КОНВЕНЦИЯ 2006 ГОДА О ТРУДЕ В МОРСКОМ СУДОХОДСТВЕ. Конвенция. Международная организация труда. 23.02.06

Article II

     1.  For  the  purpose  of  this  Convention  and  unless provided
otherwise in particular provisions, the term:
     (a) competent authority means the minister, government department
or  other  authority  having  power  to issue and enforce regulations,
orders or other instructions having the force of law in respect of the
subject matter of the provision concerned;
     (b)   declaration   of   maritime  labour  compliance  means  the
declaration referred to in Regulation 5.1.3;
     (c)   gross   tonnage  means  the  gross  tonnage  calculated  in
accordance with the tonnage measurement regulations contained in Annex
I  to  the  International  Convention on Tonnage Measurement of Ships,
1969,  or  any  successor Convention; for ships covered by the tonnage
measurement  interim  scheme  adopted  by  the  International Maritime
Organization,  the  gross  tonnage  is  that  which is included in the
REMARKS column of the International Tonnage Certificate (1969);
     (d) maritime labour certificate means the certificate referred to
in Regulation 5.1.3;
     (e) requirements of this Convention refers to the requirements in
these  Articles  and in the Regulations and Part A of the Code of this
Convention;
     (f) seafarer means any person who is employed or engaged or works
in any capacity on board a ship to which this Convention applies;
     (g)  seafarers`  employment agreement includes both a contract of
employment and articles of agreement;
     (h)  seafarer recruitment and placement service means any person,
company,  institution,  agency or other organization, in the public or
the private sector, which is engaged in recruiting seafarers on behalf
of shipowners or placing seafarers with shipowners;
     (i)  ship means a ship other than one which navigates exclusively
in  inland  waters or waters within, or closely adjacent to, sheltered
waters or areas where port regulations apply;
     (j) shipowner means the owner of the ship or another organization
or  person,  such as the manager, agent or bareboat charterer, who has
assumed  the  responsibility  for  the  operation of the ship from the
owner  and  who,  on  assuming such responsibility, has agreed to take
over   the  duties  and  responsibilities  imposed  on  shipowners  in
accordance  with  this  Convention,  regardless  of  whether any other
organization   or   persons   fulfil   certain   of   the   duties  or
responsibiities on behalf of the shipowner.
     2.  Except  as  expressly  provided  otherwise,  this  Convention
applies to all seafarers.
     3.  In the event of doubt as to whether any categories of persons
are  to  be  regarded as seafarers for the purpose of this Convention,
the  question  shall  be determined by the competent authority in each
Member   after   consultation  with  the  shipowners`  and  seafarers`
organizations concerned with this question.
     4.  Except  as  expressly  provided  otherwise,  this  Convention
applies  to all ships, whether publicly or privately owned, ordinarily
engaged  in commercial activities, other than ships engaged in fishing
or  in  similar  pursuits and ships of traditional build such as dhows
and  junks.  This  Convention  does  not  apply  to  warships or naval
auxiliaries.
     5. In the event of doubt as to whether this Convention applies to
a  ship  or  particular  category  of  ships,  the  question  shall be
determined   by   the   competent   authority  in  each  Member  after
consultation   with   the  shipowners`  and  seafarers`  organizations
concerned.
     6.  Where the competent authority determines that it would not be
reasonable or practicable at the present time to apply certain details
of  the  Code  referred  to  in  Article VI, paragraph 1, to a ship or
particular  categories  of  ships  flying  the flag of the Member, the
relevant provisions of the Code shall not apply to the extent that the
subject   matter  is  dealt  with  differently  by  national  laws  or
regulations  or  collective  bargaining  agreements or other measures.
Such  a  determination  may  only  be  made  in  consultation with the
shipowners`  and  seafarers`  organizations  concerned and may only be
made  with respect to ships of less than 200 gross tonnage not engaged
in international voyages.
     7.  Any determinations made by a Member under paragraph 3 or 5 or
6 of this Article shall be communicated to the Director-General of the
International  Labour  Office,  who  shall  notify  the Members of the
Organization.
     8.  Unless  expressly  provided  otherwise,  a  reference to this
Convention constitutes at the same time a reference to the Regulations
and the Code.