3. Each Member ratifying this Convention shall supply to the Director-General of the International Labour Office information on the measures by which the Convention is applied, including particulars of any collective agreements in force which give effect to any of its provisions.
4. Each Member ratifying this Convention undertakes to take part, by means of a tripartite delegation, in any Committee representative of Governments and shipowners' and seafarers' organizations, and including, in an advisory capacity, representatives of the Joint Maritime Commission of the International Labour Office, which may be set up for the purpose of
examining the measures taken to give effect to the Convention.
5. The Director-General shall lay before the said Committee a summary of the information received by him under paragraph 3 above.
6. The Committee shall consider whether the collective agreements reported to it give full effect to the provisions of the Convention. Each Member ratifying the Convention undertakes to give consideration to any observations or suggestions concerning the application of the Convention made by the Committee, and further undertakes to bring to the notice of
the organizations of shipowners and of seafarers who are parties to any of the collective agreements mentioned in paragraph 1 any observations or suggestions of the aforesaid Committee concerning the degree to which such agreements give effect to the provisions of the Convention.
Article 22
1. Each Member which ratifies this Convention shall be responsible for the application of its provisions to vessels registered in its territory and shall, except where effect is given to the Convention by collective agreements, maintain in force laws or regulations which--
(a) determine the respective responsibilities of the shipowner and the master for ensuring compliance therewith;
(b) prescribe adequate penalties for any violation thereof;
(c) provide for adequate public supervision of compliance with Part IV of the Convention;
(d) require the keeping of the records of hours worked necessary for the purposes of Part III of the Convention and of the compensation granted in respect of overtime and of excess hours of work;
(e) ensure to seafarers the same remedies for recovering payments due to them in respect of compensation for overtime and for excess hours of work as they have for recovering other arrears of pay.
2. The organizations of shipowners and seafarers concerned shall, so far as is reasonable and practicable, be consulted in the framing of all laws or regulations for giving effect to the provisions of this Convention.
Article 23
For the purpose of giving mutual assistance in the enforcement of this Convention, every Member which ratifies the Convention undertakes to require the competent authority in every port in its territory to inform the consular or other appropriate authority of any other such Member of any case in which it comes to the notice of such authority that the
requirements of the Convention are not being complied with in a vessel registered in the territory of that other Member.
PART VI. FINAL PROVISIONS
Article 24
For the purpose of Article 28 of the Hours of Work and Manning (Sea) Convention, 1936, the present Convention shall be regarded as a Convention revising that Convention.
Article 25
The formal ratifications of this Convention shall be communicated to the Director-General of the International Labour Office for registration.
Article 26
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 first come into force six months after the date at which the following conditions have been fulfilled:
(a) the ratifications of nine of the following Members have been registered: United States of America, Argentine Republic, Australia, Belgium, Brazil, Canada, Chile, China, Denmark, Finland, France, United Kingdom of Great Britain and Northern Ireland, Greece, India, Ireland, Italy, Netherlands, Norway, Poland, Portugal, Sweden, Turkey, Yugoslavia;
(b) at least five of the Members whose ratifications have been registered have at the date of registration each not less than one million gross register tons of shipping;
(c) the aggregate tonnage of shipping possessed at the time of registration by the Members whose ratifications have been registered is not less than fifteen million gross register tons.
3. The provisions of the preceding paragraph are included for the purpose of facilitating and encouraging early ratification of the Convention by Member States.
4. After the Convention has first come into force, it shall come into force for any Member six months after the date on which its ratification has been registered.
Article 27
1. A Member which has ratified this Convention may denounce it after the expiration of ten years from the date on which the Convention 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 28
1. The Director-General of the International Labour Office shall notify all the Members of the International Labour Organization of the registration of all ratifications, declarations and denunciations communicated to him by the Members of the Organization.
2. When notifying the Members of the Organization of the registration of the last of the ratifications required to bring the Convention into force, 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 29
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, declarations and acts of denunciation registered by him in accordance with the provisions of the preceding Articles.
Article 30
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 31
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 27 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 32
The English and French versions of the text of this Convention are equally authoritative.
4. Each Member ratifying this Convention undertakes to take part, by means of a tripartite delegation, in any Committee representative of Governments and shipowners' and seafarers' organizations, and including, in an advisory capacity, representatives of the Joint Maritime Commission of the International Labour Office, which may be set up for the purpose of
examining the measures taken to give effect to the Convention.
5. The Director-General shall lay before the said Committee a summary of the information received by him under paragraph 3 above.
6. The Committee shall consider whether the collective agreements reported to it give full effect to the provisions of the Convention. Each Member ratifying the Convention undertakes to give consideration to any observations or suggestions concerning the application of the Convention made by the Committee, and further undertakes to bring to the notice of
the organizations of shipowners and of seafarers who are parties to any of the collective agreements mentioned in paragraph 1 any observations or suggestions of the aforesaid Committee concerning the degree to which such agreements give effect to the provisions of the Convention.
Article 22
1. Each Member which ratifies this Convention shall be responsible for the application of its provisions to vessels registered in its territory and shall, except where effect is given to the Convention by collective agreements, maintain in force laws or regulations which--
(a) determine the respective responsibilities of the shipowner and the master for ensuring compliance therewith;
(b) prescribe adequate penalties for any violation thereof;
(c) provide for adequate public supervision of compliance with Part IV of the Convention;
(d) require the keeping of the records of hours worked necessary for the purposes of Part III of the Convention and of the compensation granted in respect of overtime and of excess hours of work;
(e) ensure to seafarers the same remedies for recovering payments due to them in respect of compensation for overtime and for excess hours of work as they have for recovering other arrears of pay.
2. The organizations of shipowners and seafarers concerned shall, so far as is reasonable and practicable, be consulted in the framing of all laws or regulations for giving effect to the provisions of this Convention.
Article 23
For the purpose of giving mutual assistance in the enforcement of this Convention, every Member which ratifies the Convention undertakes to require the competent authority in every port in its territory to inform the consular or other appropriate authority of any other such Member of any case in which it comes to the notice of such authority that the
requirements of the Convention are not being complied with in a vessel registered in the territory of that other Member.
PART VI. FINAL PROVISIONS
Article 24
For the purpose of Article 28 of the Hours of Work and Manning (Sea) Convention, 1936, the present Convention shall be regarded as a Convention revising that Convention.
Article 25
The formal ratifications of this Convention shall be communicated to the Director-General of the International Labour Office for registration.
Article 26
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 first come into force six months after the date at which the following conditions have been fulfilled:
(a) the ratifications of nine of the following Members have been registered: United States of America, Argentine Republic, Australia, Belgium, Brazil, Canada, Chile, China, Denmark, Finland, France, United Kingdom of Great Britain and Northern Ireland, Greece, India, Ireland, Italy, Netherlands, Norway, Poland, Portugal, Sweden, Turkey, Yugoslavia;
(b) at least five of the Members whose ratifications have been registered have at the date of registration each not less than one million gross register tons of shipping;
(c) the aggregate tonnage of shipping possessed at the time of registration by the Members whose ratifications have been registered is not less than fifteen million gross register tons.
3. The provisions of the preceding paragraph are included for the purpose of facilitating and encouraging early ratification of the Convention by Member States.
4. After the Convention has first come into force, it shall come into force for any Member six months after the date on which its ratification has been registered.
Article 27
1. A Member which has ratified this Convention may denounce it after the expiration of ten years from the date on which the Convention 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 28
1. The Director-General of the International Labour Office shall notify all the Members of the International Labour Organization of the registration of all ratifications, declarations and denunciations communicated to him by the Members of the Organization.
2. When notifying the Members of the Organization of the registration of the last of the ratifications required to bring the Convention into force, 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 29
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, declarations and acts of denunciation registered by him in accordance with the provisions of the preceding Articles.
Article 30
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 31
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 27 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 32
The English and French versions of the text of this Convention are equally authoritative.
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