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Article Comparison - Convention concerning Minimum Standards in Merchant Ships [*]

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 ship-owners 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 ship-owners 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 ship-owners 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 ship-owners 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 ship-owners 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 Director-General 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.