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GENERAL SURVEY
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to the Conference should be limited to vessels engaged in maritime navigation.
2. Subject to the foregoing observations, the views expressed in the replies on the question of exceptions for vessels which would otherwise come within the scope of the Draft Convention as thus defined are summarised below.
(a) One Government (the Netherlands) expressly states that it considers that the question of exceptions should be left entirely to national law, and accordingly does not specify the exceptions it has in view. It may be noted, however, that the regulations in force in the Netherlands relating to certificates of professional capa- city apply, subject to certain qualifications1, to all sea-going vessels (including tugs and fishing boats) with the exception of vessels plying exclusively in Wadden 2 and in the estuaries of the Weser and the Elbe, or in the Kiel Canal as far as Kiel, and of barges not possessing any means of propulsion of their own.
Great Britain, too, as has already been seen (ante, p. 58), would prefer a Draft Convention confined to a statement of the principle in issue in the item on the Agenda, "with such exceptions as national conditions require". It has amplified this phrase, however, by stating that it considers it unnecessary and undesirable to require that fully certificated officers should invariably be in charge of a watch on deck or the engine room on all vessels without exception, and that in any case the fishing industry should be excluded, the conditions of that industry being considered to be in many respects entirely different from those of the mercantile marine.
(b) Three Governments (Cuba, Norway, Poland}, which have not specified the exceptions they have in mind, indicate, expressly or by implication, that the grounds on which exceptions might be allowed should
See Grey Report submitted to the XIIIth Session of the Conference, p. 61.
2 This term is applied to clayey banks which remain uncovered at low tide. These formations occur frequently off the Dutch coast and the west coast of Germany.
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QUESTION 3
be the type and tonnage of the vessels, as suggested in the Questionnaire, and would appear to contemplate only really minor exceptions on such grounds.
C
"
(c) The following Governments have made detailed proposals as to the limits within which it might be left open to national law to allow exceptions: Australia, Belgium (see also below under (d)), Denmark, Estonia, Finland, France (see also below under (d)), Germany, India1, Irish Free State, Japan2, Latvia, Rumania, Spain (see also below under (d)), Sweden, Yugoslavia. These proposals are classified below.
(i) Vessels engaged in certain trades. Vessels engaged in "near" trades
"home" trades (Irish Free State).
(ii) Fishing.
"coastal" and
Exclude completely (Germany and, as already noted, Great Britain).
Fishing boats except trawlers of 25 tons and upwards and mechanically propelled line boats and drifters of 50 tons and upwards (Irish Free State). Coastal fishing vessels (Latvia, Rumania, Sweden); small coastal fishing vessels (Spain).
(iii) Sailing vessels.
Sailing vessels (Latvia, Yugoslavia); sailing vessels not exceeding 300 tons registered in respect of master and navigating officer in charge of a watch (India)1; below 200 tons (Rumania,
(Rumania, Sweden); 25 tons or less (France).
(iv) Tonnage.
Vessels of very low tonnage, say 15 tons and under (Irish Free State); under 15 tons gross registered tonnage (Australia); vessels under 25 tons (Belgium); tons under 50 tons gross (Japan); under 100
1 See also post, p. 78.
2 See also post, p. 78.
3 The Australian Government refers to the regulations in force iu that country which apply to "every British ship registered in Australia or engaged in the coasting trade (other than a limited coast-trade or river and bay ship of less than fifteen tons gross registered tonnage).”
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