There are several novel features as far as the ILO is concerned. The whole structure of the new Convention differs from that of traditional ILO Conventions. It consists of the basic provisions, i.e. the Articles and Regulations, followed by a two-part Code and divided into five Titles, one of which is devoted to compliance and enforcement. The Regulations and the Code, which contains Standards and Guidelines, are organized under the five Titles.
- Title 1: Minimum requirements for seafarers to work on a ship
- Title 2: Conditions of employment
- Title 3: Accommodation, recreational facilities, food and catering
- Title 4: Health protection, medical care, welfare and social security protection
- Title 5: Compliance and enforcement.
There is also an Explanatory note to further assist Members implementing the Convention. The Convention also uses a new “vertically integrated” format with a numbering system that links the Regulations, Standards and Guidelines. Each Regulation also has a “plain language” purpose clause.For example:
Regulation 1.2 – Medical certificate
Purpose: To ensure that all seafarers are medically fit to perform their duties at sea
1. Seafarers shall not work on a ship unless they are certified as medically fit to perform their duties.
Standard A1.2 – Medical certificate
The competent authority shall require that, prior to beginning work on a ship, seafarers hold a valid medical certificate attesting that they are medically fit to perform the duties they are to carry out at sea.
Guideline B1.2 – Medical certificate
Guideline B1.2.1 – International Guidelines
Other innovations are the amendment procedures and the system for the certification of ships. However, most of these novel features are based on those of the instruments of other organizations, especially the IMO. One unique feature relates to the special status of the non-mandatory Part B of the Code and its relationship with the mandatory Part A.
