Maximum Weight Convention, 1967 (No. 127) - Nicaragua (RATIFICATION: 1976)

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In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on occupational safety and health, the Committee considers it appropriate to examine Conventions Nos 13 (white lead), 45 (underground work (women)), 115 (radiation), 119 (guarding of machinery), 127 (maximum weight), 136 (benzene) and 139 (occupational cancer) together.

Application in practice of Conventions Nos 13, 115, 119, 127, 136 and 139.The Committee notes the general and sectoral information provided by the Government in its report on the number of violations identified during inspections and follow-up inspections, as well as the corrective action taken by them in respect of occupational safety and health conditions between 2018 and the first semester of 2021. The Committee requests the Government to continue providing information on the application in practice of the ratified occupational safety and health Conventions, including the number, nature and cause of occupational accidents and diseases notified, and information on the inspection activities and violations identified, as well as the penalties imposed.

A.Protection against specific risks

1.White Lead (Painting) Convention, 1921 (No. 13)

Article 7 of the Convention. Statistics with regard to lead poisoning among working painters. The Committee notes that the Government indicates in its report that there are no recorded cases of lead poisoning in the Ministry of Health statistics, and that no cases of lead poisoning have been recorded in Nicaragua since the end of the 1980s. While noting the Government’s statement that workers at risk of lead poisoning are treated and diagnosed by clinics attached to the National Social Security Institute, the Committee requests the Government to continue providing information on all cases of lead poisoning recorded.

2.Guarding of Machinery Convention, 1963 (No. 119)

Articles 2 and 4 of the Convention. Prohibition of the sale, hire, transfer in any other manner and exhibition of machinery of which the dangerous parts are without appropriate guards. Obligation of the Government to take measures to ensure that effect is given to these Articles of the Convention. The Committee notes the Government’s indication that the clauses governing purchase, sale, transfer and hiring of machines are established by the persons carrying out these operations in accordance with trade, commercial and civil law.

With respect to the protective guards over dangerous parts of machinery, the Committee notes that the provisions of The Ministerial Standard on Basic Occupational Safety and Health Provisions Applicable to Electrical Installations and Equipment of 1999, facilitated by the Government, on the design of and protection provided on machines for lifting and conveying, are referenced in sections 43 (switch requirement), 44 (polarization requirement) and 45 (grounding conductor requirement). While noting the Government’s indications regarding trade, commercial and civil law, the Committee requests the Government to indicate the specific relevant provisions in these laws that prohibit the sale, hire, transfer in any manner and exhibition of machinery of which the dangerous parts are without appropriate guards, in conformity with Article 2(1) and (2) of the Convention.

Article 15. Appropriate inspection services and penalties. With reference to its previous comments, the Committee notes the provisions on safety requirements for lifting and conveying machinery established in sections 19, 20, 21 (requirements for the use of lifting machines), 46, 47, 48 (verification of the good condition of the machinery) and 49 (safety of lifting equipment and its operation) of the Ministerial Standard of 1999, and in sections 3.1.7 (separation between machines) and 3.4.1 (requirements for the operation of hoisting apparatus) of the Technical Guide on Health and Safety Inspection. The Committee takes note of this information, which addresses its previous request.

3.Maximum weight Convention, 1967 (No. 127)

Article 7 of the Convention. Young persons and women. With regard to its earlier comments, the Committee notes the Government’s indication that compliance with Ministerial Agreement No. JCHG-08-06-10, of 2010, on the prohibition of hazardous work for young persons and the list of types of hazardous work, of which paragraph (e) prohibits physical loads for children under the age of 18 years, is ensured through the implementation, evaluation and monitoring of special care programmes for young workers. The Government reports that to protect the rights of young workers, compliance with the Ministerial Agreement is monitored by the Departmental Labour Inspectorate. Section 1 of the Ministerial Decision provides that inspectors shall be empowered to take cognizance of violations and impose penalties in conformity with the provisions of Section 6 of Act No. 474 of 2003 amending Chapter VI, part one, of the Labour Code.

The Committee further notes that the Government reports on the formulation, in April 2018, of a Decision of the National Occupational Safety and Health Council – pending publication – which establishes the maximum weights recommended for men and women (section 16) and prohibits workers under the age of 18 years from the manual transport of loads the weight of which involve physical effort and activity beyond the worker’s psychophysical strength (section 24). The Government indicates that the said Decision amends the Ministerial Decision on Occupational Safety and Health of 2002 with respect to the maximum load that can be transported manually by a worker. The Committee requests the Government to indicate whether the Decision of the National Occupational Safety and Health Council, amending the Ministerial Decision on Occupational Safety and Health as regards the maximum load that can be transported manually by a worker, has been published and is now in force. Regarding the assignment of young workers to the manual transport of loads, the Committee refers to its comments under the Worst Forms of Child Labour Convention, 1999 (No. 182).

4.Benzene Convention, 1971 (No. 136)

Articles 2 and 4 of the Convention. Use of harmless or less harmful substitute products instead of benzene or products containing benzene. Prohibition of the use of benzene and of products containing benzene in certain work processes, including its use as a solvent or diluent. With reference to its previous comments, the Committee notes that the Government reports that while the use of benzene is not currently restricted or prohibited, the only use of benzene approved by the National Commission for the Registration and Monitoring of Toxic Substances (CNRCST) is for chemical analysis in laboratories. The Government adds that in order to import benzene, the enterprise or natural person must be registered and hold a valid importer’s licence with the CNRCST and must also complete an importation permit each time the product enters the country. The Committee further notes that the Government reports that it does not have a list of work in which the use of benzene is prohibited. While taking note of the information provided by the Government on the use of benzene for the sole purpose of chemical analysis carried out in laboratories and with reference to its comments on Article 2 of the Occupational Cancer Convention, 1974 (No. 139), the Committee requests the Government to provide information on the measures taken to ensure the adoption of laws and regulations that guarantee the prohibition of the use of benzene or products containing benzene in certain work, and that the prohibition includes the use of benzene and of products containing benzene as a solvent or diluent, except where the process is carried out in an enclosed system or where there are other equally safe methods of work.

Article 6. Maximum concentration of benzene in the air in places of employment which shall not exceed a maximum ceiling value of 25 parts per million (80 mg/m3). With reference to its earlier comments on the measures adopted to ensure that the concentration of benzene in the air of places of employment does not exceed the maximum ceiling, the Committee notes that the Government refers to section 114 of Act No. 618 of 2007, the General Occupational Safety and Health Act, which establishes the obligation to assess occupational health hazards for workers in places of employment. The Committee observes that under section 144 of Act No. 618 of 2007, such assessment shall be undertaken at least once yearly, and shall be updated in various cases, for example when there are changes in processes, or in the choice of chemicals and other substances, affecting the degree of exposure of the workers to such agents. The Committee also notes that section 130 of Act No. 618 of 2007 provides that where the maximum ceiling is exceeded, the employer shall rectify the installations or adopt the necessary technical measures to eliminate or reduce the chemical contaminants in the workplace. The Committee takes note of this information, which addresses its previous request.

Article 14(a) and (b). Measures necessary to give effect to the Convention. Authorities responsible for ensuring compliance. The Committee notes the information provided by the Government on the measures adopted by the CNRCST. It notes that Act No. 941 of 2016, establishing the National Commission for the Registration and Monitoring of Toxic Substances, which abrogates Decree No. 04-2014 of 2014, establishing the National Commission for the Registration and Monitoring of Toxic Substances, mandates the CNRCST to undertake the regulation of chemical substances for industrial use such as benzene, and to formulate policies, action and activities related to the appropriate handling of chemical substances, for the purpose of monitoring and preventing diseases caused by exposure to hazardous and toxic substances (Article 4).

The Committee also notes that the CNRCST has an inspection unit which is responsible for undertaking inspections of laboratories that use benzene in various chemical analyses. The Committee requests the Government to indicate the regulations adopted in respect of benzene and products containing benzene, as well as the policies, action and activities concerning benzene since the creation of the National Commission for the Registration and Monitoring of Toxic Substances, under Act No. 941 of 2016.

5.Occupational Cancer Convention, 1974 (No. 139)

Articles 1 and 3 of the Convention. Determination of carcinogenic substances and agents and establishment of an appropriate system of records. With reference to its previous comments, the Committee notes that the Government indicates that the prohibition or restriction of agricultural, domestic and professional pesticides is effected through a thorough assessment of their environmental, sanitary and agricultural effects and of those of substitute substances, carried out by the CNRCST. The Government adds that the decision to prohibit or restrict is made public by announcement in the Official Gazette.

With regard to measures for the protection of workers, the Committee notes that the CNRCST undertakes surveillance and control of enterprises that use potentially carcinogenic substances and chemicals in general. The Committee notes, in response to its previous comments regarding the National Registry of Pesticides and Toxic, Hazardous and Other Similar Substances, that the Government reports that the Registry is still operating, under the aegis of the CNRCST, which has been monitoring authorized industrial chemical substances since 2014. While taking note of the procedure for the prohibition and restriction of pesticides, the Committee requests the Government to indicate the decisions determining the carcinogenic substances or agents for which exposure at work is prohibited or subject to authorization or control. The Committee also requests the Government to continue providing information on the measures taken to protect workers from the risks of exposure to carcinogenic substances or agents, as well as on the development and operation of the National Registry of Pesticides and Toxic, Hazardous and Other Similar Substances with regard to workers exposed to carcinogenic substances.

Article 2(2). Duration and degree of exposure. With reference to its previous comments, the Committee notes that the Government provides no information on the provisions concerning the exposure limit values established by the Ministry of Labour in conformity with section 129 of Act No. 618 of 2017, the General Occupational Safety and Health Act. The Committee urges the Government to provide detailed information on the provisions concerning the exposure limit values established by the Ministry of Labour under the abovementioned section 129.

Article 4. Obligation to inform workers of the dangers involved in working with carcinogenic substances. With reference to its previous comments, the Committee notes the obligations concerning workers’ training set out in the following sections of Act No. 618 of 2007: 19 (information provided through training programmes), 20 (frequency of the programmes), 21 (content of the programmes), 22 (qualifications of persons responsible for the training activities), and 176 (information on the hazards of application and use of pesticides and chemical substances). The Committee takes note of this information, which addresses its previous request.

B.Protection in specific branches of activity

Underground Work (Women) convention, 1935 (No. 45)

The Committee recalls that at its 334th Session (October-November 2018), the Governing Body of the ILO decided, on the recommendation of the Standards Review Mechanism Tripartite Working Group, to classify Convention No. 45 as an outdated standard, and to place on the agenda of the 112th Session (2024) of the International Labour Conference an item concerning the abrogation of the Convention. The Governing Body also requested the Office to ensure follow-up for Member States currently bound by Convention No. 45 to promote ratification of up-to-date occupational safety and health instruments, in particular the Safety and Health in Mines Convention, 1995 (No. 176), and to launch a campaign to promote ratification of that Convention. The Committeeencourages the Government to give effect to the decision taken at the 334th Session of the Governing Body (October-November 2018) approving the recommendations of the Standards Review Mechanism Tripartite Working Group, and to consider ratification of more up-to-date instruments in this area.

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Article 7 of the Convention. Young persons and women. With reference to its previous comments, the Committee notes the Government’s indications that Ministerial Decision No. JCHG-08-06-10 of 2010 superseded Ministerial Decision No. VGC-AM-0020-10-06 of 2010 to which it referred in its last report. It notes that, according to the Government, paragraph (e) of the 2010 Decision, prohibiting hazardous work for all persons under the age of 18, prohibits those under the age of 18 from performing work involving physical loads. While the wording of paragraph (e) is different from that of the Convention, the Committee considers that it appears to be in conformity with the Convention. The Committee requests the Government to provide an evaluation of the application of paragraph (e) of the Ministerial Decision in practice.

Application of the Convention in practice. In its previous comments, the Committee noted that, in accordance with the first transitory provision of the Ministerial Decision on health and safety relating to the maximum weight of a load which may be transported manually by a worker, enterprises and work centres have a period of not more than one year to modify operations and processes and adopt measures for the manual transport of loads, and it asked the Government to provide information on the effect given in practice to this Decision and hence to the provisions of the Convention. It reminded the Government that this information should include summaries of the reports of the General Directorate of Occupational Safety and Health, which is responsible, pursuant to section 17 of the Decision, for supervising and verifying compliance with the provisions of the Decision, and statistics on the number and nature of contraventions reported and the action taken on them. The Committee once again notes that the Government has not provided this information. It once again requests it to do so, particularly on the manner in which the implementation of the first transitory provision is being ensured, and also to provide detailed statistics from the work carried out by the labour inspectorate to ensure the application of this Convention.

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Article 7 of the Convention. Young persons and women. In its previous comments the Committee requested the Government to indicate the meaning of the terms “manual transport of loads whose weight involves physical effort” and “work classified as exceeding their psycho-physical motor strength”. The Committee notes the Government’s information regarding the List of Hazardous Jobs published in La Gaceta (Official Journal) No. 221 of 14 November 2006, and the Ministerial Resolution on Health and Safety at Work on the maximum weight of load which may be transported manually by a worker. According to the Government, the phrases whose meaning the Committee queried, refer, in particular, to article 3(f) of the Resolution “Heavy continuous lifting, handling, transporting sacks, barrels, boxes, crates of drinks, quarried rocks, in a repetitive manner”. In the Committee’s view, doubts still remain as to the scope of the restrictions on the employment of young people. The Committee requests the Government to indicate the maximum load that may be lifted or transported occasionally by women between 15 and 18 years of age, and for men.

Part V of the report form. Application in practice. In its previous comments the Committee noted that, according to the transitory provision of the 1998 Ministerial Resolution on health and safety relating to the maximum weight of a load which may be transported manually by a worker, enterprises and work centres will have a period of not more than one year to modify operations and processes and adopt measures for the manual transport of loads, and asked the Government to provide information on the practical implementation of this Resolution and hence, the provisions of the Convention. It reminded the Government that this information should include summaries of the reports of the General Directorate of Occupational Safety and Health, which is responsible, pursuant to section 17 of the Resolution, for supervising and verifying compliance with the Resolution’s provisions; and statistics on the number and nature of contraventions reported and the action taken on them. The Committee notes that the Government has not provided this information. It requests it to do so and also to provide detailed statistics resulting from the work carried out by the labour inspectorate.

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Further to its observation, the Committee wishes to draw the Government’s attention to the following points.

1. Article 7 of the Convention. Young persons. With regard to the restrictions on the employment of young persons, the Committee notes section 15 of the Resolution referred to above which prohibits the engagement of young persons under 16 years of age in the manual transport of loads at workplaces. Furthermore, section 16 of the same Resolution provides that young persons of 18 years of age may not be engaged in the manual transport of loads whose weight involves physical effort, nor in work classified as exceeding their psychophysical motor strength. Nevertheless, this Resolution does not contain provisions specifying the types of work covered by section 16 and therefore the performance of which is prohibited for persons under 18 years of age. In these conditions, the Committee requests the Government to provide information on the meaning of the expressions "manual transport of loads whose weight involves physical effort" and "work classified as exceeding their psycho-physical motor strength". It also requests the Government to indicate whether there is a list of types of work prohibited for young persons under 18 years of age. In this connection, it draws the Government’s attention to the ILO publication Maximum weight in lifting and carrying (Occupational Safety and Health Series, No. 59, Geneva, 1988), in which it is indicated that 15 kg is the limit recommended from an ergonomic point of view for the admissible weight of loads to be transported occasionally by women between 15 and 18 years of age and the weight for men in the same age group is 35 kg.

2. Part V of the report form. While noting that, according to the transitory provision of the 1998 Ministerial Resolution on health and safety relating to the maximum weight of a load which may be transported manually by a worker, enterprises and work centres will have a period of no longer than one year to modify operations and processes and adopt measures for the manual transport of loads, the Committee requests the Government to provide information on the application of this Resolution in practice and consequently on the implementation of the provisions of the Convention. It reminds the Government that this information should include summaries of the reports of the General Directorate of Occupational Safety and Health which, under section 17 of the Resolution, is responsible for supervising and controlling compliance with the provisions of the Resolution, as well as statistics on the number and nature of contraventions reported and the action taken on them.

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The Committee notes the Government’s report. It also notes with interest the Ministerial Health and Safety Resolution of 1998 respecting the maximum weight of a load which may be transported manually by a worker, which sets forth minimum occupational safety and health measures to protect workers performing tasks related to the manual handling of loads. It notes in particular with satisfaction that, under section 12 of the Resolution, a maximum weight is established for the handling of loads which may be transported manually by men and women, thereby giving effect to Articles 3 and 7 (Women) of the Convention.

The Committee is addressing a request directly to the Government on other matters.

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The Committee notes the Government’s report.

1.  The Committee notes the Government’s indication to the effect that the General Directorate of Hygiene and Health at Work, which comes under the aegis of the Ministry of Labour, is currently conducting a study with a view to preparing regulations taking into consideration, on the one hand, all the conditions specific to the manual transport of loads with a view to fixing the maximum weight of loads that can be lifted and transported manually by one worker and, on the other hand, the Committee’s comments, which will result in the harmonization of legislation with the provisions of the Convention. The Committee expresses strongly the hope that these regulations will be adopted in the near future and will include provisions ensuring effective protection of workers against hazards involved in the manual transport of loads, in accordance with the following provisions of the Convention, the application of which has been the subject of its comments for 20 years: the establishment of a maximum weight for any load - not only bags and crates as provided in section 182 of the Labour Code - whose weight is likely to jeopardize the health or safety of the worker (Article 3 of the Convention); the due consideration of all the conditions in which the manual transport of loads is to be performed, namely the nature of the work, physiological characteristics, climatic conditions, and the difference between the lifting and the transport of loads (Article 4). Noting once again that national legislation does not always contain provisions specifically on the manual transport of loads by women and young workers aged under 18 years, the Committee recalls that Article 7 of the Convention specifies that where women and young workers are engaged in such work, the maximum weight of the loads shall be substantially less than that permitted for adult male workers. In addition, in regard to young workers, the Committee observes once again that section 123 of the Labour Code prohibits employment of young persons under 14 years old in industrial enterprises. In this context, the Committee recalls that under Article 1(c) of the Convention the term "young worker" means a worker under 18 years of age. It indicates also that in accordance with Article 2 of the Convention the limits on the employment of minors and the maximum weight fixed shall be applied to all branches of economic activity (agriculture, commerce, transport) for which there is a labour inspection system.

2.  Part V of the report form.  Further to its previous comments, the Committee requests the Government to supply information on the practical application of the provisions of the Convention. This information should include summaries of inspection service reports (in particular concerning decisions taken by the labour inspectors fixing the maximum weight of loads that may be transported for distances equal to or greater than 150 varas (about 180 metres), by virtue of section 182(3) of the Labour Code, statistics on the number and nature of contraventions noted, on the measures taken in this regard, as well as information on the technical devices used (section 183(1) of the Labour Code).

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The Committee notes the Government's report.

1. The Committee notes with interest the ministerial decision respecting occupational safety and health which establishes general and minimum standards relating to occupational safety and health. The Committee notes that, by virtue of section 3 of this decision, that the Ministry of Labour shall publish, under this instrument, rules and directives relating to safety and health in the various fields referred to in Annex 1 to the decision, which include the handling and storing of loads and materials. The Committee hopes that the text which is adopted to protect workers against the risks involved in the manual transport of loads will give full effect to the following provisions of the Convention, on the application of which it has been commenting for several years:

Article 3. With reference to its previous comments concerning section 182 of the Labour Code, the Committee hopes that a maximum weight will be established for any load whose weight is likely to jeopardize the health or safety of the worker.

Article 4. The Committee also hopes that all the conditions will be taken into account in which the manual transport of loads is to be performed (the nature of the work, physiological characteristics, climatic conditions, and the difference between the lifting and transport of loads).

Article 7. The Committee noted in its previous comments that no provisions specifically limit the manual transport of loads by women and young workers.

The Committee recalls that by virtue of Article 7 of the Convention, the manual transport of loads not only has to be limited, but the maximum weight established in the case of women and young workers has to be substantially less than that permitted for adult male workers.

The Committee notes that section 123 of the Labour Code prohibits the employment in industrial undertakings of young persons under 14 years of age, and that it would therefore be necessary, when limiting the manual transport of loads and the maximum weight that may be carried by young workers, to take into account that, for the purposes of the Convention, the term "young worker" means a worker under 18 years of age.

It should also be noted that the limitation placed upon the employment of young persons and the maximum weight which is established should apply to all sectors of economic activity (agriculture, trade and transport) in respect of which a system of labour inspection is maintained, in accordance with Article 2 of the Convention.

The Committee hopes that the provisions necessary to give full effect to Article 7 of the Convention will be included in the regulations which are to be prepared.

2. The Committee notes the establishment of the National Occupational Safety and Health Board.

3. With reference to its previous comments, the Committee requests the Government to supply information on the application of the provisions of the Convention, in conformity with point V of the report form. It would be desirable for this information to include extracts from reports of the inspection services (particularly relating to decisions which have been taken by labour inspectors which establish maximum weights that can be transported for distances which are equal to or greater than 150 varas (approximately 180 metres) by virtue of section 182(3) of the Labour Code), statistics on the number and nature of contraventions reported and the action taken on them, as well as information on the mechanical means used (section 183(1) of the Labour Code).

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The Committee notes the Government's report according to which the Directorate of Occupational Safety and Health is preparing regulations based on its comments which, in accordance with Article 8 of the Convention, will be transmitted for consultation with organisations of employers and workers, once it has been revised by senior officials in the Ministry.

The Committee hopes that the above regulations will give full effect to the following Articles of the Convention, which have been the subject of its previous comments, and that the Government will supply a copy of the above regulations when they have been adopted.

Article 3 of the Convention. In its previous comments, the Committee referred to section 182 of the Labour Code, by virtue of which the weight of sacks containing merchandise of any kind which are to be carried by manpower shall not exceed 125 libras in all, and it observed that, in accordance with Article 3 of the Convention, the restriction of the weight must apply not only to sacks but also to any other load whose weight is likely to jeopardise the health or safety of the worker.

The Committee requests the Government to take the necessary measures to amend section 182 of the Labour Code so that the maximum weight of 125 libras applies to any load which is likely to jeopardise the health or safety of the worker.

Article 4 of the Convention. The Committee notes that section 182 of the Labour Code, which limits the maximum weight to be carried by manpower to 125 libras, provides in subsection 3 that if the distance is not less than 150 varas the weight shall be established by the labour inspector. The Committee requests the Government to supply information on the effect given in practice to section 182(3) of the Labour Code and to supply copies of decisions that have been taken by labour inspectors establishing the maximum weights that can be transported for distances of not less than 150 varas. The Committee also notes that the provisions of Chapter X of the Labour Code (weight of sacks to be carried by manpower) do not refer to the other conditions in which the work is to be performed: climate, topography or frequency. Nor is a distinction made between lifting and transport.

The Committee hopes that the provisions of the regulations which are currently being formulated will take into account the conditions in which the transport is performed by establishing the maximum weight of a load which may be transported manually.

Article 6. The Committee notes section 183 of the Labour Code, according to which merchandise in sacks or boxes weighing more than 125 libras shall not be transported except by mechanical means.

The Committee requests the Government to supply information on the effect given in practice to section 183, on the mechanical means employed and the weight of the loads transported in this manner.

Article 7. The Committee notes that no provisions specifically limit the manual transport of loads by women and young workers.

The Committee points out that by virtue of Article 7 of the Convention, not only must the manual transport of loads be limited, but the maximum weight of such loads, where women and young workers are engaged in their transport, shall be substantially less than that permitted for adult male workers.

The Committee notes that section 123 of the Labour Code prohibits the employment in industrial undertakings of young persons under 14 years of age, and that it would therefore be necessary, when limiting the manual transport of loads and the maximum weight that may be carried by young workers, to take into account that, for the purposes of the Convention, the term "young workers" means a worker under 18 years of age.

It should also be specified that the limitation on the employment of young persons and the maximum weight that is established should apply to all sectors of economic activity (agriculture, trade, transport) in respect of which a system of labour inspection is maintained, in accordance with Article 2 of the Convention.

The Committee hopes that the provisions necessary to give full effect to Article 7 of the Convention will be included in the regulations that are being prepared.