BWBV0003452
Geldig vanaf 01-01-2012
Artikel I/5
Internationaal Verdrag betreffende de normen voor zeevarenden inzake opleiding, diplomering en wachtdienst, 1978
1. Each Party shall establish processes and procedures for the impartial investigation of any reported incompetency, act, omission or compromise to security 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 take and enforce appropriate measures to prevent fraud and other unlawful practices involving certificates and endorsements issued.
3. Each Party shall prescribe penalties or disciplinary measures for cases in which the provisions of its national legislation giving effect to the Convention are not complied with in respect of ships entitled to fly its flag or of seafarers duly certificated by that Party.
4. In particular, such penalties or disciplinary measures shall be prescribed and enforced in cases in which:
.1 a company or a master has engaged a person not holding a certificate as required by the Convention;
.2 a master 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 the required certificate, a valid dispensation or having the documentary proof required by regulation I/10, paragraph 5; 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.
5. A Party, within whose jurisdiction there is located any company which, 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 4, shall extend all co-operation possible to any Party which advises it of its intention to initiate proceedings under its jurisdiction.
2. Each Party shall take and enforce appropriate measures to prevent fraud and other unlawful practices involving certificates and endorsements issued.
3. Each Party shall prescribe penalties or disciplinary measures for cases in which the provisions of its national legislation giving effect to the Convention are not complied with in respect of ships entitled to fly its flag or of seafarers duly certificated by that Party.
4. In particular, such penalties or disciplinary measures shall be prescribed and enforced in cases in which:
.1 a company or a master has engaged a person not holding a certificate as required by the Convention;
.2 a master 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 the required certificate, a valid dispensation or having the documentary proof required by regulation I/10, paragraph 5; 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.
5. A Party, within whose jurisdiction there is located any company which, 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 4, shall extend all co-operation possible to any Party which advises it of its intention to initiate proceedings under its jurisdiction.
- Citeren als
- Art. I/5
- Geldig vanaf
- Status
- Geldend recht
- Identificatie
- BWBV0003452
- Officiële bron
- wetten.overheid.nl