Конвенция о труде в морском судоходстве (КТМС-2006)

Maritime Labour Convention, 2006

13.

The competent authority of each Member shall maintain records of inspec-

tions of the conditions for seafarers on ships that fly its flag. It shall publish an annual
report on inspection activities within a reasonable time, not exceeding six months, after
the end of the year.

14.

In the case of an investigation pursuant to a major incident, the report shall

be submitted to the competent authority as soon as practicable, but not later than one
month following the conclusion of the investigation.

15.

When an inspection is conducted or when measures are taken under this

Standard, all reasonable efforts shall be made to avoid a ship being unreasonably de-
tained or delayed.

16.

Compensation shall be payable in accordance with national laws and regu-

lations for any loss or damage suffered as a result of the wrongful exercise of the in-
spectors’ powers. The burden of proof in each case shall be on the complainant.

17.

Adequate penalties and other corrective measures for breaches of the re-

quirements of this Convention (including seafarers’ rights) and for obstructing inspec-
tors in the performance of their duties shall be provided for and effectively enforced
by each Member.

Guideline B5.1.4 – Inspection and enforcement

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 in-
spectors; and

(b)

inspectors should be provided with conveniently situated premises, equipment
and means of transport adequate for the efficient performance of their duties.

The competent authority should develop a compliance and enforcement pol-

icy to ensure consistency and otherwise guide inspection and enforcement activities re-
lated 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.

The competent authority should establish simple procedures to enable it to re-

ceive information in confidence concerning possible breaches of the requirements of this
Convention (including seafarers’ rights) presented by seafarers directly or by represent-
atives of the seafarers, and permit inspectors to investigate such matters promptly,
including:
(a)

enabling masters, seafarers or representatives of the seafarers to request an in-
spection when they consider it necessary; and

(b)

supplying technical information and advice to shipowners and seafarers and or-
ganizations concerned as to the most effective means of complying with the re-
quirements of this Convention and of bringing about a continual improvement in
seafarers’ on-board conditions.

Inspectors should be fully trained and sufficient in numbers to secure the ef-

ficient discharge of their duties with due regard to:

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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.

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 sea-
farers’ working and living conditions and of the English language.

Measures should be taken to provide inspectors with appropriate further

training during their employment.

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.

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 re-
quirements under laws and regulations, in the presence of any witness that the per-
son 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, drink-
ing 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 affect-
ing seafarers in such cases and in such manner as may be prescribed by laws and
regulations.

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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Maritime Labour Convention, 2006

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

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).

Each Member shall prohibit and penalize any kind of victimization of a sea-

farer for filing a complaint.

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

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).

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.

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.

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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Compliance and enforcement

Guideline B5.1.5 – On-board complaint procedures

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 com-
plaint 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 ex-
ternally; and

(b)

in order to help avoid problems of victimization of seafarers making complaints
about matters under this Convention, the procedures should encourage the nom-
ination of a person on board who can advise seafarers on the procedures avail-
able to them and, if requested by the complainant seafarer, also attend any meet-
ings or hearings into the subject matter of the complaint.

At a minimum the procedures discussed during the consultative process re-

ferred 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 han-
dle the matter personally;

(d)

seafarers should at all times have the right to be accompanied and to be repre-
sented 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

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.

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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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

Every foreign ship calling, in the normal course of its business or for oper-

ational 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 re-
quirements of this Convention (including seafarers’ rights) relating to the working and
living conditions of seafarers on the ship.

Each Member shall accept the maritime labour certificate and the declar-

ation 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.

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 require-
ments set out in the Articles and Regulations of this Convention and in Part A only of
the Code.

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).

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 Mem-
ber’s reports pursuant to article 22 of the Constitution.

Standard A5.2.1 – Inspections in port

Where an authorized officer, having come on board to carry out an inspec-

tion and requested, where applicable, the maritime labour certificate and the declara-
tion of maritime labour compliance, finds that:
(a)

the required documents are not produced or maintained or are falsely main-
tained 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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Compliance and enforcement

(c)

there are reasonable grounds to believe that the ship has changed flag for the pur-
pose 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 con-
ditions 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 of-
ficer has grounds to believe that any deficiencies constitute a serious breach of the re-
quirements of this Convention (including seafarers’ rights).

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.

In the case of a complaint under paragraph 1(d) of this Standard, the inspec-

tion 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.

Where, following a more detailed inspection, the working and living condi-

tions 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 defi-
ciencies 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 of-
ficer shall bring the deficiencies to the attention of the appropriate seafarers’ and ship-
owners’ 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.

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 re-
ceived 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 in-
terested in availing themselves of relevant recourse procedures.

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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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.

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.

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

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.

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.

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

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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Compliance and enforcement

Standard A5.2.2 – Onshore seafarer complaint-handling procedures

A complaint by a seafarer alleging a breach of the requirements of this Con-

vention (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.

Where appropriate, given the nature of the complaint, the initial investiga-

tion shall include consideration of whether the on-board complaint procedures pro-
vided under Regulation 5.1.5 have been explored. The authorized officer may also con-
duct a more detailed inspection in accordance with Standard A5.2.1.

The authorized officer shall, where appropriate, seek to promote a resolution

of the complaint at the ship-board level.

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 Stand-
ard A5.2.1, the provisions of that paragraph shall be applied.

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 cor-
rective plan of action.

Where the complaint has not been resolved following action taken in accord-

ance 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 com-
plaints 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 sea-
farers’ organizations, which might be interested in availing themselves of relevant re-
course procedures.

Appropriate steps shall be taken to safeguard the confidentiality of com-

plaints made by seafarers.

Guideline B5.2.2 – Onshore seafarer complaint-handling procedures

Where a complaint referred to in Standard A5.2.2 is dealt with by an author-

ized 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.

If the complaint is of a general nature, consideration should be given to under-

taking a more detailed inspection in accordance with Standard A5.2.1.

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 of-
ficer should suggest that the complainant take advantage of any such procedures avail-
able. There should be good reasons for considering a complaint before any on-board

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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.

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 oppor-
tunity to make known their views.

In the event that the flag State demonstrates, in response to the notification

by the port State in accordance with paragraph 5 of Standard A5.2.2, that it will handle
the matter, and that it has in place effective procedures for this purpose and has sub-
mitted an acceptable plan of action, the authorized officer may refrain from any fur-
ther 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

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 pro-
tection 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.

Detailed requirements for the implementation of paragraph 1 of this Regu-

lation are found in the Code.

Each Member shall establish an effective inspection and monitoring system

for enforcing its labour-supplying responsibilities under this Convention.

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 Mem-
ber’s reports pursuant to article 22 of the Constitution.

Standard A5.3 – Labour-supplying responsibilities

Each Member shall enforce the requirements of this Convention applicable

to the operation and practice of seafarer recruitment and placement services estab-
lished on its territory through a system of inspection and monitoring and legal proceed-
ings for breaches of licensing and other operational requirements provided for in
Standard A1.4.

Guideline B5.3 – Labour-supplying responsibilities

Private seafarer recruitment and placement services established in the Mem-

ber’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.

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PPENDIX

A5-I

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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PPENDIX

A5-II

Maritime Labour Certificate

(Note: This Certificate shall have a Declaration

of Maritime Labour Compliance attached)

Appendix A5-II

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

.......................................................................................................................

IMO number ...........................................................................................................................

Type of ship .............................................................................................................................

Name and address of the shipowner

...................................................................................

...................................................................................................................................................

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.

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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Appendix A5-II

This is to certify:

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.

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 sum-
marized in the Declaration of Maritime Labour Compliance, Part I.

This Certificate is valid until .................................... subject to inspections in accord-

ance 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:

Signed .................................................................

(to be completed between the second

(Signature of authorized official)

and third anniversary dates)

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 re-
quirements 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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Maritime Labour Convention, 2006

Additional inspection:

Signed .................................................................

(if required)

(Signature of authorized official)

Place ...................................................................

Date ....................................................................
(Seal or stamp of the authority,
as appropriate)

Additional inspection:

Signed .................................................................

(if required)

(Signature of authorized official)

Place ...................................................................

Date ....................................................................
(Seal or stamp of the authority,
as appropriate)

Additional inspection:

Signed .................................................................

(if required)

(Signature of authorized official)

Place ...................................................................

Date ....................................................................
(Seal or stamp of the authority,
as appropriate)

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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 fol-

lowing referenced ship:

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.

Minimum age (Regulation 1.1)

Medical certification (Regulation 1.2) ........................................................................

Qualifications of seafarers (Regulation 1.3) ..............................................................

Seafarers’ employment agreements (Regulation 2.1) ..............................................

Use of any licensed or certified or regulated private recruitment and placement
service (Regulation 1.4) ...............................................................................................

Hours of work or rest (Regulation 2.3) ......................................................................

Manning levels for the ship (Regulation 2.7) ............................................................

Accommodation (Regulation 3.1) ..............................................................................

On-board recreational facilities (Regulation 3.1) .....................................................

10.

Food and catering (Regulation 3.2) ............................................................................

11.

Health and safety and accident prevention (Regulation 4.3) ..................................

Name of ship

IMO number

Gross tonnage

16x24cmE Page 95 Monday, April 10, 2006 1:51 PM

Maritime Labour Convention, 2006

12.

On-board medical care (Regulation 4.1) ...................................................................

13.

On-board complaint procedures (Regulation 5.1.5) .................................................

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, para-

graphs 3 and 4, of the Convention, except where stated above, are noted (insert de-
scription 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: ...................................................................

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Конвенция о труде в морском судоходстве (КТМС-2006) - часть 14