yakdoli/chandra-27b-ocr-v1 huggingface dataset:
제18425호                               관             보                  2015. 1. 8.(목요일)
                          Guideline B4.4.6 – Seafarers in a foreign port
1. For the protection of seafarers in foreign ports, measures should be taken to facilitate:
        (a) access to consuls of their State of nationality or State of residence; and
        (b) effective cooperation between consuls and the local or national authorities.
2. Seafarers who are detained in a foreign port should be dealt with promptly under due
process of law and with appropriate consular protection.
3. Whenever a seafarer is detained for any reason in the territory of a Member, the
competent authority should, if the seafarer so requests, immediately inform the flag State and the
State of nationality of the seafarer. The competent authority should promptly inform the seafarer
of the right to make such a request. The State of nationality of the seafarer should promptly
notify the seafarer’s next of kin. The competent authority should allow consular officers of these
States immediate access to the seafarer and regular visits thereafter so long as the seafarer is
detained.
4. Each Member should take measures, whenever necessary, to ensure the safety of
seafarers from aggression and other unlawful acts while ships are in their territorial waters and
especially in approaches to ports.
5. Every effort should be made by those responsible in port and on board a ship to facilitate
shore leave for seafarers as soon as possible after a ship’s arrival in port.
                                   Regulation 4.5 - Social security
Purpose: To ensure that measures are taken with a view to providing seafarers with
          access to social security protection
1. Each Member shall ensure that all seafarers and, to the extent provided for in its national
law, their dependants have access to social security protection in accordance with the Code
without prejudice however to any more favourable conditions referred to in paragraph 8 of article
19 of the Constitution.
2. Each Member undertakes to take steps, according to its national circumstances,
individually and through international cooperation, to achieve progressively comprehensive social
security protection for seafarers.
3. Each Member shall ensure that seafarers who are subject to its social security legislation,
and, to the extent provided for in its national law, their dependants, are entitled to benefit from
social security protection no less favourable than that enjoyed by shoreworkers.
                                   Standard A4.5 - Social security
1. The branches to be considered with a view to achieving progressively comprehensive
social security protection under Regulation 4.5 are: medical care, sickness benefit, unemployment
benefit, old-age benefit, employment injury benefit, family benefit, maternity benefit, invalidity
benefit and survivors’ benefit, complementing the protection provided for under Regulations 4.1, on
medical care, and 4.2, on shipowners’ liability, and under other titles of this Convention.
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제18425호                               관              보                 2015. 1. 8.(목요일)
2. At the time of ratification, the protection to be provided by each Member in accordance
with Regulation 4.5, paragraph 1, shall include at least three of the nine branches listed in
paragraph 1 of this Standard.
3. Each Member shall take steps according to its national circumstances to provide the
complementary social security protection referred to in paragraph 1 of this Standard to all
seafarers ordinarily resident in its territory. This responsibility could be satisfied, for example,
through appropriate bilateral or multilateral agreements or contribution-based systems. The
resulting protection shall be no less favourable than that enjoyed by shoreworkers resident in
their territory.
4. Notwithstanding the attribution of responsibilities in paragraph 3 of this Standard,
Members may determine, through bilateral and multilateral agreements and through provisions
adopted in the framework of regional economic integration organizations, other rules concerning
the social security legislation to which seafarers are subject.
5. Each Member’s responsibilities with respect to seafarers on ships that fly its flag shall
include those provided for by Regulations 4.1 and 4.2 and the related provisions of the Code, as
well as those that are inherent in its general obligations under international law.
6. Each Member shall give consideration to the various ways in which comparable benefits
will, in accordance with national law and practice, be provided to seafarers in the absence of
adequate coverage in the branches referred to in paragraph 1 of this Standard.
7. The protection under Regulation 4.5, paragraph 1, may, as appropriate, be contained in
laws or regulations, in private schemes or in collective bargaining agreements or in a combination
of these.
8. To the extent consistent with their national law and practice, Members shall cooperate,
through bilateral or multilateral agreements or other arrangements, to ensure the maintenance of
social security rights, provided through contributory or non-contributory schemes, which have
been acquired, or are in the course of acquisition, by all seafarers regardless of residence.
9. Each Member shall establish fair and effective procedures for the settlement of disputes.
10. Each Member shall at the time of ratification specify the branches for which protection is
provided in accordance with paragraph 2 of this Standard. It shall subsequently notify the
Director-General of the International Labour Office when it provides social security protection in
respect of one or more other branches stated in paragraph 1 of this Standard. The
Director-General shall maintain a register of this information and shall make it available to all
interested parties.
11. The reports to the International Labour Office pursuant to article 22 of the Constitution,
shall also include information regarding steps taken in accordance with Regulation 4.5, paragraph
2, to extend protection to other branches.
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제18425호                               관              보                 2015. 1. 8.(목요일)
                                  Guideline B4.5 - Social security
1. The protection to be provided at the time of ratification in accordance with Standard A4.5,
paragraph 2, should at least include the branches of medical care, sickness benefit and
employment injury benefit.
2. In the circumstances referred to in Standard A4.5, paragraph 6, comparable benefits may
be provided through insurance, bilateral and multilateral agreements or other effective means,
taking into consideration the provisions of relevant collective bargaining agreements. Where such
measures are adopted, seafarers covered by such measures should be advised of the means by
which the various branches of social security protection will be provided.
3. Where seafarers are subject to more than one national legislation covering social security,
the Members concerned should cooperate in order to determine by mutual agreement which
legislation is to apply, taking into account such factors as the type and level of protection under
the respective legislations which is more favourable to the seafarer concerned as well as the
seafarer’s preference.
4. The procedures to be established under Standard A4.5, paragraph 9, should be designed to
cover all disputes relevant to the claims of the seafarers concerned, irrespective of the manner in
which the coverage is provided.
5. Each Member which has national seafarers, non-national seafarers or both serving on
ships that fly its flag should provide the social security protection in the Convention as
applicable, and should periodically review the branches of social security protection in Standard
A4.5, paragraph 1, with a view to identifying any additional branches appropriate for the seafarers
concerned.
6. The seafarers’ employment agreement should identify the means by which the various
branches of social security protection will be provided to the seafarer by the shipowner as well
as any other relevant information at the disposal of the shipowner, such as statutory deductions
from the seafarers’ wages and shipowners’ contributions which may be made in accordance with
the requirements of identified authorized bodies pursuant to relevant national social security
schemes.
7. The Member whose flag the ship flies should, in effectively exercising its jurisdiction
over social matters, satisfy itself that the shipowners’ responsibilities concerning social security
protection are met, including making the required contributions to social security schemes.
                        ]TITLE 5. COMPLIANCE AND ENFORCEMENT
1. The Regulations in this Title specify each Member’s responsibility to fully implement and
enforce the principles and rights set out in the Articles of this Convention as well as the
particular obligations provided for under its Titles 1, 2, 3 and 4.
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제18425호                                관             보                  2015. 1. 8.(목요일)
2. Paragraphs 3 and 4 of Article VI, which permit the implementation of Part A of the Code
through substantially equivalent provisions, do not apply to Part A of the Code in this Title.
3. In accordance with paragraph 2 of Article VI, each Member shall implement its
responsibilities under the Regulations in the manner set out in the corresponding Standards of
Part A of the Code, giving due consideration to the corresponding Guidelines in Part B of the
Code.
4. The provisions of this Title shall be implemented bearing in mind that seafarers and
shipowners, like all other persons, are equal before the law and are entitled to the equal
protection of the law and shall not be subject to discrimination in their access to courts, tribunals
or other dispute resolution mechanisms. The provisions of this Title do not determine legal
jurisdiction or a legal venue.
                           Regulation 5.1 - Flag State responsibilities
Purpose: To ensure that each Member implements its responsibilities under this
          Convention with respect to ships that fly its flag
                               Regulation 5.1.1 - General principles
1. Each Member is responsible for ensuring implementation of its obligations under this
Convention on ships that fly its flag.
2. Each Member shall establish an effective system for the inspection and certification of
maritime labour conditions, in accordance with Regulations 5.1.3 and 5.1.4 ensuring that the
working and living conditions for seafarers on ships that fly its flag meet, and continue to meet,
the standards in this Convention.
3. In establishing an effective system for the inspection and certification of maritime labour
conditions, a Member may, where appropriate, authorize public institutions or other organizations
(including those of another Member, if the latter agrees) which it recognizes as competent and
independent to carry out inspections or to issue certificates or to do both. In all cases, the
Member shall remain fully responsible for the inspection and certification of the working and
living conditions of the seafarers concerned on ships that fly its flag.
4. A maritime labour certificate, complemented by a declaration of maritime labour
compliance, shall constitute prima facie evidence that the ship has been duly inspected by the
Member whose flag it flies and that the requirements of this Convention relating to working and
living conditions of the seafarers have been met to the extent so certified.
5. Information about the system referred to in paragraph 2 of this Regulation, including the
method used for assessing its effectiveness, shall be included in the Member’s reports to the
International Labour Office pursuant to article 22 of the Constitution.
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제18425호                                관             보                  2015. 1. 8.(목요일)
                                Standard A5.1.1 - General principles
1. Each Member shall establish clear objectives and standards covering the administration of
its inspection and certification systems, as well as adequate overall procedures for its assessment
of the extent to which those objectives and standards are being attained.
2. Each Member shall require all ships that fly its flag to have a copy of this Convention
available on board.
                    Regulation 5.1.2 - Authorization of recognized organizations
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.
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제18425호                              관              보                 2015. 1. 8.(목요일)
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.
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제18425호                               관              보                 2015. 1. 8.(목요일)
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 3(b),
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.
       Regulation 5.1.3 - Maritime labour certificate and declaration of maritime labour
                                            compliance
1. This Regulation applies to ships of:
         (a) 500 gross tonnage or over, engaged in international voyages; and
         (b) 500 gross tonnage or over, flying the flag of a Member and operating from a port,
         or between ports, in another country.
For the purpose of this Regulation, “international voyage” means a voyage from a country to a
port outside such a country.
2. This Regulation also applies to any ship that flies the flag of a Member and is not
covered by paragraph 1 of this Regulation, at the request of the shipowner to the Member
concerned.
3. Each Member shall require ships that fly its flag to carry and maintain a maritime labour
certificate certifying that the working and living conditions of seafarers on the ship, including
measures for ongoing compliance to be included in the declaration of maritime labour compliance
referred to in paragraph 4 of this Regulation, have been inspected and meet the requirements of
national laws or regulations or other measures implementing this Convention.
4. Each Member shall require ships that fly its flag to carry and maintain a declaration of
maritime labour compliance stating the national requirements implementing this Convention for the
working and living conditions for seafarers and setting out the measures adopted by the
shipowner to ensure compliance with the requirements on the ship or ships concerned.
5. The maritime labour certificate and the declaration of maritime labour compliance shall
conform to the model prescribed by the Code.
6. Where the competent authority of the Member or a recognized organization duly
authorized for this purpose has ascertained through inspection that a ship that flies the Member’s
flag meets or continues to meet the standards of this Convention, it shall issue or renew a
maritime labour certificate to that effect and maintain a publicly available record of that
certificate.
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제18425호                                관             보                  2015. 1. 8.(목요일)
7. Detailed requirements for the maritime labour certificate and the declaration of maritime
labour compliance, including a list of the matters that must be inspected and approved, are set
out in Part A of the Code.
       Standard A5.1.3 - Maritime labour certificate and declaration of maritime labour
                                               compliance
1. The maritime labour certificate shall be issued to a ship by the competent authority, or
by a recognized organization duly authorized for this purpose, for a period which shall not exceed
five years. A list of matters that must be inspected and found to meet national laws and
regulations or other measures implementing the requirements of this Convention regarding the
working and living conditions of seafarers on ships before a maritime labour certificate can be
issued is found in Appendix A5-I.
2. The validity of the maritime labour certificate shall be subject to an intermediate
inspection by the competent authority, or by a recognized organization duly authorized for this
purpose, to ensure continuing compliance with the national requirements implementing this
Convention. If only one intermediate inspection is carried out and the period of validity of the
certificate is five years, it shall take place between the second and third anniversary dates of the
certificate. Anniversary date means the day and month of each year which will correspond to the
date of expiry of the maritime labour certificate. The scope and depth of the intermediate
inspection shall be equal to an inspection for renewal of the certificate. The certificate shall be
endorsed following satisfactory intermediate inspection.
3. Notwithstanding paragraph 1 of this Standard, when the renewal inspection has been
completed within three months before the expiry of the existing maritime labour certificate, the
new maritime labour certificate shall be valid from the date of completion of the renewal
inspection for a period not exceeding five years from the date of expiry of the existing certificate.
4. When the renewal inspection is completed more than three months before the expiry date
of the existing maritime labour certificate, the new maritime labour certificate shall be valid for a
period not exceeding five years starting from the date of completion of the renewal inspection.
5. A maritime labour certificate may be issued on an interim basis:
         (a) to new ships on delivery;
         (b) when a ship changes flag; or
         (c) when a shipowner assumes responsibility for the operation of a ship which is new
         to that shipowner.
6. An interim maritime labour certificate may be issued for a period not exceeding six
months by the competent authority or a recognized organization duly authorized for this purpose.
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