Purpose: to ensure that no person with a minimum age is working on board a ship

1. No person of age less than the minimum age may be employed or engaged or work on board a ship.

2. The minimum age at the time of entry into force of this Convention shall be 16 years.

3. A higher minimum age is required in cases specified in the code.

A1.1 Standard Minimum age

1. The employment or commitment or work on board a ship of any person under the age of 16 is prohibited.

2. Night work by a sailor under the age of 18 is prohibited. For the purposes of this Standard, the term "night" is defined in accordance with national law and practice. It shall cover a period of at least nine consecutive hours, beginning no later than midnight and ending at the earliest at 5 a.m.

A derogation from the strict observance of the restriction on night work may be decided by the competent authority when:

(a)

The actual training of seafarers involved in established curricula and study plans could be compromised; or

(b)

The specific nature of the task or an approved training programme requires that the seafarers covered by the derogation work at night and the authority decides, after consultation with the shipowners and seafarers' organisations concerned, that this Shall not prejudice their health or well-being.

4. The employment or commitment or work of seafarers under the age of 18 is prohibited when the work is likely to endanger their health or safety. The types of work in question shall be determined by national legislation or by the competent authority, after consultation with the relevant shipowners and seafarers' organisations, in accordance with applicable international standards.

Guiding Principle B1.1 Minimum age

When establishing regulations on working and living conditions, Members should pay particular attention to the needs of young people under the age of 18.

Purpose: to ensure that all seafarers are medically fit to perform their duties at sea

(1) No sailor may work aboard a ship if he does not produce a medical certificate certifying that he is medically fit to perform his duties.

2. Exceptions are possible only in the cases specified in the code.

A1.2 Standard Medical certificate

1. The competent authority shall require that, before commencing service on board a ship, seafarers be in possession of a valid medical certificate attesting that they are medically fit for the duties they will perform at sea.

2. In order for the medical certificates to accurately reflect the health of seafarers with regard to the functions they have to perform, the competent authority shall determine, after consultation with the shipowners and seafarers' organisations concerned, And taking due account of the applicable international guidelines mentioned in Part B of the Code, the nature of the medical examination and the corresponding certificate.

3. This standard shall be without prejudice to the International Convention on the Standards for the Training of Seafarers, the Grant of Patents and the International Convention of 1978 ¹ , as modified (STCW). A medical certificate issued in accordance with the requirements of STCW shall be accepted by the competent authority for the purposes of Rule 1.2. A medical certificate conforming in substance to these requirements, in the case of seafarers not covered by STCW, is also accepted.

4. The medical certificate shall be issued by a duly qualified doctor or, in the case of a certificate solely concerning the view, by a person recognised by the competent authority as qualified to issue such certificates. Physicians must have full professional independence in medical examination procedures.

5. In the event of a refusal to issue a certificate or a restriction on the ability to work in particular in terms of duration, area of activity or geographical area, seafarers may be re-examined by another doctor or by An independent medical adjudicator.

6. The medical certificate states in particular that:

(a)

The hearing and sight of the person concerned, as well as the perception of the colours if it is a person who is to be employed in tasks for which the ability to work is likely to be impaired by the colour blindness, are all satisfactory;

(b)

The person concerned has no medical problems which may be aggravated by the service at sea, render him unfit for this service or endanger the health of other persons on board.

7. Unless a shorter period is prescribed due to the nature of the duties to be performed by the person concerned or under the STCW:

(a)

A medical certificate remains valid for up to two years unless the sailor is under the age of 18, in which case the maximum period of validity will be one year;

(b)

A certificate relating to colour perception remains valid for a maximum of six years.

8. In cases of emergency, the competent authority may authorise a sailor to work without a valid medical certificate until the next port of call where he may be issued a medical certificate by a qualified doctor, provided that:

(a)

The period of validity of this authorisation shall not exceed three months;

(b)

The person concerned is in possession of a medical certificate of a recent date.

9. If the period of validity of a certificate expires during a journey, the certificate shall remain valid until the next port of call where the seaman may be issued a medical certificate by a qualified doctor, provided that this period does not exceed Not three months.

10. Medical certificates for seafarers working on ships normally engaged in international voyages shall be provided in English as a minimum.

Guiding Principle B1.2 Medical certificate

Guiding Principle B1.2.1 International Guidelines

1. The competent authority, doctors, examiners, shipowners, representatives of seafarers and all other persons interested in the conduct of medical examinations to determine the physical fitness of future seafarers And seafarers in operation should follow the Guidelines for the Conduct of Pre-Boarding Medical Examinations and Periodic Medical Examinations of BIT/WHO Seafarers, including any subsequent versions, and all Other applicable international guidelines published by the ILO, IMO or the Organization World Health Organization.

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Purpose: to ensure that seafarers are trained or qualified to carry out their duties on board ships

1. To work on a ship, a sailor must have taken training, hold a certificate of capacity or be qualified in another capacity to carry out his duties.

2. Seafarers must be allowed to work on a ship only if they have successfully completed individual safety training on board ships.

3. Training and patents in conformity with the legally binding instruments adopted by the IMO shall be regarded as complying with the requirements of s. 1 and 2 of this Rule.

4. Any Member who, at the time of ratification of this Convention, is bound by the provisions of the Convention n ^O 74 on certificates of deckhand capacity, 1946, must continue to fulfil its obligations under this instrument, except where binding provisions on the issue have been adopted by the IMO and have entered into force In force, or until such time as is the case, or until five years have elapsed since the entry into force of this Convention in accordance with par. 3 of Art. VIII, whichever is the earlier.

Purpose: to ensure that seafarers have access to an efficient and well regulated system N The recruitment and placement of seafarers

1. All seafarers must have access to an efficient, adequate and transparent system to find employment on board a ship at no cost.

2. The recruitment and placement services of seafarers operating in the territory of a Member shall conform to the standards laid down in the Code.

(3) Every Member shall require, with regard to seafarers who work on ships flying its flag, that shipowners who use services for the recruitment and placement of seafarers established in countries or territories to which the This Convention shall not apply to ensure that such services comply with the requirements set out in the Code.

A1.4 Standard Recruitment and placement

1. Every Member who has established a public service for the recruitment and placement of seafarers shall ensure that this service is managed in the rules so as to protect and promote the employment rights of seafarers as they are Set out in this Convention.

2. Where private recruitment and placement services of seafarers whose main purpose is the recruitment and placement of seafarers or who recruit and place a significant number of seafarers operate in the territory of a Member, they can only carry on business under a standard licensing or licensing system or other form of regulation. Such a system can only be established, amended or replaced after consultation with the shipowners'and seafarers' organisations concerned. In case of doubt as to whether this Convention applies to a particular private recruitment and placement service, the matter shall be decided by the competent authority of each Member after consultation with the organizations Ship owners and interested seafarers. Excessive proliferation of these private recruitment and placement services should not be encouraged.

3. The provisions of s. 2 of this Standard shall also apply, to the extent that the competent authority, in consultation with interested shipowners and seafarers' organisations, considers that they are appropriate, in the case of recruitment and placement services Provided by a seafarers' organisation in the territory of a Member to provide seafarers who are nationals of the Member to vessels flying its flag. The services covered by this paragraph are those which meet the following conditions:

(a)

The recruitment and placement service is managed in accordance with a collective agreement between that organization and a shipowner;

(b)

Both the organisation of seafarers and the shipowner are established on the territory of the Member;

(c)

The Member has national legislation or a procedure for authorizing or registering the collective agreement which permits the operation of the recruitment and placement service;

(d)

The recruitment and placement service is managed in the rules and measures comparable to those set out in par. 5 of this standard exists to protect and promote the employment rights of seafarers.

4. Nothing in this Standard or in Rule 1.4 shall have the effect of:

(a)

To prevent a Member from providing a free public service for the recruitment and placement of seafarers as part of a policy to meet the needs of seafarers and shipowners, that this service is part of the public employment service Open to all workers and employers or act in coordination with employers;

(b)

Impose on a Member the obligation to establish in its territory a system for the management of private services for the recruitment and placement of seafarers.

5. Any Member adopting the system referred to in par. 2 of this standard shall, as a minimum, by legislation or other measures:

(a)

Prohibit seafarers' recruitment and placement services from using means, mechanisms or lists to prevent or deter seafarers from obtaining employment for which they have the required qualifications;

(b)

Prohibit that fees or other charges be charged to seafarers, directly or indirectly, in whole or in part, for the recruitment, placement or obtaining of employment, outside the cost that seafarers must pay for Obtain a compulsory national medical certificate, the national occupational booklet and a passport or other similar personal travel document, except the cost of the visas which must be borne by the boarding party;

(c)

Ensure that the recruitment and placement services of seafarers operating within its territory:

(i)

Shall make available, for inspection by the competent authority, an up-to-date register of all seafarers recruited or placed by their intermediary,

(ii)

Ensure that, prior to undertaking or during the engagement process, seafarers are informed of the rights and obligations set out in their contract of engagement and that the necessary arrangements are made to ensure that seafarers Be able to examine their contract of engagement before and after their signature and for a copy of the contract to be awarded to them,

(iii)

Verify that seafarers recruited or placed by their intermediary possess the necessary qualifications and hold the necessary documents for the employment concerned, and that the contracts of maritime engagement are in conformity with the legislation and Any collective agreement included in the contract,

(iv)

Ensure, to the extent practicable, that the shipowner has the means to avoid the abandonment of seafarers in a foreign port,

(v)

Review and respond to any complaints concerning their activities and notify the competent authority of the complaints for which no solution has been found,

(vi)

Put in place a system of protection, in the form of an insurance or an appropriate equivalent measure, to compensate seafarers who have suffered pecuniary losses as a result of the recruitment and placement service or the shipowner The maritime commitment contract has not fulfilled its obligations to them.

6. The competent authority shall supervise and closely monitor all recruitment and placement services of seafarers operating in the territory of the Member concerned. Licences or other authorisations to manage a private service in the territory shall be granted or renewed only after verification that the recruitment and placement service concerned fulfils the conditions laid down in the National legislation.

7. The competent authority shall ensure that appropriate mechanisms and procedures exist to investigate, if necessary, complaints relating to the activities of seafarers' recruitment and placement services, with the assistance of There are representatives of shipowners and seafarers.

8. Any Member shall, as far as possible, inform its nationals of problems which may result from a commitment on a ship flying the flag of a State which has not ratified this Convention, as long as it is not established that Standards equivalent to those laid down by this Convention shall be applied. The measures taken to that effect by the Member which has ratified the Convention shall not be in contradiction with the principle of the free movement of workers laid down in the Treaties to which the two States concerned may be parties.

9. Every Member shall require that shipowners of vessels flying its flag which use recruitment and placement services of seafarers established in countries or territories to which this Convention does not apply shall ensure, in To the extent possible, that these services comply with the requirements of this standard.

10. Nothing in this Standard shall reduce the obligations and liabilities of shipowners or a Member in respect of ships flying its flag.

Guiding Principle B1.4 Recruitment and placement

Guiding Principle B1.4.1 Organizational and Operational Directives

1. In carrying out its obligations under s. 1 of A1.4, the competent authority should consider:

(a)

Take the necessary measures to promote effective cooperation between the recruitment and placement services of seafarers, be they public or private;

(b)

Take into account, with the participation of shipowners, seafarers and training establishments concerned, the needs of the maritime sector, at national and international levels, in the development of training programmes for seafarers Who on board have responsibilities in the safety of navigation and the prevention of pollution;

(c)

To make appropriate arrangements for the cooperation of representative organisations of shipowners and seafarers in the organisation and operation of public services for the recruitment and placement of seafarers, where they exist;

(d)

To determine, with due regard to the respect of privacy and the need to protect confidentiality, the conditions under which personal data on seafarers can be processed by recruitment and placement services Seafarers, including the collection, retention, duplication and disclosure of these data to third parties;

(e)

Have a mechanism for collecting and analysing relevant information on the maritime labour market, in particular on the current and foreseeable supply of seafarers, classified by age, gender, grade and qualifications, as well as on the The needs of the sector, the collection of data on age or sex being eligible for statistical purposes only or if used as part of a programme to prevent discrimination on grounds of age or sex;

(f)

Ensure that the staff responsible for supervising public and private recruitment and placement services of seafarers who, on board, have responsibilities in the safety of navigation and the prevention of pollution Properly trained, having acquired, among other things, a recognized experience in marine service, and having an appropriate knowledge of the maritime sector, including international maritime instruments on training, certificates of Capacity and labour standards;

(g)

Prescribe operational standards and adopt codes of conduct and ethical practices for the recruitment and placement services of seafarers;

(h)

Exercising control of the licensing or licensing system within the framework of a system of quality standards.

2. During the implementation of the system referred to in par. 2 of the A1.4 standard, any Member should consider requiring the recruitment and placement services of seafarers established in its territory to develop and maintain auditable operating practices. These operating practices for the private recruitment and placement services of seafarers and, to the extent that they are applicable, for public recruitment and placement services of seafarers should relate to points Following:

(a)

Medical examinations, seafarers' identification documents and any other formalities to be met in order to obtain employment;

(b)

The maintenance, in the respect of privacy and confidentiality, of comprehensive and detailed records of seafarers covered by their recruitment and placement system, which should at least include the following information:

(i)

Qualifications of seafarers,

(ii)

Their service states,

(iii)

Personal data relevant to employment,

(iv)

Medical data relevant to employment;

(c)

The maintenance of lists of vessels to which the recruitment and placement services provide seafarers and the assurance that there is a way to contact these services at any time in the event of an emergency;

(d)

Procedures to ensure that seafarers' recruitment and placement services or their staff do not operate seafarers when it comes to obtaining a commitment on board a particular ship or company;

(e)

Procedures to deal with the risks of exploitation of seafarers which may result from the payment of advances on wages or any other financial transaction between the shipowner and seafarers and treated by the recruitment services And placement;

(f)

The need to make clear the costs that seafarers may have to bear when recruiting;

(g)

The need to ensure that seafarers are informed of any special conditions applicable to the work for which they are to be engaged, as well as the policies adopted by the shipowner with regard to their employment;

(h)

Procedures established to deal with cases of incompetence or indiscipline in accordance with the principles of fairness, national legislation and practice and, where appropriate, collective agreements;

(i)

Procedures to ensure, to the extent practicable, that all mandatory certificates and documents submitted by seafarers for employment are up to date and have not been fraudulently obtained, and that references Professional are audited;

(j)

Procedures to ensure that requests for information or advice by relatives of seafarers when seafarers are on board are processed without delay, with benevolence and without charge;

(k)

The verification that the working conditions on board vessels on which seafarers are placed are in accordance with the applicable collective agreements between a shipowner and a representative organisation of seafarers, and Principle, the provision of seafarers to ship owners only who offer conditions of employment in accordance with applicable legislation or collective agreements.

3. International cooperation between Members and interested organizations could be encouraged, in particular as regards:

(a)

The systematic exchange of information on the maritime sector and the maritime labour market on a bilateral, regional and multilateral basis;

(b)

The exchange of information on maritime labour legislation;

(c)

Harmonization of policies, working methods and legislation governing the recruitment and placement of seafarers;

(d)

Improving international procedures and conditions for the recruitment and placement of seafarers;

(e)

Workforce planning given the supply and demand of seafarers and the needs of the marine sector.

Subject: Ensuring a fair maritime contract for seafarers

1. The terms and conditions of employment of a sailor shall be defined or mentioned in a contract drawn up in clear terms, having binding force, and shall be in accordance with the standards laid down in the code.

2. The contract of maritime engagement must be approved by the seafarer under such conditions as the person concerned has the opportunity to examine the terms and conditions, to seek advice in this respect and to accept them freely before signing.

3. To the extent permitted by the Member's legislation and practice, the contract of maritime engagement shall be understood to include applicable collective agreements.

A2.1 Standard Maritime Engagement Contract

1. Every Member shall adopt legislation requiring vessels flying its flag to comply with the following requirements:

(a)

On board vessels flying its flag, seafarers must be in possession of a maritime commitment contract signed by the seafarer and the shipowner or his representative, or, where they are not employed, a document attesting to the existence of a maritime Contractual or assimilable arrangement, guaranteeing them decent working and living conditions on board as required by this Convention;

(b)

Seafarers signing a contract of maritime engagement shall be able to examine the document in question and seek advice before signing it and have any other facility to ensure that they are freely linked by being duly informed of Their rights and responsibilities;

(c)

The shipowner and the sailor have one and the other original signed from the contract of maritime engagement;

(d)

Measures are taken to ensure that seafarers, including the captain of the ship, can obtain precise information on the conditions of their employment on board, without difficulty, and for the officials of the competent authority, including In the ports where the vessel is calling, may also access this information, including the copy of the contract of maritime engagement;

(e)

Any sailor receives a document stating his or her service on board the ship.

2. Where the contract of maritime engagement is set up for all or part by a collective agreement, a copy of that agreement shall be made available on board. Where the contract of maritime engagement and applicable collective agreements are not in English, the following documents shall be made available in English, except on ships assigned only to domestic journeys:

(a)

A copy of a standard contract;

(b)

The parts of the collective agreement which give rise to an inspection by the port State in accordance with the provisions of Rule 5.2 of this Convention.

3. The document referred to in par. 1 (e) of this Standard does not contain any assessment of the quality of the work of the sailor and no indication of his salary. The national legislation shall determine the form of the document, the references therein and the manner in which it is recorded.

4. Any Member shall adopt legislation setting out the particulars to be included in all contracts of maritime commitment governed by national law. The maritime commitment contract shall include in all cases the following particulars:

(a)

The full name of the sailor, date of birth or age, and place of birth;

(b)

The name and address of the ship;

(c)

The place and date of the conclusion of the contract of maritime engagement;

(d)

The function to which the sailor is to be assigned;

(e)

The amount of the seafarer's salary or the formula used to calculate it;

(f)

The annual leave with pay or the formula used to calculate it;

(g)

The term of the contract and the terms of its termination, including:

(i)

If the contract is concluded for an indefinite period, the conditions under which each party may denounce it and the period of notice, which must not be shorter for the shipowner than for the sailor;

(ii)

If the contract is for a fixed term, the expiry date;

(iii)

If the contract is concluded for a voyage, the port of destination and the time limit at which the commitment of the sailor ceases after arrival at destination;

(h)

Health and social security benefits to be provided to the sailor by the vessel;

(i)

The right of the sailor to repatriation;

(j)

The reference to the collective agreement, if any;

(k)

Any other information that national legislation may impose.

5. Any Member shall adopt legislation establishing minimum periods of notice given by seafarers and by shipowners for the early termination of the contract of maritime engagement. These periods of notice shall be fixed after consultation with the shipowners and seafarers' organisations concerned and shall not be less than seven days.

6. An advance notice of less than a minimum period may be given in the circumstances recognised by the national legislation or by the relevant collective agreements as justifying the termination of the commitment contract with shorter notice Or without notice. In determining these circumstances, the Member shall ensure that the requirement for the sailor to terminate, without penalty, the contract of engagement with shorter notice or without prior notice, on humanitarian grounds or on other grounds of urgency, shall be taken In consideration.

Guiding Principle B2.1 Maritime Engagement Contract

Guiding Principle B2.1.1 Service States

1. With respect to the information to be included in the statements of service referred to in s. 1 (e) of the A2.1 standard, any Member should ensure that the document in question contains sufficient information, accompanied by their translation into English, to facilitate access to another job or to satisfy the conditions of service At sea required for promotion or promotion purposes. A landing booklet may meet the requirements of s. 1 (e) of this standard.

Purpose: to provide seafarers with compensation for their services

1. All seafarers must be paid for their work regularly and in full in accordance with their contract of engagement.

A2.2 Standard Salaries

(1) Any Member shall require that the sums owed to seafarers on board ships flying its flag be paid at intervals not exceeding one month and in accordance with the provisions of the relevant collective agreements.

2. Seafarers receive a monthly statement of the amounts owed to them and of the amounts paid to them, on which the salaries, supplementary payments and the exchange rate applied if the payments were made in A currency or at a rate distinct from those that had been agreed upon.

3. Any Member shall require the shipowner to take measures, such as those mentioned in s. 4 of this standard, in order to give seafarers the possibility of sending part or all of their remuneration to their families, to their dependants or to their dependants.

4. The measures to be taken to ensure that seafarers can send their remuneration to their families include the following:

(a)

A system enabling seafarers to request, at the time of taking up their duties or in the course of employment, that part of their salaries be paid regularly to their families, by bank transfer or by similar means;

(b)

The requirement that these transfers be made in a timely manner and directly to the person or persons designated by seafarers.

5. Any fees charged for the service referred to in s. 3 and 4 of this Standard shall be of a reasonable amount and, unless otherwise provided, the applied exchange rate shall, in accordance with the national law, correspond to the current market rate or the published official rate and not be Unfavourable to the sailor.

6. Any Member who adopts laws or regulations governing the wages of seafarers shall give due consideration to the application of the guiding principles set out in Part B of the Code.

Guiding Principle B2.2 Salaries

Guiding Principle B2.2.1 Specific Definitions

For the purposes of this guiding principle:

(a)

Qualified deckhand Means any sailor who is deemed to have the professional competence necessary to carry out any task which may be required of a deckhand assigned to the bridge service, other than the tasks of the supervisory or specialised staff, or any Marine defined as such by national law or practice or under a collective agreement;

(b)

Basic salary or pay Means the remuneration received, irrespective of the elements, for a normal period of work, which excludes the payment of overtime, bonuses or gratuities, allowances, paid leave and other complementary fees;

(c)

Lump sum salary Means a salary consisting of the base salary and other salary-related benefits; the lump-sum salary may include remuneration for all overtime worked and any other salary-related benefits, or may include: Certain benefits in the case of a partial plan;

(d)

Job duration Refers to the time that seafarers are required to work for the ship;

(e)

Overtime hours Refers to hours worked in excess of the normal working time.

Guiding Principle B2.2.2 Calculating and paying

1. For seafarers who receive separate remuneration for overtime worked:

(a)

The normal duration of work at sea and port should not, for the purpose of calculating the salary, be more than eight hours per day;

(b)

For the purpose of calculating overtime, the normal duration of work per week, remunerated by salary or basic pay, should be fixed by national legislation, provided that it is not fixed by collective agreements; It should not exceed 48 hours; collective agreements may provide for a different but no less favourable treatment;

(c)

The rate or rates of pay for overtime, which should in all cases be at least 25 % above the hourly rate of pay or basic pay, should be prescribed by national law or by convention Collective, as applicable;

(d)

The master, or a person designated by him, should keep a record of all overtime worked; this register should be marred by the mariner at intervals not exceeding one month.

2. For seafarers whose salary is wholly or partly flat:

(a)

The maritime commitment contract should clearly specify, where applicable, the number of hours of work to be paid by the seafarer for the intended remuneration, as well as any additional allowances that may be payable to it in addition to Lump sum salary and in which cases;

(b)

When overtime is payable for hours worked in excess of the hours covered by the lump sum salary, the hourly rate should be at least 25 % more than the basic hourly rate corresponding to the normal working time Of the job as defined in s. 1 of this guiding principle; the same principle should be applied to overtime covered by the lump sum salary;

(c)

For the part of the salary in whole or in part which corresponds to the normal working time, as defined in par. 1 (a) of this guiding principle, remuneration should not be less than the applicable minimum wage;

(d)

For seafarers whose salary is partially flat, records of all overtime worked should be kept and kept as provided for in s. 1 (d) of this guiding principle.

3. National legislation or collective agreements may provide that overtime or work performed on a weekly day of rest or holidays shall be compensated by a period of at least equivalent exemption from Service and presence on board or by additional leave in lieu of remuneration or by any other compensation that they may provide.

4. National legislation adopted after consultation with the representative organisations of shipowners and seafarers or, as the case may be, collective agreements should take account of the following principles:

(a)

The principle of equal pay for work of equal value should be applied to all seafarers working on the same vessel, without discrimination on the grounds of race, colour, sex, religion, political opinion, National or social origin;

(b)

The contract of maritime engagement specifying the amount or the rate of wages should be available on board; information on the amount of wages or their rates should be kept at the seafarer's disposal by giving them at least one copy Signed the relevant information in a language that it understands, or by placing a copy of the contract in a place accessible to the crew, or by any other appropriate means;

(c)

Salaries should be paid in a legal tender currency, if applicable by bank transfer, bank or postal cheque or order of payment;

(d)

At the end of the undertaking, any remaining remuneration should be paid without undue delay;

(e)

Appropriate sanctions or other appropriate measures should be taken by the competent authority against any shipowner who would unduly delay or make payment of any remuneration due;

(f)

Salaries should be paid directly to the bank account designated by the seafarer, unless it has requested in writing that it is otherwise;

(g)

Subject to the provisions of the Act. (h) of this paragraph, the shipowner shall not restrict in any way the freedom of the sailor to dispose of his or her salary;

(h)

Deductions from wages should only be allowed if:

(i)

That is expressly provided for in the national legislation or a relevant collective agreement and the seafarer has been informed, in the manner in which the competent authority considers the most appropriate, of the conditions under which such deductions are made;

(ii)

They do not exceed the limit, if any, established by national legislation, collective agreements or judicial decisions;

(i)

No deduction should be made on the remuneration of the seafarer for the purpose of obtaining or preserving a job;

(j)

Fines should not be imposed on seafarers other than those permitted by national legislation, collective agreements or other provisions;

(k)

The competent authority should be empowered to inspect the stores and services available on board in order to ensure that they have fair and reasonable prices in the interests of the seafarers concerned;

(l)

Workers' claims relating to their wages and other sums due in respect of their employment, to the extent that they are not guaranteed in accordance with the International Convention on Maritime Privileges and Mortgages, 1993, Should be protected by a privilege, in accordance with Convention No. ^O 173 on the protection of workers' claims in the event of the insolvency of their employer ¹ , 1992.

5. Any Member should, after consulting the representative organisations of shipowners and seafarers, establish procedures for investigating complaints relating to all matters covered by this guiding principle.

Guiding Principle B2.2.3 Minimum wages

Without prejudice to the principle of free collective bargaining, any Member should establish, after consultation with the representative organisations of shipowners and seafarers, procedures for the fixing of minimum wages for seafarers. The representative organisations of shipowners and seafarers should be involved in the operation of these procedures.

2. In establishing such procedures and setting minimum wages, due consideration should be given to international labour standards on minimum wages and the following principles:

(a)

The level of minimum wages should take into account the nature of maritime employment, the number of ships and the normal working hours of seafarers;

(b)

The level of minimum wages should be adjusted to the changes in the cost of living and the needs of seafarers.

3. The competent authority should ensure:

(a)

Through a system of controls and sanctions, that the salaries paid are not less than the established rates;

(b)

That any sailor who has been paid at a rate below the minimum rate may recover, through judicial or other proceedings, accelerated and inexpensive, the amount that remains owed to him.

Guiding Principle B2.2.4 Minimum monthly salary or base balance of qualified seamen

1. The basic salary or pay for a calendar month of service of a qualified seaman should not be less than the amount established periodically by the Joint Maritime Committee or by another body authorized to do so by the Council Of the ILO. Upon decision of the Governing Council, the Director General shall notify any revision of the amount so established to the Members of the ILO.

2. Nothing in this guiding principle should be interpreted as affecting agreements between shipowners, or their organisations, and seafarers' organisations with regard to the regulation of minimum employment conditions, Reserves that these conditions are recognised by the competent authority.

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Purpose: to provide seafarers with a regulated working or rest period

1. Every Member shall ensure that the duration of work or rest of seafarers is regulated.

(2) A Member shall set a maximum number of hours of work or a minimum number of rest hours over a specified period in accordance with the provisions of the Code.

A2.3 Standard Duration of work or rest

For the purposes of this Standard:

(a)

Hours of work Refers to the time during which the sailor is required to do work for the ship;

(b)

Rest hours Is the time that is not included in the duration of the job; this expression does not include short-term interrupts.

2. Within the limits indicated in s. 5 to 8 of this Standard, any fixed member shall be the maximum number of hours of work which shall not be exceeded during a specified period of time, or the minimum number of hours of rest to be granted during a specified period.

3. Any Member acknowledges that the standard of working hours for seafarers, as for other workers, is eight hours, with one day of rest per week, plus rest corresponding to holidays. However, there is nothing to prevent a Member from adopting provisions to authorise or register a collective agreement which sets out the normal working hours of seafarers on a basis which is no less favourable than that standard.

4. In defining national standards, a Member shall take into account the dangers of excessive fatigue of seafarers, in particular those whose tasks affect the safety of navigation and the safety and security of The operation of the vessel.

5. The limits of hours of work or rest shall be established as follows:

(a)

The maximum number of working hours shall not exceed:

(i)

14 hours per 24 hour period;

(ii)

72 hours per seven day period;

Or

(b)

The minimum number of rest hours must not be less than:

(i)

10 hours per 24 hour period;

(ii)

77 hours per seven day period.

6. Rest hours shall not be divided into more than two periods, one of which shall be for at least six hours, and the interval between two consecutive periods of rest shall not exceed 14 hours.

7. Gatherings, fire and evacuation drills and exercises prescribed by national legislation and by international instruments shall be conducted in such a way as to prevent the disturbance of rest periods and Do not cause fatigue.

8. When a sailor is on call, for example when a machinery space is without human presence, he shall have an adequate compensatory rest period if the normal rest period is disturbed by calls.

9. If there is no collective agreement or arbitral award or if the competent authority decides that the provisions of the collective agreement or arbitral award are insufficient in respect of subs. 7 and 8 of this Standard, the competent authority shall lay down provisions to ensure adequate rest for seafarers.

10. Every Member shall require that a table showing the organisation of work on board be displayed in an easily accessible location, which shall indicate for each function at least:

(a)

The sea and port service program;

(b)

The maximum number of hours of work or the minimum number of hours of rest prescribed by the applicable national legislation or collective agreements.

11. The table referred to in paragraph 1. 10 of this standard shall be based on a standard model in the ship's working language (s) and in English.

Every Member shall require that records of the daily hours of work or rest of seafarers shall be kept in order that it is possible to ensure compliance with the s. 5 to 11 of this standard. Such registers shall follow a standard model established by the competent authority taking into account the available ILO guidelines or any standard ILO model. They are in the languages indicated in par. 11 of this Standard. The sailor shall receive a copy of the entries in the registers concerning him, which shall be raised by the master, or by a person authorized by the latter, as well as by the sailor.

13. Nothing in paras. 5 and 6 of this Standard shall not prevent a Member from adopting national legislation or a procedure enabling the competent authority to authorise or register collective agreements providing for derogations from the limits laid down. Such derogations shall, to the extent possible, be in accordance with the provisions of this Standard but may take into account more frequent or longer periods of leave, or the granting of compensatory leave to the seafarers of the quarter or Seafarers working on ships engaged in short-term travel.

14. Nothing in this standard shall affect the right of the master of a ship to require a sailor for the hours of work necessary to ensure the immediate safety of the ship, persons on board or cargo or to provide relief to others Ships or persons in distress at sea. Where appropriate, the master may suspend normal working hours or rest periods and require a sailor to complete the necessary hours of work until such time as he or she returns to normal conditions. As soon as practicable after returning to a normal situation, the master shall ensure that any sailor who has performed work while in a normal rest period is entitled to an adequate rest period.

Guiding Principle B2.3 Duration of work or rest

Guiding Principle B2.3.1 Young seafarers

1. At sea and at sea, the following provisions should apply to all young seafarers under the age of 18:

(a)

The work schedule should not exceed eight hours a day or 40 hours per week and the persons concerned should only work overtime when this is unavoidable for security reasons;

(b)

A sufficient break should be given for each meal and a break of at least one hour should be provided to take the main meal;

(c)

A rest period of 15 minutes as soon as possible after the end of a two-hour working period should be ensured.

2. Exceptionally, the provisions of subs. 1 of this guiding principle may not be applied where:

(a)

It is not possible to reconcile them with the service of a quarter of young seafarers at the bridge, the machines or the general service, or when the work organised by a team does not permit it;

(b)

The effective training of young seafarers, according to established curricula and study plans, could be compromised.

3. Such exceptions should be recorded, with reasons, and signed by the master.

4. Le par. 1 of this guiding principle does not relieve young seafarers from the general obligation, made to all seafarers, to work in any emergency situation in accordance with the provisions of s. 14 of A2.3.

Purpose: to provide seafarers with appropriate leave

(1) Every Member shall require that seafarers employed on vessels flying their flag be entitled to paid annual leave in accordance with the provisions of the Code.

2. Land permits are granted to seafarers in the interests of health and well-being as long as they are compatible with the practical requirements of their function.

A2.4 Standard Right to leave

1. Every Member shall adopt legislation which shall determine the minimum annual leave standards applicable to seafarers engaged on vessels flying its flag, taking due account of the special needs of seafarers in respect of leave.

2. Subject to the provisions of any collective agreement or legislation providing for an appropriate method of calculation taking into account the special needs of seafarers in this respect, annual paid leave shall be calculated on the basis of a minimum of 2.5 Calendar days of employment. The method of calculation of the period of service shall be determined by the competent authority or the appropriate body in each country. Sjustified work absences are not counted as vacation leave.

3. Any agreement concerning the waiver of the right to annual minimum paid leave as defined in this Standard, except in the cases provided for by the competent authority, shall be prohibited.

Guiding Principle B2.4 Right to leave

Guiding Principle B2.4.1 Calculating permissions

1. Under the conditions laid down by the competent authority or by the appropriate body in each country, any period of service outside the maritime commitment contract should be counted in the period of service.

2. In accordance with the conditions laid down by the competent authority or laid down in a relevant collective agreement, absences from work to participate in a registered course of maritime vocational training or for reasons such as sickness or Accident, or because of maternity, should be counted in the period of service.

The level of pay during the annual leave should be that of the normal remuneration of the seafarer as established by the applicable national legislation or maritime commitment contract. In the case of seafarers employed for periods of less than one year or in the event of termination of the employment relationship, the pay of the leave should be prorated.

4. Should not be counted in the annual leave with pay:

(a)

Official and customary holidays recognised as such in the flag State, whether or not they are in the period of paid annual leave;

(b)

Periods of incapacity for work resulting from diseases or accidents, or on grounds of maternity, under conditions determined by the competent authority or by the appropriate body in each country;

(c)

Temporary land permissions granted to seafarers during the contract of engagement;

(d)

Compensatory leave of any kind, under the conditions determined by the competent authority or by the appropriate body in each country.

Guiding Principle B2.4.2 Taking of Vacation Leave

The time at which the leave will be taken should be determined by the shipowner after consultation and, to the extent possible, with the agreement of the interested seafarers or their representatives, unless it is fixed by regulation, By collective agreement, by arbitration award or otherwise in accordance with national practice.

2. Seafarers should in principle have the right to take their annual leave at the place where they have effective ties, that is to say, in general, to the place where they are entitled to be repatriated. Seafarers should not be required, without their consent, to take the annual leave due to them at another location, except in accordance with the provisions of the maritime commitment contract or national legislation.

Seafarers who are required to take their annual leave when they are in a place other than the place authorized by s. 2 of this guiding principle should be entitled to free transportation to the place closest to their home, be it the place of engagement or the place of recruitment; their maintenance and other costs in direct connection with that location. Travel should be the responsibility of the shipowner, and travel time should not be deducted from the annual leave with pay due to them.

4. Seafarers on annual leave should be recalled only in cases of extreme urgency and with their agreement.

Guiding Principle B2.4.3 Split and Rollup

1. The splitting of annual leave with pay or the accumulation of leave earned in a year with a subsequent leave may be authorized by the competent authority or by the appropriate body in each country.

2. Subject to the provisions of subs. 1 of this guiding principle, and unless otherwise agreed by an agreement between the shipowner and the seafarers concerned, the annual leave with pay recommended in this guiding principle should be an uninterrupted period.

Guiding Principle B2.4.4 Young seafarers

1. Specific measures should be considered for any sailor under the age of 18 who has served for six months, or any other lesser period under a collective agreement or contract of maritime engagement, without on-board leave A ship going abroad, which is not returned to the country where it is domiciled during that period and will not return it during the following three months of travel. Such measures could include giving him the right to be repatriated, at no cost to himself, instead of his original commitment in the country of his domicile so that he could take the accumulated leave during the journey.

Purpose: to provide seafarers with the opportunity to return home

1. Seafarers have the right to be repatriated without charge for themselves in the cases and under the conditions specified in the code.

2. Every Member shall require ships flying its flag to provide a financial guarantee to ensure that seafarers are duly repatriated, in accordance with the Code.

A2.5 Standard Repatriation

1. Every Member shall ensure that seafarers on ships flying their flag have the right to be repatriated in the following cases:

(a)

When the marine engagement contract expires while the interested parties are outside Canada;

(b)

When the maritime commitment contract is terminated:

(i) by the person; or

(ii) by the sailor for justified reasons;

(c)

When the sailor is no longer in a position to perform the duties provided for in the maritime undertaking contract or where he is not able to be asked to exercise them in the light of special circumstances.

(2) Every Member shall ensure that appropriate provisions are provided for in its legislation or other measures or in collective agreements, prescribing:

(a)

Cases in which seafarers have the right to be repatriated, in accordance with s. 1 (b) and (c) of this Standard;

(b)

The maximum duration of the boarding periods at the end of which seafarers are entitled to repatriation; these periods must be less than twelve months;

(c)

Details of the rights to be granted by the shipowner in relation to repatriation, including the destinations of repatriation, the mode of transport, the expenses to be taken care of, and other arrangements it is responsible for taking.

(3) Every Member shall prohibit the shipowner from requiring the sailor, at the beginning of his employment, to cover the costs of his repatriation and, also, to recover from the sailor repatriation costs on his salary or other rights, Unless the person concerned has been recognized, in accordance with national law, other provisions or applicable collective agreements, guilty of a serious breach of the obligations of his employment.

4. National legislation shall not preclude the right of the shipowner to recover the cost of repatriation under contractual arrangements with third parties.

5. If a shipowner fails to make arrangements for the repatriation of a sailor who is entitled to it or to pay for it:

(a)

The competent authority of the flag State shall organise the repatriation of the seafarer; if it fails to do so, the State from whose territory the seafarer is to be repatriated or the State of which he is a national may organise the repatriation and recover Costs to the flag State;

(b)

The flag State may recover from the shipowner the costs incurred for the repatriation of the sailor;

(c)

The costs of repatriation shall under no circumstances be borne by the sailor, except under the conditions laid down in subs. 3 of this Standard.

6. Taking into account the applicable international instruments, including the 1999 International Convention on the Conservation of Ships ¹ , a Member who has paid the cost of repatriation in accordance with the provisions of the Code may restrain the vessels of the shipowner concerned, or request their capital property, until the reimbursement is made in accordance with the provisions of subs. 5 of this standard.

7. Any Member shall facilitate the repatriation of seafarers serving on vessels calling at its ports or through its territorial or inland waters, as well as their replacement on board.

8. In particular, a Member shall not deny a seaman the right to be repatriated as a result of the financial situation of a shipowner or on the ground that he or she is unable or unwilling to replace the person concerned.

9. Any Member requires that, on vessels flying its flag, a copy of the national provisions applicable to repatriation be held and made available to seafarers in the appropriate language.

Guiding Principle B2.5 Repatriation

Guiding Principle B2.5.1 Conditions for repatriation

1. Any sailor should have the right to be repatriated:

(a)

In the case provided for in par. 1 (a) of the A2.5 standard, at the end of the period of notice given in accordance with the provisions of the Maritime Engagement Agreement;

(b)

In the cases provided for in s. 1 (b) and (c) of A2.5:

(i)

In the case of illness or accident or for another medical reason which requires the repatriation of the sailor when he is medically fit to travel,

(ii)

In the case of shipwreck,

(iii)

When the shipowner is no longer able to fulfil his legal or contractual obligations to the sailor for the reason of insolvency, the sale of the ship, the change of registration of the ship, or any other similar reason,

(iv)

When a ship is bound to a war zone, as defined by national legislation or the maritime engagement contract, where the sailor does not agree to surrender,

(v)

In the event of termination or suspension of the use of the seafarer in accordance with an arbitral award or collective agreement, or in the event of termination of employment for any other similar reason.

2. In order to determine the maximum periods of embarkation at the end of which the sailor is entitled to repatriation, in accordance with this Code, consideration should be given to factors affecting the seafarer's work environment. Any Member should, to the greatest extent possible, endeavour to reduce these durations in accordance with changes and developments in technology and could be guided by the recommendations of the Maritime Joint Committee on this matter.

3. In accordance with the A2.5 standard, the costs borne by the shipowner in the event of repatriation should include at least:

(a)

Travel to the destination chosen for repatriation in accordance with par. 6 of this guiding principle;

(b)

The accommodation and food of the sailor from the time he leaves the ship until arrival at the destination of repatriation;

(c)

Compensation and compensation from the time the sailor leaves the vessel until arrival at the destination of repatriation if this is provided for by national legislation or collective agreements;

(d)

The transport of 30 kilograms of personal luggage from the seaman to the destination of repatriation;

(e)

Medical treatment, if necessary, until the condition of the sailor's health permits it to travel to its destination of repatriation.

4. The time spent waiting for repatriation and the duration of the journey should not be deducted from the paid leave the sailor has acquired.

5. The shipowner should continue to bear the cost of repatriation until the sailor is landed at a destination fixed in accordance with this Code, or until he obtains suitable employment on board a ship These destinations.

6. Any Member should provide that the shipowner will be responsible for organising the repatriation by appropriate and rapid means. Air transport should be the normal mode of transport. The Member should prescribe the destinations to which seafarers may be repatriated. These destinations should include countries with which seafarers are deemed to have effective ties, including:

(a)

The place where the sailor has agreed to commit;

(b)

The place stipulated by collective agreement;

(c)

The country of residence of the sailor;

(d)

Any other place agreed upon by the parties at the time of the undertaking.

7. The seaman should have the right to choose, from among the prescribed destinations, the place to which he is to be repatriated.

8. The right to repatriation may expire if the interested sailor does not claim it within a reasonable period of time defined by national legislation or collective agreements.

Guiding Principle B2.5.2 Implementation by Members

1. All possible practical assistance should be provided to the sailor remaining in a foreign port pending his repatriation and, when he is late to be repatriated, the competent authority of the foreign port should ensure that the representative Consular or the local representative of the flag State and of the State of which the sailor is a national or of the State in which he resides are informed immediately.

2. Any Member should in particular ensure that satisfactory arrangements exist:

(a)

For any sailor employed on a ship flying the flag of a foreign country to be repatriated when he is landed in a foreign port for a cause of which he is not responsible:

(i)

To the port of engagement,

(ii)

To a port of the State of which he is a national or of the State in which he resides, as the case may be,

(iii)

To any other port fixed by agreement between the person concerned and the master or the shipowner, with the approval of the competent authority or subject to other appropriate guarantees;

(b)

For any sailor employed on a ship flying the flag of a foreign country to receive medical care and maintenance services when he is disembarked at a foreign port by reason of a disease or accident which has occurred, without fault To the service of the ship.

3. If it appears that after having served on a ship for at least four months during his first foreign voyage a sailor under 18 years of age is not fit for life at sea, he should have the opportunity to be repatriated, free of charge for The first lay port in which there are consular services of the flag State of the ship or of the state whose young sailor is a national or of the state in which he resides. The repatriation carried out under the above conditions and its reasons should be notified to the authorities who issued the document which allowed the young sailor to embark.

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Purpose: to ensure that seafarers are compensated in the event of loss of the ship or shipwreck

1. Seafarers are entitled to adequate compensation in the event of injury, loss or unemployment resulting from the loss of the ship or the shipwreck.

A2.6 Standard Indemnification of seafarers in the event of loss of ship or shipwreck

1. Every Member shall make arrangements so that, in the event of loss of the ship or shipwreck, the shipowner shall pay to each seaman on board an allowance to deal with the unemployment resulting from the loss or sinking.

2. The provisions of s. 1 of this Standard shall be without prejudice to any other rights that seafarers may have under the national law of the Member concerned in the event of loss or damage arising from the loss of the ship or the shipwreck.

Guiding Principle B2.6 Indemnification of seafarers in the event of loss of ship or shipwreck

Guiding Principle B2.6.1 Calculation of unemployment benefit

1. The unemployment benefit resulting from the loss of the ship or the shipwreck should be paid for all the days of the actual period of unemployment of the seafarer at the rate of pay payable under the commitment contract, but the total amount of The allowance payable to each seaman may be limited to two months' pay.

2. Any Member should ensure that seafarers may have recourse, for the recovery of such allowances, to the same legal procedures as for the recovery of arrears of wages earned during the service.

Purpose: to ensure that seafarers are employed on board ships with sufficient numbers to ensure the safety, efficiency and safety of the operation of ships

1. Every Member shall require that all vessels flying its flag be equipped with a sufficient number of seafarers employed on board to ensure the safety and efficiency of the operation of the vessel, with the necessary attention being given to the safety, Whatever the circumstances, given the concern to avoid too much tiredness to seafarers and the nature and special conditions of the voyage.

A2.7 Standard Staff

1. Every Member shall require that all vessels flying its flag shall have on board sufficient personnel to ensure the safety and efficiency of the operation of the ships, with the necessary attention being given to safety. Every ship shall have on board a crew sufficient, in number and in quality, to ensure the safety and security of the vessel and its personnel, irrespective of the conditions of operation, in accordance with the document specifying the minimum number of personnel Security or any equivalent document established by the competent authority, and in order to comply with the standards of this Convention.

2. In order to determine, approve or revise the staff of a ship, the competent authority shall take into account the need to avoid or restrict excessive working time in order to ensure adequate rest and to limit fatigue, as well as Principles set out in the relevant international instruments, in particular those of the IMO.

3. When determining the workforce, the competent authority shall take into account all the requirements of Rule 3.2 and the A3.2 standard for food and table service.

Guiding Principle B2.7 Staff

Guiding Principle B2.7.1 Dispute Settlement

1. Any Member should establish or verify that there is an effective mechanism for investigating and resolving complaints or disputes relating to the establishment of a ship.

2. Representatives of shipowners and seafarers' organisations should participate, with or without other persons or authorities, in the operation of this mechanism.

Purpose: to promote the development of career and vocational skills and the employment opportunities of seafarers

1. Every Member must have national policies to promote employment in the maritime sector and to encourage career development and the development of professional skills and the improvement of employment opportunities Seafarers domiciled in its territory.

A2.8 Standard Career development and professional skills and employment opportunities for seafarers

1. Every Member must have national policies to encourage the development of career and vocational skills, as well as the employment opportunities of seafarers, so that the maritime sector is provided with a workforce Stable and competent.

2. The policies referred to in s. 1 of this standard is intended to help seafarers to strengthen their skills, qualifications and employment opportunities.

3. Any Member, after consulting the shipowners and seafarers' organisations concerned, shall set clear objectives for the vocational guidance, education and training of seafarers whose duties on board the ship are Primarily concerned with the safety of the operation and navigation of the vessel, including in the area of continuous training.

Guiding Principle B2.8 Career development and professional skills and employment opportunities for seafarers

Guiding Principle B2.8.1 Measures to promote the development of career and vocational skills and employment opportunities for seafarers

The measures to be taken to achieve the objectives set out in the A2.8 standard could include the following:

(a)

Agreements on career development and training with a shipowner or a boarding party;

(b)

Provisions to promote employment by establishing and maintaining registers or lists, by category, of qualified seafarers;

(c)

The promotion of opportunities, on board and on land, of professional development of seafarers in order to develop their professional skills and equip them with transferable skills, with a view to enabling them to find decent work and To keep it, to improve the employment prospects of each and to adapt to changes in technology and labour market conditions in the maritime sector.

Guiding Principle B2.8.2 Seafarers' Register

1. Where registers or lists govern the employment of seafarers, such registers and lists should include all professional categories of seafarers in accordance with procedures laid down by national law or practice Collective agreements.

2. Seafarers enrolled in such a register or list should have a priority of commitment to navigation.

Seafarers enrolled in such a register or list should be prepared to work in accordance with national legislation or practice or collective agreements will determine.

4. To the extent that national legislation permits, the staff of the registers and lists of seafarers should be revised periodically in order to set it at a level corresponding to the needs of the maritime sector.

5. Where a reduction in the establishment of such a register or list becomes necessary, all relevant measures should be taken to prevent or mitigate its adverse effects on seafarers, taking into account the situation Economic and social development of the country.

Purpose: to ensure that seafarers have decent accommodation and leisure facilities

1. Every Member shall ensure that vessels flying its flag provide and maintain for seafarers working and living on board decent accommodation and leisure facilities in order to promote their health and well-being.

2. The provisions of the Code implementing this Rule relating to the construction and equipment of ships shall apply only to ships constructed on or after the date of entry into force of this Convention for the Member concerned. For ships built before that date, the requirements for the construction and equipment of ships set out in Convention No. ^O 92 on crew housing (revised), 1949, and Convention No. ^O 133 on crew accommodation (supplementary provisions), 1970, will continue to apply, to the extent that they were applicable before that date under the legislation or practice of the Member concerned. A ship shall be deemed to have been constructed on the date on which its keel was laid or when its construction is at an equivalent stage.

3. Except as expressly provided otherwise, any requirement resulting from an amendment to the code concerning the accommodation of seafarers and places of recreation shall apply only to ships constructed on or after the date on which the amendment Will take effect for the Member concerned.

A3.1 Standard Housing and recreation

1. Every Member shall adopt legislation requiring that ships flying its flag:

(a)

Meet the minimum standards necessary to ensure that the accommodation available to seafarers working or living on board is safe, decent and in accordance with the relevant provisions of this standard;

(b)

Be subject to inspections to ensure the initial and permanent compliance of these standards.

2. For the preparation and application of the legislation on this standard, the competent authority shall, after consulting the shipowners and seafarers' organisations concerned:

(a)

Takes account of Rule 4.3 and the corresponding provisions of the Code relating to the protection of health and safety and the prevention of accidents in the light of the specific needs of seafarers who live and work on board Ships;

(b)

Duly consider following the guiding principles set out in Part B of the Code.

3. Inspections prescribed by Rule 5.1.4 take place:

(a)

The first registration of the ship or in a new registration;

(b)

In the event of a substantial change in the accommodation of seafarers on board the ship.

4. The competent authority shall ensure, with particular care, the application of the requirements of this Convention concerning:

(a)

The size of the cabins and other spaces;

(b)

Heating and ventilation;

(c)

Noise and vibration as well as other environmental factors;

(d)

Sanitary facilities;

(e)

Lighting;

(f)

The infirmary.

5. The competent authority of any Member shall ensure that vessels flying the flag of that Member observe, in respect of accommodation facilities and recreational facilities on board, the minimum standards laid down in subs. 6 to 17 of this Standard.

6. With regard to general housing requirements:

(a)

In all premises for the accommodation of seafarers, the height of the free space shall be sufficient; it shall not be less than 203 centimetres in the premises intended for the accommodation of seafarers in order to ensure full ease of Movement; the competent authority may authorise a reduction, within certain limits, of the height of the free space in all or part of the space of those premises if it considers that such reduction:

(i)

Is reasonable;

(ii)

Does not harm the comfort of seafarers;

(b)

Housing must be adequately insulated;

(c)

On vessels other than passenger ships, as defined in Rule 2 (e) and (f) of the 1974 International Convention for the Safety of Life at Sea ¹ , as amended (SOLAS Convention), cabins shall be located above the loading line, in the middle or rear of the ship, except in exceptional cases where they may be located at the front of the ship, because another location Would not be feasible given the type of vessel, its size or service to which it is intended, but in no case beyond the collision bulkhead;

(d)

On passenger ships, and on special ships constructed in accordance with the provisions of the Code of Safety applicable to special ships of the IMO, 1983 and its subsequent versions (hereinafter referred to as "special vessels"), The competent authority may, provided that satisfactory arrangements are made for lighting and ventilation, allow cabins to be installed below the load line, but in no case just below the limits of the Service;

(e)

The cabins shall not open directly on the compartments assigned to the cargo, the engine room, the kitchens, the shops, the dryers or the common health facilities; the parts of the bulkheads separating these spaces from the Cabins, as well as exterior bulkheads, shall be properly constructed of steel or other approved material and be impermeable to water and gas;

(f)

The materials used to construct the interior partitions, the panels and the coatings, the soil and the connections must be adapted to their use and to ensure a safe environment for health;

(g)

Housing must be well lit and sufficient devices must be provided for the flow of water;

(h)

The accommodation, leisure and table service facilities shall comply with the requirements of Rule 4.3 and the corresponding provisions of the Code relating to the protection of health and safety, as well as to the Prevention of accidents with regard to the prevention of the risk of exposure to harmful levels of noise and vibration and other environmental factors as well as to chemical substances on board ships and to guarantee seafarers a An acceptable work environment and living environment on board.

7. With regard to ventilation and heating:

(a)

Cabins and refectories shall be adequately ventilated;

(b)

All vessels, except those which regularly sail in areas where the temperate climate does not require it, must be equipped with an air conditioning system for the seafarers' homes, the radio station and any central control station of the Machines;

(c)

The aeration of all sanitary installations must be carried out by direct communication with the free air, independently of any other part of the dwelling;

(d)

A satisfactory heating installation shall provide the desired heat, except on board vessels operating exclusively under tropical climates.

8. With regard to the requirements for lighting, subject to any special arrangements authorised on board passenger ships, cabins and refectories shall be lit by natural light and fitted with a Adequate artificial lighting.

9. Where cabins are required on board vessels, they shall meet the following requirements:

(a)

On vessels other than passenger ships, each sailor shall have an individual cabin; in the case of vessels of less than 3000 gross tonnage or special vessels, the competent authority may, after consulting the organisations Authorised shipowners and seafarers, authorise derogations from this requirement;

(b)

Separate cabins should be made available to men and women;

(c)

The cabins shall be of suitable size and arranged in such a way as to ensure reasonable comfort and to facilitate the proper maintenance of the cabins;

(d)

Each sailor must have his or her own sleeve in all circumstances;

(e)

The inner dimensions of the bunks must not be less than 198 centimetres by 80 centimetres;

(f)

The area per occupant of seafarers' cabins with a single bunk shall not be less than:

(i)

4.5 square metres on vessels of less than 3000 gross tonnage,

(ii)

5.5 square metres on vessels of a gross tonnage equal to or greater than 3000 but less than 10,000,

(iii)

7 square metres on vessels of a gross tonnage equal to or greater than 10,000;

(g)

However, in order to allow the fitting of cabins to a single berth on board vessels of less than 3000 gross tonnage, passenger ships and special vessels, the competent authority may authorise a smaller area;

(h)

On vessels of less than 3000 gross tonnage other than passenger ships and special vessels, cabins may be occupied by up to two mariners. The area of such cabins shall not be less than 7 square metres;

(i)

On board passenger ships and special vessels, the area of seafarers' cabins that do not carry out the duties of an officer shall not be less than:

(i)

7.5 square metres for two-person cabins,

(ii)

11.5 square metres for three-person cabins,

(iii)

14.5 square metres for four-person cabins;

(j)

On special vessels, cabins may be occupied by more than four persons. The area per occupant of these cabins shall not be less than 3.6 square metres;

(k)

On vessels other than passenger ships and special vessels, the area by occupation of booths for seafarers who perform the duties of an officer, where they do not have a special living room or an office, Must not be less than:

(i)

7.5 square metres on vessels of less than 3000 gross tonnage,

(ii)

8.5 square metres on vessels of a gross tonnage equal to or greater than 3000 but less than 10,000,

(iii)

10 square metres on vessels of a gross tonnage equal to or greater than 10,000;

(l)

On passenger ships and special ships, the area by occupying booths for seafarers who perform the duties of an officer, when they do not have a special living room or an office, shall not be Less than 7.5 square metres for junior officers and 8.5 square metres for senior officers. Junior officers are defined as officers at the operational level and by senior officers of the officers responsible for management;

(m)

The master, the chief engineer and the second master must have a room adjacent to their cab that will serve as a special living room or office space or equivalent space. The competent authority may exempt ships of less than 3000 gross tonnage from this obligation after consulting the shipowners and seafarers' organisations concerned;

(n)

For each occupant, the furniture shall include a clothing cupboard with a minimum capacity of 475 litres and a drawer or equivalent space of at least 56 litres. If the drawer is incorporated into the rack, the combined minimum volume must be 500 litres. It must be equipped with a shelf and the user must be able to lock it down in order to preserve her privacy;

(o)

Each cabin must be equipped with a table or desk, a fixed, folding or sliding model, and comfortable seating as required.

10. With regard to the requirements for refectories:

(a)

The refectories must be separated from the cabins and located as close to the kitchen as possible. The competent authority may, after consulting the shipowners and seafarers' organisations concerned, exempt ships of less than 3000 gross tonnage from this obligation;

(b)

The refectories must be of sufficient size and comfort and be suitably furnished and furnished, including with regard to the possibility of obtaining drinks at all times, taking into account the number of seafarers likely to be Use them at any given time. Separate or common references shall be made where appropriate.

11. With regard to the requirements for sanitary installations:

(a)

All seafarers must have convenient access to medical facilities on board meeting minimum health and hygiene standards and reasonable standards of comfort, with separate facilities provided for men and for Women;

(b)

There must be readily accessible sanitary facilities from the navigation bridge and the engine room or located near the control station in this room; the competent authority may exempt ships from a lower gross tonnage To 3000 of this obligation after consultation with the shipowners'and seafarers' organisations concerned;

(c)

On board any ship, at least one toilet, a washbasin and a bathtub or shower, or both, should be provided for each group of six or less persons who do not have personal facilities;

(d)

Except on passenger ships, each cabin shall be equipped with a daily, hot and cold wash basin, except when there is one in the adjoining toilet cabinet;

(e)

On board passenger ships normally travelling for a period of not more than four hours, the competent authority may consider special provisions or a reduction in the number of required health facilities;

(f)

All water points for cleanliness must be supplied with running, hot and cold fresh water.

12. With regard to the requirements for the infirmary, any ship carrying 15 or more seafarers and assigned to a voyage of more than three days shall have a separate infirmary reserved exclusively for medical purposes. The competent authority may grant derogations from this provision in respect of vessels assigned to coastal navigation. When approving the infirmary, the competent authority must ensure that it is easily accessible at all times and that its occupants are comfortably accommodated and can receive the necessary care quickly.

13. Properly located and equipped laundry facilities must be provided.

14. On board all vessels, seafarers shall be able to have access outside their hours of service to one or more locations on an open deck; this space shall have sufficient space, taking into account the dimensions of the vessel and The number of seafarers on board.

15. All vessels shall have separate offices or a joint office for the ship for the service of the deck and for the service of the machinery; the competent authority may exempt ships of less than 3000 gross tonnage from this obligation after Consultation with interested shipowners and seafarers' organisations.

16. Ships regularly receiving mosquito-infested ports shall be equipped accordingly according to the requirements of the competent authority.

17. Appropriate facilities, facilities and leisure services, adapted to the special needs of seafarers who must live and work on board ships, shall be made available to all seafarers on board, taking into account the Provisions of Rule 4.3 and corresponding provisions of the Code relating to the protection of health and safety and the prevention of accidents.

The competent authority shall require that frequent inspections be carried out on board the ships by or under the authority of the master, so that the accommodation of seafarers is maintained in good condition of maintenance and cleanliness and offers Decent living conditions. The results of each inspection are recorded in writing and are available for consultation.

In the case of vessels where it is necessary to take account, without discrimination, of the interests of seafarers with different and distinct religious and social practices, the competent authority may, after consulting the Organisations of shipowners and seafarers concerned, to authorise derogations, applied fairly, to the provisions of this standard, provided that it does not result in a situation which, on the whole, would be less favourable than that Which would have flowed from the application of that standard.

20. Any Member may, after consulting the shipowners and seafarers' organisations concerned, exempt from the provisions of this standard listed below ships of a gross tonnage of less than 200 when that is Reasonable, taking into account the size of the vessel and the number of persons on board:

(a)

By. 7 (b), 11 (d) and 13;

(b)

By. 9 (f) and (h) to (l), only with respect to area.

21. Derogations from the requirements of this standard shall be possible only in cases expressly provided for in that standard and only in special circumstances where there are strong grounds for justifying them and Reserve to protect the health and safety of seafarers.

Guiding Principle B3.1 Housing and recreation

Guiding Principle B3.1.1 Design and construction

The exterior bulkheads of the cabins and refectories should ensure adequate insulation. The encashment of the machines, as well as the bulkheads that restrict the kitchens or other heat-releasing spaces, should be properly caloried when this heat could be inconvenienced in housing and courtship Adjacent. Provisions should also be made to protect against the effects of heat from steam or hot water pipes, or both.

2. Cabs, refectories, recreation rooms and quilts within the crew quarters should be properly insulated so as to avoid condensation or excessive heat.

3. The bulkheads and ceilings should be made of a material whose surface can easily be maintained in a state of cleanliness. Any type of construction that could harbour vermin should be avoided.

The bulkheads and ceilings of the cabins and refectories should be able to be kept easily in a clean state and should be of a clear, resistant and non-toxic colour.

5. The materials and method of construction of the deck coverings in any local area affected by the seafarers' housing should be approved; these coatings should be anti-skidding and impermeable to moisture, and their maintenance in condition of Cleanliness should be easy.

6. When deck coverings are composite, the connection with the walls should be profiled in such a way as to avoid slits.

Guiding Principle B3.1.2 Breakdown

The ventilation system for cabins and refectories should be adjustable in order to maintain the air in satisfactory conditions and to ensure sufficient circulation in all weather conditions and in all climates.

2. Air conditioning systems, whether individual or central, should be designed to:

(a)

Maintain the atmosphere at a satisfactory temperature and relative humidity with respect to outdoor air conditions, ensure adequate air renewal in all air-conditioned rooms, Special characteristics of the operation at sea and not to produce excessive vibrations or noise;

(b)

Facilitate maintenance and disinfection in order to prevent or control the spread of disease.

3. The driving force necessary to operate the air conditioning system and other ventilation systems provided for in the above paragraphs of this guiding principle should be available throughout the time when seafarers Live or work on board and when circumstances so require. However, there is no need to use a back-up power source for this purpose.

Guiding Principle B3.1.3 Heating

1. The seafarers' housing heating system should operate throughout the time that seafarers live or work on board and when circumstances so require.

2. On board any ship where a heating installation must exist, it should be provided by hot water, hot air, electricity, steam or equivalent. However, in the area reserved for housing, steam should not be used for heat transmission. The heating installation should be able to maintain in the accommodation of seafarers the temperature at a satisfactory level under the normal conditions of weather and climate that the ship is likely to encounter during navigation. The competent authority should prescribe the conditions to be met.

3. Radiators and other heating appliances should be placed and, if necessary, protected in such a way as to avoid the risk of fire and not to constitute a source of danger or inconvenience to the occupants of the premises.

Guiding Principle B3.1.4 Lighting

1. Every ship should be provided with a facility to provide electricity for the accommodation of seafarers. If two independent sources of power generation do not exist, additional emergency lighting should be provided by means of appropriate lamps or model lighting fixtures.

2. In the cabins, an electric reading lamp should be placed at the head of each bunk.

Appropriate standards of natural and artificial lighting should be established by the competent authority.

Guiding Principle B3.1.5 Cabins

1. The berths should be arranged in such a way as to provide as much comfort as possible to the sailor and the accompanying partner.

2. Where reasonable and practicable, taking into account the dimensions of the vessel, the activity to which it is assigned and its layout, the cabins should be designed and equipped with a toilet cabinet with washroom facilities, in order to To provide reasonable comfort to their occupants and to facilitate their proper conduct.

3. In so far as this is feasible, the cabins should be distributed in such a way as to separate the quarters and to avoid the fact that persons who work the day and the persons providing the quarters do not share the same cabin.

4. The members of the Mistrance staff should not be accommodated more than two per cab.

5. In so far as this is feasible, consideration should be given to the provision of the second mechanic of the provision in s. 9 (m) of A3.1.5.

6. Space occupied by berths, cabinets, conds and seats should be included in the calculation of area. The cramped or irregularly shaped spaces that do not actually increase the space available for circulation and which cannot be used to place furniture should not be included in this calculation.

7. The overlay of more than two bunks should be prohibited. In the case where bunks are placed along the ship's wall, it should be prohibited to superimpose bunks at the place where a window is located above a bunk.

8. When bunks are superimposed, the lower bunk should not be placed less than 30 centimetres from the floor; the upper bunk should be positioned at half height between the bottom of the lower bunk and the bottom Ceiling barbs.

9. The frame of a bunk and, if applicable, roll board should be a material that is approved, hard, smooth and not susceptible to corroding or sheltering vermin.

10. Tubular frames that may be used for the construction of the berths should be completely closed and not contain perforations that could provide access to the vermin.

11. Each bunk should be equipped with a comfortable mattress with a mattress or a combined mattress. The mattress and its padding should be an approved material. Mattresses should not be used for cushioning a material that is of a nature to be used for vermin.

12. When bunks are superimposed, a dust-proof bottom should be attached below the upper sleeper box spring.

13. The furniture should be constructed of a smooth and hard material, not likely to deform or corrode.

14. Cabin lodges should be topped with curtains or equivalent.

15. Each cabin should be equipped with a mirror, small cupboards for toiletries, a bookshelf and a sufficient number of patches.

Guiding Principle B3.1.6 Refectures

1. The refectories may be common or separate. The decision on this matter should be taken after consultation with the representatives of seafarers and shipowners and subject to the approval of the competent authority. Factors such as vessel dimensions and the various cultural, religious or social characteristics of seafarers should be considered.

2. Where separate refectories are to be installed for seafarers, separate refectories should be provided for:

(a)

The master and the officers;

(b)

Mistrance and other seafarers.

3. On board vessels other than passenger ships, the area of the refectories for the use of seafarers should not be less than 1.5 square metres per seat.

4. On board all vessels, the refectories should be fitted with appropriate tables and seats, fixed or removable, in sufficient numbers for the greatest number of seafarers likely to use them at the same time.

5. The following facilities should be usable at all times when seafarers are on board:

(a)

A refrigerator of convenient access and sufficient capacity for the number of persons using the refectory (s);

(b)

Facilities for hot beverages;

(c)

Fresh water distribution facilities.

6. A suitable installation for washing table utensils and sufficient cupboards to store these utensils should be provided where the offices which may exist are not directly accessible from the refectories.

7. The top of the tables and seats should be a moisture resistant material.

Guiding Principle B3.1.7 Health facilities

1. Washbasins and bathtubs should be of sufficient size and of an approved material with a smooth surface, not susceptible to cracking, shading or corroding.

2. All washrooms should be of a model approved and equipped with a strong flush or other suitable means of escape, such as a suction system, in a constant state of operation and individual control.

3. Sanitary facilities for use by several persons should be consistent with the following:

(a)

Flooring should be a durable, humid-proof, durable material with an efficient water flow system;

(b)

The walls should be of steel or other approved material and be watertight on a height of not less than 23 centimetres from the floor;

(c)

The premises should be adequately lit, heated and ventilated;

(d)

Washrooms should be located in an easily accessible location of the cabins and water points assigned to cleanliness, but should be separated; they should not give directly to the cabins or to a passage that Would constitute only access between booths and washrooms; however, the latter provision should not apply to washrooms located between two cabins with a total number of occupants not exceeding four;

(e)

When several washrooms are installed in the same room, they should be closed enough to ensure privacy.

4. Equipment available to seafarers for laundry should include:

(a)

Washing machines;

(b)

Machines for drying the washing machine or drying premises properly heated and ventilated;

(c)

Ironing irons and ironing boards or equivalent devices.

Guiding Principle B3.1.8 Nurse

1. The infirmary should be designed to facilitate consultation and administration of first aid and to help prevent the spread of infectious diseases.

2. Entrants, bunks, lighting, ventilation, heating and the installation of water should be arranged in such a way as to provide comfort and facilitate the treatment of occupants.

3. The number of berths to be installed in the infirmary should be prescribed by the competent authority.

4. The occupants of the infirmary should have, for their exclusive use, sanitary facilities which are part of the infirmary itself or are located in the immediate vicinity of the infirmary. These facilities should include at least one toilet, a washbasin, a bath or a shower.

Guiding Principle B3.1.9 Other facilities

1. When separate facilities are provided to allow the engine service personnel to change, they should be:

(a)

Located outside the engine room, but easily accessible from the engine room;

(b)

Equipped with individual cabinets, as well as bathtubs or showers, or both, and washbasins, fed in fresh, hot and cold fresh water.

Guiding Principle B3.1.10 Bedding, table utensils, and miscellaneous items

1. Any Member should consider applying the following principles:

(a)

Articles of bedding and table utensils in good order of cleanliness should be supplied by the shipowner to all seafarers, who will use them on board while at the service of the ship and which, on the dates specified by the master and When they cease to be in the service of the ship, shall make them;

(b)

Bedding should be of good quality. The plates, cups and other table utensils should be an approved material and suitable for easy cleaning;

(c)

Toilet towels, soap and toilet paper should be supplied by the shipowner to all seafarers.

Guiding Principle B3.1.11 Recreational facilities and provisions concerning mail and ship visits

1. Recreation facilities and services should be reviewed frequently in order to ensure that they are adapted to the needs of seafarers, taking into account developments in technology and operating conditions and any other developments in The maritime transport sector.

2. The leisure facilities should at least be equipped with a library and the means to read and write and, if possible, play.

When drawing up plans for leisure facilities, the competent authority should consider the installation of a canteen.

4. Where feasible, consideration should also be given to providing free to seafarers:

(a)

A smoking room;

(b)

The possibility of watching television and listening to the radio;

(c)

The possibility of watching films, the stock of which should be sufficient for the duration of the journey and, where appropriate, be renewed at reasonable intervals;

(d)

Sporting goods, including physical culture equipment, table games and deck games;

(e)

Where appropriate, means of swimming;

(f)

A library containing works of a professional and other nature, in sufficient quantity for the duration of the journey, and whose stock should be renewed at reasonable intervals;

(g)

Ways to do handicrafts to relax;

(h)

Electronic devices such as radios, televisions, video recorders, CD/DVD players, computers, software, tape recorders;

(i)

Where appropriate, bars for seafarers, unless it is contrary to national, religious or social practices;

(j)

Reasonable access to telephone communications with the land, as well as to electronic messaging services and the Internet, where applicable, where appropriate for a reasonable rate.

5. Every effort should be made to ensure that seafarers' mail is delivered in the safest and most expeditious manner possible. Efforts should also be made to ensure that seafarers do not have to pay additional costs when mail is returned to them as a result of circumstances beyond their control.

6. Measures should be considered to ensure, subject to the applicable national or international law, that whenever possible and reasonable, seafarers receive prompt authorization to receive their Partner or their relatives and friends on board their vessel as visitors when the vessel is in port. These measures should take into account the authorities required for security purposes.

7. The possibility of allowing seafarers to be accompanied by their partner from time to time on a trip should be taken into consideration, where possible and reasonable. The partners should be provided with adequate insurance covering the risks of accidents and sickness; the shipowner should give the seafarers all his assistance in order to contract this insurance.

Guiding Principle B3.1.12 Noise and vibration prevention

1. Facilities for housing, recreation and table service should be located as far as possible from the machinery, the steering apparatus compartment, the deck winches, ventilation, heating and Air conditioning, as well as other noisy machines and appliances.

2. Sound-absorbing materials or other suitable materials absorbing the noise should be used for the construction and finishing of walls, ceilings and bridges inside noisy spaces, as well as clean automatic doors To ensure the sound insulation of the premises housing the machines.

3. The engine room and other machinery spaces should be equipped, where practicable, with soundproofed control stations for the use of the engine room staff. Workstations such as the workshop should be isolated, to the extent possible, to avoid the general noise of the engine room, and measures should be taken to reduce the noise of machinery operation.

4. The levels of noise allowed in work stations and residential premises should be in conformity with the ILO international guidelines on exposure levels, including those contained in the compendium of practical guidelines The ILO, entitled Environmental factors in the workplace, 2001, and, where appropriate, the specific protection standards recommended by the IMO, as well as any subsequent amending or supplementary text relating to acceptable noise levels, Ships' ships. A copy of the applicable instruments, in English or in the ship's working language, should be kept on board and available to seafarers.

5. Accommodation, leisure facilities and table service should not be exposed to excessive vibration.

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Purpose: to provide seafarers with good quality food, including drinking water, served under regulated hygiene conditions

1. Every Member shall ensure that ships flying its flag carry on board and provide food and potable water of an appropriate quality, the nutritional value and quantity of which meet the needs of the persons concerned. Taking into account their different cultural and religious affiliations.

2. Seafarers on board a ship shall be fed free of charge until the end of their commitment.

3. Seafarers employed as cooks of vessels responsible for preparing meals must have the training and qualifications required for this position.

A3.2 Standard Power and Table Service

1. Any Member shall adopt legislation or other measures to ensure minimum standards for the quantity and quality of food and drinking water, as well as standards for table service for meals Service to seafarers on board vessels flying its flag and shall, through educational activities, communicate and promote the application of the standards referred to in this paragraph.

2. Every Member shall ensure that vessels flying its flag observe the following minimum standards:

(a)

An adequate supply of food and drinking water, of a nutritional value, of a satisfactory quality and variety, taking into account the number of seafarers on board, their religion and their cultural habits in relation to food, The duration and nature of the trip;

(b)

A kitchen and table service arrangement and equipment to provide seafarers with adequate, varied and nutritious meals, prepared and served under satisfactory hygienic conditions;

(c)

A properly trained or trained kitchen and table staff.

The shipowners shall ensure that seafarers engaged as a cook of a ship are trained, qualified and recognised as competent for the position in accordance with the provisions of the legislation of the Member concerned.

4. The requirements referred to in par. 3 of this Standard includes the need to successfully complete a training course approved or recognized by the competent authority, covering the practical skills of cooking, personal hygiene and food hygiene, storage of the Food, stock management, environmental protection and health and safety in the kitchen and table service.

On board vessels operating with a prescribed strength of less than 10 persons who, by reason of the size of the crew or the mode of operation, may not be required by the competent authority to have on board a fully qualified cook, Anyone who prepares food in the kitchen must have received training or instruction in areas including food and personal hygiene, as well as the handling and storage of food on board.

6. In circumstances of extreme necessity, the competent authority may issue an exemption authorising a cook who is not fully qualified to serve on a particular ship and for a specified period of time, up to the next appropriate port of call Or for a period not exceeding one month, provided that the person to whom the exemption is granted has received training or instruction in areas including food and personal hygiene and the handling and storage of the Food on board.

7. In accordance with the procedures laid down in Title 5 on the continued compliance of the provisions, the competent authority shall require that frequent documented inspections be carried out on board the ships, by the master or under his/her authority, in the Following areas:

(a)

The provision of food and drinking water;

(b)

All premises and equipment used for the storage and handling of food and drinking water;

(c)

The kitchen and any other facilities used for the preparation and service of meals.

8. No sailor under 18 years of age shall be employed or engaged or employed as a ship cook.

Guiding Principle B3.2 Power and Table Service

Guiding Principle B3.2.1 Inspection, education, research and publication

1. In cooperation with other relevant agencies and organisations, the competent authority should collect up-to-date information on nutrition and on methods of purchasing, storing and storing food, as well as on how to Prepare and serve meals, taking into account the specificities of the table service on board a ship. This information should be made available free of charge or at a reasonable cost to manufacturers and traders specializing in the provision of food or kitchen and table equipment for ships, captains, masters Hotel and ship cooks, and interested shipowners and seafarers' organisations. To this end, appropriate means of dissemination, such as manuals, brochures, posters, graphics or advertisements in professional periodicals, should be used.

2. The competent authority should make recommendations in order to avoid wastage of food, to facilitate the maintenance of an adequate level of hygiene and to ensure an optimal organisation of work.

3. In cooperation with relevant agencies and organisations, the competent authority should develop teaching materials and disseminate information about the methods of providing food and a table service Satisfactory.

4. The competent authority should cooperate closely with the relevant shipowners and seafarers' organisations and with national or local authorities concerned with food and health issues; it may in case of need Use the services of these authorities.

Guiding Principle B3.2.2 Ship Cook

1. Should obtain a certificate of capacity as a ship cook only seafarers who meet the following conditions:

(a)

Have served at sea for a minimum period set by the competent authority and may vary according to the relevant qualifications or experience of the persons concerned;

(b)

Have passed the examination prescribed by the competent authority or an equivalent examination after a certified training course for cooks.

2. The prescribed examination may be organised and the certificate issued either directly by the competent authority or, under the supervision of the competent authority, by an approved kitchen school.

3. The competent authority should provide for the recognition, where appropriate, of certificates of ship cook capacity issued by Members having ratified this Convention or the Convention n ^O 69 on the degree of capacity of ship cooks, 1946, or by any other approved institution.

Purpose: to protect the health of seafarers and provide them with prompt access to medical care on board and on land

1. Every Member shall ensure that all seafarers who work on ships flying their flag are covered by appropriate measures for the protection of their health and have access to timely and adequate medical care for the duration of their Service on board.

2. The protection and care referred to in s. 1 of this rule are normally provided free of charge to seafarers.

3. Every Member shall ensure that seafarers working on board ships in its territory have access to its medical facilities ashore if they require immediate medical care.

4. The provisions set out in the Code for the Protection of Health and Medical Care on Board include standards for measures to ensure that seafarers have comparable health and medical care Possible to those generally enjoyed by the workers on land.

A4.1 Standard Medical care on board ships and ashore

1. To protect the health of seafarers working on a ship flying its flag and providing medical care that includes essential dental care, any Member shall ensure that measures are adopted that:

(a)

Guarantee the application to seafarers of all general provisions relating to the protection of health at work and to medical care relating to their service, as well as to all special provisions specific to the work at Shipboard ship;

(b)

Guarantee to seafarers protection of health and medical care as comparable as possible to those generally enjoyed by workers on land, including rapid access to medicines, medical equipment and services Diagnosis and treatment, as well as information and medical knowledge;

(c)

Give seafarers the right to consult with a qualified doctor or dentist at ports of call without delay, where feasible;

(d)

Ensure that, to a extent consistent with the legislation and practice of the Member, medical and health protection services are provided free of charge to seafarers on board or landed in a foreign port;

(e)

Are not limited to treating sick or injured seafarers, but also include preventive measures, including the development of health promotion and health education programmes.

2. The competent authority shall adopt a model medical report for the use of masters and competent medical staff on shore and on board. This report is confidential and is used exclusively to facilitate the treatment of seafarers.

3. Any Member shall adopt legislation establishing, for medical and hospital care on board vessels flying its flag, requirements concerning facilities, equipment and training.

National legislation requires, as a minimum, compliance with the following requirements:

(a)

Every ship has an on-board pharmacy, medical equipment and a medical guide, the specifications of which are prescribed by the competent authority and are regularly inspected by the competent authority. National requirements shall take into account the type of vessel, the number of persons on board, the nature, destination and duration of travel and the medical standards recommended at national and international level;

(b)

Any ship with 100 or more persons on board and normally on international voyages of more than three days shall have a qualified medical practitioner. National legislation also determines, taking into account, inter alia, factors such as the duration, nature and conditions of the voyage and the number of seafarers, which other vessels must have a doctor on board;

(c)

Ships that do not have a doctor on board must have at least one sailor who is in charge of the medical care and administration of the medicinal products in the course of his normal duties or a sailor capable of administering the first aid. Seafarers engaged in medical care on board and who are not physicians must have successfully completed medical care training in accordance with the provisions of the 1978 International Convention on Standards of Training of seafarers, grant of patents, and watch-making, as amended (STCW). Seafarers administering first aid must have successfully completed first-aid training in accordance with the provisions of the STCW. The national legislation specifies the level of training required, taking into account factors such as the duration, nature and conditions of travel, as well as the number of seafarers on board;

(d)

The competent authority shall take the necessary measures to ensure that medical consultations by radio or satellite, including specialist advice, are possible for ships at sea at any time. Such medical consultations, including the transmission by radio or satellite of medical messages between a ship and persons ashore giving advice, shall be provided free of charge to all ships, irrespective of their flag.

Guiding Principle B4.1 Medical care on board ships and ashore

Guiding Principle B4.1.1 Provision of medical care

1. For ships which are not required to have a doctor on board, the competent authority, in determining the level of training for the necessary medical care, should require that:

(a)

Ships which can normally have access within eight hours to qualified medical care and medical equipment have at least one sailor who has received the approved training in first aid medical care required by the STCW, which allows it to take immediate effective action in the event of an accident or illness that may occur on board and to make good use of medical advice transmitted by radio or satellite;

(b)

All other vessels have at least one sailor who has received the approved training in medical care required by STCW, including practical training and training in emergency care techniques such as intravenous therapy, which must Enable those concerned to participate effectively in coordinated medical assistance programmes for ships at sea and to provide the sick and injured with a satisfactory level of medical care during the period during which they are Likely to remain on board.

2. The training referred to in par. 1 of this guiding principle should be based on the content of the most recent editions of the International Medical Flight Guide, Of Emergency medical care guide for accidents due to dangerous goods , from A Guide to the Guide-A Guide A Tional marine training , and the medical part of the International Signal Code And similar national guides.

3. The persons referred to in s. 1 of this guiding principle and all other seafarers designated by the competent authority should follow, approximately every five years, refresher courses enabling them to maintain and increase their knowledge and Their skills and keep abreast of new developments.

4. The on-board pharmacy and its contents as well as medical equipment and medical guide to be kept on board should be properly maintained and inspected at regular intervals, not exceeding 12 months, by responsible persons Designated by the competent authority, which should monitor labels, expiry dates, storage conditions and indications of use of all medicinal products and ensure the proper functioning of all equipment. When adopting or revising the on-board medical guide for use in the country, in order to determine the content of the on-board pharmacy and the medical equipment to be kept on board, the competent authority should take account of the recommendations International in this area, including the latest edition of the International Flight Medical Guide and the other guides mentioned in par. 2.

5. Where a dangerous classified shipment is not included in the most recent edition of the Emergency Medical Care Guide to be given in the event of accidents due to dangerous goods, the necessary information on the nature of the substances, the Risks, personal protective equipment to be used, appropriate medical procedures and specific antidotes should be communicated to seafarers. Specific antidotes and personal protective equipment should be on board when dangerous goods are transported. This information should be included in the occupational health and safety policies and programmes set out in Rule 4.3 and the corresponding provisions of the Code.

6. All ships should have on board a complete and up-to-date list of radio stations through which medical consultations can be obtained and, if they are equipped with a satellite communication system, they Should have on board a complete and up-to-date list of coastal stations through which medical consultations can be obtained. Seafarers in charge of medical care or first aid on board should be prepared for the use of the medical device guide and the medical part of the most recent edition of the International Code of Signals, in order to understand The type of information needed by the physician consulted and the advice they receive.

Guiding Principle B4.1.2 Medical Report Template

1. The model of medical report for seafarers prescribed in Part A of the Code should be designed to facilitate the exchange of medical and assimilated information concerning seafarers between the ship and the land in the event of sickness Or accident.

Guiding Principle B4.1.3 Medical care ashore

1. The land-based medical services provided for the treatment of seafarers should be adequate, and doctors, dentists and other medical personnel should be properly qualified.

2. Steps should be taken to ensure that seafarers in ports can:

(a)

Receive outpatient treatment in the event of illness or accident;

(b)

Be hospitalized as required;

(c)

Receive dental treatment, especially in emergencies.

Appropriate measures should be taken to facilitate the treatment of sick seafarers. In particular, seafarers should be promptly admitted to clinics and hospitals on the ground, without difficulty and without distinction of nationality or denomination, and, to the extent possible, arrangements should be made To ensure, where necessary, the continuity of treatment complementing the action of the health services that are open to them.

Guiding Principle B4.1.4 Medical assistance to other ships and international cooperation

1. Any Member should give due consideration to participating in international cooperation in the field of assistance, programmes and research in the areas of health protection and medical care. Such cooperation could include:

(a)

To develop and coordinate search and rescue efforts and to organise rapid medical aid and evacuation at sea, in the event of a serious illness or accident on board a ship, thanks in particular to the periodic reporting systems of the Position of ships, rescue coordination centres and helicopter emergency services, in accordance with the International Convention on Maritime Search and Rescue 1979, as well as the International Manual Aeronautical and maritime search and rescue (IAMSAR);

(b)

To make optimum use of any ship on board a doctor, as well as pre-positioned vessels capable of providing hospital and rescue services;

(c)

Establish and maintain an international list of available doctors and medical facilities around the world for emergency medical care for seafarers;

(d)

Land seafarers ashore for emergency treatment; and

(e)

Repatriate seafarers to hospitals abroad as soon as practicable, in accordance with the medical opinion of the doctors treating the case, taking into account the wishes and needs of the sailor;

(f)

Make arrangements to provide personal assistance to seafarers during their repatriation, in accordance with the medical opinion of the doctors treating the case, taking into account the wishes and needs of the sailor;

(g)

Seek to establish health centres for seafarers, who would be responsible for:

(i)

Conducting research on the health status, medical treatment and preventive health care of seafarers,

(ii)

Train medical personnel and health personnel in marine medicine;

(h)

Collecting and evaluating statistics on accidents at work, occupational diseases and deaths of seafarers and integrating them into the national system of statistics on accidents at work and occupational diseases covering Other categories of workers, by harmonising them with this system;

(i)

Organising international exchanges of technical information, teaching materials and teaching staff, as well as training courses, seminars and international working groups;

(j)

To provide all seafarers with health services and medical, curative and preventive services, which are specially designed for them at ports or to provide general medical, health and rehabilitation services;

(k)

Take the necessary steps to repatriate, as soon as possible, the body or ashes of deceased seafarers, in accordance with the wishes of their closest relatives.

International cooperation in the field of the protection of the health and medical care of seafarers should be based on bilateral or multilateral agreements or consultations between Members.

Guiding Principle B4.1.5 People in charge of seafarers

1. Any Member should adopt measures to ensure adequate and adequate medical care for seafarers in the care of seafarers who are domiciled in their territory, pending the establishment of an open medical care service. Workers in general and their dependants when such services do not exist, and inform the ILO of the measures taken to that end.

Purpose: to ensure the protection of seafarers against the financial consequences of a disease, accident or death arising in connection with their employment

1. Every Member shall ensure that measures taken in accordance with the Code are applied on board vessels flying its flag to ensure that seafarers working on board ships are entitled to assistance and material support of the Share of the shipowner in order to deal with the financial consequences of diseases, accidents or deaths occurring during their service under a maritime commitment contract or resulting from their employment under this contract.

(2) This Rule shall be without prejudice to any other legal means available to the seafarer.

A4.2 Standard Ship owners' liability

1. Any Member shall adopt legislation providing that shipowners of vessels flying its flag shall be responsible for the protection of the health and medical care of all seafarers working on board these vessels, in accordance with the standards Minimum:

(a)

Shipowners must bear the cost to seafarers working on their vessels of any disease and any accident occurring between the date stipulated for the commencement of the service and the date on which they are expected to have been Duly repatriated or resulting from their employment between these two dates;

(b)

Shipowners must take over financial cover to guarantee compensation in the event of the death or long-term incapacity of seafarers resulting from an accident at work, occupational disease or risk Professional, as provided for in the national legislation, the maritime commitment contract or a collective agreement;

(c)

Medical expenses, including medical treatment and the provision of medicines and other therapeutic means, are the responsibility of the shipowner, as well as the food and lodging of the sick or injured sailor outside his home until his recovery Or until the permanent character of the disease or disability is established;

(d)

The cost of interment, if the death occurs on board or occurs on land during the period of the commitment, is the responsibility of the shipowner.

2. National legislation may limit the liability of the shipowner for taking care of medical care, food or housing for a period which cannot be less than 16 weeks from the day of the accident or the beginning Disease.

3. Where the disease or accident results in incapacity for work, the shipowner shall pay:

(a)

The entire salary as long as the sick or injured person remains on board or until he or she has been repatriated in accordance with this Convention;

(b)

All or part of the salary, as provided for in national legislation or collective agreements, from the repatriation or disembarkation of the sailor to his or her recovery or, if the possibility arises sooner, until he or she has The right to cash benefits under the legislation of the Member concerned.

4. National legislation may limit the shipowner's obligation to pay to a sailor all or part of his or her salary for a period which cannot be less than 16 weeks from the date of the accident or the onset of the disease.

5. National legislation may exempt the shipowner from liability for:

(a)

An accident that did not occur at the service of the ship;

(b)

An accident or illness attributable to an intentional fault of the sick, injured or deceased sailor;

(c)

A disease or infirmity concealed voluntarily at the time of the undertaking.

6. As long as the responsibility is borne by the public authorities, national legislation may exempt the shipowner from the obligation to pay the costs of medical care, housing and food, as well as the burial.

7. The shipowner, or his or her representatives, shall take measures to safeguard the property left on board by sick, injured or deceased seafarers and to send them to themselves or their nearest relatives.

Guiding Principle B4.2 Liability of the shipowner

1. Payment of the full salary, as provided for in s. 3 (a) of the A4.2 standard, may exclude premiums.

2. National legislation may provide that the shipowner ceases to be obliged to bear the costs of a sick or injured sailor as soon as he is entitled to medical benefits under a sickness or insurance scheme Accident or compensation for injured workers.

3. National legislation may provide for the reimbursement by an insurance institution of the costs of burial incurred by the shipowner, where the social insurance or repair system includes a benefit in respect of the deceased sailor.

Purpose: to ensure that the working environment of seafarers on board ships contributes to their health and safety at work

1. Every Member shall ensure that seafarers working on ships flying their flag benefit from a health protection system at work and that they live, work and train on board ships in an environment Safe and healthy.

(2) Any member, after consulting the representative organizations of shipowners and seafarers and taking into account applicable codes, guidelines and standards recommended by international organizations, national administrations and Maritime sector organisations, develops and promulgates national directives on the management of safety and health at work on board ships flying its flag.

3. Any Member shall adopt legislation and other measures concerning the matters specified in the Code, taking into account the applicable international instruments, and lay down the standards for the protection of safety and health at work and The prevention of accidents on board ships flying its flag.

A4.3 Standard Protection of health and safety and accident prevention

1. Legislation and other measures to be adopted in accordance with paragraph 1. 3 of Rule 4.3 cover the following subjects:

(a)

The adoption and effective implementation as well as the promotion of safety and health policies and programmes on board ships flying the Member's flag, including risk assessment and training and training of people Sea;

(b)

Reasonable precautions to prevent accidents at work and occupational injuries and illnesses on board ships, including measures to reduce and prevent the risks of exposure to harmful levels of environmental factors And chemical products, as well as the risks of injury or disease that may result from the use of equipment and machinery on board ships;

(c)

Programmes on board for the prevention of accidents at work and occupational injuries and diseases, as well as continuous improvement of the protection of safety and health at work, with the participation of representatives of the Seafarers and any other persons interested in their implementation, taking into account preventive measures, including design control and engineering measures, the replacement of processes and procedures applicable to tasks Collective and individual and the use of personal protective equipment;

(d)

The requirements relating to the inspection, notification and correction of dangerous situations and to the investigation of accidents at work on board and their notification.

2. The provisions of s. 1 of this Standard shall:

(a)

Take into account the applicable international instruments relating to the protection of safety and health at work in general, as well as the specific risks, and address all aspects of the prevention of accidents at work and Occupational injuries and illnesses that may be applicable to the work of seafarers, and particularly those that are specific to the exercise of the seafloor;

(b)

Clearly state the obligation of shipowners, seafarers and other interested persons to comply with the applicable standards and the policies and programmes applicable to the ship in the field of safety and health at work, Special attention being paid to the health and safety of seafarers under 18 years of age;

(c)

Indicate the duties of the master or person designated by him or her, or both, to take on the specific responsibility for the implementation and compliance with the vessel's safety and health policy and program;

(d)

Indicate the authority vested in the seafarers of the vessel who have been appointed or elected as security delegates for the purpose of participating in the ship's safety committee meetings. Such a committee shall be established on the vessels on which five or more seafarers are located.

3. Legislation and other measures referred to in s. 3 of Rule 4.3 shall be regularly examined in consultation with representatives of shipowners and seafarers' organisations and, if necessary, revised taking into account the evolution of technology and research, in order to facilitate a Continuous improvement of workplace safety and health policies and programs and ensuring a safe working environment for seafarers employed on board vessels flying the Member's flag.

4. Compliance with the requirements of the applicable international instruments relating to acceptable levels of exposure to occupational hazards on board vessels and on the development and application of vessel policies and programmes in Health and safety at work shall be deemed to be equivalent to compliance with the requirements of this Convention.

5. The competent authority shall ensure that:

(a)

Accidents at work and occupational injuries and illnesses are duly declared, taking into account the guidance provided by the ILO on the notification and registration of occupational accidents and diseases;

(b)

Complete statistics of these accidents and diseases are kept, analysed and published and, where appropriate, followed by research on general trends and identified risks;

(c)

Accidents at work are investigated.

6. Declarations and investigations relating to occupational safety and health issues are such as to ensure the protection of the personal data of seafarers and take into account the guidance provided by the ILO on this subject.

7. The competent authority shall cooperate with shipowners and seafarers' organisations in order to take measures to inform all seafarers of the particular risks encountered on board the vessels on which they are working, for example by The posting of official notices outlining the instructions.

8. The competent authority shall require shipowners, when assessing risks in the context of the management of safety and health at work, to refer to appropriate statistical information from their vessels and to statistics Provided by the competent authority.

Guiding Principle B4.3 Protection of health and safety and accident prevention

Guiding Principle B4.3.1 Provisions concerning accidents at work and occupational injuries and illnesses

1. The provisions referred to in Standard A4.3 should take into account the ILO Code of Practice, Prevention of accidents on board ships at sea and in ports, 1996, and its subsequent versions, as well as other standards and Related ILO guidelines, and other international standards, guidelines and practices concerning the protection of occupational safety and health, including the levels of exposure contained therein.

2. The competent authority should ensure that national directives on the management of safety and health at work address in particular the following points:

(a)

General provisions and basic provisions;

(b)

Structural features of the ship, including the means of access and the risks associated with asbestos;

(c)

Machines;

(d)

Effects of extremely low or extremely high temperatures on any surface with which seafarers may be in contact;

(e)

The effects of noise on seafarers in work stations and on board accommodation;

(f)

The effects of the vibrations to which seafarers are subjected in work stations and on board accommodation;

(g)

Effects of ambient factors other than those referred to in the let. (e) and (f) to which seafarers are subjected in work stations and on-board accommodation, including tobacco smoke;

(h)

Special security measures on the bridge and water;

(i)

Loading and unloading equipment;

(j)

Fire prevention and suppression;

(k)

Anchors, chains and cables;

(l)

Dangerous and ballast cargo;

(m)

Personal protective equipment for seafarers;

(n)

Work in confined spaces;

(o)

Physical and mental effects of fatigue;

(p)

Effects of drug and alcohol dependence;

(q)

HIV/AIDS protection and prevention;

(r)

Response to emergencies and accidents.

3. The risk assessment and the reduction of exposure in relation to the points referred to by s. 2 of this guiding principle should take into account physical effects, including those resulting from the handling of loads, noise and vibration, chemical and biological effects and mental effects on occupational health, effects Fatigue on physical and mental health, and accidents at work. The necessary measures should take due account of the principle of prevention according to which, among other things, the fight against risks at source, the adaptation of tasks to the individual, particularly with regard to the design of the premises Work, and the replacement of what is dangerous with safe or less hazardous elements, must take precedence over the use of personal protective equipment for seafarers.

4. Furthermore, the competent authority should ensure that the consequences for health and safety are taken into account, particularly in the following areas:

(a)

Response to emergencies and accidents;

(b)

Effects of drug and alcohol dependence;

(c)

HIV/AIDS prevention and protection.

Guiding Principle B4.3.2 Exposure to noise

The competent authority, in conjunction with the relevant international bodies and the representatives of the shipowners and seafarers' organisations concerned, should examine the issue of noise on board vessels in a continuous manner. To improve the protection of seafarers, to the greatest extent possible, against the harmful effects of exposure to noise.

2. The review referred to in s. 1 of this guiding principle should take into account the adverse effects of exposure to excessive noise on hearing, health and comfort of seafarers, as well as measures to be prescribed or recommended to reduce noise on board ships To protect seafarers. The measures to be considered should include:

(a)

To inform seafarers about the dangers of prolonged exposure to high noise levels in hearing and health, and to teach them how to use noise protection equipment;

(b)

Provide seafarers when required for certified hearing protection equipment;

(c)

To assess risks and reduce exposure to noise in all facilities planned for housing, recreation and table service, as well as in the engine room and other machinery spaces.

Guiding Principle B4.3.3 Exposure to vibrations

The competent authority, in conjunction with relevant international bodies and representatives of interested shipowners and seafarers' organizations, and taking into account, where appropriate, relevant international standards, should To examine on an ongoing basis the issue of vibrations on board vessels with a view to improving the protection of seafarers, to the greatest extent possible, against the harmful effects of such vibrations.

2. The review referred to in s. 1 of this guiding principle should include the effects of exposure to excessive vibrations on the health and comfort of seafarers, as well as the measures to be prescribed or recommended to reduce vibration on board vessels for the purpose of Protect seafarers. The measures to be considered should include:

(a)

To inform seafarers about the dangers of prolonged exposure to vibrations for their health;

(b)

Provide seafarers when required by certified personal protective equipment;

(c)

To assess risks and reduce vibration exposure in all facilities planned for housing, leisure and table service by adopting measures in line with the guidelines provided by the ILO Code of Practice The Environmental Factors in the Workplace, 2001, and its subsequent revisions, taking into account the differences between exposure in these facilities and at work stations.

Guiding Principle B4.3.4 Obligations of the shipowner

1. Any obligation on the shipowner to provide protective equipment or other accident prevention devices should be accompanied, in general, by provisions under which seafarers are required to use these And observe measures for the prevention of accidents and health protection which concern them.

2. The art should also be taken into account. 7 and 11 of the Convention n ^O 119 on machine protection ¹ , 1963, and corresponding provisions of recommendation No. ^O 118 on the protection of machinery, 1963, which provide that, on the one hand, the employer is responsible for ensuring that the machines are equipped with appropriate protective devices and that no machine is used without these devices and, On the other hand, to the worker not to use a machine if the protective devices for which it is provided are not in place, and not to render these devices inoperative.

Guiding Principle B4.3.5 Reporting of accidents at work and compilation of statistics

1. All work accidents and occupational diseases should be reported for investigation and for detailed statistics to be compiled, analysed and published, taking into account data protection Of the seafarers concerned. The reports should not be limited to accidents and fatal diseases or to accidents involving the ship.

2. The statistics referred to in par. 1 of this guiding principle should cover the number, nature, causes and consequences of accidents, injuries and occupational diseases and specify, where appropriate, in which service of the ship the accident occurred, the type And if it occurred at sea or in a port.

(3) Any Member should take due account of any international system or model for the registration of seafarers' accidents, possibly established by the ILO.

Guiding Principle B4.3.6 Investigations

The competent authority should undertake an investigation into the causes and circumstances of all accidents at work and all occupational injuries and illnesses resulting in loss of life or serious bodily harm, And on any other case specified by national law.

2. Consideration should be given to including the following among those that could be investigated:

(a)

The work environment, such as work surfaces, machinery layout, means of access, lighting and working methods;

(b)

The frequency by age group of occupational accidents and injuries and occupational diseases;

(c)

The special physiological or psychological problems posed by the ship's stay;

(d)

Problems resulting from physical tension on board ships, especially when it is a consequence of increased workload;

(e)

The problems and consequences resulting from technical progress, as well as their influence on crew composition;

(f)

Problems resulting from human failure.

Guiding Principle B4.3.7 National programmes for protection and prevention

1. In order to have a reliable basis for the adoption of measures to promote the protection of safety and health at work and the prevention of occupational accidents and injuries and occupational diseases which are due to risks Specific to maritime work, research should be undertaken on general trends as well as on the risks revealed by the statistics.

2. The implementation of protection and prevention programmes for the promotion of safety and health at work should be organised in such a way that the competent authority, shipowners and seafarers or their representatives and Other interested bodies may play an active role, including by means such as the organisation of information sessions and the adoption of guidelines on maximum exposure levels to potentially harmful environmental factors and others Risks or results of a systematic risk assessment. In particular, joint national or local commissions responsible for the prevention and protection of safety and health at work or on ad hoc working groups and on board committees should be established. Interested shipowners and seafarers' organisations would be represented.

When these activities are carried out at the level of the company, consideration should be given to the representation of seafarers in any safety committee on board the ship of the shipowner in question.

Guiding Principle B4.3.8 Content of protection and prevention programmes

Consideration should be given to including the following functions among the functions assigned to the commissions and other organizations referred to in subs. 2 of guiding principle B4.3.7:

(a)

The development of national directives and policies on occupational safety and health management systems and accident prevention provisions, rules and manuals;

(b)

The organisation of training and programmes relating to safety and health at work and accident prevention;

(c)

The organisation of public information on the protection of safety and health at work and the prevention of accidents, in particular by means of films, posters, notices and brochures;

(d)

Distribution of documentation and dissemination of information on safety and health protection at work and accident prevention, so as to reach seafarers on board ships.

2. The rules or recommendations adopted by the national authorities or bodies or by interested international organisations should be taken into account in the preparation of the texts relating to protection measures in respect of Occupational safety and health and accident prevention or the development of recommended practices.

3. In developing safety and occupational health and accident prevention programmes, any Member should take due account of any compendium of practical guidelines on the safety and health of people May be published by the ILO.

Guiding Principle B4.3.9 Training on safety and health protection in the workplace and in the prevention of accidents at work

1. Training programs referred to in subs. 1 (a) of the A4.3 standard should be periodically reviewed and updated to take into account the evolution of ship types and their dimensions, as well as changes in the equipment used, in the organization of crews, in Nationalities, languages and working methods on board.

2. Public information on safety and health protection at work and accident prevention should be continued. It could take the following forms:

(a)

Audiovisual educational material, such as films, to be used in the professional training centres of seafarers and, if possible, presented on board ships;

(b)

Posters on board ships;

(c)

Insertion, in periodicals read by seafarers, of articles on maritime professional risks and measures of protection in the field of occupational safety and health and accident prevention;

(d)

Special campaigns using various means of information to educate seafarers, including campaigns on safe working methods.

3. The public information referred to in s. 2 of this guiding principle should take into account the different nationalities, languages and cultures of seafarers on board a ship.

Guiding Principle B4.3.10 Education of young seafarers in the field of health and safety

Safety and health regulations should refer to the general provisions concerning medical examinations, before entry into office and in the course of employment, as well as the prevention of accidents and the protection of health at work, Which are applicable to the activities of seafarers. These regulations should also specify measures to minimize the occupational risks faced by young seafarers in the performance of their duties.

2. The regulations should establish restrictions that prevent young seafarers whose corresponding skills would not be fully recognised by the competent authority carry out without proper supervision or instruction certain types of Work involving a specific risk of accident or injury to their health or physical development, or requiring a particular degree of maturity, experience or ability. The competent authority may take into account, in particular, tasks involving:

(a)

Lifting, moving or transporting heavy loads or objects;

(b)

Work within boilers, tanks and watertight caissons;

(c)

Exposure to noises or vibrations reaching harmful levels;

(d)

The conduct of lifting equipment or other equipment or motor tools or communication by signs with the operators of such equipment;

(e)

Manipulation of mooring or towing or berthing cables;

(f)

Rigging;

(g)

Work in the mast or bridge over a large period of time;

(h)

The night shift;

(i)

Maintenance of electrical equipment;

(j)

Contact with potentially dangerous substances or with harmful physical agents, such as dangerous or toxic substances, and exposure to ionising radiation;

(k)

Cleaning of kitchen appliances;

(l)

Handling or liability of auxiliary vessels.

Practical measures should be taken by the competent authority or an appropriate body to draw the attention of young seafarers to information concerning the prevention of accidents and the protection of their health on board Ships. These measures could include formal accident prevention courses and campaigns for young people, as well as professional training and supervision of young seafarers.

4. Education and training programmes for young seafarers, both on shore and on board, should provide education on the dangers of alcohol, drugs and other potentially harmful substances to their health and Their well-being, as well as the risks and problems posed by HIV/AIDS and other activities that are dangerous to health.

Guiding Principle B4.3.11 International cooperation

Members, as required with the assistance of intergovernmental bodies and other international organizations, should jointly endeavour to achieve as much uniformity as possible in the protection of security and Occupational health and accident prevention.

2. When drawing up programmes to promote occupational safety and health protection and the prevention of accidents at work in accordance with the provisions of Standard A4.3, any Member should take due account of the Collections of practical guidelines published by the ILO, as well as appropriate standards of international organizations.

Members should take into account the need for international cooperation in the ongoing promotion of activities relating to safety and health at work and the prevention of accidents at work. Such cooperation could take the following forms:

(a)

Bilateral or multilateral agreements to standardize safety and occupational health and safety standards and devices and to prevent accidents;

(b)

Exchanges of information on the specific risks faced by seafarers and on how to promote safety and health at work and prevent accidents;

(c)

Assistance in the field of equipment testing and inspection, in accordance with the national provisions of the flag State;

(d)

Cooperation in the establishment and dissemination of the provisions, rules or manuals relating to safety and health protection in the workplace and to accident prevention;

(e)

Collaboration in the production and use of training materials;

(f)

Pooling of material resources or mutual assistance for the training of seafarers in the field of safety and health at work, accident prevention and safe working methods.

---

Purpose: to provide seafarers with access to shore-based facilities and services to ensure their health and well-being

1. Every Member shall ensure that the land-welfare facilities, if any, are easily accessible. It must also promote the establishment of welfare facilities, such as those listed in the Code, in specific ports with a view to ensuring that seafarers in these ports are provided with access to facilities and Adequate welfare services.

2. The Member's responsibilities for land-based facilities such as cultural facilities and services, welfare, recreation and information are set out in the Code.

A4.4 Standard Access to land-based welfare facilities

(1) Every Member shall require that the welfare facilities existing on its territory be used by all seafarers, irrespective of their nationality, race, colour, sex, religion, political opinion or Their social origin and irrespective of the flag State of the ship on which they are employed or engaged, or work.

2. Every Member shall promote the establishment of welfare facilities in the appropriate ports of the country and determine, after consultation with the relevant shipowners and seafarers' organisations, which ports are appropriate.

3. Every Member shall encourage the creation of welfare councils to regularly review welfare facilities and services in order to ensure that they are adapted to the changing needs of seafarers resulting from the The evolution of technology, exploitation or any other novelty in the maritime transport sector.

Guiding Principle B4.4 Access to land-based welfare facilities

Guiding Principle B4.4.1 Responsibilities of Members

1. Any Member should:

(a)

To take measures to ensure that adequate facilities and welfare services are provided to seafarers in specified ports of call and that adequate protection is provided to them in the course of their profession;

(b)

Take into account, in the implementation of these measures, the special security, health and leisure needs of seafarers, especially abroad and their arrival in war zones.

2. The arrangements for the control of welfare facilities and services should include the participation of the representative organisations of shipowners and interested seafarers.

3. Any Member should take measures to speed up the free movement between ships, central supply organisations and welfare institutions, of all necessary equipment, such as films, books, newspapers and Sports equipment, for the use of seafarers, both on board ship and in land centres.

4. Members should cooperate with each other to promote the well-being of seafarers, at sea and in ports. Such cooperation should include the following measures:

(a)

Consultations between competent authorities with a view to providing welfare facilities and services to seafarers, in ports and on board ships, or to improve them;

(b)

Agreements on the pooling of resources and the joint provision of welfare facilities in major ports so as to avoid unnecessary duplication;

(c)

The organisation of international sports competitions and the encouragement of seafarers to participate in sporting activities;

(d)

The organisation of international seminars on the well-being of seafarers, at sea and in ports.

Guiding Principle B4.4.2 Well-being facilities and services in ports

1. Any Member should provide the necessary facilities and welfare services in appropriate ports of the country or ensure that they are provided.

2. Welfare facilities and services should be provided, in accordance with national conditions and practice, by one or more of the following institutions:

(a)

Public authorities;

(b)

Interested shipowners and seafarers' organisations, by virtue of collective agreements or other provisions adopted by common accord;

(c)

Volunteer organizations.

3. The necessary welfare and leisure facilities should be created or developed in the ports. They should include:

(a)

Meeting and relaxation rooms as required;

(b)

Sports facilities and other outdoor facilities, including competitions;

(c)

Educational facilities;

(d)

Where appropriate, facilities for practicing religion and obtaining personal advice.

4. These facilities may be provided by making available to seafarers, depending on their needs, facilities for a more general purpose.

5. When a large number of seafarers of different nationalities require, in a particular port, certain facilities such as hotels, sports clubs or facilities, the competent authorities or institutions of their countries of origin And flag States, as well as interested international associations, should consult and cooperate with each other, as well as with the competent authorities and bodies of the country in which the port is located, with a view to Their common resources and avoid unnecessary duplication.

6. There should be hotels or homes adapted to the needs of seafarers, where necessary. They should provide services equivalent to that of a good class hotel and should, as far as possible, be well located and not be in close proximity to the port facilities. Such hotels or households should be subject to appropriate control, prices should be reasonable and, where necessary and feasible, arrangements should be made to accommodate the families of seafarers.

7. These facilities should be open to all seafarers irrespective of nationality, race, colour, sex, religion, political or social opinion and irrespective of the flag State of the ship on which they are Employed or engaged or employed. Without contravening this principle in any way, it may be necessary in certain ports to provide for several types of facilities of a comparable level but adapted to the customs and needs of different groups of people. Sea.

8. Arrangements should be made to ensure that, to the extent necessary, qualified staff is employed on a full-time basis, in addition to potential volunteer agents, for the management of seafarers' welfare facilities and services.

Guiding Principle B4.4.3 Welfare tips

1. Welfare councils should be established, as appropriate at the port level or at regional or national level. Their duties should include:

(a)

To ensure that welfare facilities are still adequate and to determine whether or not to create others or to remove those under-use;

(b)

Assist and advise those who are responsible for providing facilities for well-being and for ensuring coordination between them.

2. Welfare councils should include representatives of shipowners and seafarers' organisations, the competent authority and, where appropriate, voluntary organisations and social agencies.

3. Depending on the circumstances, the consuls of the maritime states and the local representatives of the foreign welfare agencies should be involved, in accordance with national legislation, in the work of the port, regional or regional welfare councils National.

Guiding Principle B4.4.4 Financing of welfare facilities

1. In accordance with national conditions and practice, financial support for wellness facilities at ports should come from one or more of the following sources:

(a)

Public subsidies;

(b)

Taxes or other special duties paid by the marine environment;

(c)

Voluntary contributions from shipowners, seafarers or their organisations;

(d)

Voluntary contributions from other sources.

(2) Where taxes and other special rights are provided for in order to finance welfare services, they should be used only for the purposes for which they are raised.

Guiding Principle B4.4.5 Dissemination of information and facilitation measures

Seafarers should receive information on all means available to the public at ports of call, including means of transport, welfare services, recreational and educational services and places of worship, as well as On those specially designed for them.

2. Adequate and affordable means of transportation should be available at all reasonable times when necessary to allow seafarers to travel to the city from easy access points in the port area.

3. The competent authorities should take the necessary measures to make known to shipowners as well as seafarers arriving in a port any special law or custom whose violation could endanger their freedom.

4. The competent authorities should provide port areas and access roads to ports with adequate lighting and indicator signs and carry out regular patrols in order to ensure the protection of seafarers.

Guiding Principle B4.4.6 Seafarers in a foreign port

1. In order to protect seafarers in a foreign port, measures should be taken to facilitate:

(a)

Access to the consul of the State of which they are nationals or of the State in which they reside;

(b)

Effective cooperation between consuls and local or national authorities.

2. The case of seafarers imprisoned or recorded in a foreign port must be dealt with promptly, in accordance with the legal procedure, and the persons concerned must be provided with the appropriate consular protection.

3. Where a sailor is imprisoned or consigned, for any reason, in the territory of a Member, the competent authority should, if the seafarer so requests, immediately inform the flag State and the State of which the sailor is National. The competent authority should promptly inform the seaman of his right to make such a request. The state whose sailor is a national should promptly inform the seafarer's family. The competent authority should authorise the consular officers of these states to immediately see the sailor and to visit him regularly thereafter as long as he is incarcerated.

4. Every Member should, whenever necessary, take measures to protect seafarers from attacks and other illegal acts when the ship is in its territorial waters and in particular around the ports.

5. Officials at ports and on board ships should make every effort to allow seafarers to go ashore as soon as possible after the ship arrives at the port.

Purpose: to ensure the adoption of measures to benefit the seafarers of social security

1. Every Member shall ensure that all seafarers and, to the extent provided for in its national legislation, are entitled to social security protection in accordance with the Code, without prejudice, however, to conditions more In favor of s. 8 of art. 19 of the Constitution.

2. Any Member undertakes to take measures, in accordance with its national situation, on an individual basis, as in the framework of international cooperation, to progressively achieve comprehensive social security protection for seafarers.

3. Every Member shall ensure that seafarers who are subject to its social security legislation and, to the extent provided for in its national legislation, are entitled to security protection Social, which is no less favourable than that enjoyed by land-based workers.

A4.5 Standard Social security

1. The branches to be taken into account for the progressive achievement of the comprehensive social security protection provided for in Rule 4.5 are medical care, sickness benefits, unemployment benefits, old-age benefits, Benefits in the event of accidents at work or occupational disease, family benefits, maternity benefits, invalidity benefits and survivor benefits, which supplement the protection provided for in Rules 4.1, Concerning medical care, and 4.2 concerning the liability of shipowners, as well as Other titles of this Convention.

2. At the time of ratification, the protection provided by any Member in accordance with s. Rule 4.5 shall include at least three of the nine branches listed in subs. 1 of this Standard.

3. Any Member shall take measures, in accordance with its national situation, to ensure the additional social security protection provided for in par. 1 of this standard to all seafarers ordinarily resident on its territory. This responsibility can be implemented, for example, through bilateral or multilateral agreements in this area or through contribution-based systems. The protection thus guaranteed must not be less favourable than that enjoyed by those working on land who reside in the territory of the Member in question.

4. Notwithstanding the assignment of responsibilities indicated in s. 3 of this Standard, Members may establish, through bilateral or multilateral agreements, or through provisions adopted within the framework of regional economic integration organizations, other rules relating to the Social security applicable to seafarers.

5. The responsibilities of any Member concerning seafarers on board ships flying its flag shall include those laid down in Rules 4.1 and 4.2 and the corresponding provisions of the Code and those which are inherent Its general obligations under international law.

6. Any Member shall examine the various modalities according to which, in the absence of sufficient coverage in the branches mentioned in subs. 1 of this standard, comparable benefits will be provided to seafarers in accordance with national legislation and practice.

7. Coverage under s. 1 of Rule 4.5 may, as the case may be, be provided for by legislation, private plans, collective agreements or a combination thereof.

8. To the extent consistent with their national legislation and practice, Members shall cooperate, by way of bilateral or multilateral agreements or other arrangements, to ensure the maintenance of rights relating to social security, Be insured by contributory or non-contributory systems acquired or in the course of acquisition by seafarers, irrespective of their place of residence.

Every Member shall establish fair and effective procedures for the settlement of disputes.

10. Any Member, upon ratification, shall specify the branches for which protection is provided, in accordance with subs. 2 of this Standard. When it subsequently provides coverage for one or more of the other branches listed in subs. 1 of this Standard, it shall inform the Director-General of the ILO, which shall maintain a register of such opinions, which shall be made available to all interested parties.

11. Reports submitted to the ILO under Art. 22 of the Constitution shall also contain information on the measures taken in accordance with subs. 2 of Rule 4.5 to extend protection to other branches.

Guiding Principle B4.5 Social security

1. The protection provided at the time of ratification, in accordance with par. 2 of the A4.5 standard, should cover at least medical care, sickness benefits and benefits in the event of an accident at work or occupational disease.

2. In the cases referred to in par. 6 of the A4.5 standard, comparable benefits may be provided by way of insurance, bilateral or multilateral agreements or other appropriate means, taking into account the provisions of the relevant collective agreements. Where such measures are adopted, the seafarers to whom they apply should be informed of the manner in which the protection provided by the various branches of social security will be provided.

3. Where seafarers are covered by more than one national social security legislation, the Members concerned should cooperate with a view to determining by mutual agreement that of the laws which will apply, taking into account factors As the type and level of protection more favourable to the seafarers concerned, as well as their preference.

4. The procedures to be defined under s. 9 of the A4.5 standard should be designed to cover all disputes relating to the claims of interested seafarers, regardless of the manner in which coverage is provided.

5. Any Member with national seafarers or non-national seafarers, or both, employed on ships flying its flag should offer the social security protection provided for in this Convention, as applicable, and Should periodically review the branches of the social security protection covered by s. 1 of the A4.5 standard to identify any other useful branch to the seafarers concerned.

6. The contract of maritime engagement should specify how protection of the various branches of social security will be provided to the person concerned by the shipowner and contain any other relevant information available to him, As the compulsory deductions for the wages of the seaman and the contributions of the shipowner which may be required, in accordance with the requirements of the authorised bodies specified under the applicable national social security schemes.

7. When exercising its jurisdiction in the field of social matters, the Member whose vessel is flying the flag should ensure that the obligations of shipowners in the field of social security protection are respected, in particular in The payment of contributions to social security schemes.

Purpose: to ensure that any Member discharges its responsibilities under this Convention in respect of ships that ba T Take its flag

1. It is the responsibility of any Member to ensure that its obligations under this Convention are implemented on board ships flying its flag.

2. Any Member shall establish an efficient system for the inspection and certification of maritime labour conditions, in accordance with Rules 5.1.3 and 5.1.4, with a view to ensuring that the working and living conditions of seafarers are and remain consistent To the standards of this Convention on board ships flying its flag.

3. For the purpose of establishing an efficient system for the inspection and certification of maritime labour conditions, a Member may, where appropriate, empower public institutions or other bodies, including those of another Member, if It consents to it, recognizing its competence and independence in carrying out inspections or issuing certificates, or both. In all cases, the Member shall retain full responsibility for the inspection and certification of the working and living conditions of the seafarers concerned on board ships flying its flag.

4. The Maritime Labour Certificate, supplemented by a declaration of conformity of maritime labour, certifies, in the absence of proof to the contrary, that the ship has been duly inspected by the flag State and that the requirements of this Convention concerning The working and living conditions of seafarers were followed in the certified measure.

5. Information on the system referred to in par. 2 of this Rule, including the method used to assess its effectiveness, shall be included in the reports submitted by the Member to the ILO under Art. 22 of the Constitution.

A5.1.1 Standard General Principles

1. Any Member shall define specific objectives and standards for the administration of its inspection and certification systems, as well as appropriate general procedures to assess the extent to which these objectives are being met and standards Respected.

(2) Any Member shall require that a copy of this Convention be made available on board all ships flying its flag.

Guiding Principle B5.1.1 General Principles

The competent authority should take the necessary steps to promote effective cooperation between public institutions and other bodies referred to in Rules 5.1.1 and 5.1.2 and who are interested in Working and living conditions of seafarers on board ships.

2. In order to ensure more effective cooperation between inspectors and shipowners, seafarers and their respective organisations, and in order to maintain or improve the working and living conditions of seafarers, the competent authority Should consult regularly with representatives of the said organisations on how best to achieve these objectives. The modalities of such consultations should be determined by the competent authority after consultation with the shipowners'and seafarers' organisations.

The competent authority shall have established that the public institutions or other bodies referred to in s. 3 of Rule 5.1.1 ("recognised organisations"), are in conformity with the requirements of the Code as to their competence and independence. The inspection or certification functions which recognised organisations may be authorised to carry out shall be subject to activities for which the code expressly states that they will be carried out by the competent authority or an organisation Recognized.

2. The reports referred to in par. 5 of Rule 5.1.1 shall contain information relating to any recognised organisation, the scope of the powers conferred upon it and the arrangements made by the Member to ensure that the authorised activities are carried out in a manner that is Complete and effective.

A5.1.2 Standard Empowerment of recognized organizations

1. For the purpose of the clearance referred to in s. 1 of Rule 5.1.2, the competent authority shall examine the competence and independence of the body concerned and establish that it has demonstrated that, to the extent necessary for the performance of the activities covered by the clearance:

(a)

It has the expertise corresponding to the relevant aspects of this Convention and sufficient knowledge of the operation of the vessels, including the minimum requirements for the work on board a ship, the conditions Employment, housing and recreation, food and table service, accident prevention, health protection, medical care, welfare and social security protection;

(b)

It is able to maintain and update the skills of its staff;

(c)

It has sufficient knowledge of the requirements of this Convention and of the applicable national law and relevant international instruments;

(d)

Its size, structure, experience and means correspond to the type and scope of the clearance.

2. Any authorisation granted in respect of inspection must at least authorise the body recognised to require the correction of the defects it has found in relation to the working and living conditions of seafarers and to carry out inspections in that area. Domain if requested by the port state.

3. Any Member shall establish:

(a)

A system to ensure the adequacy of the tasks carried out by recognised organisations, including information on all applicable provisions of national legislation and relevant international instruments;

(b)

Procedures for communicating with and monitoring these bodies.

4. Any Member shall provide the ILO with the list of recognised organisations which it has authorised to act on its behalf and shall keep this list up to date. The list shall indicate the functions which the recognised organisations are entitled to perform. The Bureau will make this list available to the public.

Guiding Principle B5.1.2 Empowerment of recognized organizations

1. The organization seeking recognition should demonstrate that it has the necessary technical, managerial and managerial competence and capacity to ensure the provision of quality service within the prescribed time frame.

2. For the purpose of assessing the means available to a given body, the competent authority should verify that it:

(a)

Has adequate technical, management and support staff;

(b)

Provides, in order to provide the required services, qualified professionals in sufficient numbers and distributed in such a way as to ensure adequate geographical coverage;

(c)

Has demonstrated its ability to deliver quality services within the prescribed time frame;

(d)

Is independent and able to account for its action.

The competent authority should enter into a written agreement with any body which it recognises for the purpose of a clearance. In particular, this agreement should cover the following:

(a)

Scope of application

(b)

Object;

(c)

General conditions;

(d)

Carrying out the functions covered by the enabling environment;

(e)

Legal basis for the functions covered by the enablers;

(f)

Reporting to the competent authority;

(g)

Notification of the authorisation by the competent authority to the recognised organisation;

(h)

Control by the competent authority of the activities delegated to the recognised organisation.

4. Any Member should require recognised organisations to develop a system for the qualification of staff employed as inspectors so as to ensure the regular updating of their knowledge and skills.

5. Any Member should require recognised organisations to keep records of their services so as to be able to establish that they have acted in accordance with the applicable standards for the aspects covered by those services.

6. In developing the control procedures referred to in s. 3 (b) of Standard A5.1.2, any Member should take into account the Guidelines for the Empowerment of Organizations acting on behalf of the Administration adopted within the framework of the IMO.

1. This rule applies to ships:

(a)

Of a gross tonnage equal to or greater than 500, engaged on international voyages;

(b)

Of a gross tonnage equal to or greater than 500, flying the flag of a Member and operating from a port or between two ports in another country.

For the purposes of this Rule, "international voyage" means a voyage of a country to a port of another country.

2. This Rule shall also apply to any ship that is flying the flag of a Member and which is not covered by s. 1 of this Rule, upon request of the shipowner to the Member concerned.

3. Every Member shall require ships flying its flag to maintain and maintain a Maritime Labour Certificate certifying that the working and living conditions of seafarers on board, including measures to ensure the Continuing compliance with the adopted provisions to be included in the Maritime Labour Declaration of Conformity referred to in s. 4 of this Rule, have been the subject of an inspection and comply with the requirements of national law or other provisions for the application of this Convention.

4. Every Member shall require ships flying its flag to maintain and maintain a declaration of conformity of maritime labour specifying the national requirements for the application of this Convention in respect of The working and living conditions of seafarers and setting out the measures adopted by the shipowner to ensure compliance with these requirements on the vessel or vessels concerned.

5. The Maritime Labour Certificate and the Maritime Labour Declaration of Conformity shall conform to the model prescribed by the Code.

6. Where the competent authority of the Member or a recognised body duly authorised to that effect has verified by an inspection that a ship flying the flag of the Member complies or continues to comply with the standards of this Convention, it shall Issuing or renewing the corresponding Maritime Labour Certificate, and recording it in a publicly accessible file.

Detailed requirements concerning the Maritime Labour Certificate and the Maritime Labour Declaration of Conformity, including a list of the points to be inspected and approved, are set out in Part A of the Code.

Standard A5.1.3 Maritime Labour Certificate and Maritime Labour Declaration

The Maritime Labour Certificate shall be issued to the ship, for a period not exceeding five years, by the competent authority or by a recognised body duly authorised for that purpose. The list of items to be inspected and found to be in conformity with national law or other provisions for the application of the requirements of this Convention in respect of the working and living conditions of seafarers On board before a Maritime Labour Certificate can be issued is set out in Annex A5-I.

2. The validity of the Maritime Labour Certificate shall be subject to the completion of an intermediate inspection, carried out by the competent authority or by a recognised body authorised to that effect, which is intended to verify that the National requirements for the application of this Convention are always complied with. If only one intermediate inspection is carried out while the certificate has a validity period of five years, that inspection must take place between the second and third anniversary of the date of the establishment of the certificate. The anniversary date is the day and month of each year that correspond to the expiry date of the Maritime Labour Certificate. The intermediate inspection must be as extensive and thorough as the inspections carried out for the renewal of the certificate. The certificate will be subject to a favourable intermediate inspection.

3. Notwithstanding s. 1 of this standard, where the inspection carried out for the purpose of renewal has taken place within three months before the expiry of the current certificate, the new Maritime Labour Certificate shall be valid from the date on which The inspection in question has been carried out for a period not exceeding five years from the expiry date of the current certificate.

4. Where the inspection for renewal has taken place more than three months before the due date of the current certificate, the new Maritime Labour Certificate shall be valid for a term not exceeding five years from the date of Which the inspection in question took place.

5. The Maritime Labour Certificate may be issued provisionally:

(a)

New vessels, on delivery;

(b)

When a ship changes its flag;

(c)

When a shipowner takes into account the operation of a ship that is new to that shipowner.

6. A Maritime Labour Certificate may be issued provisionally only for a period not exceeding six months by the competent authority or a recognised body duly authorised to do so.

7. A Provisional Maritime Labour Certificate shall be issued only after it has been established that:

(a)

The ship has been inspected, to the extent reasonably possible, with regard to the requirements listed in Annex A5-I, taking into account the verification of the elements referred to in the paragraphs. (b), (c) and (d) of this paragraph;

(b)

The shipowner has demonstrated to the competent authority or recognised body that adequate procedures are carried out on board with a view to ensuring compliance with the provisions of this Convention;

(c)

The master is aware of the requirements of this Convention and the implementation obligations;

(d)

The required information has been submitted to the competent authority or recognised organisation for the preparation of a declaration of conformity of maritime labour.

8. The issuance of the Maritime Labour Certificate for a period of ordinary validity shall be subject to the completion, before the due date of the provisional certificate, of a complete inspection as provided for in subs. 1 of this Standard. No new provisional certificate will be issued after the initial six-month period referred to in par. 6 of this Standard. The issuance of a Maritime Labour Declaration of Conformity is not required for the duration of the provisional certificate.

9. The Maritime Labour Certificate, the Provisional Maritime Labour Certificate and the Maritime Labour Declaration of Conformity shall be prepared in accordance with the models set out in Annex A5-II.

10. The Maritime Labour Declaration will be appended to the Maritime Labour Certificate. It consists of two parts:

(a)

Part I shall be established by the competent authority, which shall: (i) indicate the list of points to be inspected under subsection (1). 1 of this Standard; (ii) indicates the national requirements giving effect to the relevant provisions of this Convention by referring to the applicable provisions of the national law and by giving, to the extent necessary, Concise information on the important points of national requirements; (iii) refers to the requirements of national legislation relating to certain categories of vessels; (iv) refers to any equivalent provision in the whole Adopted under s. 3 of Art. VI; (v) clearly indicates any derogation granted by the competent authority under Title 3;

(b)

Part II shall be established by the shipowner and shall set out the measures adopted to ensure continued compliance with the national requirements between two inspections and the measures proposed for continuous improvement.

The competent authority or body duly authorised for this purpose shall certify Part II and issue the Declaration of Conformity of Maritime Labour.

11. The result of all subsequent inspections or other checks on the vessel and any significant defects identified during these checks shall be recorded, as shall the date of the finding that the defects have been remedied. This information, accompanied by an English translation where they are not recorded in that language, is either transcribed on the Maritime Labour Declaration of Conformity or annexed to that document, or must be made available to the Seafarers, flag State inspectors, authorised officials of the port State and representatives of shipowners and seafarers by other means, in accordance with national legislation.

12. A valid and up-to-date copy of the Maritime Labour Certificate and Maritime Labour Declaration, and their translation into English when the original is not in that language, must be kept on board and a copy must be Displayed prominently in a location accessible to seafarers. Copies of these documents shall be communicated to seafarers, flag State inspectors, authorised officials of the port State or representatives of shipowners and seafarers who will make the request, in accordance with national legislation.

13. The requirement for the production of an English translation referred to in s. 11 and 12 of this standard, does not apply to a ship that does not make an international voyage.

14. Any certificate issued pursuant to s. 1 or 5 of this Standard ceases to be valid:

(a)

If the prescribed inspections are not carried out within the time limits set out in s. 2 of this standard;

(b)

If the certificate is not subject to s. 2 of this standard;

(c)

If there is a change in the ship's flag;

(d)

When a shipowner ceases to be responsible for the operation of a ship;

(e)

Where significant changes have been made to the structure or equipment referred to in Title 3.

15. In the case referred to in par. 14 (c), (d) or (e) of this Standard, the new certificate shall be issued only if the competent authority or the recognized body issuing it is fully satisfied that the ship complies with the requirements of this Standard.

16. A Maritime Labour Certificate shall be withdrawn by the competent authority or body duly authorised for that purpose by the flag State if it is established that the ship in question does not comply with the requirements of this Convention and No prescribed corrective action has been taken.

17. Where a withdrawal of a Maritime Labour Certificate is envisaged in accordance with par. 16 of this standard, the competent authority or recognized body shall take into account the seriousness or frequency of the deficiencies.

Guiding Principle B5.1.3 Maritime Labour Certificate and Maritime Labour Declaration

1. The statement of national requirements contained in Part I of the Maritime Labour Declaration of Conformity should include or be accompanied by references to legislative provisions governing the working and living conditions of persons For each of the requirements listed in Annex A5-I. Where national legislation contains precisely the requirements set out in this Convention, it shall be sufficient to refer to it. Where a provision of this Convention is implemented by equivalent provisions in the whole, in accordance with par. 3 of Art. VI should be identified and a concise explanation should be provided. Where a derogation is granted by the competent authority under Title 3, the provision or provisions in question should be clearly indicated.

2. The measures referred to in Part II of the Maritime Labour Declaration of Conformity, drawn up by the shipowner, should in particular indicate on what opportunities the continued compliance with certain national requirements will be verified, the Persons to conduct the audit, the records to be kept, and the procedures to be followed if a non-compliance is found. Part II may be in various forms. It may refer to more general documentation of policies and procedures relating to other aspects of the maritime sector, such as the documents required by the International Safety Management Code (ISM Code) or Information required under Rule 5 of Chapter XI-1 of the SOLAS Convention, which relates to the continuous synoptic sheet of vessels.

3. The measures to ensure continued compliance should refer in particular to the general international requirements requiring the shipowner and the master to keep abreast of the latest developments in technology and In the light of the dangers inherent in the work of seafarers, and to inform the representatives of seafarers accordingly, thereby guaranteeing a better level of protection for seafarers. Working and living conditions of seafarers on board.

It is important, above all, that the declaration of conformity of maritime labour should be worded in clear terms with a view to helping all concerned, in particular flag State inspectors, authorised officials of the port State And seafarers, to verify that the requirements are properly implemented.

5. Annex B5-I provides an example of the information that may be included in the declaration of conformity of maritime labour.

6. When a ship changes its flag as indicated in par. 14 (c) of Standard A5.1.3 and that the two States concerned have ratified this Convention, the State whose ship was entitled to fly the flag above should, as soon as possible, communicate to the competent authority of the other Member A copy of the Maritime Labour Certificate and the Declaration of Maritime Labour Compliance kept on board the vessel prior to the change of flag and, if applicable, copies of the relevant inspection reports if the competent authority Request within three months of the date of the change of the flag.

1. Every Member shall verify, through an efficient and coordinated system of periodic inspections, surveillance and other control measures, that ships flying its flag comply with the requirements of this Convention as they are Implemented by national legislation.

2. Part A of the Code contains detailed requirements concerning the inspection and enforcement system referred to in par. 1 of this Rule.

Standard A5.1.4 Inspection and enforcement

1. Every Member shall have a system of inspection of conditions made to seafarers on board vessels flying its flag, in particular to verify that the measures relating to the working and living conditions set out in the declaration of Conformity of maritime work, where appropriate, shall be followed and the requirements of this Convention shall be complied with.

2. The competent authority shall designate qualified inspectors in sufficient numbers to fulfil its responsibilities under s. 1 of this Standard. Where recognised organisations are authorised to carry out inspections, the Member shall require that the persons assigned to this activity have the necessary qualifications to do so and shall give the necessary legal authority to the persons concerned. Perform their duties.

3. The necessary arrangements shall be made to ensure that inspectors have the necessary training, powers, powers, powers, status and independence in order to carry out the verification and ensure the Compliance referred to in s. 1 of this Standard.

4. Inspections shall be carried out at intervals according to the requirements of Standard A5.1.3, where applicable. In no case shall such intervals exceed three years.

5. If a Member receives a complaint which does not appear to be manifestly unfounded or becomes evidence that a ship flying its flag does not comply with the requirements of this Convention or that there are serious shortcomings in the application The measures set out in the declaration of conformity of maritime labour, it shall take the necessary steps to investigate the matter and ensure that measures are taken to remedy the deficiencies noted.

6. Every Member shall formulate appropriate rules and ensure their effective implementation with a view to guaranteeing the inspectors a status and conditions of service to make them independent of any change of government and of any external influence Indue.

7. Inspectors, having received clear instructions on the tasks to be performed and with appropriate powers, shall be authorized to:

(a)

Boarding ships flying the Member's flag;

(b)

Carrying out any examinations, controls or investigations that they consider necessary to ensure that the standards are strictly complied with;

(c)

To require that any failure to fulfil obligations be remedied and that a vessel be prohibited from leaving the port until the necessary measures have been taken where they have reason to believe that the deficiencies constitute a serious breach of the requirements Of this Convention, including the rights of seafarers, or constitute a serious danger to the safety, health or safety of seafarers.

8. Any action taken under s. 7 (c) of this Standard shall be subject to appeal to the judicial or administrative authority.

9. Inspectors shall have the right to provide advice instead of initiating or recommending prosecution where there is no manifest infringement of the requirements of this Convention which endangs the safety, health or safety of the Concerned seafarers and there is no history of similar offences.

10. Inspectors shall keep confidential the source of any complaint or complaint alleging that there is a danger or failure to compromise the working and living conditions of seafarers, or that there is a violation of the provisions Shall not disclose to the shipowner or his representative or the operator of the ship that an inspection has been carried out as a result of such a complaint or complaint.

11. Inspectors should not be entrusted with tasks in number or nature, such as being likely to interfere with an effective inspection or to prejudice their authority or impartiality vis-à-vis shipowners, Sea or any other interested party. In particular, inspectors must:

(a)

Have the prohibition of having any interest, direct or indirect, in the activities they are called upon to control;

(b)

Be required, under penalty of appropriate sanctions or disciplinary measures, not to disclose, even after they have ceased their duties, trade secrets or confidential operating procedures or personal information of which They may have had knowledge in the performance of their duties.

12. Inspectors shall submit a report to the competent authority for inspection. A copy of this report, in English or in the language of work of the ship, shall be given to the master and another shall be displayed on the display board of the ship for the information of seafarers and communicated to their representatives, on Request.

The competent authority shall keep records of inspections of conditions made to seafarers on board vessels flying the flag of the Member of which it is responsible. It shall publish an annual report on inspection activities within a reasonable period of not more than six months from the end of the year.

14. In the case of an investigation following a major incident, the report shall be submitted to the competent authority as soon as possible and no later than one month after the conclusion of the investigation.

When an inspection is carried out or when measures are taken in accordance with the provisions of this Standard, all reasonable efforts shall be made to ensure that the vessel is not unduly withheld or delayed.

16. Compensation shall be paid in accordance with national law for any loss or damage resulting from the unlawful exercise of the powers of the inspectors. The burden of proof lies with the complainant in each case.

Appropriate sanctions and other corrective measures shall be provided for and effectively applied by any Member in the event of an infringement of the provisions of this Convention, including the rights of seafarers, and of interference with the exercise of Duties of inspectors.

Guiding Principle B5.1.4 Inspection and enforcement

1. The competent authority and any other service or authority responsible for all or part of the inspection of the conditions of work and life of seafarers should have the necessary resources to carry out their duties. In particular:

(a)

Any Member should take the necessary measures to ensure that inspectors, as appropriate, have the assistance of experts and technicians who are duly qualified in the performance of their work;

(b)

Inspectors should have properly located premises, as well as adequate physical and transport facilities, in order to carry out their tasks effectively.

2. The competent authority should draw up a compliance and enforcement policy in order to ensure consistency and to guide the inspection and enforcement activities relating to this Convention. The statement of this policy should be communicated to all inspectors and representatives of the law concerned and kept at the disposal of the public as well as shipowners and seafarers.

3. The competent authority should establish simple procedures enabling it to be treated confidentially with any information relating to possible infringements of the requirements of this Convention, including the rights of people Sea, submitted by seafarers directly or through their representatives and ensure that inspectors can investigate the matter without delay, including:

(a)

By enabling the master, seafarers or representatives of seafarers to request an inspection when deemed necessary;

(b)

By providing information and technical advice to shipowners and seafarers and interested organizations on the most effective means of giving effect to the requirements of this Convention and to work for a Continuous improvement of conditions for seafarers on board ships.

4. Inspectors should be fully trained and sufficiently large in order to carry out their tasks effectively with due regard to the following:

(a)

The importance of their tasks, in particular the number, nature and size of vessels subject to inspection, and the number and complexity of the legal provisions to be applied;

(b)

Resources made available to inspectors;

(c)

The practical conditions under which the inspection must be carried out in order to be effective.

5. Subject to the conditions established by the national legislation for recruitment into the public service, inspectors should have adequate qualifications and training to carry out their duties and, as far as possible, to have Marine training or a marine experience. They should have adequate knowledge of the working and living conditions of seafarers and the English language.

6. Steps should be taken to ensure that inspectors are properly developed in the course of their employment.

7. All inspectors should be aware precisely of the circumstances in which an inspection is to be carried out, the scope of the inspection to be carried out in the different circumstances and the general method of inspection.

8. Inspectors, with the necessary powers under national law, should at least be authorized:

(a)

To board ships freely and on an ad hoc basis. However, at the time of the ship's inspection, the inspectors should inform the captain or the person in charge of their presence and, as the case may be, the seafarers or their representatives;

(b)

To question the master, seafarers or any other person, including the shipowner or his representative, on any matter concerning the application of the requirements of the legislation, in the presence of any witness whom the person may have requested;

(c)

To require the communication of all books, logbooks, registers, certificates or other documents or information directly related to the subject matter of the inspection in order to verify that the national legislation implementing the This Convention is respected;

(d)

Ensure that the notices required by the national legislation implementing this Convention are posted;

(e)

Collect and carry samples of products, goods, drinking water, food, materials and substances used or handled for analysis;

(f)

Following an inspection, to bring immediately to the attention of the shipowner, the operator of the ship or the master any shortcomings which may be detrimental to the health and safety of persons on board;

(g)

Alert the competent authority and, where appropriate, the recognised organisation of any infringements or abuses that the legislation in force does not specifically take into account and to make proposals for the improvement of that legislation;

(h)

Notify the competent authority of any accidents at work or occupational disease affecting seafarers in cases and in the manner prescribed by law.

9. Where a sample is taken or carried in accordance with par. 8 (e) of this guiding principle, the shipowner or his representative and, as the case may be, a seaman should attend or be notified of the operation. The quantity of the sample should be duly recorded by the inspector.

The annual report published by the competent authority of any Member with regard to ships flying the flag of that Member should include:

(a)

A list of the laws and regulations in force relating to the working and living conditions of seafarers, as well as all amendments which have become applicable during the year;

(b)

Detailed information on the organisation of the inspection system;

(c)

Statistics of ships or other premises subject to inspection and of ships or other premises actually inspected;

(d)

Statistics for all seafarers subject to national legislation;

(e)

Statistics and information on violations of legislation, sanctions imposed and cases where ships have been detained;

(f)

Statistics on accidents at work and occupational diseases affecting seafarers and which have been reported.

1. Every Member shall require that vessels flying its flag shall have procedures in place for a fair, efficient and expeditious resolution of any complaint submitted by a seafarer alleging an infringement of the requirements of this Convention, including Including the rights of seafarers.

2. Every Member shall prohibit and punish any form of victimisation of a seafarer who has lodged a complaint.

3. The provisions of this Rule and the relevant sections of the Code shall be without prejudice to the right of the sailor to seek compensation by any legal means appropriate to him.

A5.1.5 Standard Complaint procedures on board

1. Without prejudice to a wider scope than national legislation or collective agreements may specify, seafarers will be able to use the procedures on board to lodge a complaint on any matter which they consider to be a Violation of the requirements of this Convention, including the rights of seafarers.

(2) Every Member shall ensure that the legislation provides for the establishment of appropriate on-board complaints procedures in order to comply with the requirements of Rule 5.1.5. These procedures should be aimed at ensuring that the dispute at the origin of the complaint is resolved at the lowest possible level. However, in all cases, seafarers have the right to complain directly to the captain and, if they deem it necessary, to the appropriate external authorities.

3. Seafarers have the right to be accompanied or represented during the complaint procedure on board and measures will be provided to prevent the victimization of seafarers who have filed a complaint. The term Victimization Means any malicious act, whatever the perpetrator, against a sailor who has filed a complaint that is not manifestly abusive or slanderous.

4. All seafarers must receive, in addition to a copy of their maritime commitment contract, a document describing the complaint procedures in effect on board the vessel. The document should mention in particular the contact details of the competent authority in the flag State and, if not the same, in the country of residence of seafarers, as well as the name of one or more persons on board who Would be able, in confidence, to advise them impartially on their complaint and to assist them in any other way in the implementation of the complaint procedure that is open to them while on board.

Guiding Principle B5.1.5 Complaint procedures on board

1. Subject to all relevant provisions of a relevant collective agreement, the competent authority should, in close consultation with shipowners and seafarers' organisations, establish a model for the establishment of Fair, expeditious and documented procedures for handling complaints on board vessels flying the flag of the Member concerned. The following elements should be taken into account when establishing these procedures:

(a)

Many complaints can specifically target the people to whom they are to be subjected, or even the captain of the ship. In any event, seafarers should also be able to complain directly to the captain or to external bodies;

(b)

In order to avoid any victimization of seafarers who have filed a complaint with respect to matters covered by this Convention, procedures should encourage the designation on board the ship of a person to advise people of Sea on the proceedings to which they may have recourse and, if requested by the marine author of the complaint, to attend any maintenance or hearing relating to the ground of the dispute.

2. The procedures reviewed during the consultations referred to in s. 1 of this guiding principle should at least provide as follows:

(a)

Complaints should be referred to the head of the seafarer's complaint or line manager;

(b)

The chief of service or the line officer of the seaman should endeavour to resolve the problem within a prescribed period of time, appropriate to the gravity of the subject matter;

(c)

If the chief of service or line manager fails to resolve the dispute to the satisfaction of the sailor, he or she may refer the matter to the captain, who should take personal care of the matter;

(d)

Seafarers should at all times have the right to be accompanied and represented by another sailor of their choice on board the vessel concerned;

(e)

Complaints and decisions to which they have given rise should be recorded and copied to the seafarers concerned;

(f)

If a complaint cannot be resolved on board, it should be subject to land to the shipowner, who should have sufficient time to resolve the problem, if necessary in consultation with the seafarers concerned or any person whom they may Appoint to represent them;

(g)

In all cases, seafarers should have the right to direct their complaint directly to the master and the shipowner and to the competent authorities.

1. Every Member shall conduct a formal investigation into any serious marine accident resulting in injury or loss of human life involving a ship flying its flag. The final report of this investigation is in principle made public.

2. Members shall cooperate in order to facilitate the investigation of serious maritime accidents referred to in subs. 1 of this Rule.

Standard A5.1.6 Marine Accidents

(No provisions)

Guiding Principle B5.1.6 Marine Accidents

(No provisions)

Purpose: to enable any Member to assume the responsibilities incumbent upon it under this Convention with regard to cooperr A International action required to ensure the implementation and enforcement of Convention standards on board foreign vessels

1. Each foreign ship calling, in the ordinary course of its activity or for a reason inherent in its operation, in the port of a Member is liable to be inspected, in accordance with the provisions of par. 4 of Art. V, to verify compliance with the requirements of this Convention relating to the working and living conditions of seafarers on board the ship, including the rights of seafarers.

(2) Any Member shall accept the Maritime Labour Certificate and the Maritime Labour Declaration of Conformity as required by Rule 5.1.3 as attesting, in the absence of proof to the contrary, compliance with the requirements of this Convention, including rights Of seafarers. Consequently, except in the cases specified in the Code, the inspection at its ports is limited to the control of the certificate and the declaration.

3. Port inspections shall be carried out by authorised officials, in accordance with the provisions of the Code and other applicable international agreements governing inspections carried out in the Member's territory for the purposes of monitoring Ships by the port state. Such inspections shall be limited to verifying that the aspects examined are in conformity with the applicable requirements of the Articles and the rules of this Convention as well as of Part A of the Code.

4. The inspections carried out pursuant to this Rule shall be based on an efficient system of inspection and surveillance under the port State and capable of helping to ensure that the working and living conditions of seafarers on board Ships released in the port of the Member concerned shall comply with the requirements of this Convention, including the rights of seafarers.

5. Information relating to the system referred to in par. 4 of this Rule, including the method used to assess its effectiveness, shall be included in the reports submitted by Members pursuant to Art. 22 of the Constitution.

A5.2.1 Standard Port Inspections

1. Where an authorized official, who has presented on board for an inspection and has requested, where applicable, the Maritime Labour Certificate and the Maritime Labour Declaration of Conformity, finds that:

(a)

The documents required are not presented or are not kept up-to-date, or are false, or that the documents submitted do not contain the information required by this Convention or are invalid for any other reason; or

(b)

There are strong reasons to believe that the conditions of work and life on board the ship do not comply with the requirements of this Convention; or

(c)

There are reasonable grounds to believe that the ship has changed its flag in order to escape the obligation to comply with the provisions of this Convention; or

(d)

A complaint has been lodged on the grounds that certain conditions of work and life on board the ship are not in conformity with the requirements of this Convention;

A more thorough inspection may be carried out in order to verify the working and living conditions on board the vessel. Such an inspection shall in any case be made where the working and living conditions of which it is judged or alleged to be non-compliant could constitute a real danger to the safety, health or safety of seafarers, Or where the authorized official has reason to believe that any breach constitutes a serious breach of the requirements of this Convention, including the rights of seafarers.

2. Where a more thorough inspection is carried out on a foreign vessel in the port of a Member by authorised officials in the circumstances indicated in par. 1 (a), (b) or (c) of this Standard, it shall, in principle, cover the points listed in Annex A5-III.

3. Where a complaint is filed under s. 1 (d) of this standard, the inspection must generally be limited to the subject matter of the complaint, unless the complaint or its investigation provides strong grounds for carrying out a thorough inspection, in accordance with s. 1 (b) of this Standard. For the purposes of s. 1 (d) of this Standard, "complaint" means any information submitted by a seaman, professional body, association, trade union or, in general, any person with an interest in the safety of the ship, including The safety or health risks of seafarers on board.

4. Where, following a more detailed inspection, it is found that the conditions of work and life on board the ship are not in conformity with the requirements of this Convention, the authorized official shall immediately Knowledge of the master of the ship of the deficiencies found and the time limits in which it is to be remedied. In the event that the authorized official considers that the deficiencies noted are significant, or if the deficiencies are related to a complaint filed under s. 3 of this standard, the official authorized shall bring them to the knowledge of the shipowners'and seafarers' organisations present in the territory of the Member where the inspection is carried out, and it may:

(a)

Inform a representative of the flag State;

(b)

Communicate the relevant information to the competent authorities of the next port of call.

5. The Member in whose territory the inspection is carried out shall have the right to send to the ILO Director-General a copy of the inspection report accompanied, where appropriate, by the response provided within the time limit prescribed by the authorities The competent authority of the flag State, so that any measure which can be considered appropriate and useful is taken to ensure that this information is recorded and that it is brought to the knowledge of the parties likely to use the means Relevant remedies.

In the event that, after further inspection by the authorized official, it is found that the ship is not in conformity with the requirements of this Convention and that:

(a)

The conditions on board present a clear danger to the safety, health or safety of seafarers; or

(b)

Non-conformity constitutes a serious or repeated infringement of the requirements of this Convention, including the rights of seafarers,

The authorized official shall take measures to ensure that the ship will not take the sea as long as the non-conformities referred to in the let. (a) or (b) of this paragraph shall not have been rectified, or until such time as it has accepted a plan to rectify it and will not be satisfied that the plan will be implemented expeditiously. If the ship is prohibited from sailing, the authorised official shall without delay inform the flag State and invite one of its representatives to be present, if possible, and request a reply from the flag State within the prescribed time limit. The authorised official shall also inform, without delay, the appropriate shipowners and seafarers' organisations of the port State in which the inspection took place.

7. Every Member shall ensure that its authorized officials receive guidance, of the type set out in Part B of the Code, concerning the nature of the circumstances that justify the detention of a ship under subs. 6 of this Standard.

8. In exercising its responsibilities under this standard, any Member shall, to the extent possible, avoid unduly restraining or delaying a ship. If it is established that a ship has been unduly restrained or delayed, damages shall be paid for any loss or damage suffered. The burden of proof lies with the complainant in each case.

Guiding Principle B5.2.1 Port Inspection

1. The competent authority should develop an inspection policy for authorized officials carrying out inspections under Rule 5.2.1. This policy should aim at ensuring coherence and also guide the inspection and enforcement activities related to the requirements of this Convention, including the rights of seafarers. The policy statement should be communicated to all authorized officials and made available to the public, as well as to shipowners and seafarers.

2. For the purpose of developing a policy on the circumstances warranting the detention of a ship under s. 6 of the A5.2.1 standard, the competent authority should take into account that, in respect of the offences referred to in s. 6 (b) of the A5.2.1 standard, the seriousness of the violation may be due to the nature of the breach in question. This applies particularly to cases of violations of fundamental rights and principles or of the employment and social rights of seafarers as established by art. III and IV. For example, the employment of a person below the prescribed age should be considered a serious offence, even if this is for only one person on board. In other cases, the number of different deficiencies observed during a given inspection should be taken into account: for example, there might be a number of shortcomings in relation to housing or food and the table service That does not threaten health or safety in order for this to be considered a serious offence.

(3) Members should, as far as possible, cooperate with each other in the adoption of internationally recognised guidelines for inspection policies, in particular as regards the circumstances justifying The detention of a ship.

(1) Every Member shall ensure that seafarers on board ships calling at a port on its territory who report a breach of the Convention, including the rights of seafarers, have the right to File a complaint to remedy the situation in a timely and concrete manner.

A5.2.2 Standard Land treatment procedures for seafarers' complaints

1. A complaint of a seaman alleging an infringement of the provisions of this Convention, including the rights of seafarers, may be lodged with an authorized official at the port where the vessel is calling. In such cases, the employee shall undertake an initial investigation.

2. In appropriate cases, having regard to the nature of the complaint, the initial investigation must determine whether the complaints procedures under Rule 5.1.5 have been considered. The authorized official may also conduct a more detailed inspection in accordance with the A5.2.1 standard.

The authorized official shall, in appropriate cases, encourage the settlement of the complaint on board the ship.

4. If the investigation or inspection conducted under this standard reveals non-compliance with subs. 6 of the A5.2.1 standard, the provisions of this paragraph are applied.

5. Where the provisions of s. 4 of this standard shall not apply and that the complaint has not been settled on board the ship, the authorized official shall without delay notify the flag State, seeking, within a prescribed period, advice and a plan of measures Corrective action.

6. Where the complaint has not been resolved in spite of the measures taken in accordance with s. 5 of this Standard, the port State shall provide a copy of the report prepared by the official authorized to the Director General. The report shall be accompanied by any reply received within the prescribed time limit on the part of the competent authority of the flag State. The appropriate shipowners and seafarers' organisations of the port State are also informed. In addition, statistics and information concerning settled complaints must be regularly communicated by the port State to the Director-General. These two communications are made so that, on the basis of appropriate and rapid action, a register of this information is kept and brought to the attention of the parties, including the shipowners and seafarers' organisations which are likely to be Use the appropriate means of redress.

7. Appropriate measures must be taken to ensure the confidentiality of complaints lodged by seafarers.

Guiding Principle B5.2.2 Land treatment procedures for seafarers' complaints

1. When a complaint under the A5.2.2 standard is dealt with by an authorized official, it should first determine whether it is a general complaint involving all seafarers on board the ship or a category Or a complaint relating to the particular case of the seafarer concerned.

2. If the complaint is of a general nature, the use of a more detailed inspection, in accordance with A5.2.1, should be considered.

3. If the complaint relates to a particular case, it is appropriate to consider the outcome of the procedures for considering the possible complaint on board the ship for its settlement. If such procedures have not been considered, the authorized official should encourage the complainant to use all available procedures on board the vessel. There must be good reasons for considering a complaint before any complaint procedure on board the ship has been considered. These include the inadequacy or slowness of internal procedures or the complainant's fear of retaliation for filing a complaint.

4. In any investigation of a complaint, the authorized officer should give the captain, the shipowner and any person involved in the complaint the opportunity to make their views known.

5. The authorized official may refrain from intervening further in the settlement of the complaint in the event that the flag State, responding to the notification of the port State in accordance with par. 5 of A5.2.2, demonstrates that it is in a position to address the issue and has appropriate procedures to do so, and that it has presented an acceptable action plan.

Purpose: to ensure that any Member fulfils his or her responsibilities under this Convention with regard to recruitment E Ment and placement of seafarers and their social protection

1. Without prejudice to the principle of its responsibility with regard to the working and living conditions of seafarers on board ships flying its flag, any Member shall also be responsible for ensuring that the requirements of the Convention relating to the recruitment, placement and protection in the social security of seafarers who are its nationals, or residents, or persons domiciled in its territory, to the extent that such Liability shall be provided for in this Convention.

2. Detailed details for the implementation of s. 1 of this rule is contained in the code.

3. Any Member shall establish an effective inspection and monitoring system in order to carry out its responsibilities as a supplier of labour under this Convention.

4. Information about the system referred to in par. 3 of this Rule, including the method used to assess its effectiveness, shall be included in the reports submitted by Members pursuant to Art. 22 of the Constitution.

A5.3 Standard Responsibilities of the labor provider

1. Any Member shall ensure compliance with the requirements of this Convention applicable to the administration and activities of the recruitment and placement services of seafarers established on its territory by means of an inspection system and Monitoring and legal procedures in the event of infringements of the licensing provisions and other requirements laid down in the A1.4 standard.

Guiding Principle B5.3 Responsibilities of the labor provider

1. The private recruitment and placement services of seafarers established in the Member's territory and providing the services of a sailor to a shipowner, wherever they are, should be obliged to undertake to ensure that the shipowner is respected The terms of the contracts of maritime engagement with seafarers.