Internationaal Verdrag betreffende de normen voor zeevarenden inzake opleiding, diplomering en wachtdienst, 1978
(authentiek: en)
The Parties to this Convention,
Desiring to promote safety of life and property at sea and the protection of the marine environment by establishing in common agreement international standards of training, certification and watchkeeping for seafarers,
Considering that this end may best be achieved by the conclusion of an International Convention on Standards of Training, Certification and Watchkeeping for Seafarers,
Have agreed as follows:
(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.
(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.
Article II. Definitions
For the purpose of the Convention, unless expressly provided otherwise:
(a) “Party” means a State for which the Convention has entered into force;
(b) “Administration” means the Government of the Party whose flag the ship is entitled to fly;
(c) “Certificate” means a valid document, by whatever name it may be known, issued by or under the authority of the Administration or recognized by the Administration authorizing the holder to serve as stated in this document or as authorized by national regulations;
(d) “Certificated” means properly holding a certificate;
(e) “Organization” means the Inter-Governmental Maritime Consultative Organization (IMCO);
(f) “Secretary-General” means the Secretary-General of the Organization;
(g) “Sea-going ship” means a ship other than those which navigate exclusively in inland waters or in waters within, or closely adjacent to, sheltered waters or areas where port regulations apply;
(h) “Fishing vessel” means a vessel used for catching fish, whales, seals, walrus or other living resources of the sea;
(i) “Radio Regulations” means the Radio Regulations annexed to, or regarded as being annexed to, the most recent International Telecommunication Convention which may be in force at any time.
Article III. Application
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:
(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;
(b) fishing vessels;
(c) pleasure yachts not engaged in trade; or
(d) wooden ships of primitive build.
(1)
The Parties shall communicate as soon as practicable to the Secretary-General:
(a) the text of laws, decrees, orders, regulations and instruments promulgated on the various matters within the scope of the Convention;
(b) full details, where appropriate, of contents and duration of study courses, together with their national examination and other requirements for each certificate issued in compliance with the Convention;
(c) a sufficient number of specimen certificates issued in compliance with the Convention.
(2)
The Secretary-General shall notify all Parties of the receipt of any communication under paragraph (1) (a) and, inter alia, for the purposes of Articles IX and X, shall, on request, provide them with any information communicated to him under paragraphs (1) (b) and (c).
(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:
(a) seafarers to whom this Convention does not apply;
(b) seafarers to whom this Convention applies, in respect of matters for which it has not expressly provided.
(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.
(3)
All matters which are not expressly provided for in the Convention remain subject to the legislation of Parties.
(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 2750 C(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.
(1)
Certificates for masters, officers or ratings shall be issued to those candidates who, to the satisfaction of the Administration, meet the requirements for service, age, medical fitness, training, qualification and examinations in accordance with the appropriate provisions of the Annex to the Convention.
(2)
Certificates for masters and officers, issued in compliance with this Article, shall be endorsed by the issuing Administration in the form as prescribed in Regulation I/2 of the Annex. If the language used is not English, the endorsement shall include a translation into that language.
(1)
A certificate of competency or of service in a capacity for which the Convention requires a certificate and which before entry into force of the Convention for a Party is issued in accordance with the laws of that Party or the Radio Regulations, shall be recognized as valid for service after entry into force of the Convention for that Party.
(2)
After the entry into force of the Convention for a Party, its Administration may continue to issue certificates of competency in accordance with its previous practices for a period not exceeding five years. Such certificates shall be recognized as valid for the purpose of the Convention. During this transitional period such certificates shall be issued only to seafarers who had commenced their sea service before entry into force of the Convention for that Party within the specific ship department to which those certificates relate. The Administration shall ensure that all other candidates for certification shall be examined and certificated in accordance with the Convention.
(3)
A Party may, within two years after entry into force of the Convention for that Party, issue a certificate of service to seafarers who hold neither an appropriate certificate under the Convention nor a certificate of competency issued under its laws before entry into force of the Convention for that Party but who have:
(a) served in the capacity for which they seek a certificate of service for not less than three years at sea within the last seven years preceding entry into force of the Convention for that Party;
(b) produced evidence that they have performed that service satisfactorily;
(c) satisfied the Administration as to medical fitness, including eyesight and hearing, taking into account their age at the time of application.
For the purpose of the Convention, a certificate of service issued under this paragraph shall be regarded as the equivalent of a certificate issued under the Convention.
(1)
In circumstances of exceptional necessity, Administrations, if in their opinion this does not cause danger to persons, property or the environment, may issue a dispensation permitting a specified seafarer to serve in a specified ship for a specified period not exceeding six months in a capacity, other than that of the radio officer or radiotelephone operator, except as provided by the relevant Radio Regulations, for which he does not hold the appropriate certificate, provided that the person to whom the dispensation is issued shall be adequately qualified to fill the vacant post in a safe manner, to the satisfaction of the Administration. However, dispensations shall not be granted to a master or chief engineer officer, except in circumstances of force majeure and then only for the shortest possible period.
(2)
Any dispensation granted for a post shall be granted only to a person properly certificated to fill the post immediately below. Where certification of the post below is not required by the Convention, a dispensation may be issued to a person whose qualification and experience are, in the opinion of the Administration, of a clear equivalence to the requirements for the post to be filled, provided that, if such a person holds no appropriate certificate, he shall be required to pass a test accepted by the Administration as demonstrating that such a dispensation may safely be issued. In addition, Administrations shall ensure that the post in question is filled by the holder of an appropriate certificate as soon as possible.
(3)
Parties shall, as soon as possible after 1 January of each year, send a report to the Secretary-General giving information of the total number of dispensations in respect of each capacity for wich a certificate is required that have been issued during the year to sea-going ships, together with information as to the numbers of those ships above and below 1600 gross register tons respectively.
(1)
The Convention shall not prevent an Administration from retaining or adopting other educational and training arrangements, including those involving sea-going service and shipboard organization especially adapted to technical developments and to special types of ships and trades, provided that the level of sea-going service, knowledge and efficiency as regards navigational and technical handling of ship and cargo ensures a degree of safety at sea and has a preventive effect as regards pollution at least equivalent to the requirements of the Convention.
(2)
Details of such arrangements shall be reported as early as practicable to the Secretary-General who shall circulate such particulars to all Parties.
(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.
(2)
In the event 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 schip 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 detemines, that these deficiencies pose a danger to persons, property or the environment.
(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.
(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.
(4)
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.
(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:
(a) training of administrative and technical personnel;
(b) establishment of institutions for the training of seafarers;
(c) supply of equipment and facilities for training institutions;
(d) development of adequate training programmes, including practical training on sea-going ships; and
(e) facilitation of other measures and arrangements to enhance the qualifications of seafarers;
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.
(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.
(1)
The Convention may be amended by either of the following procedures:
(a) amendments after consideration within the Organization:
(i) any amendment proposed by a Party shall be submitted to the Secretary-General, who shall then circulate it to all Members of the Organization, all Parties and the Director-General of the International Labour Office at least six months prior to its consideration;
(ii) any amendment so proposed and circulated shall be referred to the Maritime Safety Committee of the Organization for consideration;
(iii) Parties, whether or not Members of the Organization, shall be entitled to participate in the proceedings of the Maritime Safety Committee for consideration and adoption of amendments;
(iv) amendments shall be adopted by a two-thirds majority of the Parties present and voting in the Maritime Safety Committee expanded as provided for in sub-paragraph (a)(iii) (hereinafter referred to as the “expanded Maritime Safety Committee”) on condition that at least one third of the Parties shall be present at the time of voting;
(v) amendments so adopted shall be communicated by the Secretary-General to all Parties for acceptance;
(vi) an amendment to an Article shall be deemed to have been accepted on the date on which it is accepted by two thirds of the Parties;
(vii) an amendment to the Annex shall be deemed to have been accepted:
1. at the end of two years from the date on which it is communicated to Parties for acceptance; or
2. at the end of a different period, which shall be not less than one year, if so determined at the time of its adoption by a two-thirds majority of the Parties present and voting in the expanded Maritime Safety Committee;
however, the amendments shall be deemed not to have been accepted if within the specified period either more than one third of Parties, or Parties the combined merchant fleets of which constitute not less than fifty per cent of the gross tonnage of the world's merchant shipping of ships of 100 gross register tons or more, notify the Secretary-General that they object to the amendment;
(viii) an amendment to an Article shall enter into force with respect to those Parties which have accepted it, six months after the date on which it is deemed to have been accepted, and with respect to each Party which accepts it after that date, six months after the date of that Party's acceptance;
(ix) an amendment to the Annex shall enter into force with respect to all Parties, except those which have objected to the amendment under sub-paragraph (a)(vii) and which have not withdrawn such objections, months after the date on which it is deemed to have been accepted. Before the date determined for entry into force, any Party may give notice to the Secretary-General that it exempts itself from giving effect to that amendment for a period not longer than one year from the date of its entry into force, or for such longer period as may be determined by a two-thirds majority of the Parties present and voting in the expanded Maritime Safety Committee at the time of the adoption of the amendment; or
(b) amendment by a conference:
(i) upon the request of a Party concurred in by at least one third of the Parties, the Organization shall convene, in association or consultation with the Director-General of the International Labour Office, a conference of Parties to consider amendments to the Convention;
(ii) every amendment adopted by such a conference by a two-thirds majority of the Parties present and voting shall be communicated by the Secretary-General to all Parties for acceptance;
(iii) unless the conference decides otherwise, the amendment shall be deemed to have been accepted and shall enter into force in accordance with the procedures specified in sub-paragraphs (a)(vi) and (a)(viii) or sub-paragraphs (a)(vii) and (a)(ix) respectively, provided that references in these sub-paragraphs to the expanded Maritime Safety Committee shall be taken to mean references to the conference.
(2)
Any declaration of acceptance of, or objection to, an amendment or any notice given under paragraph (1)(a)(ix) shall be submitted in writing to the Secretary-General, who shall inform all Parties of any such submission and the date of its receipt.
(3)
The Secretary-General shall inform all Parties of any amendments which enter into force, together with the date on which each such amendment enters into force.
(1)
The Convention shall remain open for signature at the Headquarters of the Organization from 1 December 1978 until 30 November 1979 and shall thereafter remain open for accession. Any State may become a Party by:
(a) signature without reservation as to ratification, acceptance or approval; or
(b) signature subject to ratification, acceptance or approval, followed by ratification, acceptance or approval; or
(c) accession.
(2)
Ratification, acceptance, approval or accession shall be effected by the deposit of an instrument to that effect with the Secretary-General.
(3)
The Secretary-General shall inform all States that have signed the Convention or acceded to it and the Director-General of the International Labour Office of any signature or of the deposit of any instrument of ratification, acceptance, approval or accession and the date of its deposit.
(1)
The Convention shall enter into force twelve months after the date on which not less than twenty-five States, the combined merchant fleets of which constitute not less than fifty per cent of the gross tonnage of the world's merchant shipping of ships of 100 gross register tons or more, have either signed it without reservation as to ratification, acceptance or approval or deposited the requisite instruments of ratification, acceptance, approval or accession in accordance with Article XIII.
(2)
The Secretary-General shall inform all States that have signed the Convention or acceded to it of the date on which it enters into force.
(3)
Any instrument of ratification, acceptance, approval or accession deposited during the twelve months referred to in paragraph (1) shall take effect on the coming into force of the Convention or three months after the deposit of such instrument, whichever is the later date.
(4)
Any instrument of ratification, acceptance, approval or accession deposited after the date on which the Convention enters into force shall take effect three months after the date of deposit.
(5)
After the date on which an amendment is deemed to have been accepted under Article XII, any instrument of ratification, acceptance, approval or accession deposited shall apply to the Convention as amended.
(1)
The Convention may be denounced by any Party at anytime after five years from the date on which the Convention entered into force for that Party.
(2)
Denunciation shall be effected by notification in writing to the Secretary-General who shall inform all other Parties and the Director-General of the International Labour Office of any such notification received and of the date of its receipt as well as the date on which such denunciation takes effect.
(3)
A denunciation shall take effect twelve months after receipt of the notification of denunciation by the Secretary-General or after any longer period which may be indicated in the notification.
(1)
The Convention shall be deposited with the Secretary-General who shall transmit certified true copies thereof to all States that have signed the Convention or acceded to it.
(2)
As soon as the Convention enters into force, the Secretary-General shall transmit the text to the Secretary-General of the United Nations for registration and publication, in accordance with Article 102 of the Charter of the United Nations.
Article XVII. Languages
The Convention is established in a single copy in the Chinese, English, French, Russian and Spanish languages, each text being equally authentic. Official translations in the Arabic and German languages shall be prepared and deposited with the signed original.
IN WITNESS WHEREOF the undersigned, being duly authorized by their respective Governments for that purpose, have signed the Convention.
DONE at London this seventh day of July, one thousand nine hundred and seventy-eight.
Inhoudsopgave
International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978
Article I. General Obligations under the Convention
Article II. Definitions
Article III. Application
Article IV. Communication of Information
Article V. Other Treaties and Interpretation
Article VI. Certificates
Article VII. Transitional Provisions
Article VIII. Dispensation
Article IX. Equivalents
Article X. Control
Article XI. Promotion of Technical Co-operation
Article XII. Amendments
Article XIII. Signature, Ratification, Acceptance, Approval and Accession
Article XIV. Entry into Force
Article XV. Denunciation
Article XVI. Deposit and Registration
Article XVII. Languages
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