Статья 26. Английский и французский тексты настоящей Конвенции имеют одинаковую силу.



CONVENTION No. 126
CONCERNING ACCOMMODATION ON BOARD FISHING VESSELS
(Geneva, 21.VI.1966)
The General Conference of the International Labour Organisation,
Having been convened at Geneva by the Governing Body of the International Labour Office, and having met in its Fiftieth Session on 1 June 1966, and
Having decided upon the adoption of certain proposals with regard to accommodation on board fishing vessels, which is included in the sixth item on the agenda of the session, and
Having determined that these proposals shall take the form of an international Convention,
adopts this twenty-first day of June of the year one thousand nine hundred and sixty-six the following Convention, which may be cited as the Accommodation of Crews (Fishermen) Convention, 1966:
Part I. GENERAL PROVISIONS
Article 1
1. This Convention applies to all seagoing mechanically propelled ships and boats, of any nature whatsoever, whether publicly or privately owned, which are engaged in maritime fishing in salt waters and are registered in a territory for which this Convention is in force.
2. National laws or regulations shall determine when ships and boats are to be regarded as seagoing for the purpose of this Convention.
3. This Convention does not apply to ships and boats of less than 75 tons: Provided that the Convention shall be applied to ships and boats of between 25 and 75 tons where the competent authority determines, after consultation with the fishing-vessel owners" and fishermen"s organisations where such exist, that this is reasonable and practicable.
4. The competent authority may, after consultation with the fishing-vessel owners" and fishermen"s organisations where such exist, use length instead of tonnage as a parameter for the purposes of this Convention, in which event the Convention does not apply to ships and boats of less than 80 feet (24.4 metres) in length: Provided that the Convention shall be applied to ships and boats of between 45 and 80 feet (13.7 and 24.4 metres) in length where the competent authority determines, after consultation with the fishing-vessel owners" and fishermen"s organisations where such exist, that this is reasonable and practicable.
5. This Convention does not apply to -
(a) ships and boats normally employed in fishing for sport or recreation;
(b) ships and boats primarily propelled by sail but having auxiliary engines;
(c) ships and boats engaged in whaling or similar pursuits;
(d) fishery research and fishery protection vessels.
6. The following provisions of this Convention do not apply to vessels which normally remain away from their home ports for periods of less than 36 hours and in which the crew does not live permanently on board when in port:
(a) Article 9, paragraph 4;
(b) Article 10;
(c) Article 11;
(d) Article 12;
(e) Article 13, paragraph 1;
(f) Article 14;
(g) Article 16:
Provided that in such vessels adequate sanitary installations as well as messing and cooking facilities and accommodation for resting shall be provided.
7. The provisions of Part III of this Convention may be varied in the case of any vessel if the competent authority is satisfied, after consultation with the fishing-vessel owners" and fishermen"s organisations where such exist, that the variations to be made provide corresponding advantages as a result of which the over-all conditions are no less favourable than those that would result from the full application of the provisions of the Convention; particulars of all such variations shall be communicated by the Member to the Director-General of the International Labour Office, who shall notify the Members of the International Labour Organisation.
Article 2
In this Convention -
(a) the term "fishing vessel" or "vessel means" a ship or boat to which the Convention applies;
(b) the term "tons" means gross registered tons;
(c) the term "length" means the length measured from the fore part of the stem on the line of the forecastle deck to the after side of the head of the sternpost, or to the foreside of the rudderstock where no sternpost exists;
(d) the term "officer" means a person other than a skipper ranked as an officer by national laws or regulations or, in the absence of any relevant laws or regulations, by collective agreement or custom;
(e) the term "rating" means a member of the crew other than an officer;
(f) the term "crew accommodation" includes such sleeping rooms, mess rooms and sanitary accommodation as are provided for the use of the crew;
(g) the term "prescribed" means prescribed by national laws or regulations, or by the competent authority;
(h) the term "approved" means approved by the competent authority;
(i) the term "re-registered" means re-registered on the occasion of a simultaneous change in the territory of registration and in the ownership of the vessel.
Article 3
1. Each Member for which this Convention is in force undertakes to maintain in force laws or regulations which ensure the application of the provisions of Parts II, III and IV of this Convention.
2. The laws or regulations shall -
(a) require the competent authority to bring them to the notice of all persons concerned;
(b) define the persons responsible for compliance therewith;
(c) provide for the maintenance of a system of inspection adequate to ensure effective enforcement;
(d) prescribe adequate penalties for any violation thereof;
(e) require the competent authority to consult periodically the fishing-vessel owners" and fishermen"s organisations, where such exist, in regard to the framing of regulations, and to collaborate so far as practicable with such parties in the administration thereof.
Part II. PLANNING AND CONTROL OF CREW ACCOMMODATION
Article 4
Before the construction of a fishing vessel is begun, and before the crew accommodation of an existing vessel is substantially altered or reconstructed, detailed plans of, and information concerning, the accommodation shall be submitted to the competent authority for approval.
Article 5
1. On every occasion when -
(a) a fishing vessel is registered or re-registered,
(b) the crew accommodation of a vessel has been substantially altered or reconstructed, or
(c) complaint that the crew accommodation is not in compliance with the terms of this Convention has been made to the competent authority, in the prescribed manner and in time to prevent any delay to the vessel, by a recognised fishermen"s organisation representing all or part of the crew or by a prescribed number or proportion of the members of the crew of the vessel,
the competent authority shall inspect the vessel and satisfy itself that the crew accommodation complies with the requirements of the laws and regulations.
2. Periodical inspections may be held at the discretion of the competent authority.
Part III. CREW ACCOMMODATION REQUIREMENTS
Article 6
1. The location, means of access, structure and arrangement of crew accommodation in relation to other spaces shall be such as to ensure adequate security, protection against weather and sea and insulation from heat or cold, undue noise or effluvia from other spaces.
2. Emergency escapes shall be provided from all crew accommodation spaces as necessary.
3. Every effort shall be made to exclude direct openings into sleeping rooms from fish holds and fish meal rooms, from spaces for machinery, from galleys, lamp and paint rooms or from engine, deck and other bulk store rooms, drying rooms, communal wash places or water closets. That part of the bulkhead separating such places from sleeping rooms and external bulkheads shall be efficiently constructed of steel or other approved substance and shall be water-tight and gas-tight.
4. External bulkheads of sleeping rooms and mess rooms shall be adequately insulated. All machinery casings and all boundary bulkheads of galleys and other spaces in which heat is produced shall be adequately insulated when there is a possibility of resulting heat effects in adjoining accommodation or passageways. Care shall also be taken to provide protection from heat effects of steam and/or hot-water service pipes.
5. Internal bulkheads shall be of approved material which is not likely to harbour vermin.
6. Sleeping rooms, mess rooms, recreation rooms and passageways in the crew accommodation space shall be adequately insulated to prevent condensation or over-heating.
7. Main steam and exhaust pipes for winches and similar gear shall, whenever technically possible, not pass through crew accommodation or through passageways leading to crew accommodation; where they do pass through such accommodation or passageways they shall be adequately insulated and encased.
8. Inside panelling or sheeting shall be of material with a surface easily kept clean. Tongued and grooved boarding or any other form of construction likely to harbour vermin shall not be used.
9. The competent authority shall decide to what extent fire prevention or fire retarding measures shall be required to be taken in the construction of the accommodation.
10. The wall surface and deckheads in sleeping rooms and mess rooms shall be easily kept clean and, if painted, shall be light in colour; lime wash must not be used.
11. The wall surfaces shall be renewed or restored as necessary.
12. The decks in all crew accommodation shall be of approved material and construction and shall provide a surface impervious to damp and easily kept clean.
13. Overhead exposed decks over crew accommodation shall be sheathed with wood or equivalent insulation.
14. Where the floorings are of composition the joinings with sides shall be rounded to avoid crevices.
15. Sufficient drainage shall be provided.
16. All practicable measures shall be taken to protect crew accommodation against the admission of flies and other insects.
Article 7
1. Sleeping rooms and mess rooms shall be adequately ventilated.
2. The system of ventilation shall be controlled so as to maintain the air in a satisfactory condition and to ensure a sufficiency of air movement in all conditions of weather and climate.
3. Vessels regularly engaged on voyages in the tropics and other areas with similar climatic conditions shall, as required by such conditions, be equipped both with mechanical means of ventilation and with electric fans: Provided that one only of these means need be adopted in spaces where this ensures satisfactory ventilation.
4. Vessels engaged elsewhere shall be equipped either with mechanical means of ventilation or with electric fans. The competent authority may exempt vessels normally employed in the cold waters of the northern or southern hemispheres from this requirement.
5. Power for the operation of the aids to ventilation required by paragraphs 3 and 4 of this Article shall, when practicable, be available at all times when the crew is living or working on board and conditions so require.
Article 8
1. An adequate system of heating the crew accommodation shall be provided as required by climatic conditions.
2. The heating system shall, when practicable, be in operation at all times when the crew is living or working on board and conditions so require.
3. Heating by means of open fires shall be prohibited.
4. The heating system shall be capable of maintaining the temperature in crew accommodation at a satisfactory level under normal conditions of weather and climate likely to be met with on service; the competent authority shall prescribe the standard to be provided.
5. Radiators and other heating apparatus shall be so placed and, where necessary, shielded and fitted with safety devices as to avoid risk of fire or danger or discomfort to the occupants.
Article 9
1. All crew spaces shall be adequately lighted. The minimum standard for natural lighting in living rooms shall be such as to permit a person with normal vision to read on a clear day an ordinary newspaper in any part of the space available for free movement. When it is not possible to provide adequate natural lighting, artificial lighting of the above minimum standard shall be provided.
2. In all vessels electric lights shall, as far as practicable, be provided in the crew accommodation. If there are not two independent sources of electricity for lighting, additional lighting shall be provided by properly constructed lamps or lighting apparatus for emergency use.
3. Artificial lighting shall be so disposed as to give maximum benefit to the occupants of the room.
4. Adequate reading light shall be provided for every berth in addition to the normal lighting of the cabin.
5. A permanent blue light shall, in addition, be provided in the sleeping room during the night.
Article 10
1. Sleeping rooms shall be situated amidships or aft; the competent authority may, in particular cases, if the size, type or intended service of the vessel renders any other location unreasonable or impracticable, permit the location of sleeping rooms in the fore part of the vessel, but in no case forward of the collision bulkhead.
2. The floor area per person of sleeping rooms, excluding space occupied by berths and lockers, shall not be less than -
(a) in vessels of 25 tons but below 50 tons ... 5.4 sq. ft. (0.5 sq. m)
(b) in vessels of 50 tons but below 100 tons ... 8.1 sq. ft. (0.75 sq. m)
(c) in vessels of 100 tons but below 250 tons ... 9.7 sq. ft. (0.9 sq. m)
(d) in vessels of 250 tons or over ... 10.8 sq. ft. (1.0 sq. m)
3. Where the competent authority decides, as provided for in Article 1, paragraph 4, of this Convention, that length shall be the parameter for this Convention, the floor area per person of sleeping rooms, excluding space occupied by berths and lockers, shall not be less than -
(a) in vessels of 45 feet (13.7 m) but below 65 feet (19.8 m) in length ... 5.4 sq. ft. (0.5 sq. m)
(b) in vessels of 65 feet (19.8 m) but below 88 feet (26.8 m) in length ... 8.1 sq. ft. (0.75 sq. m)
(c) in vessels of 88 feet (26.8 m) but below 115 feet (35.1 m) in length ... 9.7 sq. ft. (0.9 sq. m)
(d) in vessels of 115 feet (35.1 m) in length or over ... 10.8 sq. ft. (1.0 sq.m)
4. The clear head room in the crew sleeping room shall, wherever possible, be not less than 6 feet 3 inches (1.90 metres).
5. There shall be a sufficient number of sleeping rooms to provide a

К тексту закона »
Читайте также