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Article 1 of the Convention. Applicable legislation. The Committee notes the Government’s indication that the Convention is reflected in the standards set out in the Merchant Shipping Code. The Government states that, according to Article 136 of the Merchant Shipping Code, the bill of lading shall indicate the name of the cargo, its marking, and the number of packages or quantity and/or size (weight, volume), and if necessary, information on the appearance, condition and special properties of the cargo, and that Article 176 provides for the fact that the carrier is liable for any loss, shortage or damage of the cargo they agreed to transport if they are unable to prove that the loss, shortage or damage was out of their control, in particular, if resulted from insufficient or illegible marking of the cargo. However, the Committee notes that these provisions do not foresee the marking of the weight of any package or object of 1,000 kilogrammes (one metric tonne) or more gross weight consigned within its territory for transport by sea or inland waterway. With reference to its 2007 general observation on the application of the Convention, the Committee recalls that it has requested Governments to provide information on how effect is given to the Convention in relation to modern methods of cargo handling, with particular reference to containers. In this regard, the Committee notes that Ukraine is a party to the International Convention for the Safety of Life at Sea (SOLAS), of which Regulation 2 of Chapter VI, which entered into force on 1 July 2016, addresses the issue of the verified gross tonnage of freight containers. The Committee requests the Government to indicate any national text implementing Regulation 2 of Chapter VI of the SOLAS Convention, which would constitute a measure contributing to the implementation of Article 1 of the Convention, and to provide a copy.

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Legislation. The Committee notes that, according to the Government, during the transhipment of export cargo originating in Ukraine and of transit of cargo within the Commonwealth of Independent States (CIS), commercial seaports are guided by the requirements of the interstate standard No. 14192-96 entitled “Marking of packages”. It also notes that, according to the Government, this legislative instrument gives effect to the Convention with regard to the marking of the weight of heavy packages. The Government also indicates that during the transhipment of import cargo, commercial seaports are guided by quality assurance certificates of the countries of the producers of the goods imported, and that those certificates satisfy the requirements of the Convention with regard to the marking of the weight of heavy packages. The Committee requests the Government to continue to provide any pertinent information in relation to this Convention.

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1. The Committee notes the information provided in the Government’s report including reference to two “guidance documents”, the Regulations for the Marine Transport of Large and Heavy Cargoes (No. 31.13.02-89) and the Regulations for the Safe Marine Transport of Normal Cargoes (No. 31.01.003-94) which are not available to the Committee. The Committee requests the Government to submit copies of these regulations and, if they are legally binding texts, to indicate if they replace or complement existing legislation.

2. 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.

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