Фрагмент документа "КОНВЕНЦИЯ 2006 ГОДА О ТРУДЕ В МОРСКОМ СУДОХОДСТВЕ".
Standard A5.1.4
Inspection and enforcement
1. Each Member shall maintain a system of inspection of the
conditions for seafarers on ships that fly its flag which shall
include verification that the measures relating to working and living
conditions as set out in the declaration of maritime labour
compliance, where applicable, are being followed, and that the
requirements of this Convention are met.
2. The competent authority shall appoint a sufficient number of
qualified inspectors to fulfil its responsibilities under paragraph 1
of this Standard. Where recognized organizations have been authorized
to carry out inspections, the Member shall require that personnel
carrying out the inspection are qualified to undertake these duties
and shall provide them with the necessary legal authority to perform
their duties.
3. Adequate provision shall be made to ensure that the inspectors
have the training, competence, terms of reference, powers, status and
independence necessary or desirable so as to enable them to carry out
the verification and ensure the compliance referred to in paragraph 1
of this Standard.
4. Inspections shall take place at the intervals required by
Standard A5.1.3, where applicable. The interval shall in no case
exceed three years.
5. If a Member receives a complaint which it does not consider
manifestly unfounded or obtains evidence that a ship that flies its
flag does not conform to the requirements of this Convention or that
there are serious deficiencies in the implementation of the measures
set out in the declaration of maritime labour compliance, the Member
shall take the steps necessary to investigate the matter and ensure
that action is taken to remedy any deficiencies found.
6. Adequate rules shall be provided and effectively enforced by
each Member in order to guarantee that inspectors have the status and
conditions of service to ensure that they are independent of changes
of government and of improper external influences.
7. Inspectors, issued with clear guidelines as to the tasks to be
performed and provided with proper credentials, shall be empowered:
(a) to board a ship that flies the Member`s flag;
(b) to carry out any examination, test or inquiry which they may
consider necessary in order to satisfy themselves that the standards
are being strictly observed; and
(c) to require that any deficiency is remedied and, where they
have grounds to believe that deficiencies constitute a serious breach
of the requirements of this Convention (including seafarers` rights),
or represent a significant danger to seafarers` safety, health or
security, to prohibit a ship from leaving port until necessary actions
are taken.
8. Any action taken pursuant to paragraph 7 (c) of this Standard
shall be subject to any right of appeal to a judicial or
administrative authority.
9. Inspectors shall have the discretion to give advice instead of
instituting or recommending proceedings when there is no clear breach
of the requirements of this Convention that endangers the safety,
health or security of the seafarers concerned and where there is no
prior history of similar breaches.
10. Inspectors shall treat as confidential the source of any
grievance or complaint alleging a danger or deficiency in relation to
seafarers` working and living conditions or a violation of laws and
regulations and give no intimation to the shipowner, the shipowner`s
representative or the operator of the ship that an inspection was made
as a consequence of such a grievance or complaint.
11. Inspectors shall not be entrusted with duties which might,
because of their number or nature, interfere with effective inspection
or prejudice in any way their authority or impartiality in their
relations with shipowners, seafarers or other interested parties. In
particular, inspectors shall:
(a) be prohibited from having any direct or indirect interest in
any operation which they are called upon to inspect; and
(b) subject to appropriate sanctions or disciplinary measures,
not reveal, even after leaving service, any commercial secrets or
confidential working processes or information of a personal nature
which may come to their knowledge in the course of their duties.
12. Inspectors shall submit a report of each inspection to the
competent authority. One copy of the report in English or in the
working language of the ship shall be furnished to the master of the
ship and another copy shall be posted on the ship`s notice board for
the information of the seafarers and, upon request, sent to their
representatives.
13. The competent authority of each Member shall maintain records
of inspections of the conditions for seafarers on ships that fly its
flag. It shall publish an annual report on inspection activities
within a reasonable time, not exceeding six months, after the end of
the year.
14. In the case of an investigation pursuant to a major incident,
the report shall be submitted to the competent authority as soon as
practicable, but not later than one month following the conclusion of
the investigation.
15. When an inspection is conducted or when measures are taken
under this Standard, all reasonable efforts shall be made to avoid a
ship being unreasonably detained or delayed.
16. Compensation shall be payable in accordance with national
laws and regulations for any loss or damage suffered as a result of
the wrongful exercise of the inspectors` powers. The burden of proof
in each case shall be on the complainant.
17. Adequate penalties and other corrective measures for breaches
of the requirements of this Convention (including seafarers` rights)
and for obstructing inspectors in the performance of their duties
shall be provided for and effectively enforced by each Member.
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Фрагмент документа "КОНВЕНЦИЯ 2006 ГОДА О ТРУДЕ В МОРСКОМ СУДОХОДСТВЕ".