yakdoli/chandra-27b-ocr-v1 huggingface dataset:
제18425호                               관              보                  2015. 1. 8.(목요일)
7.       An interim maritime labour certificate may only be issued following verification that:
         (a) the ship has been inspected, as far as reasonable and practicable, for the matters
         listed in Appendix A5-I, taking into account verification of items under subparagraphs (b),
         (c) and (d) of this paragraph;
         (b) the shipowner has demonstrated to the competent authority or recognized
         organization that the ship has adequate procedures to comply with this Convention;
         (c) the master is familiar with the requirements of this Convention and the
         responsibilities for implementation; and
         (d) relevant information has been submitted to the competent authority or recognized
         organization to produce a declaration of maritime labour compliance.
8. A full inspection in accordance with paragraph 1 of this Standard shall be carried out
prior to expiry of the interim certificate to enable issue of the full-term maritime labour
certificate. No further interim certificate may be issued following the initial six months referred to
in paragraph 6 of this Standard. A declaration of maritime labour compliance need not be issued
for the period of validity of the interim certificate.
9. The maritime labour certificate, the interim maritime labour certificate and the declaration
of maritime labour compliance shall be drawn up in the form corresponding to the models given
in Appendix A5-II.
10. The declaration of maritime labour compliance shall be attached to the maritime labour
certificate. It shall have two parts:
         (a) Part I shall be drawn up by the competent authority which shall: (i) identify the
         list of matters to be inspected in accordance with paragraph 1 of this Standard; (ii)
         identify the national requirements embodying the relevant provisions of this Convention by
         providing a reference to the relevant national legal provisions as well as, to the extent
         necessary, concise information on the main content of the national requirements; (iii) refer
         to ship-type specific requirements under national legislation; (iv) record any substantially
         equivalent provisions adopted pursuant to paragraph 3 of Article VI; and (v) clearly
         indicate any exemption granted by the competent authority as provided in Title 3; and
         (b) Part II shall be drawn up by the shipowner and shall identify the measures
         adopted to ensure ongoing compliance with the national requirements between inspections
         and the measures proposed to ensure that there is continuous improvement.
The competent authority or recognized organization duly authorized for this purpose shall certify
Part II and shall issue the declaration of maritime labour compliance.
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제18425호                                관             보                  2015. 1. 8.(목요일)
11. The results of all subsequent inspections or other verifications carried out with respect to
the ship concerned and any significant deficiencies found during any such verification shall be
recorded, together with the date when the deficiencies were found to have been remedied. This
record, accompanied by an English-language translation where it is not in English, shall, in
accordance with national laws or regulations, be inscribed upon or appended to the declaration of
maritime labour compliance or made available in some other way to seafarers, flag State
inspectors, authorized officers in port States and shipowners’ and seafarers’ representatives.
12. A current valid maritime labour certificate and declaration of maritime labour compliance,
accompanied by an English-language translation where it is not in English, shall be carried on
the ship and a copy shall be posted in a conspicuous place on board where it is available to the
seafarers. A copy shall be made available in accordance with national laws and regulations, upon
request, to seafarers, flag State inspectors, authorized officers in port States, and shipowners’ and
seafarers’ representatives.
13. The requirement for an English-language translation in paragraphs 11 and 12 of this
Standard does not apply in the case of a ship not engaged in an international voyage.
14. A certificate issued under paragraph 1 or 5 of this Standard shall cease to be valid in
any of the following cases:
         (a) if the relevant inspections are not completed within the periods specified under
         paragraph 2 of this Standard;
         (b) if the certificate is not endorsed in accordance with paragraph 2 of this Standard;
         © when a ship changes flag;
         (d) when a shipowner ceases to assume the responsibility for the operation of a ship;
         and
         (d) when substantial changes have been made to the structure or equipment covered
         in Title 3.
15. In the case referred to in paragraph 14(c), (d) or (d) of this Standard, a new certificate
shall only be issued when the competent authority or recognized organization issuing the new
certificate is fully satisfied that the ship is in compliance with the requirements of this Standard.
16. A maritime labour certificate shall be withdrawn by the competent authority or the
recognized organization duly authorized for this purpose by the flag State, if there is evidence
that the ship concerned does not comply with the requirements of this Convention and any
required corrective action has not been taken.
17. When considering whether a maritime labour certificate should be withdrawn in
accordance with paragraph 16 of this Standard, the competent authority orthe recognized
organization shall take into account the seriousness or the frequency of the deficiencies.
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제18425호                               관              보                 2015. 1. 8.(목요일)
                          Regulation 5.1.4 - Inspection and enforcement
1. Each Member shall verify, through an effective and coordinated system of regular
inspections, monitoring and other control measures, that ships that fly its flag comply with the
requirements of this Convention as implemented in national laws and regulations.
2. Detailed requirements regarding the inspection and enforcement system referred to in
paragraph 1 of this Regulation are set out in Part A of the Code.
                          Standard A5.1.4 - Inspection and enforcement
1. Each Member shall maintain a system of inspection of the conditions for seafarers on
ships that fly its flag which shall include verification that the measures relating to working and
living conditions as set out in the declaration of maritime labour compliance, where applicable, are
being followed, and that the requirements of this Convention are met.
2. The competent authority shall appoint a sufficient number of qualified inspectors to fulfil
its responsibilities under paragraph 1 of this Standard. Where recognized organizations have been
authorized to carry out inspections, the Member shall require that personnel carrying out the
inspection are qualified to undertake these duties and shall provide them with the necessary legal
authority to perform their duties.
3. Adequate provision shall be made to ensure that the inspectors have the training,
competence, terms of reference, powers, status and independence necessary or desirable so as to
enable them to carry out the verification and ensure the compliance referred to in paragraph 1 of
this Standard.
4. Inspections shall take place at the intervals required by Standard A5.1.3, where applicable.
The interval shall in no case exceed three years.
5. If a Member receives a complaint which it does not consider manifestly unfounded or
obtains evidence that a ship that flies its flag does not conform to the requirements of this
Convention or that there are serious deficiencies in the implementation of the measures set out in
the declaration of maritime labour compliance, the Member shall take the steps necessary to
investigate the matter and ensure that action is taken to remedy any deficiencies found.
6. Adequate rules shall be provided and effectively enforced by each Member in order to
guarantee that inspectors have the status and conditions of service to ensure that they are
independent of changes of government and of improper external influences.
7. Inspectors, issued with clear guidelines as to the tasks to be performed and provided with
proper credentials, shall be empowered:
        (a) to board a ship that flies the Member’s flag;
        (b) to carry out any examination, test or inquiry which they may consider necessary
        in order to satisfy themselves that the standards are being strictly observed; and
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제18425호                                관              보                  2015. 1. 8.(목요일)
         (c) to require that any deficiency is remedied and, where they have grounds to believe
         that deficiencies constitute a serious breach of the requirements of this Convention
         (including seafarers’ rights), or represent a significant danger to seafarers’ safety, health
         or security, to prohibit a ship from leaving port until necessary actions are taken.
8. Any action taken pursuant to paragraph 7(c) of this Standard shall be subject to any
right of appeal to a judicial or administrative authority.
9. Inspectors shall have the discretion to give advice instead of instituting or recommending
proceedings when there is no clear breach of the requirements of this Convention that endangers
the safety, health or security of the seafarers concerned and where there is no prior history of
similar breaches.
10. Inspectors shall treat as confidential the source of any grievance or complaint alleging a
danger or deficiency in relation to seafarers’ working and living conditions or a violation of laws
and regulations and give no intimation to the shipowner, the shipowner’s representative or the
operator of the ship that an inspection was made as a consequence of such a grievance or
complaint.
11. Inspectors shall not be entrusted with duties which might, because of their number or
nature, interfere with effective inspection or prejudice in any way their authority
or impartiality in their relations with shipowners, seafarers or other interested parties. In
particular, inspectors shall:
         (a) be prohibited from having any direct or indirect interest in any operation which
         they are called upon to inspect; and
         (b) subject to appropriate sanctions or disciplinary measures, not reveal, even after
         leaving service, any commercial secrets or confidential working processes or information
         of a personal nature which may come to their knowledge in the course of their duties.
12. Inspectors shall submit a report of each inspection to the competent authority. One copy
of the report in English or in the working language of the ship shall be furnished to the master
of the ship and another copy shall be posted on the ship’s notice board for the information of the
seafarers and, upon request, sent to their representatives.
13. The competent authority of each Member shall maintain records of inspections 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.
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제18425호                               관             보                  2015. 1. 8.(목요일)
5. 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 seafarers’ working and living conditions and of
the English language.
6. Measures should be taken to provide inspectors with appropriate further training during
their employment.
7. 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.
8. 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
        requirements under laws and regulations, in the presence of any witness that the person
        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,
        drinking 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 affecting
         seafarers in such cases and in such manner as may be prescribed by laws and
         regulations.
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제18425호                               관             보                 2015. 1. 8.(목요일)
9. 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.
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
1. Each Member shall require that ships that fly its flag have on-board procedures for the
fair, effective and expeditious handling of seafarer complaints alleging breaches of the
requirements of this Convention (including seafarers’ rights).
2. Each Member shall prohibit and penalize any kind of victimization of a seafarer for filing
a complaint.
3. The provisions in this Regulation and related sections of the Code are without 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
1. 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 seafarers to lodge complaints
relating to any matter that is alleged to constitute a breach of the requirements of this
Convention (including seafarers’ rights).
2. 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.
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제18425호                               관              보                 2015. 1. 8.(목요일)
3. 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 “victimization” 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.
4. 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.
                         Guideline B5.1.5 - On-board complaint procedures
1. 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
         complaint 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 externally; and
         (b) in order to help avoid problems of victimization of seafarers making complaints
         about matters under this Convention, the procedures should encourage the nomination of a
         person on board who can advise seafarers on the procedures available to them and, if
         requested by the complainant seafarer, also attend any meetings or hearings into the
         subject matter of the complaint.
2. At a minimum the procedures discussed during the consultative process referred 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 handle the
         matter personally;
         (d) seafarers should at all times have the right to be accompanied and to be
         represented by another seafarer of their choice on board the ship concerned;
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제18425호                                관              보                  2015. 1. 8.(목요일)
         (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
1. 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.
2. 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)
                                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
1. Every foreign ship calling, in the normal course of its business or for operational 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 requirements of this Convention
(including seafarers’ rights) relating to the working and living conditions of seafarers on the ship.
2. Each Member shall accept the maritime labour certificate and the declaration 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.
3. 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 requirements set out in the Articles and
Regulations of this Convention and in Part A only of the Code.
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