1 The Code may be amended either by the procedure
set out in Article XIV or, unless expressly
provided otherwise, in accordance with the procedure set out in the
present Article.
2 An amendment to the Code may be proposed to
the Director-General of the International Labour Office by the government
of any Member of the Organization or by the group of Shipowner representatives
or the group of Seafarer representatives who have been appointed to
the Committee referred to in Article XIII.
An amendment proposed by a government must have been proposed by,
or be supported by, at least five governments of Members that have
ratified the Convention or by the group of Shipowner or Seafarer representatives
referred to in this paragraph.
3 Having verified that the proposal for amendment
meets the requirements of paragraph 2 of this Article, the Director-General
shall promptly communicate the proposal, accompanied by any comments
or suggestions deemed appropriate, to all Members of the Organization,
with an invitation to them to transmit their observations or suggestions
concerning the proposal within a period of six months or such other
period (which shall not be less than three months nor more than nine
months) prescribed by the Governing Body.
4 At the end of the period referred to in paragraph
3 of this Article, the proposal, accompanied by a summary of any observations
or suggestions made under that paragraph, shall be transmitted to
the Committee for consideration at a meeting. An amendment shall be
considered adopted by the Committee if:
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(a) at least half the governments of Members that
have ratified this Convention are represented in the meeting at which
the proposal is considered; and
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(b) a majority of at least two-thirds of the Committee
members vote in favour of the amendment; and
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(c) this majority comprises the votes in favour
of at least half the government voting power, half the Shipowner voting
power and half the Seafarer voting power of the Committee members
registered at the meeting when the proposal is put to the vote.
5 Amendments adopted in accordance with paragraph
4 of this Article shall be submitted to the next session of the Conference
for approval. Such approval shall require a majority of two-thirds
of the votes cast by the delegates present. If such majority is not
obtained, the proposed amendment shall be referred back to the Committee
for reconsideration should the Committee so wish.
6 Amendments approved by the Conference shall
be notified by the Director- General to each of the Members whose
ratifications of this Convention were registered before the date of
such approval by the Conference. These Members are referred to below
as “the ratifying Members”. The notification shall contain
a reference to the present Article and shall prescribe the period
for the communication of any formal disagreement. This period shall
be two years from the date of the notification unless, at the time
of approval, the Conference has set a different period, which shall
be a period of at least one year. A copy of the notification shall
be communicated to the other Members of the Organization for their
information.
7 An amendment approved by the Conference shall
be deemed to have been accepted unless, by the end of the prescribed
period, formal expressions of disagreement have been received by the
Director-General from more than 40 per cent of the Members which have
ratified the Convention and which represent not less than 40 per cent
of the gross tonnage of the ships of the Members which have ratified
the Convention.
8 An amendment deemed to have been accepted shall
come into force six months after the end of the prescribed period
for all the ratifying Members except those which had formally expressed
their disagreement in accordance with paragraph 7 of this Article
and have not withdrawn such disagreement in accordance with paragraph
11.
However:
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(a) before the end of the prescribed period, any
ratifying Member may give notice to the Director-General that it shall
be bound by the amendment only after a subsequent express notification
of its acceptance; and
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(b) before the date of entry into force of the
amendment, any ratifying Member may give notice to the Director-General
that it will not give effect to that amendment for a specified period.
9 An amendment which is the subject of a notice
referred to in paragraph 8(a) of this Article shall enter into force
for the Member giving such notice six months after the Member has
notified the Director-General of its acceptance of the amendment or
on the date on which the amendment first comes into force, whichever
date is later.
10 The period referred to in paragraph 8(b) of
this Article shall not go beyond one year from the date of entry into
force of the amendment or beyond any longer period determined by the
Conference at the time of approval of the amendment.
11 A Member that has formally expressed disagreement
with an amendment may withdraw its disagreement at any time. If notice
of such withdrawal is received by the Director-General after the amendment
has entered into force, the amendment shall enter into force for the
Member six months after the date on which the notice was registered.
12 After entry into force of an amendment, the
Convention may only be ratified in its amended form.
13 To the extent that a maritime labour certificate
relates to matters covered by an amendment to the Convention which
has entered into force:
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(a) a Member that has accepted that amendment
shall not be obliged to extend the benefit of the Convention in respect
of the maritime labour certificates issued to ships flying the flag
of another Member which:
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(i) pursuant to paragraph 7 of this Article, has
formally expressed disagreement to the amendment and has not withdrawn
such disagreement; or
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(ii) pursuant to paragraph 8(a) of this Article,
has given notice that its acceptance is subject to its subsequent
express notification and has not accepted the amendment; and
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(b) a Member that has accepted the amendment shall
extend the benefit of the Convention in respect of the maritime labour
certificates issued to ships flying the flag of another Member that
has given notice, pursuant to paragraph 8(b) of this Article, that
it will not give effect to that amendment for the period specified
in accordance with paragraph 10 of this Article.