CELEX: 51979PC0467
Language: en
Date: 1979-09-11
Title: Proposal for a COUNCIL REGULATION (EEC) implementing Articles XVIII and XXIII of the Convention on Future Multilateral Cooperation in the North-west Atlantic Fisheries as regards the scheme of joint international enforcement (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (79) 467
Vol. 1979/0162
 ---pagebreak--- Disclaimer
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In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
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In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                    COM(79)467 final   .
                                                    Brussels , H September 1979
                              Proposal for a
                         COUNCIL REGULATION ( EEC )
  implementing Articles XVIII and XXIII of the Convention on Future
  Multilateral Cooperation in the North-west Atlantic Fisheries as
           regards the scheme of joint international enforcement
         (submitted to the Council by the Commission )
             v
COM ( 79 ) 467 final
 ---pagebreak---                        EXPLANATORY MEMORANDUM
       This proposal for a Council Regulation is pursuant to the under
takings entered into by the Community bt virtue of its signature of
the Convention on Future Multilateral Cooperation in the North-west
Atlantic Fisheries ( NAFO Convention ).    It concerns the programme of-
mutual inspection , in force under the International Convention for
 the North-west Atlantic Fisheries    ( ICNAF ), and which , under the
 terms of the NAFO Convention , bind the Contracting Parties to the
  latter Convention .
        In order to implement  this mutual inspection programme it is
  necessary for the Community to adopt certain provisions .
 ---pagebreak---                            Proposal for a
                      COUNCIL REGULATION ( EEC )
  implementing Articles XVIII and XXIII of the Convention on Future
 Multilateral Cooperation in the North-west Atlantic Fisheries as
        regards the scheme of joint international enforcement
 THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
 Having regard to the Treaty establishing the European Economic Com­
munity , and in particular Article 43 thereof ,
 Having regard to the proposal from the Commission .
Having regard to the opinion of the European Parliament , ( 1 )
Whereas , by Council Regulation ( EEC ) N° 3179/ 78 of 28 December 1978 ( 1 )
 concerning the conclusion by the European Economic Community of the
Convention on Future Multilateral Cooperation in the North-west Atlantic
 Fisheries ( 2 ), the Community approved this Convention , hereinafter referred
to as the " NAFO Convention";
Whereas the NAFO Convention entered into force on 1 January 1979 and
whereas , in accordance with Article XXIII thereof , any pro­
posal which took effect under the International Convention of 1949
 in respect of the North-west Atlantic Fisheries ( ICNAF Convention ) at
 the time of the entry into force of the NAFO Convention is to apply
 compulsorily to the contracting parties of the latter Convention in
the " regulatory area" as defined therein ;
 Whereas that provision includes within its scope the scheme of joint
   international enforcement in force under the ICNAF Convention ;
                                                               •••/ ••
  ( 1 ) O.J. n°
  < 2) O.J. n° L 378 , 30.12.1978, p 1 .
                        i
 ---pagebreak--- Whereas the Fisheries Commission instituted under the NAFO Convention
adopted a proposal on 7 June 1979 amending the aforesaid joint enforcement ,
scheme , and whereas in pursuance of Article XI of the Convention , this
proposal will become binding upon the contracting parties with effect
from 15 August 1979 ;
Whereas it is incumbent upon the Community to publish this joint
enforcement scheme ;                                                 . • •
Whereas it is necessary to adopt rules of procedure for the purpose
of appointing the authority referred to in paragraph 1 of the joint : .
enforcement scheme /             •
HAS ADOPTED THIS REGULATION s
                               Article 1
      The mutual inspection    provided for by the NAFO Convention in
 respect of the vessels of the contracting parties fishing in the regulatory
 area defined in that Convention shall be governed by the programme
 set out in the Annex
                               Article 2
      The Commission shall appoint the authority which , in the case
 referred to in paragraph 1 of the programme set out in the Annex ,
 must be situated in the regulatory area or in a country situated
 close to that area .
                               Article 3 "
      Vessels fishing in the regulatory area must keep on board a
 register , made out in the form prescribed by the laws of the Member
 States , and must produce this to any authorized inspector carrying
 out an inspection in accordance with the programme annexed hereto .
 ---pagebreak---                                   Article 4
         This Regulation shall enter into force on the third day following
its publication in the Official Journal of the European Communities .    '
         This Regulation shall be binding in its entirety and directly
applicable in all Member States .
Done at                                             For the Council
                                                    The Pre si dent ,
 ---pagebreak---                                                                    ANNEX
                SCHEME . OF JOINT INTERNATIONAL ENFORCEMENT
1.       Control shall be earned out by inspectors of the fishery control
   services of Contracting Parties . The names of the inspectors appointed
   for that purpose by the appropriate authority of the respective Parties
   shall be notified to the- Fisheries Commission hereinafter referred to
   as the Commission . Appropriate authorities of Contracting Parties shall
   also notify the Commission of the names of the authorities designated to
   receive immediate notice of infringements and the means by which they may
   receive and respond to radio communications . Each Contracting Party which
   has , at any time , more than 15 vessels under its fisheries jurisdiction , •
   or under charter or contract to persons under Its jurisdiction , engaged
   in fishing for sea fish or in the treatment of sea fish in the Regulatory
   Area shall , during that time , have an inspector or other designated autho­
   rity present in the Regulatory Area , or other designated authority present
   in a country of a Contracting Party adjacent to the Convention Area , to
   receive and respond , without delay , to notice of apparent infringements .
2.       Vessels and helicopters carrying inspectors shall display a special
   flag or pennant approved by the Commission to indicate that the inspector
   is carrying out international inspection duties . The names of the vessels
   which may be either special inspection vessels or fishing vessels and the
    identity of the helicopters so used for the time being , shall be notified
   to the Commission .
3.        Each inspector shall carry a document of identity supplied by the
   appropriate authorities of the Contracting Party in a form approved by the;
   Commission and given him on appointment stating that he has the authority J
   to act under the Scheme approved by the Commission . The document shall be
   produced by the inspector upon boarding a vessel under this Scheme .
4.        ( i ) Inspection and control under this Scheme shall apply to the
                 following types of vessels in relation to the following opera­
                 tions only when they are carried out in that part of the Regu­
                 latory Area to which this Scheme applies :
                 < a ) fishing vessels which are or have been engaged during their
                       present voyage in fishing operations ;
                 ( b ) vessels equiped for processing fish on board which are or
                       have been engaged during their present voyage in fish
                       transferring operations ; and
                 < c ) transport vessels which are actually engaged in fish trans­
                       ferring operations .
        ( ii ) The master of a vessel to which inspection and control apply
                 shall facilitate boarding when given the appropriate signal
                 in the International Code of Signals by a vessel or a helicopter
                 carrying an inspector . The vessel to be boarded shall not be
                 required to stop or manoeuvre when fishing , shooting , or hauling .
                 The master shall nonetheless provide :
                                                                       »•• / • •
 ---pagebreak---            ( a ) a boarding ladder constructed and used as described in Annex C
                  to this Scheme ; or
           ( b ) such assistance to boardings from helicopters as specified in
                  Annex A to this Scheme .
           In either case , the master shall observe the ordinary practice of
           good seamanship to enable an inspection party to board as soon as
           practicable . With respect to personnel helicopter hoist transfers ,
           in certain circumstances such as those cited in paragraph 7 of
           Annex A , a boarding , using the helicopter hoist transfer procedure ,
           will not be attempted .
( iii ) The procedures established for personnel helicopter hoist transfers
           are not intended to place a higher duty of care upon the master of
           a fishing vessel than would otherwise be the case under International
           Law .
  ( iv ) An inspection party will consist of one inspector in charge of making
           the inspection, who may be accompanied by additional inspectors appointed
          under this Scheme and not more than two witnesses . The word " inspector "
           hereafter refers only to the inspector in charge unless it is clear
          that all inspectors appointed under this Scheme and included in the
           inspection party are referred to .
    < v > The master shall enable the inspector to examine and photograph catch ,
          nets , or other gear and any relevant documents as the inspector deems
          necessary to verify the observance of the Commission 's regulations in
           force in relation to the vessel concerned .
  ( vi ) The vessel in charge of a pair trawling operation shall be required
          to identify itself by flying a pennant or flag on the approach of
           an inspector .
( vii ) Contracting Parties shall be required to inform the Executive Secretary
           when an inspection vessel of that Contracting Party ( 1 ) is in the Regu­
           latory Area .
    Ci ) Inspections shall be made so that the vessel suffers the minimum
           interference and inconvenience . The inspector shall limit his inqui­
           ries to the ascertainment of the facts in relation to the observance
           of the Commission 's regulations in force in relation to the vessel
           concerned . In making his examination , the inspector may ask the
           master for any assistance he may require . He shall draw up a report
           of the inspection on a form approved by the Commission . The inspector
            shall sign the report in the presence of the master who shall be
           entitled to add or have added to the report any observations which
            he may think suitable . The master must sign such observations , and
            he must sign the report without prejudice to future proceedings .
            A copy of fhe report shall be given to the master of the vessel and
            the original shall be transmitted , within 30 days whenever possible ,
            to an appropriate authority of the Contracting Party exercising fishe-
         . ries jurisdiction over the inspected vessel . A copy shall be forwarded
            to the Commission .
                                                                        ■••/••
            ( 1 ) In the case of the European Economic Community the term " inspection
                  vessel of that Contracting Party" shall mean an inspection vessel
                  of one of the Member States of the European Economic Community .
 ---pagebreak---                                        - 3 -
  ( ii ) Inspectors shall have authority to inspect all fishing gear on or
           near the working deck and readily available for use , and the catch
           on and below decks . Fishing gear shall be inspected in accordance
           with the regulations in force for the Subarea in which the inspec­
           tion takes place .      The number of undersized meshes and the width
           of each mesh in the nets examined shall be entered in the inspector 's
           report together with the average width of the meshes examined .
( iii ) The inspector shall have authority , subject to any limitations by the
           Commission , to carry out such examination and measurement of the catch
           as he deems necessary to establish whether the Commission 's regula­
           tions are being complied with .
  ( iv ) Where an apparent infringement of the regulations is observed , the
           inspector shall examine the bridge log , fishing log , or other per­
           tinent documents which contain information relevant to the apparent
            infringement . The inspector shall enter a notation in the fishing
            logbook or other relevant document stating the date , location , and
           type of apparent infringement observed and shall sign such notations .
           The inspector may make a true copy of any relevant entry in such a
           document , and shall require the master of the vessel to certify
            in writing on each page of the copy that it is a true copy of such
           entry . The inspector shall have full opportunity to document evidence
           of the apparent infringement with photographs of the relevant fishing
           vessel , gear , catch , and logs or other documents , in which case copies
           of the photographs shall be attached to the copy of the report to the
            Contracting Party .
     < v ) Where an inspecting officer observes an apparent infringement of the
            regulations prohibiting :
            ,( a > fishing in a closed area or with gear prohibited in a specific area ;
            ( b ) fishing for stocks or species in a region after the date on which
                   the Contracting Party exercising fisheries jurisdiction over the
                   inspected vessel has notified the Executive Secretary that vessels
                   under its fisheries jurisdiction will cease a directed fishing for
                   those stocks or species ;
             ( c ) fishing in an " Others " quota without prior notification to the
                   NAFO Secretariat , or more than 10 days after the " Others " quota
                   for that stock or species has been taken and Contracting Parties
                   have been so informed by the Executive Secretariat ; and
             ( d ) fishing without proper . flag State registration documents for the
                   area wrrere the vessel is touna fishing ;
            the inspector shall , with a view toward facilitating Contracting
             Party action on the apparent infringement , immediately attempt to
            communicate with an inspector of the inspected vessel 's flag state
            known to be in the vicinity , or the authority designated in accordance
             with paragraph 1 above by the Contracting Party exercising fisheries
           jurisdiction over the inspected vessel . The master of the inspected
           vessel shall arrange for messages to be sent and received by using his
            radio equipment and operator for this purpose . At the request of
            the inspector , a master shall cease all fishing which appears to
            the inspector to be in contravention of regulations cited above .
                                                                        •• •/••
 ---pagebreak---           During this time , the inspector shall complete the inspection and ,
          if he is unable to communicate with an inspector or designated
         authority of the Contracting Party exercising fisheries jurisdiction
         over the inspected vessel within a reasonable period of time , he
         shall leave the inspected vessel and communicate as soon as possible
      *  with an inspector or designated authority of the Contracting Party
         exercising fisheries jurisdiction over the inspected vessel . However ,,
         if he succeeds in establishing communications while on board the
         inspected vessel , and provided that the inspector or designated
         authority of the Contracting Party exercising fisheries jurisdiction
         over the inspected vessel agrees , the inspector may remain aboard .
         So long as the inspector remains aboard , the master may not resume
         fishing until the inspector is reasonably satisfied either with the
         action taken by the vessel 's master , or as a° result of his communi­
         cation with an inspector or designated authority of the Contracting
         Party exercising fisheries jurisdiction over the inspected vessel , that
         the vessel will not repeat the apparent infringement for which it
         has been cited .
  ( vi ) The inspector may request that the master remove any part of the
         fishing gear which appears to the inspector to have been used in
         contravention of the Commission 's regulations in force in relation
         to the vessel concerned . An identification mark approved by the
         Commission shall be affixed to any part of the fishing gear which
         appears to the inspector to have been so used , whether removed or
         not , and the inspector shall record these facts on his report . The
         mark shall be so affixed as to ensure that this part of the gear
         will be preservedt with the mark attached , and it shall be so preserved
         until it has been viewed by an inspector or designated authority of the
         Contracting Party exercising fisheries jurisdiction over the inspected
         vessel* who shall determine the subsequent disposition of the gear .
( vii ) The inspector may photograph the fishing gear in such a way that
         the identification mark and measurements of the fishing gear are
         visible , in which case the subjects photographed should be listed
         in the report and copies of the, photographs should be attached
         to the copy of the report to the Contracting Party exercising
         fisheries jurisdiction over the inspected vessel .
     Appropriate authorities of a Contracting Party notified of an apparent
infringement committed by a vessel over which it exercises fisheries jurisdic­
tion       shall take prompt action to receive and consider the evidence of
the alleged infringement , conduct any further investigation necessary
for disposition of the alleged infringement , and whenever possible , board
the vessel involved . Appropriate authorities of the Contracting Party
exercising fisheries jurisdiction over the vessels concerned shall cooperate
fully with appropriate authorities of the Contracting Party having desig­
nated the inspector to ensure that the evidence of the alleged infringe­
ments is prepared and preserved in a form which will facilitate judicial
action on it .
 ---pagebreak---     An inspector observing a failure cif a vessel to enable an inspection
party to board after being properly signalled shall :
        ( i ) report the apparent infringement as soon as possible to any
                inspector of the flag state known to be in the vicinity or a
                designated authority of the Contracting Party exercising fisheries
                jurisdiction over the vessel concerned ;
      ( ii ) prepare a report giving as much information as possible , inclu­
                ding the distance from which the signal was given , the visibi­
                lity at the time , sea state , wind and icing conditions .
     Resistance to an inspector or failure to comply with his directions
shall be treated by the flag state of the vessel as if the inspector
were an inspector of that state .
     Inspectors shall carry out their duties in accordance with the rules
 set out in this Scheme , but they shall remain under the operational
 control of their national authorities and shall be responsible to them .
     Appropriate authorities of Contracting Parties shall consider and act
 on reports of inspectors of other Contracting Parties under this Scheme cn
 the same basis as reports of their own inspectors , _ The provisions of this para
 graphshall not impose any obligation on the appropriate authorities of a Con­
 tracting Party to give the report of a foreign inspector a higher evidential
 value than it would possess in the inspector 's own country . Appropriate
 authorities of Contracting Parties shall collaborate in order to facili­
 tate judicial or other proceedings arising from a report of an inspector
 under this Scheme .
          ( i ) Appropriate authorities of the Contracting Parties shall inform
                 the Commission by 1 March each year of the provisional plans
                  for participation in these arrangements in that and the follo­
                  wing year and the Commission may make suggestions to the appro­
                  priate authorities of the Contracting Parties for the coordina­
                  tion of their operations in this field including the number of
                  inspectors and the number of ships carrying inspectors .
      ( ii )      The arrangements set out in this scheme and the plans for
                  participation shall apply between Contracting Parties unless
                  otherwise agreed between them ; and such agreements shall be
              •   notified to the Commission ;
                  Provided , however , that implementation of the Scheme shall be ,
                  suspended between any two Contracting Parties for no more than
                  one year > if either of them has notified the Commission to ■
                  that effect , pending completion of an agreement . •
 ---pagebreak---      Appropriate authorities of each Contracting Party shall report to
the Commission by 1 March each year for the previous year :
     ( i ) Compilation of the inspections of the vessels over which they
           exercise fisheries jurisdiction by any authorized NAFO inspectors .
           This report shall refer specifically to each inspection by
           vessel name , date , position , and the nature of any alleged in­
           fringement .
   ( ii ) The status of disposition of each alleged infringement by a vessel
           over which they exercise fisheries jurisdiction . Each alleged
           infringement shall be listed annually until the action taken is
           final under the laws of the flag state . Any punishment imposed
           shall be described in specific terms , including the amount of
           any monetary penalty actually paid and the length of any impri­
           sonment actually served .
 ---pagebreak--- Annex A – Integral part of the NAFO Scheme of Joint International Enforcement to permit inspections by
          helicopter hoist procedure in the Regulatory Area
Instructions to masters for transfer of a NAFO inspection party by helicopter to and from fishing vessels
     The Contracting Parties shall take appropriate action to ensure that all masters of fishing vessels
under their fisheries jurisdiction engaged in fishing for sea fish or in the treatment of sea fish in the
Regulatory Area are made aware of and comply with the following instructions with regard to the transfer
of NAFO inspection parties by helicopter to and from fishing vessels :
     1.   Inspection parties authorized under the NAFO Scheme of Joint Enforcement procedures may board a
          vessel not only by sea boat , but also by helicopter . In some ice conditions this may be the only
          practical way of boarding a vessel . Masters shall be aware of this method of transferring inspect­
          ors , and shall be conversant with the information contained in these Instructions .
     2.   The captain of the helicopter shall be in charge of and shall ensure for the safety of personnel
          who are being transferred between a vessel and the helicopter during the entire time such personnel
          are attached to the helicopter via the hoist cable and the lifting device .
     3.   The master of the vessel shall follow the procedures described below to assist the helicopter :
          ( i)      Attempt to communicate by radio in some common language ;
          ( ii)     Alter course and speed if requested and if free to do so ;
          ( iii)    Maintain a steady course and speed throughout the transfer operation unless the safety
                    of the vessel is in jeopardy ;
           ( iv)    Provide a visual indication of relative wind by means of a pennant or other suitable
                    device ;
           ( v)     Clear the transfer area of objects which could be blown loose ;
           (vi)     Radio transmission shall not be made on standing wire antennae ( high frequency ) in the
                    immediate vicinity of the transfer area during the transfer . If such transmissions become
                    necessary , the helicopter shall be advised so that the transfer can be delayed ;
           (vii )   A guide line may on occasions be lowered first .     Crew members should be available to man
                    this line to assist in the transfer of the inspection party , but the inspection party ,
                    other lines and wires should not be touched by the crew of the vessel until the inspection
                    party ground them on the vessel ;
           (viii)   TAKE APPROPRIATE MEASURES TO ENSURE TO THE EXTENT PRACTICABLE THAT NONE OF THE LINES OR
                    FITTINGS LOWERED FROM THE HELICOPTER ARE ATTACHED TO OR PERMITTED TO FOUL IN THE VESSEL .
      4.   The helicopter displaying its NAFO pennant shall communicate to the vessel , by one or more of
           the following means , his intention to conduct a boarding :
            ( i)    Radio communications on 2182 KHZ , VHF-FM Channel 16 or other agreed to frequencies ;
            (ii)    Visual or aural indication of an appropriate signal extracted from the International Code
                     of Signals as included in Annex B of the NAFO International Inspection Scheme ;
            (iii)    Hover over or near the intended boarding position in conjunction with hand signals
                     indicated in paragraph 5 .
      5.   The following visual hand signals , adopted from the International Code of Signals , may be used by
            the air crew or vessel crew to permit communication as appropriate to the stage of the boarding
           operation :
            ( i)     Signal :   Pointing movement by the arm or hand
                                                                                                                 I
                     Used by :              Meanings :
                    Helicopter              Wish to conduct transfer or boarding in the indicated location
            ( ii)    Signal : ' Vertical notion with an arm or a flag , or a "Thumbs-Up" indication -
                     Used by :              Meanings :
                     Either                 Ready to conduct transfer ;  or
                    Vessel                  Desire transfer from this position ;  or
                    Helicopter              Take up the slack on the guide line ; or
                    Helicopter              Pull in gently on the guide line; or
                     Either                 Any affirmative response .
 ---pagebreak---    ( ill)  Signal ;  Horizontal motion with arm or flag , or "Thumbs-Down" Indication
           Used by :             Meanings :
           Vessel                Transfer not recommended from this position - recommend alternate
                                 (and point towards desired position) ;    or
           Either                Not ready to conduct transfer; or
           Vessel                Request you stop the transfer ; or
           Helicopter            Ease the tension on the guide line ;   or
           Helicopter            Release the guide line ; or
           Either                Any negative response .
6. A visual display of the symbol TO by the helicopter or the radio transmission of YANKEE UNIFORM
   to the fishing vessel indicates the signals in Annex B of the Scheme of Joint International Enforce­
   ment are to be used for inspection communications .
7. The following situations are representative of conditions under which a personnel helicopter hoist
   transfer will not be attempted :
   ( i)    In the opinion of the captain of the aircraft or the master of the vessel , there is inade­
           quate clear space for a transfer or there are too many obstructions ;
   ( ii)   There is significant vessel motion such that , in the opinion of the captain of the aircraft
           or the master of the vessel , a hazard exists ;
   ( Hi)   The helicopter cannot position Itself with an acceptable relative wind ;
   ( iv)   Other hazards exist which prejudice the safety of the helicopter or the vessel or of
           personnel being transferred .
 ---pagebreak--- Annex B - Integral part of the NAFO Scheme of Joint International Enforcement; to permit Inspections by
          helicopter hoist procedure in the Regulatory Area
Standard examples with meanings from the International Code of Signals and remarks pertinent to helicopter
 transfers under the NAFO Scheme of Joint Enforcement
 IMCO Signal          IMCO Meaning                                     NAFO Remarks
 SO 3                 You should stop , or heave to , I am going       The display of the NAFO pennant
                      to board you                                     Indicates the presence of an author­
                                                                        ized NAFO inspection team in the
                                                                       helicopter
MG                    You should steer course                           Course is true
 IK-RQ                Request you proceed at                KTS
 AZ                    I cannot alight but 1 can lift crew              Indication of Intentions to conduct
                                                                        helicopter hoist transfer ( used with
                                                                         BB signal)
 BB1-RQ                May I alight on your deck :   are you ready
                       to receive me forward
                                                                         Used in conjunction with signal AZ to
                       May I alight on your deck :   are you ready       indicate helicopter will not alight
                        to receive me amidships                          but will conduct a hoist transfer in
                                                                          the area indicated
  BB3-RQ                     'flight on your deck:   are you ready
                        to receive     aft
                        I wish to communicate with you by .
                        (extracts from IMCO Table 1)
                        6 ... International Code Flags
                        8 ... Radiotelephony 2182 KHZ
                        9 ... VHF Radiotelephony Channel . 16
  TX                    I wish to communicate by radiotelephony on
                        frequency indicated
  C                     YES ( affirmative)
  N                     MO (negative)                                     November Oscar by voice or radio
                                                                          transmission
  TU                    I am going to communicate with your station
                        by means of the International Code of Signals
  BT                    Helicopter is coming to you now (or at time
                        indicated)
 ---pagebreak--- ANNEX C.       Integral part of the Scheme of Joint International Enforcement
               to describe the boarding ladder and its use by vessels to which
               inspection and control apply
  Boarding Ladders
       Fishing vessels with an overall length greater than 30 m ( 100 feet ) and
  support vessels subject to inspection under the Scheme of Joint International
  Enforcement shall comply with the following requirements .
I.    The boarding ladders shall be efficient for the purpose of enabling ins­
      pectors to embark and disembark at sea safely . The boarding ladders are
      to be kept clean and in good order .
II .  The ladder shall be secured in a position so that it is clear from any
      possible discharges from the ship , that each step rests firmly against
      the ship 's side , that it is clear so far as practicable of the finer
      lines of the ship and that the inspector can gain safe and convenient
      access to the ship .
III . The steps of the boarding ladder shall be :
      ( a ) of hardwood or other material of equivalent properties , made in one
             piece free of knots , having an efficient non-slip surface ; the four
             lowest steps may be made of rubber of sufficient strength and stiff­
           . ness or of other suitable material of equivalent characteristics ;
      ( b ) not less than 480 mm ( 19 inches ) long , 115 mm ( 4-1 / 2 inches ) wide ,
             and 25 mm (1 inch ) in depth , excluding any non-slip device ; and
      ( c ) equally spaced not l§ss than 300 mm ( 12 inches ) nor more than 380 mm
             ( 15 inches ) apart and may be secured in a manner that they will remain
             horizontal .
IV .  No boarding ladder shall have more than two replacement steps which
      are secured in position by a method different from that used in the
      original construction of the ladder and any steps so secured shall
      be replaced , as soon as reasonably practicable , by steps secured in
      position by the method used in the original construction of the ladder .
  V.   The side ropes of the ladder shall consist of two uncovered manila or
       equivalent ropes not less than 60 mm ( 2-1 / 2 inches ) in circumference on
       each side ; each rope shall be continuous with no joints below the top
       step ; two man-ropes properly secured to the ship and not less than
       65 mm ( 2-1 / 2 inches ) in circumference and a safety line shall be kept
       at hand ready for use if required .
 VI .  Bittens made of hardwood , or other material of equivalent properties , in
       one piece and not less than 1.80 m (5 feet 10 inches ) long , shall be pro­
       vided at such intervals as will prevent the boarding ladder from twisting .
       The lowest batten shall be on the fifth step from the bottom of the ladder
       and the interval between any batten and the next shall not exceed 9 steps .
 ---pagebreak--- ANNEX C ,                             2
 VII . Means shall be provided to ensure safe and convenient passage onto or
       into and off the ship between the head of the pilot ladder or of any
       accomodation ladder or other appliance provided . Where such passage
       is by means of a gateway in the rails or bulwark , adequate handholds
       shall be provided . Where such passage is by means of a bulwark ladder ,
       such ladder shall be securely attached to the bulwark rail or platform
       and two handhold stanchions shall be fitted at the point of boarding or
       leaving the ship not less than 0.70 m (2 -feet 3 inches ) nor more than
       0.80 m (2 feet 7 inches ) apart . Each stanchion shall be rigidly secured
       to the ship 's structure at or near its base and also at a higher point ,
       shall be not  less than 40 mm ( 1-1 / 2 inches ) in diameter and shall extend
       not less than 1.20 m (3 feet 11 inches ) above the stop of the bulwark .
VIII . Lighting shall be provided at night such that both the boarding ladder
       overside and also the position where the inspector boards the ship shall
       be adequatly lit . A lifebuoy equipped with a self-igniting light shall
       be kept at hand ready for use . A heaving line shall be kept at hand
       ready for use if required .
 IX .  Means shall be provided to enable the boarding ladder to be used on either
        side of the ship .
  X.   The rigging of the ladder and the embarkation and disembarkation of an
        inspector shall be supervised by a responsible officer of the ship .
  XI . Where on any ship constructional features such as rubbing bands would
       prevent the implementation of any of these provisions , special arrange­
       ments shall be made to the satisfaction of the Commission to ensure that
       persons are able to embark and disembark safely .