Конвенция о труде в морском судоходстве (КТМС-2006)

Maritime Labour Convention, 2006

The publicity referred to in paragraph 2 of this Guideline should take ac-

count of the different nationalities, languages and cultures of seafarers on board ships.

Guideline B4.3.10 – Safety and health education of young seafarers

Safety and health regulations should refer to any general provisions on medi-

cal examinations before and during employment and on the prevention of accidents
and the protection of health in employment, which may be applicable to the work of
seafarers. Such regulations should specify measures which will minimize occupational
dangers to young seafarers in the course of their duties.

Except where a young seafarer is recognized as fully qualified in a pertinent

skill by the competent authority, the regulations should specify restrictions on young
seafarers undertaking, without appropriate supervision and instruction, certain types
of work presenting special risk of accident or of detrimental effect on their health or
physical development, or requiring a particular degree of maturity, experience or skill.
In determining the types of work to be restricted by the regulations, the competent
authority might consider in particular work involving:
(a)

the lifting, moving or carrying of heavy loads or objects;

(b)

entry into boilers, tanks and cofferdams;

(c)

exposure to harmful noise and vibration levels;

(d)

operating hoisting and other power machinery and tools, or acting as signallers
to operators of such equipment;

(e)

handling mooring or tow lines or anchoring equipment;

(f)

rigging;

(g)

work aloft or on deck in heavy weather;

(h)

nightwatch duties;

(i)

servicing of electrical equipment;

(j)

exposure to potentially harmful materials, or harmful physical agents such as
dangerous or toxic substances and ionizing radiations;

(k)

the cleaning of catering machinery; and

(l)

the handling or taking charge of ships’ boats.

Practical measures should be taken by the competent authority or through

the appropriate machinery to bring to the attention of young seafarers information
concerning the prevention of accidents and the protection of their health on board
ships. Such measures could include adequate instruction in courses, official accident
prevention publicity intended for young persons and professional instruction and
supervision of young seafarers.

Education and training of young seafarers both ashore and on board ships

should include guidance on the detrimental effects on their health and well-being of
the abuse of alcohol and drugs and other potentially harmful substances, and the risk
and concerns relating to HIV/AIDS and of other health risk related activities.

Guideline B4.3.11 – International cooperation

Members, with the assistance as appropriate of intergovernmental and other

international organizations, should endeavour, in cooperation with each other, to
achieve the greatest possible uniformity of action for the promotion of occupational
safety and health protection and prevention of accidents.

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Health protection, medical care, welfare and social security protection

In developing programmes for promoting occupational safety and health

protection and prevention of accidents under Standard A4.3, each Member should
have due regard to relevant codes of practice published by the International Labour
Organization and the appropriate standards of international organizations.

Members should have regard to the need for international cooperation in the

continuous promotion of activity related to occupational safety and health protection
and prevention of occupational accidents. Such cooperation might take the form of:
(a)

bilateral or multilateral arrangements for uniformity in occupational safety and
health protection and accident prevention standards and safeguards;

(b)

exchange of information on particular hazards affecting seafarers and on means of
promoting occupational safety and health protection and preventing accidents;

(c)

assistance in testing of equipment and inspection according to the national regu-
lations of the flag State;

(d)

collaboration in the preparation and dissemination of occupational safety and
health protection and accident prevention provisions, rules or manuals;

(e)

collaboration in the production and use of training aids; and

(f)

joint facilities for, or mutual assistance in, the training of seafarers in occupational
safety and health protection, accident prevention and safe working practices.

Regulation 4.4 – Access to shore-based welfare facilities

Purpose: To ensure that seafarers working on board a ship have access
to shore-based facilities and services to secure their health and well-being

Each Member shall ensure that shore-based welfare facilities, where they

exist, are easily accessible. The Member shall also promote the development of welfare
facilities, such as those listed in the Code, in designated ports to provide seafarers on
ships that are in its ports with access to adequate welfare facilities and services.

The responsibilities of each Member with respect to shore-based facilities,

such as welfare, cultural, recreational and information facilities and services, are set
out in the Code.

Standard A4.4 – Access to shore-based welfare facilities

Each Member shall require, where welfare facilities exist on its territory, that

they are available for the use of all seafarers, irrespective of nationality, race, colour,
sex, religion, political opinion or social origin and irrespective of the flag State of the
ship on which they are employed or engaged or work.

Each Member shall promote the development of welfare facilities in appro-

priate ports of the country and determine, after consultation with the shipowners’ and
seafarers’ organizations concerned, which ports are to be regarded as appropriate.

Each Member shall encourage the establishment of welfare boards which

shall regularly review welfare facilities and services to ensure that they are appropriate
in the light of changes in the needs of seafarers resulting from technical, operational
and other developments in the shipping industry.

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Maritime Labour Convention, 2006

Guideline B4.4 – Access to shore-based welfare facilities

Guideline B4.4.1 – Responsibilities of Members

Each Member should:

(a)

take measures to ensure that adequate welfare facilities and services are provided
for seafarers in designated ports of call and that adequate protection is provided to
seafarers in the exercise of their profession; and

(b)

take into account, in the implementation of these measures, the special needs of
seafarers, especially when in foreign countries and when entering war zones, in
respect of their safety, health and spare-time activities.

Arrangements for the supervision of welfare facilities and services should in-

clude participation by representative shipowners’ and seafarers’ organizations concerned.

Each Member should take measures designed to expedite the free circulation

among ships, central supply agencies and welfare establishments of welfare materials
such as films, books, newspapers and sports equipment for use by seafarers on board
their ships and in welfare centres ashore.

Members should cooperate with one another in promoting the welfare of

seafarers at sea and in port. Such cooperation should include the following:
(a)

consultations among competent authorities aimed at the provision and improve-
ment of seafarers’ welfare facilities and services, both in port and on board ships;

(b)

agreements on the pooling of resources and the joint provision of welfare facil-
ities in major ports so as to avoid unnecessary duplication;

(c)

organization of international sports competitions and encouragement of the par-
ticipation of seafarers in sports activities; and

(d)

organization of international seminars on the subject of welfare of seafarers at
sea and in port.

Guideline B4.4.2 – Welfare facilities and services in ports

Each Member should provide or ensure the provision of such welfare facil-

ities and services as may be required, in appropriate ports of the country.

Welfare facilities and services should be provided, in accordance with national

conditions and practice, by one or more of the following:
(a)

public authorities;

(b)

shipowners’ and seafarers’ organizations concerned under collective agreements
or other agreed arrangements; and

(c)

voluntary organizations.

Necessary welfare and recreational facilities should be established or devel-

oped in ports. These should include:
(a)

meeting and recreation rooms as required;

(b)

facilities for sports and outdoor facilities, including competitions;

(c)

educational facilities; and

(d)

where appropriate, facilities for religious observances and for personal counselling.

These facilities may be provided by making available to seafarers in accord-

ance with their needs facilities designed for more general use.

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Health protection, medical care, welfare and social security protection

Where large numbers of seafarers of different nationalities require facilities

such as hotels, clubs and sports facilities in a particular port, the competent authorities or
bodies of the countries of origin of the seafarers and of the flag States, as well as the
international associations concerned, should consult and cooperate with the competent
authorities and bodies of the country in which the port is situated and with one another,
with a view to the pooling of resources and to avoiding unnecessary duplication.

Hotels or hostels suitable for seafarers should be available where there is

need for them. They should provide facilities equal to those found in a good-class
hotel, and should wherever possible be located in good surroundings away from the
immediate vicinity of the docks. Such hotels or hostels should be properly supervised,
the prices charged should be reasonable in amount and, where necessary and possible,
provision should be made for accommodating seafarers’ families.

These accommodation facilities should be open to all seafarers, irrespective of

nationality, race, colour, sex, religion, political opinion or social origin and irrespective
of the flag State of the ship on which they are employed or engaged or work. Without in
any way infringing this principle, it may be necessary in certain ports to provide several
types of facilities, comparable in standard but adapted to the customs and needs of dif-
ferent groups of seafarers.

Measures should be taken to ensure that, as necessary, technically competent

persons are employed full time in the operation of seafarers’ welfare facilities and ser-
vices, in addition to any voluntary workers.

Guideline B4.4.3 – Welfare boards

Welfare boards should be established, at the port, regional and national levels,

as appropriate. Their functions should include:
(a)

keeping under review the adequacy of existing welfare facilities and monitoring
the need for the provision of additional facilities or the withdrawal of under-
utilized facilities; and

(b)

assisting and advising those responsible for providing welfare facilities and ensur-
ing coordination between them.

Welfare boards should include among their members representatives of ship-

owners’ and seafarers’ organizations, the competent authorities and, where appropri-
ate, voluntary organizations and social bodies.

As appropriate, consuls of maritime States and local representatives of foreign

welfare organizations should, in accordance with national laws and regulations, be asso-
ciated with the work of port, regional and national welfare boards.

Guideline B4.4.4 – Financing of welfare facilities

In accordance with national conditions and practice, financial support for

port welfare facilities should be made available through one or more of the following:
(a)

grants from public funds;

(b)

levies or other special dues from shipping sources;

(c)

voluntary contributions from shipowners, seafarers, or their organizations; and

(d)

voluntary contributions from other sources.

Where welfare taxes, levies and special dues are imposed, they should be

used only for the purposes for which they are raised.

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Maritime Labour Convention, 2006

Guideline B4.4.5 – Dissemination of information and facilitation measures

Information should be disseminated among seafarers concerning facilities

open to the general public in ports of call, particularly transport, welfare, entertain-
ment and educational facilities and places of worship, as well as facilities provided spe-
cifically for seafarers.

Adequate means of transport at moderate prices should be available at any

reasonable time in order to enable seafarers to reach urban areas from convenient
locations in the port.

All suitable measures should be taken by the competent authorities to make

known to shipowners and to seafarers entering port any special laws and customs, the
contravention of which may jeopardize their freedom.

Port areas and access roads should be provided by the competent authorities

with adequate lighting and signposting and regular patrols for the protection of seafarers.

Guideline B4.4.6 – Seafarers in a foreign port

For the protection of seafarers in foreign ports, measures should be taken to

facilitate:
(a)

access to consuls of their State of nationality or State of residence; and

(b)

effective cooperation between consuls and the local or national authorities.

Seafarers who are detained in a foreign port should be dealt with promptly

under due process of law and with appropriate consular protection.

Whenever a seafarer is detained for any reason in the territory of a Member,

the competent authority should, if the seafarer so requests, immediately inform the
flag State and the State of nationality of the seafarer. The competent authority should
promptly inform the seafarer of the right to make such a request. The State of nation-
ality of the seafarer should promptly notify the seafarer’s next of kin. The competent
authority should allow consular officers of these States immediate access to the sea-
farer and regular visits thereafter so long as the seafarer is detained.

Each Member should take measures, whenever necessary, to ensure the

safety of seafarers from aggression and other unlawful acts while ships are in their ter-
ritorial waters and especially in approaches to ports.

Every effort should be made by those responsible in port and on board a ship

to facilitate shore leave for seafarers as soon as possible after a ship’s arrival in port.

Regulation 4.5 – Social security

Purpose: To ensure that measures are taken with a view to providing seafarers
with access to social security protection

Each Member shall ensure that all seafarers and, to the extent provided

for in its national law, their dependants have access to social security protection in ac-
cordance with the Code without prejudice however to any more favourable conditions
referred to in paragraph 8 of article 19 of the Constitution.

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Health protection, medical care, welfare and social security protection

Each Member undertakes to take steps, according to its national circum-

stances, individually and through international cooperation, to achieve progressively
comprehensive social security protection for seafarers.

Each Member shall ensure that seafarers who are subject to its social security

legislation, and, to the extent provided for in its national law, their dependants, are en-
titled to benefit from social security protection no less favourable than that enjoyed by
shoreworkers.

Standard A4.5 – Social security

The branches to be considered with a view to achieving progressively com-

prehensive social security protection under Regulation 4.5 are: medical care, sickness
benefit, unemployment benefit, old-age benefit, employment injury benefit, family
benefit, maternity benefit, invalidity benefit and survivors’ benefit, complementing the
protection provided for under Regulations 4.1, on medical care, and 4.2, on ship-
owners’ liability, and under other titles of this Convention.

At the time of ratification, the protection to be provided by each Member in

accordance with Regulation 4.5, paragraph 1, shall include at least three of the nine
branches listed in paragraph 1 of this Standard.

Each Member shall take steps according to its national circumstances to pro-

vide the complementary social security protection referred to in paragraph 1 of this
Standard to all seafarers ordinarily resident in its territory. This responsibility could be
satisfied, for example, through appropriate bilateral or multilateral agreements or
contribution-based systems. The resulting protection shall be no less favourable than
that enjoyed by shoreworkers resident in their territory.

Notwithstanding the attribution of responsibilities in paragraph 3 of this

Standard, Members may determine, through bilateral and multilateral agreements and
through provisions adopted in the framework of regional economic integration organ-
izations, other rules concerning the social security legislation to which seafarers are
subject.

Each Member’s responsibilities with respect to seafarers on ships that fly its

flag shall include those provided for by Regulations 4.1 and 4.2 and the related provi-
sions of the Code, as well as those that are inherent in its general obligations under
international law.

Each Member shall give consideration to the various ways in which compar-

able benefits will, in accordance with national law and practice, be provided to sea-
farers in the absence of adequate coverage in the branches referred to in paragraph 1
of this Standard.

The protection under Regulation 4.5, paragraph 1, may, as appropriate, be

contained in laws or regulations, in private schemes or in collective bargaining agree-
ments or in a combination of these.

To the extent consistent with their national law and practice, Members shall

cooperate, through bilateral or multilateral agreements or other arrangements, to
ensure the maintenance of social security rights, provided through contributory or
non-contributory schemes, which have been acquired, or are in the course of acquisi-
tion, by all seafarers regardless of residence.

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Maritime Labour Convention, 2006

Each Member shall establish fair and effective procedures for the settlement

of disputes.

10.

Each Member shall at the time of ratification specify the branches for which

protection is provided in accordance with paragraph 2 of this Standard. It shall subse-
quently notify the Director-General of the International Labour Office when it pro-
vides social security protection in respect of one or more other branches stated in para-
graph 1 of this Standard. The Director-General shall maintain a register of this
information and shall make it available to all interested parties.

11.

The reports to the International Labour Office pursuant to article 22 of the

Constitution, shall also include information regarding steps taken in accordance with
Regulation 4.5, paragraph 2, to extend protection to other branches.

Guideline B4.5 – Social security

The protection to be provided at the time of ratification in accordance with

Standard A4.5, paragraph 2, should at least include the branches of medical care, sick-
ness benefit and employment injury benefit.

In the circumstances referred to in Standard A4.5, paragraph 6, comparable

benefits may be provided through insurance, bilateral and multilateral agreements or
other effective means, taking into consideration the provisions of relevant collective
bargaining agreements. Where such measures are adopted, seafarers covered by such
measures should be advised of the means by which the various branches of social secur-
ity protection will be provided.

Where seafarers are subject to more than one national legislation covering

social security, the Members concerned should cooperate in order to determine by
mutual agreement which legislation is to apply, taking into account such factors as the
type and level of protection under the respective legislations which is more favourable
to the seafarer concerned as well as the seafarer’s preference.

The procedures to be established under Standard A4.5, paragraph 9, should

be designed to cover all disputes relevant to the claims of the seafarers concerned,
irrespective of the manner in which the coverage is provided.

Each Member which has national seafarers, non-national seafarers or both

serving on ships that fly its flag should provide the social security protection in the Con-
vention as applicable, and should periodically review the branches of social security
protection in Standard A4.5, paragraph 1, with a view to identifying any additional
branches appropriate for the seafarers concerned.

The seafarers’ employment agreement should identify the means by which

the various branches of social security protection will be provided to the seafarer by
the shipowner as well as any other relevant information at the disposal of the ship-
owner, such as statutory deductions from the seafarers’ wages and shipowners’ contri-
butions which may be made in accordance with the requirements of identified author-
ized bodies pursuant to relevant national social security schemes.

The Member whose flag the ship flies should, in effectively exercising its

jurisdiction over social matters, satisfy itself that the shipowners’ responsibilities con-
cerning social security protection are met, including making the required contributions
to social security schemes.

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ITLE

5. C

OMPLIANCE

AND

ENFORCEMENT

Compliance and enforcement

The Regulations in this Title specify each Member’s responsibility to fully

implement and enforce the principles and rights set out in the Articles of this Conven-
tion as well as the particular obligations provided for under its Titles 1, 2, 3 and 4.

Paragraphs 3 and 4 of Article VI, which permit the implementation of Part

A of the Code through substantially equivalent provisions, do not apply to Part A of
the Code in this Title.

In accordance with paragraph 2 of Article VI, each Member shall implement

its responsibilities under the Regulations in the manner set out in the corresponding
Standards of Part A of the Code, giving due consideration to the corresponding Guide-
lines in Part B of the Code.

The provisions of this Title shall be implemented bearing in mind that sea-

farers and shipowners, like all other persons, are equal before the law and are entitled
to the equal protection of the law and shall not be subject to discrimination in their ac-
cess to courts, tribunals or other dispute resolution mechanisms. The provisions of this
Title do not determine legal jurisdiction or a legal venue.

Regulation 5.1 – Flag State responsibilities

Purpose: To ensure that each Member implements its responsibilities
under this Convention with respect to ships that fly its flag

Regulation 5.1.1 – General principles

Each Member is responsible for ensuring implementation of its obligations

under this Convention on ships that fly its flag.

Each Member shall establish an effective system for the inspection and cer-

tification of maritime labour conditions, in accordance with Regulations 5.1.3 and 5.1.4
ensuring that the working and living conditions for seafarers on ships that fly its flag
meet, and continue to meet, the standards in this Convention.

In establishing an effective system for the inspection and certification of

maritime labour conditions, a Member may, where appropriate, authorize public insti-
tutions or other organizations (including those of another Member, if the latter agrees)
which it recognizes as competent and independent to carry out inspections or to issue
certificates or to do both. In all cases, the Member shall remain fully responsible for
the inspection and certification of the working and living conditions of the seafarers
concerned on ships that fly its flag.

A maritime labour certificate, complemented by a declaration of maritime

labour compliance, shall constitute prima facie evidence that the ship has been duly in-
spected by the Member whose flag it flies and that the requirements of this Convention

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Maritime Labour Convention, 2006

relating to working and living conditions of the seafarers have been met to the extent
so certified.

Information about the system referred to in paragraph 2 of this Regulation, in-

cluding the method used for assessing its effectiveness, shall be included in the Member’s
reports to the International Labour Office pursuant to article 22 of the Constitution.

Standard A5.1.1 – General principles

Each Member shall establish clear objectives and standards covering the ad-

ministration of its inspection and certification systems, as well as adequate overall pro-
cedures for its assessment of the extent to which those objectives and standards are be-
ing attained.

Each Member shall require all ships that fly its flag to have a copy of this

Convention available on board.

Guideline B5.1.1 – General principles

The competent authority should make appropriate arrangements to promote

effective cooperation between public institutions and other organizations, referred to
in Regulations 5.1.1 and 5.1.2, concerned with seafarers’ shipboard working and living
conditions.

In order to better ensure cooperation between inspectors and shipowners,

seafarers and their respective organizations, and to maintain or improve seafarers’
working and living conditions, the competent authority should consult the represent-
atives of such organizations at regular intervals as to the best means of attaining these
ends. The manner of such consultation should be determined by the competent author-
ity after consulting with shipowners’ and seafarers’ organizations.

Regulation 5.1.2 – Authorization of recognized organizations

The public institutions or other organizations referred to in paragraph 3 of

Regulation 5.1.1 (“recognized organizations”) shall have been recognized by the com-
petent authority as meeting the requirements in the Code regarding competency and
independence. The inspection or certification functions which the recognized organi-
zations may be authorized to carry out shall come within the scope of the activities that
are expressly mentioned in the Code as being carried out by the competent authority
or a recognized organization.

The reports referred to in paragraph 5 of Regulation 5.1.1 shall contain infor-

mation regarding any recognized organization, the extent of authorizations given and
the arrangements made by the Member to ensure that the authorized activities are car-
ried out completely and effectively.

Standard A5.1.2 – Authorization of recognized organizations

For the purpose of recognition in accordance with paragraph 1 of Regulation

5.1.2, the competent authority shall review the competency and independence of the
organization concerned and determine whether the organization has demonstrated, to
the extent necessary for carrying out the activities covered by the authorization con-
ferred on it, that the organization:

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Compliance and enforcement

(a)

has the necessary expertise in the relevant aspects of this Convention and an ap-
propriate knowledge of ship operations, including the minimum requirements
for seafarers to work on a ship, conditions of employment, accommodation, rec-
reational facilities, food and catering, accident prevention, health protection,
medical care, welfare and social security protection;

(b)

has the ability to maintain and update the expertise of its personnel;

(c)

has the necessary knowledge of the requirements of this Convention as well as of
applicable national laws and regulations and relevant international instruments;
and

(d)

is of the appropriate size, structure, experience and capability commensurate
with the type and degree of authorization.

Any authorizations granted with respect to inspections shall, as a minimum,

empower the recognized organization to require the rectification of deficiencies that it
identifies in seafarers’ working and living conditions and to carry out inspections in this
regard at the request of a port State.

Each Member shall establish:

(a)

a system to ensure the adequacy of work performed by recognized organizations,
which includes information on all applicable national laws and regulations and
relevant international instruments; and

(b)

procedures for communication with and oversight of such organizations.

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

The organization seeking recognition should demonstrate the technical, ad-

ministrative and managerial competence and capacity to ensure the provision of timely
service of satisfactory quality.

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, repre-
senting 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.

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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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.

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.

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.

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

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.

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.

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.

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.

The maritime labour certificate and the declaration of maritime labour com-

pliance shall conform to the model prescribed by the Code.

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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Compliance and enforcement

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

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.

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.

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.

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.

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.

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.

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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Maritime Labour Convention, 2006

(c)

the master is familiar with the requirements of this Convention and the respon-
sibilities 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.

A full inspection in accordance with paragraph 1 of this Standard shall be car-

ried out prior to expiry of the interim certificate to enable issue of the full-term mari-
time 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 mari-
time labour compliance need not be issued for the period of validity of the interim
certificate.

The maritime labour certificate, the interim maritime labour certificate and

the declaration of maritime labour compliance shall be drawn up in the form corre-
sponding to the models given in Appendix A5-II.

10.

The declaration of maritime labour compliance shall be attached to the

maritime labour certificate. It shall have two parts:
(a)

Part I shall be drawn up by the competent authority which shall: (i) identify the
list of matters to be inspected in accordance with paragraph 1 of this Standard;
(ii) identify the national requirements embodying the relevant provisions of this
Convention by providing a reference to the relevant national legal provisions as
well as, to the extent necessary, concise information on the main content of the
national requirements; (iii) refer to ship-type specific requirements under
national legislation; (iv) record any substantially equivalent provisions adopted
pursuant to paragraph 3 of Article VI; and (v) clearly indicate any exemption
granted by the competent authority as provided in Title 3; and

(b)

Part II shall be drawn up by the shipowner and shall identify the measures adopted
to ensure ongoing compliance with the national requirements between inspections
and the measures proposed to ensure that there is continuous improvement.

The competent authority or recognized organization duly authorized for this purpose
shall certify Part II and shall issue the declaration of maritime labour compliance.

11.

The results of all subsequent inspections or other verifications carried out

with respect to the ship concerned and any significant deficiencies found during any
such verification shall be recorded, together with the date when the deficiencies were
found to have been remedied. This record, accompanied by an English-language trans-
lation 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 offi-
cers in port States and shipowners’ and seafarers’ representatives.

12.

A current valid maritime labour certificate and declaration of maritime

labour compliance, accompanied by an English-language translation where it is not in
English, shall be carried on the ship and a copy shall be posted in a conspicuous place on
board where it is available to the seafarers. A copy shall be made available in accordance
with national laws and regulations, upon request, to seafarers, flag State inspectors,
authorized officers in port States, and shipowners’ and seafarers’ representatives.

13.

The requirement for an English-language translation in paragraphs 11 and

12 of this Standard does not apply in the case of a ship not engaged in an international
voyage.

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Compliance and enforcement

14.

A certificate issued under paragraph 1 or 5 of this Standard shall cease to be

valid in any of the following cases:
(a)

if the relevant inspections are not completed within the periods specified under
paragraph 2 of this Standard;

(b)

if the certificate is not endorsed in accordance with paragraph 2 of this Standard;

(c)

when a ship changes flag;

(d)

when a shipowner ceases to assume the responsibility for the operation of a ship;
and

(e)

when substantial changes have been made to the structure or equipment covered
in Title 3.

15.

In the case referred to in paragraph 14(c), (d) or (e) of this Standard, a new

certificate shall only be issued when the competent authority or recognized organiza-
tion issuing the new certificate is fully satisfied that the ship is in compliance with the
requirements of this Standard.

16.

A maritime labour certificate shall be withdrawn by the competent author-

ity or the recognized organization duly authorized for this purpose by the flag State, if
there is evidence that the ship concerned does not comply with the requirements of this
Convention and any required corrective action has not been taken.

17.

When considering whether a maritime labour certificate should be with-

drawn 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

The statement of national requirements in Part I of the declaration of mari-

time labour compliance should include or be accompanied by references to the legis-
lative provisions relating to seafarers’ working and living conditions in each of the mat-
ters 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 pro-
vided 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.

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 proce-
dures 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 infor-
mation required by Regulation 5 of the SOLAS Convention, Chapter XI-1 relating to
the ship’s Continuous Synopsis Record.

The measures to ensure ongoing compliance should include general inter-

national requirements for the shipowner and master to keep themselves informed of the

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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’ repre-
sentatives accordingly, thereby guaranteeing a better level of protection of the seafarers’
working and living conditions on board.

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 be-
ing properly implemented.

An example of the kind of information that might be contained in a declar-

ation of maritime labour compliance is given in Appendix B5-I.

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

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.

Detailed requirements regarding the inspection and enforcement system re-

ferred to in paragraph 1 of this Regulation are set out in Part A of the Code.

Standard A5.1.4 – Inspection and enforcement

Each Member shall maintain a system of inspection of the conditions for sea-

farers on ships that fly its flag which shall include verification that the measures relat-
ing 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.

The competent authority shall appoint a sufficient number of qualified in-

spectors to fulfil its responsibilities under paragraph 1 of this Standard. Where recog-
nized 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.

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 compli-
ance referred to in paragraph 1 of this Standard.

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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Compliance and enforcement

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.

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.

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.

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.

Inspectors shall have the discretion to give advice instead of instituting or

recommending proceedings when there is no clear breach of the requirements of this
Convention that endangers the safety, health or security of the seafarers concerned
and where there is no prior history of similar breaches.

10.

Inspectors shall treat as confidential the source of any grievance or 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.

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.

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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Конвенция о труде в морском судоходстве (КТМС-2006) - часть 13