Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes the Government’s indication in its report that there has been no change concerning the situation in the French Southern and Antarctic Territories (TAAF) since its last report. The registered fleet is now composed of only a few fishing vessels and, in accordance with Act No. 2005-412 of 3 May 2005 on the establishment of the French International Register (RIF), commercial vessels can no longer be registered in the TAAF. The Committee requests the Government to indicate any developments in this situation.

Article 2 of the Convention. Statistics and investigations into maritime occupational accidents. The Committee previously requested the Government to indicate the manner in which the French Marine Accident Investigation Office (BEAmer) intervenes concerning occupational accidents on board fishing vessels registered in the TAAF. It also requested the Government to take measures to ensure that occupational accidents are adequately reported and investigated and comprehensive statistics of such accidents are kept and analysed. The Committee notes the Government’s indication that, as the TAAF has no jurisdiction of its own, the BEAmer intervenes in French territorial waters on the same basis in the overseas departments as in the metropolitan area. The Government also indicates that, regarding maritime occupational accidents, a specific study commissioned by the maritime authority from the Maritime Prevention Institute is being carried out on the vessels registered in the TAAF to analyse the situations in which accidents occur, the distribution of accidents by type of injury and the consequences of these accidents in terms of the mortality rate. The Committee requests the Government to provide information on the results of the above-mentioned study.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes the Government’s indication in its reports that, since the implementation of Act No. 2005-412 of 3 May 2005, commercial vessels are registered in the French International Register (RIF) and that therefore only a few fishing boats are still registered in the French Southern and Antarctic Territories (TAAF). It also notes that the TAAF have no permanent population. Thus, the maritime Conventions which are applicable in the TAAF and which do not cover fishing vessels are rendered moot for these territories. The Committee requests the Government to indicate any development to this situation. With regard to the Conventions which apply to fishing vessels, and in order to provide an overview on the issues relating to their application, the Committee considers it helpful to examine them in a single comment as follows.

Prevention of Accidents (Seafarers) Convention, 1970 (No. 134). Article 2. Statistics and investigations into maritime occupational accidents. The Committee recalls that it previously asked the Government to provide copies of reports of investigations established following maritime occupational accidents, as well as statistics on the number, nature, causes and consequences of occupational accidents on board fishing boats registered in the TAAF. While noting the Government’s reference to the activities of the French Marine Accident Investigation Office (BEAmer), the Committee observes that the BEAmer website indicates that, although it intervenes on the same basis in the overseas departments as in the mainland, the situation is different for the overseas territories, including the TAAF, for which the powers devolved to them are taken into account. The Committee requests the Government to indicate how the BEAmer can intervene in the TAAF and, in all cases, take the necessary measures to ensure that occupational accidents are investigated and properly documented and that detailed statistics on these accidents are established and analysed. It requests the Government to provide information in this regard.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

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 comments.

Repetition

Article 1 of the Convention. Scope of application. The Committee recalls that section 26 of Act No. 96-151 of 26 February 1996 respecting transport authorized the registration, under the responsibility of the French Southern and Antarctic Territories (TAAF), of commercial, fishing and pleasure vessels. It notes the adoption of Act No. 2005-412 of 3 May 2005 on the establishment of the French international register, section 34 of which provides that, two years after the publication of the Act, section 26 of the Act of 26 February 1996 referred to above would no longer be applicable to commercial vessels and that, following the expiry of that period, vessels still registered in the TAAF would be registered in the French international register. The Committee also understands that the number of ships currently registered in the TAAF is extremely low and that they are solely fishing vessels, to which the Convention is not applicable pursuant to a motion to this effect adopted by the International Labour Conference at its second session in 1920. In light of the above, the Committee observes that the Convention is currently without object with regard to the TAAF and requests the Government to keep the Office informed of any legislative changes in this respect.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

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 comments.

Repetition

Article 1 of the Convention. Scope of application. The Committee recalls that this Convention is revised by the Recruitment and Placement of Seafarers Convention, 1996 (No. 179), which was ratified by France in 2004. It also recalls that, in accordance with Article 9(4) of Convention No. 179, the ratification by France constituted an act of immediate denunciation of the Placing of Seamen Convention, 1920 (No. 9). However, neither at the time of communicating the instrument of ratification of Convention No. 179 on 27 April 2004 nor at any time thereafter has the Government expressed its intention to extend the application of that Convention to the French Southern and Antarctic Territories (TAAF) – as it had done by letter dated 9 March 1990 with respect to Convention No. 9. The Committee therefore notes that the Government is still formally bound by Convention No. 9 in respect of the TAAF, which is all the more unfortunate as the only ships currently registered in the TAAF are fishing vessels that fall outside the scope of application of the Convention (as decided by the International Labour Conference in 1920). In the light of the preceding remarks, and also noting that Convention No. 179 offers the possibility to extend its coverage to fishers, the Committee encourages the Government to consider the possibility of extending the application of ratified Convention No. 179 to the TAAF, which would formally terminate its obligations under Convention No. 9 with respect to that non metropolitan territory. The Committee requests the Government to keep the Office informed of any decision taken in this respect.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

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 comments.

Repetition

Article 1 of the Convention. Scope of application. The Committee recalls that section 26 of Act No. 96-151 of 26 February 1996 concerning transport permitted the registration, within the jurisdiction of the French Southern and Antarctic Territories (TAAF), of commercial vessels, fishing boats and pleasure craft. However, under section 34 of Act No. 2005-412 of 3 May 2005 concerning the establishment of the French International Register, section 26 of the abovementioned Act of 1996 became inapplicable to commercial vessels as from two years following the publication of the aforementioned Act of 2005 and, on expiry of this period, vessels still registered in the TAAF were to be registered in the French International Register. Moreover, the Committee notes the Government’s indications that the fleet registered in the TAAF now consists solely of a few fishing vessels, to which the Convention is not applicable pursuant to the resolution concerning this issue adopted by the International Labour Conference at its Third Session in 1921. In the light of the above, the Committee observes that the Convention is currently without object with regard to the TAAF and requests the Government to provide information on any legislative changes in this respect.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

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 comments.

Repetition

Article 1 of the Convention. Scope of application. The Committee recalls that section 26 of Act No. 96-151 of 26 February 1996 concerning transport permitted the registration, within the jurisdiction of the French Southern and Antarctic Territories (TAAF), of commercial vessels, fishing boats and pleasure craft. However, under section 34 of Act No. 2005-412 of 3 May 2005 concerning the establishment of the French International Register, section 26 of the abovementioned Act of 1996 became inapplicable to commercial vessels as from two years following the publication of the aforementioned Act of 2005 and, on expiry of this period, vessels still registered in the TAAF were to be registered in the French International Register. Moreover, the Committee notes the Government’s indication that the fleet registered in the TAAF now consists solely of a few fishing vessels, to which the Convention is not applicable pursuant to Article 1(2)(f) thereof. In the light of the above, the Committee observes that the Convention is currently without object in the territory of the TAAF and requests the Government to keep the Office informed of any legislative changes made in this respect.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

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 comments.

Repetition

Article 1 of the Convention. Scope of application. The Committee recalls that section 26 of Act No. 96-151 of 26 February 1996 concerning transport permitted the registration, within the jurisdiction of the French Southern and Antarctic Territories (TAAF), of commercial vessels, fishing boats and pleasure craft. However, under section 34 of Act No. 2005-412 of 3 May 2005 concerning the establishment of the French International Register, section 26 of the abovementioned Act of 1996 became inapplicable to commercial vessels as from two years following the publication of the aforementioned Act of 2005 and, on expiry of this period, vessels still registered in the TAAF were to be registered in the French International Register. Moreover, the Committee notes the Government’s indication that the fleet registered in the TAAF now consists solely of a few fishing vessels, to which the Convention is not applicable pursuant to Article 1(2)(f) thereof. In the light of the above, the Committee observes that the Convention is currently without object in the territory of the TAAF and requests the Government to keep the Office informed of any legislative changes made in this respect.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

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 comments.

Repetition

The Committee notes that section 26 of Act No. 96-151 of 26 February 1996 concerning transport, permitted the registration, within the jurisdiction of the French Southern and Antarctic Territories (TAAF), of commercial vessels, fishing boats and pleasure craft. However, under section 34 of Act No. 2005-412 of 3 May 2005 concerning the establishment of the French International Register, section 26 of the above Act of 1996 became inapplicable to commercial vessels as from two years following the publication of the Act of 2005 and, on expiry of this period, vessels still registered in the TAAF were to be registered in the French International Register. Moreover, the Committee notes the Government’s indication that the fleet registered in the TAAF now consists solely of a few fishing vessels. However, it points out that, contrary to the indications in the Government’s report, the Convention is applicable to fishing vessels. While noting that the Convention currently has a very limited scope in practice because of the small number of fishing vessels registered in the TAAF, the Committee observes that it is not, however, completely redundant.

Article 3(1) of the Convention. Obligation for officers to hold certificates of competency. The Committee notes that, according to the Government’s report, the TAAF do not have any permanent residents or any training structures and that consequently, no certificates are issued in the name of the TAAF. It notes that officers employed on board vessels registered in the TAAF who are permanent residents in metropolitan France or in the overseas departments are hired directly by the shipowners and that, de facto, the rules on the qualifications of officers on board fishing vessels are applied there. It further notes that section L.5795-1 of the Transport Code extends to the TAAF the application of sections L.5521-1 and L.5521-2 of the Code, which provide respectively that the provisions relating to the conditions for issuing qualifications are fixed by decree in the Council of State and that persons may only exercise the profession of seafarer if they meet the vocational training conditions referred to in section L.5521-1 corresponding to the duties they are required to perform on board ship. In the light of the above, it is the Committee’s understanding that officers employed on board fishing vessels registered in the TAAF must fulfil the conditions fixed by Decree No. 99-439 of 25 May 1999 concerning the issuance of maritime training qualifications and conditions of work on board commercial and fishing vessels and also pleasure craft which have a crew list. The Committee therefore requests the Government to refer to its comments on the application of Articles 3(2), 5 and 6 of the Convention in metropolitan France. Finally, while noting with interest the Government’s indication that it has begun the process of ratifying the Work in Fishing Convention, 2007 (No. 188), the Committee draws the Government’s attention to the fact that the latter does not cover matters relating to the issuance of certificates of competency.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

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 comments.

Repetition

Article 1 of the Convention. Scope of application. The Committee recalls that section 26 of Act No. 96-151 of 26 February 1996 concerning transport permitted the registration, within the jurisdiction of the French Southern and Antarctic Territories (TAAF), of commercial vessels, fishing boats and pleasure craft. However, under section 34 of Act No. 2005-412 of 3 May 2005 concerning the establishment of the French International Register, section 26 of the abovementioned Act of 1996 became inapplicable to commercial vessels as from two years following the publication of the aforementioned Act of 2005 and, on expiry of this period, vessels still registered in the TAAF were to be registered in the French International Register. Moreover, the Committee notes the Government’s indication that the fleet registered in the TAAF now consists solely of a few fishing vessels, to which the Convention is not applicable. In the light of the above, the Committee observes that the Convention is currently without object in the territory of the TAAF and requests the Government to keep the Office informed of any legislative changes made in this respect.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

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 comments.

Repetition

Article 1 of the Convention. Scope of application. The Committee recalls that section 26 of Act No. 96-151 of 26 February 1996 concerning transport permitted the registration, within the jurisdiction of the French Southern and Antarctic Territories (TAAF), of commercial vessels, fishing boats and pleasure craft. However, under section 34 of Act No. 2005-412 of 3 May 2005 concerning the establishment of the French International Register, section 26 of the abovementioned Act of 1996 became inapplicable to commercial vessels as from two years following the publication of the aforementioned Act of 2005 and, on expiry of this period, vessels still registered in the TAAF were to be registered in the French International Register. Moreover, the Committee notes the Government’s indication that the fleet registered in the TAAF now consists solely of a few fishing vessels. In view of the fact that the Convention only applies to seagoing vessels engaged in the transport of cargo or passengers for the purpose of trade and that fishing vessels are therefore excluded from its scope, the Committee observes that the Convention is currently without object in the territory of the TAAF. Noting with interest the Government’s indication that it has begun the process of ratifying the Work in Fishing Convention, 2007 (No. 188), the Committee requests the Government to keep the Office informed of any developments that might have an impact on the application of the Convention.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

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 comments.

Repetition

Article 1 of the Convention. Scope of application. The Committee recalls that section 26 of Act No. 96-151 of 26 February 1996 concerning transport permitted the registration, within the jurisdiction of the French Southern and Antarctic Territories (TAAF), of commercial vessels, fishing boats and pleasure craft. However, under section 34 of Act No. 2005-412 of 3 May 2005 concerning the establishment of the French International Register, section 26 of the abovementioned Act of 1996 became inapplicable to commercial vessels as from two years following the publication of the aforementioned Act of 2005 and, on expiry of this period, vessels still registered in the TAAF were to be registered in the French International Register. Moreover, the Committee notes the Government’s indication that the fleet registered in the TAAF now consists solely of a few fishing vessels. In view of the fact that the Convention only applies to seagoing vessels engaged in the transport of cargo or passengers for the purpose of trade and that fishing vessels are therefore excluded from its scope, the Committee observes that the Convention is currently without object in the territory of the TAAF. Noting with interest the Government’s indication that it has begun the process of ratifying the Work in Fishing Convention, 2007 (No. 188), the Committee requests the Government to keep the Office informed of any developments that might have an impact on the application of the Convention.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

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 comments.

Repetition

Article 1 of the Convention. Scope of application. The Committee recalls that section 26 of Act No. 96-151 of 26 February 1996 concerning transport permitted the registration, within the jurisdiction of the French Southern and Antarctic Territories (TAAF), of commercial vessels, fishing boats and pleasure craft. However, under section 34 of Act No. 2005-412 of 3 May 2005 concerning the establishment of the French International Register, section 26 of the above Act of 1996 became inapplicable to commercial vessels as from two years following the publication of the Act of 2005 and, on expiry of this period, vessels still registered in the TAAF were to be registered in the French International Register. Moreover, the Committee notes the Government’s indication that the fleet registered in the TAAF now consists solely of a few fishing vessels, to which the Convention is not applicable pursuant to Article 1(3)(c). In light of the above, the Committee observes that the Convention is currently without object in the territory of the TAAF and requests the Government to keep the Office informed of any legislative changes made in this respect.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

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 comments.

Repetition

The Committee notes that section 26 of Act No. 96-151 of 26 February 1996 concerning transport permitted the registration, within the jurisdiction of the French Southern and Antarctic Territories (TAAF), of commercial vessels, fishing boats and pleasure craft. However, under section 34 of Act No. 2005-412 of 3 May 2005 concerning the establishment of the French International Register, section 26 of the 1996 Act became inapplicable to commercial vessels as from two years following the publication of the 2005 Act and, on expiry of this period, vessels still registered in the TAAF were to be registered in the French International Register. Moreover, the Committee notes the Government’s indication that the fleet registered in the TAAF now consists solely of a few fishing vessels. However, it points out that, contrary to the indications in the Government’s report, the Convention is applicable to fishing vessels. While noting that the Convention currently has a very limited scope in practice because of the small number of fishing vessels registered in the TAAF, the Committee observes that it is not, however, completely redundant.

Article 1 of the Convention. Obligation for able seamen to hold certificates of qualification. The Committee notes that section L5795-1 of the Transport Code extends to the TAAF the application of sections L5521-1 and L5521-2 of the Code, which provide, respectively, that the provisions concerning the conditions for issuing qualifications are fixed by decree in the Council of State and that persons may only exercise the profession of seafarer if they fulfil the vocational training conditions referred to in section L5521-1 corresponding to the duties they are required to perform on board ship. In light of the above, it is the Committee’s understanding that qualified seafarers employed on board fishing vessels registered in the TAAF must fulfil the conditions fixed by Decree No. 99 439 of 25 May 1999 concerning the issuance of maritime training qualifications and conditions of work on board commercial and fishing vessels and also pleasure craft which have a crew list. The Committee therefore requests the Government to refer to the comments which it has been making for a number of years on the application of the Convention by metropolitan France and, in particular, on the inadequacy of the minimum period of actual service at sea prescribed by section 55 of the above Decree for issuing the certificate of qualification as a bridge watch rating, which is three months instead of the 36 months required by the Convention.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

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 comments.

Repetition

Article 1 of the Convention. Scope of application. The Committee notes the Government’s indication that the fleet currently registered in French Southern and Antarctic Territories (TAAF) consists exclusively of fishing vessels, since merchant ships can no longer be registered in the TAAF following the adoption of Act No. 2005-412 on 3 May 2005 concerning the establishment of the French International Register (RIF). This prohibition is also reflected in section L.5795-11 of the Transport Code of 2007. In view of the fact that under Article 1(3)(c) of the Convention, vessels engaged in fishing or in whaling or in similar pursuits are excluded from its scope of application, the Committee concludes that the Convention is currently without object in respect of the French Southern and Antarctic Territories. While noting with interest that the Government has initiated the process of ratification of the Work in Fishing Convention, 2007 (No. 188), the Committee requests the Government to keep the Office informed of any further developments which might have an impact on the application of the Convention.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

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 comments.

Repetition

Article 1 of the Convention. Scope of application. The Committee notes the Government’s indication that the fleet currently registered in French Southern and Antarctic Territories (TAAF) consists exclusively of fishing vessels, since merchant ships can no longer be registered in the TAAF following the adoption of Act No. 2005-412 on 3 May 2005 concerning the establishment of the French International Register (RIF). This prohibition is also reflected in section L.5795 11 of the Transport Code of 2007. In view of the fact that under Article 1(4)(c) of the Convention, vessels engaged in fishing or in whaling or in similar pursuits are excluded from its scope of application, the Committee concludes that the Convention is currently without object in respect of the French Southern and Antarctic Territories. While noting with interest that the Government has initiated the process of ratification of the Work in Fishing Convention, 2007 (No. 188), the Committee requests the Government to keep the Office informed of any further developments which might have an impact on the application of the Convention.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

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 comments.

Repetition

The Committee notes that section 26 of Act No. 96-151 of 26 February 1996 concerning transport permitted the registration, within the jurisdiction of the territory of the French Southern and Antarctic Territories (TAAF), of commercial vessels, fishing boats and pleasure crafts. However, under section 34 of Act No. 2005-412 of 3 May 2005 concerning the establishment of the French International Register (RIF), section 26 of the above Act of 1996 became inapplicable to commercial vessels as from two years following the publication of the above Act of 2005 and, on expiry of this period, vessels still registered in the TAAF were to be registered in the RIF. Moreover, the Committee notes the Government’s indication that the fleet registered in the TAAF now consists solely of a few fishing vessels. While noting that the Convention currently has a very limited scope in practice because of the small number of fishing vessels registered in the TAAF, the Committee observes that it is not, however, completely redundant.

Article 2 of the Convention. Statistics and investigations into maritime occupational accidents. The Committee requests the Government to provide copies of reports of investigations established following maritime occupational accidents, as well as statistics on the number, nature, causes and consequences of occupational accidents on board fishing boats registered in the TAAF.

Article 4. Provisions on the prevention of occupational accidents. The Committee notes that, under section L5795-12 of the Transportation Code, seafarers on vessels registered in the Register of the TAAF are subject to the Labour Code applicable in the Overseas Territory of the Southern and French Antarctic Territories. It notes that section 133 of this Code provides for the establishment, in each group of territories and in each territory, of a Technical Advisory Committee for the study of issues relevant to the health and safety of workers. It also notes that, pursuant to section 134, hygiene and safety at the workplace are regulated by decrees of the head of the group of territories, the non grouped territory or the trust territory, after consultation with the Technical Advisory Committee, thus aiming at providing workers with health and safety conditions equivalent to those enjoyed by workers in Metropolitan France. The Committee requests the Government to provide further details on the provisions adopted with respect to the prevention of maritime occupational accidents, pursuant to section 134 of the Labour Code applicable to the TAAF, as well as information on the establishment of Technical Advisory Committees.

In addition, the Committee notes that, pursuant to section L5792-1 of the Transportation Code, most of the provisions of Book II of Part V of this Code, including its Title IV, entitled “Safety and prevention of pollution”, are applicable to vessels registered in the Register of the TAAF. It notes the Government’s indication that, consequently, all of the relevant provisions applicable to fishing vessels, contained in the regulation annexed to the Decree of 23 November 1987 concerning the safety of ships, as amended, which has been adopted pursuant to Decree No. 84 810 of 30 August 1984 on safeguarding life at sea, habitability on board and pollution prevention, as amended – which regulates occupational safety and health on board vessels – are applicable to vessels registered in the TAAF. The Committee requests the Government to provide further information on the manner in which these provisions are effectively implemented on board fishing vessels registered in the TAAF. Furthermore, the Committee notes that section L5545-9 of the Transportation Code, which provides that “work and living places on board ships are to be developed and maintained so that their use ensures the physical and mental health and the safety of seafarers. These places must be permanently kept in a clean, hygienic and sanitary state ensuring the health of the workers concerned”, does not apply to vessels registered in the TAAF. The Committee requests the Government to clarify the reasons for this exclusion. Finally, the Committee requests the Government to indicate whether a “single document on prevention” (Document Unique de Prévention, DUP) must be established and maintained on board fishing boats registered in the TAAF and, if so, to specify the provisions applicable in this matter.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

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 comments.

Repetition

Article 2 of the Convention. Scope of application. The Committee recalls that section 26 of Act No. 96-151 of 26 February 1996 concerning transport permitted the registration, within the jurisdiction of the French Southern and Antarctic Territories (TAAF), of commercial vessels, fishing boats and pleasure craft. However, under section 34 of Act No. 2005-412 of 3 May 2005 concerning the establishment of the French International Register, section 26 of the 1996 Act became inapplicable to commercial vessels as from two years following the publication of the 2005 Act and, on expiry of this period, vessels still registered in the TAAF were to be registered in the French International Register. Moreover, the Committee notes the Government’s indication that the fleet registered in the TAAF now consists solely of a few fishing vessels, to which the Convention is not applicable pursuant to Article 2(2)(b) thereof. In the light of the above, the Committee observes that the Convention is currently redundant in the territory of the TAAF and requests the Government to keep the Office informed of any legislative changes made in this respect.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

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 comments.

Repetition

Article 1 of the Convention. Scope of application. The Committee notes the Government’s indication that the fleet currently registered in the French Southern and Antarctic Territories (TAAF) consists exclusively of fishing vessels, since merchant ships can no longer be registered in the TAAF following the adoption of Act No. 2005-412 on 3 May 2005 concerning the establishment of the French International Register (RIF). This prohibition is also reflected in section L.5795 11 of the Transport Code of 2007. In view of the fact that under Article 1(4)(b) of the Convention, ships engaged in fishing or in whaling or in similar pursuits are excluded from its scope of application, the Committee concludes that the Convention is currently without object in respect of the French Southern and Antarctic Territories. The Committee requests the Government to keep the Office informed of any further developments which might have an impact on the application of the Convention.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Article 1 of the Convention. Scope of application. The Committee recalls that section 26 of Act No. 96-151 of 26 February 1996 respecting transport authorized the registration, under the responsibility of the French Southern and Antarctic Territories (TAAF), of commercial, fishing and pleasure vessels. It notes the adoption of Act No. 2005-412 of 3 May 2005 on the establishment of the French international register, section 34 of which provides that, two years after the publication of the Act, section 26 of the Act of 26 February 1996 referred to above would no longer be applicable to commercial vessels and that, following the expiry of that period, vessels still registered in the TAAF would be registered in the French international register. The Committee also understands that the number of ships currently registered in the TAAF is extremely low and that they are solely fishing vessels, to which the Convention is not applicable pursuant to a motion to this effect adopted by the International Labour Conference at its second session in 1920. In light of the above, the Committee observes that the Convention is currently without object with regard to the TAAF and requests the Government to keep the Office informed of any legislative changes in this respect.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Article 1 of the Convention. Scope of application. The Committee recalls that this Convention is revised by the Recruitment and Placement of Seafarers Convention, 1996 (No. 179), which was ratified by France in 2004. It also recalls that, in accordance with Article 9(4) of Convention No. 179, the ratification by France constituted an act of immediate denunciation of the Placing of Seamen Convention, 1920 (No. 9). However, neither at the time of communicating the instrument of ratification of Convention No. 179 on 27 April 2004 nor at any time thereafter has the Government expressed its intention to extend the application of that Convention to the French Southern and Antarctic Territories (TAAF) – as it had done by letter dated 9 March 1990 with respect to Convention No. 9. The Committee therefore notes that the Government is still formally bound by Convention No. 9 in respect of the TAAF, which is all the more unfortunate as the only ships currently registered in the TAAF are fishing vessels that fall outside the scope of application of the Convention (as decided by the International Labour Conference in 1920). In the light of the preceding remarks, and also noting that Convention No. 179 offers the possibility to extend its coverage to fishers, the Committee encourages the Government to consider the possibility of extending the application of ratified Convention No. 179 to the TAAF, which would formally terminate its obligations under Convention No. 9 with respect to that non-metropolitan territory. The Committee requests the Government to keep the Office informed of any decision taken in this respect.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Article 1 of the Convention. Scope of application. The Committee recalls that section 26 of Act No. 96-151 of 26 February 1996 concerning transport permitted the registration, within the jurisdiction of the French Southern and Antarctic Territories (TAAF), of commercial vessels, fishing boats and pleasure craft. However, under section 34 of Act No. 2005-412 of 3 May 2005 concerning the establishment of the French International Register, section 26 of the abovementioned Act of 1996 became inapplicable to commercial vessels as from two years following the publication of the aforementioned Act of 2005 and, on expiry of this period, vessels still registered in the TAAF were to be registered in the French International Register. Moreover, the Committee notes the Government’s indications that the fleet registered in the TAAF now consists solely of a few fishing vessels, to which the Convention is not applicable pursuant to the resolution concerning this issue adopted by the International Labour Conference at its Third Session in 1921. In the light of the above, the Committee observes that the Convention is currently without object with regard to the TAAF and requests the Government to keep the Office informed of any legislative changes in this respect.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Article 1 of the Convention. Scope of application. The Committee recalls that section 26 of Act No. 96-151 of 26 February 1996 concerning transport permitted the registration, within the jurisdiction of the French Southern and Antarctic Territories (TAAF), of commercial vessels, fishing boats and pleasure craft. However, under section 34 of Act No. 2005-412 of 3 May 2005 concerning the establishment of the French International Register, section 26 of the abovementioned Act of 1996 became inapplicable to commercial vessels as from two years following the publication of the aforementioned Act of 2005 and, on expiry of this period, vessels still registered in the TAAF were to be registered in the French International Register. Moreover, the Committee notes the Government’s indication that the fleet registered in the TAAF now consists solely of a few fishing vessels, to which the Convention is not applicable pursuant to Article 1(2)(f) thereof. In the light of the above, the Committee observes that the Convention is currently without object in the territory of the TAAF and requests the Government to keep the Office informed of any legislative changes made in this respect.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Article 1 of the Convention. Scope of application. The Committee recalls that section 26 of Act No. 96-151 of 26 February 1996 concerning transport permitted the registration, within the jurisdiction of the French Southern and Antarctic Territories (TAAF), of commercial vessels, fishing boats and pleasure craft. However, under section 34 of Act No. 2005-412 of 3 May 2005 concerning the establishment of the French International Register, section 26 of the abovementioned Act of 1996 became inapplicable to commercial vessels as from two years following the publication of the aforementioned Act of 2005 and, on expiry of this period, vessels still registered in the TAAF were to be registered in the French International Register. Moreover, the Committee notes the Government’s indication that the fleet registered in the TAAF now consists solely of a few fishing vessels, to which the Convention is not applicable pursuant to Article 1(2)(f) thereof. In the light of the above, the Committee observes that the Convention is currently without object in the territory of the TAAF and requests the Government to keep the Office informed of any legislative changes made in this respect.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes that section 26 of Act No. 96-151 of 26 February 1996 concerning transport, permitted the registration, within the jurisdiction of the French Southern and Antarctic Territories (TAAF), of commercial vessels, fishing boats and pleasure craft. However, under section 34 of Act No. 2005-412 of 3 May 2005 concerning the establishment of the French International Register, section 26 of the above Act of 1996 became inapplicable to commercial vessels as from two years following the publication of the Act of 2005 and, on expiry of this period, vessels still registered in the TAAF were to be registered in the French International Register. Moreover, the Committee notes the Government’s indication that the fleet registered in the TAAF now consists solely of a few fishing vessels. However, it points out that, contrary to the indications in the Government’s report, the Convention is applicable to fishing vessels. While noting that the Convention currently has a very limited scope in practice because of the small number of fishing vessels registered in the TAAF, the Committee observes that it is not, however, completely redundant.

Article 3(1) of the Convention. Obligation for officers to hold certificates of competency. The Committee notes that, according to the Government’s report, the TAAF do not have any permanent residents or any training structures and that consequently, no certificates are issued in the name of the TAAF. It notes that officers employed on board vessels registered in the TAAF who are permanent residents in metropolitan France or in the overseas departments are hired directly by the shipowners and that, de facto, the rules on the qualifications of officers on board fishing vessels are applied there. It further notes that section L.5795-1 of the Transport Code extends to the TAAF the application of sections L.5521-1 and L.5521-2 of the Code, which provide respectively that the provisions relating to the conditions for issuing qualifications are fixed by decree in the Council of State and that persons may only exercise the profession of seafarer if they meet the vocational training conditions referred to in section L.5521-1 corresponding to the duties they are required to perform on board ship. In the light of the above, it is the Committee’s understanding that officers employed on board fishing vessels registered in the TAAF must fulfil the conditions fixed by Decree No. 99-439 of 25 May 1999 concerning the issuance of maritime training qualifications and conditions of work on board commercial and fishing vessels and also pleasure craft which have a crew list. The Committee therefore requests the Government to refer to its comments on the application of Articles 3(2), 5 and 6 of the Convention in metropolitan France. Finally, while noting with interest the Government’s indication that it has begun the process of ratifying the Work in Fishing Convention, 2007 (No. 188), the Committee draws the Government’s attention to the fact that the latter does not cover matters relating to the issuance of certificates of competency.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Article 1 of the Convention. Scope of application. The Committee recalls that section 26 of Act No. 96-151 of 26 February 1996 concerning transport permitted the registration, within the jurisdiction of the French Southern and Antarctic Territories (TAAF), of commercial vessels, fishing boats and pleasure craft. However, under section 34 of Act No. 2005-412 of 3 May 2005 concerning the establishment of the French International Register, section 26 of the abovementioned Act of 1996 became inapplicable to commercial vessels as from two years following the publication of the aforementioned Act of 2005 and, on expiry of this period, vessels still registered in the TAAF were to be registered in the French International Register. Moreover, the Committee notes the Government’s indication that the fleet registered in the TAAF now consists solely of a few fishing vessels, to which the Convention is not applicable. In the light of the above, the Committee observes that the Convention is currently without object in the territory of the TAAF and requests the Government to keep the Office informed of any legislative changes made in this respect.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Article 1 of the Convention. Scope of application. The Committee recalls that section 26 of Act No. 96-151 of 26 February 1996 concerning transport permitted the registration, within the jurisdiction of the French Southern and Antarctic Territories (TAAF), of commercial vessels, fishing boats and pleasure craft. However, under section 34 of Act No. 2005-412 of 3 May 2005 concerning the establishment of the French International Register, section 26 of the abovementioned Act of 1996 became inapplicable to commercial vessels as from two years following the publication of the aforementioned Act of 2005 and, on expiry of this period, vessels still registered in the TAAF were to be registered in the French International Register. Moreover, the Committee notes the Government’s indication that the fleet registered in the TAAF now consists solely of a few fishing vessels. In view of the fact that the Convention only applies to seagoing vessels engaged in the transport of cargo or passengers for the purpose of trade and that fishing vessels are therefore excluded from its scope, the Committee observes that the Convention is currently without object in the territory of the TAAF. Noting with interest the Government’s indication that it has begun the process of ratifying the Work in Fishing Convention, 2007 (No. 188), the Committee requests the Government to keep the Office informed of any developments that might have an impact on the application of the Convention.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Article 1 of the Convention. Scope of application. The Committee notes the Government’s indication that the fleet currently registered in French Southern and Antarctic Territories (TAAF) consists exclusively of fishing vessels, since merchant ships can no longer be registered in the TAAF following the adoption of Act No. 2005-412 on 3 May 2005 concerning the establishment of the French International Register (RIF). This prohibition is also reflected in section L5795-11 of the Transport Code of 2007. The Government adds that there are no permanent residents or training institutions in the TAAF. Recalling that the Convention applies only to seagoing vessels engaged in the transport of cargo or passengers for the purpose of trade and therefore fishing vessels fall outside its scope, the Committee observes that the Convention is currently without object in respect of the TAAF. While noting with interest that the Government has initiated the process of ratification of the Work in Fishing Convention, 2007 (No. 188), the Committee requests the Government to keep the Office informed of any further developments which might have an impact on the application of the Convention.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Article 1 of the Convention. Scope of application. The Committee recalls that section 26 of Act No. 96-151 of 26 February 1996 concerning transport permitted the registration, within the jurisdiction of the French Southern and Antarctic Territories (TAAF), of commercial vessels, fishing boats and pleasure craft. However, under section 34 of Act No. 2005-412 of 3 May 2005 concerning the establishment of the French International Register, section 26 of the above Act of 1996 became inapplicable to commercial vessels as from two years following the publication of the Act of 2005 and, on expiry of this period, vessels still registered in the TAAF were to be registered in the French International Register. Moreover, the Committee notes the Government’s indication that the fleet registered in the TAAF now consists solely of a few fishing vessels, to which the Convention is not applicable pursuant to Article 1(3)(c). In light of the above, the Committee observes that the Convention is currently without object in the territory of the TAAF and requests the Government to keep the Office informed of any legislative changes made in this respect.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes that section 26 of Act No. 96-151 of 26 February 1996 concerning transport permitted the registration, within the jurisdiction of the French Southern and Antarctic Territories (TAAF), of commercial vessels, fishing boats and pleasure craft. However, under section 34 of Act No. 2005-412 of 3 May 2005 concerning the establishment of the French International Register, section 26 of the 1996 Act became inapplicable to commercial vessels as from two years following the publication of the 2005 Act and, on expiry of this period, vessels still registered in the TAAF were to be registered in the French International Register. Moreover, the Committee notes the Government’s indication that the fleet registered in the TAAF now consists solely of a few fishing vessels. However, it points out that, contrary to the indications in the Government’s report, the Convention is applicable to fishing vessels. While noting that the Convention currently has a very limited scope in practice because of the small number of fishing vessels registered in the TAAF, the Committee observes that it is not, however, completely redundant.

Article 1 of the Convention. Obligation for able seamen to hold certificates of qualification. The Committee notes that section L5795-1 of the Transport Code extends to the TAAF the application of sections L5521-1 and L5521-2 of the Code, which provide, respectively, that the provisions concerning the conditions for issuing qualifications are fixed by decree in the Council of State and that persons may only exercise the profession of seafarer if they fulfil the vocational training conditions referred to in section L5521-1 corresponding to the duties they are required to perform on board ship. In light of the above, it is the Committee’s understanding that qualified seafarers employed on board fishing vessels registered in the TAAF must fulfil the conditions fixed by Decree No. 99 439 of 25 May 1999 concerning the issuance of maritime training qualifications and conditions of work on board commercial and fishing vessels and also pleasure craft which have a crew list. The Committee therefore requests the Government to refer to the comments which it has been making for a number of years on the application of the Convention by metropolitan France and, in particular, on the inadequacy of the minimum period of actual service at sea prescribed by section 55 of the above Decree for issuing the certificate of qualification as a bridge watch rating, which is three months instead of the 36 months required by the Convention.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Article 1 of the Convention. Scope of application. The Committee notes the Government’s indication that the fleet currently registered in French Southern and Antarctic Territories (TAAF) consists exclusively of fishing vessels, since merchant ships can no longer be registered in the TAAF following the adoption of Act No. 2005-412 on 3 May 2005 concerning the establishment of the French International Register (RIF). This prohibition is also reflected in section L.5795-11 of the Transport Code of 2007. In view of the fact that under Article 1(3)(c) of the Convention, vessels engaged in fishing or in whaling or in similar pursuits are excluded from its scope of application, the Committee concludes that the Convention is currently without object in respect of the French Southern and Antarctic Territories. While noting with interest that the Government has initiated the process of ratification of the Work in Fishing Convention, 2007 (No. 188), the Committee requests the Government to keep the Office informed of any further developments which might have an impact on the application of the Convention.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Article 1 of the Convention. Scope of application. The Committee notes the Government’s indication that the fleet currently registered in French Southern and Antarctic Territories (TAAF) consists exclusively of fishing vessels, since merchant ships can no longer be registered in the TAAF following the adoption of Act No. 2005-412 on 3 May 2005 concerning the establishment of the French International Register (RIF). This prohibition is also reflected in section L.5795 11 of the Transport Code of 2007. In view of the fact that under Article 1(4)(c) of the Convention, vessels engaged in fishing or in whaling or in similar pursuits are excluded from its scope of application, the Committee concludes that the Convention is currently without object in respect of the French Southern and Antarctic Territories. While noting with interest that the Government has initiated the process of ratification of the Work in Fishing Convention, 2007 (No. 188), the Committee requests the Government to keep the Office informed of any further developments which might have an impact on the application of the Convention.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes that section 26 of Act No. 96-151 of 26 February 1996 concerning transport permitted the registration, within the jurisdiction of the territory of the French Southern and Antarctic Territories (TAAF), of commercial vessels, fishing boats and pleasure crafts. However, under section 34 of Act No. 2005-412 of 3 May 2005 concerning the establishment of the French International Register (RIF), section 26 of the above Act of 1996 became inapplicable to commercial vessels as from two years following the publication of the above Act of 2005 and, on expiry of this period, vessels still registered in the TAAF were to be registered in the RIF. Moreover, the Committee notes the Government’s indication that the fleet registered in the TAAF now consists solely of a few fishing vessels. While noting that the Convention currently has a very limited scope in practice because of the small number of fishing vessels registered in the TAAF, the Committee observes that it is not, however, completely redundant.

Article 2 of the Convention. Statistics and investigations into maritime occupational accidents. The Committee requests the Government to provide copies of reports of investigations established following maritime occupational accidents, as well as statistics on the number, nature, causes and consequences of occupational accidents on board fishing boats registered in the TAAF.

Article 4. Provisions on the prevention of occupational accidents. The Committee notes that, under section L5795-12 of the Transportation Code, seafarers on vessels registered in the Register of the TAAF are subject to the Labour Code applicable in the Overseas Territory of the Southern and French Antarctic Territories. It notes that section 133 of this Code provides for the establishment, in each group of territories and in each territory, of a Technical Advisory Committee for the study of issues relevant to the health and safety of workers. It also notes that, pursuant to section 134, hygiene and safety at the workplace are regulated by decrees of the head of the group of territories, the non grouped territory or the trust territory, after consultation with the Technical Advisory Committee, thus aiming at providing workers with health and safety conditions equivalent to those enjoyed by workers in Metropolitan France. The Committee requests the Government to provide further details on the provisions adopted with respect to the prevention of maritime occupational accidents, pursuant to section 134 of the Labour Code applicable to the TAAF, as well as information on the establishment of Technical Advisory Committees.

In addition, the Committee notes that, pursuant to section L5792-1 of the Transportation Code, most of the provisions of Book II of Part V of this Code, including its Title IV, entitled “Safety and prevention of pollution”, are applicable to vessels registered in the Register of the TAAF. It notes the Government’s indication that, consequently, all of the relevant provisions applicable to fishing vessels, contained in the regulation annexed to the Decree of 23 November 1987 concerning the safety of ships, as amended, which has been adopted pursuant to Decree No. 84-810 of 30 August 1984 on safeguarding life at sea, habitability on board and pollution prevention, as amended – which regulates occupational safety and health on board vessels – are applicable to vessels registered in the TAAF. The Committee requests the Government to provide further information on the manner in which these provisions are effectively implemented on board fishing vessels registered in the TAAF. Furthermore, the Committee notes that section L5545-9 of the Transportation Code, which provides that “work and living places on board ships are to be developed and maintained so that their use ensures the physical and mental health and the safety of seafarers. These places must be permanently kept in a clean, hygienic and sanitary state ensuring the health of the workers concerned”, does not apply to vessels registered in the TAAF. The Committee requests the Government to clarify the reasons for this exclusion. Finally, the Committee requests the Government to indicate whether a “single document on prevention” (Document Unique de Prévention, DUP) must be established and maintained on board fishing boats registered in the TAAF and, if so, to specify the provisions applicable in this matter.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Article 2 of the Convention. Scope of application. The Committee recalls that section 26 of Act No. 96-151 of 26 February 1996 concerning transport permitted the registration, within the jurisdiction of the French Southern and Antarctic Territories (TAAF), of commercial vessels, fishing boats and pleasure craft. However, under section 34 of Act No. 2005-412 of 3 May 2005 concerning the establishment of the French International Register, section 26 of the 1996 Act became inapplicable to commercial vessels as from two years following the publication of the 2005 Act and, on expiry of this period, vessels still registered in the TAAF were to be registered in the French International Register. Moreover, the Committee notes the Government’s indication that the fleet registered in the TAAF now consists solely of a few fishing vessels, to which the Convention is not applicable pursuant to Article 2(2)(b) thereof. In the light of the above, the Committee observes that the Convention is currently redundant in the territory of the TAAF and requests the Government to keep the Office informed of any legislative changes made in this respect.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Article 1 of the Convention. Scope of application. The Committee notes the Government’s indication that the fleet currently registered in the French Southern and Antarctic Territories (TAAF) consists exclusively of fishing vessels, since merchant ships can no longer be registered in the TAAF following the adoption of Act No. 2005-412 on 3 May 2005 concerning the establishment of the French International Register (RIF). This prohibition is also reflected in section L.5795 11 of the Transport Code of 2007. In view of the fact that under Article 1(4)(b) of the Convention, ships engaged in fishing or in whaling or in similar pursuits are excluded from its scope of application, the Committee concludes that the Convention is currently without object in respect of the French Southern and Antarctic Territories. The Committee requests the Government to keep the Office informed of any further developments which might have an impact on the application of the Convention.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes the information supplied by the Government in its last report.

Article 3 of the Convention. The Committee notes that, according to the Provisional Instruction concerning the application to foreign seafarers of the employment conditions in force on board ships registered in the French Southern and Antarctic Territories, the maritime employment contract of a foreign seafarer who is not resident in France may take the form of two separate contracts of a different nature for one and the same seafarer:

(i)  a contract concluded between the shipowner and every seafarer; and

(ii)  a service contract concluded between the shipowner and a foreign company responsible for recruitment of crew.

The Committee also notes that the district court of Saint-Denis (Réunion) is competent to hear individual disputes concerning the employment relationship between shipowner and seafarer, the interpretation of the contract and the action of nullity of contractual clauses.

The Committee requests the Government to specify whether the legislation governing contracts concluded between French seafarers (or those of comparable status) and the shipowner, also applies to contracts of foreign non-resident seafarers who have been recruited in the framework of a service contract concluded between the shipowner and a foreign company responsible for recruitment of crew.

Article 5, paragraph 1. The Committee notes that section 88 of the Maritime Labour Code does not provide for the maintenance of the seafarer up to the time fixed for his departure. The Committee requests the Government to indicate the provisions in national legislation giving effect to this Article of the Convention.

Furthermore, the Committee notes with interest the ratification of the Repatriation of Seafarers Convention (Revised), 1987 (No. 166) for the metropolitan territory.

According to Article 13, Convention No. 166 revises the Repatriation of Seamen Convention, 1926 (No. 23). The ratification of Convention No. 166, however, does not entail the automatic denunciation of Convention No. 23. Should the Government wish to denounce Convention No. 23, it may, at any time, communicate to the Director-General an act of denunciation to that effect.

As far as the French Southern and Antarctic Territories are concerned, the Committee therefore draws the Government’s attention to the possible communication of an act of denunciation of Convention No. 23 and to the possibility to extend the geographic scope of the ratification of Convention No. 166.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes that the Government’s report responds to the observation made concerning metropolitan France and not to the previous direct request regarding the Southern and Antarctic Territories. 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:

The Committee notes from the Government’s report the entry into force of Decree No. 99-439 of 25 May 1999 concerning the issuance of certificates of qualifications for professional maritime training and conditions of service on merchant and fishing vessels as well as pleasure crafts which have a crew list. It recalls that the provisional instruction concerning observance of the application to foreign seafarers of the conditions of employment in force on board vessels registered in the French Southern and Antarctic Territories (TAAF), implementing Law No. 96-151 of 26 February 1996 on transport, continues to govern provisionally the professional qualifications of foreign seafarers. The Committee hopes that in the near future the Government will be in a position to definitively regulate employment conditions for vessels registered in this territory. Moreover, recalling its general observation of 1996, the Committee requests the Government to provide a copy of the summary report on the conditions of employment applicable to foreign seafarers on vessels in the TAAF register.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes the information contained in the Government’s report. It requests the Government to provide it with paper and electronic versions of the Maritime Overseas Labour Code.

Article 3, paragraph 3, of the Convention. Section 121(1) of the Maritime Overseas Labour Code states that workers have the right to a minimum of five days’ leave with pay per month. It appears that the exception of section 121(2) of the Maritime Overseas Labour Code introduces a different treatment of young workers and apprentices under 21 years, who would only enjoy two days’ leave with pay per month. In effect, young workers should normally enjoy at least the same treatment as that afforded to adult workers. Consequently, the Committee requests the Government to clarify how the leave prescribed by this Article is ensured with respect to young workers; the leave that shall in no case be less than 30 calendar days for one year of service.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

Articles 1, 2 and 3 of the Convention. The Committee requests the Government to transmit the annual report including the statistical medical data on accidents linked to maritime labour.

The Committee requests the Government to transmit further information on the future document destined to amend the inquiry procedure and the questionnaire and to include quasi-accidents.

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes the information provided by the Government that the Overseas Programme Act No. 2003-660 of 21 July 2003 provides in section 62 that, under the conditions set out in article 38 of the Constitution, the Government is authorized to take, by ordinance, the necessary measures, in so far as they lie within the competence of the State, for the updating and adaptation of the law applicable in the French Southern and Antarctic Territories (TAAF) to seafarers, ports, vessels and other seagoing ships, as well as in relation to the law respecting labour, employment and vocational training, which will therefore make it possible to undertake the necessary updating and, in particular, to specify in so far as necessary the means of application of Convention No. 8. It also notes the Government’s statement that the situation of seafarers engaged on vessels registered in the TAAF was dependent on the adoption of the Bill establishing the French International Register and that this Bill did in practice result in the adoption of Act No. 2005-412 of 3 May 2005, section 13(1) of which provides that “the conditions of recruitment, employment, labour and life on board a vessel registered on the French International Register may not be less favourable than those resulting from the international labour Conventions ratified by France”.

The Government adds that the highest administrator of the French Southern and Antarctic Territories, by Order No. 10 dated 2 April 1992, declared the Unemployment Indemnity (Shipwreck) Convention, 1920 (No. 8), applicable. Although not self-executing, the provisions of the Convention are very succinct and precise, with the result that the Head of the Maritime Affairs Services of the TAAF, who is responsible for maritime labour inspection for the vessels concerned, can intervene at any time in relation to the vessels in question with a view to enforcing these provisions based, where necessary, on the above Order. No such case has however occurred up to now.

The Committee notes this information. It recalls in this respect the Government’s statement in its previous report that the provisions of the Convention could usefully be considered in the form of an explicit reference in the context of a proposed amendment of the Overseas Labour Code, based on the provisions of the Act of 15 February 1929, adopted for Metropolitan France, which establishes an unemployment indemnity for seafarers in the event of the seizure, shipwreck or the declaration of the unseaworthiness of a vessel. Considering that it would indeed be desirable for measures to be adopted in laws or regulations to secure the full implementation of the provisions of the Convention in the French Southern and Antarctic Territories, as has been done for Metropolitan France, the Committee hopes that the Government will take the opportunity afforded by the Overseas Programme Act No. 2003-660 of 21 July 2003 and Act No. 2005-412 of 3 May 2005 establishing the International Register to adopt such measures in the very near future. It requests the Government to provide information on any progress achieved in this respect.

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes the information supplied by the Government in its reports. In particular, it takes note of the list of shipowners’ and seafarers’ representatives nationwide to which the Government’s reports are duly communicated.

Articles 2 and 3 of the Convention. Medical examination and re-examination. In its previous comments, the Committee recalled that section 1 of Territorial Order No. 22 of 10 June 1996, applicable in the French Southern and Antarctic Territories to the medical certification of fitness for maritime navigation permits, and this facility is commonly used in practice by foreign nationals, that physical fitness for maritime navigation can now be attested by a physician who is simply declared to the French consular authorities abroad. The Committee requested the Government to specify how foreign doctors declared with the consular authorities are approved by the competent authority. The Committee also requested the Government to supply statistical information regarding the manner in which the Convention is applied, and particularly the number and nature of the contraventions reported.

The Committee notes the Government’s information to the effect that the possibility provided by section 1 of Territorial Order No. 22 of 10 June 1996 does not envisage any particular approval of the doctor by the maritime or French consular authority but only a declaration to the consular authorities. Doubtless, it seems difficult to impose a particular approval procedure and to exercise supervision over physicians who do not fall within the purview of the national administration. The Government indicates, nevertheless, that the attention of the relevant services will be duly drawn to this matter so that such physicians receive full, detailed information concerning the conditions of fitness required on such vessels, in application of Territorial Order No. 22 of 10 June 1996, including the particular case of young persons employed on board. The Committee notes the information regarding statistics supplied by the Government which states that, although no statistical records are made by the consular services, checks carried out by shipping safety inspectors show that medical examinations of seafarers sailing under the register of the French Southern and Antarctic Territories (TAAF) are actually conducted and carried out regularly. The Committee also notes that it would be possible to envisage compiling more precise statistics directly with the shipowners concerned. On this score, the Government indicates that modifications to the Overseas Labour Code are envisaged and that regulations will be studied in this context. The Committee requests the Government to supply information on any progress made in this matter.

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes with interest the replies to its previous comments provided by the Government in its report.

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes the information provided by the Government in its reports.

In its previous comments, the Committee recalled that, in practice, the medical examination for non-French seafarers employed in ships on the TAAF register is carried out in their home country by a physician registered with the consular authority. However, unlike medical examinations carried out in metropolitan France, the overseas departments and other overseas territories, the Government has never kept statistics concerning seafarers’ medical examinations abroad, although this category accounts for two-thirds of seafarers in ships on the TAAF register. Furthermore, the Committee recalled the statement made by a Government representative of France to the Conference Committee on the Application of Standards in 1998 that the Government wished to compile all the requested statistics as soon as possible, which could be done under the Territorial Order of 10 June 1996. It was explained that, in practice, most often seafarers’ medical examinations abroad were carried out by the physician of the consular personnel. Consequent to the statement made by the Government in 1996, the Committee asked it to indicate measures taken to control the quality and reality of seafarers’ medical examinations conducted in the seafarer’s country of domicile and to indicate to the Committee when it will be supplied with statistics on these examinations.

The Committee notes the Government’s information to the effect that the possibility provided by section 1 of Territorial Order No. 22 of 10 June 1996 does not envisage any particular approval of the doctor by the maritime or French consular authority but only a declaration to the consular authorities. Doubtless, it seems difficult to impose a particular approval procedure and to exercise supervision over physicians who do not fall within the purview of the national administration. The Government indicates, nevertheless, that the attention of the relevant services will be duly drawn to this matter so that such physicians receive full, detailed information concerning the conditions of fitness required on such vessels, in application of Territorial Order No. 22 of 10 June 1996, including the particular case of young persons employed on board. The Committee notes the information regarding statistics supplied by the Government which states that, although no statistical records are made by the consular services, checks carried out by shipping safety inspectors show that medical examinations of seafarers sailing under the register of the French Southern and Antarctic Territories (TAAF) are actually conducted and carried out regularly. The Committee also notes that it would be possible to envisage compiling more precise statistics directly with the shipowners concerned. On this score, the Government indicates that modifications to the Overseas Labour Code are envisaged and that regulations will be studied in this context. The Committee requests the Government to supply information on any progress made on this matter.

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes with interest the information provided by the Government in its previous report. Moreover, it requests further information in a direct request addressed to the Government.

Articles 1, 2 and 3 of the Convention. Occupational accidents. The Committee requests the Government to transmit the annual report including the medical statistical data on accidents related to maritime labour.

The Committee requests the Government to transmit further information on the future document designed to amend the inquiry procedure and the questionnaire and to include quasi-accidents.

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes the information provided by the Government in its report that foreign seafarers enjoy employment conditions essentially comparable to those of French or assimilated seafarers. It notes however that the inspection of employment conditions, which is the responsibility of the Maritime Affairs Service for the French Southern and Antarctic Territories, the head of which is in charge of labour inspection of vessels registered in this territory, has not been completed. It requests the Government to take all measures necessary to ensure the application of the relevant provisions concerning both vessels listed in the French Southern and Antarctic Territories’ register and in its possible successor and vessels registered in metropolitan France.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes with regret 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:

The Committee notes from the Government’s report the entry into force of Decree No. 99-439 of 25 May 1999 concerning the issuance of certificates of qualifications for professional maritime training and conditions of service on merchant and fishing vessels as well as pleasure crafts which have a crew list. It recalls that the provisional instructions concerning observance of the application to foreign seafarers of the conditions of employment in force on board vessels registered in the French Southern and Antarctic Territories, implementing Law No. 96-151 of 26 February 1996 on transport, continues to govern provisionally the professional qualifications of foreign seafarers. The Committee hopes that in the near future the Government will be in a position to definitively regulate employment conditions for vessels registered in this territory. Moreover, recalling its general observation of 1996, the Committee requests the Government to provide a copy of the summary report on the conditions of employment applicable to foreign seafarers on vessels in the TAAF register.

The Committee requests the Government to indicate, as required under article 23, paragraph 2, of the ILO Constitution, to which representative organizations of shipowners and seafarers a copy of the latest report has been sent, and if any comments have been received concerning the practical application of provisions of the Convention or on the application of legislative or other measures implementing provisions of the Convention.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes the information in the Government’s report and recalls the text of the Provisional Instructions, which set the minimum age for employment at sea at 16 years. However, to the extent that the applicable legislation governing this territory is the Code du Travail de la France d’Outre-Mer (CTOM), which sets the minimum age for the employment of children at 14 years, there is a clear discrepancy with the 15 years’ minimum age requirement under Article 2 of the Convention.

The Committee notes the Government’s indication that the recent ratification of the Labour Inspection (Seafarers) Convention, 1996 (No. 178), might enable inspectors to be authorized to inspect vessels registered in the TAAF. However, inspection is only part of the question and does not address the underlying legal problem: the relevant legislation does not implement the requirement of the Convention, while the administrative instructions are only temporary in nature.

The Committee requests the Government to take the necessary steps to bring its legislation into conformity with its conventional obligations and to report on the measures taken.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes the information in the Government’s report and recalls, in particular, the obligations of the competent authority with regard to the enforcement of regulations, as set forth in Article 2(a) of the Convention, especially by inspections.

The Committee recalls the obligations set forth in Article 4 of the Convention for the competent authority to have a permanent staff of qualified persons, including inspectors, and notes from the report that inspections are carried out on French and foreign vessels as part of port state control.

It further recalls that three kinds of inspections are provided for in the Convention: (i) routine inspections in port; (ii) special inspections in port on receipt of a written complaint from the crew; and (iii) inspections at sea carried out by the master at prescribed intervals. Records and reports of such inspections are to be written and the competent authority, as required under Article 10 of the Convention, is to prepare an annual report and transmit a copy to the ILO. The Committee requests the Government to indicate: (i) the number of vessels currently registered in the TAAF; (ii) the number of inspectors carrying out routine and special inspections on these vessels; and (iii) the total number of inspections of vessels registered in the TAAF under this Convention annually.

Therefore, the Committee requests the Government to forward copies of the annual report on inspection required under Article 10 of the Convention, along with specific indications, such as extracts from the reports of the inspection and registration services, the number and nature of complaints made by members of ships’ crews, as well as action taken and penalties imposed.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes from the Government’s report that due to lack of interest in the training to become a ship’s cook, this course of study is no longer provided in France. It requests, however, a copy of the Arrêté du 14 mars 2002 instituant un certificat d’aptitude aux functions de cuisinier embarqué, referred to in the report on the application of Convention No. 68 on food and catering.

It requests the Government to indicate whether this text is applicable to these Territories.

Article 6 of the Convention. The Committee requests the Government to keep it informed of any requests or future legislative/regulatory provisions for accepting foreign certificates of qualification as a ship’s cook.

Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation, which read as follows:

Article 2 of the Convention. In its most recent report, the Government indicates that although Convention No. 147 is not directly applicable to the French Southern and Antarctic Territories, any developments in law concerning the conditions of work of seafarers of Metropolitan France and the Overseas Departments are generally reflected in the contracts of seafarers employed on board ships registered in these Territories. The Committee recalls that the Government, in a letter to the Director-General dated 13 June 1990, communicated its decision, in accordance with article 35 of the Constitution of the ILO, to extend the application of Convention No. 147 to these Territories, and that under the terms of the Convention, each Member which ratifies this Convention undertakes, among other things, to have laws or regulations and to exercise effective jurisdiction or control over ships which are registered in its territory in respect of safety standards, appropriate social security measures, and shipboard conditions of employment and shipboard living arrangements. The Convention also contains other provisions requiring ratifying States to ensure by means of inspections that ships registered in their territory are in conformity with the applicable international labour standards which they have ratified. The Committee recalls the decision to extend to the French Southern and Antarctic Territories all the Conventions listed in the appendix to Convention No. 147, except the Shipowners’ Liability (Sick and Injured Seamen) Convention, 1936 (No. 55), and the Sickness Insurance (Sea) Convention, 1936 (No. 56), for which the French authorities have undertaken to enact legislation broadly equivalent to the provisions of one or other of these two Conventions. The Committee notes, however, that despite the extension, the applicability of these instruments remains relative, since the Overseas Labour Code established by Act No. 52-1322 of 15 December 1952, which is applicable to all crew members without distinction, was not complemented by Orders of the Administrateur supérieur of the French Southern and Antarctic Territories implementing its provisions in areas of fundamental importance to the safety of ships and their crews, such as the form and content of the employment contract, the minimum wage, the duration of work, rest periods or trade union rights. The Committee notes that this also applies to Act No. 96-151 of 26 February 1996 concerning the registration of ships in the French Southern and Antarctic Territories for which, as far as the Committee is aware, the Council of State Decrees needed for its implementation have not been adopted. The Committee is furthermore concerned at the de facto existence of different social security systems for French seafarers (or those of comparable status) and non-resident foreign personnel serving on board ships registered in the Territories, who are covered by special provisions under the "Interim Instruction" No. 56GM/1 of 3 May 1996 of the Maritime Affairs Department, which establishes the rules for applying the conditions of employment in force on board such ships to foreign seafarers. The Committee notes lastly that non-resident foreign seafarers working on ships registered in the French Southern and Antarctic Territories do not enjoy the social security protection provided by the Etablissement national des invalides de la marine, unlike their French counterparts on the same ships. The Committee notes that this legal deficiency is prejudicial above all to this category of seafarer - non-resident foreign seafarers recruited to work on ships registered in the French Southern and Antarctic Territories who, in addition, suffer discrimination by being employed under conditions that differ form those applied to French crew members.

The Committee requests the Government to reply to the questions which it raised in its previous observation, and hopes that the Government will soon be able to report on measures taken or envisaged with a view to adopting or effectively applying the Convention, including by adopting the necessary implementing texts and by carrying out appropriate inspections to ensure that national laws and regulations are in conformity with the present Convention.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation, which read as follows:

For many years, the Committee has been drawing the Government’s attention to the fact that the legislation applicable to vessels registered in the French Southern and Antarctic Territory, namely the Overseas Labour Code of 1952 and Chapter VI of Act No. 96-151 of 1996 respecting the registration of vessels in the Territory, contain no provisions regarding the indemnity to be paid to seafarers in the event of shipwreck.

In this respect, the Government indicates in the information provided in June 2002 that it is considered that the provisions of the Convention are of direct application and that individual articles of agreement would therefore include the unemployment indemnity guaranteed by the Convention. The Government adds that the obligation to provide this indemnity could nevertheless usefully be considered in the context of a proposed amendment of the Overseas Labour Code, based on the provisions of the Act of 15 February 1929. An order issued by the highest administrator of the French Southern and Antarctic Territory would then establish the procedures for the implementation of this obligation.

The Committee notes this information. On the subject of the direct application of the Convention, it does not appear to the Committee that its provisions are of such a nature as to be self-executing, that is, formulated in terms allowing their immediate application in national law. On the contrary, their application requires the adoption of laws or regulations. The Committee considers that it would be desirable for legislative measures or regulations to be adopted so as to give full effect to the provisions of the Convention in the French Southern and Antarctic Territory, as was done for Metropolitan France with the adoption of the Act of 15 February 1929 establishing an unemployment indemnity for seafarers in the event of the seizure, shipwreck or declaration of unseaworthiness of a vessel, and the circular implementing the Act. The Committee hopes that the Government will take advantage of the fact that amendments are envisaged to the Overseas Labour Code in order to take the necessary measures, as suggested in its report. It requests the Government to provide information on any progress achieved in this respect.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes with regret 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 request, which read as follows:

The Committee notes the information in the Government’s report and the reference to the minimum age of 16 years as set forth in point 3.1.4 of the Provisional instructions concerning observance of the application to foreign seafarers of the conditions of employment in force on board vessels registered in the French Southern and Antarctic Territory (1996) and restated in point 3 of the accompanying inspection form.

However, it recalls that the legislation applicable to this Territory is the Code du Travail de la France d’Outre-Mer (1952) which, in article 118, sets the minimum age for employment of children at 14 years, whereas Article 2 of the Convention sets the minimum age at 15 years.

Given the interim character of the Provisional Instructions and the apparent discrepancy with regard to the applicable Code, the Committee requests the Government to clarify this disparity concerning the legal provisions governing the minimum age for employment in vessels on the TAAF register.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

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 request, which read as follows:

The Committee notes the information in the Government’s report and the reference to the minimum age of 16 years as set forth in point 3.1.4 of the Provisional instructions concerning observance of the application to foreign seafarers of the conditions of employment in force on board vessels registered in the French Southern and Antarctic Territory (1996) and restated in point 3 of the accompanying inspection form.

However, it recalls that the legislation applicable to this Territory is the Code du Travail de la France d’Outre-Mer (1952) which, in article 118, sets the minimum age for employment of children at 14 years, whereas Article 2 of the Convention sets the minimum age at 15 years.

Given the interim character of the Provisional Instructions and the apparent discrepancy with regard to the applicable Code, the Committee requests the Government to clarify this disparity concerning the legal provisions governing the minimum age for employment in vessels on the TAAF register.

Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

Article 2 of the Convention. In its most recent report, the Government indicates that although Convention No. 147 is not directly applicable to the French Southern and Antarctic Territories, any developments in law concerning the conditions of work of seafarers of Metropolitan France and the Overseas Departments are generally reflected in the contracts of seafarers employed on board ships registered in these Territories. The Committee recalls that the Government, in a letter to the Director-General dated 13 June 1990, communicated its decision, in accordance with article 35 of the Constitution of the ILO, to extend the application of Convention No. 147 to these Territories, and that under the terms of the Convention, each Member which ratifies this Convention undertakes, among other things, to have laws or regulations and to exercise effective jurisdiction or control over ships which are registered in its territory in respect of safety standards, appropriate social security measures, and shipboard conditions of employment and shipboard living arrangements. The Convention also contains other provisions requiring ratifying States to ensure by means of inspections that ships registered in their territory are in conformity with the applicable international labour standards which they have ratified. The Committee recalls the decision to extend to the French Southern and Antarctic Territories all the Conventions listed in the appendix to Convention No. 147, except the Shipowners’ Liability (Sick and Injured Seamen) Convention, 1936 (No. 55), and the Sickness Insurance (Sea) Convention, 1936 (No. 56), for which the French authorities have undertaken to enact legislation broadly equivalent to the provisions of one or other of these two Conventions. The Committee notes, however, that despite the extension, the applicability of these instruments remains relative, since the Overseas Labour Code established by Act No. 52-1322 of 15 December 1952, which is applicable to all crew members without distinction, was not complemented by Orders of the Administrateur supérieur of the French Southern and Antarctic Territories implementing its provisions in areas of fundamental importance to the safety of ships and their crews, such as the form and content of the employment contract, the minimum wage, the duration of work, rest periods or trade union rights. The Committee notes that this also applies to Act No. 96-151 of 26 February 1996 concerning the registration of ships in the French Southern and Antarctic Territories for which, as far as the Committee is aware, the Council of State Decrees needed for its implementation have not been adopted. The Committee is furthermore concerned at the de facto existence of different social security systems for French seafarers (or those of comparable status) and non-resident foreign personnel serving on board ships registered in the Territories, who are covered by special provisions under the "Interim Instruction" No. 56GM/1 of 3 May 1996 of the Maritime Affairs Department, which establishes the rules for applying the conditions of employment in force on board such ships to foreign seafarers. The Committee notes lastly that non-resident foreign seafarers working on ships registered in the French Southern and Antarctic Territories do not enjoy the social security protection provided by the Etablissement national des invalides de la marine, unlike their French counterparts on the same ships. The Committee notes that this legal deficiency is prejudicial above all to this category of seafarer - non-resident foreign seafarers recruited to work on ships registered in the French Southern and Antarctic Territories who, in addition, suffer discrimination by being employed under conditions that differ form those applied to French crew members.

The Committee requests the Government to reply to the questions which it raised in its previous observation, and hopes that the Government will soon be able to report on measures taken or envisaged with a view to adopting or effectively applying the Convention, including by adopting the necessary implementing texts and by carrying out appropriate inspections to ensure that national laws and regulations are in conformity with the present Convention.

Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

For many years, the Committee has been drawing the Government’s attention to the fact that the legislation applicable to vessels registered in the French Southern and Antarctic Territory, namely the Overseas Labour Code of 1952 and Chapter VI of Act No. 96-151 of 1996 respecting the registration of vessels in the Territory, contain no provisions regarding the indemnity to be paid to seafarers in the event of shipwreck.

In this respect, the Government indicates in the information provided in June 2002 that it is considered that the provisions of the Convention are of direct application and that individual articles of agreement would therefore include the unemployment indemnity guaranteed by the Convention. The Government adds that the obligation to provide this indemnity could nevertheless usefully be considered in the context of a proposed amendment of the Overseas Labour Code, based on the provisions of the Act of 15 February 1929. An order issued by the highest administrator of the French Southern and Antarctic Territory would then establish the procedures for the implementation of this obligation.

The Committee notes this information. On the subject of the direct application of the Convention, it does not appear to the Committee that its provisions are of such a nature as to be self-executing, that is, formulated in terms allowing their immediate application in national law. On the contrary, their application requires the adoption of laws or regulations. The Committee considers that it would be desirable for legislative measures or regulations to be adopted so as to give full effect to the provisions of the Convention in the French Southern and Antarctic Territory, as was done for Metropolitan France with the adoption of the Act of 15 February 1929 establishing an unemployment indemnity for seafarers in the event of the seizure, shipwreck or declaration of unseaworthiness of a vessel, and the circular implementing the Act. The Committee hopes that the Government will take advantage of the fact that amendments are envisaged to the Overseas Labour Code in order to take the necessary measures, as suggested in its report. It requests the Government to provide information on any progress achieved in this respect.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes from the Government’s report the entry into force of Decree No. 99-439 of 25 May 1999 concerning the issuance of certificates of qualifications for professional maritime training and conditions of service on merchant and fishing vessels as well as pleasure crafts which have a crew list. It recalls that the provisional instructions concerning observance of the application to foreign seafarers of the conditions of employment in force on board vessels registered in the French Southern and Antarctic Territories, implementing Law No. 96-151 of 26 February 1996 on transport, continues to govern provisionally the professional qualifications of foreign seafarers. The Committee hopes that in the near future the Government will be in a position to definitively regulate employment conditions for vessels registered in this territory. Moreover, recalling its general observation of 1996, the Committee requests the Government to provide a copy of the summary report on the conditions of employment applicable to foreign seafarers on vessels in the TAAF register.

The Committee requests the Government to indicate, as required under article 23, paragraph 2, of the ILO Constitution, to which representative organizations of shipowners and seafarers a copy of the latest report has been sent, and if any comments have been received concerning the practical application of provisions of the Convention or on the application of legislative or other measures implementing provisions of the Convention.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the information in the Government’s report and the reference to the minimum age of 16 years as set forth in point 3.1.4 of the Provisional instructions concerning observance of the application to foreign seafarers of the conditions of employment in force on board vessels registered in the French Southern and Antarctic Territory (1996) and restated in point 3 of the accompanying inspection form.

However, it recalls that the legislation applicable to this Territory is the Code du Travail de la France d’Outre-Mer (1952) which, in article 118, sets the minimum age for employment of children at 14 years, whereas Article 2 of the Convention sets the minimum age at 15 years.

Given the interim character of the Provisional Instructions and the apparent discrepancy with regard to the applicable Code, the Committee requests the Government to clarify this disparity concerning the legal provisions governing the minimum age for employment in vessels on the TAAF register.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the information in the Government’s report and further notes that the legislation giving effect to the Convention is common to metropolitan France, and all overseas departments and territories.

It requests the Government to provide the following information.

Article 4(2)(d) and (e) of the Convention. The Committee requests the Government to provide, in particular, details of the system of inspection and inspections carried out, along with details of arrangements for consultation with organizations of shipowners and trade unions of seafarers in the framing of regulations.

Part IV of the report form. The Committee requests information on the number of seafarers covered by the measures giving effect to the Convention.

Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

In its earlier comments, the Committee drew the Government’s attention to the lack of provisions regarding indemnity to be paid to seamen in the event of shipwreck in the legislation applying to vessels registered in the French Southern and Antarctic Territory, namely the Overseas Labour Code of 1952 and Chapter VI, section 26 of Act No. 96-151, with respect to the registration of vessels in this Territory. It notes with regret that the Government’s latest report reproduces word for word the report sent in 1999, which revealed no progress in the adoption of regulations to make good these gaps in the legislation. The Committee is therefore obliged to remind the Government that under Article 2 of the Convention, in the event of loss or foundering of the vessel, an unemployment indemnity must be paid for the days during which the seaman remains, in fact, unemployed at the same rate as the wages payable under the contract, for at least two months. The Committee trusts that measures will be adopted in the near future to ensure full application of the Convention to French Southern and Antarctic Territory, and requests the Government to submit a copy of any text adopted in this connection.

[The Government is asked to report in detail in 2002.]

Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the Government’s report for France and the overseas departments and territories. It notes the amendment of 6 July 2000 of the Order of 16 April 1986 concerning the conditions of physical fitness for the occupation of seaman.

Articles 2 and 3 of the Convention. The Committee recalls its comments of the 1999 general observation under Convention No. 73 on the seafarers’ medical examination concerning the special nature of medical examinations in regard to the health of the crew, considered individually and collectively, and the safety of maritime navigation. It recalls in particular, the comment of the French Democratic Confederation of Labour (CFDT) and the National Federation of Maritime Trade Unions (FNSM) of 1995, repeated in 1996 stating that most seamen resident abroad do not have a medical examination of fitness.

The Committee also recalls that section 1 of Territorial Order No. 22 of 10 June 1996 applicable in the French Southern and Antarctic Territories to the medical certification of fitness for maritime navigation permits, and this facility is commonly used in practice by foreign nationals, that physical fitness for navigation can be attested by a doctor who is simply declared to the French consular authorities abroad. The Government is requested to indicate how it is ensured that the provisions of the Convention are respected when the medical examination takes place abroad. The Committee requests the Government to specify how foreign doctors declared with the consular authorities are approved by the competent authority. The Committee also requests the Government to supply statistical information, as soon as such statistics are available, regarding the manner in which the Convention is applied and particularly the number and nature of the contraventions reported.

The Committee requests the Government to indicate, in accordance with article 23, paragraph 2, of the ILO Constitution, the representative organizations of shipowners and seamen to which copies of the latest report have been communicated and if any observations have been received from these organizations concerning the practical application of the provisions of the Convention or the application of the legislative or other measures implementing the Convention.

Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee, referring to its previous observation, notes again that the Government’s report does not reply to the points raised. The Government states that the employment system for seamen and social relations on board vessels registered in the French Southern and Antarctic Territories are in fact, for the main part, governed by the provisions of the Labour Code and the Maritime Labour Code which are referred to by shipowners and seamen in the context of their contractual relations. The Committee notes, however, that the Government’s report indicates that these employment contracts are not regulated by law but "in fact for the main part", by the provisions of these Codes and does not specify the nature of these employment contracts, namely whether they are seamen’s articles of agreement or ordinary employment contracts. It is therefore bound to renew in part its previous observation which read as follows:

The Committee recalls that, under the Labour Code, seamen’s articles of agreement are governed by special provisions contained in the Maritime Labour Code - CTM (Act of 13 December 1926). Under the general provisions of this Code, and in view of the specific nature of maritime work, any contract concluded between a shipowner or his representative and a seafarer, whose object is the performance of a service on board ship for the purpose of a voyage, is a maritime labour contract governed by the provisions of this Act.

The Committee also notes that section 4 of the CTM provides that maritime labour contracts are governed by two sets of provisions: by the CTM for the periods in which the seafarer is on board, and by the Labour Code outside these periods.

However, the Committee recalls that the contracts of seafarers employed on ships registered in the French Southern and Antarctic Territories (TAAF) are subject to the provisions of the Overseas Labour Code (CTOM), section 30 of which states that the applicable legislation is that of the place at which the contract is executed (lex loci solutionis). The Committee points out that the CTOM contains no maritime provisions and so does not make the distinction between the two sets of provisions applying to seafarers’ contracts under section 4 of the CTM. It notes, however, that the CTOM takes precedence (section 30), and that its geographical scope extends to the antarctic territories and in part to the island of Mayotte.

With regard to the legal status of contracts of seafarers on board ships registered in the TAAF, the Committee asks the Government to state whether, as indicated in the text of the Provisional instructions concerning observance of the application to foreign seafarers of the conditions of employment in force on board vessels registered in the French Southern and Antarctic Territories, these contracts are indeed maritime labour contracts, or ordinary labour contracts, and to indicate in which sectors, other than the maritime sector, economic activities are conducted in the TAAF.

The Committee also notes that the magistrate’s court of Saint-Denis, Réunion, has jurisdiction for individual labour disputes between shipowners and seafarers, for interpreting contracts, or annulling clauses of such contracts.

With regard to the interpretation of contracts and the applicable law (French or foreign), the Committee notes the Standard Employment Contract Governing the Employment of all Filipino Seamen on Board Ocean-Going Vessels) established by the Philippine Overseas Employment Administration (POEA). It notes, inter alia, that section J (applicable law) states that the laws of the Philippines and international treaties ratified by the Philippines apply to all employment contracts of Filipino seamen. The Philippines has not ratified the Seamen’s Articles of Agreement Convention, 1926 (No. 22). According to section I (Jurisdiction) of the above Standard Employment Contract, the POEA has original and exclusive jurisdiction over any disputes arising out of the contract.

The Committee notes from the Government’s report that no individual or collective disputes concerning the application of this Convention have been registered. It requests the Government to state (i) the law which applies to the contract(s) of seafarers employed on vessels registered in the TAAF in the case of both contracts of French seafarers (or assimilated) and contracts of non-resident foreign seafarers hired under a service contract concluded with the shipowner and a company governed by foreign law, responsible for crew recruitment, and (ii) the venue for litigation from French and foreign seafarers employed on vessels registered in the TAAF.

The Committee recalls that, as regards the applicable labour law, when registration is transferred to the TAAF the contracts concluded by seafarers to work on ships previously registered in a port of metropolitan France, an overseas department or an overseas territory (other than the TAAF), are no longer governed by the CTM, but by the CTOM.

In addition, the Committee requests the Government to indicate, in accordance with article 23, paragraph 2, of the ILO Constitution, to which representative organizations of shipowners and seamen copies of the latest report have been communicated and whether any observations have been received from these organizations in regard to the practical application of the provisions of the Convention or the application of legislative or other measures giving effect to the provisions of the Convention.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the information in the Government’s report for metropolitan France and overseas départements and territories including the reference to the amendments of 6 July 2000 to the departmental order (arrêté) of 16 April 1986 concerning the certificate of medical fitness for maritime navigation.

The Committee recalls its comments in its general observation in 1999 concerning the special character of seafarers medical examinations and the link between the health of the crew, both individually and collectively, and the safety of maritime navigation.

It recalls in particular comments from the French Democratic Federation of Labour (CFDT) and the National Federation of Maritime Unions (FNSM) in 1995, which were renewed in 1996, to the effect that most seafarers domiciled abroad do not undergo any medical examination at all.

It further recalls that it is standard practice for non-French nationals or residents employed in ships on the TAAF register to undergo their medical examination in their home country by a physician registered with the consular authority. However, unlike statistics covering medical examinations in metropolitan France, the départements and other overseas territories, the Government has never kept statistics concerning seafarer medical examinations carried out by doctors in the seafarer’s country of domicile, although this category represents two thirds of seafarers in ships on the TAAF register.

Similarly, the Committee recalls the statement of a Government representative of France before the Conference Committee on the Application of Standards in 1998 that the Government wished to compile all the requested statistics in the shortest possible time and that the Territorial Order of 10 June 1996 would make this possible. It was explained that in practice most often the physician of the consular personnel carried out seafarers’ medical examinations abroad. The Committee would expect that under such circumstances the collection of statistics would be facilitated. However, in the statistics for 1999 and 2000, included as part of the present report, there is no indication of medical examinations of personnel on ships registered in the TAAF, and the report itself only mentions that there is periodic medical examination of seafarers in ships on this register.

In keeping with the Government’s statement in 1996, the Committee requests the Government to indicate the steps it is taking to address the problem of supervising the quality and reality of seafarer medical examinations conducted in the seafarer’s country of domicile, and to indicate to the Committee when statistics concerning these examinations will be forwarded.

[The Government is asked to report in detail in 2003.]

Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes with regret that the 1999 and 2001 reports of the Government do not contain replies to its previous comments. It must therefore repeat its previous observation which read as follows:

The Committee notes the observation of the French Democratic Federation of Labour (CFDT), communicated by the Government in October 1996, to the effect that national legislation does not comply with a number of the provisions of international labour Conventions, including Convention No. 134. It notes that this observation does not indicate precisely the provisions which are not in conformity with the Convention.

The Committee notes the Government’s statement to the effect that since Act No. 83-581 of 5 July 1983 relating to the protection of human life at sea, lodging on board ship and the prevention of pollution applies to all vessels registered in the French Republic, which includes the French Southern and Antarctic Territory (TAAF), there is therefore no difference in treatment between vessels registered in metropolitan France, in an overseas department, in the territorial community of Saint Pierre and Miquelon, in an overseas territory or in the French Southern and Antarctic Territory in regard to the application of this instrument and the regulations based on it. It requests the Government to refer to its general observation.

The Committee requests the Government to provide detailed information indicating the manner in which the Convention is applied to seafarers engaged on vessels registered in the TAAF, indicating in particular the measures taken to ensure that:

- all occupational accidents to seafarers are reported, comprehensive statistics of such accidents are kept and analysed, and accidents resulting in loss of life or serious personal injury are investigated (Article 2 of the Convention);

- research is undertaken into general trends in occupational accidents to seafarers and the particular hazards of maritime employment (Article 3);

- provisions concerning the prevention of accidents to seafarers are laid down by laws or other means containing references to any general provisions applicable to the work of seafarers and, in particular, to the structural features of ships, machinery, special safety measures on and below deck, loading and unloading equipment, fire prevention, anchors, chains and lines, dangerous cargo and ballast, and personal protective equipment (Article 4);

- the provisions concerning the prevention of occupational accidents to seafarers specify clearly the obligation on shipowners, seafarers and others concerned to comply with them (Article 5);

- the proper application of measures to prevent accidents to seafarers is ensured by means of adequate inspection or otherwise and copies or summaries of the relevant provisions are brought to the attention of seafarers (Article 6);

- provision shall be made for the appointment of a suitable person or suitable persons or of a suitable committee responsible, under the Master, for accident prevention (Article 7);

- programmes for the prevention of occupational accidents to seafarers are established and implemented with the participation of shipowners, seafarers or their representatives, and joint accident prevention committees or ad hoc working parties are established (Article 8); and

- the necessary instructions concerning particular hazards of maritime employment are brought to the attention of all seafarers (Article 9).

The Committee once again hopes that the Government will take all possible measures in the near future.

[The Government is asked to report in detail in 2002.]

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

In its earlier comments, the Committee drew the Government's attention to the lack of provisions regarding indemnity to be paid to seamen in the event of shipwreck in the legislation applying to vessels registered in the Antarctic, namely the Overseas Labour Code of 1952 and Chapter VI, section 26 of Act No. 96-151, with respect to the registration of vessels in these territories. It notes that the Government's report reveals no progress in adoption of regulations to make good these gaps in the legislation. The Committee is therefore obliged to remind the Government that under Article 2 of the Convention, in the event of loss or foundering of the vessel, an unemployment indemnity must be paid for the days during which the seaman remains in fact unemployed at the same rate as the wages payable under the contract, for at least two months. The Committee trusts that measures will be adopted in the near future to ensure full application of the Convention to Antarctic, and requests the Government to submit a copy of any text adopted in this connection.

[The Government is asked to report in detail in 2001.]

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

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 following matters raised in its previous direct request, which read as follows:

The Committee notes from the Government's report that verification of seafarers' rights to paid vacation (a minimum of five days per month of effective service) is set forth and detailed in article 3.2.2 of the Provisional instructions concerning the application of labour conditions for foreign seafarers on board vessels registered in the TAAF.

The Committee further notes the observations of the French Democratic Confederation of Labour (CFDT), according to which the relevant provisions of the texts applicable to annual paid vacation for seafarers on board ships registered in the TAAF are not applied. The Committee requests the Government to reply to these allegations. It also requests the Government to provide further information on the application of the Convention (report form, Article 7 and point V).

[(The Government is asked to report in detail in 1999.]

Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

With reference to its previous comments, the Committee notes that the Government's report provides no new information apart from the text of Decree No. 97-243 of 14 March 1997 regarding the registration of certain categories of vessels. The Committee recalls that the legislation applying to vessels registered in the French Southern and Antarctic Territories, namely the Overseas Labour Code of 1952 and Chapter VI, section 26, of Act No. 96-151 with respect to the registration of vessels in these territories, contain no provisions on indemnities to be paid to seafarers in the event of shipwreck. It notes that, despite the Government's assurances, no regulations have been issued to fill the void. Consequently, the Committee cannot but stress once again that under Article 2 of the Convention the unemployment indemnity due to seamen in every case of loss or foundering of any vessel, shall be paid for the days during which the seaman remains unemployed, for a minimum of two months. The Committee trusts that measures will be taken very shortly to ensure that the provisions of the Convention are fully applied to the French Southern and Antarctic Territories, and would be grateful if the Government would provide information on all such measures.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

The Committee notes that the Government's report does not reply to the points raised. It is therefore obliged to repeat its previous observation concerning the following points: The Committee recalls that, under the Labour Code, seamen's articles of agreement are governed by special provisions contained in the Maritime Labour Code -- CTM (Act of 13 December 1926). Under the general provisions of this Code, and in view of the specific nature of maritime work, any contract concluded between a shipowner or his representative and a seafarer, whose object is the performance of a service on board ship for the purpose of a voyage, is a maritime labour contract governed by the provisions of this Act. The Committee also notes that section 4 of the CTM provides that maritime labour contracts are governed by two sets of provisions: by the CTM for the periods in which the seafarer is on board, and by the Labour Code outside these periods. However, the Committee recalls that the contracts of seafarers employed on ships registered in the French Southern and Antarctic Territories (TAAF) are subject to the provisions of the Overseas Labour Code (CTOM), section 30 of which states that the applicable legislation is that of the place at which the contract is executed (lex loci solutionis). The Committee points out that the CTOM contains no maritime provisions and so does not make the distinction between the two sets of provisions applying to seafarers' contracts under section 4 of the CTM. It notes, however, that the CTOM takes precedence (section 30), and that its geographical scope extends to the antarctic territories and in part to the island of Mayotte. With regard to the legal status of contracts of seafarers on board ships registered in the TAAF, the Committee asks the Government to state whether, as indicated in the text of the Provisional instructions concerning observance of the application to foreign seafarers of the conditions of employment in force on board vessels registered in the French Southern and Antarctic Territories, these contracts are indeed maritime labour contracts, or ordinary labour contracts, and to indicate in which sectors, other than the maritime sector, economic activities are conducted in the TAAF. The Committee also notes that the magistrate's court of Saint-Denis, Réunion, has jurisdiction for individual labour disputes between shipowners and seafarers, for interpreting contracts, or annulling clauses of such contracts. With regard to the interpretation of contracts and the applicable law (French or foreign), the Committee notes the Standard Employment Contract Governing the Employment of all Filipino Seamen on Board Ocean-Going Vessels) established by the Philippine Overseas Employment Administration (POEA). It notes, inter alia, that section J (applicable law) states that the laws of the Philippines and international treaties ratified by the Philippines apply to all employment contracts of Filipino seamen. The Philippines has not ratified the Seamen's Articles of Agreement Convention, 1926 (No. 22). According to section I (Jurisdiction) of the above Standard Employment Contract, the POEA has original and exclusive jurisdiction over any disputes arising out of the contract. The Committee notes from the Government's report that no individual or collective disputes concerning the application of this Convention have been registered. It requests the Government to state (i) the law which applies to the contract(s) of seafarers employed on vessels registered in the TAAF in the case of both contracts of French seafarers (or assimilated) and contracts of non-resident foreign seafarers hired under a service contract concluded with the shipowner and a company governed by foreign law, responsible for crew recruitment, and (ii) the venue for litigation from French and foreign seafarers employed on vessels registered in the TAAF. The Committee recalls that, as regards the applicable labour law, when registration is transferred to the TAAF the contracts concluded by seafarers to work on ships previously registered in a port of metropolitan France, an overseas department or an overseas territory (other than the TAAF), are no longer governed by the CTM, but by the CTOM. The Committee trusts that the Government will not fail to provide answers to these points. Furthermore, in its comments, the French Democratic Confederation of Labour (CFDT) recalls its opposition to registration of commercial vessels in the TAAF, and wonders why the Overseas Labour Code should be applicable for merchant vessels which only call at ports in metropolitan France. The Committee requests the Government to reply to these points.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee takes note of the statement made by the Government representative to the Conference Committee on the Application of Standards in 1998 as well as of the discussion which took place in the Committee.

The Committee notes that in relation to its previous comments the Government announced to the Conference Committee that it had submitted to the Council of State a draft ordinance which would empower officers and officials of the ministry responsible for the merchant marine to report, in France and in the non-metropolitan territories, violations of the provisions applicable to seafarers serving on vessels registered in the non-metropolitan territories which entered French ports; the supervision of vessels in foreign ports would be entrusted to the consular authorities. The Government representative stated that in this way, it would be possible to ensure effective supervision of the working conditions of national seafarers, including medical examinations, in French and foreign ports. He mentioned that the consular authority responsible for identifying violations would establish a list of physicians who would conduct the examinations, in compliance with the supervisory functions entrusted to it by decree of June 1996; and that it would most often be the physician assigned to the consular personnel or French officials residing abroad who would be designated to conduct the medical examinations provided for by the Convention.

The Committee notes however that the requested detailed report has not been received. It must therefore repeat its previous observation which read as follows:

The Committee notes the information supplied in the Government's report. 1. Statistics of seafarers' medical examinations. In its previous comments, the Committee requested the Government to provide statistics of medical examinations conducted for French (and assimilated) seafarers as well as for foreign seafarers. On this point, the Committee notes that seafarers not residing in France may undergo or renew their periodical medical examinations with physicians in their place of residence which, according to the Government, is the usual practice. The Committee notes, however, that no statistics are yet available for 1996 in regard to medical examinations for seafarers residing abroad. It hopes to receive these statistics very shortly and, meanwhile, would like to receive statistics from previous years. 2. Seafarers' physical fitness examinations. The Committee recalls the comments made by the French Democratic Confederation of Labour (CFDT) in 1995 and repeated in 1996, to the effect that, in most cases, a medical examination for seafarers employed on vessels registered in the TAAF is not carried out. On this point, the Committee requests the Government, once again, to supply information on the application in practice of the Convention. 3. Medical certificate attesting to fitness for maritime navigation. While noting the introduction in the future of a new medical certificate, the Committee wonders as to the practical application and supervision procedures concerning, according to the statistics supplied by the Government, two-thirds of the seafarers employed on TAAF-registered vessels who are not nationals of the European Union. Since the customary practice for this category of personnel is to undergo medical examination abroad -- often in countries which have not ratified the Convention -- the Committee requests the Government, once again, to state the criteria for the approval of doctors registered with the French consular authorities to conduct medical examinations for seafarers, and the means of supervising such examinations, in accordance with Article 3 of the Convention. The Committee would also like to know the distinction between a physician registered (médecin déclaré) with the French consular authorities and an accredited physician (médecin habilité) to conduct the examination.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

The Committee notes the observation of the French Democratic Federation of Labour (CFDT), communicated by the Government in October 1996, to the effect that national legislation does not comply with a number of the provisions of international labour Conventions, including Convention No. 134. It notes that this observation does not indicate precisely the provisions which are not in conformity with the Convention.

The Committee notes the Government's statement to the effect that since Act No. 83-581 of 5 July 1983 relating to the protection of human life at sea, lodging on board ship and the prevention of pollution applies to all vessels registered in the French Republic, which includes the French Southern and Antarctic Territories (TAAF), there is therefore no difference in treatment between vessels registered in metropolitan France, in an overseas department, in the territorial community of Saint Pierre and Miquelon, in an overseas territory or in the French Southern and Antarctic Territories in regard to the application of this instrument and the regulations based on it. It requests the Government to refer to its general observation.

The Committee requests the Government to provide detailed information indicating the manner in which the Convention is applied to seafarers engaged on vessels registered in the TAAF, indicating in particular the measures taken to ensure that:

- all occupational accidents to seafarers are reported, comprehensive statistics of such accidents are kept and analysed, and accidents resulting in loss of life or serious personal injury are investigated (Article 2 of the Convention);

- research is undertaken into general trends in occupational accidents to seafarers and the particular hazards of maritime employment (Article 3);

- provisions concerning the prevention of accidents to seafarers are laid down by laws or other means containing references to any general provisions applicable to the work of seafarers and, in particular, to the structural features of ships, machinery, special safety measures on and below deck, loading and unloading equipment, fire prevention, anchors, chains and lines, dangerous cargo and ballast, and personal protective equipment (Article 4);

- the provisions concerning the prevention of occupational accidents to seafarers specify clearly the obligation on shipowners, seafarers and others concerned to comply with them (Article 5);

- the proper application of measures to prevent accidents to seafarers is ensured by means of adequate inspection or otherwise and copies or summaries of the relevant provisions are brought to the attention of seafarers (Article 6);

- provision shall be made for the appointment of a suitable person or suitable persons or of a suitable committee responsible, under the Master, for accident prevention (Article 7);

- programmes for the prevention of occupational accidents to seafarers are established and implemented with the participation of shipowners, seafarers or their representatives, and joint accident prevention committees or ad hoc working parties are established (Article 8);

- the necessary instructions concerning particular hazards of maritime employment are brought to the attention of all seafarers (Article 9).

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

[The Government is asked to report in detail in 1999.]

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes from the Government's report that verification of seafarers' rights to paid vacation (a minimum of five days per month of effective service) is set forth and detailed in article 3.2.2 of the Provisional instructions concerning the application of labour conditions for foreign seafarers on board vessels registered in the TAAF.

The Committee further notes the observations of the French Democratic Confederation of Labour (CFDT), according to which the relevant provisions of the texts applicable to annual paid vacation for seafarers on board ships registered in the TAAF are not applied. The Committee requests the Government to reply to these allegations. It also requests the Government to provide further information on the application of the Convention (report form, Article 7 and point V).

[The Government is asked to report in detail in 1998.]

Observation (CEACR) - adopted 1997, published 86th ILC session (1998)

With reference to its previous comments, the Committee notes that the Government's report provides no new information apart from the text of Decree No. 97-243 of 14 March 1997 regarding the registration of certain categories of vessels.

The Committee recalls that the legislation applying to vessels registered in the French Southern and Antarctic Territories, namely the Overseas Labour Code of 1952 and Chapter VI, section 26, of Act No. 96-151 with respect to the registration of vessels in these territories, contain no provisions on indemnities to be paid to seafarers in the event of shipwreck. It notes that, despite the Government's assurances, no regulations have been issued to fill the void. Consequently, the Committee cannot but stress once again that under Article 2 of the Convention the unemployment indemnity due to seamen in every case of loss or foundering of any vessel, shall be paid for the days during which the seaman remains unemployed, for a minimum of two months. The Committee trusts that measures will be taken very shortly to ensure that the provisions of the Convention are fully applied to the French Southern and Antarctic Territories, and would be grateful if the Government would provide information on all such measures.

Observation (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes that the Government's report does not reply to the points raised. It is therefore obliged to repeat its previous observation concerning the following points:

The Committee recalls that, under the Labour Code, seamen's articles of agreement are governed by special provisions contained in the Maritime Labour Code -- CTM (Act of 13 December 1926). Under the general provisions of this Code, and in view of the specific nature of maritime work, any contract concluded between a shipowner or his representative and a seafarer, whose object is the performance of a service on board ship for the purpose of a voyage, is a maritime labour contract governed by the provisions of this Act. The Committee also notes that section 4 of the CTM provides that maritime labour contracts are governed by two sets of provisions: by the CTM for the periods in which the seafarer is on board, and by the Labour Code outside these periods. However, the Committee recalls that the contracts of seafarers employed on ships registered in the French Southern and Antarctic Territories (TAAF) are subject to the provisions of the Overseas Labour Code (CTOM), section 30 of which states that the applicable legislation is that of the place at which the contract is executed (lex loci solutionis). The Committee points out that the CTOM contains no maritime provisions and so does not make the distinction between the two sets of provisions applying to seafarers' contracts under section 4 of the CTM. It notes, however, that the CTOM takes precedence (section 30), and that its geographical scope extends to the antarctic territories and in part to the island of Mayotte. With regard to the legal status of contracts of seafarers on board ships registered in the TAAF, the Committee asks the Government to state whether, as indicated in the text of the Provisional instructions concerning observance of the application to foreign seafarers of the conditions of employment in force on board vessels registered in the French Southern and Antarctic Territories, these contracts are indeed maritime labour contracts, or ordinary labour contracts, and to indicate in which sectors, other than the maritime sector, economic activities are conducted in the TAAF. The Committee also notes that the magistrate's court of Saint-Denis, Réunion, has jurisdiction for individual labour disputes between shipowners and seafarers, for interpreting contracts, or annulling clauses of such contracts. With regard to the interpretation of contracts and the applicable law (French or foreign), the Committee notes the Standard Employment Contract Governing the Employment of all Filipino Seamen on Board Ocean-Going Vessels) established by the Philippine Overseas Employment Administration (POEA). It notes, inter alia, that section J (applicable law) states that the laws of the Philippines and international treaties ratified by the Philippines apply to all employment contracts of Filipino seamen. The Philippines has not ratified the Seamen's Articles of Agreement Convention, 1926 (No. 22). According to section I (Jurisdiction) of the above Standard Employment Contract, the POEA has original and exclusive jurisdiction over any disputes arising out of the contract. The Committee notes from the Government's report that no individual or collective disputes concerning the application of this Convention have been registered. It requests the Government to state (i) the law which applies to the contract(s) of seafarers employed on vessels registered in the TAAF in the case of both contracts of French seafarers (or assimilated) and contracts of non-resident foreign seafarers hired under a service contract concluded with the shipowner and a company governed by foreign law, responsible for crew recruitment, and (ii) the venue for litigation from French and foreign seafarers employed on vessels registered in the TAAF. The Committee recalls that, as regards the applicable labour law, when registration is transferred to the TAAF the contracts concluded by seafarers to work on ships previously registered in a port of metropolitan France, an overseas department or an overseas territory (other than the TAAF), are no longer governed by the CTM, but by the CTOM.

The Committee trusts that the Government will not fail to provide answers to these points.

Furthermore, in its comments, the French Democratic Confederation of Labour (CFDT) recalls its opposition to registration of commercial vessels in the TAAF, and wonders why the Overseas Labour Code should be applicable for merchant vessels which only call at ports in metropolitan France.

The Committee requests the Government to reply to these points.

Observation (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes the information supplied in the Government's report.

1. Statistics of seafarers' medical examinations.In its previous comments, the Committee requested the Government to provide statistics of medical examinations conducted for French (and assimilated) seafarers as well as for foreign seafarers. On this point, the Committee notes that seafarers not residing in France may undergo or renew their periodical medical examinations with physicians in their place of residence which, according to the Government, is the usual practice.

The Committee notes, however, that no statistics are yet available for 1996 in regard to medical examinations for seafarers residing abroad. It hopes to receive these statistics very shortly and, meanwhile, would like to receive statistics from previous years.

2. Seafarers' physical fitness examinations.The Committee recalls the comments made by the French Democratic Confederation of Labour (CFDT) in 1995 and repeated in 1996, to the effect that, in most cases, a medical examination for seafarers employed on vessels registered in the TAAF is not carried out. On this point, the Committee requests the Government, once again, to supply information on the application in practice of the Convention.

3. Medical certificate attesting to fitness for maritime navigation.While noting the introduction in the future of a new medical certificate, the Committee wonders as to the practical application and supervision procedures concerning, according to the statistics supplied by the Government, two-thirds of the seafarers employed on TAAF-registered vessels who are not nationals of the European Union. Since the customary practice for this category of personnel is to undergo medical examination abroad -- often in countries which have not ratified the Convention -- the Committee requests the Government, once again, to state the criteria for the approval of doctors registered with the French consular authorities to conduct medical examinations for seafarers, and the means of supervising such examinations, in accordance with Article 3 of the Convention. The Committee would also like to know the distinction between a physician registered (médecin déclaré) with the French consular authorities and an accredited physician (médecin habilité) to conduct the examination.

[The Government is requested to supply a detailed report in 1998.]

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

Further to its previous comments, the Government states in its report that the Decree of 20 March 1987, amended on 4 August 1993, concerning registration and equipping of ships in the territories, has been annulled by the decision of the Council of States of 27 October 1995. Consequently, the Maritime Labour Code, which provides for compensation in case of shipwreck, no longer applies to the territories; only the Overseas Labour Code (Law No. 52/1322) applies now. Furthermore, Law No. 96-151, chapter VI of which concerns registration of ships in the Southern and Antarctic Territories, has been promulgated. The regulations pertaining to Law No. 96-151 are in the course of elaboration and of consultation, and they will be sent as soon as they have been promulgated. The Government adds that, in the meantime, inspectors monitoring conditions aboard ships registered in the territories follow a set of instructions which include, under point 3.3.1, verification of the right to an unemployment indemnity in case of shipwreck.

The Committee notes this information. It notes that article 26 of Law No. 96-151 does not contain provisions relating to compensation in case of shipwreck for seamen engaged on ships registered in the Southern and Antarctic Territories. The Committee recalls that under Article 2 of the Convention, the unemployment indemnity due to seamen in every case of loss or foundering of any vessel, shall be paid for the days during which the seaman remains unemployed, for a minimum of two months. The Committee trusts that the Government will have no difficulty taking the necessary measures in the near future to ensure that the Convention is fully applied in the law applicable to the Southern and Antarctic Territories. The Committee would appreciate receiving information on any progress made in this respect. Please supply a copy of the above-mentioned instructions relating to inspections.

[The Government is asked to report in detail in 1997.]

Observation (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee recalls that, under the Labour Code, seamen's articles of agreement are governed by special provisions contained in the Maritime Labour Code - CTM (Act of 13 December 1926). Under the general provisions of this Code, and in view of the specific nature of maritime work, any contract concluded between a shipowner or his representative and a seafarer, whose object is the performance of a service on board ship for the purpose of a voyage, is a maritime labour contract governed by the provisions of this Act.

The Committee also notes that section 4 of the CTM provides that maritime labour contracts are governed by two sets of provisions: by the CTM for the periods in which the seafarer is on board, and by the Labour Code outside these periods.

However, the Committee recalls that the contracts of seafarers employed on ships registered in the French Southern and Antarctic Territories (TAAF) are subject to the provisions of the Overseas Labour Code (CTOM), section 30 of which states that the applicable legislation is that of the place at which the contract is executed (lex loci solutionis). The Committee points out that the CTOM contains no maritime provisions and so does not make the distinction between the two sets of provisions applying to seafarers' contracts under section 4 of the CTM. It notes, however, that the CTOM takes precedence (section 30), and that its geographical scope extends to the antarctic territories and in part to the island of Mayotte.

With regard to the legal status of contracts of seafarers on board ships registered in the TAAF, the Committee asks the Government to state whether, as indicated in the text of the Provisional instructions concerning observance of the application to foreign seafarers of the conditions of employment in force on board vessels registered in the French Southern and Antarctic Territories, these contracts are indeed maritime labour contracts, or ordinary labour contracts, and to indicate in which sectors, other than the maritime sector, economic activities are conducted in the TAAF.

The Committee also notes that the magistrate's court of Saint-Denis, Réunion, has jurisdiction for individual labour disputes between shipowners and seafarers, for interpreting contracts, or annulling clauses of such contracts.

With regard to the interpretation of contracts and the applicable law (French or other), the Committee notes the Standard Employment Contract Governing the Employment of all Filipino Seamen on Board Ocean-Going Vessels) established by the Philippine Overseas Employment Administration (POEA). It notes, inter alia, that section J (applicable law) states that the laws of the Philippines and international treaties ratified by the Philippines apply to all employment contracts of Filipino seamen. The Philippines has not ratified the Seamen's Articles of Agreement Convention, 1926 (No. 22). According to section I (Jurisdiction) of the above Standard Employment Contract, the POEA has original and exclusive jurisdiction over any disputes arising out of the contract.

The Committee notes from the Government's report that no individual or collective disputes concerning the application of this Convention have been registered. It requests the Government to state (i) the law which applies to the contract(s) of seafarers employed on vessels registered in the TAAF in the case of both contracts of French seafarers (or assimilated) and contracts of non-resident foreign seafarers, hired under a contract for the performance of services concluded by the shipowner and a company governed by foreign law, responsible for recruiting the crew, and (ii) the maritime authority authorized to hear complaints from French and foreign seafarers employed on such vessels.

The Committee refers to its general observation and recalls that, when a registration is transferred to the TAAF, as regards applicable labour law the contracts concluded by seafarers to work on ships previously registered in a port of metropolitan France, an overseas department or an overseas territory (other than the TAAF), are no longer governed by the CTM, but by the CTOM.

[The Government is asked to report in detail in 1997.]

Observation (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes the information supplied by the Government in its report.

1. Statistics of seafarers' medical examinations.

The Committee notes the statistics of the number of medical examinations carried out in metropolitan France from 1987 to 1995, attached to the Government's report on Convention No. 16. The Committee notes that at 1 January 1995 the number of posts of officer and seafarer on board ships registered in the French Southern and Antarctic Territories (TAAF) was 1,525, 833 of which were held by French nationals. However, no statistics are provided of the number of medical examinations conducted for seafarers in the TAAF. The Government is asked to provide statistics of medical examinations conducted for French and foreign seafarers employed on ships registered in the TAAF.

2. Seafarers' physical fitness examinations.

The Committee again refers to the observations made by the French Democratic Confederation of Labour (CFDT) in 1995 and repeated in 1996, to the effect that the physical fitness examination for seafarers employed on vessels registered in the TAAF would not be conducted by a medical officer of the merchant navy and, in most cases, would not be carried out at all. The Committee asks the Government to send its observations on the above allegations.

3. Medical certificate attesting to fitness for maritime navigation.

The Committee notes the promulgation, on 10 June 1996, of Territorial Order No. 22 applying a certificate of fitness for maritime navigation to the TAAF. The Committee notes that under section 1, the Order is applicable to all seafarers applying for employment on board a ship registered in the TAAF. The Committee notes that physical fitness for navigation is a attested to (i) by a seafarers' doctor in metropolitan France; (ii) a doctor appointed by the maritime authority in overseas departments and territories, and (iii) by an approved doctor on the list of the French consular authority abroad. With regard to examinations conducted abroad, the Committee asks the Government to state the criteria for the approval of doctors authorized to conduct medical examinations for seafarers, and the means of supervising such examinations, in accordance with Article 3 of the Convention.

The Committee asks the Government to indicate, in accordance with the provisions of Article 4 of the Convention, what arrangements exist for consulting organizations of shipowners and seafarers, particularly foreign seafarers, regarding the nature of the medical examination and the information to be provided in the medical certificate.

The Committee notes that the preamble of the Order of 10 June 1996 refers to the Order of 9 August 1961 establishing the age and physical fitness requirements for the registration of French seafarers in the overseas territories. Section 1 of this Order refers to the provisions of section 115 of the Maritime Labour Code (CTM). The Committee notes that in its report sent in June 1996 on the application of the Seamen's Articles of Agreement Convention (No. 22) in the TAAF, the Government states that the CTM does not apply in the TAAF and that the applicable legislation is the Overseas Labour Code (CTOM). The Committee asks the Government to elucidate this point.

The Committee asks the Government to refer also to the general observation on the TAAF.

[The Government is asked to report in detail in 1997.]

Observation (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes the information supplied in the Government's first reports.

The Committee notes the observation of the French Democratic Federation of Labour (CFDT), communicated by the Government in October 1996, to the effect that national legislation does not comply with a number of the provisions of international labour Conventions, including Convention No. 134. It notes that this observation does not indicate precisely the provisions which are not in conformity with the Convention.

The Committee notes the Government's statement to the effect that since Act No. 83-581 of 5 July 1983 relating to the protection of human life at sea, lodging on board ship and the prevention of pollution applies to all vessels registered in the French Republic, which includes the French Southern and Antarctic Territories (TAAF), there is therefore no difference in treatment between vessels registered in metropolitan France, in an overseas department, in the territorial community of Saint Pierre and Miquelon, in an overseas territory or in the French Southern and Antarctic Territories in regard to the application of this instrument and the regulations based on it. It requests the Government to refer to its general observation.

The Committee requests the Government to provide detailed information indicating the manner in which the Convention is applied to seafarers engaged on vessels registered in the TAAF, indicating in particular the measures taken to ensure that:

- all occupational accidents to seafarers are reported, comprehensive statistics of such accidents are kept and analysed, and accidents resulting in loss of life or serious personal injury are investigated (Article 2 of the Convention);

- research is undertaken into general trends in occupational accidents to seafarers and the particular hazards of maritime employment (Article 3);

- provisions concerning the prevention of accidents to seafarers are laid down by laws or other means containing references to any general provisions applicable to the work of seafarers and, in particular, to the structural features of ships, machinery, special safety measures on and below deck, loading and unloading equipment, fire prevention, anchors, chains and lines, dangerous cargo and ballast, and personal protective equipment (Article 4);

- the provisions concerning the prevention of occupational accidents to seafarers specify clearly the obligation on shipowners, seafarers and others concerned to comply with them (Article 5);

- the proper application of measures to prevent accidents to seafarers is ensured by means of adequate inspection or otherwise and copies or summaries of the relevant provisions are brought to the attention of seafarers (Article 6);

- provision shall be made for the appointment of a suitable person or suitable persons or of a suitable committee responsible, under the Master, for accident prevention (Article 7);

- programmes for the prevention of occupational accidents to seafarers are established and implemented with the participation of shipowners, seafarers or their representatives, and joint accident prevention committees or ad hoc working parties are established (Article 8);

- the necessary instructions concerning particular hazards of maritime employment are brought to the attention of all seafarers (Article 9).

[The Government is requested to report in detail in 1998.]

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

Further to its previous comments, the Committee notes the Government's statement that the Ministry of Equipment for Transportation and Tourism has developed a draft law pertaining to modernization of transports which would provide greater security in law to seamen on board ships registered in the French Southern and Antarctic Territories. The Committee notes this information and hopes that this law will be adopted in the near future and will unambiguously ensure that the provisions of the Convention are fully applied in the French Southern and Antarctic Territories. The Committee would appreciate receiving a copy of the law once it is adopted.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee notes with regret 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:

The Committee refers to its General Observation for the Territories.

It would be grateful if the Government would submit a detailed and complete report in accordance with the report form approved by the Governing Body of the ILO. Please also supply the text of the Order of 9 August 1961 that sets the minimum age and physical fitness of seafarers, referred to by the Government in its 1992 report.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes with regret 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:

The Committee refers to its General Observation for the Territories.

The Committee notes the observation made by the General Confederation of Labour "Force Ouvrière" (CGT-FO) and transmitted by the Government, which refers to a decision of the Social Division of the Cour de cassation of 12 January 1993. The CGT-FO relies on its understanding of this decision to state that with respect to vessels registered in the Territories, the Maritime Labour Code applies instead of the Overseas Labour Code.

The Committee would be grateful if the Government would provide any information it considers useful in this regard.

1. The Committee notes the Government's first report and particularly the fact that the Maritime Labour Code does not apply to the territory. The Committee recalls the opinion expressed in Circular No. 46-CT/T30 of 24 January 1955 that comprehensive regulations for seafarers would be the best means of resolving all the problems of seafarers' employment, and that such regulations should be based on the relevant international Conventions. The Committee would be grateful if the Government would indicate any measures taken or envisaged in this respect.

2. With regard to the provisions referred to in the report, the Committee raises the following points:

Article 3, paragraph 1, of the Convention. The Committee notes the provisions of section 32 of the Overseas Labour Code (CTOM). It notes, however, that section 34 of the Code provides that the types of agreement and the procedures for establishing them are to laid down in Orders. The Committee would be grateful if the Government would provide copies of any Orders issued under this provision.

Article 3, paragraph 6. The Committee would be grateful if the Government would indicate whether, apart from those laid down in section 32 of the CTOM, there are any formalities and guarantees concerning the conclusion of agreements in the national legislation.

Article 4. The Committee notes the provision of section 32 of the CTOM which provides that the competent authority is to approve agreements after it has ascertained that they are consistent with labour legislation. It asks the Government to provide details of the practical application of this provision, indicating in particular whether it is possible to guarantee by this procedure that the agreement does not contain any stipulation by which the parties purport to contract in advance to depart from the ordinary rules as to jurisdiction over the agreement.

Article 5. The Committee would be grateful if the Government would indicate under what provisions a document is, in accordance with this Article of the Convention, given to French or foreign seafarers, the particulars recorded and the manner in which such particulars are to be entered. It also asks the Government to confirm that the document does not contain any statement as to the quality of the seafarer's work or as to his wages. The Committee would also be grateful if the Government would provide a sample of the document given to foreign seafarers.

Article 6, paragraph 1. The Committee would be grateful if the Government would state whether agreements are ever made for a voyage in respect of seafarers employed on ships registered in the territory.

Article 6, paragraphs 2 and 3. The Committee notes the provision of section 38 of the CTOM under which, in the absence of collective agreements, the conditions and period of notice required for the rescission of agreements for an indefinite period have to be laid down by Order. It asks the Government to indicate the conditions and period of notice established (paragraph 10(c)). Furthermore, the Committee would be grateful if the Government would indicate the provision under which the various rights and obligations and other particulars specified by this Article must be stated in the agreement.

Article 7. The Committee notes the Circular of 29 August 1990 respecting the registration and commissioning of ships in the French Southern and Antarctic Territories, which determines the vessels that must carry a list of crew. However, it notes that section 34 of the CTOM referred to by the Government does not require that the agreement be recorded in or annexed to the list of crew. It asks the Government to state which legal text reproduces this requirement of the Convention.

Article 8. The Committee notes that the legislation provided by the Government does not lay down the measures whereby the seafarer's rights and obligations are made clear to him, as required by this provision of the Convention. It asks the Government to provide copies of any relevant legal texts.

Article 9, paragraph 1. The Committee notes that section 38 of the CTOM allows agreements for an indefinite period to be terminated by either party subject to notice. It asks the Government to state whether agreements may be terminated in ports where the vessel loads or unloads, the period of notice required, and whether the period of notice is established by the parties or the competent authority.

Article 9, paragraph 2. The Committee notes that section 38 of the CTOM provides that at the request of the worker concerned, his dismissal must be confirmed in writing within eight days, which would appear to indicate that notice is not given in writing in all cases, as required by the Convention. It asks the Government to take the necessary steps to ensure the national legislation is in conformity with this provision of the Convention. Furthermore, the Committee would be grateful if the Government would indicate whether the national legislation determines the manner of giving notice and, if so, to state its content.

Article 9, paragraph 3. Please provide full information on the nature of the exceptional circumstances determined by national law pursuant to this provision.

Article 10. Please indicate how the national legislation ensures that full effect is given to this provision and, in so far as use has been made of paragraph (d), please give full information on the clauses in question and provide the relevant legal texts.

Articles 11 and 12. The Committee notes that section 41 of the CTOM provides that agreements for a definite period may be terminated prematurely at the request of one of the parties only in the cases provided for in the agreement or in the event of serious misconduct which shall be determined by the competent jurisdiction. It asks the Government to indicate the manner in which effect is given to these Articles with regard to agreements for an indefinite period and to state whether the national legislation lays down circumstances other than serious misconduct in which seafarers may be dismissed or immediately discharged.

Article 13. Please indicate how the national legislation ensures that full effect is given to this Article of the Convention.

Article 14, paragraph 1. The Committee notes that sections 45 and 172 of the CTOM do not ensure that an entry is made in the document issued to the seafarer in accordance with Article 5 of the Convention, showing that he has been discharged following the rescission or termination of the agreement. It asks the Government to take the necessary measures to ensure that effect is given to this provision of the Convention and to provide particulars.

Article 14, paragraph 2. The Committee notes that sections 45 and 172 of the CTOM, referred to by the Government in connection with this Article, do not apply this provision of the Convention. However, section 51 of the CTOM provides that on the rescission of the agreement, workers may require of the employer, subject to the payment of damages, a certificate specifying only the dates on which he joined and left, and the nature and dates of the successive jobs held. It asks the Government to take the necessary measures, including amendment of the national legislation, to ensure that all seafarers, whether French or foreign, are entitled in all cases to obtain from the master a separate certificate as to the quality of their work or, failing that, a certificate indicating whether they have fully discharged their obligations under the agreement.

Article 15. The Committee notes the information supplied by the Government in its report to the effect that the organization of a labour inspection service and the preparation of social legislation for the territory provided for in section 145 of the CTOM are being examined but, owing to practical difficulties, have not yet been realized. Consequently, the only competent authority is the Chief Administrator of the Territory, who is assisted by the maritime authorities. The Committee would be grateful if the Government would indicate any developments in the establishment of the above-mentioned labour inspection services, and provide information on the methods used to ensure supervision of the application of the relevant national legislation.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee notes with regret 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:

The Committee refers to its General Observation for the Territories.

The Committee notes the Government's statement in its first report that the standards contained in the Overseas Labour Code are generally superior to those of the Convention. However, the sections referred to of the Code (namely, sections 129 to 132) do not appear to contain any provision conceived in terms of maritime labour and comparable, for example, to the sections of the Maritime Labour Code under which the Convention appears to be applied in France.

In general, the Committee recalls the opinion contained in Circular No. 46-CT/T30 of 24 January 1955, mentioned by the Government, according to which a general regulation for the overseas departments applicable to seafarers would cover more fully and more satisfactorily all the problems arising out of the employment of seafarers, and that the regulations would be inspired in particular by the relevant international Conventions. The Committee would be grateful if the Government would indicate any measure which has been taken or is envisaged to this effect. It trusts that the Government will include in its next report more detailed information on the way in which Articles 3 to 6 of the Convention are applied in practice. Please indicate the procedures by which the Convention is applied to the repatriation of seafarers, both French and foreign, for which the responsible authorities are aware of the need, if necessary, to advance the expenses of repatriation (Part III of the report form). Please also supply any statistical information which is available in this respect (Part V).

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee notes with regret 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:

The Committee refers to its General Observation for the Territories.

The Committee notes section 118 of the Overseas Labour Code, referred to by the Government in its report, according to which the minimum age for employment at sea is 14 years. Since the minimum age laid down in Article 2(1) of the Convention is 15 years, it asks the Government to indicate the measures taken or envisaged to bring its legislation into conformity with this provision of the Convention.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee notes with regret 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:

The Committee refers to its General Observation for the Territories.

The Committee notes the information supplied by the Government in its first report and in particular that, for the most part, the legislation applying in metropolitan France, except for the Maritime Labour Code, are applied to the territory. It none the less asks the Government to provide information on the following points:

Article 6(d) of the Convention. The Committee notes that the national laws or regulations do not seem to provide for a system of inspection of the qualification of such members of the catering department of the crew as are required by such laws or regulations to possess prescribed qualifications. It asks the Government to indicate the measures taken or under consideration to give full effect to this provision of the Convention.

Article 7, paragraphs 1 and 2. The Committee notes that the national laws and regulations do not provide for inspection at sea as required by the Convention, but that, according to the Government's report, in practice the master conducts such inspections with the assistance of an officer. It asks the Government to indicate the measures taken or envisaged to give full effect to this provision of the Convention. Furthermore, the Committee asks the Government to state whether the results of each such inspection are recorded, as required by the Convention.

Articles 9 and 10 and Parts III and V of the report form. Please provide information on the functioning of the inspection system, including a copy of the most recent report drawn up by the competent authority.

Articles 11, 12 and 13. Please describe the manner in which these articles are applied.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee notes with regret 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:

The Committee refers to its General Observation for the Territories.

The Committee notes the observation of the French Democratic Confederation of Labour (CFDT) transmitted by the Government and received by the Office on 20 February 1995, stating that the physical examination of seafarers on board vessels registered in the Territories is not made by a medical doctor of the merchant marine and that in most cases they are not examined at all. The Committe would be grateful if the Government would provide any information it considers useful in this regard.

The Committee notes the information in the first report, which is the same as that for France. It would be glad if the Government would kindly include in its next report the information on the practical application of the Convention in the Territories requested in points III and V of the report form. Please also supply a copy of the texts mentioned in the report.

The Committee would also be grateful if the Government would provide the text of the Order of 9 August 1961 that sets the minimum age and physical fitness of seafarers, referred to by the Government in its 1992 report.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee notes with regret 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:

The Committee refers to its General Observation for the Territories.

The Committee notes the first report. It requests the Government to include in its next report information on the following points:

Article 4 of the Convention. The Committee notes that the order provided for under section 122(1)(c) of the Overseas Labour Code (CTOM) has not been issued, but that the principle of proportionality set out in the Convention is applicable. It would be grateful if the Government would supply the texts of typical provisions in this respect contained in collective agreements and seafarers' articles of agreement.

Article 5. The Committee understands from the Government's statement that the method of calculation of the period of service for the purpose of determining leave entitlement is identical to that for the length of leave acquired as described in section 121(4) to (6) of the CTOM. It would be grateful if the Government would indicate any specific measure which has been taken or is envisaged in this respect. Please also indicate the conditions under which absence from work to attend an approved maritime vocational training course is counted as part of the period of service (paragraph 3 of this Article).

Article 6(a), (c) and (d). Please indicate the provisions under which public holidays, temporary authorizations for shore leave and compensatory leave are not counted in the paid holiday and any specific measure which has been envisaged in this respect.

Article 7, paragraphs 2 and 3. Please indicate whether it is ensured that the remuneration referred to in this Article is paid in advance of the holiday and how it is ensured that seafarers who leave the service or are discharged before they have taken annual leave receive this remuneration.

Article 8. The Committee hopes that the Government will supply the texts of collective agreements and model articles of agreement containing provisions on the functioning of annual leave, and that it will supply information on the authorizations in this respect issued by the competent authority with regard to the customary practices of the enterprises referred to in the report.

Article 10, paragraph 1. Please indicate the method by which the timing of the holiday is determined.

Article 12. The Committee hopes that the Government will supply the texts of the collective agreements to which it refers with regard to the possibility for the employer to recall seafarers taking annual leave, and that it will describe the manner in which effect is given to this Article, given that its application is only a matter of the employer's managerial discretion.

Point V of the report form. Please supply the available information, and particularly statistics, on the effect given in practice to the Convention.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee notes with regret that the Government's report has not ben 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 on the matters raised in its previous direct request which read as follows:

The Committee refers to its general observation for the territories.

The Committee notes the brief indications contained in the Government's first report. It asks the Government to indicate to what extent shipboard conditions of employment and shipboard living arrangements are covered by collective agreements or laid down by competent courts in a manner equally binding on the shipowners and the seafarers concerned, and to provide copies of such agreements, awards or decisions. It also asks the Government in its next report to provide information on the following points:

Article 2(a)(i) of the Convention. Please indicate the provisions of the legislation in force in the territory relating to hours of work on board ship.

Article 2(a)(ii) (Conventions referred to in the Appendix to Convention No. 147 but which do not apply to the territory). The Committee recalls that none of the Conventions concerning social security, i.e. Nos. 55, 56 and 130, has been declared applicable to the territory. It asks the Government to provide, in respect of French seafarers, the texts, as amended, of the Decree of 17 June 1938 and the Code of Seafarers' Retirement Pensions, referred to in the report, and to indicate for each provision of Conventions Nos. 55, 56 or 130 reproduced in the report form, in respect of both foreign and French seafarers, the corresponding provisions of the legislation in force in the territory that ensures substantial equivalence in accordance with the Convention.

Article 2(d). The Committee notes the information on the placement of seafarers provided in the first report on Convention No. 9. Please indicate the procedures for the investigation of complaints concerning the engagement of seafarers (since this is not dealt with in Decree No. 84-810) and all tripartite consultations on this matter.

Article 2(e). Please indicate how the provisions of the Vocational Training (Seafarers) Recommendation, 1970 (No. 137), are taken into account when the maritime authority exercises its supervision of ships' crews.

Article 2(f). The Committee notes the Government's statement that the organization of a labour inspection service for the territory is being examined. It trusts that the next report will contain additional information on this matter and that it will indicate in detail, as required by the report form, all current arrangements to verify that international labour Conventions and the legislation applying to the territory are observed.

Article 2(g). The Committee notes that inquiries into maritime matters are subject to secrecy under French penal law. It recalls that in the event of a serious marine casualty an official inquiry must be held, the final report of which must normally be made public. It asks the Government to provide the text of the Act of 17 December 1926, referred to in the report, together with the text declaring it applicable to the territory and the text of any other relevant legislation. Please indicate in particular the measures envisaged to ensure that final reports are made public in accordance with the Convention. Please provide the information required in the report form on the number of inquiries that have been conducted and the measures taken as a result.

Article 4. The Committee notes that Decree No. 84-810 seems to refer to complaints made by crews of ships registered in the territory. It asks the Government to indicate, also bearing in mind Article 2(f) of the Convention, to what extent ships registered in the territory are assimilated to ships registered in metropolitan France for the purposes of inspection and to provide, if applicable, information on any inspection of ships not registered in the territory which call there.

Article 5. The Committee notes that, according to section 2.4 of the Circular of 29 August 1960, the "relevant" Conventions of the IMO apply to ships registered in the territory. Please indicate the instruments in question and whether any specific arrangements have been made in this context.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee refers to its General Observation for the Territories.

The Committee notes with regret that the Government's report has not been received. It would be grateful if the Government would submit a detailed and complete report in accordance with the report form approved by the Governing Body of the ILO. Please also supply the text of the Order of 9 August 1961 that sets the minimum age and physical fitness of seafarers, referred to by the Government in its 1992 report.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee refers to its General Observation for the Territories.

The Committee notes the observation made by the General Confederation of Labour "Force Ouvrière" (CGT-FO) and transmitted by the Government, which refers to a decision of the Social Division of the Cour de cassation of 12 January 1993. The CGT-FO relies on its understanding of this decision to state that with respect to vessels registered in the Territories, the Maritime Labour Code applies instead of the Overseas Labour Code.

The Committee would be grateful if the Government would provide any information it considers useful in this regard.

The Committee notes with regret that the Government's report has not been received. It must therefore repeat its previous direct request which read as follows:

1. The Committee notes the Government's first report and particularly the fact that the Maritime Labour Code does not apply to the territory. The Committee recalls the opinion expressed in Circular No. 46-CT/T30 of 24 January 1955 that comprehensive regulations for seafarers would be the best means of resolving all the problems of seafarers' employment, and that such regulations should be based on the relevant international Conventions. The Committee would be grateful if the Government would indicate any measures taken or envisaged in this respect.

2. With regard to the provisions referred to in the report, the Committee raises the following points:

Article 3, paragraph 1, of the Convention. The Committee notes the provisions of section 32 of the Overseas Labour Code (CTOM). It notes, however, that section 34 of the Code provides that the types of agreement and the procedures for establishing them are to laid down in Orders. The Committee would be grateful if the Government would provide copies of any Orders issued under this provision.

Article 3, paragraph 6. The Committee would be grateful if the Government would indicate whether, apart from those laid down in section 32 of the CTOM, there are any formalities and guarantees concerning the conclusion of agreements in the national legislation.

Article 4. The Committee notes the provision of section 32 of the CTOM which provides that the competent authority is to approve agreements after it has ascertained that they are consistent with labour legislation. It asks the Government to provide details of the practical application of this provision, indicating in particular whether it is possible to guarantee by this procedure that the agreement does not contain any stipulation by which the parties purport to contract in advance to depart from the ordinary rules as to jurisdiction over the agreement.

Article 5. The Committee would be grateful if the Government would indicate under what provisions a document is, in accordance with this Article of the Convention, given to French or foreign seafarers, the particulars recorded and the manner in which such particulars are to be entered. It also asks the Government to confirm that the document does not contain any statement as to the quality of the seafarer's work or as to his wages. The Committee would also be grateful if the Government would provide a sample of the document given to foreign seafarers.

Article 6, paragraph 1. The Committee would be grateful if the Government would state whether agreements are ever made for a voyage in respect of seafarers employed on ships registered in the territory.

Article 6, paragraphs 2 and 3. The Committee notes the provision of section 38 of the CTOM under which, in the absence of collective agreements, the conditions and period of notice required for the rescission of agreements for an indefinite period have to be laid down by Order. It asks the Government to indicate the conditions and period of notice established (paragraph 10(c)). Furthermore, the Committee would be grateful if the Government would indicate the provision under which the various rights and obligations and other particulars specified by this Article must be stated in the agreement.

Article 7. The Committee notes the Circular of 29 August 1990 respecting the registration and commissioning of ships in the French Southern and Antarctic Territories, which determines the vessels that must carry a list of crew. However, it notes that section 34 of the CTOM referred to by the Government does not require that the agreement be recorded in or annexed to the list of crew. It asks the Government to state which legal text reproduces this requirement of the Convention.

Article 8. The Committee notes that the legislation provided by the Government does not lay down the measures whereby the seafarer's rights and obligations are made clear to him, as required by this provision of the Convention. It asks the Government to provide copies of any relevant legal texts.

Article 9, paragraph 1. The Committee notes that section 38 of the CTOM allows agreements for an indefinite period to be terminated by either party subject to notice. It asks the Government to state whether agreements may be terminated in ports where the vessel loads or unloads, the period of notice required, and whether the period of notice is established by the parties or the competent authority.

Article 9, paragraph 2. The Committee notes that section 38 of the CTOM provides that at the request of the worker concerned, his dismissal must be confirmed in writing within eight days, which would appear to indicate that notice is not given in writing in all cases, as required by the Convention. It asks the Government to take the necessary steps to ensure the national legislation is in conformity with this provision of the Convention. Furthermore, the Committee would be grateful if the Government would indicate whether the national legislation determines the manner of giving notice and, if so, to state its content.

Article 9, paragraph 3. Please provide full information on the nature of the exceptional circumstances determined by national law pursuant to this provision.

Article 10. Please indicate how the national legislation ensures that full effect is given to this provision and, in so far as use has been made of paragraph (d), please give full information on the clauses in question and provide the relevant legal texts.

Articles 11 and 12. The Committee notes that section 41 of the CTOM provides that agreements for a definite period may be terminated prematurely at the request of one of the parties only in the cases provided for in the agreement or in the event of serious misconduct which shall be determined by the competent jurisdiction. It asks the Government to indicate the manner in which effect is given to these Articles with regard to agreements for an indefinite period and to state whether the national legislation lays down circumstances other than serious misconduct in which seafarers may be dismissed or immediately discharged.

Article 13. Please indicate how the national legislation ensures that full effect is given to this Article of the Convention.

Article 14, paragraph 1. The Committee notes that sections 45 and 172 of the CTOM do not ensure that an entry is made in the document issued to the seafarer in accordance with Article 5 of the Convention, showing that he has been discharged following the rescission or termination of the agreement. It asks the Government to take the necessary measures to ensure that effect is given to this provision of the Convention and to provide particulars.

Article 14, paragraph 2. The Committee notes that sections 45 and 172 of the CTOM, referred to by the Government in connection with this Article, do not apply this provision of the Convention. However, section 51 of the CTOM provides that on the rescission of the agreement, workers may require of the employer, subject to the payment of damages, a certificate specifying only the dates on which he joined and left, and the nature and dates of the successive jobs held. It asks the Government to take the necessary measures, including amendment of the national legislation, to ensure that all seafarers, whether French or foreign, are entitled in all cases to obtain from the master a separate certificate as to the quality of their work or, failing that, a certificate indicating whether they have fully discharged their obligations under the agreement.

Article 15. The Committee notes the information supplied by the Government in its report to the effect that the organization of a labour inspection service and the preparation of social legislation for the territory provided for in section 145 of the CTOM are being examined but, owing to practical difficulties, have not yet been realized. Consequently, the only competent authority is the Chief Administrator of the Territory, who is assisted by the maritime authorities. The Committee would be grateful if the Government would indicate any developments in the establishment of the above-mentioned labour inspection services, and provide information on the methods used to ensure supervision of the application of the relevant national legislation.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee refers to its General Observation for the Territories.

The Committee notes with regret that the Government's report has not been received. It must therefore repeat its previous direct request, which read as follows:

The Committee notes the Government's statement in its first report that the standards contained in the Overseas Labour Code are generally superior to those of the Convention. However, the sections referred to of the Code (namely, sections 129 to 132) do not appear to contain any provision conceived in terms of maritime labour and comparable, for example, to the sections of the Maritime Labour Code under which the Convention appears to be applied in France.

In general, the Committee recalls the opinion contained in Circular No. 46-CT/T30 of 24 January 1955, mentioned by the Government, according to which a general regulation for the overseas departments applicable to seafarers would cover more fully and more satisfactorily all the problems arising out of the employment of seafarers, and that the regulations would be inspired in particular by the relevant international Conventions. The Committee would be grateful if the Government would indicate any measure which has been taken or is envisaged to this effect. It trusts that the Government will include in its next report more detailed information on the way in which Articles 3 to 6 of the Convention are applied in practice. Please indicate the procedures by which the Convention is applied to the repatriation of seafarers, both French and foreign, for which the responsible authorities are aware of the need, if necessary, to advance the expenses of repatriation (Part III of the report form). Please also supply any statistical information which is available in this respect (Part V).

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee refers to its General Observation for the Territories.

The Committee notes with regret that the Government's report has not been received. It must therefore repeat its previous direct request, which read as follows:

The Committee notes section 118 of the Overseas Labour Code, referred to by the Government in its report, according to which the minimum age for employment at sea is 14 years. Since the minimum age laid down in Article 2(1) of the Convention is 15 years, it asks the Government to indicate the measures taken or envisaged to bring its legislation into conformity with this provision of the Convention.

[The Government is asked to report in detail by 1 September 1995, at the latest.]

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee refers to its General Observation for the Territories.

The Committee notes with regret that the Government's report has not been received. It must therefore repeat its previous direct request, which read as follows:

The Committee notes the information supplied by the Government in its first report and in particular that, for the most part, the legislation applying in metropolitan France, except for the Maritime Labour Code, are applied to the territory. It none the less asks the Government to provide information on the following points:

Article 6(d) of the Convention. The Committee notes that the national laws or regulations do not seem to provide for a system of inspection of the qualification of such members of the catering department of the crew as are required by such laws or regulations to possess prescribed qualifications. It asks the Government to indicate the measures taken or under consideration to give full effect to this provision of the Convention.

Article 7, paragraphs 1 and 2. The Committee notes that the national laws and regulations do not provide for inspection at sea as required by the Convention, but that, according to the Government's report, in practice the master conducts such inspections with the assistance of an officer. It asks the Government to indicate the measures taken or envisaged to give full effect to this provision of the Convention. Furthermore, the Committee asks the Government to state whether the results of each such inspection are recorded, as required by the Convention.

Articles 9 and 10 and Parts III and V of the report form. Please provide information on the functioning of the inspection system, including a copy of the most recent report drawn up by the competent authority.

Articles 11, 12 and 13. Please describe the manner in which these articles are applied.

(The Government is asked to report in detail by 1 September 1995, at the latest.)

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee refers to its General Observation for the Territories.

The Committee notes the observation of the French Democratic Confederation of Labour (CFDT) transmitted by the Government and received by the Office on 20 February 1995, stating that the physical examination of seafarers on board vessels registered in the Territories is not made by a medical doctor of the merchant marine and that in most cases they are not examined at all. The Committe would be grateful if the Government would provide any information it considers useful in this regard.

The Committe notes with regret that the Government's report has not been received. It must therefore repeat its previous direct request which read as follows:

The Committee notes the information in the first report, which is the same as that for France. It would be glad if the Government would kindly include in its next report the information on the practical application of the Convention in the Territories requested in points III and V of the report form. Please also supply a copy of the texts mentioned in the report.

The Committee would also be grateful if the Government would provide the text of the Order of 9 August 1961 that sets the minimum age and physical fitness of seafarers, referred to by the Government in its 1992 report.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee refers to its General Observation for the Territories.

The Committee notes with regret that the Government's report has not been received. It must therefore repeat its previous direct request, which read as follows:

The Committee notes the first report. It requests the Government to include in its next report information on the following points:

Article 4 of the Convention. The Committee notes that the order provided for under section 122(1)(c) of the Overseas Labour Code (CTOM) has not been issued, but that the principle of proportionality set out in the Convention is applicable. It would be grateful if the Government would supply the texts of typical provisions in this respect contained in collective agreements and seafarers' articles of agreement.

Article 5. The Committee understands from the Government's statement that the method of calculation of the period of service for the purpose of determining leave entitlement is identical to that for the length of leave acquired as described in section 121(4) to (6) of the CTOM. It would be grateful if the Government would indicate any specific measure which has been taken or is envisaged in this respect. Please also indicate the conditions under which absence from work to attend an approved maritime vocational training course is counted as part of the period of service (paragraph 3 of this Article).

Article 6(a), (c) and (d). Please indicate the provisions under which public holidays, temporary authorizations for shore leave and compensatory leave are not counted in the paid holiday and any specific measure which has been envisaged in this respect.

Article 7, paragraphs 2 and 3. Please indicate whether it is ensured that the remuneration referred to in this Article is paid in advance of the holiday and how it is ensured that seafarers who leave the service or are discharged before they have taken annual leave receive this remuneration.

Article 8. The Committee hopes that the Government will supply the texts of collective agreements and model articles of agreement containing provisions on the functioning of annual leave, and that it will supply information on the authorizations in this respect issued by the competent authority with regard to the customary practices of the enterprises referred to in the report.

Article 10, paragraph 1. Please indicate the method by which the timing of the holiday is determined.

Article 12. The Committee hopes that the Government will supply the texts of the collective agreements to which it refers with regard to the possibility for the employer to recall seafarers taking annual leave, and that it will describe the manner in which effect is given to this Article, given that its application is only a matter of the employer's managerial discretion.

Point V of the report form. Please supply the available information, and particularly statistics, on the effect given in practice to the Convention.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee refers to its General Observation for the Territories.

The Committee notes with regret that the Government's report has not been received. It must therefore repeat its previous direct request, which read as follows:

The Committee notes the brief indications contained in the Government's first report. It asks the Government to indicate to what extent shipboard conditions of employment and shipboard living arrangements are covered by collective agreements or laid down by competent courts in a manner equally binding on the shipowners and the seafarers concerned, and to provide copies of such agreements, awards or decisions. It also asks the Government in its next report to provide information on the following points:

Article 2(a)(i) of the Convention. Please indicate the provisions of the legislation in force in the territory relating to hours of work on board ship.

Article 2(a)(ii) (Conventions referred to in the Appendix to Convention No. 147 but which do not apply to the territory). The Committee recalls that none of the Conventions concerning social security, i.e. Nos. 55, 56 and 130, has been declared applicable to the territory. It asks the Government to provide, in respect of French seafarers, the texts, as amended, of the Decree of 17 June 1938 and the Code of Seafarers' Retirement Pensions, referred to in the report, and to indicate for each provision of Conventions Nos. 55, 56 or 130 reproduced in the report form, in respect of both foreign and French seafarers, the corresponding provisions of the legislation in force in the territory that ensures substantial equivalence in accordance with the Convention.

Article 2(d). The Committee notes the information on the placement of seafarers provided in the first report on Convention No. 9. Please indicate the procedures for the investigation of complaints concerning the engagement of seafarers (since this is not dealt with in Decree No. 84-810) and all tripartite consultations on this matter.

Article 2(e). Please indicate how the provisions of the Vocational Training (Seafarers) Recommendation, 1970 (No. 137), are taken into account when the maritime authority exercises its supervision of ships' crews.

Article 2(f). The Committee notes the Government's statement that the organization of a labour inspection service for the territory is being examined. It trusts that the next report will contain additional information on this matter and that it will indicate in detail, as required by the report form, all current arrangements to verify that international labour Conventions and the legislation applying to the territory are observed.

Article 2(g). The Committee notes that inquiries into maritime matters are subject to secrecy under French penal law. It recalls that in the event of a serious marine casualty an official inquiry must be held, the final report of which must normally be made public. It asks the Government to provide the text of the Act of 17 December 1926, referred to in the report, together with the text declaring it applicable to the territory and the text of any other relevant legislation. Please indicate in particular the measures envisaged to ensure that final reports are made public in accordance with the Convention. Please provide the information required in the report form on the number of inquiries that have been conducted and the measures taken as a result.

Article 4. The Committee notes that Decree No. 84-810 seems to refer to complaints made by crews of ships registered in the territory. It asks the Government to indicate, also bearing in mind Article 2(f) of the Convention, to what extent ships registered in the territory are assimilated to ships registered in metropolitan France for the purposes of inspection and to provide, if applicable, information on any inspection of ships not registered in the territory which call there.

Article 5. The Committee notes that, according to section 2.4 of the Circular of 29 August 1960, the "relevant" Conventions of the IMO apply to ships registered in the territory. Please indicate the instruments in question and whether any specific arrangements have been made in this context.

Observation (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee refers to its general observation for the territories.

The Committee notes with regret that the first report that was due in 1992 has not yet been received. It hopes the Government will meet this obligation by submitting a detailed and complete first report in accordance with the report form approved by the Governing Body of the ILO.

Observation (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee refers to its general observation for the territories.

The Committee notes with regret that the first report that was due in 1992 has not yet been received. It hopes the Government will meet this obligation by submitting a detailed and complete first report in accordance with the report form approved by the Governing Body of the ILO.

Observation (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee refers to its general observation for the territories.

The Committee notes with regret that the first report that was due in 1992 has not yet been received. It hopes the Government will meet this obligation by submitting a detailed and complete first report in accordance with the report form approved by the Governing Body of the ILO.

Observation (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee refers to its general observation for the territories.

The Committee notes with regret that the first report that was due in 1992 has not yet been received. It hopes the Government will meet this obligation by submitting a detailed and complete first report in accordance with the report form approved by the Governing Body of the ILO.

Observation (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee refers to its general observation for the territories.

The Committee notes with regret that the first report that was due in 1992 has not yet been received. It hopes the Government will meet this obligation by submitting a detailed and complete first report in accordance with the report form approved by the Governing Body of the ILO.

Observation (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee refers to its general observation for the territories.

The Committee notes with regret that the first report that was due in 1992 has not yet been received. It hopes the Government will meet this obligation by submitting a detailed and complete first report in accordance with the report form approved by the Governing Body of the ILO.

Observation (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee notes with regret that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

The Committee refers to its general observation for the territories. The Committee notes with regret that the first report that was due in 1992 has not yet been received. It hopes the Government will meet this obligation by submitting a detailed and complete first report in accordance with the report form approved by the Governing Body of the ILO.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee notes with regret that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

The Committee refers to its general observation for the territories. The Committee notes with regret that the first report that was due in 1992 has not yet been received. It hopes the Government will meet this obligation by submitting a detailed and complete first report in accordance with the report form approved by the Governing Body of the ILO.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee notes with regret that the Government's report has not been received. It must therefore repeat its previous observations which read as follows:

The Committee refers to its general observation for the territories. The Committee notes with regret that the first report that was due in 1992 has not yet been received. It hopes the Government will meet this obligation by submitting a detailed and complete first report in accordance with the report form approved by the Governing Body of the ILO.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee notes with regret that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

The Committee refers to its general observation for the territories.

The Committee notes with regret that the first report that was due in 1992 has not yet been received. It hopes the Government will meet this obligation by submitting a detailed and complete first report in accordance with the report form approved by the Governing Body of the ILO.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee notes with regret that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

The Committee refers to its general observation for the territories.

The Committee notes with regret that the first report that was due in 1992 has not yet been received. It hopes the Government will meet this obligation by submitting a detailed and complete first report in accordance with the report form approved by the Governing Body of the ILO.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation on the following points:

The Commitee refers to its general observation on the territories.

The Committee notes with regret that the first report that was due in 1992 has not yet been received. It hopes the Government will meet this obligation by submitting a detailed and complete first report in accordance with the report form approved by the Governing Body of the ILO.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

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

The Committee notes that the Government's report contains no reply to its comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

1. The Government indicates that the Act of 15 February 1929 to establish an unemployment indemnity for seamen in the event of the vessel being captured, shipwrecked or declared unseaworthy has not been extended to the French overseas territories. It adds however that, in accordance with article 55 of the Constitution of the French Republic, Convention No. 8 is incorporated in the internal legislation applying to the French Southern and Antarctic Territories and that it is in the process of being published. According to the report, it can therefore be relied on in legal proceedings, in which event the judge shall have exclusive authority to interpret the notion of "loss by shipwreck" and the notion of "unemployment resulting from loss by shipwreck", and to fix the unemployment indemnity within the limit of two months' wages established in the Convention. Lastly, the report states that the Decree of 17 December 1971 established the courts of law of Saint-Denis, Réunion, as the jurisdiction for individual labour disputes arising in the French Southern and Antarctic Territories. The Committee notes this information. It none the less considers that, in order to avoid all ambiguity, appropriate legislative measures should be taken to ensure that the provisions of the Convention are fully applied in the French Southern and Antarctic Territories, as they were in France in the form of the Act of 15 February 1929 and its implementing Circular of 13 June 1931. The Committee would be grateful if the Government would indicate in its next report any measures taken in this regard, such as the extension of the above-mentioned Act of 1929 to the French Southern and Antarctic Territories.

2. The Committee has noted the communication from the National Federation of Maritime Trade Unions, dated 12 August 1992, concerning the application of certain Conventions ratified by France. It also notes from the information supplied in the report that the social partners concerned in the maritime sector have recently been invited to negotiate the procedures for the application overseas of international Conventions and labour legislation. The Committee would be grateful if the Government would report on any results of the above negotiations which relate to the application of the present Convention.

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

The Committee notes that the Government's report contains no reply to its comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

1. The Committee notes the Government's first report and particularly the fact that the Maritime Labour Code does not apply to the territory. The Committee recalls the opinion expressed in Circular No. 46-CT/T30 of 24 January 1955 that comprehensive regulations for seafarers would be the best means of resolving all the problems of seafarers' employment, and that such regulations should be based on the relevant international Conventions. The Committee would be grateful if the Government would indicate any measures taken or envisaged in this respect.

2. With regard to the provisions referred to in the report, the Committee raises the following points:

Article 3, paragraph 1, of the Convention. The Committee notes the provisions of section 32 of the Overseas Labour Code (CTOM). It notes, however, that section 34 of the Code provides that the types of agreement and the procedures for establishing them are to laid down in Orders. The Committee would be grateful if the Government would provide copies of any Orders issued under this provision.

Article 3, paragraph 6. The Committee would be grateful if the Government would indicate whether, apart from those laid down in section 32 of the CTOM, there are any formalities and guarantees concerning the conclusion of agreements in the national legislation.

Article 4. The Committee notes the provision of section 32 of the CTOM which provides that the competent authority is to approve agreements after it has ascertained that they are consistent with labour legislation. It asks the Government to provide details of the practical application of this provision, indicating in particular whether it is possible to guarantee by this procedure that the agreement does not contain any stipulation by which the parties purport to contract in advance to depart from the ordinary rules as to jurisdiction over the agreement.

Article 5. The Committee would be grateful if the Government would indicate under what provisions a document is, in accordance with this Article of the Convention, given to French or foreign seafarers, the particulars recorded and the manner in which such particulars are to be entered. It also asks the Government to confirm that the document does not contain any statement as to the quality of the seafarer's work or as to his wages. The Committee would also be grateful if the Government would provide a sample of the document given to foreign seafarers.

Article 6, paragraph 1. The Committee would be grateful if the Government would state whether agreements are ever made for a voyage in respect of seafarers employed on ships registered in the territory.

Article 6, paragraphs 2 and 3. The Committee notes the provision of section 38 of the CTOM under which, in the absence of collective agreements, the conditions and period of notice required for the rescission of agreements for an indefinite period have to be laid down by Order. It asks the Government to indicate the conditions and period of notice established (paragraph 10(c)). Furthermore, the Committee would be grateful if the Government would indicate the provision under which the various rights and obligations and other particulars specified by this Article must be stated in the agreement.

Article 7. The Committee notes the Circular of 29 August 1990 respecting the registration and commissioning of ships in the French Southern and Antarctic Territories, which determines the vessels that must carry a list of crew. However, it notes that section 34 of the CTOM referred to by the Government does not require that the agreement be recorded in or annexed to the list of crew. It asks the Government to state which legal text reproduces this requirement of the Convention.

Article 8. The Committee notes that the legislation provided by the Government does not lay down the measures whereby the seafarer's rights and obligations are made clear to him, as required by this provision of the Convention. It asks the Government to provide copies of any relevant legal texts.

Article 9, paragraph 1. The Committee notes that section 38 of the CTOM allows agreements for an indefinite period to be terminated by either party subject to notice. It asks the Government to state whether agreements may be terminated in ports where the vessel loads or unloads, the period of notice required, and whether the period of notice is established by the parties or the competent authority.

Article 9, paragraph 2. The Committee notes that section 38 of the CTOM provides that at the request of the worker concerned, his dismissal must be confirmed in writing within eight days, which would appear to indicate that notice is not given in writing in all cases, as required by the Convention. It asks the Government to take the necessary steps to ensure the national legislation is in conformity with this provision of the Convention. Furthermore, the Committee would be grateful if the Government would indicate whether the national legislation determines the manner of giving notice and, if so, to state its content.

Article 9, paragraph 3. Please provide full information on the nature of the exceptional circumstances determined by national law pursuant to this provision.

Article 10. Please indicate how the national legislation ensures that full effect is given to this provision and, in so far as use has been made of paragraph (d), please give full information on the clauses in question and provide the relevant legal texts.

Articles 11 and 12. The Committee notes that section 41 of the CTOM provides that agreements for a definite period may be terminated prematurely at the request of one of the parties only in the cases provided for in the agreement or in the event of serious misconduct which shall be determined by the competent jurisdiction. It asks the Government to indicate the manner in which effect is given to these Articles with regard to agreements for an indefinite period and to state whether the national legislation lays down circumstances other than serious misconduct in which seafarers may be dismissed or immediately discharged.

Article 13. Please indicate how the national legislation ensures that full effect is given to this Article of the Convention.

Article 14, paragraph 1. The Committee notes that sections 45 and 172 of the CTOM do not ensure that an entry is made in the document issued to the seafarer in accordance with Article 5 of the Convention, showing that he has been discharged following the rescission or termination of the agreement. It asks the Government to take the necessary measures to ensure that effect is given to this provision of the Convention and to provide particulars.

Article 14, paragraph 2. The Committee notes that sections 45 and 172 of the CTOM, referred to by the Government in connection with this Article, do not apply this provision of the Convention. However, section 51 of the CTOM provides that on the rescission of the agreement, workers may require of the employer, subject to the payment of damages, a certificate specifying only the dates on which he joined and left, and the nature and dates of the successive jobs held. It asks the Government to take the necessary measures, including amendment of the national legislation, to ensure that all seafarers, whether French or foreign, are entitled in all cases to obtain from the master a separate certificate as to the quality of their work or, failing that, a certificate indicating whether they have fully discharged their obligations under the agreement.

Article 15. The Committee notes the information supplied by the Government in its report to the effect that the organization of a labour inspection service and the preparation of social legislation for the territory provided for in section 145 of the CTOM are being examined but, owing to practical difficulties, have not yet been realized. Consequently, the only competent authority is the Chief Administrator of the Territory, who is assisted by the maritime authorities. The Committee would be grateful if the Government would indicate any developments in the establishment of the above-mentioned labour inspection services, and provide information on the methods used to ensure supervision of the application of the relevant national legislation.

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

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:

The Committee notes the information supplied by the Government in its first report and in particular that, for the most part, the legislation applying in metropolitan France, except for the Maritime Labour Code, are applied to the territory. It none the less asks the Government to provide information on the following points:

Article 6(d) of the Convention. The Committee notes that the national laws or regulations do not seem to provide for a system of inspection of the qualification of such members of the catering department of the crew as are required by such laws or regulations to possess prescribed qualifications. It asks the Government to indicate the measures taken or under consideration to give full effect to this provision of the Convention.

Article 7, paragraphs 1 and 2. The Committee notes that the national laws and regulations do not provide for inspection at sea as required by the Convention, but that, according to the Government's report, in practice the master conducts such inspections with the assistance of an officer. It asks the Government to indicate the measures taken or envisaged to give full effect to this provision of the Convention. Furthermore, the Committee asks the Government to state whether the results of each such inspection are recorded, as required by the Convention.

Articles 9 and 10 and Parts III and V of the report form. Please provide information on the functioning of the inspection system, including a copy of the most recent report drawn up by the competent authority.

Articles 11, 12 and 13. Please describe the manner in which these articles are applied.

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

Further to its general observations, the Committee notes the Government's report does not contain replies to its previous direct request. 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:

The Committee notes the brief indications contained in the Government's first report. It asks the Government to indicate to what extent shipboard conditions of employment and shipboard living arrangements are covered by collective agreements or laid down by competent courts in a manner equally binding on the shipowners and the seafarers concerned, and to provide copies of such agreements, awards or decisions. It also asks the Government in its next report to provide information on the following points:

Article 2(a)(i) of the Convention. Please indicate the provisions of the legislation in force in the territory relating to hours of work on board ship.

Article 2(a)(ii) (Conventions referred to in the Appendix to Convention No. 147 but which do not apply to the territory). The Committee recalls that none of the Conventions concerning social security, i.e. Nos. 55, 56 and 130, has been declared applicable to the territory. It asks the Government to provide, in respect of French seafarers, the texts, as amended, of the Decree of 17 June 1938 and the Code of Seafarers' Retirement Pensions, referred to in the report, and to indicate for each provision of Conventions Nos. 55, 56 or 130 reproduced in the report form, in respect of both foreign and French seafarers, the corresponding provisions of the legislation in force in the territory that ensures substantial equivalence in accordance with the Convention.

Article 2(d). The Committee notes the information on the placement of seafarers provided in the first report on Convention No. 9. Please indicate the procedures for the investigation of complaints concerning the engagement of seafarers (since this is not dealt with in Decree No. 84-810) and all tripartite consultations on this matter.

Article 2(e). Please indicate how the provisions of the Vocational Training (Seafarers) Recommendation, 1970 (No. 137), are taken into account when the maritime authority exercises its supervision of ships' crews.

Article 2(f). The Committee notes the Government's statement that the organization of a labour inspection service for the territory is being examined. It trusts that the next report will contain additional information on this matter and that it will indicate in detail, as required by the report form, all current arrangements to verify that international labour Conventions and the legislation applying to the territory are observed.

Article 2(g). The Committee notes that inquiries into maritime matters are subject to secrecy under French penal law. It recalls that in the event of a serious marine casualty an official inquiry must be held, the final report of which must normally be made public. It asks the Government to provide the text of the Act of 17 December 1926, referred to in the report, together with the text declaring it applicable to the territory and the text of any other relevant legislation. Please indicate in particular the measures envisaged to ensure that final reports are made public in accordance with the Convention. Please provide the information required in the report form on the number of inquiries that have been conducted and the measures taken as a result.

Article 4. The Committee notes that Decree No. 84-810 seems to refer to complaints made by crews of ships registered in the territory. It asks the Government to indicate, also bearing in mind Article 2(f) of the Convention, to what extent ships registered in the territory are assimilated to ships registered in metropolitan France for the purposes of inspection and to provide, if applicable, information on any inspection of ships not registered in the territory which call there.

Article 5. The Committee notes that, according to section 2.4 of the Circular of 29 August 1960, the "relevant" Conventions of the IMO apply to ships registered in the territory. Please indicate the instruments in question and whether any specific arrangements have been made in this context.

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

With reference to its general observation concerning the French Southern and Antarctic Territories, the Committee hopes that the Government will supply information on the manner in which the Convention is applied to vessels registered in the French Southern and Antarctic Territories.

[The Government is asked to report in detail for the period ending 30 June 1994.]

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

1. The Committee notes the information contained in the Government's first report following the declaration of the application of the Convention to this territory.

2. The Government indicates that the Act of 15 February 1929 to establish an unemployment indemnity for seamen in the event of the vessel being captured, shipwrecked or declared unseaworthy has not been extended to the French overseas territories. It adds however that, in accordance with article 55 of the Constitution of the French Republic, Convention No. 8 is incorporated in the internal legislation applying to the French Southern and Antarctic Territories and that it is in the process of being published. According to the report, it can therefore be relied on in legal proceedings, in which event the judge shall have exclusive authority to interpret the notion of "loss by shipwreck" and the notion of "unemployment resulting from loss by shipwreck", and to fix the unemployment indemnity within the limit of two months' wages established in the Convention. Lastly, the report states that the Decree of 17 December 1971 established the courts of law of Saint-Denis, Réunion as the jurisdiction for individual labour disputes arising in the French Southern and Antarctic Territories. The Committee notes this information. It none the less considers that, in order to avoid all ambiguity, appropriate legislative measures should be taken to ensure that the provisions of the Convention are fully applied in the French Southern and Antarctic Territories, as they were in France in the form of the Act of 15 February 1929 and its implementing Circular of 13 June 1931. The Committee would be grateful if the Government would indicate in its next report any measures taken in this regard, such as the extension of the above-mentioned Act of 1929 to the French Southern and Antarctic Territories.

3. The Committee has noted the communication from the National Federation of Maritime Trade Unions, dated 12 August 1992, concerning the application of certain Conventions ratified by France. It also notes from the information supplied in the report that the social partners concerned in the maritime sector have recently been invited to negotiate the procedures for the application overseas of international Conventions and labour legislation. The Committee would be grateful if the Government would report on any results of the above negotiations which relate to the application of the present Convention.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

Further to its general observations of 1990 and previous years, concerning the communications from the National Federation of Maritime Trade Unions (FNSM) commenting, inter alia, on the application of Convention No. 9 in the French Southern and Antarctic Territories (TAAF), the Committee notes the Government's report for the period ending 30 June 1992. It also notes the new observations made by the FNSM in August and November 1992 concerning the system for the registration of vessels in the TAAF.

The Committee notes from the Government's report that section 174 of the CTOM establishes a manpower office to be responsible for providing an employment service for the overseas territories (National Agency for the Integration and Promotion of Overseas Workers). The Government indicates that the National Agency for Employment cooperates with the Central Maritime Labour Office, in the same conditions as in metropolitan France, in placing seafarers on vessels registered in the TAAF. The Committee also notes that, on 1 October 1991, 755 seamen and officers were employed on board vessels registered in the TAAF, of whom 60 officers and 386 sailors were foreigners. It would be grateful if in its future reports the Government would continue to provide the information requested in the report form under Article 4 of the Convention on the number of requests for employment received, the number of vacant posts advertised and the number of persons placed in employment on ships registered in the TAAF, together with other information on the functioning of seafarers' placement establishments in this territory, as required by Article 10.

The Committee notes the Government's indications that there are practical difficulties in organizing a labour inspection service for this territory, and that the matter is being examined. It would be grateful if in its future reports the Government would continue to provide the information on the organization and operation of inspection services required by point III of the report form.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

See under Convention No. 73, as follows:

The Committee notes the information in the first report, which is the same as that for France. It would be glad if the Government would kindly include in its next report the information on the practical application of the Convention in the Territories requested in points III and V of the report form. Please also supply a copy of the texts mentioned in the report.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

1. The Committee notes the Government's first report and particularly the fact that the Maritime Labour Code does not apply to the territory. The Committee recalls the opinion expressed in Circular No. 46-CT/T30 of 24 January 1955 that comprehensive regulations for seafarers would be the best means of resolving all the problems of seafarers' employment, and that such regulations should be based on the relevant international Conventions. The Committee would be grateful if the Government would indicate any measures taken or envisaged in this respect.

2. With regard to the provisions referred to in the report, the Committee raises the following points:

Article 3, paragraph 1, of the Convention. The Committee notes the provisions of section 32 of the Overseas Labour Code (CTOM). It notes, however, that section 34 of the Code provides that the types of agreement and the procedures for establishing them are to be laid down in Orders. The Committee would be grateful if the Government would provide copies of any Orders issued under this provision.

Article 3, paragraph 6. The Committee would be grateful if the Government would indicate whether, apart from those laid down in section 32 of the CTOM, there are any formalities and guarantees concerning the conclusion of agreements in the national legislation.

Article 4. The Committee notes the provision of section 32 of the CTOM which provides that the competent authority is to approve agreements after it has ascertained that they are consistent with labour legislation. It asks the Government to provide details of the practical application of this provision, indicating in particular whether it is possible to guarantee by this procedure that the agreement does not contain any stipulation by which the parties purport to contract in advance to depart from the ordinary rules as to jurisdiction over the agreement.

Article 5. The Committee would be grateful if the Government would indicate under what provisions a document is, in accordance with this Article of the Convention, given to French or foreign seafarers, the particulars recorded and the manner in which such particulars are to be entered. It also asks the Government to confirm that the document does not contain any statement as to the quality of the seafarer's work or as to his wages. The Committee would also be grateful if the Government would provide a sample of the document given to foreign seafarers.

Article 6, paragraph 1. The Committee would be grateful if the Government would state whether agreements are ever made for a voyage in respect of seafarers employed on ships registered in the territory.

Article 6, paragraphs 2 and 3. The Committee notes the provision of section 38 of the CTOM under which, in the absence of collective agreements, the conditions and period of notice required for the rescission of agreements for an indefinite period have to be laid down by Order. It asks the Government to indicate the conditions and period of notice established (paragraph 10(c)). Furthermore, the Committee would be grateful if the Government would indicate the provision under which the various rights and obligations and other particulars specified by this Article must be stated in the agreement.

Article 7. The Committee notes the Circular of 29 August 1990 respecting the registration and commissioning of ships in the French Southern and Antarctic Territories, which determines the vessels that must carry a list of crew. However, it notes that section 34 of the CTOM referred to by the Government does not require that the agreement be recorded in or annexed to the list of crew. It asks the Government to state which legal text reproduces this requirement of the Convention.

Article 8. The Committee notes that the legislation provided by the Government does not lay down the measures whereby the seafarer's rights and obligations are made clear to him, as required by this provision of the Convention. It asks the Government to provide copies of any relevant legal texts.

Article 9, paragraph 1. The Committee notes that section 38 of the CTOM allows agreements for an indefinite period to be terminated by either party subject to notice. It asks the Government to state whether agreements may be terminated in ports where the vessel loads or unloads, the period of notice required, and whether the period of notice is established by the parties or the competent authority.

Article 9, paragraph 2. The Committee notes that section 38 of the CTOM provides that at the request of the worker concerned, his dismissal must be confirmed in writing within eight days, which would appear to indicate that notice is not given in writing in all cases, as required by the Convention. It asks the Government to take the necessary steps to ensure the national legislation is in conformity with this provision of the Convention. Furthermore, the Committee would be grateful if the Government would indicate whether the national legislation determines the manner of giving notice and, if so, to state its content.

Article 9, paragraph 3. Please provide full information on the nature of the exceptional circumstances determined by national law pursuant to this provision.

Article 10. Please indicate how the national legislation ensures that full effect is given to this provision and, in so far as use has been made of paragraph (d), please give full information on the clauses in question and provide the relevant legal texts.

Articles 11 and 12. The Committee notes that section 41 of the CTOM provides that agreements for a definite period may be terminated prematurely at the request of one of the parties only in the cases provided for in the agreement or in the event of serious misconduct which shall be determined by the competent jurisdiction. It asks the Government to indicate the manner in which effect is given to these Articles with regard to agreements for an indefinite period and to state whether the national legislation lays down circumstances other than serious misconduct in which seafarers may be dismissed or immediately discharged.

Article 13. Please indicate how the national legislation ensures that full effect is given to this Article of the Convention.

Article 14, paragraph 1. The Committee notes that sections 45 and 172 of the CTOM do not ensure that an entry is made in the document issued to the seafarer in accordance with Article 5 of the Convention, showing that he has been discharged following the rescission or termination of the agreement. It asks the Government to take the necessary measures to ensure that effect is given to this provision of the Convention and to provide particulars.

Article 14, paragraph 2. The Committee notes that sections 45 and 172 of the CTOM, referred to by the Government in connection with this Article, do not apply this provision of the Convention. However, section 51 of the CTOM provides that on the rescission of the agreement, workers may require of the employer, subject to the payment of damages, a certificate specifying only the dates on which he joined and left, and the nature and dates of the successive jobs held. It asks the Government to take the necessary measures, including amendment of the national legislation, to ensure that all seafarers, whether French or foreign, are entitled in all cases to obtain from the master a separate certificate as to the quality of their work or, failing that, a certificate indicating whether they have fully discharged their obligations under the agreement.

Article 15. The Committee notes the information supplied by the Government in its report to the effect that the organization of a labour inspection service and the preparation of social legislation for the territory provided for in section 145 of the CTOM are being examined but, owing to practical difficulties, have not yet been realized. Consequently, the only competent authority is the Chief Administrator of the Territory, who is assisted by the maritime authorities. The Committee would be grateful if the Government would indicate any developments in the establishment of the above-mentioned labour inspection services, and provide information on the methods used to ensure supervision of the application of the relevant national legislation.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes the Government's statement in its first report that the standards contained in the Overseas Labour Code are generally superior to those of the Convention. However, the sections referred to of the Code (namely, sections 129 to 132) do not appear to contain any provision conceived in terms of maritime labour and comparable, for example, to the sections of the Maritime Labour Code under which the Convention appears to be applied in France.

In general, the Committee recalls the opinion contained in Circular No. 46-CT/T30 of 24 January 1955, mentioned by the Government, according to which a general regulation for the overseas departments applicable to seafarers would cover more fully and more satisfactorily all the problems arising out of the employment of seafarers, and that the regulations would be inspired in particular by the relevant international Conventions. The Committee would be grateful if the Government would indicate any measure which has been taken or is envisaged to this effect. It trusts that the Government will include in its next report more detailed information on the way in which Articles 3 to 6 of the Convention are applied in practice. Please indicate the procedures by which the Convention is applied to the repatriation of seafarers, both French and foreign, for which the responsible authorities are aware of the need, if necessary, to advance the expenses of repatriation (Part III of the report form). Please also supply any statistical information which is available in this respect (Part V).

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes section 118 of the Overseas Labour Code, referred to by the Government in its report, according to which the minimum age for employment at sea is 14 years. Since the minimum age laid down in Article 2(1) of the Convention is 15 years, it asks the Government to indicate the measures taken or envisaged to bring its legislation into conformity with this provision of the Convention.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes the information supplied by the Government in its first report and in particular that, for the most part, the legislation applying in metropolitan France, except for the Maritime Labour Code, are applied to the territory. It none the less asks the Government to provide information on the following points:

Article 6(d) of the Convention. The Committee notes that the national laws or regulations do not seem to provide for a system of inspection of the qualification of such members of the catering department of the crew as are required by such laws or regulations to possess prescribed qualifications. It asks the Government to indicate the measures taken or under consideration to give full effect to this provision of the Convention.

Article 7, paragraphs 1 and 2. The Committee notes that the national laws and regulations do not provide for inspection at sea as required by the Convention, but that, according to the Government's report, in practice the master conducts such inspections with the assistance of an officer. It asks the Government to indicate the measures taken or envisaged to give full effect to this provision of the Convention. Furthermore, the Committee asks the Government to state whether the results of each such inspection are recorded, as required by the Convention.

Articles 9 and 10 and Parts III and V of the report form. Please provide information on the functioning of the inspection system, including a copy of the most recent report drawn up by the competent authority.

Articles 11, 12 and 13. Please describe the manner in which these articles are applied.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes the information in the first report, which is the same as that for France. It would be glad if the Government would kindly include in its next report the information on the practical application of the Convention in the Territories requested in points III and V of the report form. Please also supply a copy of the texts mentioned in the report.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes the first report. It requests the Government to include in its next report information on the following points:

Article 4 of the Convention. The Committee notes that the order provided for under section 122(1)(c) of the Overseas Labour Code (CTOM) has not been issued, but that the principle of proportionality set out in the Convention is applicable. It would be grateful if the Government would supply the texts of typical provisions in this respect contained in collective agreements and seafarers' articles of agreement.

Article 5. The Committee understands from the Government's statement that the method of calculation of the period of service for the purpose of determining leave entitlement is identical to that for the length of leave acquired as described in section 121(4) to (6) of the CTOM. It would be grateful if the Government would indicate any specific measure which has been taken or is envisaged in this respect. Please also indicate the conditions under which absence from work to attend an approved maritime vocational training course is counted as part of the period of service (paragraph 3 of this Article).

Article 6(a), (c) and (d). Please indicate the provisions under which public holidays, temporary authorizations for shore leave and compensatory leave are not counted in the paid holiday and any specific measure which has been envisaged in this respect.

Article 7, paragraphs 2 and 3. Please indicate whether it is ensured that the remuneration referred to in this Article is paid in advance of the holiday and how it is ensured that seafarers who leave the service or are discharged before they have taken annual leave receive this remuneration.

Article 8. The Committee hopes that the Government will supply the texts of collective agreements and model articles of agreement containing provisions on the functioning of annual leave, and that it will supply information on the authorizations in this respect issued by the competent authority with regard to the customary practices of the enterprises referred to in the report.

Article 10, paragraph 1. Please indicate the method by which the timing of the holiday is determined.

Article 12. The Committee hopes that the Government will supply the texts of the collective agreements to which it refers with regard to the possibility for the employer to recall seafarers taking annual leave, and that it will describe the manner in which effect is given to this Article, given that its application is only a matter of the employer's managerial discretion.

Point V of the report form. Please supply the available information, and particularly statistics, on the effect given in practice to the Convention.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes the brief indications contained in the Government's first report. It asks the Government to indicate to what extent shipboard conditions of employment and shipboard living arrangements are covered by collective agreements or laid down by competent courts in a manner equally binding on the shipowners and the seafarers concerned, and to provide copies of such agreements, awards or decisions. It also asks the Government in its next report to provide information on the following points:

Article 2(a)(i) of the Convention. Please indicate the provisions of the legislation in force in the territory relating to hours of work on board ship.

Article 2(a)(ii) (Conventions referred to in the Appendix to Convention No. 147 but which do not apply to the territory). The Committee recalls that none of the Conventions concerning social security, i.e. Nos. 55, 56 and 130, has been declared applicable to the Territory. It asks the Government to provide, in respect of French seafarers, the texts, as amended, of the Decree of 17 June 1938 and the Code of Seafarers' Retirement Pensions, referred to in the report, and to indicate for each provision of Conventions Nos. 55, 56 or 130 reproduced in the report form, in respect of both foreign and French seafarers, the corresponding provisions of the legislation in force in the Territory that ensures substantial equivalence in accordance with the Convention.

Article 2(d). The Committee notes the information on the placement of seafarers provided in the first report on Convention No. 9. Please indicate the procedures for the investigation of complaints concerning the engagement of seafarers (since this is not dealt with in Decree No. 84-810) and all tripartite consultations on this matter.

Article 2(e). Please indicate how the provisions of the Vocational Training (Seafarers) Recommendation, 1970 (No. 137), are taken into account when the maritime authority exercises its supervision of ships' crews.

Article 2(f). The Committee notes the Government's statement that the organization of a labour inspection service for the territory is being examined. It trusts that the next report will contain additional information on this matter and that it will indicate in detail, as required by the report form, all current arrangements to verify that international labour Conventions and the legislation applying to the Territory are observed.

Article 2(g). The Committee notes that inquiries into maritime matters are subject to secrecy under French penal law. It recalls that in the event of a serious marine casualty an official inquiry must be held, the final report of which must normally be made public. It asks the Government to provide the text of the Act of 17 December 1926, referred to in the report, together with the text declaring it applicable to the Territory and the text of any other relevant legislation. Please indicate in particular the measures envisaged to ensure that final reports are made public in accordance with the Convention. Please provide the information required in the report form on the number of inquiries that have been conducted and the measures taken as a result.

Article 4. The Committee notes that Decree No. 84-810 seems to refer to complaints made by crews of ships registered in the Territory. It asks the Government to indicate, also bearing in mind Article 2(f) of the Convention, to what extent ships registered in the Territory are assimilated to ships registered in metropolitan France for the purposes of inspection and to provide, if applicable, information on any inspection of ships not registered in the Territory which call there.

Article 5. The Committee notes that, according to section 2.4 of the Circular of 29 August 1960, the "relevant" Conventions of the IMO apply to ships registered in the Territory. Please indicate the instruments in question and whether any specific arrangements have been made in this context.

Observation (CEACR) - adopted 1993, published 80th ILC session (1993)

Referring to its general observation concerning the French Southern and Antarctic Territories, the Committee hopes that the Government will supply information on the manner in which the Convention is applied to ships registered in these territories.

[The Government is asked to report in detail for the period ending 30 June 1993.]