18 DE ABRIL DE 1998

1044-(179)

However, the recommendations in general represent an approach to the matters concerned which has been harmonized through discussion within IMO involving, where appropriate, consultation with the International Labour Organization, the International Telecommunication Union and the World Health Organization.

3 — Observance of the recommendations contained in this part will assist the Organization in achieving its goal of maintaining the highest practicable standards of. competence in respect of crews of all nationalities

and" ships of all flags.

4 — Guidance is provided in this part in respect of certain articles of the Convention, in addition to guidance on certain regulations in its annex. The numbering of the sections of this part therefore corresponds with that of the articles and the regulations of the Convention. As in part A, the text of each section may be divided into numbered parts and paragraphs, but such numbering is unique to that text alone.

Guidance regarding provisions of the articles SECTION B-I

Guidance regarding general obligations under the Convention

(No provisions.)

SECTION B-II Guidance regarding definitions and clarifications

1 — The definitions contained in article n of the Convention, and the definitions and clarifications contained in regulation 1/1 of its annex, apply equally to the terms used in parts A and B of this Code. Supplementary definitions which apply only to the provisions of this Code are contained in section A-I/l.

2 — The definition of «certificate» appearing in article n (c) provides for rhree possibilities:

1) The Administration may issue the certificate;

2) The Administration may have the certificate issued under its authority; or

3) The Adminis' ^tion may recognize a certificate issued by another Pv as provided for in regulation 1/10.

SECTION B-III Guidaiiv.^ ,egi ling the application of the Convention

1 — While the definition of «fishing vessel» contained in article n, paragraph (h), excludes vessels used for catching fish, whales, seals, walrus or other living resources of the sea from application of the Convention, vessels not engaged in the catching activity cannot enjoy such exclusion.

2 — The Convention excludes all wooden ships of primitive build, including junks.

SECTION B-IV

Guidance regarding the communication of information

In paragraph (1) (b) of article iv, the words «where appropriate» are intended to include:

1) The recognition of a certificate issued by another Party; or

2) The issue of the Administration's own certificate, where applicable, on the basis of recognition of a certificate issued by another Party.

SECTION B-V

Guidance regarding other treaties and interpretation

The word «arrangements» in paragraph (1) of article v is intended to include provisions previously established between States for the reciprocal recognition of certificates.

SECTION B-VI Guidance regarding certificates

(See the guidance given in sections B-II and B-II2.)

A policy statement and an outline of the procedures to be followed should be published for the information of companies operating ships under the flag of the Administration.

SECTION B-VII

Guidance regarding transitional provisions

Certificates issued for service in one capacity which are currently recognized by a Party as an adequate qualification for service in another capacity, e. g. chief mate certificates recognized for service as master, should continue to be accepted as valid for such service under article vu. This acceptance also applies to such certificates issued under the provisions of paragraph 2 of article vu.

SECTION B-VIH

Guidance regarding dispensations

A policy statement and an outline of the procedures to be followed should be published for the information of companies operating ships under the flag of the Administration. Guidance should be provided to those officials authorized by the Administration to issue dispensations. Information on action taken should be summarized in the initial report communicated to the Secretary-General in accordance with the requirements of section A-I/7.

SECTION B-1X

Guidance regarding equivalents

1 — Naval certificates may continue to be accepted and certificates of service may continue to be issued to naval officers as equivalents under article ix, provided that the requirements of the Convention are met.

SECTION B-X Guidance regarding control

(No provisions. See section B-I/4.)

SECTION B-XI

Guidance regarding the promotion of technical co-operation

1 — Governments should provide, or ai. ange to provide, in collaboration with IMO, assistance to States which have difficulty in meeting the requirements of the Convention and which request such assistance.