................... (full name and full address of the competent authority or recognized organization) Issued under the provisions of Articles 34 and 35 of the Legal System of Work on board Ships and Article V and Title 5 of the Maritime Labour Convention, 2006 (referred to below as "the Convention") under the authority of the Government of the Portuguese Republic, by..................................................................................................................................................... (full designation of the State whose flag the ship is entitled to fly)

PRESIDENCY of the COUNCIL of MINISTERS 62 characteristics of ship/Particulars of the ship name of vessel Name of ship Distinctive number or letters ship Distinctive number or letters port of registry Port of registry date of registration Date of registry gross tonnage Gross tonnage IMO Number ¹ ¹ IMO number type of ship Type of ship name and address of the shipowner ² Name and address of the shipowner ² PRESIDENCY of the COUNCIL of MINISTERS makes sure 63 : This is to certify: 1 the ship was inspected and was found to your compliance with the requirements of the Convention and with the provisions of the Declaration of maritime labour compliance attached. That the ship has been inspected and verified to be in compliance with the requirements of the Convention, and the provisions of the attached Declaration of Maritime Labour Convention.

2 The working and living conditions of seafarers, as specified in paragraph 1 of article 34 of this legal framework and in accordance with the Appendix A5-I to the Convention, correspond to the provisions of the national legislation implementing the Convention. These national provisions are set out in the Declaration of maritime labour compliance, part I. That the seafarers ' working and living conditions specified in Article 35, paragraph 1 of the mentioned Legal System of Work on board Ships, and in Appendix A5-I of the Convention were found to correspond to the abovementioned country's national requirements implementing the Convention. These national requirements are summarized in the Declaration of Maritime Labour Compliance, Part I.

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ¹ for vessels covered by the transitional provisions relating to the tonnage measurement adopted by IMO, the gross tonnage is indicated under the heading remarks of the PRESIDENCY of the COUNCIL of MINISTERS Certificate 64 international tonnage measurement of ships (1969). (Article II. 1, c) of the Convention).

For ships covered by the tonnage measurement interim scheme adopted by the IMO, the gross tonnage is that which is included in the REMARKS column of the International Tonnage Certificate (1969). See Article II (1) (c) of the Convention. ² "Shipowner" means the owner of the ship or any officer, agent or charterer the bareboat, or other entity or person to whom the owner has transferred the operation of the vessel and that it has accepted the legal obligations incumbent upon the shipowner though other entities or people meet in your name. (Article II. 1, j) of the Convention). Shipowner means the owner of the ship or another organization or person, such as the manager, agent or bareboat charterer, who has assumed the responsibility for the operation of the ship from the owner and who, on assuming such responsibility, has agreed to take over the duties and responsibilities imposed on ship-owners in accordance with this Convention, regardless of whether any other organizations or persons fulfil certain of the duties or responsibilities on behalf of the shipowner. See Article II (1) (j) of the Convention.

This certificate is valid until................................., without prejudice to checks carried out in accordance with the aforementioned legal framework and in accordance with the provisions of the Regulations 5.1.3 and 5.1.4 of the Convention. This Certificate is valid until ... subject to inspections carried out according to the mentioned Legal System and in accordance with 5.1.3 and 5.1.4 Standards to the of the Convention.

This certificate is only valid when accompanied by a declaration of maritime labour compliance issued in. .. (place and date). This Certificate is valid only when the Declaration of Maritime Labour Compliance issued at.................. is attached.

PRESIDENCY of the COUNCIL of MINISTERS 65 date of inspection on the basis of which issued this certificate: Completion date of the inspection on which this Certificate is based was: issued on ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... Issued at............................................................... Signature of the person authorized to issue the certificate Signature of authorized official issuing the certificate Surani (seal or stamp of issuing authority, as appropriate) (Seal or stamp of issuing authority, as appropriate) PRESIDENCY of the COUNCIL of MINISTERS for MANDATORY INTERMEDIATE INSPECTION ENDORSEMENTS 66 and, IF APPLICABLE, ADDITIONAL ENDORSEMENTS FOR MANDATORY INTERMEDIATE INSPECTION INSPECTION AND, IF REQUIRED, ANY ADDITIONAL INSPECTION to certify that the ship was inspected in accordance with the aforementioned legal framework and in accordance with the provisions 5.1.3 the standards and 5.1.4 of the Convention and that the working and living conditions of seafarers specified in paragraph 1 of article 34, the aforementioned legal framework, in accordance with the Appendix A5-I of the Convention were considered to be in conformity with the requirements of national legislation implementing the Convention. This is to certify that the ship was inspected according with the mentioned Legal System and in accordance with 5.1.3 and 5.1.4 Standards to the of the Convention and that the seafarers ' working and living conditions specified in Article Nr. 35, paragraph 1, of the mentioned Legal System, and in accordance with Appendix A5-I of the Convention were found to correspond to the abovementioned country's national requirements implementing the Convention. Intermediate inspection: Place: date: Intermediate inspection: Place: Date: (the effect between the second and third anniversary dates of certificate) (to be completed between the second and third anniversary dates) signature (signature of authorized person) Signed (Signature of authorized official) (white Seal or stamp of issuing authority, as appropriate) PRESIDENCY of the COUNCIL of MINISTERS 67 (Seal or stamp of issuing authority , the appropriate) ADDITIONAL ENDORSEMENTS (IF APPLICABLE) ADDITIONAL ENDORSEMENTS (IF REQUIRED) this is to certify that the ship was subject to an additional inspection to verify your compliance with the national requirements implementing the Convention, in accordance with the provisions of paragraph 3 of the Standard 3.1, of the Convention (new registration or substantial alteration of accommodation) or for other reasons. This is to certify that the ship was subject to an additional inspection for the purpose of verifying that the ship continued to be in compliance with the national requirements implementing the Convention, as required by Standard 3.1, paragraph 3, of the Convention (re-registration or substantial alteration of accommodation) or for other reasons. Additional inspection (if applicable) location: date: Additional inspection (if required) Place: Date: Signature (signature of authorized person) Signed (Signature of authorized official) (white Seal or stamp of issuing authority, as appropriate) (Seal or stamp of issuing authority, as appropriate) additional Inspection (if applicable) location: date: Additional inspection (if required) Place: Date: PRESIDENCY of the COUNCIL of MINISTERS 68



Signature (signature of authorized person) Signed (Signature of authorized official) (white Seal or stamp of issuing authority, as appropriate) (Seal or stamp of issuing authority, as appropriate) additional Inspection (if applicable) location: date: Additional inspection (if required) Place: Date: Signature (signature of authorized person) Signed (Signature of authorized official) (white Seal or stamp of issuing authority, as appropriate) (Seal or stamp of issuing authority , the appropriate) PRESIDENCY of the COUNCIL of MINISTERS 69 ANNEX II (referred to in article 34, paragraph 5) Declaration of maritime labour compliance – part I (Note: this statement must be attached to the maritime labour certificate) DECLARATION of MARITIME LABOUR COMPLIANCE – part I DECLARATION OF MARITIME LABOUR COMPLIANCE – PART I (this statement should accompany the maritime labour certificate) (This Declaration must be attached to the ship's Maritime Labour Certificate) Issued under the authority of ... (full name and full address of the competent authority or recognized organization authorized for this purpose) Issued under the authority of ... (insert name of competent authority as defined in Article II, paragraph 1 (a), of the Convention) The ship with the following characteristics: NAME of VESSEL Name of ship IMO number GROSS TONNAGE IMO NUMBER Gross tonnage is exploited in accordance with the provisions of the Standard Convention of work 5.1.3 PRESIDENCY of the COUNCIL of MINISTERS, 2006 70. is maintained in accordance with the Standard 5.1.3 of the Convention. The undersigned declares, on behalf of the abovementioned competent authority, that: The Arbitration Forum declares, on behalf of the abovementioned competent authority, that: (a) the provisions of the maritime labour Convention are fully embodied in the national requirements listed below; The provisions of the Maritime Labour Convention are fully embodied in the national requirements referred to below; (b) These national requirements are contained in the national provisions referred to below; are provided explanations concerning the content of those provisions, if necessary; These national requirements are contained in the national provisions referenced below; explanations concerning the content of those provisions are provided where necessary; (c) the details of any equivalent provision as a whole, applicable pursuant to paragraphs 3 and 4 of article VI, are provided the following national > *; The details of any substantial equivalencies under Article VI, paragraphs 3 and 4, are provided below > *; (d) Any exemptions granted by the competent authority under Title 3 are clearly indicated in the following section planned for the purpose; Any exemptions granted by the competent authority in accordance with Title 3 are clearly indicated in the section provided for this purpose below; and (e) the requirements relating to a specific category of vessels provided for in national legislation are also mentioned under the corresponding heading.

PRESIDENCY of the COUNCIL of MINISTERS 71 Any ship-type specific requirements under national legislation are also referenced under the requirements concerned.

1. Minimum age (rule 1.1) Minimum age (Regulation 1.1) 2. Medical certificate (rule 1.2) Medical certification (Regulation 1.2) 3. Qualification of seafarers (rule 1.3) Qualifications of seafarers (Regulation 1.3) 4. Maritime labour agreements (rule 2.1) Seafarers ' employment agreements (Regulation 2.1) 5. Use of private recruitment and placement services, licensed or certified or regulated (rule 1.4) Use of any licensed or certified or regulated private recruitment and placement service (Regulation 1.4) 6. Duration of work or rest (rule 2.3) Hours of work or rest (Regulation 2.3) 7. Manning (rule 2.7) Manning levels for the ship (Regulation 2.7) 8. Accommodation (rule 3.1) Accommodation (Regulation 3.1) 9. Recreational facilities on Board (rule 3.1) PRESIDENCY of the COUNCIL of MINISTERS 72 on-board recreational facilities (Regulation 3.1) 10. Food and table service (rule 3.2) Food and catering (Regulation 3.2) 11. Health and safety and prevention of accidents (rule 4.3) Health and safety and accident prevention (Regulation 4.3) 12. Medical assistance on Board (rule 4.1) on-board medical care (Regulation 4.1) 13. On-board complaint procedures (rule 5.1.5) on-board complaint procedures (Regulation 5.1.5) 14. Payment of compensation (rule 2.2) Payment of wages (Regulation 2.2) name: Name: category: Title: signature: Signature: location: Place: date: Date: (seal or stamp of issuing authority, as appropriate) PRESIDENCY of the COUNCIL of MINISTERS 73 (Seal or stamp of the issuing authority, as appropriate) _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ (*) strike out which is not applicable. Strike out the statement which is not applicable. EQUIVALENT PROVISIONS in ALL SUBSTANTIAL EQUIVALENCIES (Cross section not applicable) (Strike out the statement which is not applicable) Are listed below the equivalent provisions as a whole, applicable in accordance with paragraphs 3 and 4 of article VI of the Convention, with the exception of the above mentioned (Insert description if applicable): The following substantial equivalencies, as provided under Article VI, paragraphs 3 and 4 , of the Convention, except where stated above, are noted (insert description if applicable):.......................................................................................................................................................................................................................................................................................... Shall not apply equivalent provisions as a whole. On equivalency has been granted. Name: Name: category: Title: PRESIDENCY of the COUNCIL of MINISTERS 74 Signature: Signature: location: Place: date: Date: (seal or stamp, as appropriate, of the authority issuing the relationship) (Seal or stamp of the issuing authority, as appropriate) EXEMPTIONS EXEMPTIONS (Cross section not applicable) (Strike out the statement which is not applicable) the following Are exemptions granted by the competent authority in accordance with title 3 of the Convention: The following exemptions granted by the competent authority as provided in Title 3 of the Convention are noted:.......................................................................................................................................................................................................................................................................................... No exemption has been granted. The exemption has been granted.

PRESIDENCY of the COUNCIL of MINISTERS 75 name: Name: category: Title: signature: Signature: location: Place: date: Date: (seal or stamp, as appropriate, of the authority issuing the relationship) (Seal or stamp of the issuing authority, as appropriate) DECLARATION of MARITIME LABOUR COMPLIANCE – part II DECLARATION OF MARITIME LABOUR COMPLIANCE – PART II measures adopted to ensure ongoing compliance between inspections two Measures adopted to ensure ongoing compliance between inspections the following measures have been adopted by the shipowner , whose name is contained in the maritime labour certificate annexed to this Declaration, to ensure ongoing compliance between inspections: The following measures have been drawn up by the shipowner, named in the Maritime Labour Certificate to which this Declaration is attached, to ensure ongoing compliance between inspections: PRESIDENCY of the COUNCIL of MINISTERS 76 (Please indicate the measures adopted to ensure compliance with each of the elements set out in part I) (State below the measures drawn up to ensure compliance with each of the items in Part I) 1. Minimum age (rule 1.1).....................................................................  Minimum age (Regulation 1.1) 2. Medical certificate (rule 1.2) ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ...  Medical certification (Regulation 1.2) 3. Qualification of seafarers (rule 1.3)......................................................  Qualifications of seafarers (Regulation 1.3) 4. Maritime labour agreements (rule 2.1).................................................  Seafarers ' employment agreements (Regulation 2.1) 5. Use of private recruitment and placement services, licensed or certified or regulated (rule 1.4)  Use of any licensed or certified or regulated private recruitment and placement service (Regulation 1.4) 6. Duration of work or rest (rule 2.3)...........................................  Hours of work or rest (Regulation 2.3) 7. Manning (rule 2.7)..........................................................................  Manning levels for the ship (Regulation 2.7) 8. Accommodation (rule 3.1)........................................................................  Accommodation (Regulation 3.1) 9. Recreational facilities on Board (rule 3.1)......................................................  PRESIDENCY of the COUNCIL of MINISTERS 77 on-board recreational facilities (Regulation 3.1)


10. food and table service (rule 3.2).................................................  Food and catering (Regulation 3.2) 11. Health and safety and prevention of accidents (rule 4.3) ... ... ... ... ... ... ... ... ... ....  Health and safety and accident prevention (Regulation 4.3) 12. Medical assistance on Board (rule 4.1)....................................................  on-board medical care (Regulation 4.1) 13. On-board complaint procedures (rule 5.1.5)...........................................  on-board complaint procedures (Regulation 5.1.5) 14. Payment of compensation (rule 2.2)....................................................  Payment of wages (Regulation 2.2) I, the undersigned, certify that the above measures were adopted to ensure, between inspections, compliance with the requirements listed in part I. I hereby certify that the above measures have been drawn up to ensure ongoing compliance, between inspections, with the requirements listed in Part i. name of owner: Name of shipowner ¹ ¹: Address of the company: PRESIDENCY of the COUNCIL of MINISTERS 78 Company address: name of the person authorized to sign: Name of the authorized signatory: category: Title: signature of authorized person: Signature of the authorized signatory : Date: Date: (seal or stamp of shipowner) ¹ (Stamp or seal of the shipowner ¹) the measures mentioned above have been verified by (indicate the name of the competent authority or recognized organization) and, after inspection of the ship, were deemed to be in compliance with the objectives set out in paragraph 10 (b)) of the Standard 5.1.3 concerning measures to ensure compliance with the initial and ongoing requirements set out in Part I of this Declaration. The above measures have been reviewed by (insert name of competent authority or recognized organization Surani) and, following inspection of the ship, have been determined the meeting the purposes set out under Standard 5.1.3, paragraph 10 (b), regarding measures to ensure initial and ongoing compliance with the requirements set out in Part I of this Declaration. Name: Name: category: PRESIDENCY of the COUNCIL of MINISTERS 79 Title: Address: Address: signature: Signature: location: Place: date: Date: (seal or stamp of the authority, as appropriate) (Seal or stamp of the authority, as appropriate) _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ¹ "Shipowner" means the owner of the ship or any officer, agent or charterer the bareboat, or other entity or person to whom the owner has transferred the operation of the vessel and that it has accepted the legal obligations incumbent upon the shipowner though other entities or people meet in your name. (Article II. 1, j) of the Convention). Shipowner means the owner of the ship or another organization or person, such as the manager, agent or bareboat charterer, who has assumed the responsibility for the operation of the ship from the owner and who, on assuming such responsibility, has agreed to take over the duties and responsibilities imposed on ship-owners in accordance with this Convention, regardless of whether any other organizations or persons fulfil certain of the duties or responsibilities on behalf of the shipowner. See Article II (1) (j) of the Convention.

PRESIDENCY of the COUNCIL of MINISTERS 80 ANNEX III (referred to in paragraph 5 of article 34) interim maritime labour certificate PORTUGAL THE PORTUGUESE REPUBLIC INTERIM MARITIME LABOUR CERTIFICATE INTERIM MARITIME LABOUR CERTIFICATE Issued pursuant to article 34, paragraph 4, point (b)), and article 37 of the Legal Regime of work on board ships, adopted by (...) in accordance with the provisions of article V and title 5 of the maritime labour Convention, 2006 (hereinafter referred to as "the Convention") under the authority of the Government of the Portuguese Republic, for ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... (full name and full address of the competent authority) Issued under the provisions of Articles 34, paragraph 4, subparagraph (b)), and 38 of the Legal System of Work on board Ships and Article V and Title 5 of the Maritime Labour Convention, 2006 (referred to below as "the Convention") under the authority of the Government of the Portuguese Republic by PRESIDENCY of the COUNCIL of MINISTERS 81..................................................................................................................................................... (full designation of the State whose flag the ship is entitled to fly)

Characteristics of ship/Particulars of the ship name of vessel Name of ship Distinctive number or letters ship Distinctive number or letters port of registry Port of registry date of registration Date of registry gross tonnage Gross tonnage IMO Number ¹ ¹ IMO number type of ship Type of ship name and address of the shipowner ² Name and address of the shipowner ² for the purposes of paragraph 2 of article 37 of the aforementioned legal framework in accordance with paragraph 7 of standard 5.1.3 of the Convention, make sure: PRESIDENCY of the COUNCIL of MINISTERS 82 This is to certify, for the purposes of Standard 5.1.3, paragraph 7, of the Convention, that: (a) this ship has been inspected, as far as reasonable and practicable, for the matters listed in Appendix A5-I of the Convention, taking into account verification of the elements specified in paragraph 1 (b)) , c) and (d)); This ship has been inspected, as far as reasonable and practicable, for the matters listed in Appendix A5-I to the Convention, taking into account verification of items under (b), (c) and (d) below;

(b) the shipowner has demonstrated to the competent authority or recognized organization that are being implemented on the ship the appropriate procedures to ensure compliance with the provisions of the Convention; The shipowner has demonstrated to the competent authority or recognized organization that the ship has adequate procedures to comply with the Convention;

(c) the captain is aware of the provisions of the Convention and the obligations regarding your application; The master is familiar with the requirements of the Convention and the responsibilities for the implementation; and (d) the required information were presented to the competent authority or recognized organization with a view to issuing a declaration of maritime labour compliance. Relevant information has been submitted to the competent authority or recognized organization to produce a Declaration of Maritime Labour Compliance.

PRESIDENCY of the COUNCIL of MINISTERS 83 this certificate is valid until................................., without prejudice to checks carried out in accordance with the aforementioned legal framework and in accordance with the provisions of the Regulations 5.1.3 and 5.1.4 of the Convention. This Certificate is valid until ... subject to inspections carried out according to the mentioned Legal System and in accordance with 5.1.3 and 5.1.4 Standards to the of the Convention. Date of inspection mentioned under the previous point) Completion date of the inspection referred to under (a) above was: issued on ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... Issued at............................................................... Signature of the person authorized to issue the certificate Signature of authorized official issuing the Surani interim certificate (seal or stamp of issuing authority, as appropriate) (Seal or stamp of issuing authority, as appropriate) _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ¹ for vessels covered by the transitional provisions relating to the tonnage measurement adopted by IMO, the gross tonnage is indicated under the heading REMARKS the International Tonnage Certificate (1969). (Article II. 1, c) of the Convention). For ships covered by the tonnage measurement interim scheme adopted by the IMO, the gross tonnage is that which is included in the REMARKS column of the International Tonnage Certificate (1969). See Article II (1) (c) of the Convention.

PRESIDENCY of the COUNCIL of MINISTERS 84 ² "Shipowner" means the owner of the ship or any officer, agent or charterer the bareboat, or other entity or person to whom the owner has transferred the operation of the vessel and that it has accepted the legal obligations incumbent upon the shipowner though other entities or people meet in your name. (Article II. 1, j) of the Convention). Shipowner means the owner of the ship or another organization or person, such as the manager, agent or bareboat charterer, who has assumed the responsibility for the operation of the ship from the owner and who, on assuming such responsibility, has agreed to take over the duties and responsibilities imposed on ship-owners in accordance with this Convention, regardless of whether any other organizations or persons fulfil certain of the duties or responsibilities on behalf of the shipowner. See Article II (1) (j) of the Convention.