CAB129-37 — Page 913

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2. Where effet has been given to any provision of this Convention by a collec- tive agreement in pursuance of paragraph 1 of this Article, then notwithstanding anything contained in Article 9 of this Convention the Member shall not be required to take any measures in pursuance of Article 9 of this Convention in respect of the provisions of the Convention to which effect has been so given by collective agreement.

3. Each Member ratifying this Convention shall supply to the Director-General of the International Labour Office information on the measures by which the Convention is applied, including particulars of any collective agreements in force which give effect to any of its provisions.

4. Each Member ratifying this Convention undertakes to take part, by means of a tripartite delegation, in any Committee representative of Governments and shipowners' and seafarers' organisations, and including, in an advisory capacity, representatives of the Joint Maritime Commission of the International Labour Office, which may be set up for the purpose of examining the measures taken to give effect to the Convention.

5. The Director-General shall lay before the said Committee a summary of the information received by him under paragraph 3 above.

or

6. The Committee shall consider whether the collective agreements reported to it give full effect to the provisions of the Convention. Each Member ratifying the Convention undertakes to give consideration to any observations suggestions concerning the application of the Convention made by the Com- mittee, and further undertakes to bring to the notice of the organisations of shipowners and of seafarers who are parties to any of the collective agreements mentioned in paragraph 1 any observations or suggestions of the aforesaid Committee concerning the degree to which such agreements give effect to the provisions of the Convention.

Article 22

1. Each Member which ratifies this Convention shall be responsible for the application of its provisions to vessels registered in its territory and shall, except where effect is given to the Convention by collective agreements, maintain in force laws or regulations which-

(a) determine the respective responsibilities of the shipowner and the master for ensuring compliance therewith;

(b) prescribe adequate penalties for any violation thereof;

(c) provide for adequate public supervision of compliance with Part IV of the Convention ;

(d) require the keeping of the records of hours worked necessary for the purposes of Part III of the Convention and of the compensation granted in respect of overtime and of excess hours of work;

(e) ensure to seafarers the same remedies for recovering payments due to them in respect of compensation for overtime and for excess hours of work as they have for recovering other arrears of pay.

2. The organisations of shipowners and seafarers concerned shall, so far as is reasonable and practicable, be consulted in the framing of all laws or regula- tions for giving effect to the provisions of this Convention.

Article 23

For the purpose of giving mutual assistance in the enforcement of this Conven- tion, every Member which ratifies the Convention undertakes competent very pot in its terrige linfoma8equire the

other appropriate authority of any other such Member of any case in which it comes to the notice of such authority that the requirements of the Convention are not being complied with in a vessel registered in the territory of that other Member.

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CONFÉRENCE INTERNATIONALE DU TRAVAIL