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15 DE MAIO DE 2019

17

control arises through a situation of force majeure,

nor to fishers working on such vessels.

3. Each Member which avails itself of the possibility afforded in paragraph 1 shall:

a) in its first report on the application of this Convention submitted under article 22 of the Constitution of the

International Labour Organisation:

(i) indicate the provisions of the Convention to be progressively implemented;

(ii) explain the reasons and state the respective positions of representative organizations of employers

and workers concerned, and in particular the representative organizations of fishing vessel owners

and fishers, where they exist; and

(iii) describe the plan for progressive implementation: and

(b) in subsequent reports on the application of this Convention, describe measures taken with a view to

giving effect to all of the provisions of the Convention.

Article 5

1. For the purpose of this Convention, the competent authority, after consultation, may decide to use length

overall (LOA) in place of length (L) as the basis for measurement, in accordance with the equivalence set out in

Annex I. In addition, for the purpose of the paragraphs specified in Annex III of this Convention, the competent

authority, after consultation, may decide to use gross tonnage in place of length (L) or length overall (LOA) as

the basis for measurement in accordance with the equivalence set out in Annex II.

2. In the reports submitted under article 22 of the Constitution, the Member shall communicate the reasons

for the decision taken under this Article and any comments arising from the consultation.

PART II GENERAL PRINCIPLES

IMPLEMENTATION

Article 6

1. Each Member shall implement and enforce laws, regulations or other measures that it has adopted to

fulfil its commitments under this Convention with respect to fishers and fishing vessels under its jurisdiction.

Other measures may include collective agreements, court decisions, arbitration awards, or other means

consistent with national law and practice.

2. Nothing in this Convention shall affect any law, award or custom, or any agreement between fishing

vessel owners and fishers, which ensures more favourable conditions than those provided for in this

Convention.

COMPETENT AUTHORITY AND COORDINATION

Article 7

Each Member shall

(a) designate the competent authority or authorities; and

(b) establish mechanisms for coordination among relevant authorities for the fishing sector at the national

and local levels, as appropriate, and define their functions and responsibilities, taking into account their

complementarities and national conditions and practice.

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