CONVENTION No. 147 Convention concerning Minimum Standards inMerchant Ships
CONVENTION No. 147 Convention concerning Minimum Standards inMerchant Ships
[Date of coming into force: 28 November 1981.]
Whole document
The General Conference of the International Labour Organization,
Having been convened at Geneva by the Governing Body of the
International Labour Office and having met in its Sixty-second Session on
13 October 1976, and
Recalling the provisions of the Seafarers' Engagement (Foreign
Vessels) Recommendation, 1958, and of the Social Conditions and Safety
(Seafarers) Recommendation, 1958, and
Having decided upon the adoption of certain proposals with regard to
substandard vessels, particularly those registered under flags of
convenience, which is the fifth item on the agenda of the session, and
Having determined that these proposals shall take the form of an
international Convention, adopts this twenty-ninth day of October of the
year one thousand nine hundred and seventy-six the following Convention,
which may be cited as the Merchant Shipping (Minimum Standards)
Convention, 1976:
Article 1
1. Except as otherwise provided in this Article, this Convention
applies to every sea-going ship, whether publicly or privately owned,
which is engaged in the transport of cargo or passengers for the purpose
of trade or is employed for any other commercial purpose.
2. National laws or regulations shall determine when ships are to be
regarded as sea-going ships for the purpose of this Convention.
3. This Convention applies to sea-going tugs.
4. This Convention does not apply to
(a) ships primarily propelled by sail, whether or not they are
fitted with auxiliary engines;
(b) ships engaged in fishing or in whaling or in similar pursuits;
(c) small vessels and vessels such as oil rigs and drilling
platforms when not engaged in navigation, the decision as to which vessels
are covered by this subparagraph to be taken by the competent authority in
each country in consultation with the most representative organizations of
shipowners and seafarers.
5. Nothing in this Convention shall be deemed to extend the scope of
the Conventions referred to in the Appendix to this Convention or of the
provisions contained therein.
Article 2
Each Member which ratifies this Convention undertakes
(a) to have laws or regulations laying down, for ships registered
in its territory
(i) safety standards, including standards of competency, hours
of work and manning, so as to ensure the safety of life on board ship;
(ii) appropriate social security measures; and
(iii) shipboard conditions of employment and shipboard living
arrangements, in so far as these, in the opinion of the Member, are not
covered by collective agreements or laid down by competent courts in a
manner equally binding on the shipowners and seafarers concerned;
and to satisfy itself that the provisions of such laws and regulations
are substantially equivalent to the Conventions or Articles of Conventions
referred to in the Appendix to this Convention, in so far as the Member is
not otherwise bound to give effect to the Conventions in question;
(b) to exercise effective jurisdiction or control over ships which
are registered in its territory in respect of
(i) safety standards, including standards of competency, hours
of work and manning, prescribed by national laws or regulations;
(ii) social security measures prescribed by national laws or
regulations;
(iii) shipboard conditions of employment and shipboard living
arrangements prescribed by national laws or regulations, or laid down by
competent courts in a manner equally binding on the shipowners and
seafarers concerned;
(c) to satisfy itself that measures for the effective control of
other shipboard conditions of employment and living arrangements, where it
has no effective jurisdiction, are agreed between shipowners or their
organizations and seafarers' organizations constituted in accordance with
the substantive provisions of the Freedom of Association and Protection of
the Right to Organize Convention, 1948, and the Right to Organize and
Collective Bargaining Convention, 1949;
(d) to ensure that
(i) adequate procedures-subject to over-all supervision by the
competent authority, after tripartite consultation amongst that authority
and the representative organizations of shipowners and seafarers where
appropriate-exist for the engagement of seafarers on ships registered in
its territory and for the investigation of complaints arising in that
connection;
(ii) adequate procedures-subject to over-all supervision by
the competent authority, after tripartite consultation amongst that
authority and the representative organizations of shipowners and seafarers
where appropriate-exist for the investigation of any complaint made in
connection with and, if possible, at the time of the engagement in its
territory of seafarers of its own nationality on ships registered in a
foreign country, and that such complaint as well as any complaint made in
connection with and, if possible, at the time of the engagement in its
territory of foreign seafarers on ships registered in a foreign country,
is promptly reported by its competent authority to the competent authority
of the country in which the ship is registered, with a copy to the
DirectorGeneral of the International Labour Office.
(e) to ensure that seafarers employed on ships registered in its
territory are properly qualified or trained for the duties for which they
are engaged, due regard being had to the Vocational Training (Seafarers)
Recommendation, 1970;
(f) to verify by inspection or other appropriate means that ships
registered in its territory comply with applicable international labour
Conventions in force which it has ratified, with the laws and regulations
required by subparagraph (a) of this Article and, as may be appropriate
under national law, with applicable collective agreements;
(g) to hold an official inquiry into any serious marine casualty
involving ships registered in its territory, particularly those involving
injury and/or loss of life, the final report of such inquiry normally to
be made public.
Article 3
Any Member which has ratified this Convention shall, in so far a
practicable, advise its nationals on the possible problems of signing on a
ship registered in a State which has not ratified the Convention, until it
is satisfied that standards equivalent to those fixed by this Convention
are being applied. Measures taken by the ratifying State to this effect
shall not be in contradiction with the principle of free movement of
workers stipulated by the treaties to which the two States concerned may
be parties.
Article 4
1. If a Member which has ratified this Convention and in whose port a
ship calls in the normal course of its business or for operational reasons
receives a complaint or obtains evidence that the ship does not conform to
the standards of this Convention, after it has come into force, it may
prepare a report addressed to the government of the country in which the
ship is registered, with a copy to the Director-General of the
International Labour Office, and may take measures necessary to rectify
any conditions on board which are clearly hazardous to safety or health.
2. In taking such measures, the Member shall forthwith notify the
nearest maritime, consular or diplomatic representative of the flag State
and shall, if possible, have such representative present. It shall not
unreasonably detain or delay the ship.
3. For the purpose of this Article, "complaint" means information
submitted by a member of the crew, a professional body, an association, a
trade union or, generally, any person with an interest in the safety of
the ship, including an interest in safety or health hazards to its crew.
Article 5
1. This Convention is open to the ratification of Members which
(a) are parties to the International Convention for the Safety of
Life at Sea, 1960, or the International Convention for the Safety of Life
at Sea, 1974, or any Convention subsequently revising these Conventions;
and
(b) are parties to the International Convention on Load Lines,
1966, or any Convention subsequently revising that Convention; and
(c) are parties to, or have implemented the provisions of, the
Regulations for Preventing Collisions at Sea of 1960, or the Convention on
the International Regulations for Preventing Collisions at Sea, 1972, or
any Convention subsequently revising these international instruments.
2. This Convention is further open to the ratification of any Member
which, on ratification, undertakes to fulfil the requirements to which
ratification is made subject by paragraph 1 of this Article and which are
not yet satisfied.
3. The formal ratifications of this Convention shall be communicated
to the DirectorGeneral of the International Labour Office for
registration.
Article 6
1. This Convention shall be binding only upon those Members of the
International Labour Organization whose ratifications have been registered
with the Director-General.
2. It shall come into force twelve months after the date on which
there have been registered ratifications by at least ten Members with a
total share in world shipping gross tonnage of 25 per cent.
3. Thereafter, this Convention shall come into force for any Member
twelve months after the date on which its ratification has been
registered.
Article 7
1. A Member which has ratified this Convention may denounce it after
the expiration of ten years from the date on which the Convention first
comes into force, by an act communicated to the Director-General of the
International Labour Office for registration. Such denunciation shall not
take effect until one year after the date on which it is registered.
2. Each Member which has ratified this Convention and which does not,
within the year following the expiration of the period of ten years
mentioned in the preceding paragraph, exercise the right of denunciation
provided for in this Article, will be bound for another period of ten
years and, thereafter, may denounce this Convention at the expiration of
each period of ten years under the terms provided for in this Article.
Article 8
1. The Director-General of the International Labour Office shall
notify all Members of the International Labour Organization of the
registration of all ratifications and denunciations communicated to him by
the Members of the Organization.
2. When the conditions provided for in Article 6, paragraph 2, above
have been fulfilled, the Director-General shall draw the attention of the
Members of the Organization to the date upon which the Convention will
come into force.
Article 9
The Director-General of the International Labour Office shall
communicate to the Secretary-General of the United Nations for
registration in accordance with Article 102 of the Charter of the United
Nations full particulars of all ratifications and acts of denunciation
registered by him in accordance with the provisions of the preceding
Articles.
Article 10
At such times as it may consider necessary the Governing Body of the
International Labour Office shall present to the General Conference a
report on the working of this Convention and shall examine the
desirability of placing on the agenda of the Conference the question of
its revision in whole or in part.
Article 11
1. Should the Conference adopt a new Convention revising this
Convention in whole or in part, then, unless the new Convention otherwise
provides
(a) the ratification by a Member of the new revising Convention
shall ipso jure involve the immediate denunciation of this Convention,
notwithstanding the provisions of Article 7 above, if and when the new
revising Convention shall have come into force;
(b) as from the date when the new revising Convention comes into
force this Convention shall cease to be open to ratification by the
Members.
2. This Convention shall in any case remain in force in its actual
form and content for those Members which have ratified it but have not
ratified the revising Convention.
Article 12
The English and French versions of the text of this Convention are
equally authoritative.
APPENDIX
Minimum Age Convention, 1973 (No. 138), or
Minimum Age (Sea) Convention (Revised), 1936 (No. 58), or
Minimum Age (Sea) Convention, 1920 (No. 7);
Shipowners' Liability (Sick and Injured Seamen) Convention, 1936 (No.
55), or
Sickness Insurance (Sea) Convention, 1936 (No. 56), or
Medical Care and Sickness Benefits Convention, 1969 (No. 130);
Medical Examination (Seafarers) Convention, 1946 (No. 73);
Prevention of Accidents (Seafarers) Convention, 1970 (No. 134)
(Articles 4 and 7);
Accommodation of Crews Convention (Revised), 1949 (No. 92);
Food and Catering (Ships' Crews) Convention, 1946 (No. 68) (Article
5);
Officers' Competency Certificates Convention, 1936 (No. 53) (Articles
3 and 4)¢Ù;
[ ¢Ù In cases where the established licensing system or certification
structure of a State would be prejudiced by problems arising from strict
adherence to the relevant standards of the Officers' Competency
Certificates Convention, 1936, the principle of substantial equivalence
shall be applied so that there will be no conflict with that State's
established arrangements for certification.]
Seamen's Article of Agreement Convention, 1926 (No. 22);
Repatriation of Seamen Convention, 1926 (No. 23)
Freedom of Association and Protection of the Right to Organize
Convention, 1948 (No. 87);
Right to Organize and Collective Bargaining Convention, 1949 (No. 98).
atified this Convention and in whose port a
ship calls in the normal course of its business or for operational reasons
receives a complaint or obtains evidence that the ship does not conform to
the standards of this Convention, after it has come into force, it may
prepare a report addressed to the government of the country in which the
ship is registered, with a copy to the Director-General of the
International Labour Office, and may take measures necessary to rectify
any conditions on board which are clearly hazardous to safety or health.
2. In taking such measures, the Member shall forthwith notify the
nearest maritime, consular or diplomatic representative of the flag State
and shall, if possible, have such representative present. It shall not
unreasonably detain or delay the ship.
3. For the purpose of this Article, "complaint" means information
submitted by a member of the crew, a professional body, an association, a
trade union or, generally, any person with an interest in the safety of
the ship, including an interest in safety or health hazards to its crew.
Article 5
1. This Convention is open to the ratification of Members which
(a) are parties to the International Convention for the Safety of
Life at Sea, 1960, or the International Convention for the Safety of Life
at Sea, 1974, or any Convention subsequently revising these Conventions;
and
(b) are parties to the International Convention on Load Lines,
1966, or any Convention subsequently revising that Convention; and
(c) are parties to, or have implemented the provisions of, the
Regulations for Preventing Collisions at Sea of 1960, or the Convention on
the International Regulations for Preventing Collisions at Sea, 1972, or
any Convention subsequently revising these international instruments.
2. This Convention is further open to the ratification of any Member
which, on ratification, undertakes to fulfil the requirements to which
ratification is made subject by paragraph 1 of this Article and which are
not yet satisfied.
3. The formal ratifications of this Convention shall be communicated
to the DirectorGeneral of the International Labour Office for
registration.
Article 6
1. This Convention shall be binding only upon those Members of the
International Labour Organization whose ratifications have been registered
with the Director-General.
2. It shall come into force twelve months after the date on which
there have been registered ratifications by at least ten Members with a
total share in world shipping gross tonnage of 25 per cent.
3. Thereafter, this Convention shall come into force for any Member
twelve months after the date on which its ratification has been
registered.
Article 7
1. A Member which has ratified this Convention may denounce it after
the expiration of ten years from the date on which the Convention first
comes into force, by an act communicated to the Director-General of the
International Labour Office for registration. Such denunciation shall not
take effect until one year after the date on which it is registered.
2. Each Member which has ratified this Convention and which does not,
within the year following the expiration of the period of ten years
mentioned in the preceding paragraph, exercise the right of denunciation
provided for in this Article, will be bound for another period of ten
years and, thereafter, may denounce this Convention at the expiration of
each period of ten years under the terms provided for in this Article.
Article 8
1. The Director-General of the International Labour Office shall
notify all Members of the International Labour Organization of the
registration of all ratifications and denunciations communicated to him by
the Members of the Organization.
2. When the conditions provided for in Article 6, paragraph 2, above
have been fulfilled, the Director-General shall draw the attention of the
Members of the Organization to the date upon which the Convention will
come into force.
Article 9
The Director-General of the International Labour Office shall
communicate to the Secretary-General of the United Nations for
registration in accordance with Article 102 of the Charter of the United
Nations full particulars of all ratifications and acts of denunciation
registered by him in accordance with the provisions of the preceding
Articles.
Article 10
At such times as it may consider necessary the Governing Body of the
International Labour Office shall present to the General Conference a
report on the working of this Convention and shall examine the
desirability of placing on the agenda of the Conference the question of
its revision in whole or in part.
Article 11
1. Should the Conference adopt a new Convention revising this
Convention in whole or in part, then, unless the new Convention otherwise
provides
(a) the ratification by a Member of the new revising Convention
shall ipso jure involve the immediate denunciation of this Convention,
notwithstanding the provisions of Article 7 above, if and when the new
revising Convention shall have come into force;
(b) as from the date when the new revising Convention comes into
force this Convention shall cease to be open to ratification by the
Members.
2. This Convention shall in any case remain in force in its actual
form and content for those Members which have ratified it but have not
ratified the revising Convention.
Article 12
The English and French versions of the text of this Convention are
equally authoritative.
APPENDIX
Minimum Age Convention, 1973 (No. 138), or
Minimum Age (Sea) Convention (Revised), 1936 (No. 58), or
Minimum Age (Sea) Convention, 1920 (No. 7);
Shipowners' Liability (Sick and Injured Seamen) Convention, 1936 (No.
55), or
Sickness Insurance (Sea) Convention, 1936 (No. 56), or
Medical Care and Sickness Benefits Convention, 1969 (No. 130);
Medical Examination (Seafarers) Convention, 1946 (No. 73);
Prevention of Accidents (Seafarers) Convention, 1970 (No. 134)
(Articles 4 and 7);
Accommodation of Crews Convention (Revised), 1949 (No. 92);
Food and Catering (Ships' Crews) Convention, 1946 (No. 68) (Article
5);
Officers' Competency Certificates Convention, 1936 (No. 53) (Articles
3 and 4)¢Ù;
[ ¢Ù In cases where the established licensing system or certification
structure of a State would be prejudiced by problems arising from strict
adherence to the relevant standards of the Officers' Competency
Certificates Convention, 1936, the principle of substantial equivalence
shall be applied so that there will be no conflict with that State's
established arrangements for certification.]
Seamen's Article of Agreement Convention, 1926 (No. 22);
Repatriation of Seamen Convention, 1926 (No. 23)
Freedom of Association and Protection of the Right to Organize
Convention, 1948 (No. 87);
Right to Organize and Collective Bargaining Convention, 1949 (No. 98).
|