Einde inhoudsopgave
Maritime Labour Convention, 2006
Appendix B5-I Example of a national declaration
Geldend
Geldend vanaf 20-08-2013
- Bronpublicatie:
23-02-2006, Trb. 2007, 93 (uitgifte: 09-05-2007, kamerstukken/regelingnummer: -)
- Inwerkingtreding
20-08-2013
- Bronpublicatie inwerkingtreding:
02-08-2013, Trb. 2013, 126 (uitgifte: 02-08-2013, kamerstukken/regelingnummer: -)
- Overige regelgevende instantie(s)
International Labour Organization
- Vakgebied(en)
Internationaal publiekrecht / Mensenrechten
Arbeidsrecht / Algemeen
Vervoersrecht / Zeevervoer
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.
1
Minimum age (Regulation 1.1)
Shipping Law, No. 123 of 1905, as amended (‘Law’), Chapter X; Shipping Regulations (‘Regulations’), 2006, Rules 1111–1222.
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’.
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
…
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) |
1
Minimum age (Regulation 1.1)
Date of birth of each seafarer is noted against hislher 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 I, 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 seafarer's signature under ‘received and read’, and the date of signature, is kept by the competent officer.
2. Medical certification (Regulation 1.2)X
The medical certificates are kept in strict confidence by the competent officer, together 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 particular function or functions, the competent officer consults the seafarer's doctor or another qualified practitioner and records a summary of the practitioner's conclusions, as well as the practitioner's name and telephone number and the date of the consultation.
…
The foregoing is the authentic text of the Convention duly adopted by the General Conference of the International Labour Organization during its Ninety-fourth Session which was held at Geneva and declared closed the 23 February 2006.
IN FAITH WHEREOF we have appended our signatures this twenty-third day of February 2006.