Фрагмент документа "КОНВЕНЦИЯ 2006 ГОДА О ТРУДЕ В МОРСКОМ СУДОХОДСТВЕ".
Standard A5.1.3
Maritime labour certificate and declaration
of maritime labour compliance
1. The maritime labour certificate shall be issued to a ship by
the competent authority, or by a recognized organization duly
authorized for this purpose, for a period which shall not exceed five
years. A list of matters that must be inspected and found to meet
national laws and regulations or other measures implementing the
requirements of this Convention regarding the working and living
conditions of seafarers on ships before a maritime labour certificate
can be issued is found in Appendix A5-I.
2. The validity of the maritime labour certificate shall be
subject to an intermediate inspection by the competent authority, or
by a recognized organization duly authorized for this purpose, to
ensure continuing compliance with the national requirements
implementing this Convention. If only one intermediate inspection is
carried out and the period of validity of the certificate is five
years, it shall take place between the second and third anniversary
dates of the certificate. Anniversary date means the day and month of
each year which will correspond to the date of expiry of the maritime
labour certificate. The scope and depth of the intermediate inspection
shall be equal to an inspection for renewal of the certificate. The
certificate shall be endorsed following satisfactory intermediate
inspection.
3. Notwithstanding paragraph 1 of this Standard, when the renewal
inspection has been completed within three months before the expiry of
the existing maritime labour certificate, the new maritime labour
certificate shall be valid from the date of completion of the renewal
inspection for a period not exceeding five years from the date of
expiry of the existing certificate.
4. When the renewal inspection is completed more than three
months before the expiry date of the existing maritime labour
certificate, the new maritime labour certificate shall be valid for a
period not exceeding five years starting from the date of completion
of the renewal inspection.
5. A maritime labour certificate may be issued on an interim
basis:
(a) to new ships on delivery;
(b) when a ship changes flag; or
(c) when a shipowner assumes responsibility for the operation of
a ship which is new to that shipowner.
6. An interim maritime labour certificate may be issued for a
period not exceeding six months by the competent authority or a
recognized organization duly authorized for this purpose.
7. An interim maritime labour certificate may only be issued
following verification that:
(a) the ship has been inspected, as far as reasonable and
practicable, for the matters listed in Appendix A5-I, taking into
account verification of items under subparagraphs (b), (c) and (d) of
this paragraph;
(b) the shipowner has demonstrated to the competent authority or
recognized organization that the ship has adequate procedures to
comply with this Convention;
(c) the master is familiar with the requirements of this
Convention and the responsibilities for implementation; and
(d) relevant information has been submitted to the competent
authority or recognized organization to produce a declaration of
maritime labour compliance.
8. A full inspection in accordance with paragraph 1 of this
Standard shall be carried out prior to expiry of the interim
certificate to enable issue of the full-term maritime labour
certificate. No further interim certificate may be issued following
the initial six months referred to in paragraph 6 of this Standard. A
declaration of maritime labour compliance need not be issued for the
period of validity of the interim certificate.
9. The maritime labour certificate, the interim maritime labour
certificate and the declaration of maritime labour compliance shall be
drawn up in the form corresponding to the models given in Appendix
A5-II.
10. The declaration of maritime labour compliance shall be
attached to the maritime labour certificate. It shall have two parts:
(a) Part I shall be drawn up by the competent authority which
shall: (i) identify the list of matters to be inspected in accordance
with paragraph 1 of this Standard; (ii) identify the national
requirements embodying the relevant provisions of this Convention by
providing a reference to the relevant national legal provisions as
well as, to the extent necessary, concise information on the main
content of the national requirements; (iii) refer to ship-type
specific requirements under national legislation; (iv) record any
substantially equivalent provisions adopted pursuant to paragraph 3 of
Article VI; and (v) clearly indicate any exemption granted by the
competent authority as provided in Title 3; and
(b) Part II shall be drawn up by the shipowner and shall identify
the measures adopted to ensure ongoing compliance with the national
requirements between inspections and the measures proposed to ensure
that there is continuous improvement.
The competent authority or recognized organization duly
authorized for this purpose shall certify Part II and shall issue the
declaration of maritime labour compliance.
11. The results of all subsequent inspections or other
verifications carried out with respect to the ship concerned and any
significant deficiencies found during any such verification shall be
recorded, together with the date when the deficiencies were found to
have been remedied. This record, accompanied by an English-language
translation where it is not in English, shall, in accordance with
national laws or regulations, be inscribed upon or appended to the
declaration of maritime labour compliance or made available in some
other way to seafarers, flag State inspectors, authorized officers in
port States and shipowners` and seafarers` representatives.
12. A current valid maritime labour certificate and declaration
of maritime labour compliance, accompanied by an English-language
translation where it is not in English, shall be carried on the ship
and a copy shall be posted in a conspicuous place on board where it is
available to the seafarers. A copy shall be made available in
accordance with national laws and regulations, upon request, to
seafarers, flag State inspectors, authorized officers in port States,
and shipowners` and seafarers` representatives.
13. The requirement for an English-language translation in
paragraphs 11 and 12 of this Standard does not apply in the case of a
ship not engaged in an international voyage.
14. A certificate issued under paragraph 1 or 5 of this Standard
shall cease to be valid in any of the following cases:
(a) if the relevant inspections are not completed within the
periods specified under paragraph 2 of this Standard;
(b) if the certificate is not endorsed in accordance with
paragraph 2 of this Standard;
(c) when a ship changes flag;
(d) when a shipowner ceases to assume the responsibility for the
operation of a ship; and
(e) when substantial changes have been made to the structure or
equipment covered in Title 3.
15. In the case referred to in paragraph 14 (c), (d) or (e) of
this Standard, a new certificate shall only be issued when the
competent authority or recognized organization issuing the new
certificate is fully satisfied that the ship is in compliance with the
requirements of this Standard.
16. A maritime labour certificate shall be withdrawn by the
competent authority or the recognized organization duly authorized for
this purpose by the flag State, if there is evidence that the ship
concerned does not comply with the requirements of this Convention and
any required corrective action has not been taken.
17. When considering whether a maritime labour certificate should
be withdrawn in accordance with paragraph 16 of this Standard, the
competent authority or the recognized organization shall take into
account the seriousness or the frequency of the deficiencies.
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Фрагмент документа "КОНВЕНЦИЯ 2006 ГОДА О ТРУДЕ В МОРСКОМ СУДОХОДСТВЕ".