Resolução da Assembleia da República n.º 233/2016
| Data de publicação | 05 Dezembro 2016 |
| Section | Serie I |
| Órgão | Assembleia da República |
Resolução da Assembleia da República n.º 233/2016
Aprova para adesão a Convenção Internacional sobre Normas de Formação, de Certificação e de Serviço de Quartos para Pessoal de Navios de Pesca, Convenção STCW F, adotada em Londres, em 7 de julho de 1995.
A Assembleia da República resolve, nos termos da alínea i) do artigo 161.º e do n.º 5 do artigo 166.º da Constituição, aprovar para adesão a Convenção Internacional sobre Normas de Formação, de Certificação e de Serviço de Quartos para Pessoal de Navios de Pesca, Convenção STCW F, adotada em Londres, em 7 de julho de 1995, cujo texto, na versão autenticada da língua inglesa, e a respetiva tradução para a língua portuguesa se publica em anexo.
Aprovada em 23 de junho de 2016.
O Presidente da Assembleia da República, Eduardo Ferro Rodrigues.
INTERNATIONAL CONVENTION ON STANDARDS OF TRAINING, CERTIFICATION AND WATCHKEEPING FOR FISHING VESSEL PERSONNEL, 1995
The Parties to this Convention:
Noting the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978 (hereinafter referred to as the "1978 STCW Convention");
Desiring to further promote safety of life and property at sea and the protection of the marine environment by establishing in common agreement international standards of training, certification and watchkeeping for personnel employed on board fishing vessels;
Considering that this end may be best achieved by the conclusion of an International Convention on Standards of Training, Certification and Watchkeeping for Fishing Vessel Personnel, hereinafter referred to as "the Convention";
have agreed as follows:
Article 1
General obligations
1 - The Parties undertake to give effect to the provisions of the Convention and the annex thereto, which shall constitute an integral part of the Convention. Every reference to the Convention constitutes at the same time a reference to the Annex hereto.
2 - The Parties undertake to promulgate all laws, decrees, orders and regulations and to take all other steps which may be necessary to give the Convention full and complete effect, so as to ensure that, from the point of view of safety of life and property at sea and the protection of the marine environment, seagoing fishing vessel personnel are qualified and fit for their duties.
Article 2
Definitions
For the purpose of the Convention, unless expressly provided otherwise:
.1 - "Party" means a State for which the Convention has entered into force.
.2 - "Administration" means the Government of the Party whose flag the vessel is entitled to fly.
.3 - "Certificate" means a valid document, by whatever name it may be known, issued or recognized in accordance with the provisions of the Convention, authorizing the holder to serve as stated in this document or as authorized by national regulations.
.4 - "Certificated" means properly holding a certificate.
.5 - "Organization" means the International Maritime Organization.
.6 - "Secretary-General" means the Secretary-General of the Organization.
.7 - "Fishing vessel" or "vessel" means any vessel used commercially for catching fish or other living resources of the sea.
.8 - "Seagoing fishing vessel" means a fishing vessel other than those which navigate exclusively in inland waters or in waters within, or closely adjacent to, sheltered waters or areas where port regulations apply.
Article 3
Application
The Convention shall apply to personnel serving on board seagoing fishing vessels entitled to fly the flag of a Party.
Article 4
Communication of information
Each Party shall communicate to the Secretary-General the following information:
.1 - A report on the measures it has taken to give full and complete effect to the provisions of the Convention, including a specimen of certificates issued in compliance with the Convention; and
.2 - Other information which may be specified or provided for in regulation I/5.
Article 5
Other treaties and interpretation
1 - All prior treaties, conventions and arrangements relating to standards of training, certification and watchkeeping for fishing vessel personnel in force between the Parties, shall continue to have full and complete effect during the terms thereof as regards:
.1 - Fishing vessel personnel to whom this Convention does not apply; and
.2 - Fishing vessel personnel to whom this Convention applies, in respect of matters for which it has not expressly provided.
2 - To the extent, however, that such treaties, conventions or arrangements conflict with the provisions of the Convention, the Parties shall review their commitments under such treaties, conventions and arrangements with a view to ensuring that there is no conflict between these commitments and their obligations under the Convention.
3 - All matters which are not expressly provided for in the Convention remain subject to the legislation of Parties.
Article 6
Certification
Fishing vessel personnel shall be certificated in accordance with the provisions of the Annex to this Convention.
Article 7
National provisions
1 - Each Party shall establish processes and procedures for the impartial investigation of any reported incompetency, act or omission, that may pose a direct threat to safety of life or property at sea or to the marine environment, by the holders of certificates or endorsements issued by that Party in connection with their performance of duties related to their certificates and for the withdrawal, suspension and cancellation of such certificates for such cause and for the prevention of fraud.
2 - Each Party shall prescribe penalties or disciplinary measures for cases in which the provisions of its national legislation giving effect to this Convention are not complied with in respect of vessels entitled to fly its flag or of fishing vessel personnel duly certificated by that Party.
3 - In particular, such penalties or disciplinary measures shall be prescribed and enforced in cases in which:
.1 - An owner, owner's agent or skipper has engaged a person not holding a certificate as required by this Convention;
.2 - A skipper has allowed any function or service in any capacity required by these regulations to be performed by a person holding an appropriate certificate to be performed by a person not holding an appropriate certificate or dispensation; or
.3 - A person has obtained by fraud or forged documents an engagement to perform any function or serve in any capacity required by these regulations to be performed or filled by a person holding a certificate or dispensation.
4 - A Party within whose jurisdiction there is based an owner or owner's agent or any person who is believed on clear grounds to have been responsible for, or to have knowledge of, any apparent non-compliance with the Convention specified in paragraph 3, shall extend all co-operation possible to any Party which advises it of its intention to initiate proceedings under its jurisdiction.
Article 8
Control
1 - Fishing vessels, while in the port of another Party, are subject to control by officers duly authorized by that Party to verify that all persons serving on board who are required to be certificated by this Convention are so certificated or hold an appropriate dispensation.
2 - In the event of failure to correct any deficiency referred to in paragraph 3 of regulation I/4 in so far as it poses a danger to persons, property or the environment, the Party carrying out the control shall take steps to ensure that the vessel will not sail unless and until these requirements are met to the extent that the danger has been removed. The facts concerning the action taken shall be reported promptly to the Secretary-General and to the Administration.
3 - When exercising control:
.1 - All possible efforts shall be made to avoid a vessel being unduly detained or delayed. If a vessel is unduly detained or delayed, it shall be entitled to compensation for any loss or damage resulting therefrom; and
.2 - The discretion allowed in the case of the personnel of foreign fishing vessels shall not be less than that afforded to the personnel of vessels flying the flag of the port State.
4 - This article shall be applied as may be necessary to ensure that no more favourable treatment is given to a vessel entitled to fly the flag of a non-Party than is given to a vessel entitled to fly the flag of a Party.
Article 9
Promotion of technical co-operation
1 - Parties to the Convention shall promote, in consultation with and with the assistance of the Organization, support for those States which request technical assistance for the:
.1 - Training of administrative and technical personnel;
.2 - Establishment of institutions for training of fishing vessel personnel;
.3 - Supply of equipment and facilities for training institutions;
.4 - Development of adequate training programmes, including practical training on seagoing fishing vessels; and
.5 - Facilitation of other measures and arrangements to enhance the qualifications of fishing vessel personnel;
preferably on a national, sub-regional or regional basis, to further the aims and purposes of the Convention, taking into account the special needs of developing countries in this regard.
2 - On its part, the Organization shall pursue the aforesaid efforts, as appropriate, in consultation or association with other international organizations, particularly the International Labour Organization and the Food and Agriculture Organization of the United Nations.
Article 10
Amendments
1 - The Convention may be amended by either of the procedures specified in this article.
2 - Amendments after consideration within the Organization:
.1 - Any amendment proposed by a Party shall be submitted to the Secretary-General, who shall then circulate it to all Members of the Organization, to all the Parties and to the Director-General of the International Labour Office and of the Food and Agriculture Organization of the United Nations respectively, at least six months prior to its consideration.
.2 - Any amendment proposed and circulated as above shall be referred to the Maritime Safety...
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