Demande directe (CEACR) - adoptée 2019, publiée 109ème session CIT (2021)

Convention du travail maritime, 2006 (MLC, 2006) - Bulgarie (Ratification: 2010)

The Committee notes the Government’s second report on the application of the Maritime Labour Convention, 2006, as amended (MLC, 2006). The Committee notes that the amendments to the Code approved by the International Labour Conference in 2014 and in 2016 entered into force for Bulgaria, respectively, on 18 January 2017 and on 8 January 2019. It further notes that the Government’s report was received before the entry into force for Bulgaria of these amendments. The Committee notes the efforts undertaken by the Government to implement the Convention. Based on its second review of the information and documents available, the Committee draws the Government’s attention to the following issues.

Article II, paragraphs 1(f) and 2 of the Convention. Definitions and scope of application. Seafarers. In its previous comment, the Committee requested the Government to clarify whether any person employed, engaged or working in any capacity on board a ship to which the Convention applies is considered a seafarer for the purposes of the Convention. The Committee notes the Government’s indication that pursuant to article 87, paragraph 1, of the Merchant Shipping Code (MSC), the crew of the ship are deemed persons possessing specific qualifications or seafarers, according to the definition of the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978 (STCW), as amended. Paragraph 1а, item 9 of the Supplemental Provision of the MSC defines seafarers as natural persons assuming the position on board a ship or on shore, possessing a certificate of qualification for additional and/or special training. The Government further states that this definition conforms to the definition provided under the MLC, 2006. The Committee notes however that the different pieces of legislation referred to by the Government seem to narrow the definition of “seafarer” to persons possessing a certificate of competence or qualification under the STCW. The Committee recalls that the definition of seafarers in Article II, paragraph 1(f) of the Convention, encompasses not only personnel with navigational and vessel operation tasks, but also other persons working in any capacity on board ships, such as personnel of cruise ships (for example, catering and hotel staff). The Committee therefore requests the Government to amend its national legislation to ensure full conformity with the Convention.

Cadets. The Committee also requested the Government to clarify whether persons between 16 and 18 years of age on board ship for training in navigation are considered as seafarers under Bulgarian legislation. The Committee notes that the Government did not reply to this request. The Committee recalls that obtaining on-board training for the purpose of becoming a seafarer by definition implies working on board and, as a result, no question of doubt can arise concerning the fact that cadets are to be regarded as seafarers for the purpose of the Convention. The Committee once again requests the Government to provide clarification on this point and to adopt the necessary measures to ensure that cadets are regarded as seafarers for the purposes of the Convention.

Regulation 1.1 and Standard A1.1, paragraph 4. Minimum age. Hazardous work. The Committee requested the Government to provide information on the types of work that have been determined to be likely to jeopardize the health or safety of these seafarers. The Committee notes the Government’s reference to Ordinance No. 6 dated 24 July 2006, issued by the Minister of Labour and Social Policy and the Minister of Health, on the conditions and order for work permits of persons under the age of 18 which explicitly envisions the types of work and working environment under which persons under the age of 18 are forbidden to work. A detailed (non-exhaustive) list is provided in the appendix to article 8, paragraph 2 of the same Ordinance. The Government considers that the types of work envisaged in Guideline В4.3.10, paragraph 2 banned for seafarers under the age of 18 coincide with the ones outlined in the Appendix specified above. The Committee takes notes of this information, which responds to its previous request.

Regulation 1.2 and Standard A1.2, paragraph 4. Medical Certificate. Qualified medical practitioner. The Committee requested the Government to indicate how it gives effect to Standard A1.2, paragraph 4 to ensure independence of medical practitioners. The Committee notes the Government’s indication that professional independence of the medical specialists for seafarers is guaranteed via an explicit set of requirements. The Government refers to article 12, paragraphs 4–8 of Ordinance No. Н-11 of 30 April 2014 requiring objective criteria, as well as individual professional assessment upon provision of conclusions regarding the health fitness of seafarers by the respective medical specialists. Conclusions provided by the medical specialists are certified by the personal signature and in their capacity of officials, medical specialists bear criminal liability in the event of providing or certifying false data. In addition, they are not directly employed by shipowners but are employees of the healthcare institutions pursuant to article 7, paragraphs 1 and 2 of Ordinance No. Н-11 of 30 April 2014. The Committee takes note of this information which responds to its previous request.

Regulation 1.4 and Standard A1.4, Paragraph 5(c)(vi). Recruitment and placement. System of protection. The Committee requested the Government to indicate how effect is given to this requirement of the Convention. The Committee notes the Government’s answer that national legislation does not contain an explicit text regulating this issue. The Government further refers to the Ordinance on the conditions and order for performance of mediation activities for employment, section IV “Mediation activities on employment of sailors”, article 34, (as amended – SG, Issue 52 dated 2006), according to which mediation activities for employment of seafarers are implemented in line with the requirements of the Conventions of the ILO and the IMO, ratified and enforced for the Republic of Bulgaria. While noting this information, the Committee recalls that paragraph 5(c)(vi) of Standard A1.4 provides that a Member adopting private seafarer recruitment and placement services shall, in its laws and regulations or other measures, at a minimum establish a system of protection such as an insurance arrangement, to ensure that seafarers can be duly compensated for any monetary loss caused by the recruitment and placement services or the relevant shipowner. The Committee consequently requests the Government to adopt concrete measures in order to give full effect to this requirement of the Convention.

Regulation 2.1 and Standard A2.1, paragraph 1(b). Seafarers’ employment agreement. Examination and advice before signing. The Committee requested the Government to provide further information on the implementation of this provision for seafarers directly recruited by the shipowner (and not through a recruitment agency). The Committee notes the Government’s indication that pursuant to article 62, paragraph 6 of the Labour Code, the employer (which in this specific case also includes shipowner) undertakes to familiarize the sailor with the nature of the work and the labour-related obligations upon performance of the employment contract/agreement. These clarifications should also include data regarding the specific risks, connected to the work on board the specific ship. The Committee also notes the Government’s statement that it is possible to propose an amendment of the Ordinance for Labour and Associated Relations between the Crew and the Shipowner (hereafter Ordinance for Labour), to include a specific text regarding the possibility for seafarers to examine and seek advice regarding the agreement, before signing. The Committee requests the Government to provide information on any development on this possible amendment to the existing legislation to ensure full compliance with the Convention (paragraph 1(b) of Standard A2.1).

Regulation 2.2 and Standard A2.2, paragraphs 3, 4 and 5. Wages. Allotments. The Committee requested the Government to indicate the measures requiring shipowners to take measures with respect to transmitting wages as required under these provisions of the Convention. The Committee notes the Government’s reference to article 270, paragraph 3 of the Labour Code, providing for the possibility for workers (seafarers), upon request, for remittance of their labour remuneration to their relatives/next of kin or to a specified bank account. The Committee takes note of this information which addresses its previous request.

Regulation 2.4, paragraph 2. Entitlement to leave. Shore leave. Noting that the Labour Code does not contain provisions implementing this requirement, the Committee requested the Government to indicate the measures taken to give effect to Regulation 2.4, paragraph 2. Noting that the Government does not provide an answer on this point, it reiterates its previous request.

Regulation 2.4 and Standard A2.4, Paragraph 3. Entitlement to leave. Prohibition of agreements to forgo annual leave. The Committee requested the Government to clarify whether agreements to forgo annual leave are permitted under its legislation. The Committee notes the Government’s indication that, although article 34 of the Ordinance for Labour allows the theoretical possibility for replacement of the due annual leave with pecuniary compensation, an agreement to forgo annual leave is prohibited by article 178 of the Labour Code. The Government further indicates that a procedure on amendments of national legislation shall be engaged and correct this non-conformity. Noting the inconsistency in the existing legislation, the Committee requests the Government to adopt the necessary measures to ensure that any agreement to forgo the minimum annual leave with pay is prohibited, except in specific cases provided for by the competent authority.

Regulation 2.5 and Standard A2.5.2. Financial security in the event of abandonment. In relation to the 2014 amendments to the Code of the Convention, the Committee recalls that, pursuant to Standard A2.5.2, the Government shall ensure the provision of an expeditious and effective financial security system to assist seafarers in case of their abandonment. The Committee brings the Government’s attention to the following questions included in the revised report form for the Convention: (a) does national legislation require the provision of an expeditious and effective financial security system to assist seafarers in the event of their abandonment? (if yes, specify if the financial security system was determined after consultation with the shipowners’ and seafarers’ organizations concerned); (b) has your country received requests to facilitate repatriation of a seafarer and, if yes, how did your country respond?; (c) what are the circumstances under which a seafarer is considered abandoned according to national legislation?; (d) does national legislation provide that ships that need to be certified according to Regulation 5.1.3 must carry on board a certificate or other documentary evidence of financial security issued by the financial security provider? (if yes, specify if the certificate or other documentary evidence must contain the information required by Appendix A2-I and has to be in English or accompanied by an English translation, and if a copy must be posted in a conspicuous place on board); (e) does national legislation require that the financial security system is sufficient to cover outstanding wages and other entitlements, all expenses incurred by the seafarer (including the cost of repatriation), and the essential needs of the seafarers, as defined in Standard A2.5.2, paragraph 9?; and (f) does national legislation provide for at least 30 days of notice by the financial security provider to the competent authority of the flag State before the financial security can cease? The Committee requests the Government to reply to the above-mentioned questions, indicating in each case the applicable national provisions. The Committee also requests the Government to provide a copy of a model certificate or other documentary evidence of financial security containing the information required in Appendix A2-I of the Convention (Standard A2.5.2, paragraph 7).

Regulation 2.6 and Standard A2.6, paragraph 1. Compensation for the ship’s loss or foundering. Unemployment Indemnity. The Committee requested the Government to indicate how it ensures implementation of this provision of the Convention. The Committee notes the Government’s indication that by virtue of combined application of article 328, paragraph 1, item 12 of the Labour Code and article 886 of the Commercial Shipping Code, in case of impossibility for performance of the employment contract (such as sinking of the ship) the shipowner will have to give prior notice of at least 30 days to the seafarer and during this period of notice the seafarer will receive labour remuneration, calculated in a commensurate manner. The Government further indicates that for greater clarity, proposals for amendments to the Ordinance for Labour have been prepared in order to regulate the compensation of seafarers in these cases. Noting that the existing legislation does not give effect to Regulation 2.6 and the Code, the Committee requests the Government to adopt the necessary measures to ensure full compliance with this provisions of the Convention.

Regulation 2.7 and Standard A2.7, paragraph 3. Manning Levels. Food and catering. The Committee requested the Government to clarify whether determinations of manning levels of ships take into account Regulation 3.2 and Standard A3.2. The Committee notes the Government’s indication that items 6.12 and 7.5 of Appendix 8 to article 13, paragraph 2 of the Ordinance No. 6 of 5 April 2012 on Seafarers’ Competence in the Republic of Bulgaria explicitly provides, upon determination of the minimum safe crew, the application of all rules of the MLC, 2006, including provision of food and potable water for the entire crew of the ship. The maritime administration possesses the exclusive right to require correction of the number and composition of the minimum safe crew from the shipowner when it finds that some of the applicable norms of the MLC, 2006 are not taken into consideration. The Committee hopes, when determining manning levels, the maritime administration will in particular take into account the requirements of Standard A3.2 related to the need to have a fully qualified cook or a person trained in the area of food as well as adequately trained catering staff.

Regulation 3.1 and the Code. Accommodation and recreational facilities. Noting that the existing provisions are of a general nature and do not address all the requirements under this Regulation, the Committee requested the Government to provide further information in this regard. The Committee notes the Government’s indication that, according to article 43 of the Ordinance for Labour, the shipowner is obligated to ensure, free of charge and in a non-discriminatory manner, a number of recreational facilities including access to internet communications, where possible. The Government further refers to the direct application of Regulation 3.1 in its national legislation, in accordance with the constitutional principle guaranteeing precedence of ratified international conventions over the provisions of national legislation, which are contradictory to them. While the Committee takes note of this information, it observes that a number of provisions of Regulation 3.1 are not self-executory and require the Government to adopt laws and regulations or other measures in order to implement them. This is notably the case of Standard A3.1, paragraph 18 under which the competent authority shall require frequent inspections to be carried out on board ships, by or under the authority of the master, to ensure that seafarer accommodation is clean, decently habitable and maintained in a good state of repair. The Committee further notes the Government’s indication that for greater clarity and completeness, a proposed amendment to the Ordinance for Labour is under preparation. The Committee accordingly requests the Government to indicate the measures adopted to give full effect to Regulation 3.1 and the Code.

Regulation 3.2 and Standard A3.2, paragraph 2(a). Food and catering. Religious and cultural practices. Noting that the Ordinance for Labour does not mention the obligation to take into account the differing cultural and religious background of seafarers, as required by paragraph 1 of Regulation 3.2 of the Convention, the Committee requested the Government to indicate how effect is given to this provision of the Convention. The Committee notes with interest that the Ordinance for Labour was amended in 2018 to comply with this requirement.

Regulation 4.1 and Standard A4.1, paragraph 4(d). Medical care on board and ashore. Minimum requirements. Medical advice by radio or satellite. The Committee requested the Government to provide further information on the implementation of Standard A4.1, paragraph 4(d). The Committee notes the Government’s reference to article 9 of Ordinance No. Н-11 of 30 April 2014 on the determination of requirements for health fitness of seafarers in the Republic of Bulgaria which requires medical centres to provide round-the-clock on-duty service for the provision of medical consultations via telephone in Bulgarian and English to the seafarers on board a ship. Noting however that mentioned Ordinance does not specify if this service is provided free of charge to all ships irrespective of the flag they fly, the Committee requests the Government to provide clarifications on this point.

Regulation 4.2 and Standard A4.2.1, paragraph 3. Shipowners’ liability. Incapacity. Noting the absence of a specific provision giving effect to Standard A4.2, paragraph 3, the Committee requested the Government to indicate how effect is given to this provision of Convention. The Committee notes the Government’s reference to article 162 of the Labour Code, according to which in the events of accident or illness demanding hospitalization of a seafarer, he/she shall be deemed on leave due to temporary disability. For the duration of the leave, the employee shall be paid a cash compensation within periods specified by a separate law. The Government, however, does not specify whether wages are to be paid to the seafarer during this period in accordance with Standard A4.2.1, paragraph 3. The Committee further notes that, according to article 49, paragraph 1, of the Ordinance for Labour, in case of temporary incapacity for work due to a general illness, an accident at work or an occupational disease, the crew members and the servicing personnel shall receive financial compensation. The Committee, however, observes that, although this article foresees a financial compensation to the sick or injured seafarer, it does not clarify whether wages are to be paid and during which period. The Committee recalls that in accordance with Standard A4.2.1, paragraph 3, 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 seafarers remain on board or until the seafarers have been repatriated in accordance with this Convention; and (b) to pay wages in whole or in part as prescribed by national laws or regulations or as provided in collective agreements from the time when the seafarers are repatriated or landed until their recovery or, if earlier, until they are entitled to cash benefits under the legislation of the Member concerned. The Committee accordingly requests the Government once again to clarify how effect is given to this requirement of the Convention.

Regulation 4.2 and Standard A4.2.1 and A4.2.2. Shipowners’ liability. Financial security in the event of death or long-term disability. In relation to the 2014 amendments to the Code of the Convention, the Committee recalls that pursuant to Standards A4.2.1 and A4.2.2, national laws and regulations shall provide that the financial security system to assure compensation in the event of the death or long-term disability of seafarers due to an occupational injury, illness or hazard meet certain minimum requirements. The Committee notes the Government’s indication that it has planned amendments to the Ordinance for Labour in order to give effect to the 2014 amendments. The Committee brings the Government’s attention to the following questions included in the revised report form for the Convention: (a) what is the form taken by the system of financial security and was it determined after consultation with the shipowners’ and seafarers’ organizations concerned?; (b) how national laws and regulations ensure that the system of financial security meets the following minimum requirements: (i) payment of compensation in full and without delay; (ii) no pressure to accept payment less than the contractual amount; (iii) interim payments (while situation is being assessed) to avoid undue hardship; (iv) offsetting payment against any damages resulting from any other claim made by the seafarer against the shipowner and arising from the same incident; and (v) persons who can bring the claim for contractual compensation (seafarer, her/his next of kin, representative or designated beneficiary)?; (c) does national legislation provide that ships must carry on board a certificate or other documentary evidence of financial security issued by the financial security provider? (if yes, specify if the certificate or other documentary evidence has to contain the information required in Appendix A4-I, be in English or accompanied by an English translation, and if a copy must be posted in a conspicuous place on board); (d) does national legislation provide: (i) for at least 30 days of notice by the financial security provider to the competent authority of the flag State before the financial security can cease; (ii) that the competent authority is notified by the financial security provider if a shipowner’s financial security is cancelled or terminated; and (iii) that seafarers receive prior notification if a shipowner’s financial security is to be cancelled or terminated?; and (e) how does national legislation ensure that effective arrangements are in place to receive, deal with and impartially settle contractual claims relating to compensation in the event of the death or long-term disability of seafarers due to an occupational injury, illness or hazard, through expeditious and fair procedures? The Committee requests the Government to reply to the above-mentioned questions, indicating in each case the applicable national provisions. The Committee also requests the Government to provide a copy of a model certificate or other documentary evidence of financial security containing the information required in Appendix A4-I of the Convention (Standard A4.2.1, paragraph 14).

Regulation 4.3 and Standard A4.3, paragraph 2(d). Health and safety protection and accident prevention. Ship’s safety committee. Noting that article 67(2) of the Ordinance for Labour requires a safety committee to be established on board ships of ten seafarers or more, the Committee requested the Government to adopt measures to ensure that such committees are established on board a ship on which there are five or more seafarers in accordance with Standard A4.3, paragraph 2(d). The Committee notes with interest that article 67 of the Ordinance for Labour has been amended accordingly.

Regulation 4.4 and Standard 4.4., paragraph 2. Access to shore-based welfare facilities. Development of facilities in appropriate ports. The Committee notes the Government’s indication that there are no operating seafarer welfare facilities in its country. The Committee requests the Government to provide up-to-date information on any measures taken to promote the development of shore-based welfare facilities in appropriate ports in its country (Standard A4.4, paragraph 2).

Regulation 4.5 and Standard A4.5, paragraph 3. Social security. Protection for seafarers ordinarily resident in its territory and employed on board foreign ships (other than EU). The Committee requested the Government to provide clarifications on the measures taken to provide seafarers who are ordinarily resident in Bulgaria and employed on board ships flying the flag of a country not member of the EU with social security coverage no less favourable than that enjoyed by shoreworkers, in accordance with Standard A4.5, paragraphs 2 and 3. The Committee notes the Government’s indication that, under article 4(а) of the Social Security Code, seafarers must be subject to mandatory social security for general illness and maternity, disabilities due to general illness, old age, death, labour/work accident and occupational illness over a selected monthly social security income determined for self-employed persons by the State Social Security Budget Act. The Code also establishes the possibility for seafarers upon their own choice to make social security contributions for unemployment. The Committee observes that, contrary to shoreworkers, seafarers residing in Bulgaria and employed on board foreign ships (other than EU) would be assimilated to self-employed workers and would need to bear alone the financial burden of both employer’s and employee’s contributions. This situation is not in conformity with the principle established by Regulation 4.5, paragraph 3, according to which seafarers who are subject to the national social security legislation are entitled to benefit from social security protection no less favourable than that enjoyed by shoreworkers. The Committee therefore requests the Government to indicate measures taken or envisaged to comply with the principle of equality of treatment between seafarers and shoreworkers as regards social security protection in the case of seafarers serving on board foreign ships (other than EU), in particular by way of actively seeking to conclude bilateral or multilateral social security agreements, for example, with the most important flag States with a view to giving effect to the above principle.

Regulation 5.1.1 and the Code. Flag State responsibilities. General principles. The Committee requested the Government to provide further information on the specific measures taken to ensure the effectiveness of the system in place for the inspection and certification of maritime labour conditions on ships. The Committee notes the Government’s indication that inspections and certification are executed by the Executive Agency Maritime Administration (EAMA). Regarding the efficiency of the system, the Government states that the Bulgarian system has been certified under the “ISO 9001” Standard Quality Management System. The Committee welcomes the adoption, referred to by the Government, of the special procedure No. 05-15 on the review and issue of documents for conventional ships according to the MLC, 2006, most recently updated in 2017, which contain detailed provision on the inspection and certification of ships. The Committee takes note of this information.

Regulation 5.1.2 and Standard A5.1.2, paragraph 4. Flag State responsibilities. Authorization of recognized organizations. List provided to the ILO. The Committee requested the Government to provide the list of recognized organizations authorized to carry out inspections or certifications on behalf of Bulgaria. The Committee notes the Government’s indication that, currently, no recognized organization has been authorized to carry out these functions, which are solely performed by the competent authority (EAMA). The Committee takes note of this information which addresses its previous request.

Regulation 5.1.3 and Standard A5.1.3, paragraph 10. Flag State responsibilities. Declaration of Maritime Labour Compliance (DMLC). Content. Noting that two of the examples of the DMLC Part II provided by the Government mainly contained a list of references to other documents, the Committee requested the Government to instruct its inspectors to review the DMLC Part II to ensure that they are more informative concerning the ways in which the national requirements are to be implemented between inspections. The Committee notes the Government’s indication that inspectors of the EAMA were familiarized with this recommendation of the Committee and shall undertake due actions to require Bulgarian shipowners a revision of the DMLC Part II. The Committee takes note of this information and requests the Government to submit new examples with its next report.

Regulation 5.1.4 and Standard A5.1.4, paragraphs 5 and 7. Flag State responsibilities. Inspection and enforcement. Powers of inspectors. Investigation and remedy. The Committee requested the Government to provide a copy of any national guidelines issued to inspectors under Standard A5.1.4, paragraph 7 and a copy of any documentation that is available informing seafarers and interested others about the procedures for making a complaint regarding a breach of the requirements of the Convention (Standard A5.1.4, paragraph 5, and Guideline B5.1.4, paragraph 3). The Committee notes the Government’s indication that these requirements are included in Ordinance No. 11 on the inspections of ships and shipowners. The Committee takes note of this information.

Regulation 5.1.4 and Standard A5.1.4, paragraphs 10 and 11. Flag State responsibilities. Inspection and enforcement. Confidentiality. Noting the absence of information on specific provisions requiring that inspectors keep the source of the complaint confidential (Standard A5.1.4, paragraph 10) nor on the confidentiality regarding commercial processes which may come to the knowledge of inspectors in the course of their duties (Standard A5.1.4, paragraph 11(b)), the Committee requested the Government to indicate how effect is given to these requirements of the Convention. The Committee notes the Government’s indication that under article 31(е), paragraph 3 of Ordinance No. 11 on the inspection of ships and shipowners, inspectors preserve the confidentiality of the sources of complaints containing allegations on nonconformity of living and working of seafarers or violations of the legislation. In no way shall they inform the shipowner, the shipowner’s representative or the ship operator, that a particular inspection was performed as a result of such complaint. The Government further states that, concerning the confidentiality of commercial processes which may come to the knowledge of inspectors in the course of their duties, there is a legal obligation for all employees of the EAMA to preserve the secrecy of data (article 360, paragraph 4 of the Commercial Shipping Code). The Committee takes note of this information which addresses its previous requests.

Regulation 5.1.5 and the Code. Flag State responsibilities. On-board complaints procedures. The Committee requested the Government to provide a copy of Bulgaria’s model for on-board complaint procedures, if developed, or of typical procedures that are followed on ships that fly its flag (Regulation 5.1.5). The Committee notes the Government’s indication that this matter is regulated by article 54(6) of the Ordinance for Labour under which the shipowner has an obligation to adopt and implement written procedures for review of individual complaints on board the ship. The Committee recalls that according to the Convention, each Member shall ensure that, in its laws and regulations, appropriate on-board complaint procedures are in place to meet the requirements of Regulation 5.1.5 (Standard A5.1.5, paragraph 2). The Committee requests the Government to indicate how it ensures that the procedures developed by the shipowners meet the requirements of the Convention.

Additional documents requested. The Committee notes that the Government has omitted to provide some of the documents previously requested. The Committee reiterates its request as follows: a copy of the standard Maritime Labour Certificate, including Part I of the Declaration of Maritime Labour Compliance; an example in English of the approved document for seafarers’ record of employment (Standard A2.1, paragraphs 1 and 3); report or other document containing information on the objectives and standards established for Bulgaria’s inspection and certification system, including the procedures for its assessment (Standard A5.1.1); an example in English of authorizations given to recognized organizations (Regulation 5.1.1, paragraph 5; Regulation 5.1.2, paragraph 2); a copy of the annual reports on inspection activities that have been issued in accordance with Standard A5.1.4, paragraph 13, during the period covered by this report or, if not yet available, during the previous period; a copy of the form used for an inspector’s report (Standard A5.1.4, paragraph 12); a copy of the report in connection with the regime of the port State control pursuant to the provisions of Rule 5.2.1; a copy of the report in connection with the port State control arrangements (Regulation 5.2.1) and a copy in English of a document that describes the onshore-handling procedures (Regulation 5.2.2).