Labor standards on Cypriot ships: myth and reality.ABSTRACT This Article offers a comprehensive comparative analysis of labor and social security standards on Cypriot and Greek ships. Potential cost savings for shipowners who register their ships in one country rather than the other may result from the absence of a given standard in the country of registration, or a lower or more flexible standard in that country than in the other. The authors conclude that the registration of ships in Cyprus does not provide overall advantages (in terms of "inferior" labor standards) over registration in Greece. Broadly speaking, shipowners may gain certain advantages by registering their ships in Cyprus with regard to working hours, manning, repatriation, and social security standards. However, the authors also show that shipowners registering their ships in Greece may gain advantages with respect to standards concerning repatriation of seamen, crew accommodation, and articles of agreement. The Article also explores changes in the labor and social security legislation of Cyprus, applicable to merchant ships flying its flag, that may be expected as a result of its entry into the European Union, and whether these changes are likely to affect the attractiveness of Cyprus as a place of registration for foreign shipowners. The authors conclude that an open registry in Cyprus may not automatically be antithetical to adequate labor standards, nor contrary to the interests of responsible shipowners. They predict that the influence of international law, and EC law in particular, on maritime labor standards will result in the continued attractiveness of Cyprus as a place of registration.
I. INTRODUCTION
II. THE MERCHANT SHIPPING (MINIMUM STANDARDS)
CONVENTION OF 1976 (CONVENTION NO. 147):
BENCHMARK FOR COMPARISON
III. COMPARISON OF LABOR STANDARDS ON CYPRIOT
AND GREEK SHIPS
A. Scope of Convention
No. 147 in Cyprus and in Greece
B. Safety Standards (Article 2, Paragraph (a)(i))
1. Qualifications
2. Standards for Hours of Work
3. Standards of Manning
4. Other Safety Standards
(a) Prevention of Accidents
(b) Minimum Age
(c) Medical Examination
(d) Food and Catering
(e) Repatriation of Seamen
C Social Security Standards: Sickness,
Injury, and Medical Care
D. Shipboard Conditions of Employment
and Living Arrangements:
Crew Accommodation
E. Other Matters Appended to Convention
No. 147
1. Articles of Agreement
2. Freedom of Association, Right
to Organize, and Collective
Bargaining
IV. RECENT DEVELOPMENTS CONCERNING CYPRUS
V. CONCLUSION
I. INTRODUCTION The objective of reducing high labor costs associated with crews in traditional maritime countries under conditions of tough competition in the international shipping transportation market is traditionally considered one of the principal motives for registration of ships in "open registry" or "flag of convenience" countries. (1) Correspondingly, one of the stereotypes associated with ships flying the "flag of convenience" is the low level of seamen's wages as well as low labor and social security standards. (2) In light of the statistics of maritime casualties, in which ships registered in these countries traditionally occupy leading positions, (3) and the campaign against "flags of convenience" conducted by the International Transport Workers' Federation (ITF), (4) both these countries and the shipowners registering their ships in such countries have acquired a certain negative image in public opinion. (5) Would one be justified in applying this stereotype to shipowners registering their ships in Cyprus, one of the five major "open registries" countries? (6) Would one be justified in presuming that labor standards on ships flying the flag of Cyprus are "second-class" or "inferior" as compared to standards on ships flying the flags of countries not classified as "open registries," based exclusively on the fact that Cyprus is considered an "open registry" country? The answer to this question is not obvious. On one hand, Cyprus has ratified a number of conventions of the International Labour Organization (ILO), covering a broad spectrum of aspects of maritime employment, notably the Merchant Shipping (Minimum Standards) Convention of 1976 (Convention No. 147), a universal instrument establishing the minimum internationally acceptable labor and social standards for merchant vessels, regardless of their place of registration. (7) Furthermore, Cyprus is currently in the process of joining the European Union. As a consequence, its legislation is undergoing revision to bring it into conformity with a comprehensive set of European Union regulations dealing with labor standards on merchant ships flying the flags of its members. (8) On the other hand, despite recent ratification of Convention No. 147 and expected changes in its legislation, Cyprus remains one of the most popular places for registration of ships by foreign shipowners. According to data of the U.N. Conference on Trade and Development (UNCTAD), as of January 1, 2002, based on the tonnage of registered ships of 1,000 or more Gross Registered Tonnage (GRT), Cyprus was ranked fifth (32,941,000 deadweight tonnage) among the countries of "Open Registry," behind Panama (171,874,000 dwt), Liberia (73,179,000 dwt), Bahamas (45,327,000 dwt), and Malta (42129000 dwt), and fourth (1,191 ships) based on the number of such ships, only behind Panama (4,419 ships), Liberia (1,436 ships), and Malta (1,287 ships). (9) At the same time, the Cypriot national shipowners accounted for only 756 dwt or 2.3 percent of the total tonnage of ships registered in Cyprus. The remaining tonnage belonged to foreign shipowners. (10) While Cyprus was ranked thirty-fourth among the thirty-five most important maritime countries and territories based on tonnage of ships of 1,000 or more GRT owned by its nationals, it would rank sixth in the world based solely on the tonnage of ships under the national flag (regardless of their true ownership), after the states above and also Greece (45,707,599 dwt); and sixth as well based on the number of such ships after the states above, the Russian Federation (2,156 ships), and China (1,584 ships). (11) Furthermore, taking into account that as of December 31, 1996, 1,348 vessels with the combined deadweight tonnage of 33,050 were registered under its flag, (12) it appears that the entry of this convention into force for Cyprus later that year did not cause any significant decrease in the number of ships registered there. Either the ratification of Convention No. 147 by Cyprus did not require any subsequent changes in its legislation; or these changes have been made but the legislation itself is not efficiently enforced; or, contrary to traditional belief, savings on labor costs as a result of lower labor standards is not the main reason shipowners choose to register their ships in Cyprus. Since several alternative explanations are possible as to why the ratification of Convention No. 147 by Cyprus has not resulted in a diminution of its attractiveness as a place to register ships from the point of view of labor costs, the labor and social security standards on ships flying its flag cannot be presumed to be "lower" in comparison with those on ships registered in "non-flag of convenience" countries. In order to establish the true level of labor standards on Cypriot ships, it is necessary to compare them with standards on ships of such a country. Taking into account that seventy percent of the tonnage of ships currently registered in Cyprus is owned by Greek nationals, (13) labor and social security standards on ships registered in Greece seems to be a logical point of comparison. This Article offers a comparative analysis of labor and social security standards on Cypriot and Greek ships. The comparison is carried out from the point of view of potential cost savings for shipowners, resulting either from an absence of a respective standard, (14) a "lower" standard, (15) or a "more flexible" standard. (16) The Article also discusses what changes in the labor and social security legislation of Cyprus, applicable to merchant ships flying its flag, could be expected as a result of its entry into the European Union, and whether these changes could affect the attractiveness of Cyprus as a place of registration for foreign shipowners. Since Convention No. 147, prescribing a comprehensive set of labor standards on merchant ships, has been ratified by both Cyprus and Greece, (17) it may be used as a benchmark for comparison of labor standards on Cypriot and Greek ships. Before such comparison is made, it is desirable briefly to discuss the content of its main provisions. II. THE MERCHANT SHIPPING (MINIMUM STANDARDS) CONVENTION OF 1976 (CONVENTION NO. 147): BENCHMARK FOR COMPARISON The Merchant Shipping (Minimum Standards) Convention (Convention No. 147) was adopted at the sixty-second session of the International Labour Conference in 1976 and entered into force on November 28, 1981. (18) As of January 31, 2004, it had been ratified by forty-five countries. (19) This Convention constitutes what is probably the most important international instrument on maritime labor standards, notably aiming at the problem of substandard ships. (20) It is supplemented by the Merchant Shipping (Improvement of Standards) Recommendation of 1976 (Convention No. 155). (21) Furthermore, the Protocol to Convention No. 147 was adopted at the eighty-fourth session of the International Labour Conference in 1996. (22) The latter attaches significance to port state control over labor and social conditions. (23) Furthermore, it is worth noting the following main characteristics of Convention No. 147. First, within the framework of port state control established by Article 4 of Convention No. 147, the Convention is also applicable to vessels flying the flag of a member state which has not ratified it. (24) Second, member states which have not ratified the Conventions listed in the Appendix to Convention No. 147 must ensure "substantial equivalence" to a number of obligations stemming from the Conventions or Articles of the Convention in question. Last but not least, while the success of Convention No. 147 is not in question, further measures should be considered as regards its effective application, especially in the light of the limited application of the instrument in parts of the world where a low rate of ratification is recorded, as well as in light of the current consolidation process of the ILO maritime instruments. It should, moreover, be stressed that, in Asia, only India and Japan have ratified the instrument and that much progress has to be achieved as regard to its ratification in Latin America as well. In connection with prerequisites to ratification, Convention No. 147 states that it is open to ratification by members who (a) are parties to the International Convention for the Safety of Life at Sea, 1960, or the International Convention for the Safety of Life at Sea, 1974, or any Convention subsequently revising these Conventions; and (b) are parties to the International Convention on Load Lines, 1966, or any Convention subsequently revising that Convention; and (c) are parties to, or have implemented the provisions of, the Regulations for Preventing Collisions at Sea of 1960, or the Convention on the International Regulations for Preventing Collisions at Sea, 1972, or any Convention subsequently revising those international instruments. (25) It was felt during the discussion of the draft Convention at the sixty-second session of the International Labour Conference, that the social and labor standards laid down in Convention No. 147 could not be dissociated from the basic safety standards contained in the International Maritime Organization (IMO) instruments. (26) As far as countries not party to IMO instruments are concerned, the Convention provides for ratification of the aforementioned upon their undertaking--in the form of a formal declaration by the member state concerned--progressively to comply with all requirements. (27) Convention No. 147 applies to every seagoing ship, "whether publicly or privately owned, which is engaged in the transport of cargo or passengers for the purpose of trade or is employed for any other commercial purpose." (28) "National laws or regulations shall determine when ships are to be regarded as seagoing ships for the purpose of the Convention." (29) The Convention applies to seagoing-tugs, (30) but does not apply to ships "primarily propelled by sail, whether or not they are fitted with auxiliary engines; ships engaged in fishing or in whaling or in similar pursuits; or small vessels and vessels such as oil rigs and drilling platforms when not engaged in navigation." (31) "The decision as to which vessels are covered by this latter category is to be taken by the competent authority in each country in consultation with the most representative organizations of shipowners and seafarers." (32) Each member of the ILO which ratifies Convention No. 147 undertakes to have laws or regulations for ships registered in its territory, laying down (i) safety standards, including standards of competency, hours of work and manning, so as to ensure the safety of life on board ship; (ii) appropriate social security measures; and (iii) shipboard conditions of employment and shipboard living arrangements, insofar as these, in the opinion of the Member, are not covered by collective agreements or laid down by competent courts in a manner equally binding on the shipowners and seafarers concerned; and to satisfy itself that the provisions of such laws and regulations are substantially equivalent to the Conventions or Articles of Conventions referred to in the Appendix to this Convention, insofar as the Member is not otherwise bound to give effect to the Conventions in question. (83) The Appendix to Convention No. 147 lists the following ILO Conventions: the Minimum Age Convention of 1973 (Convention No. 138), or the Minimum Age (Sea) Convention (Revised) of 1936 (Convention No. 58), or the Minimum Age (Sea) Convention of 1920 (Convention No. 7); the Shipowners' Liability (Sick and Injured Seamen) Convention of 1936 (Convention No. 55), or the Sickness Insurance (Sea) Convention of 1936 (Convention No. 56), or the Medical Care and Sickness Benefits Convention of 1969 (Convention No. 130); the Medical Examination (Seafarers) Convention of 1946 (Convention No. 73); the Prevention of Accidents (Seafarers) Convention of 1970 (Convention No. 134) (Articles 4 and 7); the Accommodation of Crews Convention (Revised) of 1949 (Convention No. 92); the Food and Catering (Ships' Crews) Convention of 1946 (Convention No. 68) (Article 5); the Officers' Competency Certificates Convention of 1936 (Convention No. 53) (Articles 3 and 4); the Seamen's Articles of Agreement Convention of 1926 (Convention No.22); the Repatriation of Seamen Convention of 1926 (Convention No. 23); the Freedom of Association and Protection of the Right to Organize Convention of 1948 (Convention No. 87); and the Right to Organize and Collective Bargaining Convention of 1949 (Convention No. 98).34 Convention No. 147 itself explicitly states that, "[n]othing in the Convention shall be deemed to extend the scope of the Conventions referred to in the Appendix to the Convention or the provisions contained therein." (35) The formula "insofar as the Member is not otherwise bound" means that when the member has ratified both Convention No. 147 and any other ILO Convention(s) listed in the Appendix to Convention No. 147, that member has the duty to ensure strict compliance. (36) On the contrary, where the member has ratified Convention No. 147 but has not ratified any specific ILO Convention listed in the Appendix, it does not have a duty to ensure strict compliance with ILO Conventions but instead has the duty to apply those conventions on the basis of the principle of "substantial equivalence." The next question to be raised is what "substantially equivalent" means. This question was examined in 1990 by the Committee of Experts on the application of Conventions and Recommendations in a General Survey of labor standards on merchant ships. (37) The Committee of Experts has pointed out that, where there is not full conformity with the Convention's Appendix, the test that the Committee will apply involves first determining the general goals of a given Convention its objects and purposes. (38) These may take the form of one main goal and several subordinate goals. The test for substantial equivalence will then be, first, whether the state has demonstrated its respect for or acceptance of the main general goals of the Convention, and enacted laws or regulations which are conducive to their realization; and, if so, whether the effect of such laws or regulations is to ensure that in all material respects the subordinate goals of the Convention are achieved,a9 In practice, this means that, in the absence of ratification of a Convention listed in the Appendix by a member, national laws, and regulations adopted with regard to the appended Convention can be different in detail. Attention should be paid to the capacity of national provisions to realize the general goals laid down in the appended instruments. Another obligation stemming from Convention No. 147 for ratifying member states is to ensure effective jurisdiction or control over ships registered in their territory in respect of (i) safety standards, including standards of competency, hours of work and manning, prescribed by domestic legislation; (ii) social security measures prescribed by national laws or regulations; (iii) shipboard conditions of employment and shipboard living arrangements prescribed by domestic legislation or laid down by competent courts in a manner equally binding on the shipowners and seafarers concerned. (40) As was clarified by the Committee of Experts, a state's acceptance of "jurisdiction" must be manifested first by the competent judicial authorities taking jurisdiction over ships registered in the territory, whether or not those ships themselves are present in the territory, and second, by the administrative authorities exercising their control by whatever means are appropriate, but especially by inspection. (41) Moreover, an obligation is prescribed by Convention No. 147 in relation to the existence of adequate procedures for the "engagement of seafarers on ships registered in a member's territory and for the investigation of complaints arising in that connection." (42) Adequate procedures must also be prescribed for the investigation of complaints made with regard to the engagement in a member's territory of seafarers of its own nationality on ships registered in a foreign country. (43) The ratifying member is also under the obligation to "ensure that seafarers employed on ships flying its flag are properly qualified or trained for the duties for which they are engaged;" (44) "to verify by inspection or other appropriate means that ships registered in its territory comply with applicable international labour Conventions in force which it has ratified, with the laws and regulations required" by Article 2(a) of the Convention and, "as may be appropriate under national law, with applicable collective agreements;" (45) and "to hold an official inquiry into any serious marine casualty involving ships registered in its territory." (46) Any Member which has ratified Convention No. 147 shall, insofar as practicable, advise its nationals on the possible problems of signing on a ship registered in a State which has not ratified the Convention, until it is satisfied that standards equivalent to those fixed by Convention No. 147 are being applied. (47) Convention No. 147 also addresses the situation in which a "Member which has ratified the Convention and in whose port a ship calls in the normal course of its business or for operational reasons receives a complaint or obtains evidence that the ship does not conform to the standards of the Convention." (48) In such a case, the member may prepare a report addressed to the government of the country in which the ship is registered, with a copy to the Director-General of the ILO, and may take measures necessary to rectify any conditions which are clearly hazardous to safety or health. (49) The ratifying member in whose port the above situation occurs is not obliged to take the steps prescribed by Convention No. 147 but has the discretionary power to do so, (50) which is a limitation on the effectiveness of the Convention. (51) Two further points must be stressed. First, there is the success of Convention No. 147 due to the extension of control by ratifying port states to vessels calling at their ports regardless of the ratification of Convention No. 147 by the registration country. Second, the mechanism established by Article 4 of Convention No. 147 is activated on the occasion of inspections conducted under other international instruments or national provisions (IMO, etc). (52) Recommendation No. 155 calls upon each ILO Member to ensure that the provisions of the laws and regulations provided for in Article 2(a) of Convention No. 147 and the provisions of collective agreements that deal with shipboard conditions of employment and shipboard living arrangements are at least equivalent to the conventions or articles of conventions referred to in the Appendix to Convention No. 147. (53) In addition, steps should be taken to formulate laws, regulations, or appropriate collective agreements containing provisions at least equivalent to the provisions of the instruments referred to in the Appendix to the Recommendation. (54) Finally, each member that ratifies the Protocol of 1996 to Convention No. 147 must extend the list of conventions appearing in the Appendix to Convention No. 147 to include the conventions in Part A of the Supplementary Appendix, (55) as well as any of the conventions listed in Part B of that Appendix that it accepts. (56) III. COMPARISON OF LABOR STANDARDS ON CYPRIOT AND GREEK SHIPS A. Scope of Convention No. 147 in Cyprus and in Greece The main acts implementing provisions of Convention No. 147 under Cypriot law (57) are the Merchant Shipping (Masters and Seamen) Law No. 46 of 1963 (as amended) (58) and Law No. 13(III) of 1995 ratifying the Merchant Shipping (Minimum Standards) Convention of 1976 (Convention No. 147). (59) In accordance with Law No. 13(III), unless law otherwise provides, the provisions of the Convention, of law, and of the regulations issued by virtue of this law are applied to all Cypriot sea-going ships wherever they might be, to all seamen working aboard such ships, and to all foreign seagoing ships approaching the ports of Cyprus, as well as to all seamen working on board. (60) The main acts implementing provisions of Convention No. 147 in Greece are the ratification Law No. 948 of 1979, (61) the Code of Private Maritime Law, (62) and the Code of Public Maritime Law. (63) Both codes are applicable to "ships," and the provisions of Title III (The master), Title IV (The crew), Title VI (Affreightments), Title VII (Transfer of ownership of a ship as security for a debt"), Title XII (Collision between ships), Title XIII (Claims arising out of assistance at sea) and Title XIV (Marine insurance) of the Code of Private Maritime Law apply by analogy to any other floating structure. (64) The term "ship" within the meaning of the Code of Private Maritime Law refers to any vessel of not less than ten net register tons intended to navigate at sea by its own means of propulsion. (65) Similarly, under the Code of Public Maritime Law, a "ship" is any vessel intended to navigate on the water and involved in the transportation of passengers or goods, towage, salvage, fishing, scientific research, or navigation for pleasure or for other purposes. (66) Tugs in Greece are covered by the scope of Convention No. 147, because the aforementioned definitions of "ship" cover sea-going tugs. As may be seen, there are no differences in the scope of application of Convention No. 147 in Cyprus and in Greece, because in both countries this Convention is applicable to the same types of ships. Therefore, from the point of view of eventual exclusion of certain types of seagoing ships from the application of standards prescribed by Convention No. 147, there are no obvious advantages to registering sea-going vessels in Cyprus over registering them in Greece. B. Safety Standards (Article 2, Paragraph (a)(i)) 1. Qualifications The standards of qualifications of officers are set forth by Convention No. 53. (67) Neither Greece nor Cyprus has ratified this Convention. (68) Thus, in accordance with Article 2(i)(a) of Convention No. 147 they must have laws or regulations on this matter ensuring that their provisions are substantially equivalent to Articles 3 and 4 of Convention No. 53. Article 3 of Convention No. 53 prohibits any person filling the positions of master, skipper, navigator in charge of a watch, chief engineer, or engineer officer in charge of a watch who does not hold a certificate of competency to perform such duties, issued or approved by the public authority of the territory where the vessel is registered. (69) Exceptions to the provisions of this Article may be made only in cases of force majeure. (70) Article 4 would also deny a certificate of competence to any person who does not meet minimum age and experience requirements, and who has not passed the appropriate examinations. (71) The Convention requires that national laws or regulations prescribe these minimums and provide for the organization and supervision by the competent authority of one or more examinations for the purpose of testing whether candidates for competency certificates possess the qualifications necessary for performing the duties corresponding to the certificates for which they are candidates. (72) Also, any member of the organization may, within three years of ratification, issue competency certificates to persons who have not passed the examinations but who have in fact had sufficient practical experience corresponding to the certificate in question and who have no record of any serious technical error against them. (73) As was pointed out by the Committee of Experts, substantial equivalence to these articles essentially involves a licensing system which is compulsory (Article 3) and in which both experience leading to demonstrable ability on ship--and the examination of qualifications are required (Article 4). (74) Furthermore, as indicated in the footnote to the Appendix to Convention No. 147, in cases where the established licensing system or certification structure of a state would be prejudiced by problems arising from strict adherence to the relevant standards of Convention No. 53, the principle of substantial equivalence is designed to be applied so that there will be no conflict with that state's established arrangements for certification. (75) As concerns the substantial equivalence in Cypriot legislation, in accordance with the Merchant Shipping (Masters and Seamen) Law 1963-2002, (76) the personnel of a Cypriot ship (77) must consist of a master and seamen who are holders of both certificates of maritime competency and certificates of any specialized training required as well as of other professionals who are not seamen but are holders of special licenses to practice their professions and who are employed with the approval of the appropriate authority. Every person serving on a Cypriot ship must be furnished with the appropriate certificates for such a position, issued and endorsed in accordance with the provisions prescribed by Cypriot legislation. (78) The Cypriot legislation is not substantially equivalent with respect to the possibility of granting exemptions in the event of "force majeure." Under Law 109(1)/2000, in circumstances of exceptional necessity, the competent authority, at the company's request--if in its opinion this does not cause danger to persons, property, or the environment--may issue a dispensation permitting a specified seafarer to serve in a specified ship for a specified period not exceeding six months in the capacity of chief mate or second engineer officer, for which he does not hold the appropriate certificate, provided that that person is adequately qualified to fill the vacant post without risk (in the judgment of the competent authority). Dispensations are not granted for the capacity of radio officer or radiotelephone operator, except as provided by the relevant radio communication regulations. (79) Dispensations are not granted to a master or chief engineer officer except in circumstances of force majeure and then only for the shortest possible period. Any dispensation granted for a post must be granted only to a person properly certified to fill the post immediately below the post that he holds. (80) These provisions of Law 109(I)/2000 are not substantially equivalent to Article 3 because they do not list the navigating officer in charge of a watch and the engineer officer in charge of a watch among those officers to whom the dispensation could be granted only in cases of force majeure. Thus, it appears that under Cypriot law, exceptions to the certification requirements of Convention No. 53 could be granted to navigating officers in charge of a watch and engineer officers in charge of a watch not only in cases of force majeure but also in "circumstances of exceptional necessity," which is broader than cases of "force majeure." (81) Law No. 13(III) of 1995, in regulating the conditions of obtaining certificates of competency, dictates that no person has the right to obtain the certificate of seamen unless: (a) this person has already reached the minimum age limit required for the issue of this certificate; (b) the duration of his professional experience is equal to or longer than the minimum limit prescribed for the issue of the certificate; and (c) this person has passed the examinations organized and supervised by the Competent Authority for the purpose of checking whether he possesses the qualifications necessary for performing the duties corresponding to the certificate for which he is a candidate. (82) Cypriot legislation also provides for a minimum age and minimum period of professional experience for each grade of competency certificates, (83) including certificates for personnel in charge of a navigational watch, certificates for personnel in charge of an engineering watch, and certificates for ratings forming part of a navigational or an engineering watch. (84) Cypriot legislation also requires minimum periods of professional experience to obtain various grades of certificates. (85) Finally, provisions laid down in Cypriot legislation ensure organization and supervision (86) by the competent authority of examinations related to the grant of certificates of competency. (87) Thus, it seems that the provisions of the Cypriot legislation are substantially equivalent to Articles 3 and 4 of Convention No. 53, except for the possibility of granting exceptions from certification requirements to navigating officers in charge of a watch and engineer officers in charge of a watch in "circumstances of exceptional necessity." Greece applies Convention No. 53 through the compulsory licensing system of officers employed on Greek ships prescribed by Sections 73-86 of the Code of Public Maritime Law and by several other provisions, notably Presidential Decree No. 435 of 1978. (88) Under the Code, in order to obtain a diploma or a certificate of professional capacity of a seaman, it is necessary to reach the age of twenty years, unless one has successfully completed his studies at merchant marine schools in the public sector or at other recognized schools, and has the right to obtain a diploma or a certificate of professional capacity upon reaching the age of nineteen years. At the same time, in the two preceding cases the candidate should not be more than sixty years of age. (89) Presidential Decree No. 435 of 1978 prescribes the minimum professional experience required of an officer in charge of a watch (90) and of an engineer officer in charge of a watch. (91) The Decree also requires that candidates who wish to obtain the competency certificate in order to perform duties of officer and engineer officer in charge of a watch pass certain examinations (92) and prescribes the content of these examinations. (93) The legislation of Greece does not give full effect to the requirements of the Convention, however, in granting exemptions in case of "force majeure." Under Presidential Decree No. 455 of 1983, (94) in the event of exceptional necessity, seafarers may be granted permits of engagement which give them the right to be engaged on a specific vessel for a specific period, not longer than six months. (95) Such exceptional permits of engagement must not be granted to the Master and Chief Engineer, (96) or to the radio officer or radiotelephone operator except as provided by the relevant international regulations in force. (97) Since Presidential Decree No. 455 does not include the navigating officer in charge of a watch and the engineer officer in charge of a watch among those seafarers to whom the dispensation could be granted only in cases of force majeure, it appears that, under the Decree, dispensations to these two groups of officers could be granted not only in cases of force majeure, but also in the "event of exceptional necessity." Since the scope of the term "event of exceptional necessity" is broader than that of the term "case of force majeure," these provisions of the Presidential Decree are contrary to Article 3, paragraph 2 of the Convention. A comparison of the standards of qualifications of officers under Cypriot and Greek law allows us to draw the conclusion that, from the point of view of these standards, shipowners would not gain advantages from registering their ships in Cyprus instead of in Greece. Neither the legislation of Cyprus nor the legislation of Greece fully complies with the requirements of Article 3, paragraph 2 of Convention No. 53, and in both countries shipowners would be able to obtain dispensations of navigating officers in charge of a watch and engineer officers in charge of a watch not only in cases of force majeure, but also in "circumstances of exceptional necessity" or "events of exceptional necessity." The possibility of granting dispensations of navigating officers in charge of a watch and engineer officers in charge of a watch in cases not limited to those of force majeure, which is contrary to Convention No. 53, exists not only under the legislation of Cyprus and Greece, but also under the legislation of several other countries bound by Convention No. 147, who are, therefore, obliged to apply Articles 3 and 4 of Convention No. 53 on the basis of the principle of "substantial equivalence." For example, in Azerbaijan, under the Regulations on Ranks of Command Personnel of Sea-Going Ships, (98) the dispensation to a navigating officer in charge of a watch and an engineer officer in charge of a watch may be granted in "exceptional cases" which are not limited to cases of force majeure. (99) In Barbados, under Section 92(1) of the Shipping Act, (100) the Minister may exempt any ship or class of ships from the requirements of any regulation under Section 86 of the Act and any such exemption given under the section may be confined to a particular period or to one or more particular voyages. (101) Furthermore, anytime it appears that a ship may be unreasonably delayed because the owner is unable to provide officers in accordance with regulations made under Section 86, and the Minister is satisfied that (a) the owner has exercised due diligence to provide officers and (b) the ship is properly and efficiently manned for the voyage to be undertaken, the Minister may, upon written application by the owner, exempt that ship from any of the provisions of regulations. (102) In the Hong Kong Special Administrative Region of China under the Merchant Shipping (Seafarers) (Certification of Officers) Regulation, (103) the authority may grant exemptions from any or all of its provisions when it sees fit and may, with reasonable notice, also alter or cancel any such exemption. (104) In Sweden, under Ship Safety Ordinance (1988:594) (105) and the Ordinance Concerning the Competency of Seafarers (1998:965), (106) exceptions from the requirements of competency can be granted by the authority which issued the safe manning decision of the manning regulations-generally the Swedish Maritime Administration--when there are extraordinary reasons (synnerliga skal) and when there is no reason to believe that this would be hazardous to safety if the ship were used in coastal trade or more extended trade, but only for a period not longer than six months. In the Russian Federation, under the Regulations on Certification of the Members of Crews of Sea-Going Ships, (107) the dispensation to hold the post of master or chief engineer officer is granted only in emergency circumstances and then only for the shortest possible period. (108) Furthermore, under the same regulations, the dispensation to hold the post of navigating officer in charge of a watch or engineer officer in charge of watch could be granted in exceptional cases (provided that this does not endanger persons, property, or the environment) for a period not exceeding six months. (109) In Ukraine, the conditions of issuance of competency certificates are still governed by Regulations on Ranks of Command Personnel of Sea-Going Ships, approved by Order No. 276 of the Ministry of Maritime Fleet of the USSR, December 29, 1983. (110) Since this Order was issued pursuant to Resolution No. 839 of the Council of Ministers of the USSR, the conditions of issuance of the privileged permits under the Regulations on Ranks are identical to those under the Regulations on Ranks of Command Personnel. While for the functions of master and chief engineer, a privileged permit may only be granted in cases of force majeure and for the shortest possible period (111) to a navigating officer in charge of a watch and an engineer officer in charge of a watch, such a privileged permit may be granted in "exceptional cases" which are not limited to cases of force majeure. The origins of this problem of non-compliance with Article 3, paragraph 2 of Convention No. 53 could be traced to the fundamental difference between Convention No. 53 and the IMO Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STCW Convention) as concerns the conditions for granting dispensation. As far as the dispensation of master and chief engineer are concerned, under Convention No. 53 and the STCW Convention, these conditions are practically the same. (112) While under Article 3, paragraph 2 the dispensation of master and chief engineer could be granted in circumstances of force majeure, under Article VIII of the STCW Convention the dispensation of master and chief engineer could be granted in circumstances of force majeure and then only for the shortest possible period. (113) However, as concerns the dispensation of a navigating officer in charge of a watch and an engineering officer in charge of a watch, under Convention No. 53 it could be granted only in circumstances of force majeure, whereas under the STCW Convention it could be granted in circumstances of exceptional necessity, "if in the opinion of the Administration this does not cause danger to persons, property or the environment, and for a specified period not exceeding six months." Apparently, the conditions for granting dispensations prescribed in the legislation of Cyprus and Greece (as well as of other above-mentioned countries) are based not on the formulation of Article 3, paragraph 2 of Convention No. 53, but rather on that of Article VIII of the STCW Convention. 2. Standards for Hours of Work Neither Convention No 147 nor any of the conventions listed in its Appendix establish by themselves any specific standards for working hours. Therefore, the evaluation of the compliance of national legislation with the requirements of Article 2(a) with respect to work standards would be primarily based upon indications from the Committee of Experts. According to the Committee, such requirements may be satisfied, at a minimum, by legislation laying down, in the light of safety demands, a reasonable normal daily limit on hours of work at sea for all officers and ratings; and the scope of their application should not be limited to watchkeepers. (114) The standards for hours of work on Cypriot ships are laid down in Part III of the Merchant Shipping (Safe Manning, Hours of Work and Watchkeeping) Law of 2000 (Law No. 105(I)/2000), (115) which is applicable to all Cypriot ships. (116) Under this law, subject to exceptions in cases of emergencies, (117) the company (118) has a duty and is obliged to ensure that as far as it is reasonably practicable, neither the master nor the seafarer work more hours than is safe in relation to the ship or more than required for the good performance of their duties. (119) The master has the same obligation in relation to the seafarers working on the ship. (120) Hours of rest in connection with the watchkeeping system are also prescribed by Law No. 105(I)/2000. Every company has the duty to ensure that at all times on its ships, there exists a watchkeeping system, which is arranged in such a manner that the efficiency of all watchkeeping personnel is not impaired by reason of fatigue. Duties must be organized in such a way that those keeping the first watch at the commencement of the voyage and those keeping subsequent watches are sufficiently rested and otherwise fit for duty. (121) In addition, every company is obliged to ensure that the watch keeping system on its ships is in compliance with the following provisions: (a) all persons assigned with duties of an officer in charge of a watch and all ratings forming part of a watch shall be provided with a minimum of ten hours of rest in any twenty-four hour period; (b) the hours of rest may be divided into no more than two periods, one of which shall be at least six hours in length and (c) notwithstanding the provisions of the abovementioned paragraphs (a) and (b), the minimum period of ten hours which is provided in them may be reduced to a period of at least six consecutive hours, provided that any such reduction shall not extend beyond two days and not less than seventy hours of rest in each seven day period is ensured. (122) It is the company's responsibility to establish and maintain the necessary policies and procedures which will ensure correct compliance with the provisions under (a), (b), and (C). (123) It should be noted each company is responsible for making a table of the watchkeeping arrangements for each of its ships. (124) The table in question, which must be posted in an easily accessible place on the ship for the information of seamen, must contain at least the maximum hours of work allowed by national legislation and the schedule of service at sea and in port for every watchkeeping position. It is the master's duty at all times to maintain the table in question and, as far as reasonably possible, to ensure that the hours of work specified therein are not exceeded. (125) A record of hours of work and hours of rest (also prescribed by Law No. 105(I)/2000) must be kept by the master, under the responsibility of the company. This record should register all data regarding hours of work and hours of rest of seamen taking part in watchkeeping, any deviation from the watchkeeping table, and reasons for any deviation. (126) The company is also obliged to maintain copies of the table and record for inspection purposes for a period of at least five years from the date the table was introduced. (127) As mentioned above, exceptions to the foregoing provisions which deal with emergencies are also laid down in this law. (128) The requirements for rest periods and for watch-keeping arrangements need not be maintained in the event of an emergency (especially when it would threaten the ship's safety, human life, or the environment), drill, or other operational situations of an overriding nature. Despite all this, in practice, specific limits on working time may also be prescribed in collective agreements. Collective agreements, in the Cypriot legal order, do not constitute a compulsory source of law. They do not have legislative force. (129) Consequently, not all ships flying the Cypriot flag are subject to them. Shipowners may decide whether to participate in the making of collective agreements, as well as whether to proceed with their application. The issue of standards for hours of work on Greek ships is addressed in the Code of Public Maritime Law and the Regulations on work of seamen on cargo ships of 800 tons or more which was approved by Royal Decree No. 806 of 1970. (130) Moreover, Greece has ratified the Seafarers' Hours of Work and the Manning of Ships Convention of 1996 (Convention No. 180). (131) Under the Code of Public Maritime Law, the period of time during which the crew members perform any work on board a vessel or for a vessel in accordance with the regulations of work on merchant vessels, collective agreements, or the orders of their superiors is considered working time. (132) In accordance with the Code, the maximum limit on working time for crew members on a vessel during the days of preparation for leaving the port or berthing is to be determined by presidential decree unless the regulations on work or any collective labor agreements provide otherwise. (133) The limits on additional working hours that exceed the normal working hours and that are usually ordered by the master of the ship based on his judgment are also to be determined by presidential decree unless regulations on work or collective labor agreements provide otherwise. (134) In practice, the specific limits on working time are prescribed in collective agreements. The maximum limits on additional working time, as an exception, can be exceeded in the following circumstances: (a) in case of extreme necessity, affecting the safety of the ship, the safety of passengers and cargo, or the rendering of assistance to other ships and persons in danger; (b) during salvage exercises, fire drills, or abandonment of the ship and, in general, during training provided for by the International Convention for the Safety of Life at Sea, currently in force; and (c) other exceptional cases defined by the Presidential Decree. (135) The existence of the conditions for the application of the above provision are to be determined by the master of the ship, based on his own judgment, and must be entered into the ship's logbook. (136) The comparison of standards for hours of work on Cypriot and Greek ships reveals that the legislation of Cyprus is more advantageous for shipowners to the extent that collective agreements have a limited application. While, in Cyprus, a shipowner without recourse to a collective agreement has unilateral discretion over the matter without involvement of seafarers, in Greece, the matter is settled by collective agreements, which constitute an obligatory source of law and are subject to uniform application on Greek ships (137) The absence of involvement of seafarers in the process of determination of appropriate limits on working hours on Cypriot ships to which no collective agreements are applicable enables shipowners to use greater discretion in prescribing these standards. As far as the standards are concerned, shipowners registering their vessels in Cyprus obtain a priori a competitive advantage over those registering their vessels in Greece, as the latter are required to involve seafarers in the process of the determination of hours of work through collective agreements, which are a compulsory source of law there. 3. Standards of Manning The absence of any specific standards of manning either in Convention No. 147 or in the Conventions listed in its Appendix makes it necessary once again to refer to the General Survey by the Committee of Experts. According to this, the essential requirement of Article 2(a)(i) of Convention No. 147 with respect to manning standards is that ships be sufficiently manned to ensure the safety of life on board. (138) Closely related to manning standards are standards determining the national composition of the crew. Unlike manning standards, these standards are outside the scope of Convention No. 147 and of the conventions listed in its Appendix. Similarly to the standards of manning, they affect the cost of operating the ship, though in a different way. While the legal requirement to have a certain number of duly qualified officers or ratings affects the overall size of the crew (the total number of wage-earners on board), the legal requirement to have a crew (or a certain part of a crew) of a certain nationality indirectly affects the amount of wages paid to the crew because it may preclude shipowners from recruiting seafarers from developing countries whose wage might be significantly lower than those paid to seafarers from the country of the ship's registration. In Cyprus, the standards of manning are laid down in Part II of Law No. 105(I)/2000. These provisions apply in principle to all Cypriot ships. (139) Under this law, every company (140) must ensure that every seaman assigned to any of its ships holds an appropriate certificate with respect to any function he is to perform on that ship and that every seaman on any of its ships has had training specified in the Merchant Shipping (Issue and Recognition of Certificates and Marine Training) Law of 2000 and holds the relevant certificates documenting his training, according to the duties to which he is assigned. (141) Moreover, the company is responsible, before employing a new crew member, for verifying the authenticity of his professional certificates and training documentation. (142) Appropriate procedures to be established by the company are also provided to ensure that a registry with all the documentation and dates relevant to seafarers employed on the company's ships are accessible for inspection. (143) The law also prescribes the content of the registry. (144) A registry kept by the company and copies of all documentation kept in the registry on the ship are also provided for. (145) The company must also ensure that seafarers, on being assigned to work on any of its ships, are familiarized with their specific duties and with all ship arrangements, installations, equipment, procedures, and ship characteristics that are relevant to their routine or emergency duties. (146) In the case of seafarers newly employed on the ship, the company must issue written instructions to the master of the ship, setting forth the policies and the procedures which must be followed to ensure that all seafarers in question are given a reasonable opportunity to become familiar with the shipboard equipment, operating procedures, and other arrangements needed for the proper performance of their duties before being assigned to those duties. (147) The law provides for the policies and procedures referred to above. (148) In addition, companies must familiarize all persons employed or engaged on company ships with personal survival techniques. (149) Effective coordination in emergency situations must also be ensured, in the sense that the company must ensure that the crew on its ships can effectively coordinate its activities in an emergency situation and perform duties vital to the safety of those on board and the prevention or mitigation of pollution. (150) Moreover, every company has a duty to ensure that the crew members of its ships are able to communicate by use of a common language in case of an emergency situation. (151) Furthermore, under Law 105(I)/2000, every company is obliged to ensure that ships are manned in accordance with the provisions it prescribes concerning the composition of the crewmembers and that each seafarer assigned to any of its ships holds an appropriate certificate with respect to the duties assigned to him. (152) The competent authority determines the organic composition of ships after a relevant application by the company and issues a document of safe manning of the ship. (153) With respect to its passenger ships, a company must submit for approval an emergency and evacuation plan (Muster List) in the event of danger. This plan will inform decisions regarding the number of crew members required to assist passengers in the event of abandonment of the ship and will help authorities prescribe the organic composition of the crew members. (154) In addition to the above, the master and two of the navigational officers of a cargo ship or three of the navigational officers of a passenger ship are obliged to possess the appropriate certificates. (155) Each person in charge of or executing duties related to radio operations on a ship that requires participation in the Global Maritime Distress and Safety System (GMDSS) must possess the appropriate certificate relating to this system, which is issued in accordance with the provisions of the Radio Operators Regulations and the requirements of the STCW Convention. (156) The master, officers, and ratings designated for the operation of lifeboats or inflatable life rafts must also possess the appropriate certificates of operator. (157) The master and seafarers designated to oversee firefighting operations must possess appropriate certificates or documentary evidence of training at an advanced level in fire fighting techniques, issued in accordance with the STCW Convention and recognized by a competent authority. (158) The company must ensure that a valid safe manning document is kept on board every ship at all times and that the manning of the ship is maintained at all times, at least to the level specified in the safe manning certificate. (159) The competent authority, in response to an application by the company, issues a safe manning certificate for a Cypriot ship, provided that all the prerequisites are complied with and the prescribed fee has been paid. (160) Thus, it appears that the legislation of Cyprus satisfies the requirements of Article 2(a) of Convention No. 147 concerning the manning of ships to guarantee the safety of life on board. Cyprus also regulates the national composition of the crews on Cypriot ships. Under the Merchant Shipping (Crew) (Minimum Percentage of Citizens of the Republic) Regulations, (161) Cypriots should constitute not less than fifteen percent of the crew on Cypriot ships. Nevertheless, since there are not many Cypriot seafarers available, (162) in practice this percentage is rarely observed. Bilateral agreements on merchant shipping between Cyprus and other countries set out provisions for the employment of properly qualified foreign seafarers. (163) The manning requirements for Greek ships are prescribed by the Code of Public Maritime Law. Under the Code, the crews of the ships must be composed of seamen who are, in principle, of Greek nationality, in possession of the certificate of professional capacity (diploma, certificate, license, or diploma based on experience) or scientific capacity, or other specialists possessing the license required for the exercise of their profession. (164) The organic composition of the crews is to be defined by presidential decrees and, in exceptional cases, by ministerial orders. (165) Thus, it appears that the legislation of Greece also complies with the standards of manning contained in Article 2(a) of Convention No. 147. As concerns the national composition of the crew on Greek vessels, the nationals of European Community countries may generally be engaged under the same conditions as Greek nationals. (166) Nevertheless, posts necessitating the exercise of public power, such as the post of master, continue to be reserved for Greek citizens, which is in conformity with EC law. (167) Foreign seafarers from countries other than EC member states may be exceptionally engaged on Greek ships if there are no Greek seafarers available, or if Greek seafarers offer themselves for engagement under conditions which are contrary to the provisions dealing with salaries and conditions of work on a ship. (168) Furthermore, under the Code of Public Maritime Law, foreigners may not constitute more than twenty-five percent of the crew (169) and, correspondingly, the remaining seventy-five percent has to be filled by Greek nationals or, subject to the above-mentioned conditions, by nationals of EC countries. Nevertheless, laws or presidential decrees may be adopted to decrease or adjust this restriction depending on the category of ship and the specialty of seafarers in question. (170) The comparison of manning standards on Cypriot and Greek ships reveals that, for shipowners, the legislation of Cyprus is more advantageous, not in the strict sense of manning standards requirements, but because of the divergence on the issue of engaging foreign seafarers. While the standards of manning of Greek ships are defined by presidential decrees or ministerial orders, standards in Cyprus are defined by the competent authority following the proposal submitted by the shipowner. More importantly, the required percentage of Cypriot seafarers employed on Cypriot ships (fifteen percent) is much lower than that of Greek seafarers to be employed on Greek ships (seventy-five percent). Thus, shipowners registering their ships in Cyprus are able to recruit seafarers from developing countries and are given the opportunity of applying collective agreements to Cypriot ships that, for example, might have been concluded with the seafarers' trade unions of the country of origin of the labor force. Therefore, shipowners are able to reduce the overall level of crew wages to a significantly greater degree than those registering their ships in Greece. In actuality, the possibility of paying lower wages to foreign seafarers is also prescribed in Greek law but on a smaller scale, within the framework of the special regime instituted by legislative decree No. 2687 of 1953 on the investment and protection of capital from abroad. Furthermore, this regime is applicable only in connection with specific ships. (171) 4. Other Safety Standards (a) Prevention of Accidents Greece has ratified the Prevention of Accidents (Seafarers) Convention of 1970 (Convention No. 134), (172) but Cyprus has not yet done so. Therefore, in accordance with Article 2(a) of Convention No. 147, Cyprus must pass laws or regulations substantially equivalent to Articles 4 and 7 of Convention No. 134. In accordance with Convention No. 134: Article 4 1. Provisions concerning the prevention of occupational accidents shall be laid down by laws or regulations, codes of practice or other appropriate means. (173) 2. These provisions shall refer to any general provisions on the prevention of accidents and the protection of health in employment which may be applicable to the work of seafarers, and shall specify measures for the prevention of accidents which are peculiar to maritime employment. (174) 3. In particular, these provisions shall cover the following matters:(a) general and basic provisions; (b) structural features of the ship; (c) machinery; (d) special safety measures on and below deck; (e) loading and unloading equipment; (f) fire prevention and fire-fighting; (g) anchors, chains and lines; (h) dangerous cargo and ballast; (i) personal protective equipment for seafarers. (175) Article 5 1. The accident prevention provisions referred to in Article 4 shall clearly specify the obligation of shipowners, seafarers and others concerned to comply with them. (176) 2. Generally, any obligation on the shipowner to provide protective equipment or other accident prevention safeguards shall be accompanied by provision for the use of such equipment and safeguards by seafarers and a requirement that they comply with the relevant accident prevention measures. (177) Article 6 1. Appropriate measures shall be taken to ensure the proper application of the provisions referred to in Article 4, by means of adequate inspection or otherwise.(178) 3. All necessary steps shall be taken to ensure that inspection and enforcement authorities are familiar with maritime employment and its practices. (179) 4. In order to facilitate application, copies or summaries of the provisions shall be brought to the attention of seafarers, for instance by display in a prominent position on board ship. (180) Article 7 Provision shall be made for the appointment, from amongst the crew of the ship, of a suitable person or suitable persons or of a suitable committee responsible, under the Master, for accident prevention. (181) Article 8 1. Programmes for the prevention of occupational accidents shall be established by the competent authority with the co-operation of shipowners' and seafarers' organisations. (182) 2. Implementation of such programmes shall be so organised that the competent authority, shipowners and seafarers or their representatives and other appropriate bodies may play an active part. (183) 3. In particular, national or local joint accident prevention committees or ad hoc working parties, on which both shipowners' and seafarers' organisations are represented, shall be established. (184) Article 9 1. The competent authority shall promote and, in so far as appropriate under national conditions, ensure the inclusion, as part of the instruction in professional duties, of instruction in the prevention of accidents and in measures for the protection of health in employment in the curricula, for all categories and grades of seafarers, of vocational training institutions. (185) 2. All appropriate and practicable measures shall also be taken to bring to the attention of seafarers information concerning particular hazards, for instance by means of official notices containing relevant instructions. (186) To have "substantial equivalence," according to the Committee of Experts, the essential features of Article 2(a) of Convention No. 147 in relation to Articles 4 and 7 of Convention No. 134, means that there should be laws or regulations on the nine general and specific subjects listed in Article 4(3) and that one or more crew members should be appointed as responsible for accident prevention under Article 7. (187) Substantial equivalence of the legislation of Cyprus to Articles 4 and 7 of Convention No. 134 is ensured by Law No. 13(III) of 1995 and the Merchant Shipping (Safety Regulations and Seamen) (Amendment) Law of 1963 (Law No. 38/63), for the implementation of which two series of regulations have been adopted. (188) Regarding the general measures and measures for the prevention of accidents which are peculiar to maritime employment, under the legislation of Cyprus, it is the joint responsibility of the shipowner and the master of every Cypriot sea-going ship to ensure that the necessary protective equipment is available and that protective measures are taken for the prevention of accidents and the protection of the health of seafarers during sea service. (189) As to the appointment of a suitable person to be responsible for accident prevention, (190) Cypriot legislation states that the master of every Cypriot sea-going ship is obliged to appoint an officer or officers under his supervision, who will be involved with the prevention of accidents on the ship. (191) Therefore, it appears that the provisions of the legislation of Cyprus are substantially equivalent to Articles 4 and 7 of Convention No. 134. Greece, in conforming to Convention No. 134, has national legislation covering basic general provisions such as structural features of the ship, (192) machinery, (193) special safety measures on and below deck, (194) loading and unloading equipment, (195) and fire prevention and fighting. (196) Furthermore, in Greece, the appointment of a suitable person or committee responsible under the master for accident prevention, (197) which is one of the requirements of Convention No. 134, is ensured by Ratification Law No. 486 of 1976. Therefore, it appears that the legislation of Greece gives full effect to the provisions of Convention No. 134. The comparison of the standards dealing with the prevention of accidents on Greek and Cypriot ships allows us to draw the conclusion that shipowners would not have any advantages in registering their ships in Cyprus over registering them in Greece. Since Convention No. 134 itself does not prescribe any specific standards that should be included in the rules of accident prevention (such as the amount of protective equipment or the number of technical specifications), the mere existence of laws or regulations, codes of practice, or other appropriate means covering the matters listed in the Convention would be sufficient for compliance with the requirements of the Convention, regardless of the exact standards prescribed by them. The legislation of Greece gives full effect to the provisions of Convention No. 134, whereas the provisions of the legislation of Cyprus are substantially equivalent to Articles 4 and 7 of the Convention. Therefore, from the point of view of the cost imposed on shipowners by the respective standards, the application of Convention No. 134 in Cyprus on the basis of the principle of "substantial equivalence" would not be significantly different from strict compliance with its provisions in Greece. (b) Minimum Age Of the three Conventions concerning minimum age [the Appendix to Convention No. 147 Minimum Age Convention of 1973 (Convention No. 138), Minimum Age (Sea) Convention (Revised) of 1936 (Convention No. 58), Minimum Age (Sea) Convention of 1920 (Convention No. 7)], both Greece (198) and Cyprus (199) are bound by Convention No. 138.
Convention No. 138 is a general instrument applicable to all
workers in any occupation, including seafarers. This Convention
itself does not establish any specific minimum age for admission
to employment, but rather indicates that such age shall be not
less than 15 years, except that in the event of insufficient
development of national economy and educational facilities this
may be reduced to 14 years. The respective Member ratifying the
Convention in a declaration appended to its ratification shall
specify the specific minimum age. Under Article 3 of the Convention,
the minimum age for admission to any type of employment or work
which by its nature or the circumstances in which it is carried out
is likely to jeopardise the health, safety or morals of young
persons shall not be less than 18 years, which under certain
conditions prescribed by the Convention may be reduced to 16
years. It is left to national legislation to decide whether this is
the case for maritime employment. (200)
Law No. 1182 of 1981 on the ratification of Convention No. 138 (201) and Law No. 1837 of 1989 concerning the protection of young persons in employment and other provisions give effect to Convention No. 138 in Greece. (202) In a declaration appended to ratification of the Convention, Greece has specified fifteen years as the minimum age for admission to employment and, as a result, it has denounced the Minimum Age (Sea) Convention of 1936 (Convention No. 58). (203) Since Convention No. 58 specifies fifteen years as the minimum age for admission to maritime employment, (204) the ratification of Convention No. 138 by Greece did not require the introduction of any amendments to the national legislation applying the provisions of Convention No. 58, namely Presidential Decree No. 543 of 1980 (205) and the Decision of the Ministry of Mercantile Marine of January 2, 1981 No. 70056/15. (206) Under Decree No. 543 of 1980, no person under fifteen years may be employed on board vessel. (207) Nevertheless, persons under fifteen years of age, but under no circumstances less than fourteen years old, could work on vessels upon which only members of their family were employed. (208) Cyprus has ratified Convention No. 138 by Law No. 17(III) of 1997. (209) In a declaration appended to its ratification, Cyprus has specified fifteen years as the minimum employment age and, as a result, it has also denounced the Convention No. 58. (210) Law No. 17(III) of 1997 reproduces the provisions of ILO Convention No. 138. (211) It should moreover be noted that, in connection with the employment of children and young persons on Cypriot ships, Part XIV of the Merchant Shipping (Masters and Seamen) Law 1963-2002 provides that no person under the age of sixteen years may be employed or work on a Cypriot ship other than one upon which only members of the same family are employed. (212) The comparison of standards prescribing the minimum age of admission to maritime employment in Greece and Cyprus reveals that, under the existing legislation of Greece, the minimum age is one year lower than under the existing legislation of Cyprus. But from the point of view of potential cost savings on sea-going ships, the practical effect of this one-year difference should not be overestimated. Moreover, under Convention No. 180, ratified by Greece in 2002, no person under sixteen years of age may work on the ship. (213) Therefore, it may be expected that in the near future the legislation of Greece will be brought into conformity with this requirement of Convention No. 180 and its legislation will be amended to increase the minimum age for admission to maritime employment from fifteen to sixteen years. (c) Medical Examination Greece has ratified the Medical Examination (Seafarers) Convention of 1946 (Convention No. 73), (214) but Cyprus has not. Thus, while Greece should ensure strict compliance with the provisions of this Convention, Cyprus should apply it on the basis of the principle of "substantial equivalence." Convention No. 73 requires every person who is engaged in any capacity on a seagoing vessel of 200 GRT or more, engaged in the transport of cargo or passengers for the purpose of trade, and registered in a territory for which the Convention is in force (except wooden vessels of primitive build such as dhows and junks, fishing vessels and estuarial craft), to produce a certificate attesting to his fitness. (215) The certificate must be signed by a medical practitioner or, in the case of a certificate solely concerning sight, by a person authorized by the competent authority to issue such a certificate, (216) This requirement is not applicable to pilots (who are not members of the crew), persons employed on board by an employer other than the shipowner, except radio officers or operators in the service of a wireless telegraphy company, travelling dockers (longshoremen) who are not members of the crew. (217) The nature of the medical examination and the particulars to be included in the medical certificate should be prescribed by a competent authority, after consultation with the shipowners' and seafarers' organizations concerned. (218) When prescribing the nature of the examination, due regard should be given to the age of the person to be examined and the nature of the duties to be performed. (219) In particular, the medical certificate shall attest: that the hearing and sight of the person and, in the case of a person to be employed in the deck department (except for certain specialist personnel, whose fitness for the work which they are to perform is not liable to be affected by defective color vision), his color vision, are all satisfactory; and that he is not suffering from any disease likely to be aggravated by, or to render him unfit for, service at sea or likely to endanger the health of other persons on board. (220) The medical certificate is only good for two years (221) or for six years with respect to color vision, from the date it is signed. (222) If the period of validity of a certificate expires in the course of a voyage the certificate shall continue to be in force until the end of that voyage. (223) In urgent cases the competent authority may allow a person to be employed for a single voyage without having satisfied the requirements. (224) Arrangements must be made to enable a person who, after examination, has been refused a certificate to apply for a further examination by an independent medical referee. (225) "Substantial equivalence," with Convention No. 73, according to the Committee of Experts, may be met where there are laws or regulations providing for compulsory regular medical examinations for seafarers, preferably every two years (six years with respect to color vision), but certainly more frequently than every five years; the certificate issued should attest to fitness of hearing, sight, and, where necessary in the deck department, color vision, and should attest to the absence of any disease (including but not limited to pulmonary tuberculosis) incompatible with service at sea or likely to endanger the health of others. There should preferably be arrangements for reexamination in the event of refusal of a certificate. (226) The substantial equivalence of provisions of the legislation of Cyprus to Convention No. 73 arises from the Merchant Shipping (Medical Examination of Seafarers and Issue of Certificates) Law of 2000 (the "Law No. 107(I)/2000"), (227) applying in principle to seagoing ships of 500 gross tons or more including tugboats. (228) Cypriot legislation in the above-mentioned instrument expressly provides for the application of the aforementioned law to non-Cypriot seagoing ships of 500 gross tonnage or more when they are in Cypriot ports or within the territorial waters thereof. Under the legislation of Cyprus, the engagement of a seafarer on a ship is subject to the possession by the seafarer of a valid medical fitness certificate. (229) It is the company's (230) responsibility to ensure that all persons employed on its ships to which Law No. 107(I)/2000 applies hold a valid and genuine medical fitness certificate. (231) The period of validity of the medical certificate under the legislation of Cyprus is subject to the following maximum periods: (a) with respect to seafarers under eighteen years of age, one year, and (b) with respect to seafarers over eighteen years of age, two years from the date of its issuance. (232) If the period of validity of the certificate expires in the course of a voyage, the certificate continues in force until the end of that voyage. (233) In addition, if the period of validity of a medical fitness certificate expires at a place where the medical examination of the seafarer in accordance with the provisions of the law is practically impossible, he may continue his sea service for a period of three months, from the date of expiration of the certificate. (234) In urgent cases, in the absence of medical certificate, (235) a person may be allowed employment for a single voyage, under Law No. 107(I)/2000. In circumstances of exceptional necessity, the employment of a specific seafarer on a specific ship for a specific voyage without a medical fitness certificate is possible. (236) In this case a relevant entry must be made in the journal and the official logbook of the ship and signed by the master and the seafarer concerned. (237) In addition to this, under the same provision, the terms of employment of a seafarer who has been employed under the provisions related to circumstances of exceptional necessity must be the same as the terms of employment for the rest of the seafarers employed in the same capacity furnished with a medical fitness certificate. (238) Therefore, the provisions of the above-mentioned Cypriot legislation seem to achieve the goals prescribed by Convention No. 73 and, therefore, are substantially equivalent to the provisions of this Convention. An important issue, with which the Convention does not deal but which is significant in Cyprus, concerns the recognition of medical certificates issued by the competent authority of another state. (239) Under Law 107(I)/2000, a medical fitness certificate issued in accordance with the provisions of Convention No. 73 or Convention No. 147 is deemed equivalent to a medical fitness certificate issued under this law, provided that it has been issued by a country the certificates of competency of which are recognized by the Republic of Cyprus in accordance with the Merchant Shipping (Issue and Recognition of Certificates and Maritime Training) Law of 2000. (240) Another important issue outside the scope of the Convention is who must bear the cost of the medical examination. As the legislation of Cyprus does not expressly deal with this point, the possibility may not be discounted that this cost might be borne by seafarers. Nevertheless, given that "[a]ny certificate of medical fitness of seafarers is issued in the Republic by approved medical practitioners of either the public or private sector," (241) it may be assumed that this cost may be avoided by seafarers by consulting a public doctor. Presidential Decree No. 591 of 1975 on the Medical Examination of Seafarers (242) and Circulars of the Minister of Mercantile Marine Nos. 70090/4384 (243) and 70090/4955 (244) give effect to Convention No. 73 in Greece. The presidential decree provides for the conduct of medical examinations in view of the issue of a medical certificate mainly for seafarers who are candidates for enrollment in maritime education. According to this instrument, medical examinations are carried out by public medical committees (245) and consequently it may be assumed that they are basically free of cost. Circular No. 70090/4384 requires that seafarers engaged for employment on Greek sea-going ships possess medical certificates attesting to their fitness for the work for which they are engaged, issued in Piraeus by the Ministry of Mercantile Marine, or in ports where there is a Greek Port or Consular authority by that authority. (246) The certificate must be issued by a medical practitioner authorized by the Ministry of Merchant Marine or by the Port or consular authority and authenticated as necessary. (247) The period of validity of the medical certificate is two years and, insofar as it relates to color vision, six years from the date on which it was granted. (248) Any seafarer found unfit for service at sea may apply for a further examination by the Supreme Medical Committee for Seafarers. (249) The Seaman's Employment Office must not grant any sign-on permits to seafarers for ships to which the Convention applies, unless they are holders of an appropriate medical certificate. The port authorities in Greek ports, the consular authorities abroad, and the Seamen's Employment Office are the competent authorities for the implementation of the Convention. The Code of Public Maritime Law does not address the issue of when urgency will permit a person employment for a single voyage in the absence of medical certificate. However, taking into account that Ratification Law 1131 of 1981 reproduced the whole text of Convention No. 73 including Article 6 dealing with such cases, it may be concluded that such a possibility exists for urgent employment in Greece as well. Thus, the legislation of Greece gives full effect to the provisions of Convention No. 73. The comparison of medical examination standards employed with respect to Cypriot and Greek ships demonstrates that shipowners would not gain any advantage by registering their ships in Cyprus over registering them in Greece. Indeed, there is no difference between standards existing in Cyprus and those existing in Greece. In both cases, employment on a ship is conditional upon production of the certificate attesting to a seafarer's fitness for the work for which he is employed, signed by a medical practitioner. The period of validity of certificates in Cyprus and in Greece is two years and, insofar as it relates to color vision, six years from the date on which it was granted. In both countries, in urgent cases, a person may be allowed to be employed for a single voyage in the absence of a medical certificate, and, therefore, neither in Cyprus nor in Greece does the shipowner bear an additional financial burden associated with finding an appropriate replacement. Finally, with regard to the cost of medical examinations, shipowners do not have any advantage in registering their ships in Cyprus instead of in Greece. (d) Food and Catering The standards of food and catering on ships are prescribed by the Food and Catering (Ships' Crews) Convention of 1946 (Convention No. 68). Greece has ratified Convention No. 68, (250) but Cyprus has not. Thus, in accordance with Article 2(a) of Convention No. 147, Cyprus should have laws or regulations and satisfy itself that their provisions are substantially equivalent to Article 5 of Convention No. 68. Under Convention No. 68:
[E]ach Member shall maintain in force laws or regulations
concerning food supply and catering arrangements designed to secure
the health and well-being of the crews of its seagoing vessels,
whether publicly or privately owned, which are engaged in the
transport of cargo or passengers for the purpose of trade, and
registered in a territory for which this Convention is in force.
(251)
These laws or regulations shall require the provision of food and
water supplies which, having regard to the size of the crew and the
duration and nature of the voyage are suitable in respect of
quantity, nutritive value, quality and variety; and the arrangement
and equipment of the catering department in every vessel in such
manner as to permit the service of proper meals to the members of
the crew. (252)
Besides these provisions, Convention No. 68 also requires a system of inspection by the competent authority, (253) inspection at sea at prescribed intervals, (254) special inspection upon written complaint made by a number or proportion of the crew prescribed by national laws or regulations or on behalf of a recognized organization of shipowners or seafarers, (255) and employment training in the catering department. (256) According to the Committee of Experts, the substantive safety standards in Article 5 seem to be those requiring food and water supplies which are suitable in quantity, nutritive value and quality to secure the health of the crew. (257) The Committee has considered the substantial equivalence to have been shown where there is legislation even if in only the general terms of Article 5. (258) The legislation of Cyprus ensures substantial equivalence to Article 5 of Convention No. 68 on Food and Catering under Law No. 13(III) of 1995, (259) the Merchant Shipping (Masters and Seamen) Law 1963-2002, (260) and the Merchant Shipping (Dietary of the Crew) Regulations. (261) In accordance with Law No. 13(III) of 1995, it is a joint responsibility of the shipowner and the master to make arrangements for suitable food and water supplies, taking into consideration the size of the crew, and the duration and nature of the voyage. (262) In addition to this, the nationality of the crew must be considered regarding the kind of food provided. Moreover, the equipment and the arrangement of the catering department must be such that the provision of proper meals for the members of the crew is permitted. Furthermore, during the preparation and service of the meals, the basic rules of cleanliness and hygiene are to be followed. The quantity, nutritive value, quality, and variety of food are specifically governed by the above-mentioned Merchant Shipping (Dietary of the Crew) Regulations. The master and the shipowner have joint responsibility for the equipment and the disposition of the catering section in ensuring suitable meals for the crew. These provisions make the legislation of Cyprus substantially equivalent to Article 5 of Convention No. 68. In Greece, the main acts giving effect to Convention No. 68 are the Code of Public Maritime Law and the Regulations on the accommodation of the Master and Crew of Greek Merchant Ships (the Crew Accommodation Regulations). (263) Under the Code, the ship's crew is entitled to food during the whole of their stay on board. The cost of the food is borne by the shipowner and its provision is the responsibility of the master. The concession for supplying the food may not be granted to either the master or any other officer of the ship. (264) Ministerial decisions determine the daily menu, according to the category of vessel concerned, after consultation with the committee of the merchant marine. (265) The Minister of Mercantile Marine has created guidelines for meals for several categories including cargo ships between 250 and 500 tons, (266) cargo ships of 500 tons or more, (267) coasting passenger ships of 250 tons or more, (268) and Transatlantic and Mediterranean passenger ships of 250 tons or more. (269) Instances in which food supplies may be paid for in cash as well as the price equivalent thereof, are determined by the same procedure. (270) Cash equivalent for food supply per day is determined by the relevant collective agreements for the various types of ships. (271) The observance of the menus as well as the adequacy and suitability of food on Greek vessels are subject to control by the Port or Consular authorities. (272) Crew members have the right to make complaints according to the procedures laid down in the Code of Public Maritime Law. (273) Under the Crew Accommodation Regulations, ships between 100 and 500 tons and ships greater than 500 tons must have galleys adequately and sufficiently equipped for the use of the maximum number of persons carried on the ship. (274) The comparison of the standards dealing with food and catering on Greek and Cypriot ships demonstrates that shipowners do not gain anything in this respect by registering in Cyprus instead of in Greece. Since Convention No. 68 itself does not prescribe any specific standards for the composition of menus or the supply of water, the mere existence of laws or regulations concerning food supply and catering arrangements are sufficient for compliance with the requirements of the Convention, regardless of the exact standards prescribed thereby. The legislation of Greece gives full effect to the provisions of Convention No. 68, whereas the provisions of the legislation of Cyprus are substantially equivalent to Article 5 of the Convention. So, from the point of view of costs imposed on shipowners by the respective standards, the application of Article 5 of Convention No. 68 in Cyprus on the basis of the principle of "substantial equivalence" would not differ significantly from the strict compliance with its provisions in Greece. (e) Repatriation of Seamen Greece (275) and Cyprus (276) have both ratified the Repatriation of Seamen Convention of 1926 (Convention No. 23) (277) and, therefore, both are obliged to ensure strict compliance with its provisions. Article 1 1. This Convention is applicable to all seagoing vessels registered in the country of any Member ratifying this Convention, and to the owners, masters and seamen of such vessels. (278) Article 3 1. Any seaman who is landed during the term of his engagement or on its expiration shall be entitled to be taken back to his own country, or to the port at which he was engaged, or to the port at which the voyage commenced, as shall be determined by national law, which shall contain the provisions necessary for dealing with the matter, including provisions to determine who shall bear the charge of repatriation. (279) 2. A seaman shall be deemed to have been duly repatriated if he has been provided with suitable employment on board a vessel proceeding to one of the destinations prescribed in accordance with the foregoing paragraph. (280) 4. The conditions under which a foreign seaman engaged in a country other than his own has the right to be repatriated shall be as provided by national law or, in the absence of such legal provisions, in the articles of agreement. The provisions of the preceding paragraphs shall, however, apply to a seaman engaged in a port of his own country. (281) Article 4 The expenses of repatriation shall not be a charge on the seaman if he has been left behind by reason of (a) injury sustained in the service of the vessel, or (b) shipwreck, or (c) illness not due to his own wilful act or default, or (d) discharge for any cause for which he cannot be held responsible. (282) Article 5 1. The expenses of repatriation shall include the transportation charges, the accommodation and the food of the seaman during the journey. They shall also include the maintenance of the seaman up to the time fixed for his departure. (283) 2. When a seaman is repatriated as member of a crew, he shall be entitled to remuneration for work done during the voyage. (284) Article 6 The public authority of the country in which the vessel is registered shall be responsible for supervising the repatriation of any member of the crew in cases where this Convention applies, whatever may be his nationality, and where necessary for giving him his expenses in advance. (285) Law No. 12(III) of 1995 and Part X of Law No. 46 of 1963 give effect to Convention No. 23 in Cyprus. (286) Law No. 12(III) of 1995 applies to all Cypriot sea-going ships except those covered in Article 1, paragraph 2 of the Convention, and to all seamen working on board. (287) In addition, Law No. 12(III) of 1995 provides for a general prohibition on the abandonment of seafarers by the shipowner at any port without making specific arrangements for the time of their stay at that port and for their repatriation. (288) The shipowner is obligated to take any necessary action for the repatriation of the seafarers employed by him in the cases prescribed in Article 4 of the Convention and for the payment of the relevant repatriation expenses. (289) At the end of his engagement, the seaman has the right to choose the port of his repatriation among the destinations prescribed by the Convention, (290) a right which may be exercised in advance and irrevocably at the time of the signing of his contract of employment. (291) The conditions of repatriation of foreign seamen employed in Cypriot vessels are the same as the conditions of repatriation of Cypriot seamen, because the said instrument specifically indicates that the provisions of the Convention and those of the Law are applicable to all seamen working on board. (292) Moreover, in the event of abandonment of a seafarer by the shipowner, the Republic of Cyprus becomes responsible for the repatriation and the coverage of the expenses incurred, and it substitutes the seafarer with respect to his rights against the shipowner concerning the paid repatriation expenses, increased by fifty percent. (293) Thus, the legislation of Cyprus gives full effect to the provisions of Convention No. 23. The main act giving effect to the provisions of Convention No. 23 in Greece, apart from ratification Law No. 1130 of 1981, is the Code of Private Maritime Law. Under the Code, when a contract of engagement is terminated, the seaman is entitled to repatriation, (294) unless: (a) the contract is terminated by the master by reason of the seaman's misconduct; or (b) in the case of paragraph 1 of Article 73 of the Code, (295) the contract is terminated before one year has elapsed; and (c) the contract is entered into for a specific voyage. (296) The seaman must exercise his right to repatriation without delay by declaration made to the master, (297) at which point the master must provide the seaman passage on a reasonable means of transport bound for Greece, and pay him enough to ensure his maintenance until he reaches home. (298) Instead of repatriation, the seaman may request a ticket to another place, provided this does not entail greater expense. (299) A seaman who, after his discharge, enters into a new contract of engagement forfeits his right to repatriation, (300) Discharged seamen are entitled to remain and be maintained on the ship until their wages have been paid and arrangements made for their repatriation. (301) These provisions of the Code of Private Maritime Law are applicable to the master of the ship (302) as well as to alien seamen. (303) On one hand, there seem to be divergences between the provisions of the Code and Article 3 of Convention No. 23. While under this provision of the Convention any seaman who is landed during the term of his engagement or upon its expiration is entitled to repatriation regardless of the time of landing or the reason for the termination of engagement, under Article 78 of the Code of Private Maritime Law, the seaman is not entitled to repatriation if the contract is terminated by the master due to the seaman's misconduct, or when the contract is terminated before one year has elapsed and it was made with respect to a specific voyage. On the other hand, Ratification Law No. 1130 of 1981 which is subsequent to the Code of Private Maritime Law (the latter being adopted in 1958) should be considered according to Section 28 paragraph 1 of the Greek Constitution as prevailing over anterior instruments with which it conflicts. (304) The comparison of standards dealing with repatriation of seafarers employed on Greek and Cypriot ships allows the conclusion that under these standards shipowners could obtain certain advantages by registering their ships in Greece and could obtain other advantages by registering their ships in Cyprus. The advantage of registering ships in Greece as compared to Cyprus is a slightly lesser duty to repatriate seamen. However, the advantage of registration in Cyprus is that the shipowner must only bear the expense of repatriation in certain cases mentioned in Article 4 of Convention No. 23, (305) whereas in Greece the shipowner is always financially responsible, except for in the cases provided in Article 78 of the Code of Private Maritime Law. C. Social Security Standards: Sickness, Injury, and Medical Care The Appendix to Convention No. 147 lists three ILO Conventions dealing with medical care and benefits for sick and injured seafarers: (i) the Shipowners' Liability (Sick and Injured Seamen) Convention of 1936 (Convention No. 55); (ii) the Sickness Insurance (Sea) Convention of 1936 (Convention No. 56); and (iii) the Medical Care and Sickness Benefits Convention of 1969 (Convention No. 130)) (306) Greece has ratified Convention No. 55, (307) and, therefore, must give full effect to its provisions. Cyprus has so far not ratified any of Conventions Nos. 55, 56 or 130. However, for the purposes of substantial equivalence to Article 2(a)(ii) the Government of Cyprus has also selected Convention No. 55. Convention No. 55 applies to all persons employed on any vessels, other than a ship of war, ordinarily engaged in maritime navigation. (308) Governments may make exceptions with regard to people employed on the vessels of public authorities not engaged in trade, coastwise fishing vessels, boats of less than twenty-five gross tons, and wooden ships of primitive build, for those people not employed by the shipowner; or for people employed solely in ports in repairing, cleaning, loading or unloading vessels; members of the shipowner's family; and pilots. (309) Article 2 1. The shipowner shall be liable in respect of (a) sickness and injury occurring between the date specified in the articles of agreement for reporting for duty and the termination of the engagement; (b) death resulting from such sickness or injury. (310) Article 4 1. The shipowner is liable to defray the expense of medical care (treatment, medicines and therapeutic appliances), board and lodging until the sick or injured seafarer has been cured, or until the sickness or incapacity has been declared of a permanent character. (311) 2. Provided that national laws or regulations may limit the liability of the shipowner to defray the expense of medical care and maintenance to a period which shall not be less than sixteen weeks from the day of the injury or the commencement of the sickness. (312) This liability may be further limited by law in cases where seafarers are covered by compulsory national sickness and accident insurance schemes or workers' compensation for accidents. (313) Article 5 1. Where the sickness or injury results in incapacity for work the shipowner shall be liable (a) to pay full wages as long as the sick or injured person remains on board; (b) if the sick or injured person has dependants, to pay wages in whole or in part as prescribed by national laws or regulations from the time when he is landed until he has been cured or the sickness or incapacity has been declared of a permanent character. (314) 2. Provided that national laws or regulations may limit the liability of the shipowner to pay wages in whole or in part in respect of a person no longer on board to a period which shall not be less than sixteen weeks from the day of the injury or the commencement of the sickness. (315) Article 6 1. The shipowner shall be liable to defray the expense of repatriating every sick or injured person who is landed during the voyage in consequence of sickness or injury. (316) Article 7 1. The shipowner shall be liable to defray burial expenses in case of death occurring on board, or in case of death occurring on shore if at the time of his death the deceased person was entitled to medical care and maintenance at the shipowner's expense. (317) Article 8 National laws or regulations shall require the shipowner or his representative to take measures for safeguarding property left on board by sick, injured or deceased persons to whom this Convention applies. (318) Article 11 This Convention and national laws or regulations relating to benefits under this Convention shall be so interpreted and enforced as to ensure equality of treatment to all seamen irrespective of nationality, domicile or race. (319) In order to satisfy the principle of "substantial equivalence," as was indicated by the Committee of Experts, the shipowners must, subject to certain limitations, be made liable for sickness and injury occurring on board; medical care and maintenance should be defrayed for up to at least sixteen weeks: although shipowner liability ceases where there is a compulsory insurance scheme (perhaps of the kind anticipated in Convention No. 56), it may not so cease in respect of foreign workers or those not resident in the territory who are excluded as such from the scheme (Article 4); wages while on board should be paid plus whole or partial wages from the time landed, subject to the same conditions as in Article 4 (Article 5); there is liability for repatriation (Article 6) and burial expenses (Article 7); there is provision for equality of treatment irrespective of nationality, domicile or race (Article 11). (320) Convention No. 55 is applied in Cyprus on the basis of "substantial equivalence." Part III of Law No. 13(III) of 1995 deals with the responsibility of the shipowner in the event of sickness, injury, or death of seamen. (321) This part is not applied to persons working on ships belonging to the public legal entities of Cyprus, when these ships are not used for commercial purposes, on small ships used for inshore fishing, on small ships of a total tonnage less than twenty-five register tons, or on wooden ships of a primitive build, such as Arab and Chinese sailing ships. Nor does it apply to persons working aboard on behalf of an employer other than the shipowner, persons working exclusively at the port for repairing, cleaning, loading and unloading the ships, the family members of the shipowner, or to navigators. Law No. 13(III) of 1995 (322) also transposes the requirements of Convention 55 with respect to the substance of the shipowner's liability. (323) In the event of illness or injury of a seaman which occurs during his services on the ship, the shipowner is liable to provide or cover the expenses of his medical care and maintenance until he is completely cured or until the sickness or the resulting incapacity has been declared of a permanent character, provided that the shipowner may contractually limit such liability to a period of not less than sixteen weeks from the day of the injury or the commencement of the sickness of the seaman, as the case may be. In addition, Cypriot legislation provides that, in the event of death of a seaman during his service on the ship, the funeral expenses are chargeable to the shipowner. (324) Moreover, exceptions are prescribed by Law No. 13(III) of 1995, (325) reflecting the relevant provisions of Convention No. 55. Under this Law, the shipowner can refute his responsibility resulting from the foregoing provisions, if he can prove either that (a) the injury of the seaman was the result of another event which did not happen during his service aboard; (b) the injury, the death, or the sickness of the seaman was the result of a willful act or omission, or the result of improper behavior (326) of the sick, the injured, or the deceased seaman; or (c) the sickness or the disablement was deliberately disguised by the time of being engaged by the employment contract. As to medical care and maintenance, which the shipowner must cover, (327) under the legislation of Cyprus the shipowner has the responsibility of providing for or covering medical and pharmaceutical expenses. (328) It is not clear in the provisions in question whether this obligation to provide medical and pharmaceutical care also includes board and lodging, the latter being specifically provided for in Convention No. 55. (329) In accordance with the provisions of the Convention, (330) Cypriot legislation provides that in the event of sickness or injury of a seafarer which occurs during his service on the ship, the shipowner is liable to defray the expenses of medical care until the seafarer has been cured or until the sickness or the resulting incapacity has been declared of a permanent character. (331) In spite of the above, a shipowner's liability may be limited in connection with medical care and maintenance, provided that a period of not less than sixteen weeks from the day of the injury or the commencement of the sickness is respected. (332) A shipowner's liability is also limited when the seaman has access to other medical benefits such as compulsory sickness insurance, compulsory accident insurance, or workmen's compensation for accidents schemes, (333)in which case shipowner liability ends from the moment the sick or injured seamen (a) becomes entitled to medical care and maintenance by virtue of any governmental or semi-governmental compulsory sickness or accident insurance scheme for accidents in force; Co) becomes entitled to medical care and maintenance provided or covered by a recognized private insurance organization; or (c) would become entitled to medical care and maintenance by virtue of any governmental or semi-governmental, or private sickness insurance scheme, but due to his own negligence or omission, he did not become entitled, when with the contract of his employment he agreed to give an amount (included in his salary) to insure himself with any of the above-mentioned sickness insurance schemes. In addition to these provisions, similar provisions are also laid down both in the Convention (334) and in national legislation (335) with regard to the cessation of a shipowner's liability in the case where compulsory sickness or accident insurance is activated leading to cash benefits to the seaman. To be more precise, Cypriot legislation prescribes that the responsibility of the shipowner to pay wages is restricted and the amount reduced proportionally from the moment the ill or injured seaman: (a) becomes a beneficiary to monetary allowances or benefits by virtue of any state or semi-governmental obligatory medical or injury insurance, or of any plan for compensation of labor accidents, valid in the Republic of Cyprus or abroad; (b) becomes a beneficiary to monetary allowances or benefits provided by a recognized private insurance organization; or (c) would become beneficiary to monetary benefits or allowances by virtue of any state, semi-governmental or private insurance plan covering illness expenses, but because, when concluding his engagement contract, he undertook the responsibility of being insured under one of the above mentioned insurance plans and of covering the expenses with a special sum included in his salary. When the sickness or the injury of the seaman results in incapacity for work, under national legislation, the shipowner also has the responsibility of paying wages for the whole time that the sick or injured seaman remains aboard, and from the moment of the sick or injured seaman's disembarkation, of paying his wages in whole or in part, as provided in his employment contract, until the seaman has completely recovered or until his illness or incapacity have been declared of a permanent character, provided that the shipowner may contractually limit his responsibility to a period not less than sixteen weeks from the day of the seamen's injury or the commencement of his sickness, as the case may be. (336) This law reflects the relevant provision of Convention No. 55. (337) Repatriation is also an issue dealt with by the Convention (338) and national provisions. Law 12(III) of 1995 ratifying the Repatriation of Seamen Convention of 1926 (Convention No. 23) is applicable to all seamen working on Cypriot ships regardless of their residence status in Cyprus. The shipowner has the obligation and bears the charge of the expenses to provide for the repatriation of seamen. (339) Furthermore, according to Cypriot legislation, each seaman, at the end of his engagement, has the right to choose the place of his repatriation from among the destinations mentioned in Article 3 of Convention No. 23. (340) In the event of death of a seaman during his service on the ship, national provisions laid down in Law No. 13(III) of 1995 provide for the funeral expenses to be chargeable to the shipowner. In the context of the seaman's sickness, injury or death, the shipowner or his representative is responsible for taking measures as regards the seaman's personal belongings, an obligation prescribed by Cypriot legislation (341) in accordance with the relevant requirements stemming from Convention No. 55. (342) In the event of disputes arising from the application of these provisions, (343) Law 13(III) of 1995 states that any parties to the dispute should follow the procedure of labor disputes settlement laid out in the Code of Industrial Relations. (344) Therefore, the provisions of the legislation of Cyprus are substantially equivalent to Convention No. 55. Social security measures under Law No. 13(III)/1995 are applicable only to those few seafarers employed on Cypriot ships whose permanent residence is in the Republic of Cyprus. The terms and conditions of the employment of those seafarers whose place of permanent residence is in a country which has concluded a bilateral agreement on merchant shipping with Cyprus (345) ensures similar treatment for them. Those seafarers whose place of permanent residence is in a country which has not concluded such a bilateral agreement with Cyprus are currently not covered by social security measures under Law No. 13(III)/1995. Title IV "The Crew" of the Code of Private Maritime Law, Law No. 551 of 1915 (as amended), (346) ratification Law No. 366 of 1968, (347) Law No. 373 of 1968, (348) and Legislative Decree No. 2652 of 1953 (349) give effect to Convention No. 55 in Greece. Under the Code, a seaman who falls ill is entitled to wages and medical treatment at the expense of the ship. If the contract of engagement is terminated by reason of his illness and he receives medical treatment off the ship, he is entitled to medical treatment and wages while his illness lasts, but not for more than four months. (350) These provisions also apply to violent accidents, and if the seaman is thereby rendered unfit for work or dies as a result thereof, the special provisions of the law relating to compensation for industrial accidents applies. (351) Under a settlement of claims, a special wage may be stipulated. (352) These provisions, insofar as they relate to wages and compensation, does not apply in cases when the illness is the seaman's own fault. (353) In the event of work accidents, under Law No. 551 of 1915, any accident happening to a wage-earning or salaried employee engaged in specified occupations or undertakings, (354) during the performance of, or in connection, with his work, must give that employee a claim to compensation against the owner of the undertaking if the interruption of work due to the accident lasted more than four days, unless the victim caused the accident intentionally. (355) In the event of the victim's death, compensation due under the law is paid to his relatives. (356) The shipowner is exempt, under Law No. 366 of 1968, from these Convention No. 55 obligations if the seaman refuses to undergo medical examination at the conclusion of his contract of engagement. (357) Under the Convention, as long as the sick or injured person remains on board, the shipowner is liable for full wages. (358) For the person no longer on board, under national laws or regulations, the shipowner may be allowed to pay partial wages for a period of not less than sixteen weeks from the day of the injury or the commencement of the sickness. (359) Nevertheless, the Code of Private Maritime Law allows for the stipulation of a "special wage" for the purpose of settlement of wage claims in the event of sickness or accident. (360) This "special wage" is laid down in collective agreements, (361) and it may be lower than the full wage, but must be reasonable. (362) Taking into account that Convention No. 55 provides for partial wages only in the case of sick or injured persons no longer on ships, Greek legislation does not give full effect to Article 5 of Convention No. 55 to the extent that a "special" wage, which may be lower than a full wage, may be provided for a sick or injured seaman on board. Nevertheless, it should be stressed that the provision on "special wage," which is contrary to the Convention, is superseded by the ratification law, the latter being subsequent to the Code. (363) As concerns the repatriation of a sick or injured seaman, (364) under the Code of Private Maritime Law, he is entitled to repatriation in the case of termination of the contract by reason of illness or accident. Such a conclusion may be drawn because under the Code in case of termination of a contract of engagement the seaman, as a general rule, is entitled to repatriation, (365) and cases of termination of contract by reason of illness or accident are not listed among the exceptions to this rule. (366) For the same reason, foreign seamen in such cases are also entitled to repatriation. (367) Finally, as concerns the liability to defray burial expenses in case of death, (368) under Law No. 551 of 1915 (as amended), the shipowner must defray the cost in case of a seaman's accidental death. (369) The comparison of social security standards on Greek and Cypriot ships allows the conclusion that shipowners could obtain certain advantages by registering their ships in Cyprus. Even though the possibility of paying "special wages" to a sick or injured seaman who remains on board, which is contrary to Article 5 of Convention No. 55, could offer certain cost savings to shipowners registering their ships in Greece, the exclusion of non-resident seafarers from the social security measures under Law No. 13(III) of 1995 in Cyprus potentially offers far greater cost savings, especially when the respective seafarers come from a country which has not signed a bilateral agreement on merchant shipping with Cyprus. D. Shipboard Conditions of Employment and Living Arrangements: Crew Accommodation The standards of crew accommodation on ships are prescribed by the Accommodation of Crews Convention (Revised) of 1949 (Convention No. 92). Both Greece (370) and Cyprus (371) have ratified this Convention and, therefore, are obliged to ensure strict compliance with its provisions. Convention No. 92 applies to every seagoing mechanically propelled vessel, whether publicly or privately owned, which is engaged in the transport of cargo or passengers for the purpose of trade and is registered in a territory in which the Convention is in force. (372) It does not apply to vessels of less than 500 tons, vessels primarily propelled by sail but having auxiliary engines, vessels engaged in fishing, whaling, or similar pursuits, and tugs. (373) However, it does apply, where reasonable and practicable, to vessels between 200 and 500 tons, or to persons engaged in usual seagoing routine in vessels engaged in whaling or in similar pursuits. (374) Under Convention No. 92, before the construction of a ship is begun, a plan of the ship must be submitted for approval to the competent authority. (375) Similar approval must be obtained before the construction of the crew accommodation is begun and before the crew accommodation in an existing ship is altered or reconstructed. (376) Convention No. 92 prescribes such specific standards of crew accommodation as, inter alia, detailed requirements with respect of their location, (377) ventilation, (378) heating, (379) lighting, (380) floor area per person in sleeping rooms and their equipment, (381) mess room accommodation, (382) recreation accommodation, (383)sanitary accommodation, (384) and hospital facilities. (385) The main act giving effect to the provisions of Convention No. 92 in Greece is the Crew Accommodation Regulations. The Regulations contain detailed requirements with respect to the crew accommodation on Greek ships, covering everything from construction, (386) ventilation and air conditioning, (387) heating, (388) and lighting, (389) to floor area of sleeping rooms, (390) berths, (391) furniture and equipment, (392) mess rooms, (393) recreation accommodation and libraries, (394) water closets, baths and wash basins, (395) galleys, (396) and hospital facilities. (397) Under the Regulations, the floor area per person of sleeping rooms of the master and the crew of cargo ships must be 3.75 square meters in ships of 1,000 to 3,000 tons, (398) 4.25 square meters in ships of 3,001 to 10,000 tons, (399) and 4.75 square meters in vessels of over 10,000 tons. (400) The floor area per person of sleeping rooms intended for more than one person in cargo ships must be at least 2.35 square meters in ships of 1,000 to 3,000 tons; (401) and on ships of greater than 3,000 tons, at least five square meters for two persons, 7.50 square meters for three persons, and so forth. (402) There seem to be divergences between the provisions of Greek national legislation and several provisions of Convention No. 92. First, while under the Convention there must be no direct opening into sleeping rooms from spaces for cargo and machinery or from galley, lamp, and paint rooms, or from engine, deck, and other bulk storerooms, drying rooms, communal wash places or water closets, and that part of the bulkhead separating such places from sleeping rooms and external bulkheads must be efficiently constructed of steel or other approved substance and must be watertight and gastight, (403) under the Crew Accommodation Regulations, those parts of the bulkhead which separate the above compartments from the sleeping rooms must be sufficiently resistant and watertight but only if practicable, airtight. (404) Furthermore, the Crew Accommodation Regulations do not contain an explicit prohibition on direct openings into sleeping rooms from communal wash places or water closets. Second, while under the Convention main steam and exhaust pipes for winches and similar gear must not pass through crew accommodation, (405) under the Crew Accommodation Regulations, steam, oil, and hot water pipes, when passing through crew accommodation, must simply be coated with appropriate insulation. (406) Third, while under the Convention berths must not be arranged in tiers of more than two, (407) under the Crew Accommodation Regulations, berths may be arranged in tiers of more than two on passenger and fishing vessels. (408) Fourth, while under the Convention on any ship carrying a crew of fifteen or more on a voyage of more than three days, separate hospital accommodations must be provided, (409) but under the Crew Accommodation Regulations, separate hospital accommodation must be provided only in ships of 1600 tons and greater. (410) Furthermore, under the Regulations, ships of a total displacement of less than 2,500 tons in which the application of the above requirements are not practicable because of the nature of the voyage may be excepted from the obligation to provide hospital accommodation altogether. (411) In Cyprus, Law No 14(III) of 1995 gives effect to Convention No. 92. (412) This Law reproduces the provisions of the Convention while at the same time providing for sanctions, including prohibition of sailing in the event of non-compliance, (413) The Law provides for the issuance of regulations aiming at the application of its provisions and of the relevant ILO requirements. (414) The comparison of the standards dealing with crew accommodation on Greek and Cypriot ships points to the conclusion that shipowners could obtain certain advantages by registering their ships in Greece. Since Law No. 14(III) of 1995 reproduces the provisions of the Convention, the crew accommodation on Cypriot ships must comply with its requirements. On the other hand, the Crew Accommodation Regulations do net give full effect to the provisions of the Convention. This makes the construction and operation of Greek ships less costly for shipowners, because they do not need to comply with the requirements of the Convention concerning construction of airtight bulkheads, (415) direct openings into sleeping rooms from communal wash places or water closets, (416) prohibition on passing of main steam and exhaust pipes for winches and similar gear through crew accommodation, (417) arrangement of berths in tiers of not more than two, (418) and separate hospital accommodation in any ship carrying a crew of fifteen or more on a voyage of more than three days. (419) E. Other Matters Appended to Convention No. 147 1. Articles of Agreement The matter of seamen's articles of agreements is governed by the Seamen's Articles of Agreement Convention of 1926 (Convention No. 22). Neither Greece nor Cyprus has ratified Convention No. 22; therefore, they apply it on the basis of "substantial equivalence". Convention No. 22 applies to all seagoing vessels registered in the country of any member ratifying the Convention and to the owners, masters, and seamen of such vessels. (420) Under this Convention, all seamen must have signed articles of agreement with the shipowner or his representative. (421) The agreement may be made either for a definite period or for a voyage or, if permitted by national law, for an indefinite period. (422) These agreement may not contain anything contrary to the provisions of national law or the Convention itself, (423) and must state clearly the respective rights and obligations of each of the parties. (424) Each must contain certain particulars prescribed by the Convention. Convention No. 22 also prescribes the grounds for termination of the agreement for a voyage, (425) for a definite period, (426) or for an indefinite period, (427) leaving it to national law to determine the circumstances in which the owner or master may immediately discharge a seaman and in which the seaman may demand his immediate discharge. (428) Under the Convention, every seaman should receive a document conta |