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

EXPLANATORY NOTE TO THE REGULATIONS AND CODE
                  OF THE MARITIME LABOUR CONVENTION

     1.  This  explanatory  note,  which  does  not  form  part of the
Maritime  Labour  Convention,  is  intended  as a general guide to the
Convention.
     2.  The  Convention  comprises three different but related parts:
the Articles, the Regulations and the Code.
     3.  The  Articles  and  Regulations  set  out the core rights and
principles   and  the  basic  obligations  of  Members  ratifying  the
Convention.  The  Articles  and Regulations can only be changed by the
Conference  in  the framework of article 19 of the Constitution of the
International Labour Organisation (see Article XIV of the Convention).
     4.  The  Code  contains the details for the implementation of the
Regulations.  It  comprises  Part  A  (mandatory Standards) and Part B
(non-mandatory  Guidelines).  The  Code  can  be  amended  through the
simplified  procedure  set  out in Article XV of the Convention. Since
the  Code  relates  to  detailed implementation, amendments to it must
remain within the general scope of the Articles and Regulations.
     5.  The Regulations and the Code are organized into general areas
under five Titles:
     Title 1: Minimum requirements for seafarers to work on a ship
     Title 2: Conditions of employment
     Title   3:   Accommodation,  recreational  facilities,  food  and
catering
     Title  4:  Health  protection,  medical  care, welfare and social
security protection
     Title 5: Compliance and enforcement
     6.  Each  Title  contains  groups  of  provisions  relating  to a
particular  right  or  principle  (or enforcement measure in Title 5),
with  connected  numbering.  The  first group in Title 1, for example,
consists of Regulation 1.1, Standard A1.1 and Guideline B1.1, relating
to minimum age.
     7. The Convention has three underlying purposes:
     (a)  to  lay down, in its Articles and Regulations, a firm set of
rights and principles;
     (b)  to  allow,  through  the  Code,  a  considerable  degree  of
flexibility  in the way Members implement those rights and principles;
and
     (c)  to  ensure,  through Title 5, that the rights and principles
are properly complied with and enforced.
     8.  There  are  two main areas for flexibility in implementation:
one  is the possibility for a Member, where necessary (see Article VI,
paragraph 3), to give effect to the detailed requirements of Part A of
the  Code  through  substantial equivalence (as defined in Article VI,
paragraph 4).
     9.  The  second area of flexibility in implementation is provided
by formulating the mandatory requirements of many provisions in Part A
in a more general way, thus leaving a wider scope for discretion as to
the  precise  action to be provided for at the national level. In such
cases, guidance on implementation is given in the non-mandatory Part B
of  the Code. In this way, Members which have ratified this Convention
can  ascertain the kind of action that might be expected of them under
the corresponding general obligation in Part A, as well as action that
would not necessarily be required. For example, Standard A4.1 requires
all  ships  to  provide  prompt  access to the necessary medicines for
medical  care  on board ship (paragraph 1(b)) and to "carry a medicine
chest"  (paragraph  4(a)). The fulfilment in good faith of this latter
obligation  clearly means something more than simply having a medicine
chest  on  board  each  ship.  A  more  precise  indication of what is
involved  is provided in the corresponding Guideline B4.1.1 (paragraph
4) so as to ensure that the contents of the chest are properly stored,
used and maintained.
     10.  Members which have ratified this Convention are not bound by
the  guidance concerned and, as indicated in the provisions in Title 5
on  port  State control, inspections would deal only with the relevant
requirements   of  this  Convention  (Articles,  Regulations  and  the
Standards  in Part A). However, Members are required under paragraph 2
of  Article  VI  to  give  due  consideration  to  implementing  their
responsibilities  under  Part A of the Code in the manner provided for
in  Part  B.  If,  having  duly  considered the relevant Guidelines, a
Member  decides to provide for different arrangements which ensure the
proper  storage,  use  and maintenance of the contents of the medicine
chest, to take the example given above, as required by the Standard in
Part  A,  then that is acceptable. On the other hand, by following the
guidance  provided in Part B, the Member concerned, as well as the ILO
bodies  responsible  for  reviewing  implementation  of  international
labour Conventions, can be sure without further consideration that the
arrangements the Member has provided for are adequate to implement the
responsibilities under Part A to which the Guideline relates.