Observation (CEACR) - adoptée 2005, publiée 95ème session CIT (2006)

Article 4, paragraph 1(c), of the Convention. Certificate of competency. The Committee notes with satisfaction the adoption of Order No. 00288 of 25 March 2002 on the award of vocational certificates.

Article 3, paragraph 2. Exceptions. In its previous observation, the Committee noted that, under the terms of section 275 of the Maritime Code, in cases of recognized necessity the maritime authority may make exceptions to the requirement to hold a certificate to exercise the duties of master, officer, etc. The Government is requested to indicate in detail the number of cases in which exceptions have been granted and the circumstances in which such exceptions have been authorized.

Article 4, paragraph 2(b). Certificate of competency. The Committee reiterates its observation that 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, national laws or regulations shall provide for the organization and supervision by the competent authority of one or more examinations for the purpose of testing whether candidates for competency certificates possess the qualifications necessary for performing the duties corresponding to the certificates for which they are candidates. The Committee requests the Government to indicate the measures adopted to ensure that the national legislation provides for the organization and supervision of examinations, in accordance with the Convention. Please indicate the nature of the examinations for each category of competency certificates (practical, theoretical), describe the examinations briefly and provide indications on the methods of the organization and supervision of the examinations by the competent authority.

Article 5, paragraph 2. Detention of vessels. The Committee notes the Government’s reply concerning the immobilization of any vessel in the event of fraud. Nevertheless, it requests the Government to provide information on the national laws or regulations determining the cases in which a vessel may be detained on account of a breach of the provisions of this Convention and indicating the respective procedure.