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effect during the terms thereof as regards:

.1 - Fishing vessel personnel to whom this Convention does not apply; and

.2 - Fishing vessel personnel to whom this Convention applies, in respect of matters for which it has not

expressly provided.

2 – To the extent, however, that such treaties, conventions or arrangements conflict with the provisions of the

Convention, the Parties shall review their commitments under such treaties, conventions and arrangements with

a view to ensuring that there is no conflict between these commitments and their obligations under the

Convention.

3 – All matters which are not expressly provided for in the Convention remain subject to the legislation of

Parties.

Article 6

Certification

Fishing vessel personnel shall be certificated in accordance with the provisions of the annex to this

Convention.

Article 7

National provisions

1 – Each Party shall establish processes and procedures for the impartial investigation of any reported

incompetency, act or omission, that may pose a direct threat to safety of life or property at sea or to the marine

environment, by the holders of certificates or endorsements issued by that Party in connection with their

performance of duties related to their certificates and for the withdrawal, suspension and cancellation of such

certificates for such cause and for the prevention of fraud.

2 – Each Party shall prescribe penalties or disciplinary measures for cases in which the provisions of its

national legislation giving effect to this Convention are not complied with in respect of vessels entitled to fly its

flag or of fishing vessel personnel duly certificated by that Party.

3 – In particular, such penalties or disciplinary measures shall be prescribed and enforced in cases in which:

.1 - An owner, owner’s agent or skipper has engaged a person not holding a certificate as required by this

Convention;

.2 - A skipper has allowed any function or service in any capacity required by these regulations to be performed

by a person holding an appropriate certificate to be performed by a person not holding an appropriate certificate

or dispensation; or

.3 - A person has obtained by fraud or forged documents an engagement to perform any function or serve in

any capacity required by these regulations to be performed or filled by a person holding a certificate or

dispensation.

4 – A Party within whose jurisdiction there is based an owner or owner’s agent or any person who is believed

on clear grounds to have been responsible for, or to have knowledge of, any apparent non-compliance with the

Convention specified in paragraph 3, shall extend all co-operation possible to any Party which advises it of its

intention to initiate proceedings under its jurisdiction.

Article 8

Control

1 – Fishing vessels, while in the port of another Party, are subject to control by officers duly authorized by that

Party to verify that all persons serving on board who are required to be certificated by this Convention are so

certificated or hold an appropriate dispensation.