RESTRICTED
031
MDLOAN
57
PROPOSALS ON HEALTH AND SAFETY GROUNDS. HOWEVER, THEY DO HAVE THE
FOLLOWING COMMENTS:
(A) IN SECOND TUR, PARA 2(A): TO CLARIFY THE FIRST SENTENCE, A SECOND SENTENCE COULD BE ADDED TO SAY THAT APPROVAL MAY BE BY DESIGN TYPE. IN REFERENCES TO MAINTENANCE IN THE CSC, THE 'OWNER' MAY MEAN A LESSEE OR BAILEE IF, BY AGREEMENT BETWEEN THE PARTIES, THE LESSEE OR BAILEE IS TO ASSUME THE OWNER'S RESPONSIBILITY FOR MAINTENANCE AND EXAMINATION OF THE CONTAINER. ALTHOUGH INTERPRETATION OF 'OWNER' IS SUBJECT TO NATIONAL LEGISLATION, A BRIEF EXPLANATION OF 'OWNER' COULD BE GIVEN IN THIS PARAGRAPH SO THAT IT IS CONSISTENT WITH THE ANSWER TO QUESTION 1 IN PARA 5 ((A.1(B)) WHICH REFERS TO 'OWNERS OR LESSEES'.
(B) REGARDING SECOND TUR (PARA 3), THE SAFETY OF EVERYONE INVOLVED IN TRANSPORTING OR HANDLING CONTAINERS MAY BE AFFECTED BY FACTORS OTHER THAN THE STRUCTURAL SAFETY OF THE CONTAINERS. IT MAY BE BETTER TO SAY THAT ENSURING THE STRUCTURAL SAFETY OF CONTAINERS MAKES A MAJOR CONTRIBUTION TO ENSURING THE SAFETY OF THOSE INVOLVED IN THEIR HANDLING AND TRANSPORTATION.
4. WE HAVE NO FURTHER COMMENTS.
HURD
YYYY
MAIN
48
DISTRIBUTION
68
.LAW OF THE SEA CONVENTION
AMD
LEGAL ADVISERS
ECONOMIC ADVISERS
ERD
ESED
UND
PS
PS/MR LENNOX-BOYD
MR CROWE
MR BONE
ADDITIONAL
20
UNLOSC
NNNN
2
PAGE RESTRICTED
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