The Parties undertake to give effect to the provisions of the Convention and its Annex, which is an integral part of the Convention. Any reference to the Convention constitutes at the same time a reference to the Annex.

2. The Parties undertake to promulgate all laws and decrees, orders and regulations and to take all other necessary measures to give the Convention its full and full effect, in order to ensure that, from the point of view of the preservation of life And the protection of the marine environment, seafarers on board ships have the qualifications and the ability to perform their duties.

For the purposes of the Convention, unless otherwise expressly stated:

(a)

The term "Party" means a State in respect of which the Convention entered into force;

(b)

The term "Administration" means the Government of the Party whose ship is authorized to fly the flag;

(c)

The term "patent" means a valid document, regardless of its name, issued by or with the authorization of the Authority, or recognized by the Authority, and entitling the holder to perform the functions set out in the said document. Document or authorized by the national regulations;

(d)

The term "patentee" means having obtained a patent in the required conditions;

(e)

The term "Organization" means the Intergovernmental Consultative Organization for Marine Navigation ¹ (OMCI);

(f)

" Secretary-General means the Secretary-General of the Organization,

(g)

"Seagoing ship" means a ship other than ships that operate exclusively in inland waters or in waters within or near the vicinity of sheltered waters or in areas where port regulations apply,

(h)

The term "fishing vessel" means a vessel used for the capture of fish, whales, seals, walrus or other living marine resources;

(i)

"Radio Regulations" means the Radio Regulations annexed to or considered to be annexed to the most recent International Telecommunications Convention in force at any time.

The Convention shall apply to seafarers serving on seagoing vessels authorised to fly the flag of a Party, with the exception of those serving on board:

(a)

Warships, auxiliary warships or other vessels belonging to a State or operated by that State as long as the State uses them exclusively for governmental and non-commercial purposes; however, each Party shall ensure, in Taking appropriate measures which do not compromise the operations or operational capacity of such vessels owned or operated by it, that the persons serving on those ships meet the requirements of the Convention, provided that this is reasonable in practice;

(b)

Fishing vessels;

(c)

Pleasure yachts not engaged in any commercial traffic;

(d)

Wooden ships of primitive construction.

Parties shall communicate to the Secretary-General as soon as possible:

(a)

The text of the laws, decrees, orders, regulations and instruments promulgated on the various issues falling within the scope of the Convention;

(b)

Any details, if any, on the programme and duration of the studies, as well as the examinations and other conditions which they provide at the national level for the grant of each patent in accordance with the Convention;

(c)

A sufficient number of patent models issued in accordance with the Convention.

(2) The Secretary-General shall inform all Parties of any communication received under para. (a) para. 1) and, in particular, it shall issue them on request, for the purposes of art. IX and X, the information provided to it under paras. (b) and (c) of s. 1).

1. All previous treaties, conventions and agreements relating to the standards of training of seafarers, the grant of patents and the day before and which are in force between the Parties shall retain their full and full effect, during the period Assigned to them, as regards:

(a)

Seafarers to whom this Convention does not apply;

(b)

The people of the seas to whom this Convention applies, in respect of matters not expressly prescribed therein.

2. However, to the extent that such treaties, conventions or arrangements are in conflict with the requirements of the Convention, the Parties shall review their commitments under the said treaties, conventions and arrangements in order to Avoid any conflict between these commitments and obligations under the Convention.

3. All points which are not expressly prescribed in the Convention shall remain subject to the legislation of the Parties.

4. Nothing in the Convention prejudges the codification and elaboration of the law of the sea by the United Nations Conference on the Law of the Sea convened pursuant to General Assembly resolution 2750 C (XXV), nor The present or future legal claims and positions of any State relating to the law of the sea and the nature and extent of the jurisdiction of the coastal State and the flag State.

1. Patents shall be granted to candidates for the duties of a master, an officer, a seaman or a mechanic who, to the satisfaction of the Administration, fulfil the conditions of service, age, physical fitness, training, Of qualifications and examinations in accordance with the relevant provisions of the Annex to the Convention.

2. The certificates of captain and officer issued in accordance with the provisions of this Article shall be covered by the Authority issuing them in the manner prescribed in Rule I/2 of the Annex. If the language used is not English, a translation into that language must be attached.

1. A certificate of fitness or a certificate of service relating to a function for which the Convention requires a patent, which was granted prior to the entry into force of the Convention in respect of a Party in accordance with the law of that Party Or of the Radio Regulations, shall be recognized as enabling its holder to exercise that function after the entry into force of the Convention in respect of that Party.

2. After the entry into force of the Convention in respect of a Party, its Administration may continue to grant certificates of fitness in accordance with established practice, for a period not exceeding five years. Such patents shall be deemed valid for the purposes of the Convention. During this transitional period, such patents shall be granted only to seafarers who have commenced their service at sea before the entry into force of the Convention in respect of the Party concerned in the specialized service of the vessel to which these Patents related. The Authority shall ensure that all other applicants for a patent take examinations and obtain their patents in accordance with the provisions of the Convention.

A Party may, within two years of the entry into force of the Convention in respect thereof, issue a certificate of service to seafarers who do not possess an appropriate patent under the Convention, or a certificate of fitness Issued under the legislation of that Party before the entry into force of the Convention in respect of that Party, but which:

(a)

Have occupied the duties for which they are seeking a certificate of service for at least three years at sea during the seven years preceding the entry into force of the Convention in respect of that Party;

(b)

Have provided evidence that they have performed these duties satisfactorily;

(c)

Have demonstrated to the Authority their physical fitness, particularly with regard to their visual and hearing acuity, given their age at the time of application.

For the purposes of the Convention, a certificate of service issued under this paragraph shall be considered to be equivalent to a patent granted in accordance with the provisions of the Convention.

1. In circumstances of extreme necessity, the Administrations may, if they consider that there is no danger to persons, property or the environment, to issue an exemption in order to allow a given seaman to serve on board a A given ship for a specified period of time not exceeding six months in functions for which it does not hold the appropriate patent, provided that it is satisfied that the holder of the exemption has sufficient qualifications to occupy The vacancy in a manner that provides security. This exemption is granted for the position of radioelectrician or radio operator only in the circumstances provided for in the relevant provisions of the Radio Regulations. However, an exemption must not be granted for the duties of a master or chief engineer, except in the case of force majeure and only for a period as short as possible.

2. Any exemption granted for a position shall be granted only to a person who has the required patent to fill the position immediately below. Where, for the position below, no patent is required under the Convention, an exemption may be granted to a person whose qualifications and experience are, in the opinion of the Authority, at a level substantially equivalent to that of Which is required for the position to be filled, provided that the person is invited, if it does not hold an appropriate patent, to pass a test accepted by the Authority to demonstrate that such an exemption can be granted to the person in a safe manner. In addition, the Administrations must ensure that the position in question is occupied as soon as possible by the holder of an appropriate patent.

3. The Parties shall send to the Secretary-General, as soon as possible after 1 ^Er January of each year, a report providing information on the total number of waivers issued during the year to seagoing vessels under each of the functions for which a patent is required, as well as information on the Number of these vessels having a gross tonnage greater than and less than 1600 tons.

1. The provisions of the Convention do not prohibit an Authority from retaining or adopting other methods of instruction and training, including those involving sea service and a specially adapted flight organization. Technical progress and specific types of ships and services, provided that the level of sea service, knowledge and efficiency achieved in the navigation and technical handling of the ship and the cargo ensures a Level of safety at sea and effects, with respect to pollution prevention, to Less equivalent to the requirements of the Convention.

(2) Details on these methods shall be communicated as soon as possible to the Secretary-General, who shall provide information to all Parties on this matter.

1. Ships, with the exception of ships excluded by s. III, shall be subject in the ports of a Party to checks carried out by officials duly authorized by that Party, in order to verify that all seafarers serving on board who are required to hold a patent under the The Convention is the holder of the said patent or an appropriate dispensation. A patent is accepted unless there is good reason to believe that it has been fraudulently obtained or that the patent holder is not the person to whom the patent was originally issued.

2. Where it finds deficiencies under the provisions of subs. 1) or the procedures set out in Rule I/4 "Control Procedure", the officer in charge of the control shall immediately inform the master of the ship and the Consul in writing, or, in his absence, the nearest diplomatic representative Or the maritime authority of the State whose vessel is authorised to fly the flag so that appropriate measures are taken. Such notification shall state in detail the deficiencies which have been identified and the reasons for which the Party considers that these deficiencies present a danger to persons, property or the environment.

3. Where control is exercised under subs. 1), if, taking into account the size and type of the vessel, as well as the length and nature of the voyage, the deficiencies mentioned in paragraph 1 shall not be remedied. 3 of Rule I/4 and if it appears that the result is a danger to persons, property or the environment, the Party exercising control shall take the necessary measures to ensure that the ship does not sail before it is satisfied Requirements to the extent sufficient to remove the hazard. The Secretary-General shall promptly report to the Secretary-General on the measures taken.

4. Where a control is exercised under this section, every effort shall be made to ensure that a vessel is not unnecessarily withheld or delayed. If a ship is unnecessarily withheld or delayed, it is entitled to compensation for any loss or damage resulting from it.

5. This Article shall be applied so that ships flying the flag of a non-Contracting Party shall not be treated more favourably than vessels flying the flag of a Party.

Parties to the Convention shall, in consultation with and with the support of the Organization, promote assistance to Parties requesting technical assistance to:

(a)

Train administrative and technical staff;

(b)

Establish institutions for the training of seafarers;

(c)

Procure equipment and facilities for training facilities;

(d)

Develop appropriate training programmes, including practical training on board seagoing vessels; and

(e)

Facilitate the adoption of other measures and provisions that may improve the qualifications of seafarers;

Preferably at the national, subregional or regional level, in order to promote the achievement of the objectives of the Convention, taking into account the special needs of developing countries in this regard.

2. For its part, the Organization shall continue its efforts in the direction indicated above, in an appropriate manner, in consultation or in association with other international organizations, in particular the International Labour Organization.

The Convention may be amended by any of the following procedures:

(a)

Amendments after consideration by the Organization:

(i)

Any amendment proposed by a Party shall be submitted to the Secretary-General and circulated by the Secretary-General to all Members of the Organization, to all Parties and to the Director-General of the International Labour Office at least six months before its consideration;

(ii)

Any amendment so proposed and circulated shall be submitted to the Committee on Maritime Safety of the Organization for its consideration;

(iii)

The Parties, whether or not they are Members of the Organization, are authorized to participate in the deliberations of the Committee on Maritime Safety for the purposes of the consideration and adoption of amendments;

(iv)

Amendments shall be adopted by a two-thirds majority of the Parties present and voting in the enlarged Maritime Safety Committee in accordance with para. (a) (iii) (hereinafter referred to as the "Enlarged Maritime Safety Committee"), provided that at least one third of the Parties are present at the time of the vote;

(v)

The amendments so adopted shall be communicated by the Secretary-General to all Parties for the purposes of acceptance;

(vi)

An amendment to an article is deemed to have been accepted on the date on which it was accepted by two-thirds of the Parties;

(vii)

An amendment to the Annex is deemed to have been accepted:

1.

Upon expiry of a period of two years from the date on which it is communicated to the Parties for acceptance; or

2.

At the expiration of any other period, which shall not be less than one year, if so decided at the time of its adoption by a two-thirds majority of the Parties present and voting in the enlarged Maritime Safety Committee;

However, the amendment shall be deemed not to have been accepted if, during the period thus specified, more than one third of the Parties, or Parties whose merchant fleets account for a total of 50 % of the Parties, shall be deemed not to have been accepted. At least 100 gross tonnage of the world fleet of commercial vessels of a gross tonnage equal to or greater than 100 tons shall be notified to the Secretary-General that they raise an objection to that amendment;

(viii)

An amendment to an article shall enter into force, in respect of the Parties that have accepted it, six months after the date on which it is deemed to have been accepted, and it shall enter into force, with respect to each Party that accepts it after that date, six months after its Acceptance by that Party;

(ix)

An amendment to the Annex shall enter into force in respect of all Parties, with the exception of those who have objected to the amendment in accordance with para. (a) (vii) have not withdrawn that objection, six months after the date on which it is deemed to have been accepted. Before the date fixed for the entry into force of an amendment, any Party may notify the Secretary-General that it shall dispense with the amendment for a period not exceeding one year from the date of its entry into force, Or for a longer period if the two-thirds majority of the Parties present and voting in the enlarged Maritime Safety Committee so decide at the time of adoption of the amendment;

(b)

Amendment by a conference:

(i)

At the request of a Party supported by at least one third of the Parties, the Organization shall convene, in association or in consultation with the Director General of the International Labour Office, a Conference of the Parties to consider the amendments to the Convention;

(ii)

Any amendment adopted by this Conference by a two-thirds majority of the Parties present and voting shall be communicated by the Secretary-General to all Parties for the purposes of acceptance;

(iii)

Unless the Conference decides otherwise, the amendment shall be deemed to have been accepted and shall enter into force in accordance with the procedures set out in paras. (a) (vi) and (a) (viii) or paras. (a) (vii) and (a) (ix), provided that references to the Extended Marine Safety Committee contained in these paragraphs are considered as references to the Conference.

2. Any declaration of acceptance or objection relating to an amendment or notification communicated under para. (a) (ix) of par. 1) shall be addressed in writing to the Secretary-General. It shall inform all Parties of this communication and of the date on which it has received it.

The Secretary-General shall inform all Parties of any amendments that enter into force, as well as the date on which this amendment enters into force.

The Convention shall remain open for signature at the headquarters of the Organization of 1 ^Er December 1978 to 30 November 1979, and then remains open for accession. Any State may become a Party by:

(a)

Signature without reservation as to ratification, acceptance or approval; or

(b)

Signature subject to ratification, acceptance or approval, followed by ratification, acceptance or approval; or

(c)

Membership.

(2) The ratification, acceptance, approval or accession shall be effected by the deposit of an instrument to that effect with the Secretary-General.

The Secretary-General shall inform all States which have signed or acceded to the Convention and the Director General of the International Labour Office of any signature or deposit of any instrument of ratification, acceptance, approval or Of accession and of the date of such deposit.

The Convention shall enter into force twelve months after the date on which at least twenty-five States whose merchant fleets represent a total of at least 50 %. 100 per cent of the gross tonnage of the world fleet of commercial vessels of a gross tonnage equal to or greater than 100 tons have, either signed this Convention without reservation as to the ratification, acceptance or approval, or deposited the instruments Required for ratification, acceptance, approval or accession, in accordance with the provisions of s. XIII.

2. The Secretary-General shall inform all States which have signed or acceded to the Convention of the date of its entry into force.

3. Any instrument of ratification, acceptance, approval or accession deposited during the twelve months mentioned in par. (1) takes effect at the time of entry into force of the Convention or three months after the date of deposit of the instrument, whichever is later.

4. Any instrument of ratification, acceptance, approval or accession deposited after the date of entry into force of the Convention shall take effect three months after the date of deposit.

5. Any instrument of ratification, acceptance, approval or accession deposited after the date on which an amendment is deemed to have been accepted pursuant to s. XII applies to the Convention in its amended form.

The Convention may be denounced by any of the Parties at any time after the expiration of a period of five years from the date on which the Convention entered into force for that Party.

2. Denunciation shall be effected by means of a written notification addressed to the Secretary-General, who shall communicate the contents and the date of receipt of such notification and the date on which the denunciation takes effect on all other Parties and The Director-General of the International Labour Office.

(3) Denunciation shall take effect twelve months after the date on which the Secretary-General has received notification thereof, or upon the expiration of any other more important time set out in the notification.

The Convention shall be deposited with the Secretary-General, who shall send certified copies to all States that have signed or acceded to the Convention.

2. On the entry into force of the Convention, its text shall be transmitted by the Secretary-General to the Secretary-General of the United Nations to be registered and published in accordance with art. 102 of the United Nations Charter ¹ .

The Convention shall be established in a single copy in the English, Chinese, French, Russian and Spanish languages, each text being equally authentic. Official translations are made in the German and Arabic languages which are deposited with the original copy bearing signatures.

In witness whereof, The undersigned, duly authorized to that effect by their respective Governments, have signed the Convention.

Done at London this July, seven thousand nine hundred and seventy-eight.

(Suivent signatures)