Maritime Labour Convention, 2006:Regulation 5.1.2 — Authorization of recognized organizations

Maritime Labour Convention, 2006

Regulation 5.1.2 — Authorization of recognized organizations

Geldend

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1

The public institutions or other organizations referred to in paragraph 3 of Regulation 5.1.1 ( recognized organizations ) shall have been recognized by the competent authority as meeting the requirements in the Code regarding competency and independence. The inspection or certification functions which the recognized organizations 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.

2

The reports referred to in paragraph 5 of Regulation 5.1.1 shall contain information regarding any recognized organization, the extent of authorizations given and the arrangements made by the Member to ensure that the authorized activities are carried out completely and effectively.

Standard A5.1.2 — Authorization of recognized organizations

1

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 conferred on it, that the organization:

a)

has the necessary expertise in the relevant aspects of this Convention and an appropriate knowledge of ship operations, including the minimum requirements for seafarers to work on a ship, conditions of employment, accommodation, recreational 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.

2

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.

3

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.

4

Each Member shall provide the International Labour Office with a current list of any recognized organizations authorized to act on its behalf and it shall keep this list up to date. The list shall specify the functions that the recognized organizations have been authorized to carry out. The Office shall make the list publicly available.

Guideline B5.1.2 — Authorization of recognized organizations

1

The organization seeking recognition should demonstrate the technical, administrative and managerial competence and capacity to ensure the provision of timely service of satisfactory quality.

2

In evaluating the capability of an organization, the competent authority should determine whether the organization:

a)

has adequate technical, managerial and support staff;

b)

has sufficient qualified professional staff to provide the required service, representing an adequate geographical coverage;

c)

has proven ability to provide a timely service of satisfactory quality; and

d)

is independent and accountable in its operations.

3

The competent authority should conclude a written agreement with any organization that it recognizes for purposes of an authorization. The agreement should include the following elements:

a)

scope of application;

b)

purpose;

c)

general conditions;

d)

the execution of functions under authorization;

e)

legal basis of the functions under authorization;

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.

4

Each Member should require the recognized organizations to develop a system for qualification of staff employed by them as inspectors to ensure the timely updating of their knowledge and expertise.

5

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

6

In establishing the oversight procedures referred to in Standard A5.1.2, paragraph 3b), each Member should take into account the Guidelines for the Authorization of Organizations Acting on Behalf of the Administration, adopted in the framework of the International Maritime Organization.

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