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Art.1 |
Article I |
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Art.1.1 |
(1) The Parties undertake to give effect to the provisions of the Convention and the Annex thereto, which shall constitute an integral part of the Convention. Every reference to the Convention constitutes at the same time a reference to the Annex. |
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Art.1.2 |
(2) The Parties undertake to promulgate all laws, decrees, orders and regulations and to take all other steps which may be necessary to give the Convention full and complete effect, so as to ensure that, from the point of view of safety of life and property at sea and the protection of the marine environment, seafarers on board ships are qualified and fit for their duties. |
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Art.3 |
Article III |
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Art.3.1x |
The Convention shall apply to seafarers serving on board sea-going ships entitled to fly the flag of a Party except to those serving on board: |
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Art.3.1x.a |
(a) warships, naval auxiliaries or other ships owned or operated by a State and engaged only on governmental non-commercial service; however, each Party shall ensure by the adoption of appropriate measures not impairing the operations or operational capabilities of such ships owned or operated by it, that the persons serving on board such ships meet the requirements of the Convention so far as is reasonable and practicable; |
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Art.3.1x.b |
(b) fishing vessels; |
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Art.3.1x.c |
(c) pleasure yachts not engaged in trade; or |
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Art.3.1x.d |
(d) wooden ships of primitive build. |
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Art.5 |
Article V |
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Art.5.1 |
(1) All prior treaties, conventions and arrangements relating to standards of training, certification and watchkeeping for seafarers in force between the Parties, shall continue to have full and complete effect during the terms thereof as regards: |
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Art.5.1.a |
(a) seafarers to whom this Convention does not apply; |
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Art.5.1.b |
(b) seafarers to whom this Convention applies, in respect of matters for which it has not expressly provided. |
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Art.5.2 |
(2) To the extent, however, that such treaties, conventions or arrangements conflict with the provisions of the Convention, the Parties shall review their commitments under such treaties, conventions and arrangements with a view to ensuring that there is no conflict between these commitments and their obligations under the Convention. |
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Art.5.3 |
(3) All matters which are not expressly provided for in the Convention remain subject to the legislation of Parties. |
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Art.5.4 |
(4) Nothing in the Convention shall prejudice the codification and development of the law of the sea by the United Nations Conference on the Law of the Sea convened pursuant to resolution 2750C(XXV) of the General Assembly of the United Nations, nor the present or future claims and legal views of any State concerning the law of the sea and the nature and extent of coastal and flag State jurisdiction. |
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Art.10 |
Article X |
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Art.10.1 |
(1) Ships, except those excluded by Article III, are subject, while in the ports of a Party, to control by officers duly authorized by that Party to verify that all seafarers serving on board who are required to be certificated by the Convention are so certificated or hold an appropriate dispensation. Such certificates shall be accepted unless there are clear grounds for believing that a certificate has been fraudulently obtained or that the holder of a certificate is not the person to whom that certificate was originally issued. |
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Art.10.2 |
(2) In the event that any deficiencies are found under paragraph (1) or under the procedures specified in Regulation I/4 - "Control Procedures", the officer carrying out the control shall forthwith inform, in writing, the master of the ship and the Consul or, in his absence, the nearest diplomatic representative or the maritime authority of the State whose flag the ship is entitled to fly, so that appropriate action may be taken. Such notification shall specify the details of the deficiencies found and the grounds on which the Party determines that these deficiencies pose a danger to persons, property or the environment. |
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Art.10.3 |
(3) In exercising the control under paragraph (1) if, taking into account the size and type of the ship and the length and nature of the voyage, the deficiencies referred to in paragraph (3) of Regulation I/4 are not corrected and it is determined that this fact poses a danger to persons, property or the environment, the Party carrying out the control shall take steps to ensure that the ship will not sail unless and until these requirements are met to the extent that the danger has been removed. The facts concerning the action taken shall be reported promptly to the Secretary-General. |
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Art.10.4 |
(4) When exercising control under this Article, all possible efforts shall be made to avoid a ship being unduly detained or delayed. If a ship is so detained or delayed it shall be entitled to compensation for any loss or damage resulting therefrom. |
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Art.10.5 |
(5) This Article shall be applied as may be necessary to ensure that no more favourable treatment is given to ships entitled to fly the flag of a non-Party than is given to ships entitled to fly the flag of a Party. |
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Art.11 |
Article XI |
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Art.11.1 |
(1) Parties to the Convention shall promote, in consultation with, and with the assistance of, the Organization, support for those Parties which request technical assistance for: |
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Art.11.1.a |
(a) training of administrative and technical personnel; |
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Art.11.1.b |
(b) establishment of institutions for the training of seafarers; |
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Art.11.1.c |
(c) supply of equipment and facilities for training institutions; |
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Art.11.1.d |
(d) development of adequate training programmes, including practical training on sea-going ships; and |
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Art.11.1.e |
(e) facilitation of other measures and arrangements to enhance the qualifications of seafarers; |
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Art.11.1.fx |
preferably on a national, sub-regional or regional basis, to further the aims and purposes of the Convention, taking into account the special needs of developing countries in this regard. |
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Art.11.2 |
(2) On its part, the Organization shall pursue the aforesaid efforts, as appropriate, in consultation or association with other international organizations, particularly the International Labour Organisation. |
