Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes the information provided in the Government’s latest report. It requests the Government to provide further information on the following points.

Article 3, paragraph 2, of the Convention. According to article 275 of the Maritime Code, the maritime authority may make exceptions to the requirement for holding a certificate for exercising the duties of captain, officer, etc., in cases of recognized necessity ("nécessité reconnue"). The Committee recalls that, under this provision of the Convention, exceptions to the requirement for holding a certificate may be made only in cases of force majeure, which is different from cases of recognized necessity ("nécessité reconnue"). The Government is asked to indicate in detail, the measures it takes to ensure that exceptions are only made in cases of force majeure. Please indicate how cases of force majeure are defined in national legislation.

Article 4, paragraph 1(c). Article 275 of the Maritime Code stipulates that the officers’ functions enumerated can only be exercised by seafarers holding certain certificates. Article 276 states that the conditions to obtain a certificate are regulated by the minister in charge of merchant shipping. These articles appear not to require the seafarer to pass an examination in order to obtain a certificate of competency. The Government is requested to indicate the measures taken to ensure that, in accordance with Article 4, paragraph 1(c), no person shall be granted a certificate of competency unless he passed the exams organized and supervised by the competent authority.

Article 4, paragraph 2(b). The Government’s report is silent on laws or regulations providing for the organization and supervision of examinations. According to this provision of the Convention, the national legislation shall provide for the organization and supervision by the competent authority of one or more examinations for the purpose of testing whether candidates for the competency certificate possess the qualifications necessary for performing the duties corresponding to the certificate for which they are candidates. The Government is asked to indicate the measures it has taken to ensure that the national legislation provides for the organization and supervision of the exams in accordance with the Convention. Please indicate the nature (practical or theoretical or both) and a brief outline of the examinations for each class of certificate, and the methods of the organization and supervision of the examinations by the competent authority.

Article 5, paragraph 2. The Committee notes from the Government’s report that the Maritime Authority can detain ships in certain cases. The cases described in the report, however, do not fully coincide with those under the terms of the Convention. The Government is requested to supply information on the national laws or regulations concerning the cases in which, and the procedure by which, a vessel may be detained on account of a breach of the provisions of this Convention.