I Série n.º 183/2018

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Edição I Série n.º 183/2018

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Texto do artigo · p. 205 4. Each Member shall provide the International Labour Office with a current list of any recognized organizations authorized to act on its behalf and it shall keep this list up to date. The list shall specify the functions that the recognized organizations have been authorized to carry out. The Office shall make the list publicly available. Guideline B5.1.2 – Authorization of recognized organizations

Texto do artigo · p. 205 1. The organization seeking recognition should demonstrate the technical, administrative and managerial competence and capacity to ensure the provision of timely service of satisfactory quality.

Texto do artigo · p. 205 2. In evaluating the capability of an organization, the competent authority should determine whether the organization: (a) has adequate technical, managerial and support staff; (b) has sufficient qualified professional staff to provide the required service, representing an adequate geographical coverage; (c) has proven ability to provide a timely service of satisfactory quality; and (d) is independent and accountable in its operations.

Texto do artigo · p. 205 3. The competent authority should conclude a written agreement with any organization that it recognizes for purposes of an authorization. The agreement should include the following elements: (a) scope of application; (b) purpose; (c) general conditions; (d) the execution of functions under authorization; (e) legal basis of the functions under authorization;

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Texto do artigo · p. 206 Maritime Labour Convention, 2006 (f) reporting to the competent authority; (g) specification of the authorization from the competent authority to the recognized organization; and (h) the competent authority’s supervision of activities delegated to the recognized organization.

Texto do artigo · p. 206 4. Each Member should require the recognized organizations to develop a sys- tem for qualification of staff employed by them as inspectors to ensure the timely up- dating of their knowledge and expertise.

Texto do artigo · p. 206 5. Each Member should require the recognized organizations to maintain records of the services performed by them such that they are able to demonstrate achievement of the required standards in the items covered by the services.

Texto do artigo · p. 206 6. In establishing the oversight procedures referred to in Standard A5.1.2, para- graph 3(b), each Member should take into account the Guidelines for the Authoriza- tion of Organizations Acting on Behalf of the Administration, adopted in the frame- work of the International Maritime Organization. Regulation 5.1.3 – Maritime labour certificate and declaration of maritime labour compliance

Texto do artigo · p. 206 1. This Regulation applies to ships of: (a) 500 gross tonnage or over, engaged in international voyages; and (b) 500 gross tonnage or over, flying the flag of a Member and operating from a port, or between ports, in another country. For the purpose of this Regulation, “international voyage” means a voyage from a coun- try to a port outside such a country.

Texto do artigo · p. 206 2. This Regulation also applies to any ship that flies the flag of a Member and is not covered by paragraph 1 of this Regulation, at the request of the shipowner to the Member concerned.

Texto do artigo · p. 206 3. Each Member shall require ships that fly its flag to carry and maintain a mari- time labour certificate certifying that the working and living conditions of seafarers on the ship, including measures for ongoing compliance to be included in the declaration of maritime labour compliance referred to in paragraph 4 of this Regulation, have been inspected and meet the requirements of national laws or regulations or other measures implementing this Convention.

Texto do artigo · p. 206 4. Each Member shall require ships that fly its flag to carry and maintain a declaration of maritime labour compliance stating the national requirements imple- menting this Convention for the working and living conditions for seafarers and setting out the measures adopted by the shipowner to ensure compliance with the require- ments on the ship or ships concerned.

Texto do artigo · p. 206 5. The maritime labour certificate and the declaration of maritime labour com- pliance shall conform to the model prescribed by the Code.

Texto do artigo · p. 206 6. Where the competent authority of the Member or a recognized organization duly authorized for this purpose has ascertained through inspection that a ship that flies the Member’s flag meets or continues to meet the standards of this Convention, it shall issue or renew a maritime labour certificate to that effect and maintain a publicly available record of that certificate.

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Texto do artigo · p. 207 Compliance and enforcement

Texto do artigo · p. 207 7. Detailed requirements for the maritime labour certificate and the declara- tion of maritime labour compliance, including a list of the matters that must be in- spected and approved, are set out in Part A of the Code. Standard A5.1.3 – Maritime labour certificate and declaration of maritime labour compliance

Texto do artigo · p. 207 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 re- quirements 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.

Texto do artigo · p. 207 2. The validity of the maritime labour certificate shall be subject to an inter- mediate inspection by the competent authority, or by a recognized organization duly authorized for this purpose, to ensure continuing compliance with the national require- ments 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.

Texto do artigo · p. 207 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.

Texto do artigo · p. 207 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.

Texto do artigo · p. 207 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.

Texto do artigo · p. 207 6. An interim maritime labour certificate may be issued for a period not ex- ceeding six months by the competent authority or a recognized organization duly authorized for this purpose.

Texto do artigo · p. 207 7. An interim maritime labour certificate may only be issued following verifica- tion 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 subpara- graphs (b), (c), and (d) of this paragraph; (b) the shipowner has demonstrated to the competent authority or recognized organ- ization that the ship has adequate procedures to comply with this Convention;

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Texto do artigo · p. 208 Maritime Labour Convention, 2006 (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.

Texto do artigo · p. 208 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.

Texto do artigo · p. 208 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.

Texto do artigo · p. 208 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.

Texto do artigo · p. 208 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.

Texto do artigo · p. 208 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.

Texto do artigo · p. 208 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.

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Texto do artigo · p. 209 Compliance and enforcement

Texto do artigo · p. 209 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.

Texto do artigo · p. 209 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.

Texto do artigo · p. 209 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.

Texto do artigo · p. 209 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. Guideline B5.1.3 – Maritime labour certificate and declaration of maritime labour compliance

Texto do artigo · p. 209 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.

Texto do artigo · p. 209 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.

Texto do artigo · p. 209 3. The measures to ensure ongoing compliance should include general international requirements for the shipowner and master to keep themselves informed of the

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Texto do artigo · p. 210 Maritime Labour Convention, 2006 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.

Texto do artigo · p. 210 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.

Texto do artigo · p. 210 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.

Texto do artigo · p. 210 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. Regulation 5.1.4 – Inspection and enforcement

Texto do artigo · p. 210 1. Each Member shall verify, through an effective and coordinated system of regular inspections, monitoring and other control measures, that ships that fly its flag comply with the requirements of this Convention as implemented in national laws and regulations.

Texto do artigo · p. 210 2. Detailed requirements regarding the inspection and enforcement system referred to in paragraph 1 of this Regulation are set out in Part A of the Code. Standard A5.1.4 – Inspection and enforcement

Texto do artigo · p. 210 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.

Texto do artigo · p. 210 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.

Texto do artigo · p. 210 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.

Texto do artigo · p. 210 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.

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Texto do artigo · p. 211 Compliance and enforcement

Texto do artigo · p. 211 5. If a Member receives a complaint which it does not consider manifestly un- founded or obtains evidence that a ship that flies its flag does not conform to the re- quirements of this Convention or that there are serious deficiencies in the implement- ation 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.

Texto do artigo · p. 211 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 influ- ences.

Texto do artigo · p. 211 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 be- lieve that deficiencies constitute a serious breach of the requirements of this Con- vention (including seafarers’ rights), or represent a significant danger to sea- farers’ safety, health or security, to prohibit a ship from leaving port until necessary actions are taken.

Texto do artigo · p. 211 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.

Texto do artigo · p. 211 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.

Texto do artigo · p. 211 10. Inspectors shall treat as confidential the source of any grievance or com- plaint alleging a danger or deficiency in relation to seafarers’ working and living con- ditions 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.

Texto do artigo · p. 211 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 author- ity or impartiality in their relations with shipowners, seafarers or other interested par- ties. 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 in- formation of a personal nature which may come to their knowledge in the course of their duties.

Texto do artigo · p. 211 12. Inspectors shall submit a report of each inspection to the competent author- ity. One copy of the report in English or in the working language of the ship shall be fur- nished 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.

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Texto do artigo · p. 212 Maritime Labour Convention, 2006

Texto do artigo · p. 212 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.

Texto do artigo · p. 212 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.

Texto do artigo · p. 212 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.

Texto do artigo · p. 212 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.

Texto do artigo · p. 212 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. Guideline B5.1.4 – Inspection and enforcement

Texto do artigo · p. 212 1. The competent authority and any other service or authority wholly or partly concerned with the inspection of seafarers’ working and living conditions should have the resources necessary to fulfil their functions. In particular: (a) each Member should take the necessary measures so that duly qualified technical experts and specialists may be called upon, as needed, to assist in the work of inspectors; and (b) inspectors should be provided with conveniently situated premises, equipment and means of transport adequate for the efficient performance of their duties.

Texto do artigo · p. 212 2. The competent authority should develop a compliance and enforcement policy to ensure consistency and otherwise guide inspection and enforcement activities related to this Convention. Copies of this policy should be provided to all inspectors and relevant law-enforcement officials and should be made available to the public and shipowners and seafarers.

Texto do artigo · p. 212 3. The competent authority should establish simple procedures to enable it to receive information in confidence concerning possible breaches of the requirements of this Convention (including seafarers’ rights) presented by seafarers directly or by representatives of the seafarers, and permit inspectors to investigate such matters promptly, including: (a) enabling masters, seafarers or representatives of the seafarers to request an inspection when they consider it necessary; and (b) supplying technical information and advice to shipowners and seafarers and organizations concerned as to the most effective means of complying with the requirements of this Convention and of bringing about a continual improvement in seafarers’ on-board conditions.

Texto do artigo · p. 212 4. Inspectors should be fully trained and sufficient in numbers to secure the efficient discharge of their duties with due regard to:

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Texto do artigo · p. 213 Compliance and enforcement (a) the importance of the duties which the inspectors have to perform, in particular the number, nature and size of ships subject to inspection and the number and complexity of the legal provisions to be enforced; (b) the resources placed at the disposal of the inspectors; and (c) the practical conditions under which inspections must be carried out in order to be effective.

Texto do artigo · p. 213 5. Subject to any conditions for recruitment to the public service which may be prescribed by national laws and regulations, inspectors should have qualifications and adequate training to perform their duties and where possible should have a maritime education or experience as a seafarer. They should have adequate knowledge of seafarers' working and living conditions and of the English language.

Texto do artigo · p. 213 6. Measures should be taken to provide inspectors with appropriate further training during their employment.

Texto do artigo · p. 213 7. All inspectors should have a clear understanding of the circumstances in which an inspection should be carried out, the scope of the inspection to be carried out in the various circumstances referred to and the general method of inspection.

Texto do artigo · p. 213 8. Inspectors provided with proper credentials under the national law should at a minimum be empowered: (a) to board ships freely and without previous notice; however, when commencing the ship inspection, inspectors should provide notification of their presence to the master or person in charge and, where appropriate, to the seafarers or their representatives; (b) to question the master, seafarer or any other person, including the shipowner or the shipowner's representative, on any matter concerning the application of the requirements under laws and regulations, in the presence of any witness that the person may have requested; (c) to require the production of any books, log books, registers, certificates or other documents or information directly related to matters subject to inspection, in order to verify compliance with the national laws and regulations implementing this Convention; (d) to enforce the posting of notices required under the national laws and regulations implementing this Convention; (e) to take or remove, for the purpose of analysis, samples of products, cargo, drinking water, provisions, materials and substances used or handled; (f) following an inspection, to bring immediately to the attention of the shipowner, the operator of the ship or the master, deficiencies which may affect the health and safety of those on board ship; (g) to alert the competent authority and, if applicable, the recognized organization to any deficiency or abuse not specifically covered by existing laws or regulations and submit proposals to them for the improvement of the laws or regulations; and (h) to notify the competent authority of any occupational injuries or diseases affecting seafarers in such cases and in such manner as may be prescribed by laws and regulations.

Texto do artigo · p. 213 9. When a sample referred to in paragraph 8(e) of this Guideline is being taken or removed, the shipowner or the shipowner's representative, and where appropriate a seafarer, should be notified or should be present at the time the sample is taken or removed. The quantity of such a sample should be properly recorded by the inspector.

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Texto do artigo · p. 214 Maritime Labour Convention, 2006

Texto do artigo · p. 214 10. The annual report published by the competent authority of each Member, in respect of ships that fly its flag, should contain: (a) a list of laws and regulations in force relevant to seafarers' working and living conditions and any amendments which have come into effect during the year; (b) details of the organization of the system of inspection; (c) statistics of ships or other premises subject to inspection and of ships and other premises actually inspected; (d) statistics on all seafarers subject to its national laws and regulations; (e) statistics and information on violations of legislation, penalties imposed and cases of detention of ships; and (f) statistics on reported occupational injuries and diseases affecting seafarers. Regulation 5.1.5 – On-board complaint procedures

Texto do artigo · p. 214 1. Each Member shall require that ships that fly its flag have on-board proce- dures for the fair, effective and expeditious handling of seafarer complaints alleging breaches of the requirements of this Convention (including seafarers' rights).

Texto do artigo · p. 214 2. Each Member shall prohibit and penalize any kind of victimization of a sea- farer for filing a complaint.

Texto do artigo · p. 214 3. The provisions in this Regulation and related sections of the Code are with- out prejudice to a seafarer's right to seek redress through whatever legal means the seafarer considers appropriate. Standard A5.1.5 – On-board complaint procedures

Texto do artigo · p. 214 1. Without prejudice to any wider scope that may be given in national laws or regulations or collective agreements, the on-board procedures may be used by sea- farers to lodge complaints relating to any matter that is alleged to constitute a breach of the requirements of this Convention (including seafarers' rights).

Texto do artigo · p. 214 2. Each Member shall ensure that, in its laws or regulations, appropriate on- board complaint procedures are in place to meet the requirements of Regulation 5.1.5. Such procedures shall seek to resolve complaints at the lowest level possible. However, in all cases, seafarers shall have a right to complain directly to the master and, where they consider it necessary, to appropriate external authorities.

Texto do artigo · p. 214 3. The on-board complaint procedures shall include the right of the seafarer to be accompanied or represented during the complaints procedure, as well as safeguards against the possibility of victimization of seafarers for filing complaints. The term "vic- timization" covers any adverse action taken by any person with respect to a seafarer for lodging a complaint which is not manifestly vexatious or maliciously made.

Texto do artigo · p. 214 4. In addition to a copy of their seafarers' employment agreement, all seafarers shall be provided with a copy of the on-board complaint procedures applicable on the ship. This shall include contact information for the competent authority in the flag State and, where different, in the seafarers' country of residence, and the name of a person or persons on board the ship who can, on a confidential basis, provide seafarers with impartial advice on their complaint and otherwise assist them in following the complaint procedures available to them on board the ship.

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Texto do artigo · p. 215 Compliance and enforcement Guideline B5.1.5 – On-board complaint procedures

Texto do artigo · p. 215 1. Subject to any relevant provisions of an applicable collective agreement, the competent authority should, in close consultation with shipowners’ and seafarers’ organizations, develop a model for fair, expeditious and well-documented on-board complaint-handling procedures for all ships that fly the Member’s flag. In developing these procedures the following matters should be considered: (a) many complaints may relate specifically to those individuals to whom the complaint is to be made or even to the master of the ship. In all cases seafarers should also be able to complain directly to the master and to make a complaint externally; and (b) in order to help avoid problems of victimization of seafarers making complaints about matters under this Convention, the procedures should encourage the nomination of a person on board who can advise seafarers on the procedures available to them and, if requested by the complainant seafarer, also attend any meetings or hearings into the subject matter of the complaint.

Texto do artigo · p. 215 2. At a minimum the procedures discussed during the consultative process referred to in paragraph 1 of this Guideline should include the following: (a) complaints should be addressed to the head of the department of the seafarer lodging the complaint or to the seafarer’s superior officer; (b) the head of department or superior officer should then attempt to resolve the matter within prescribed time limits appropriate to the seriousness of the issues involved; (c) if the head of department or superior officer cannot resolve the complaint to the satisfaction of the seafarer, the latter may refer it to the master, who should handle the matter personally; (d) seafarers should at all times have the right to be accompanied and to be represented by another seafarer of their choice on board the ship concerned; (e) all complaints and the decisions on them should be recorded and a copy provided to the seafarer concerned; (f) if a complaint cannot be resolved on board, the matter should be referred ashore to the shipowner, who should be given an appropriate time limit for resolving the matter, where appropriate, in consultation with the seafarers concerned or any person they may appoint as their representative; and (g) in all cases seafarers should have a right to file their complaints directly with the master and the shipowner and competent authorities. Regulation 5.1.6 – Marine casualties

Texto do artigo · p. 215 1. Each Member shall hold an official inquiry into any serious marine casualty, leading to injury or loss of life, that involves a ship that flies its flag. The final report of an inquiry shall normally be made public.

Texto do artigo · p. 215 2. Members shall cooperate with each other to facilitate the investigation of serious marine casualties referred to in paragraph 1 of this Regulation. Standard A5.1.6 – Marine casualties (No provisions)

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Texto do artigo · p. 216 Maritime Labour Convention, 2006 Guideline B5.1.6 – Marine casualties (No provisions) Regulation 5.2 – Port State responsibilities Purpose: To enable each Member to implement its responsibilities under this Convention regarding international cooperation in the implementation and enforcement of the Convention standards on foreign ships Regulation 5.2.1 – Inspections in port

Texto do artigo · p. 216 1. Every foreign ship calling, in the normal course of its business or for operational reasons, in the port of a Member may be the subject of inspection in accordance with paragraph 4 of Article V for the purpose of reviewing compliance with the requirements of this Convention (including seafarers’ rights) relating to the working and living conditions of seafarers on the ship.

Texto do artigo · p. 216 2. Each Member shall accept the maritime labour certificate and the declaration of maritime labour compliance required under Regulation 5.1.3 as prima facie evidence of compliance with the requirements of this Convention (including seafarers’ rights). Accordingly, the inspection in its ports shall, except in the circumstances specified in the Code, be limited to a review of the certificate and declaration.

Texto do artigo · p. 216 3. Inspections in a port shall be carried out by authorized officers in accordance with the provisions of the Code and other applicable international arrangements governing port State control inspections in the Member. Any such inspection shall be limited to verifying that the matter inspected is in conformity with the relevant requirements set out in the Articles and Regulations of this Convention and in Part A only of the Code.

Texto do artigo · p. 216 4. Inspections that may be carried out in accordance with this Regulation shall be based on an effective port State inspection and monitoring system to help ensure that the working and living conditions for seafarers on ships entering a port of the Member concerned meet the requirements of this Convention (including seafarers’ rights).

Texto do artigo · p. 216 5. Information about the system referred to in paragraph 4 of this Regulation, including the method used for assessing its effectiveness, shall be included in the Member’s reports pursuant to article 22 of the Constitution. Standard A5.2.1 – Inspections in port

Texto do artigo · p. 216 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

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Texto do artigo · p. 217 Compliance and enforcement (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 constitutes a serious breach of the requirements of this Convention (including seafarers’ rights).

Texto do artigo · p. 217 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.

Texto do artigo · p. 217 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.

Texto do artigo · p. 217 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.

Texto do artigo · p. 217 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.

Texto do artigo · p. 217 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);

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Texto do artigo · p. 218 Maritime Labour Convention, 2006 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 ac- tion 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 ship- owners’ and seafarers’ organizations in the port State in which the inspection was car- ried out.

Texto do artigo · p. 218 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 de- tention of a ship under paragraph 6 of this Standard.

Texto do artigo · p. 218 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. Guideline B5.2.1 – Inspections in port

Texto do artigo · p. 218 1. The competent authority should develop an inspection policy for authorized officers carrying out inspections under Regulation 5.2.1. The objective of the policy should be to ensure consistency and to otherwise guide inspection and enforcement ac- tivities related to the requirements of this Convention (including seafarers’ rights). Copies of this policy should be provided to all authorized officers and should be avail- able to the public and shipowners and seafarers.

Texto do artigo · p. 218 2. When developing a policy relating to the circumstances warranting a deten- tion of the ship under Standard A5.2.1, paragraph 6, of the competent authority should consider that, with respect to the breaches referred to in Standard A5.2.1, paragraph 6(b), the seriousness could be due to the nature of the deficiency concerned. This would be particularly relevant in the case of the violation of fundamental rights and principles or seafarers’ employment and social rights under Articles III and IV. For ex- ample, the employment of a person who is under age should be considered as a serious breach even if there is only one such person on board. In other cases, the number of different defects found during a particular inspection should be taken into account: for example, several instances of defects relating to accommodation or food and catering which do not threaten safety or health might be needed before they should be consid- ered as constituting a serious breach.

Texto do artigo · p. 218 3. Members should cooperate with each other to the maximum extent possible in the adoption of internationally agreed guidelines on inspection policies, especially those relating to the circumstances warranting the detention of a ship. Regulation 5.2.2 – Onshore seafarer complaint-handling procedures

Texto do artigo · p. 218 1. Each Member shall ensure that seafarers on ships calling at a port in the Member’s territory who allege a breach of the requirements of this Convention (in- cluding seafarers’ rights) have the right to report such a complaint in order to facilitate a prompt and practical means of redress.

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Texto do artigo · p. 219 Compliance and enforcement Standard A5.2.2 — Onshore seafarer complaint-handling procedures

Texto do artigo · p. 219 1. A complaint by a seafarer alleging a breach of the requirements of this Convention (including seafarers’ rights) may be reported to an authorized officer in the port at which the seafarer’s ship has called. In such cases, the authorized officer shall undertake an initial investigation.

Texto do artigo · p. 219 2. Where appropriate, given the nature of the complaint, the initial investigation shall include consideration of whether the on-board complaint procedures provided under Regulation 5.1.5 have been explored. The authorized officer may also conduct a more detailed inspection in accordance with Standard A5.2.1.

Texto do artigo · p. 219 3. The authorized officer shall, where appropriate, seek to promote a resolution of the complaint at the ship-board level.

Texto do artigo · p. 219 4. In the event that the investigation or the inspection provided under this Standard reveals a non-conformity that falls within the scope of paragraph 6 of Standard A5.2.1, the provisions of that paragraph shall be applied.

Texto do artigo · p. 219 5. Where the provisions of paragraph 4 of this Standard do not apply, and the complaint has not been resolved at the ship-board level, the authorized officer shall forthwith notify the flag State, seeking, within a prescribed deadline, advice and a corrective plan of action.

Texto do artigo · p. 219 6. Where the complaint has not been resolved following action taken in accordance with paragraph 5 of this Standard, the port State shall transmit a copy of the authorized officer’s report to the Director-General. The report must be accompanied by any reply received within the prescribed deadline from the competent authority of the flag State. The appropriate shipowners’ and seafarers’ organizations in the port State shall be similarly informed. In addition, statistics and information regarding complaints that have been resolved shall be regularly submitted by the port State to the Director-General. Both such submissions are provided in order that, on the basis of such action as may be considered appropriate and expedient, a record is kept of such information and is brought to the attention of parties, including shipowners’ and seafarers’ organizations, which might be interested in availing themselves of relevant recourse procedures.

Texto do artigo · p. 219 7. Appropriate steps shall be taken to safeguard the confidentiality of complaints made by seafarers. Guideline B5.2.2 — Onshore seafarer complaint-handling procedures

Texto do artigo · p. 219 1. Where a complaint referred to in Standard A5.2.2 is dealt with by an authorized officer, the officer should first check whether the complaint is of a general nature which concerns all seafarers on the ship, or a category of them, or whether it relates only to the individual case of the seafarer concerned.

Texto do artigo · p. 219 2. If the complaint is of a general nature, consideration should be given to undertaking a more detailed inspection in accordance with Standard A5.2.1.

Texto do artigo · p. 219 3. If the complaint relates to an individual case, an examination of the results of any on-board complaint procedures for the resolution of the complaint concerned should be undertaken. If such procedures have not been explored, the authorized officer should suggest that the complainant take advantage of any such procedures available. There should be good reasons for considering a complaint before any on-board

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Texto do artigo · p. 220 Maritime Labour Convention, 2006 complaint procedures have been explored. These would include the inadequacy of, or undue delay in, the internal procedures or the complainant’s fear of reprisal for lodging a complaint.

Texto do artigo · p. 220 4. In any investigation of a complaint, the authorized officer should give the master, the shipowner and any other person involved in the complaint a proper opportunity to make known their views.

Texto do artigo · p. 220 5. In the event that the flag State demonstrates, in response to the notification by the port State in accordance with paragraph 5 of Standard A.5.2.2, that it will handle the matter, and that it has in place effective procedures for this purpose and has submitted an acceptable plan of action, the authorized officer may refrain from any further involvement with the complaint. Regulation 5.3 – Labour-supplying responsibilities Purpose: To ensure that each Member implements its responsibilities under this Convention as pertaining to seafarer recruitment and placement and the social protection of its seafarers

Texto do artigo · p. 220 1. Without prejudice to the principle of each Member’s responsibility for the working and living conditions of seafarers on ships that fly its flag, the Member also has a responsibility to ensure the implementation of the requirements of this Convention regarding the recruitment and placement of seafarers as well as the social security protection of seafarers that are its nationals or are resident or are otherwise domiciled in its territory, to the extent that such responsibility is provided for in this Convention.

Texto do artigo · p. 220 2. Detailed requirements for the implementation of paragraph 1 of this Regulation are found in the Code.

Texto do artigo · p. 220 3. Each Member shall establish an effective inspection and monitoring system for enforcing its labour-supplying responsibilities under this Convention.

Texto do artigo · p. 220 4. Information about the system referred to in paragraph 3 of this Regulation, including the method used for assessing its effectiveness, shall be included in the Member’s reports pursuant to article 22 of the Constitution. Standard A5.3 – Labour-supplying responsibilities

Texto do artigo · p. 220 1. Each Member shall enforce the requirements of this Convention applicable to the operation and practice of seafarer recruitment and placement services established on its territory through a system of inspection and monitoring and legal proceedings for breaches of licensing and other operational requirements provided for in Standard A1.4. Guideline B5.3 – Labour-supplying responsibilities

Texto do artigo · p. 220 1. Private seafarer recruitment and placement services established in the Member’s territory and securing the services of a seafarer for a shipowner, wherever located, should be required to assume obligations to ensure the proper fulfilment by shipowners of the terms of their employment agreements concluded with seafarers. 90

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Texto do artigo · p. 221 APPENDIX A5-1 The working and living conditions of seafarers that must be inspected and ap- proved by the flag State before certifying a ship in accordance with Standard A5.1.3, paragraph 1: Minimum age Medical certification Qualifications of seafarers Seafarers’ employment agreements Use of any licensed or certified or regulated private recruitment and placement service Hours of work or rest Manning levels for the ship Accommodation On-board recreational facilities Food and catering Health and safety and accident prevention On-board medical care On-board complaint procedures Payment of wages

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Texto do artigo · p. 222 APPENDIX A5-II Maritime Labour Certificate (Note: This Certificate shall have a Declaration of Maritime Labour Compliance attached) Issued under the provisions of Article V and Title 5 of the Maritime Labour Convention, 2006 (referred to below as “the Convention”) under the authority of the Government of: (full designation of the State whose flag the ship is entitled to fly) by (full designation and address of the competent authority or recognized organization duly authorized under the provisions of the Convention) Particulars of the ship Name of ship Distinctive number or letters Port of registry Date of registry Gross tonnage ¹ IMO number Type of ship Name and address of the shipowner ² ¹ For ships covered by the tonnage measurement interim scheme adopted by the IMO, the gross tonnage is that which is included in the REMARKS column of the International Tonnage Certificate (1969). See Article II(1)(c) of the Convention. ² Shipowner means the owner of the ship or another organization or person, such as the manager, agent or bareboat charterer, who has assumed the responsibility for the operation of the ship from the owner and who, on assuming such responsibility, has agreed to take over the duties and responsibilities imposed on shipowners in accordance with this Convention, regardless of whether any other organizations or persons fulfil certain of the duties or responsibilities on behalf of the shipowner. See Article II(1)(j) of the Convention.

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Texto do artigo · p. 223 Appendix A5-II This is to certify:

Texto do artigo · p. 223 1. That this ship has been inspected and verified to be in compliance with the requirements of the Convention, and the provisions of the attached Declaration of Maritime Labour Compliance.

Texto do artigo · p. 223 2. That the seafarers’ working and living conditions specified in Appendix A5-I of the Convention were found to correspond to the abovementioned country's national requirements implementing the Convention. These national requirements are summarized in the Declaration of Maritime Labour Compliance, Part I. This Certificate is valid until ................................. subject to inspections in accordance with Standards A5.1.3 and A5.1.4 of the Convention. This Certificate is valid only when the Declaration of Maritime Labour Compliance issued at ...................................................... on ...................................................... is attached. Completion date of the inspection on which this Certificate is based was .............................. Issued at ...................................................... on .............................................................. Signature of the duly authorized official issuing the Certificate (Seal or stamp of issuing authority, as appropriate) Endorsements for mandatory intermediate inspection and, if required, any additional inspection This is to certify that the ship was inspected in accordance with Standards A5.1.3 and A5.1.4 of the Convention and that the seafarers’ working and living conditions specified in Appendix A5-I of the Convention were found to correspond to the above-mentioned country's national requirements implementing the Convention. Intermediate inspection: (to be completed between the second and third anniversary dates) Signed ............................................................... (Signature of authorized official) Place ................................................................. Date ................................................................. (Seal or stamp of the authority, as appropriate) Additional endorsements (if required) This is to certify that the ship was the subject of an additional inspection for the purpose of verifying that the ship continued to be in compliance with the national requirements implementing the Convention, as required by Standard A3.1, paragraph 3, of the Convention (re-registration or substantial alteration of accommodation) or for other reasons.

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Texto do artigo · p. 224 Maritime Labour Convention, 2006 Additional inspection: (if required) Signed .................................................................... (Signature of authorized official) Place ...................................................................... Date ....................................................................... (Seal or stamp of the authority, as appropriate) Additional inspection: (if required) Signed .................................................................... (Signature of authorized official) Place ...................................................................... Date ....................................................................... (Seal or stamp of the authority, as appropriate) Additional inspection: (if required) Signed .................................................................... (Signature of authorized official) Place ...................................................................... Date ....................................................................... (Seal or stamp of the authority, as appropriate)

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Texto do artigo · p. 225 Appendix A5-II Maritime Labour Convention, 2006 Declaration of Maritime Labour Compliance – Part I (Note: This Declaration must be attached to the ship’s Maritime Labour Certificate) Issued under the authority of: ................. (insert name of competent authority as defined in Article II, paragraph 1(a), of the Convention) With respect to the provisions of the Maritime Labour Convention, 2006, the following referenced ship: Name of ship IMO number Gross tonnage is maintained in accordance with Standard A5.1.3 of the Convention. The undersigned declares, on behalf of the abovementioned competent authority, that: (a) the provisions of the Maritime Labour Convention are fully embodied in the national requirements referred to be:», (b) these national requirements are contained in the national provisions referenced below; explanations concerning the content of those provisions are provided where necessary; (c) the details of any substantial equivalencies under Article VI, paragraphs 3 and 4, are provided <under the corresponding national requirement listed below> <in the section provided for this purpose below> (strike out the statement which is not applicable); (d) any exemptions granted by the competent authority in accordance with Title 3 are clearly indicated in the section provided for this purpose below; and (e) any ship-type specific requirements under national legislation are also referenced under the requirements concerned.

Texto do artigo · p. 225 1. Minimum age (Regulation 1.1) ...............................................................

Texto do artigo · p. 225 2. Medical certification (Regulation 1.2) ........................................................

Texto do artigo · p. 225 3. Qualifications of seafarers (Regulation 1.3) ................................................

Texto do artigo · p. 225 4. Seafarers’ employment agreements (Regulation 2.1) ....................................

Texto do artigo · p. 225 5. Use of any licensed or certified or regulated private recruitment and placement service (Regulation 1.4) .............................................................................

Texto do artigo · p. 225 6. Hours of work or rest (Regulation 2.3) ......................................................

Texto do artigo · p. 225 7. Manning levels for the ship (Regulation 2.7) ..............................................

Texto do artigo · p. 225 8. Accommodation (Regulation 3.1) ............................................................

Texto do artigo · p. 225 9. On-board recreational facilities (Regulation 3.1) .........................................

Texto do artigo · p. 225 10. Food and catering (Regulation 3.2) ..........................................................

Texto do artigo · p. 225 11. Health and safety and accident prevention (Regulation 4.3) ........................

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Texto do artigo · p. 226 Maritime Labour Convention, 2006

Texto do artigo · p. 226 12. On-board medical care (Regulation 4.1)

Texto do artigo · p. 226 13. On-board complaint procedures (Regulation 5.1.5)

Texto do artigo · p. 226 14. Payment of wages (Regulation 2.2) Name: Title: Signature: Place: Date: (Seal or stamp of the authority, as appropriate) Substantial equivalencies (Note: Strike out the statement which is not applicable) The following substantial equivalencies, as provided under Article VI, paragraphs 3 and 4, of the Convention, except where stated above, are noted (insert description if applicable): No equivalency has been granted. Name: Title: Signature: Place: Date: (Seal or stamp of the authority, as appropriate) Exemptions (Note: Strike out the statement which is not applicable) The following exemptions granted by the competent authority as provided in Title 3 of the Convention are noted: No exemption has been granted. Name: Title: Appendix 45-II Signature: Place: Date: (Seal or stamp of the authority, as appropriate)

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Texto do artigo · p. 227 Maritime Labour Convention, 2006 Declaration of Maritime Labour Compliance – Part II Measures adopted to ensure ongoing compliance between inspections The following measures have been drawn up by the shipowner, named in the Maritime Labour Certificate to which this Declaration is attached, to ensure ongoing compliance between inspections: (State below the measures drawn up to ensure compliance with each of the items in Part I)

Texto do artigo · p. 227 1. Minimum age (Regulation 1.1)

Texto do artigo · p. 227 2. Medical certification (Regulation 1.2)

Texto do artigo · p. 227 3. Qualifications of seafarers (Regulation 1.3)

Texto do artigo · p. 227 4. Seafarers’ employment agreements (Regulation 2.1)

Texto do artigo · p. 227 5. Use of any licensed or certified or regulated private recruitment and placement service (Regulation 1.4)

Texto do artigo · p. 227 6. Hours of work or rest (Regulation 2.3)

Texto do artigo · p. 227 7. Manning levels for the ship (Regulation 2.7)

Texto do artigo · p. 227 8. Accommodation (Regulation 3.1)

Texto do artigo · p. 227 9. On-board recreational facilities (Regulation 3.1)

Texto do artigo · p. 227 10. Food and catering (Regulation 3.2)

Texto do artigo · p. 227 11. Health and safety and accident prevention (Regulation 4.3)

Texto do artigo · p. 227 12. On-board medical care (Regulation 4.1)

Texto do artigo · p. 227 13. On-board complaint procedures (Regulation 5.1.5)

Texto do artigo · p. 227 14. Payment of wages (Regulation 2.2)

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Texto do artigo · p. 228 Appendix A5-II I hereby certify that the above measures have been drawn up to ensure ongoing com- pliance, between inspections, with the requirements listed in Part I. Name of shipowner: ¹ ........................................ ........................................ Company address: ........................................ ........................................ Name of the authorized signatory: ............ ........................................ Title: ........................................ Signature of the authorized signatory: ........................................ Date: ........................................ (Stamp or seal of the shipowner¹) The above measures have been reviewed by (insert name of competent authority or duly recognized organization) and, following inspection of the ship, have been deter- mined as meeting the purposes set out under Standard A5.3, paragraph 10(b), re- garding measures to ensure initial and ongoing compliance with the requirements set out in Part I of this Declaration. Name: ........................................ Title: ........................................ Address: ........................................ ........................................ ........................................ Signature: ........................................ Place: ........................................ Date: ........................................ (Seal or stamp of the authority, as appropriate) ¹ Shipowner means the owner of the ship or another organization or person, such as the manager, agent or bareboat charterer, who has assumed the responsibility for the operation of the ship from the owner and who, on assuming such responsibility, has agreed to take over the duties and responsibilities imposed on ship- owners in accordance with this Convention, regardless of whether any other organizations or persons fulfil cer- tain of the duties or responsibilities on behalf of the shipowner. See Article II(1)(j) of the Convention.

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Texto do artigo · p. 229 Maritime Labour Convention, 2006 Interim Maritime Labour Certificate Issued under the provisions of Article V and Title 5 of the Maritime Labour Convention, 2006 (referred to below as “the Convention”) under the authority of the Government of: (full designation of the State whose flag the ship is entitled to fly) by (full designation and address of the competent authority or recognized organization duly authorized under the provisions of the Convention) Particulars of the ship Name of ship Distinctive number or letters Port of registry Date of registry Gross tonnage 1 IMO number Type of ship Name and address of the shipowner 2 This is to certify, for the purposes of Standard A5.1.3, paragraph 7, of the Convention, that: (a) this ship has been inspected, as far as reasonable and practicable, for the matters listed in Appendix A5-I to the Convention, taking into account verification of items under (b), (c) and (d) below; (b) the shipowner has demonstrated to the competent authority or recognized organ- ization that the ship has adequate procedures to comply with the Convention; (c) the master is familiar with the requirements of the Convention and the responsi- bilities for implementation; and (d) relevant information has been submitted to the competent authority or recog- nized organization to produce a Declaration of Maritime Labour Compliance. 1 For ships covered by the tonnage measurement interim scheme adopted by the IMO, the gross ton- nage is that which is included in the REMARKS column of the International Tonnage Certificate (1969). See Article II(1)(c) of the Convention. 2 Shipowner means the owner of the ship or another organization or person, such as the manager, agent or bareboat charterer, who has assumed the responsibility for the operation of the ship from the owner and who, on assuming such responsibility, has agreed to take over the duties and responsibilities imposed on ship- owners in accordance with this Convention, regardless of whether any other organizations or persons fulfil cer- tain of the duties or responsibilities on behalf of the shipowner. See Article II(1)(j) of the Convention. Appendix A5-II This Certificate is valid until with Standards A5.1.3 and A5.1.4. Completion date of the inspection referred to under (a) above was Issued at Signature of the duly authorized official issuing the interim certificate (Seal or stamp of issuing authority, as appropriate)

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Texto do artigo · p. 230 APPENDIX A5-III General areas that are subject to a detailed inspection by an authorized officer in a port of a Member carrying out a port State inspection pursuant to Standard A5.2.1: Minimum age Medical certification Qualifications of seafarers Seafarers’ employment agreements Use of any licensed or certified or regulated private recruitment and placement service Hours of work or rest Manning levels for the ship Accommodation On-board recreational facilities Food and catering Health and safety and accident prevention On-board medical care On-board complaint procedures Payment of wages

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Name of ship	IMO number	Gross tonnage
M.S. EXAMPLE	12345	1,000

Texto do artigo · p. 231 APPENDIX B5-1 - EXAMPLE OF A NATIONAL DECLARATION See Guideline B5.1.3, paragraph 5 Maritime Labour Convention, 2006 Declaration of Maritime Labour Compliance - Part I (Note: This Declaration must be attached to the ship's Maritime Labour Certificate) Issued under the authority of: The Ministry of Maritime Transport of Xxxxxx With respect to the provisions of the Maritime Labour Convention, 2006, the following referenced ship: Name of ship IMO number Gross tonnage M.S. EXAMPLE 12345 1,000 is maintained in accordance with Standard A5.1.3 of the Convention. The undersigned declares, on behalf of the abovementioned competent authority, that: (a) the provisions of the Maritime Labour Convention are fully embodied in the national requirements referred to below; (b) these national requirements are contained in the national provisions referenced below; explanations concerning the content of those provisions are provided where necessary; (c) the details of any substantial equivalencies under Article VI, paragraphs 3 and 4, are provided under the corresponding national requirement listed below in the section provided for this purpose below (strike out the statement which is not applicable); (d) any exemptions granted by the competent authority in accordance with Title 3 are clearly indicated in the section provided for this purpose below; and (e) any ship-type specific requirements under national legislation are also referenced under the requirements concerned.

Name of ship	IMO number	Gross tonnage
M.S. EXAMPLE	12345	1,000

Texto do artigo · p. 231 1. Minimum age (Regulation 1.1) Shipping Law, No. 123 of 1905, as amended ("Law"), Chapter X; Shipping Regulations ("Regulations"), 2006, Rules 1111-2222. Minimum ages are those referred to in the Convention. "Night" means 9 p.m. to 6 a.m. unless the Ministry of Maritime Transport ("Ministry") approves a different period. Examples of hazardous work restricted to 18-year-olds or over are listed in Schedule A hereto. In the case of cargo ships, no one under 18 may work in the areas marked on the ship's plan (to be attached to this Declaration) as "hazardous area".

Name of ship	IMO number	Gross tonnage
M.S. EXAMPLE	12345	1,000

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Texto do artigo · p. 232 Maritime Labour Convention, 2006

Texto do artigo · p. 232 2. Medical certification (Regulation 1.2) Law, Chapter XI; Regulations, Rules 1223-1233. Medical certificates shall conform to the STCW requirements, where applicable; in other cases, the STCW requirements are applied with any necessary adjustments. Qualified opticians on list approved by Ministry may issue certificates concerning eyesight. Medical examinations follow the ILO/WHO Guidelines referred to in Guideline B1.2.1 Appendix B5-I Declaration of Maritime Labour Compliance – Part II Measures adopted to ensure ongoing compliance between inspections The following measures have been drawn up by the shipowner, named in the Maritime Labour Certificate to which this Declaration is attached, to ensure ongoing compliance between inspections: (State below the measures drawn up to ensure compliance with each of the items in Part I)

Texto do artigo · p. 232 1. Minimum age (Regulation 1.1) X Date of birth of each seafarer is noted against his/her name on the crew list. The list is checked at the beginning of each voyage by the master or officer acting on his or her behalf (“competent officer”), who records the date of such verification. Each seafarer under 18 receives, at the time of engagement, a note prohibiting him/ her from performing night work or the work specifically listed as hazardous (see Part I, section 1, above) and any other hazardous work, and requiring him/her to consult the competent officer in case of doubt. A copy of the note, with the sea- farer’s signature under “received and read”, and the date of signature, is kept by the competent officer.

Texto do artigo · p. 232 2. Medical certification (Regulation 1.2) X The medical certificates are kept in strict confidence by the competent officer, to- gether with a list, prepared under the competent officer’s responsibility and stating for each seafarer on board: the functions of the seafarer, the date of the current medical certificate(s) and the health status noted on the certificate concerned. In any case of possible doubt as to whether the seafarer is medically fit for a par- ticular function or functions, the competent officer consults the seafarer's doctor or another qualified practitioner and records a summary of the practitioner's conclu- sions, as well as the practitioner's name and telephone number and the date of the consultation. Preço — 1160,00 MT IMPRENSA NACIONAL DE MOÇAMBIQUE, E.P.

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Parágrafo · p. 232 Preço — 1160,00 MT

Parágrafo · p. 232 IMPRENSA NACIONAL DE MOÇAMBIQUE, E.P.

Fonte textual acessível e tabelas

Texto do artigo, página 205: 4. Each Member shall provide the International Labour Office with a current list of any recognized organizations authorized to act on its behalf and it shall keep this list up to date. The list shall specify the functions that the recognized organizations have been authorized to carry out. The Office shall make the list publicly available. Guideline B5.1.2 – Authorization of recognized organizations
Texto do artigo, página 205: 1. The organization seeking recognition should demonstrate the technical, administrative and managerial competence and capacity to ensure the provision of timely service of satisfactory quality.
Texto do artigo, página 205: 2. In evaluating the capability of an organization, the competent authority should determine whether the organization: (a) has adequate technical, managerial and support staff; (b) has sufficient qualified professional staff to provide the required service, representing an adequate geographical coverage; (c) has proven ability to provide a timely service of satisfactory quality; and (d) is independent and accountable in its operations.
Texto do artigo, página 205: 3. The competent authority should conclude a written agreement with any organization that it recognizes for purposes of an authorization. The agreement should include the following elements: (a) scope of application; (b) purpose; (c) general conditions; (d) the execution of functions under authorization; (e) legal basis of the functions under authorization;
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Texto do artigo, página 206: Maritime Labour Convention, 2006 (f) reporting to the competent authority; (g) specification of the authorization from the competent authority to the recognized organization; and (h) the competent authority’s supervision of activities delegated to the recognized organization.
Texto do artigo, página 206: 4. Each Member should require the recognized organizations to develop a sys- tem for qualification of staff employed by them as inspectors to ensure the timely up- dating of their knowledge and expertise.
Texto do artigo, página 206: 5. Each Member should require the recognized organizations to maintain records of the services performed by them such that they are able to demonstrate achievement of the required standards in the items covered by the services.
Texto do artigo, página 206: 6. In establishing the oversight procedures referred to in Standard A5.1.2, para- graph 3(b), each Member should take into account the Guidelines for the Authoriza- tion of Organizations Acting on Behalf of the Administration, adopted in the frame- work of the International Maritime Organization. Regulation 5.1.3 – Maritime labour certificate and declaration of maritime labour compliance
Texto do artigo, página 206: 1. This Regulation applies to ships of: (a) 500 gross tonnage or over, engaged in international voyages; and (b) 500 gross tonnage or over, flying the flag of a Member and operating from a port, or between ports, in another country. For the purpose of this Regulation, “international voyage” means a voyage from a coun- try to a port outside such a country.
Texto do artigo, página 206: 2. This Regulation also applies to any ship that flies the flag of a Member and is not covered by paragraph 1 of this Regulation, at the request of the shipowner to the Member concerned.
Texto do artigo, página 206: 3. Each Member shall require ships that fly its flag to carry and maintain a mari- time labour certificate certifying that the working and living conditions of seafarers on the ship, including measures for ongoing compliance to be included in the declaration of maritime labour compliance referred to in paragraph 4 of this Regulation, have been inspected and meet the requirements of national laws or regulations or other measures implementing this Convention.
Texto do artigo, página 206: 4. Each Member shall require ships that fly its flag to carry and maintain a declaration of maritime labour compliance stating the national requirements imple- menting this Convention for the working and living conditions for seafarers and setting out the measures adopted by the shipowner to ensure compliance with the require- ments on the ship or ships concerned.
Texto do artigo, página 206: 5. The maritime labour certificate and the declaration of maritime labour com- pliance shall conform to the model prescribed by the Code.
Texto do artigo, página 206: 6. Where the competent authority of the Member or a recognized organization duly authorized for this purpose has ascertained through inspection that a ship that flies the Member’s flag meets or continues to meet the standards of this Convention, it shall issue or renew a maritime labour certificate to that effect and maintain a publicly available record of that certificate.
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Texto do artigo, página 207: Compliance and enforcement
Texto do artigo, página 207: 7. Detailed requirements for the maritime labour certificate and the declara- tion of maritime labour compliance, including a list of the matters that must be in- spected and approved, are set out in Part A of the Code. Standard A5.1.3 – Maritime labour certificate and declaration of maritime labour compliance
Texto do artigo, página 207: 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 re- quirements 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.
Texto do artigo, página 207: 2. The validity of the maritime labour certificate shall be subject to an inter- mediate inspection by the competent authority, or by a recognized organization duly authorized for this purpose, to ensure continuing compliance with the national require- ments 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.
Texto do artigo, página 207: 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.
Texto do artigo, página 207: 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.
Texto do artigo, página 207: 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.
Texto do artigo, página 207: 6. An interim maritime labour certificate may be issued for a period not ex- ceeding six months by the competent authority or a recognized organization duly authorized for this purpose.
Texto do artigo, página 207: 7. An interim maritime labour certificate may only be issued following verifica- tion 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 subpara- graphs (b), (c), and (d) of this paragraph; (b) the shipowner has demonstrated to the competent authority or recognized organ- ization that the ship has adequate procedures to comply with this Convention;
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Texto do artigo, página 208: Maritime Labour Convention, 2006 (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.
Texto do artigo, página 208: 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.
Texto do artigo, página 208: 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.
Texto do artigo, página 208: 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.
Texto do artigo, página 208: 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.
Texto do artigo, página 208: 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.
Texto do artigo, página 208: 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.
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Texto do artigo, página 209: Compliance and enforcement
Texto do artigo, página 209: 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.
Texto do artigo, página 209: 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.
Texto do artigo, página 209: 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.
Texto do artigo, página 209: 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. Guideline B5.1.3 – Maritime labour certificate and declaration of maritime labour compliance
Texto do artigo, página 209: 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.
Texto do artigo, página 209: 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.
Texto do artigo, página 209: 3. The measures to ensure ongoing compliance should include general international requirements for the shipowner and master to keep themselves informed of the
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Texto do artigo, página 210: Maritime Labour Convention, 2006 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.
Texto do artigo, página 210: 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.
Texto do artigo, página 210: 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.
Texto do artigo, página 210: 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. Regulation 5.1.4 – Inspection and enforcement
Texto do artigo, página 210: 1. Each Member shall verify, through an effective and coordinated system of regular inspections, monitoring and other control measures, that ships that fly its flag comply with the requirements of this Convention as implemented in national laws and regulations.
Texto do artigo, página 210: 2. Detailed requirements regarding the inspection and enforcement system referred to in paragraph 1 of this Regulation are set out in Part A of the Code. Standard A5.1.4 – Inspection and enforcement
Texto do artigo, página 210: 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.
Texto do artigo, página 210: 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.
Texto do artigo, página 210: 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.
Texto do artigo, página 210: 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.
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Texto do artigo, página 211: Compliance and enforcement
Texto do artigo, página 211: 5. If a Member receives a complaint which it does not consider manifestly un- founded or obtains evidence that a ship that flies its flag does not conform to the re- quirements of this Convention or that there are serious deficiencies in the implement- ation 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.
Texto do artigo, página 211: 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 influ- ences.
Texto do artigo, página 211: 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 be- lieve that deficiencies constitute a serious breach of the requirements of this Con- vention (including seafarers’ rights), or represent a significant danger to sea- farers’ safety, health or security, to prohibit a ship from leaving port until necessary actions are taken.
Texto do artigo, página 211: 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.
Texto do artigo, página 211: 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.
Texto do artigo, página 211: 10. Inspectors shall treat as confidential the source of any grievance or com- plaint alleging a danger or deficiency in relation to seafarers’ working and living con- ditions 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.
Texto do artigo, página 211: 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 author- ity or impartiality in their relations with shipowners, seafarers or other interested par- ties. 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 in- formation of a personal nature which may come to their knowledge in the course of their duties.
Texto do artigo, página 211: 12. Inspectors shall submit a report of each inspection to the competent author- ity. One copy of the report in English or in the working language of the ship shall be fur- nished 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.
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Texto do artigo, página 212: Maritime Labour Convention, 2006
Texto do artigo, página 212: 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.
Texto do artigo, página 212: 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.
Texto do artigo, página 212: 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.
Texto do artigo, página 212: 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.
Texto do artigo, página 212: 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. Guideline B5.1.4 – Inspection and enforcement
Texto do artigo, página 212: 1. The competent authority and any other service or authority wholly or partly concerned with the inspection of seafarers’ working and living conditions should have the resources necessary to fulfil their functions. In particular: (a) each Member should take the necessary measures so that duly qualified technical experts and specialists may be called upon, as needed, to assist in the work of inspectors; and (b) inspectors should be provided with conveniently situated premises, equipment and means of transport adequate for the efficient performance of their duties.
Texto do artigo, página 212: 2. The competent authority should develop a compliance and enforcement policy to ensure consistency and otherwise guide inspection and enforcement activities related to this Convention. Copies of this policy should be provided to all inspectors and relevant law-enforcement officials and should be made available to the public and shipowners and seafarers.
Texto do artigo, página 212: 3. The competent authority should establish simple procedures to enable it to receive information in confidence concerning possible breaches of the requirements of this Convention (including seafarers’ rights) presented by seafarers directly or by representatives of the seafarers, and permit inspectors to investigate such matters promptly, including: (a) enabling masters, seafarers or representatives of the seafarers to request an inspection when they consider it necessary; and (b) supplying technical information and advice to shipowners and seafarers and organizations concerned as to the most effective means of complying with the requirements of this Convention and of bringing about a continual improvement in seafarers’ on-board conditions.
Texto do artigo, página 212: 4. Inspectors should be fully trained and sufficient in numbers to secure the efficient discharge of their duties with due regard to:
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Texto do artigo, página 213: Compliance and enforcement (a) the importance of the duties which the inspectors have to perform, in particular the number, nature and size of ships subject to inspection and the number and complexity of the legal provisions to be enforced; (b) the resources placed at the disposal of the inspectors; and (c) the practical conditions under which inspections must be carried out in order to be effective.
Texto do artigo, página 213: 5. Subject to any conditions for recruitment to the public service which may be prescribed by national laws and regulations, inspectors should have qualifications and adequate training to perform their duties and where possible should have a maritime education or experience as a seafarer. They should have adequate knowledge of seafarers' working and living conditions and of the English language.
Texto do artigo, página 213: 6. Measures should be taken to provide inspectors with appropriate further training during their employment.
Texto do artigo, página 213: 7. All inspectors should have a clear understanding of the circumstances in which an inspection should be carried out, the scope of the inspection to be carried out in the various circumstances referred to and the general method of inspection.
Texto do artigo, página 213: 8. Inspectors provided with proper credentials under the national law should at a minimum be empowered: (a) to board ships freely and without previous notice; however, when commencing the ship inspection, inspectors should provide notification of their presence to the master or person in charge and, where appropriate, to the seafarers or their representatives; (b) to question the master, seafarer or any other person, including the shipowner or the shipowner's representative, on any matter concerning the application of the requirements under laws and regulations, in the presence of any witness that the person may have requested; (c) to require the production of any books, log books, registers, certificates or other documents or information directly related to matters subject to inspection, in order to verify compliance with the national laws and regulations implementing this Convention; (d) to enforce the posting of notices required under the national laws and regulations implementing this Convention; (e) to take or remove, for the purpose of analysis, samples of products, cargo, drinking water, provisions, materials and substances used or handled; (f) following an inspection, to bring immediately to the attention of the shipowner, the operator of the ship or the master, deficiencies which may affect the health and safety of those on board ship; (g) to alert the competent authority and, if applicable, the recognized organization to any deficiency or abuse not specifically covered by existing laws or regulations and submit proposals to them for the improvement of the laws or regulations; and (h) to notify the competent authority of any occupational injuries or diseases affecting seafarers in such cases and in such manner as may be prescribed by laws and regulations.
Texto do artigo, página 213: 9. When a sample referred to in paragraph 8(e) of this Guideline is being taken or removed, the shipowner or the shipowner's representative, and where appropriate a seafarer, should be notified or should be present at the time the sample is taken or removed. The quantity of such a sample should be properly recorded by the inspector.
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Texto do artigo, página 214: Maritime Labour Convention, 2006
Texto do artigo, página 214: 10. The annual report published by the competent authority of each Member, in respect of ships that fly its flag, should contain: (a) a list of laws and regulations in force relevant to seafarers' working and living conditions and any amendments which have come into effect during the year; (b) details of the organization of the system of inspection; (c) statistics of ships or other premises subject to inspection and of ships and other premises actually inspected; (d) statistics on all seafarers subject to its national laws and regulations; (e) statistics and information on violations of legislation, penalties imposed and cases of detention of ships; and (f) statistics on reported occupational injuries and diseases affecting seafarers. Regulation 5.1.5 – On-board complaint procedures
Texto do artigo, página 214: 1. Each Member shall require that ships that fly its flag have on-board proce- dures for the fair, effective and expeditious handling of seafarer complaints alleging breaches of the requirements of this Convention (including seafarers' rights).
Texto do artigo, página 214: 2. Each Member shall prohibit and penalize any kind of victimization of a sea- farer for filing a complaint.
Texto do artigo, página 214: 3. The provisions in this Regulation and related sections of the Code are with- out prejudice to a seafarer's right to seek redress through whatever legal means the seafarer considers appropriate. Standard A5.1.5 – On-board complaint procedures
Texto do artigo, página 214: 1. Without prejudice to any wider scope that may be given in national laws or regulations or collective agreements, the on-board procedures may be used by sea- farers to lodge complaints relating to any matter that is alleged to constitute a breach of the requirements of this Convention (including seafarers' rights).
Texto do artigo, página 214: 2. Each Member shall ensure that, in its laws or regulations, appropriate on- board complaint procedures are in place to meet the requirements of Regulation 5.1.5. Such procedures shall seek to resolve complaints at the lowest level possible. However, in all cases, seafarers shall have a right to complain directly to the master and, where they consider it necessary, to appropriate external authorities.
Texto do artigo, página 214: 3. The on-board complaint procedures shall include the right of the seafarer to be accompanied or represented during the complaints procedure, as well as safeguards against the possibility of victimization of seafarers for filing complaints. The term "vic- timization" covers any adverse action taken by any person with respect to a seafarer for lodging a complaint which is not manifestly vexatious or maliciously made.
Texto do artigo, página 214: 4. In addition to a copy of their seafarers' employment agreement, all seafarers shall be provided with a copy of the on-board complaint procedures applicable on the ship. This shall include contact information for the competent authority in the flag State and, where different, in the seafarers' country of residence, and the name of a person or persons on board the ship who can, on a confidential basis, provide seafarers with impartial advice on their complaint and otherwise assist them in following the complaint procedures available to them on board the ship.
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Texto do artigo, página 215: Compliance and enforcement Guideline B5.1.5 – On-board complaint procedures
Texto do artigo, página 215: 1. Subject to any relevant provisions of an applicable collective agreement, the competent authority should, in close consultation with shipowners’ and seafarers’ organizations, develop a model for fair, expeditious and well-documented on-board complaint-handling procedures for all ships that fly the Member’s flag. In developing these procedures the following matters should be considered: (a) many complaints may relate specifically to those individuals to whom the complaint is to be made or even to the master of the ship. In all cases seafarers should also be able to complain directly to the master and to make a complaint externally; and (b) in order to help avoid problems of victimization of seafarers making complaints about matters under this Convention, the procedures should encourage the nomination of a person on board who can advise seafarers on the procedures available to them and, if requested by the complainant seafarer, also attend any meetings or hearings into the subject matter of the complaint.
Texto do artigo, página 215: 2. At a minimum the procedures discussed during the consultative process referred to in paragraph 1 of this Guideline should include the following: (a) complaints should be addressed to the head of the department of the seafarer lodging the complaint or to the seafarer’s superior officer; (b) the head of department or superior officer should then attempt to resolve the matter within prescribed time limits appropriate to the seriousness of the issues involved; (c) if the head of department or superior officer cannot resolve the complaint to the satisfaction of the seafarer, the latter may refer it to the master, who should handle the matter personally; (d) seafarers should at all times have the right to be accompanied and to be represented by another seafarer of their choice on board the ship concerned; (e) all complaints and the decisions on them should be recorded and a copy provided to the seafarer concerned; (f) if a complaint cannot be resolved on board, the matter should be referred ashore to the shipowner, who should be given an appropriate time limit for resolving the matter, where appropriate, in consultation with the seafarers concerned or any person they may appoint as their representative; and (g) in all cases seafarers should have a right to file their complaints directly with the master and the shipowner and competent authorities. Regulation 5.1.6 – Marine casualties
Texto do artigo, página 215: 1. Each Member shall hold an official inquiry into any serious marine casualty, leading to injury or loss of life, that involves a ship that flies its flag. The final report of an inquiry shall normally be made public.
Texto do artigo, página 215: 2. Members shall cooperate with each other to facilitate the investigation of serious marine casualties referred to in paragraph 1 of this Regulation. Standard A5.1.6 – Marine casualties (No provisions)
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Texto do artigo, página 216: Maritime Labour Convention, 2006 Guideline B5.1.6 – Marine casualties (No provisions) Regulation 5.2 – Port State responsibilities Purpose: To enable each Member to implement its responsibilities under this Convention regarding international cooperation in the implementation and enforcement of the Convention standards on foreign ships Regulation 5.2.1 – Inspections in port
Texto do artigo, página 216: 1. Every foreign ship calling, in the normal course of its business or for operational reasons, in the port of a Member may be the subject of inspection in accordance with paragraph 4 of Article V for the purpose of reviewing compliance with the requirements of this Convention (including seafarers’ rights) relating to the working and living conditions of seafarers on the ship.
Texto do artigo, página 216: 2. Each Member shall accept the maritime labour certificate and the declaration of maritime labour compliance required under Regulation 5.1.3 as prima facie evidence of compliance with the requirements of this Convention (including seafarers’ rights). Accordingly, the inspection in its ports shall, except in the circumstances specified in the Code, be limited to a review of the certificate and declaration.
Texto do artigo, página 216: 3. Inspections in a port shall be carried out by authorized officers in accordance with the provisions of the Code and other applicable international arrangements governing port State control inspections in the Member. Any such inspection shall be limited to verifying that the matter inspected is in conformity with the relevant requirements set out in the Articles and Regulations of this Convention and in Part A only of the Code.
Texto do artigo, página 216: 4. Inspections that may be carried out in accordance with this Regulation shall be based on an effective port State inspection and monitoring system to help ensure that the working and living conditions for seafarers on ships entering a port of the Member concerned meet the requirements of this Convention (including seafarers’ rights).
Texto do artigo, página 216: 5. Information about the system referred to in paragraph 4 of this Regulation, including the method used for assessing its effectiveness, shall be included in the Member’s reports pursuant to article 22 of the Constitution. Standard A5.2.1 – Inspections in port
Texto do artigo, página 216: 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
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Texto do artigo, página 217: Compliance and enforcement (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 constitutes a serious breach of the requirements of this Convention (including seafarers’ rights).
Texto do artigo, página 217: 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.
Texto do artigo, página 217: 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.
Texto do artigo, página 217: 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.
Texto do artigo, página 217: 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.
Texto do artigo, página 217: 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);
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Texto do artigo, página 218: Maritime Labour Convention, 2006 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 ac- tion 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 ship- owners’ and seafarers’ organizations in the port State in which the inspection was car- ried out.
Texto do artigo, página 218: 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 de- tention of a ship under paragraph 6 of this Standard.
Texto do artigo, página 218: 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. Guideline B5.2.1 – Inspections in port
Texto do artigo, página 218: 1. The competent authority should develop an inspection policy for authorized officers carrying out inspections under Regulation 5.2.1. The objective of the policy should be to ensure consistency and to otherwise guide inspection and enforcement ac- tivities related to the requirements of this Convention (including seafarers’ rights). Copies of this policy should be provided to all authorized officers and should be avail- able to the public and shipowners and seafarers.
Texto do artigo, página 218: 2. When developing a policy relating to the circumstances warranting a deten- tion of the ship under Standard A5.2.1, paragraph 6, of the competent authority should consider that, with respect to the breaches referred to in Standard A5.2.1, paragraph 6(b), the seriousness could be due to the nature of the deficiency concerned. This would be particularly relevant in the case of the violation of fundamental rights and principles or seafarers’ employment and social rights under Articles III and IV. For ex- ample, the employment of a person who is under age should be considered as a serious breach even if there is only one such person on board. In other cases, the number of different defects found during a particular inspection should be taken into account: for example, several instances of defects relating to accommodation or food and catering which do not threaten safety or health might be needed before they should be consid- ered as constituting a serious breach.
Texto do artigo, página 218: 3. Members should cooperate with each other to the maximum extent possible in the adoption of internationally agreed guidelines on inspection policies, especially those relating to the circumstances warranting the detention of a ship. Regulation 5.2.2 – Onshore seafarer complaint-handling procedures
Texto do artigo, página 218: 1. Each Member shall ensure that seafarers on ships calling at a port in the Member’s territory who allege a breach of the requirements of this Convention (in- cluding seafarers’ rights) have the right to report such a complaint in order to facilitate a prompt and practical means of redress.
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Texto do artigo, página 219: Compliance and enforcement Standard A5.2.2 — Onshore seafarer complaint-handling procedures
Texto do artigo, página 219: 1. A complaint by a seafarer alleging a breach of the requirements of this Convention (including seafarers’ rights) may be reported to an authorized officer in the port at which the seafarer’s ship has called. In such cases, the authorized officer shall undertake an initial investigation.
Texto do artigo, página 219: 2. Where appropriate, given the nature of the complaint, the initial investigation shall include consideration of whether the on-board complaint procedures provided under Regulation 5.1.5 have been explored. The authorized officer may also conduct a more detailed inspection in accordance with Standard A5.2.1.
Texto do artigo, página 219: 3. The authorized officer shall, where appropriate, seek to promote a resolution of the complaint at the ship-board level.
Texto do artigo, página 219: 4. In the event that the investigation or the inspection provided under this Standard reveals a non-conformity that falls within the scope of paragraph 6 of Standard A5.2.1, the provisions of that paragraph shall be applied.
Texto do artigo, página 219: 5. Where the provisions of paragraph 4 of this Standard do not apply, and the complaint has not been resolved at the ship-board level, the authorized officer shall forthwith notify the flag State, seeking, within a prescribed deadline, advice and a corrective plan of action.
Texto do artigo, página 219: 6. Where the complaint has not been resolved following action taken in accordance with paragraph 5 of this Standard, the port State shall transmit a copy of the authorized officer’s report to the Director-General. The report must be accompanied by any reply received within the prescribed deadline from the competent authority of the flag State. The appropriate shipowners’ and seafarers’ organizations in the port State shall be similarly informed. In addition, statistics and information regarding complaints that have been resolved shall be regularly submitted by the port State to the Director-General. Both such submissions are provided in order that, on the basis of such action as may be considered appropriate and expedient, a record is kept of such information and is brought to the attention of parties, including shipowners’ and seafarers’ organizations, which might be interested in availing themselves of relevant recourse procedures.
Texto do artigo, página 219: 7. Appropriate steps shall be taken to safeguard the confidentiality of complaints made by seafarers. Guideline B5.2.2 — Onshore seafarer complaint-handling procedures
Texto do artigo, página 219: 1. Where a complaint referred to in Standard A5.2.2 is dealt with by an authorized officer, the officer should first check whether the complaint is of a general nature which concerns all seafarers on the ship, or a category of them, or whether it relates only to the individual case of the seafarer concerned.
Texto do artigo, página 219: 2. If the complaint is of a general nature, consideration should be given to undertaking a more detailed inspection in accordance with Standard A5.2.1.
Texto do artigo, página 219: 3. If the complaint relates to an individual case, an examination of the results of any on-board complaint procedures for the resolution of the complaint concerned should be undertaken. If such procedures have not been explored, the authorized officer should suggest that the complainant take advantage of any such procedures available. There should be good reasons for considering a complaint before any on-board
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Texto do artigo, página 220: Maritime Labour Convention, 2006 complaint procedures have been explored. These would include the inadequacy of, or undue delay in, the internal procedures or the complainant’s fear of reprisal for lodging a complaint.
Texto do artigo, página 220: 4. In any investigation of a complaint, the authorized officer should give the master, the shipowner and any other person involved in the complaint a proper opportunity to make known their views.
Texto do artigo, página 220: 5. In the event that the flag State demonstrates, in response to the notification by the port State in accordance with paragraph 5 of Standard A.5.2.2, that it will handle the matter, and that it has in place effective procedures for this purpose and has submitted an acceptable plan of action, the authorized officer may refrain from any further involvement with the complaint. Regulation 5.3 – Labour-supplying responsibilities Purpose: To ensure that each Member implements its responsibilities under this Convention as pertaining to seafarer recruitment and placement and the social protection of its seafarers
Texto do artigo, página 220: 1. Without prejudice to the principle of each Member’s responsibility for the working and living conditions of seafarers on ships that fly its flag, the Member also has a responsibility to ensure the implementation of the requirements of this Convention regarding the recruitment and placement of seafarers as well as the social security protection of seafarers that are its nationals or are resident or are otherwise domiciled in its territory, to the extent that such responsibility is provided for in this Convention.
Texto do artigo, página 220: 2. Detailed requirements for the implementation of paragraph 1 of this Regulation are found in the Code.
Texto do artigo, página 220: 3. Each Member shall establish an effective inspection and monitoring system for enforcing its labour-supplying responsibilities under this Convention.
Texto do artigo, página 220: 4. Information about the system referred to in paragraph 3 of this Regulation, including the method used for assessing its effectiveness, shall be included in the Member’s reports pursuant to article 22 of the Constitution. Standard A5.3 – Labour-supplying responsibilities
Texto do artigo, página 220: 1. Each Member shall enforce the requirements of this Convention applicable to the operation and practice of seafarer recruitment and placement services established on its territory through a system of inspection and monitoring and legal proceedings for breaches of licensing and other operational requirements provided for in Standard A1.4. Guideline B5.3 – Labour-supplying responsibilities
Texto do artigo, página 220: 1. Private seafarer recruitment and placement services established in the Member’s territory and securing the services of a seafarer for a shipowner, wherever located, should be required to assume obligations to ensure the proper fulfilment by shipowners of the terms of their employment agreements concluded with seafarers. 90
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Texto do artigo, página 221: APPENDIX A5-1 The working and living conditions of seafarers that must be inspected and ap- proved by the flag State before certifying a ship in accordance with Standard A5.1.3, paragraph 1: Minimum age Medical certification Qualifications of seafarers Seafarers’ employment agreements Use of any licensed or certified or regulated private recruitment and placement service Hours of work or rest Manning levels for the ship Accommodation On-board recreational facilities Food and catering Health and safety and accident prevention On-board medical care On-board complaint procedures Payment of wages
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Texto do artigo, página 222: APPENDIX A5-II Maritime Labour Certificate (Note: This Certificate shall have a Declaration of Maritime Labour Compliance attached) Issued under the provisions of Article V and Title 5 of the Maritime Labour Convention, 2006 (referred to below as “the Convention”) under the authority of the Government of: (full designation of the State whose flag the ship is entitled to fly) by (full designation and address of the competent authority or recognized organization duly authorized under the provisions of the Convention) Particulars of the ship Name of ship Distinctive number or letters Port of registry Date of registry Gross tonnage ¹ IMO number Type of ship Name and address of the shipowner ² ¹ For ships covered by the tonnage measurement interim scheme adopted by the IMO, the gross tonnage is that which is included in the REMARKS column of the International Tonnage Certificate (1969). See Article II(1)(c) of the Convention. ² Shipowner means the owner of the ship or another organization or person, such as the manager, agent or bareboat charterer, who has assumed the responsibility for the operation of the ship from the owner and who, on assuming such responsibility, has agreed to take over the duties and responsibilities imposed on shipowners in accordance with this Convention, regardless of whether any other organizations or persons fulfil certain of the duties or responsibilities on behalf of the shipowner. See Article II(1)(j) of the Convention.
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Texto do artigo, página 223: Appendix A5-II This is to certify:
Texto do artigo, página 223: 1. That this ship has been inspected and verified to be in compliance with the requirements of the Convention, and the provisions of the attached Declaration of Maritime Labour Compliance.
Texto do artigo, página 223: 2. That the seafarers’ working and living conditions specified in Appendix A5-I of the Convention were found to correspond to the abovementioned country's national requirements implementing the Convention. These national requirements are summarized in the Declaration of Maritime Labour Compliance, Part I. This Certificate is valid until ................................. subject to inspections in accordance with Standards A5.1.3 and A5.1.4 of the Convention. This Certificate is valid only when the Declaration of Maritime Labour Compliance issued at ...................................................... on ...................................................... is attached. Completion date of the inspection on which this Certificate is based was .............................. Issued at ...................................................... on .............................................................. Signature of the duly authorized official issuing the Certificate (Seal or stamp of issuing authority, as appropriate) Endorsements for mandatory intermediate inspection and, if required, any additional inspection This is to certify that the ship was inspected in accordance with Standards A5.1.3 and A5.1.4 of the Convention and that the seafarers’ working and living conditions specified in Appendix A5-I of the Convention were found to correspond to the above-mentioned country's national requirements implementing the Convention. Intermediate inspection: (to be completed between the second and third anniversary dates) Signed ............................................................... (Signature of authorized official) Place ................................................................. Date ................................................................. (Seal or stamp of the authority, as appropriate) Additional endorsements (if required) This is to certify that the ship was the subject of an additional inspection for the purpose of verifying that the ship continued to be in compliance with the national requirements implementing the Convention, as required by Standard A3.1, paragraph 3, of the Convention (re-registration or substantial alteration of accommodation) or for other reasons.
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Texto do artigo, página 224: Maritime Labour Convention, 2006 Additional inspection: (if required) Signed .................................................................... (Signature of authorized official) Place ...................................................................... Date ....................................................................... (Seal or stamp of the authority, as appropriate) Additional inspection: (if required) Signed .................................................................... (Signature of authorized official) Place ...................................................................... Date ....................................................................... (Seal or stamp of the authority, as appropriate) Additional inspection: (if required) Signed .................................................................... (Signature of authorized official) Place ...................................................................... Date ....................................................................... (Seal or stamp of the authority, as appropriate)
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Texto do artigo, página 225: Appendix A5-II Maritime Labour Convention, 2006 Declaration of Maritime Labour Compliance – Part I (Note: This Declaration must be attached to the ship’s Maritime Labour Certificate) Issued under the authority of: ................. (insert name of competent authority as defined in Article II, paragraph 1(a), of the Convention) With respect to the provisions of the Maritime Labour Convention, 2006, the following referenced ship: Name of ship IMO number Gross tonnage is maintained in accordance with Standard A5.1.3 of the Convention. The undersigned declares, on behalf of the abovementioned competent authority, that: (a) the provisions of the Maritime Labour Convention are fully embodied in the national requirements referred to be:», (b) these national requirements are contained in the national provisions referenced below; explanations concerning the content of those provisions are provided where necessary; (c) the details of any substantial equivalencies under Article VI, paragraphs 3 and 4, are provided <under the corresponding national requirement listed below> <in the section provided for this purpose below> (strike out the statement which is not applicable); (d) any exemptions granted by the competent authority in accordance with Title 3 are clearly indicated in the section provided for this purpose below; and (e) any ship-type specific requirements under national legislation are also referenced under the requirements concerned.
Texto do artigo, página 225: 1. Minimum age (Regulation 1.1) ...............................................................
Texto do artigo, página 225: 2. Medical certification (Regulation 1.2) ........................................................
Texto do artigo, página 225: 3. Qualifications of seafarers (Regulation 1.3) ................................................
Texto do artigo, página 225: 4. Seafarers’ employment agreements (Regulation 2.1) ....................................
Texto do artigo, página 225: 5. Use of any licensed or certified or regulated private recruitment and placement service (Regulation 1.4) .............................................................................
Texto do artigo, página 225: 6. Hours of work or rest (Regulation 2.3) ......................................................
Texto do artigo, página 225: 7. Manning levels for the ship (Regulation 2.7) ..............................................
Texto do artigo, página 225: 8. Accommodation (Regulation 3.1) ............................................................
Texto do artigo, página 225: 9. On-board recreational facilities (Regulation 3.1) .........................................
Texto do artigo, página 225: 10. Food and catering (Regulation 3.2) ..........................................................
Texto do artigo, página 225: 11. Health and safety and accident prevention (Regulation 4.3) ........................
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Texto do artigo, página 226: Maritime Labour Convention, 2006
Texto do artigo, página 226: 12. On-board medical care (Regulation 4.1)
Texto do artigo, página 226: 13. On-board complaint procedures (Regulation 5.1.5)
Texto do artigo, página 226: 14. Payment of wages (Regulation 2.2) Name: Title: Signature: Place: Date: (Seal or stamp of the authority, as appropriate) Substantial equivalencies (Note: Strike out the statement which is not applicable) The following substantial equivalencies, as provided under Article VI, paragraphs 3 and 4, of the Convention, except where stated above, are noted (insert description if applicable): No equivalency has been granted. Name: Title: Signature: Place: Date: (Seal or stamp of the authority, as appropriate) Exemptions (Note: Strike out the statement which is not applicable) The following exemptions granted by the competent authority as provided in Title 3 of the Convention are noted: No exemption has been granted. Name: Title: Appendix 45-II Signature: Place: Date: (Seal or stamp of the authority, as appropriate)
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Texto do artigo, página 227: Maritime Labour Convention, 2006 Declaration of Maritime Labour Compliance – Part II Measures adopted to ensure ongoing compliance between inspections The following measures have been drawn up by the shipowner, named in the Maritime Labour Certificate to which this Declaration is attached, to ensure ongoing compliance between inspections: (State below the measures drawn up to ensure compliance with each of the items in Part I)
Texto do artigo, página 227: 1. Minimum age (Regulation 1.1)
Texto do artigo, página 227: 2. Medical certification (Regulation 1.2)
Texto do artigo, página 227: 3. Qualifications of seafarers (Regulation 1.3)
Texto do artigo, página 227: 4. Seafarers’ employment agreements (Regulation 2.1)
Texto do artigo, página 227: 5. Use of any licensed or certified or regulated private recruitment and placement service (Regulation 1.4)
Texto do artigo, página 227: 6. Hours of work or rest (Regulation 2.3)
Texto do artigo, página 227: 7. Manning levels for the ship (Regulation 2.7)
Texto do artigo, página 227: 8. Accommodation (Regulation 3.1)
Texto do artigo, página 227: 9. On-board recreational facilities (Regulation 3.1)
Texto do artigo, página 227: 10. Food and catering (Regulation 3.2)
Texto do artigo, página 227: 11. Health and safety and accident prevention (Regulation 4.3)
Texto do artigo, página 227: 12. On-board medical care (Regulation 4.1)
Texto do artigo, página 227: 13. On-board complaint procedures (Regulation 5.1.5)
Texto do artigo, página 227: 14. Payment of wages (Regulation 2.2)
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Texto do artigo, página 228: Appendix A5-II I hereby certify that the above measures have been drawn up to ensure ongoing com- pliance, between inspections, with the requirements listed in Part I. Name of shipowner: ¹ ........................................ ........................................ Company address: ........................................ ........................................ Name of the authorized signatory: ............ ........................................ Title: ........................................ Signature of the authorized signatory: ........................................ Date: ........................................ (Stamp or seal of the shipowner¹) The above measures have been reviewed by (insert name of competent authority or duly recognized organization) and, following inspection of the ship, have been deter- mined as meeting the purposes set out under Standard A5.3, paragraph 10(b), re- garding measures to ensure initial and ongoing compliance with the requirements set out in Part I of this Declaration. Name: ........................................ Title: ........................................ Address: ........................................ ........................................ ........................................ Signature: ........................................ Place: ........................................ Date: ........................................ (Seal or stamp of the authority, as appropriate) ¹ Shipowner means the owner of the ship or another organization or person, such as the manager, agent or bareboat charterer, who has assumed the responsibility for the operation of the ship from the owner and who, on assuming such responsibility, has agreed to take over the duties and responsibilities imposed on ship- owners in accordance with this Convention, regardless of whether any other organizations or persons fulfil cer- tain of the duties or responsibilities on behalf of the shipowner. See Article II(1)(j) of the Convention.
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Texto do artigo, página 229: Maritime Labour Convention, 2006 Interim Maritime Labour Certificate Issued under the provisions of Article V and Title 5 of the Maritime Labour Convention, 2006 (referred to below as “the Convention”) under the authority of the Government of: (full designation of the State whose flag the ship is entitled to fly) by (full designation and address of the competent authority or recognized organization duly authorized under the provisions of the Convention) Particulars of the ship Name of ship Distinctive number or letters Port of registry Date of registry Gross tonnage 1 IMO number Type of ship Name and address of the shipowner 2 This is to certify, for the purposes of Standard A5.1.3, paragraph 7, of the Convention, that: (a) this ship has been inspected, as far as reasonable and practicable, for the matters listed in Appendix A5-I to the Convention, taking into account verification of items under (b), (c) and (d) below; (b) the shipowner has demonstrated to the competent authority or recognized organ- ization that the ship has adequate procedures to comply with the Convention; (c) the master is familiar with the requirements of the Convention and the responsi- bilities for implementation; and (d) relevant information has been submitted to the competent authority or recog- nized organization to produce a Declaration of Maritime Labour Compliance. 1 For ships covered by the tonnage measurement interim scheme adopted by the IMO, the gross ton- nage is that which is included in the REMARKS column of the International Tonnage Certificate (1969). See Article II(1)(c) of the Convention. 2 Shipowner means the owner of the ship or another organization or person, such as the manager, agent or bareboat charterer, who has assumed the responsibility for the operation of the ship from the owner and who, on assuming such responsibility, has agreed to take over the duties and responsibilities imposed on ship- owners in accordance with this Convention, regardless of whether any other organizations or persons fulfil cer- tain of the duties or responsibilities on behalf of the shipowner. See Article II(1)(j) of the Convention. Appendix A5-II This Certificate is valid until with Standards A5.1.3 and A5.1.4. Completion date of the inspection referred to under (a) above was Issued at Signature of the duly authorized official issuing the interim certificate (Seal or stamp of issuing authority, as appropriate)
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Texto do artigo, página 230: APPENDIX A5-III General areas that are subject to a detailed inspection by an authorized officer in a port of a Member carrying out a port State inspection pursuant to Standard A5.2.1: Minimum age Medical certification Qualifications of seafarers Seafarers’ employment agreements Use of any licensed or certified or regulated private recruitment and placement service Hours of work or rest Manning levels for the ship Accommodation On-board recreational facilities Food and catering Health and safety and accident prevention On-board medical care On-board complaint procedures Payment of wages
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Área de tabela, página 231: 18 DE SETEMBRO DE 2018 2311
Name of ship IMO number Gross tonnage
M.S. EXAMPLE 12345 1,000
Texto do artigo, página 231: APPENDIX B5-1 - EXAMPLE OF A NATIONAL DECLARATION See Guideline B5.1.3, paragraph 5 Maritime Labour Convention, 2006 Declaration of Maritime Labour Compliance - Part I (Note: This Declaration must be attached to the ship's Maritime Labour Certificate) Issued under the authority of: The Ministry of Maritime Transport of Xxxxxx With respect to the provisions of the Maritime Labour Convention, 2006, the following referenced ship: Name of ship IMO number Gross tonnage M.S. EXAMPLE 12345 1,000 is maintained in accordance with Standard A5.1.3 of the Convention. The undersigned declares, on behalf of the abovementioned competent authority, that: (a) the provisions of the Maritime Labour Convention are fully embodied in the national requirements referred to below; (b) these national requirements are contained in the national provisions referenced below; explanations concerning the content of those provisions are provided where necessary; (c) the details of any substantial equivalencies under Article VI, paragraphs 3 and 4, are provided under the corresponding national requirement listed below in the section provided for this purpose below (strike out the statement which is not applicable); (d) any exemptions granted by the competent authority in accordance with Title 3 are clearly indicated in the section provided for this purpose below; and (e) any ship-type specific requirements under national legislation are also referenced under the requirements concerned.
Name of ship IMO number Gross tonnage
M.S. EXAMPLE 12345 1,000
Texto do artigo, página 231: 1. Minimum age (Regulation 1.1) Shipping Law, No. 123 of 1905, as amended ("Law"), Chapter X; Shipping Regulations ("Regulations"), 2006, Rules 1111-2222. Minimum ages are those referred to in the Convention. "Night" means 9 p.m. to 6 a.m. unless the Ministry of Maritime Transport ("Ministry") approves a different period. Examples of hazardous work restricted to 18-year-olds or over are listed in Schedule A hereto. In the case of cargo ships, no one under 18 may work in the areas marked on the ship's plan (to be attached to this Declaration) as "hazardous area".
Name of ship IMO number Gross tonnage
M.S. EXAMPLE 12345 1,000
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Texto lido por imagem, página 232: 2312 I SÉRIE — NÚMERO 183
Texto do artigo, página 232: Maritime Labour Convention, 2006
Texto do artigo, página 232: 2. Medical certification (Regulation 1.2) Law, Chapter XI; Regulations, Rules 1223-1233. Medical certificates shall conform to the STCW requirements, where applicable; in other cases, the STCW requirements are applied with any necessary adjustments. Qualified opticians on list approved by Ministry may issue certificates concerning eyesight. Medical examinations follow the ILO/WHO Guidelines referred to in Guideline B1.2.1 Appendix B5-I Declaration of Maritime Labour Compliance – Part II Measures adopted to ensure ongoing compliance between inspections The following measures have been drawn up by the shipowner, named in the Maritime Labour Certificate to which this Declaration is attached, to ensure ongoing compliance between inspections: (State below the measures drawn up to ensure compliance with each of the items in Part I)
Texto do artigo, página 232: 1. Minimum age (Regulation 1.1) X Date of birth of each seafarer is noted against his/her name on the crew list. The list is checked at the beginning of each voyage by the master or officer acting on his or her behalf (“competent officer”), who records the date of such verification. Each seafarer under 18 receives, at the time of engagement, a note prohibiting him/ her from performing night work or the work specifically listed as hazardous (see Part I, section 1, above) and any other hazardous work, and requiring him/her to consult the competent officer in case of doubt. A copy of the note, with the sea- farer’s signature under “received and read”, and the date of signature, is kept by the competent officer.
Texto do artigo, página 232: 2. Medical certification (Regulation 1.2) X The medical certificates are kept in strict confidence by the competent officer, to- gether with a list, prepared under the competent officer’s responsibility and stating for each seafarer on board: the functions of the seafarer, the date of the current medical certificate(s) and the health status noted on the certificate concerned. In any case of possible doubt as to whether the seafarer is medically fit for a par- ticular function or functions, the competent officer consults the seafarer's doctor or another qualified practitioner and records a summary of the practitioner's conclu- sions, as well as the practitioner's name and telephone number and the date of the consultation. Preço — 1160,00 MT IMPRENSA NACIONAL DE MOÇAMBIQUE, E.P.
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Parágrafo, página 232: Preço — 1160,00 MT
Parágrafo, página 232: IMPRENSA NACIONAL DE MOÇAMBIQUE, E.P.

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