Marking of Weight (Packages Transported by Vessels) Convention, 1929 (No. 27) - Peru (Ratification: 1962)

Direct Request (CEACR) - adopted 2024, published 113rd ILC session (2025)

The Committee notes the observations of the National Confederation of Private Business’ Institutions (CONFIEP) transmitted with the Government’s report. It also notes the observations of the Autonomous Workers’ Confederation of Peru (CATP), received on 1 September 2024, which refer to the issues raised by the Committee below. The Committee requests the Government to provide its comments in this respect.

Article 1 of the Convention. The Committee notes that CONFIEP reports that the application of the Convention has been dependent on factors such as the development of maritime transportation, informality in certain sectors and the complexity of the logistics chains. It states that, while enterprises in the formal economy comply with the Convention, its application is hindered due to informality in sectors such as fishing, where its provisions are not always observed, which makes their effective enforcement by the authorities challenging. The CATP, in its observations, emphasizes that the Convention requires that any package of one metric ton or more shall have its weight visibly marked upon it on the outside. However, Annex 4 of Supreme Decree No. 013-2011-MTC only sets out the obligation to declare this weight in a document, without the requirement to mark it on the outside of the package, and therefore does not comply with the requirements of the Convention. The union adds that the lack of coordination among the various authorities makes it difficult to properly check the weight of the packages. The Committee notes the Government’s indication that verifying and monitoring this obligation is incumbent on the National Superintendence of Labour Inspection (SUNAFIL), and that this body has not registered any information concerning inspection orders or administrative penalty proceedings for failure to comply relating to marking of the weight on packages transported by vessels. The Committee requests the Government to provide information on the manner in which the authorities ensure that all enterprises, irrespective of the sector, comply with the obligation to mark the weight of goods weighing more than one thousand kilograms, as laid down in Article 1 of the Convention. It also requests the Government to forward any information provided by SUNAFIL that shows failure to comply with the obligation to mark goods or the lack of coordination among the different port authorities responsible for such handling, which could endanger the safety of workers.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

The Committee notes that, with regard to modern methods of cargo handling, and particularly to containers, the Government reports that the obligation to mark the weight before loading is governed by Appendix 4 of the Regulations on the Reception and Clearance of Vessels in the Ports of the Republic of Peru, adopted by Supreme Decree No. 013-2011-MTC, which is applied by the National Ports Authority and other authorities. Act No. 27943 on the National Ports System regulates activities and services in the terminals, infrastructure and installations located in ports, both public and private, and everything that constitutes and relates to the National Ports System. Sections 10 and 164 of the General Customs Act, approved by Legislative Decree No. 1053 of 2008, provide that the National Tax Administration Supervisory Authority (SUNAT) has responsibility, through the customs, for the control and inspection of goods, while section 4 of the Containers Regulations, approved by Supreme Decree No. 09 95 F of 1995, empowers the Customs Authorities to authorize the entry and exit of containers. The General Customs Act, approved by Legislative Decree No. 1053 of 2008, particularly sections 10, 164 and 98(i), and the General Customs Regulations, approved by Supreme Decree No. 121 96 EF, regulate the formalities for the entry and exist of containers. The Government also describes the type of containers used, of which there are basically five. The Committee requests the Government to continue providing all relevant information relating to the application of this Convention.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

In reply to the general observation of 2007, the Government states that there have been no major changes to the legislation that have any bearing on the application of the Convention. The Government states that the requirement to mark the weight plainly and durably on the outside of any package or object of 1,000 kilogrammes (1 metric tonne) or more for transport by sea or inland waterway is plainly a measure in the interest of workers’ safety. It specifies that the Occupational Safety and Health Regulations adopted in 2005, and amended in 2007, aim to establish fundamental standards to serve as a basis for the gradual and progressive harmonization of sectoral standards with a view to protecting workers against risks inherent in their work. The Committee notes the Government’s statement that it will send to the Office technical information from the competent authority on the results of the application of the Convention, and invites the Government to provide in its next regular report, due in 2012, all available additional information on the manner in which the Convention is applied taking into account modern methods for the handling of cargo, particularly containers, and to specify any difficulties encountered.