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

Guideline B5.1.3
             Maritime labour certificate and declaration
                    of maritime labour compliance

     1.  The  statement  of  national  requirements  in  Part I of the
declaration  of  maritime  labour  compliance  should  include  or  be
accompanied  by  references  to the legislative provisions relating to
seafarers` working and living conditions in each of the matters listed
in  Appendix  A5-I.  Where  national legislation precisely follows the
requirements stated in this Convention, a reference may be all that is
necessary.  Where a provision of the Convention is implemented through
substantial  equivalence  as  provided  under Article VI, paragraph 3,
this  provision  should be identified and a concise explanation should
be  provided. Where an exemption is granted by the competent authority
as  provided  in  Title  3,  the  particular  provision  or provisions
concerned should be clearly indicated.
     2.  The  measures  referred  to  in Part II of the declaration of
maritime  labour  compliance,  drawn  up  by the shipowner, should, in
particular,  indicate  the  occasions on which ongoing compliance with
particular   national  requirements  will  be  verified,  the  persons
responsible  for verification, the records to be taken, as well as the
procedures  to  be followed where non-compliance is noted. Part II may
take  a  number  of  forms.  It  could  make  reference  to other more
comprehensive  documentation covering policies and procedures relating
to  other  aspects  of  the  maritime  sector,  for  example documents
required  by  the  International  Safety  Management (ISM) Code or the
information  required by Regulation 5 of the SOLAS Convention, Chapter
XI-1 relating to the ship`s Continuous Synopsis Record.
     3.  The  measures  to  ensure  ongoing  compliance should include
general  international  requirements  for  the shipowner and master to
keep  themselves  informed  of  the  latest advances in technology and
scientific  findings  concerning workplace design, taking into account
the  inherent dangers of seafarers` work, and to inform the seafarers`
representatives  accordingly,  thereby  guaranteeing a better level of
protection of the seafarers` working and living conditions on board.
     4.  The  declaration  of maritime labour compliance should, above
all, be drafted in clear terms designed to help all persons concerned,
such  as flag State inspectors, authorized officers in port States and
seafarers,   to   check  that  the  requirements  are  being  properly
implemented.
     5.  An example of the kind of information that might be contained
in  a  declaration  of maritime labour compliance is given in Appendix
B5-I.
     6.  When  a  ship changes flag as referred to in Standard A5.1.3,
paragraph  14  (c), and where both States concerned have ratified this
Convention,  the  Member  whose flag the ship was formerly entitled to
fly  should,  as soon as possible, transmit to the competent authority
of  the other Member copies of the maritime labour certificate and the
declaration  of  maritime labour compliance carried by the ship before
the  change  of  flag  and,  if  applicable,  copies  of  the relevant
inspection reports if the competent authority so requests within three
months after the change of flag has taken place.