Marking of Weight (Packages Transported by Vessels) Convention, 1929 (No. 27) - Hungary (Ratification: 1937)

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Legislation. With reference to its previous comments, the Committee takes note of the legislation provided by the Government and requests it to indicate the relevant provisions of Appendix 4 of Government Decree No. 17/1993 (VII.1.), which give effect to the Convention.

The Committee notes the information provided by the Government in response to its 2007 general observation, on modern methods of cargo handling, and particular reference to containers. The Committee notes the Government’s indication on the ratification of the 1972 International Convention for Safe Containers, developed by the International Maritime Organization. The Government declares that the 1972 Convention contains up-to-date methods of handling and structural safety requirements. The Committee further notes the Government’s suggestion that due to new methods of cargo handling, it would be justified to revise and update the Convention. The Committee also notes that the Government proposes the conduct of research by the Office, in order to identify other international conventions which contain provisions on the marking of weight on heavy packages transported by vessels, in order to avoid duplications, and to inform the Governing Body of the outcome of such research. The Committee asks the Government to continue to provide any relevant information on the application of the Convention.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

1. The Committee notes the Government’s statement that the Parliament has adopted Act No. CXLI of 2005 on Contract for Carriage of Goods by Inland Waterways (CMNI), that its section 6(3) gives effect to the Convention and that its section 3(1) is applicable to inland waterways transport. The Committee also notes the Government’s statement that shipping activities, including loading operations connected to this matter, are regulated in detail in Appendix 4 of Decree No. 17/1993(01/07) issued by the Ministry of Transport, Telecommunication and Water Management on Safety Requirements for certain Hazardous Activities. The Committee requests the Government to submit copies of the said legislations as well as any relevant information on the application of this Convention in practice.

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.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

1. The Committee notes that the legislation to which the Government refers regarding the application of the Convention, in particular the Seamen Service Regulations and section 6.3.2.23 of the annex to MAHART's Labour Safety Regulations, do not contain any provisions relating to the marking of weight of packages transported by vessels. The Committee further notes the Government's indication to the effect that the control over transportation by sea is not carried out by Hungarian authorities, for Hungary does not have direct access to the sea. As far as domestic traffic is concerned, the transport of bulk goods rather than package cargo is typical. In this respect, the Committee recalls that according to Article 1, paragraphs 3 and 4, of the Convention the obligation to see that the marking requirement is observed rests on the government of the country from which the package is consigned. The Committee accordingly requests the Government to supply information on measures taken or contemplated in respect of packages consigned from Hungary.

2. The Committee again requests the Government to provide with its next report extracts from any inspection reports, including the degree of compliance with the marking of weight requirements, or any other information available on the manner in which effect is given to the Convention in practice (Part V of the report form).

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

1. In earlier comments, the Committee had noted the Government's indication in its report for the period ending 30 June 1989 that various rules and regulations, including section 6.3.2.23 of the Annex to MAHART's Labour Safety Regulations, prohibit the loading of cargo of unknown weight and had asked for copies of the texts referred to. The Committee has noted the information supplied by the Government in its latest report as well as the excerpt from MAHART's Service Regulations which does not, however, include the provision referred to earlier by the Government. The Committee also notes from the Government's report the view expressed by MAHART that marking of the weight of heavy packages is the consignor's (seller's) obligation. In this connection, the Committee recalls that under Article 1, paragraphs 3 and 4, of the Convention, the obligation to see that the marking requirement is observed rests on the Government of the country from which the package is consigned, and it shall be left to national laws or regulations to determine whether the marking obligation shall fall on the consignor or some other person or body. As concerns the implementation of the Convention with regard to packages consigned from Hungary the Committee therefore again requests the Government to supply copies of the texts it had referred to earlier in this connection, namely, sections 190 and 203 of the Seamen's Service Rules, and section 6.3.2.23 of the Annex to MAHART's Labour Safety Regulations.

2. The Committee again requests the Government to provide with its next report extracts from any inspection reports indicating the degree of compliance with the marking of weight requirements, or any other information available on the manner in which effect is given to the Convention in practice (point V of the report form).

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. Further to its previous request concerning the practical application of the Convention, the Committee noted the Government's indication in its report that section 190(e), (f) and (h) of the Seamen's Service Rules make it a duty of the captain of a vessel to supervise loading operations and to see that the vessel is not loaded above its tonnage, and that he can do this only in knowledge of the exact weight of the packages shipped, which he must report. The Government further referred to section 203(e), (f), (g) and (i) of the same Rules, which require the first officer to observe the transport of the cargo and to control its weight and quantity as well as the work of those participating in loading, and to section 6.3.2.23 of the Annex to MAHART's Labour Safety Regulations which prohibits the loading of cargo of unknown weight. The Committee notes these indications with interest and would appreciate it if the Government would provide with its next report copies of the Rules and Regulations referred to, as well as extracts from any inspection reports indicating the degree of compliance with these requirements.

2. Referring to its general observation of 1987 on the manner in which effect is given to the Convention in respect of containers, the Committee noted from the information supplied in the Government's report that only few long-shoremen are in a position to weigh containers and that they frequently take into account estimated or fixed maximum weight, whereas Article 1, paragraph 1, of the Convention stipulates that the real gross weight of the package shall be marked upon it on the outside. The Committee would appreciate it if the Government would provide in its next report information on any measures taken or contemplated to ensure the application of the Convention to containers.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

1. Further to its previous request concerning the practical application of the Convention, the Committee notes the Government's indication in its report that section 190(e), (f) and (h) of the Seamen's Service Rules make it a duty of the captain of a vessel to supervise loading operations and to see that the vessel is not loaded above its tonnage, and that he can do this only in knowledge of the exact weight of the packages shipped, which he must report. The Government further refers to section 203(e), (f), (g) and (i) of the same Rules, which require the first officer to observe the transport of the cargo and to control its weight and quantity as well as the work of those participating in loading, and to section 6.3.2.23 of the Annex to MAHART's Labour Safety Regulations which prohibits the loading of cargo of unknown weight. The Committee notes these indications with interest and would appreciate it if the Government would provide with its next report copies of the Rules and Regulations referred to, as well as extracts from any inspection reports indicating the degree of compliance with these requirements.

2. Referring to its general observation of 1987 on the manner in which effect is given to the Convention in respect of containers, the Committee notes from the information supplied in the Government's report that only few long-shoremen are in a position to weigh containers and that they frequently take into account estimated or fixed maximum weight, whereas Article 1, paragraph 1, of the Convention stipulates that the real gross weight of the package shall be marked upon it on the outside. The Committee would appreciate it if the Government would provide in its next report information on any measures taken or contemplated to ensure the application of the Convention to containers.