Фрагмент документа "КОНВЕНЦИЯ 2006 ГОДА О ТРУДЕ В МОРСКОМ СУДОХОДСТВЕ".
Article XV
1. The Code may be amended either by the procedure set out in
Article XIV or, unless expressly provided otherwise, in accordance
with the procedure set out in the present Article.
2. An amendment to the Code may be proposed to the
Director-General of the International Labour Office by the government
of any Member of the Organization or by the group of Shipowner
representatives or the group of Seafarer representatives who have been
appointed to the Committee referred to in Article XIII. An amendment
proposed by a government must have been proposed by, or be supported
by, at least five governments of Members that have ratified the
Convention or by the group of Shipowner or Seafarer representatives
referred to in this paragraph.
3. Having verified that the proposal for amendment meets the
requirements of paragraph 2 of this Article, the Director-General
shall promptly communicate the proposal, accompanied by any comments
or suggestions deemed appropriate, to all Members of the Organization,
with an invitation to them to transmit their observations or
suggestions concerning the proposal within a period of six months or
such other period (which shall not be less than three months nor more
than nine months) prescribed by the Governing Body.
4. At the end of the period referred to in paragraph 3 of this
Article, the proposal, accompanied by a summary of any observations or
suggestions made under that paragraph, shall be transmitted to the
Committee for consideration at a meeting. An amendment shall be
considered adopted by the Committee if:
(a) at least half the governments of Members that have ratified
this Convention are represented in the meeting at which the proposal
is considered; and
(b) a majority of at least two-thirds of the Committee members
vote in favour of the amendment; and
(c) this majority comprises the votes in favour of at least half
the government voting power, half the Shipowner voting power and half
the Seafarer voting power of the Committee members registered at the
meeting when the proposal is put to the vote.
5. Amendments adopted in accordance with paragraph 4 of this
Article shall be submitted to the next session of the Conference for
approval. Such approval shall require a majority of two-thirds of the
votes cast by the delegates present. If such majority is not obtained,
the proposed amendment shall be referred back to the Committee for
reconsideration should the Committee so wish.
6. Amendments approved by the Conference shall be notified by the
Director-General to each of the Members whose ratifications of this
Convention were registered before the date of such approval by the
Conference. These Members are referred to below as "the ratifying
Members". The notification shall contain a reference to the present
Article and shall prescribe the period for the communication of any
formal disagreement. This period shall be two years from the date of
the notification unless, at the time of approval, the Conference has
set a different period, which shall be a period of at least one year.
A copy of the notification shall be communicated to the other Members
of the Organization for their information.
7. An amendment approved by the Conference shall be deemed to
have been accepted unless, by the end of the prescribed period, formal
expressions of disagreement have been received by the Director-General
from more than 40 per cent of the Members which have ratified the
Convention and which represent not less than 40 per cent of the gross
tonnage of the ships of the Members which have ratified the
Convention.
8. An amendment deemed to have been accepted shall come into
force six months after the end of the prescribed period for all the
ratifying Members except those which had formally expressed their
disagreement in accordance with paragraph 7 of this Article and have
not withdrawn such disagreement in accordance with paragraph 11.
However:
(a) before the end of the prescribed period, any ratifying Member
may give notice to the Director-General that it shall be bound by the
amendment only after a subsequent express notification of its
acceptance; and
(b) before the date of entry into force of the amendment, any
ratifying Member may give notice to the Director-General that it will
not give effect to that amendment for a specified period.
9. An amendment which is the subject of a notice referred to in
paragraph 8 (a) of this Article shall enter into force for the Member
giving such notice six months after the Member has notified the
Director-General of its acceptance of the amendment or on the date on
which the amendment first comes into force, whichever date is later.
10. The period referred to in paragraph 8 (b) of this Article
shall not go beyond one year from the date of entry into force of the
amendment or beyond any longer period determined by the Conference at
the time of approval of the amendment.
11. A Member that has formally expressed disagreement with an
amendment may withdraw its disagreement at any time. If notice of such
withdrawal is received by the Director-General after the amendment has
entered into force, the amendment shall enter into force for the
Member six months after the date on which the notice was registered.
12. After entry into force of an amendment, the Convention may
only be ratified in its amended form.
13. To the extent that a maritime labour certificate relates to
matters covered by an amendment to the Convention which has entered
into force:
(a) a Member that has accepted that amendment shall not be
obliged to extend the benefit of the Convention in respect of the
maritime labour certificates issued to ships flying the flag of
another Member which:
(i) pursuant to paragraph 7 of this Article, has formally
expressed disagreement to the amendment and has not withdrawn such
disagreement; or
(ii) pursuant to paragraph 8 (a) of this Article, has given
notice that its acceptance is subject to its subsequent express
notification and has not accepted the amendment; and
(b) a Member that has accepted the amendment shall extend the
benefit of the Convention in respect of the maritime labour
certificates issued to ships flying the flag of another Member that
has given notice, pursuant to paragraph 8 (b) of this Article, that it
will not give effect to that amendment for the period specified in
accordance with paragraph 10 of this Article.
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Фрагмент документа "КОНВЕНЦИЯ 2006 ГОДА О ТРУДЕ В МОРСКОМ СУДОХОДСТВЕ".