Marking of Weight (Packages Transported by Vessels) Convention, 1929 (No. 27) - Azerbaijan (RATIFICATION: 1992)

CMNT_TITLE

The Committee notes the information provided by the Government, which answers the points raised in its previous direct request and has no further matters to raise in this regard.

CMNT_TITLE

Article 1 of the Convention. Marking of weights. In its previous comments, the Committee requested the Government to indicate the legal provisions giving effect to the Convention. The Committee notes that the Government reiterates in its report that the Convention is implemented through section 106(2) of the Code of Commercial Shipping of 2001, which provides that the consigner shall duly mark the loads and submit to the carrier all the necessary information concerning loads. In this regard, the Committee requests the Government to confirm that the obligation to mark loads, under section 106(2) of the Code of Commercial Shipping, includes the marking of weight, especially when the package or object has a gross weight of more than one thousand kilograms (one metric tonne), as provided for in Article 1(1) of the Convention.

CMNT_TITLE

Article 1 of the Convention. Marking of weights. In relation to its previous comments the Committee notes that the Government did not provide the information requested. It therefore requests again the Government to indicate whether the obligation to mark loads consigned for shipping includes the marking of any package or objet of 1,000 kilograms (one metric ton) or more gross weight as provided for by Article 1(1) of the Convention, and to indicate the applicable legal provisions in this regard.

Part V of the report form. Application in practice. The Committee notes that the Government declares that the implementation of the Convention may be considered satisfactory, and that the implementation of laws and decrees giving effect to the Convention is ensured by port surveyors during the loading and unloading of the ships and through inspectors, once the loading is completed. The Committee requests the Government to continue to provide any pertinent information in relation to the application in practice of this Convention.

CMNT_TITLE

1. The Committee notes the information contained in the Government’s report including information regarding relevant legislation giving effect to the Convention as requested in the Committee’s previous comments.

2. Article 1 of the Convention. Marking of weight. The Committee notes that in the context of the application of this Article, the Government refers, inter alia, to the provisions in article 106.2 of the Code of Commercial Shipping adopted on 22 June 2001 which provide that “the obligation for having the loads marked shall fall on the consignor who shall submit to the carrier the detailed information about it” without further specification as to the scope of the obligation to have loads marked. The Committee requests the Government to indicate whether the obligation to mark loads consigned for shipping includes the marking of any package or object of 1,000 kilograms (one metric ton) or more gross weight as provided for in Article 1, paragraph 1, of the Convention.

3. With regard to the question of possible difficulties encountered in the application of the Convention in relation to modern methods of cargo handling, with particular reference to containers, the Committee requests the Government to refer to the general observation that it is making on the Convention at the present session.

CMNT_TITLE

The Committee notes the Government's indication in its report to the effect that no new legislative or other measures applying the provisions of the Convention have been adopted since 1992 when Azerbaijan officially recognized the applicability of this Convention ratified by the former USSR The Committee therefore asks the Government to determine the legislation of the former USSR which remains in force in Azerbaijan as regards the application of the Convention.