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

Standard A5.2.1
                         Inspections in port

     1. Where an authorized officer, having come on board to carry out
an  inspection  and  requested,  where applicable, the maritime labour
certificate  and  the declaration of maritime labour compliance, finds
that:
     (a)  the required documents are not produced or maintained or are
falsely  maintained  or that the documents produced do not contain the
information required by this Convention or are otherwise invalid; or
     (b)  there  are  clear grounds for believing that the working and
living  conditions  on  the ship do not conform to the requirements of
this Convention; or
     (c)  there  are  reasonable  grounds to believe that the ship has
changed  flag  for  the  purpose  of  avoiding  compliance  with  this
Convention; or
     (d)  there  is  a  complaint  alleging  that specific working and
living  conditions  on  the ship do not conform to the requirements of
this Convention;
     a  more  detailed  inspection may be carried out to ascertain the
working and living conditions on board the ship. Such inspection shall
in  any  case  be  carried out where the working and living conditions
believed or alleged to be defective could constitute a clear hazard to
the  safety,  health  or security of seafarers or where the authorized
officer  has  grounds  to  believe  that any deficiencies constitute a
serious  breach  of  the  requirements  of  this Convention (including
seafarers` rights).
     2.  Where  a more detailed inspection is carried out on a foreign
ship   in  the  port  of  a  Member  by  authorized  officers  in  the
circumstances  set  out in subparagraph (a), (b) or (c) of paragraph 1
of  this  Standard,  it shall in principle cover the matters listed in
Appendix A5-III.
     3.  In  the  case  of  a  complaint under paragraph 1 (d) of this
Standard,  the inspection shall generally be limited to matters within
the   scope   of   the   complaint,   although  a  complaint,  or  its
investigation,  may provide clear grounds for a detailed inspection in
accordance  with  paragraph 1 (b) of this Standard. For the purpose of
paragraph  1  (d)  of  this  Standard,  "complaint"  means information
submitted  by a seafarer, a professional body, an association, a trade
union  or, generally, any person with an interest in the safety of the
ship,  including  an interest in safety or health hazards to seafarers
on board.
     4.  Where,  following a more detailed inspection, the working and
living  conditions  on  the  ship  are  found  not  to  conform to the
requirements   of   this  Convention,  the  authorized  officer  shall
forthwith bring the deficiencies to the attention of the master of the
ship,  with  required  deadlines for their rectification. In the event
that  such deficiencies are considered by the authorized officer to be
significant,  or if they relate to a complaint made in accordance with
paragraph  3  of this Standard, the authorized officer shall bring the
deficiencies  to  the  attention  of  the  appropriate  seafarers` and
shipowners`  organizations  in  the  Member in which the inspection is
carried out, and may:
     (a) notify a representative of the flag State;
     (b)  provide  the  competent authorities of the next port of call
with the relevant information.
     5.  The  Member in which the inspection is carried out shall have
the  right  to  transmit a copy of the officer`s report, which must be
accompanied  by  any  reply received from the competent authorities of
the flag State within the prescribed deadline, to the Director-General
of  the  International Labour Office with a view to such action as may
be  considered  appropriate  and  expedient  in order to ensure that a
record  is  kept  of  such  information  and that it is brought to the
attention  of parties which might be interested in availing themselves
of relevant recourse procedures.
     6.  Where,  following a more detailed inspection by an authorized
officer,  the ship is found not to conform to the requirements of this
Convention and:
     (a)  the conditions on board are clearly hazardous to the safety,
health or security of seafarers; or
     (b)  the  non-conformity constitutes a serious or repeated breach
of the requirements of this Convention (including seafarers` rights);
     the  authorized  officer shall take steps to ensure that the ship
shall  not  proceed to sea until any non-conformities that fall within
the  scope  of  subparagraph  (a)  or  (b) of this paragraph have been
rectified,  or  until  the  authorized  officer has accepted a plan of
action to rectify such non-conformities and is satisfied that the plan
will be implemented in an expeditious manner. If the ship is prevented
from  sailing,  the authorized officer shall forthwith notify the flag
State  accordingly and invite a representative of the flag State to be
present,  if  possible,  requesting  the  flag State to reply within a
prescribed   deadline.   The  authorized  officer  shall  also  inform
forthwith  the appropriate shipowners` and seafarers` organizations in
the port State in which the inspection was carried out.
     7.  Each  Member  shall  ensure  that its authorized officers are
given guidance, of the kind indicated in Part B of the Code, as to the
kinds  of circumstances justifying detention of a ship under paragraph
6 of this Standard.
     8.  When implementing their responsibilities under this Standard,
each  Member  shall  make  all  possible efforts to avoid a ship being
unduly  detained  or delayed. If a ship is found to be unduly detained
or  delayed,  compensation  shall  be  paid  for  any  loss  or damage
suffered.   The  burden  of  proof  in  each  case  shall  be  on  the
complainant.