Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comment

The Committee notes the reports provided by the Government on the application of Conventions Nos 113, 114, 125 and 126 respecting the fishing sector. In order to provide an overview of matters arising in relation to the application of these Conventions, the Committee considers it appropriate to examine them in a single comment, as follows.

Medical Examination (Fishermen) Convention, 1959 (No. 113) Fishermen ’ s Articles of Agreement Convention, 1959 (No. 114) Accommodation of Crews (Fishermen) Convention, 1966 (No. 126)

The Committee notes the Government’s indication that the national legislation implementing Conventions Nos 113, 114 and 126 has been amended with a view to the transposition of Council Directive (EU) 2017/159 of 19 December 2016 implementing the Agreement concerning the implementation of the Work in Fishing Convention, 2007 of the International Labour Organisation. The Government adds that the procedure for the ratification of Convention No. 188 is still under way. The Committee takes note of this information.

Fishermen ’ s Competency Certificates Convention, 1966 (No. 125)

Articles 6 to 9 of the Convention. Minimum age and minimum experience required. In reply to its previous comment, the Government refers to the Act of 12 June 2020 on work in fishing, and the two royal orders implementing Council Directive (EU) 2017/159 of 19 December 2016 implementing the Agreement concerning the implementation of the ILO Work in Fishing Convention, 2007 of the International Labour Organisation. The Committee takes note of this information.

Article 15. Penalties. The Committee notes the Act of 25 December 2016 establishing administrative fines applicable in the event of offences under maritime laws, which has been provided by the Government. The Committee notes that the Act does not provide for penalties applicable to persons obtaining by fraud or forged documents an engagement to perform duties requiring certification without holding the requisite certificate. The Committee therefore requests the Government to indicate the national provisions that have been adopted or are envisaged to give effect to Article 15 of the Convention.

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

Articles 6, 7, 8 and 9 of the Convention. Minimum age and minimum experience required. In its previous comment, the Committee requested the Government to take the necessary measures to bring the regulations into conformity with the requirements of the Convention in relation to the minimum age and minimum experience required to obtain the certificate of competency of a skipper, a mate and an engineer. In reply, the Government indicates in its report that the Royal Order of 13 November 2009 respecting certificates of competency for maritime fishing gives effect to the International Convention on Standards of Training, Certification and Watchkeeping for Fishing Vessel Personnel (STCW-F), adopted in 1995. The Committee notes the Government’s indication that the necessary adjustments will be made at the same time as those intended for the transposition of the provisions of the Work in Fishing Convention, 2007 (No. 188), which have already been commenced with a view to its ratification. The Committee also notes Council Directive (EU) 2017/159 of 19 December 2016 implementing the Agreement concerning the implementation of the Work in Fishing Convention, 2007 of the International Labour Organisation, concluded on 21 May 2012 between the General Confederation of Agricultural Cooperatives in the European Union (COGECA), the European Transport Workers’ Federation (ETF) and the Association of National Organisations of Fishing Enterprises in the European Union (Europêche). Article 4(1) of the Directive provides that Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 15 November 2019. The Committee requests the Government to provide information on any new laws or regulations related to the Convention adopted in the context of the implementation of the abovementioned Directive.

Article 15. Penalties. In its previous comment, the Committee requested the Government to indicate whether legal provisions determine the penalties applicable to persons obtaining by fraud or forged documents an engagement to perform duties requiring certification without holding the requisite certificate, as required by Article 15(2)(b) of the Convention. In reply the Government indicated that a bill was before Parliament establishing administrative penalties. The Committee notes that an Act establishing administrative fines applicable in the event of violations of the laws on navigation entered into force on 1 January 2017. The Committee therefore requests the Government to provide a copy of this Act and to indicate the provisions adopted in this regard.

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

Article 6 of the Convention. Minimum age. The Committee notes the adoption of the Royal Order of 13 November 2009 on competency certificates for maritime fishing navigation. It notes that, under the terms of Rules 2, 4 and 5 of Annex I of the Royal Order, the minimum age to obtain the competency certificates for a mate and an engineer is set at 18 years. It also understands that, under the terms of Rules 1 and 3 of the Annex, the minimum age required to obtain a certificate of competency for a skipper is 19 years. The Committee recalls that Article 6 of the Convention establishes a minimum age of 20 years for the issue of a certificate of competency for a skipper, 19 years in the case of a mate and 20 years in the case of an engineer. The Committee also observes that the Royal Order of 12 June 1996 on the certificates and declarations of service required for maritime fishing navigation, which was applicable previously, established the minimum age for the issue of a certificate of competency for a skipper at 21 years and was therefore in conformity with the Convention on that point. The Committee hopes that the Government will take the necessary measures rapidly with a view to bringing its regulations into harmony with the requirements of the Convention in this respect and requests it to keep the Office informed of any further developments in this regard.

Articles 7, 8 and 9. Minimum experience required. The Committee notes that Rules 2 and 4 of Annex I to the Royal Order of 13 November 2009 establish at 24 months of deck duties the minimum experience required for the issue of a mate’s certificate of competency, while Article 7 of the Convention requires a minimum experience of three years’ sea service engaged in deck duties. It notes that under Rules 1 and 3 of the Annex, to obtain a skipper’s certificate of competency, it is necessary to meet the conditions required for the issue of a mate’s certificate of competency (and therefore to have acquired experience of at least 24 months in deck duties) and to have completed sea service of no less than 12 months as a mate (or as a skipper for the skipper’s certificate for unlimited waters). The Committee concludes that the minimum experience required for the issue of the skipper’s certificate of competency is 36 months, while Article 8 of the Convention provides that the minimum professional experience prescribed by national laws or regulations for the issue of a skipper’s certificate of competency shall not be less than four years’ sea service engaged in deck duties. Finally, with regard to engineers’ certificates of competency, the Committee notes that, in accordance with Rule 5 of the Annex, the minimum experience required is six months’ sea service for the engineer’s certificate 221 kW, 12 months’ service in the engine room for the engineer’s certificate 750 kW, and 12 months’ service in the engine room of a fishing vessel with a propulsion power above 750 kW for the engineer’s competency certificate for unlimited propulsion power. With regard to the latter two categories of certificates, the Committee recalls that Article 9(1) of the Convention requires professional experience of not less than three years’ sea service in the engine room. The Committee requests the Government to take the necessary measures to amend the respective provisions of its regulations so as to ensure full conformity with this Article of the Convention and to keep the Office informed of any progress achieved in that respect.

Article 15. Penalties. The Committee notes that section 179 of the Act of 6 June 2010 issuing the Social Penal Code establishes penalties against shipowners who, in violation of the applicable legislation, employ as a member of the crew under maritime fishing articles of agreement fishers who have not been approved, and that the requirements for approval determined by the Royal Order of 17 February 2005 include the issue of the required competency certificates for sea service. The Committee requests the Government to indicate whether other legal provisions determine the penalties applicable to persons obtaining by fraud or forged documents an engagement to perform duties requiring certification without holding the requisite certificate.

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

Article 13(1) of the Convention. Sickbay. The Committee observes that, under the terms of section 13(1) of Annex XIX of the Royal Order of 20 July 1973 issuing the Maritime Inspection Regulations (RIM) respecting crew accommodation, as amended by the Royal Order of 7 January 1998 respecting medical assistance on board ship, vessels of over 500 gross tonnes in which the crew is composed of 15 or more workers engaged on a voyage of over three days, shall have a bay for the provision of medical care. The Committee however recalls that, in accordance with Article 13(1) of the Convention, a sickbay shall be provided on all fishing vessels of 500 tonnes or over, irrespective of the numbers of crew members. The Committee therefore hopes that the Government will take measures to amend the legislation in relation to the types of fishing vessels on which a sickbay shall be provided, so as to give full effect to this provision of the Convention. The Committee also once again requests the Government to indicate whether variations, as envisaged in section 1(4) of Annex XIV above, have been allowed up to now and, if so, to provide the available information on this subject.

Finally, the Committee takes this occasion to recall that most of the provisions of the Convention have been incorporated into the Work in Fishing Convention, 2007 (No. 188), which comprehensively revises most of the ILO instruments on fishing. In particular, Articles 25 to 28 of Annex III of Convention No. 188 are based on the provisions of Convention No. 126, which they further develop. The Committee invites the Government to envisage favourably the possibility of ratifying Convention No. 188 and to keep the Office informed of any decision that may be taken in that respect.

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

Articles 3 and 4 of the Convention. Nature of medical examinations. Validity of medical certificate. The Committee notes the Government’s reference to the Royal Order of 24 May 2006 on certificates of competency of seafarers, which revises the provisions on medical examination contained in the Royal Order of 20 July 1973 issuing the regulations on maritime inspection (RIM). It notes, in particular, that section 102 of the Royal Order of 1973 has been amended and now provides that if the period of validity of a medical certificate expires in the course of a voyage the certificate will continue in force until the end of that voyage. The Committee also notes the Government’s reference to the Royal Order of 13 November 2009 on fishers’ certificates of competency which introduces a system of supervision and control of fishers’ medical certificates.

Part V of the report form. Application in practice. The Committee notes the information provided by the Government concerning the number of fishers employed on board Belgian fishing vessels and the number of irregularities observed from October 2010 to May 2011 with regard to fishers’ certificates of competency and medical certificates. The Committee requests the Government to continue providing up-to-date information concerning the application of the Convention in practice. The Committee would also appreciate receiving a copy of the standard medical certificate form currently in use.

Finally, the Committee wishes to draw the Government’s attention to the Work in Fishing Convention, 2007 (No. 188), which revises in an integrated manner most of the existing ILO fishing instruments. In particular, Articles 10 to 12 of Convention No. 188 essentially reproduce the provisions of the present Convention while affording greater flexibility in respect of vessels which are less than 24 metres in length and do not normally remain at sea for more than three days. The Committee invites the Government to give favourable consideration to the ratification of Convention No. 188 and to keep the Office informed of any decision taken in this regard.

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

Article 3(1) and (4) of the Convention. Examination of the articles of agreement before they are signed. With reference to its previous comment, the Committee notes the Government’s indication that the Act of 3 May 2003 does not precisely set out the possibility for the fisher and, as the case may, his advisor to examine the articles of agreement before they are signed. However, the Government indicates that this possibility is derived from the general theory of obligations according to which, during the pre-contract phase, the parties have to benefit from an adequate reflection period to examine the draft agreement. In this respect, the Committee recalls that the Convention requires national law to ensure that the fisher has understood the agreement, and benefits from facilities to examine the articles of agreement before they are signed. The Committee therefore hopes that, when the opportunity arises, that Government will take the necessary measures to give full effect to these provisions of the Convention. The Committee recalls in this respect that the same provisions have been included in Articles 16 and 17(a) of the Work in Fishing Convention, 2007 (No. 188), which refer to a work agreement that is comprehensible to fishers and require the adoption of laws, regulations or other measures regarding procedures for ensuring that a fisher has an opportunity to review and seek advice on the terms of the work agreement before it is concluded.

Part V of the report form. Application in practice. The Committee requests the Government to provide information on the application of the Convention in practice including, for instance, extracts from the reports of the inspection and registration services and statistical data on the number of fishers signed on each year and, where appropriate, the number and nature of the contraventions reported.

Finally, the Committee draws the Government’s attention to the Work in Fishing Convention, 2007 (No. 188), which revises in an integrated manner most of the existing ILO instruments on fishing. In particular, Articles 16 to 20 and Annex II of Convention No. 188 are based on and extend the provisions of Convention No. 114. The Committee invites the Government to give favourable consideration to the ratification of Convention No. 188 and to keep the Office informed of any decision taken in this regard.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes with interest the adoption of the Act of 3 May 2003 issuing regulations for maritime labour contracts for maritime fishing and improving the social status of the fisher, and the Royal Order of 23 October 2001, establishing a harmonized regime for the safety of fishing vessels and amending the Royal Order of 20 July 1973, issuing regulations on maritime inspection. The Committee would like to receive further information on the following points.

Article 3, paragraph 1, of the Convention. Consultation with fishing-boat owners’ and fishers’ organizations. The Committee notes that sections 8 and 9 of Annex XX of the Royal Order of 20 July 1973, issuing the regulations on maritime inspection (RIM), which contains detailed provisions on medical examinations leading to a certificate of general fitness or a certificate of specific fitness, have been amended by the abovementioned Royal Order of 23 October 2001. The Committee recalls that, pursuant to Article 3, paragraph 1, of the Convention, the competent authority shall consult the fishing-boat owners’ and fishers’ organizations before determining the nature of the medical examination to be made and the particulars to be included in the medical certificate. The Committee asks the Government to indicate whether such consultations were held prior to the adoption of the Royal Order of 23 October 2001.

Article 3, paragraph 2. Taking into account the age of the fisher. The Committee notes that, contrary to the provisions previously applicable, sections 8 and 9 of Annex XX of the RIM, as amended, make no distinction on the basis of age with regard to physical requirements. The Committee asks the Government to indicate the manner in which the age of the fisher concerned is taken into account when prescribing the nature of the compulsory medical examination, as required by this provision of the Convention.

Article 4, paragraph 3. Expiry of the period of validity of the certificate. The Committee notes that, pursuant to section 7 of Annex XX of the RIM, the certificate of general fitness is valid for 24 months for fishers aged 21 years and older, and 12 months for those aged below 21 years. The Committee asks the Government to indicate whether, if the period of validity of a certificate expires in the course of a voyage, the certificate continues in force until the end of that voyage.

Part V of the report form. The Committee asks the Government to give a general appreciation of the manner in which the Convention is applied in practice, including, in particular, extracts from the reports of the inspection services containing information on the number and nature of the contraventions reported, and statistical data on the number of fishers covered by the abovementioned legislation.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes with interest the adoption of the Act of 3 May 2003 issuing regulations on articles of agreement for maritime fishing and improving the labour conditions of fishers, and the Royal Order of 17 February 2005 implementing the Act. It would be grateful to be provided with additional information on the following points.

Article 1, paragraph 3, of the Convention. Collective agreements. The Committee requests the Government to indicate whether collective agreements are applicable in the maritime fishing sector and, if so, to provide copies.

Article 3, paragraph 1. Examination of articles of agreement before they are signed. The Committee notes that, by virtue of section 7(2) of the Act of 3 May 2003 referred to above, articles of agreement may only be concluded by the fisher, who has to sign the articles in person. However, it notes that the Act does not contain any provision establishing the possibility for the fisher, or his/her representative, to examine the articles of agreement before they are signed. The Committee requests the Government to indicate the measures adopted to allow such examination, in accordance with this provision of the Convention.

Article 3, paragraph 2. Conditions under which the fisher shall sign the agreement. The Committee notes that section 13 of the Act of 5 June 1928, issuing regulations respecting maritime articles of agreement, provides that the articles of agreement shall be approved by the maritime commissioner and attached to the crew list. However, it notes that, by virtue of section 70 of the Act of 3 May 2003, the Act of 5 June 1928 is repealed in so far as it relates to articles of agreement for maritime fishing. The Committee requests the Government to indicate whether section 13 of the Act of 5 June 1928, which forms part of Chapter III on the engagement of seafarers and does not therefore, strictly speaking, address articles of agreement for maritime fishing, is still applicable.

Article 4. Competent jurisdiction. The Committee requests the Government to indicate the jurisdictions that are competent in relation to disputes concerning the articles of agreement of fishers.

Article 6, paragraph 1. Duration of articles of agreement. The Committee notes that section 8(1) of the Act of 3 May 2003 only provides for the conclusion of articles of agreement for the duration of a seagoing voyage, with such articles being renewable. It requests the Government to indicate whether measures are also envisaged to allow the conclusion of articles of agreement for maritime fishing for a definite period, or even for an indefinite period.

Article 6, paragraph 3. Particulars to be contained in the articles of agreement. The Committee requests the Government to indicate whether national laws or regulations provide that the date of birth or age of the fisher and his/her birthplace shall be contained in the articles of agreement, as required by the Convention. The Government is also requested to indicate whether the articles of agreement have to indicate the scale of provisions to be supplied to the fisher, or whether some alternative system is provided for by national law. With regard to remuneration, the Committee notes that, under the terms of section 30 of the Act of 3 May 2003, the wage of the fisher cannot be lower than the amount obtained by multiplying the guaranteed daily minimum wage by the number of days of the voyage at sea. It also notes that the guaranteed daily minimum wage shall be determined by a collective labour agreement made binding by the King. The Committee requests the Government to indicate whether this collective agreement has been concluded and, if so, to provide a copy.

Part V of the report form. The Committee requests the Government to provide information on the application of the Convention in practice including, for instance, extracts from the reports of the inspection and registration services and statistical information concerning the average number of seafarers signed on each year, and the number and nature of the contraventions reported.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes that the Government’s report refers to the adoption of the Royal Order of 12 June 1996 on the certificates and declarations of service required for maritime fishing navigation and the Royal Order of 12 June 1996 amending the Royal Order of 20 July 1973 issuing regulations on maritime inspection (RIM). The Committee would like to receive further information on the following points.

Article 1 of the Convention. Scope of application. The Committee notes that section 1(3) of the Royal Order of 12 June 1996 on the certificates and declarations of service required for maritime fishing navigation refers to the definition of “fishing vessel” found in section 1 of the RIM. The Committee asks the Government to communicate a copy of the latter provision as it currently stands.

Article 3. Definitions. The Committee asks the Government to communicate a copy of the legal provisions which contain a definition of the terms “skipper” and “engineer”.

Article 5, paragraph 3. Obligation to carry a certificated engineer. The Committee notes that, under the new section 94, paragraph 5, of the RIM, vessels with an engine power not exceeding 221 kW are required to carry at least one crew member holding an engineer’s certificate for inshore fishing. Moreover, paragraph 6(a) of this provision provides that vessels with an engine power between 221 and 775 kW are required to carry an engineer holding, at the very least, an engineer’s certificate for an engine of 750 kW, if the engine can be controlled from the bridge. Lastly, paragraph 6(b) provides that vessels with an engine power exceeding 750 kW are required to carry one extra engineer and one extra seafarer if the engine can be controlled from the bridge. The Committee asks the Government to indicate whether fishing-vessel owners’ and fishers’ organizations were consulted prior to the establishment of the levels, in terms of engine power, above which fishing vessels are required to carry a certificated engineer, as envisaged in the Convention.

Article 5, paragraph 5. Granting of derogations. The Committee asks the Government to indicate whether the competent national authority may, in individual cases, permit a fishing vessel to put to sea without the full complement of certificated personnel if it is satisfied that no suitable substitutes are available and that, having regard to all the circumstances of the case, it is safe to allow the vessel to put to sea. If so, the Government is requested to communicate a copy of the text that allows such authorization to be issued and to provide information on authorization that has been issued on this basis.

Article 6, paragraph 1. Minimum age. The Committee notes that, under section 7, paragraph 1(1), and section 7, paragraph 2(1), of the Royal Order of 12 June 1996 on the certificates and declarations of service required for maritime fishing navigation (hereafter referred to as the Royal Order of 12 June 1996), the minimum age for obtaining a mate’s certificate is 18 years, whereas the Convention stipulates a minimum age of 19 years. The Committee also notes that, in accordance with section 7, paragraph 6(1), section 7, paragraph 7(1), and section 7, paragraph 8(1), of this Royal Order, the minimum age for obtaining an engineer’s certificate is 18 years, whereas the Convention sets a minimum age of 20 years for the issue of such a certificate. The Committee hopes the Government will take the necessary steps to raise the minimum age required for the issue of mates’ and engineers’ certificates, so as to bring these provisions into line with the Convention.

Article 7. Minimum professional experience required for the issue of a mate’s certificate. The Committee notes that, under section 7, paragraph 1(3), and section 7, paragraph 2(3), of the Royal Order of 12 June 1996, the experience required for the issue of a mate’s certificate is 24 months’ sea service engaged in deck duties, whereas the Convention envisages a minimum experience of three years’ sea service engaged in deck duties. The Committee hopes the Government will take the necessary steps to bring its legislation into line with the provisions of the Convention in this regard.

Article 8, paragraph 1. Minimum professional experience required for the issue of a skipper’s certificate. The Committee notes that, under section 7, paragraph 3(3), of the Royal Order of 12 June 1996, 24 months’ sea service engaged in deck duties is required for the issue of a skipper’s certificate for inshore fishing. Moreover, section 7, paragraph 4(3), requires 12 months’ sea service engaged in deck duties as a certificated mate in inshore fishing to become an inshore fishing skipper; in other words 36 months of deck duties experience (12 months as a certificated mate and the 24 months required for the issue of a mate’s certificate). Lastly, section 7, paragraph 5(3), provides that, in order to obtain a skipper’s certificate for deep-sea fishing, 12 months’ sea service engaged in deck duties as a certificated mate in deep-sea fishing is required, hence 36 months of deck experience in total (12 months as a certificated mate and the 24 months required for the issue of a mate’s certificate). The Committee draws the Government’s attention to the fact that, pursuant to Article 8, paragraph 1, of the Convention, the minimum professional experience prescribed by national laws or regulations for the issue of a skipper’s certificate of competency shall not be less than four years’ sea service engaged in deck duties. The Committee hopes the Government will take the necessary steps to amend its legislation so as to bring its requirements relating to professional experience for the issue of a skipper’s certificate into line with those set forth in the Convention.

Article 9, paragraph 1. Minimum professional experience required for the issue of an engineer’s certificate. The Committee notes that section 7, paragraph 8(2), of the Royal Order of 12 June 1996 provides that the minimum amount of experience required for the issue of an engineer’s certificate for fishing shall be 12 months’ sea service in the engine room as a certificated 750 kW engineer (the issue of the 750 kW certificated engineer’s certificate in itself requires 12 months of experience under section 7, paragraph 7(2), of this Royal Order) or 24 months as a trainee engineer. The Committee emphasizes, however, that pursuant to Article 9, paragraph 1, of the Convention, the minimum professional experience prescribed by national laws or regulations for the issue of an engineer’s certificate of competency shall not be less than three years’ sea service in the engine room. The Committee therefore hopes the Government will take the necessary steps to bring its legislation into line with the Convention in respect of the professional experience required for the issue of an engineer’s certificate.

Article 11(b). Knowledge required to obtain an engineer’s certificate. The Committee notes that Annex VI of the Royal Order of 12 June 1996 sets forth the types of knowledge required to obtain an engineer’s certificate for inshore fishing. It also notes, however, that these requirements seem very cursory, unlike the requirements for obtaining a junior engineer’s certificate or a 750 kW engineer’s certificate, which are listed in Annex VII of the same Royal Order. The Committee draws the Government’s attention to the fact that Article 11(b) of the Convention contains a far more substantial list of minimum knowledge requirements for obtaining an engineer’s certificate. The Committee therefore requests the Government to indicate whether any other legislative or regulatory provisions set forth in greater detail the minimum knowledge that a candidate is required to show to obtain an engineer’s certificate for inshore fishing and, if so, to provide a copy thereof.

Article 14 and Part V of the report form. Inspection and enforcement in practice. The Committee requests the Government to provide information on the inspection system which ensures the enforcement of national laws or regulations giving effect to the provisions of this Convention. The Government is requested, in particular, to indicate the cases in which the national authorities may detain vessels registered in its territory on account of a breach of these laws or regulations. The Committee asks the Government to give a general indication of the manner in which the Convention is applied in practice by providing, for example, extracts from inspection service reports, information on the number of different competency certificates issued on average each year, and information on the number and nature of reported infringements and the measures taken as a result.

Article 15. Penalties. The Committee asks the Government to communicate information on the penalties or disciplinary measures prescribed for cases in which the national laws and regulations giving effect to the Convention are not respected.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

Article 1, paragraph 7, of the Convention. Exceptions. The Committee notes that section 1(4) of Annex XIV to the Royal Decree of 20 July 1973, issuing the Maritime Inspection Regulations (RIM), as amended in 1998, still allows the prescriptions of the abovementioned annex to be varied for any vessel if the competent authority is satisfied, after consultation with the fishing vessel owners’ and fishers’ organizations, that the variations to be made provide corresponding advantages as a result of which the overall conditions are no less favourable than those that would result from the full application of the prescriptions of the annex. The Committee notes in this connection that the Government has provided no information on the application of this provision since 1993. It therefore asks the Government to indicate whether any such variations have been allowed and, if so, to provide relevant information on them.

Article 13. Sick bay and medicine chest. The Committee notes with interest the Royal Order of 7 January 1998 on medical treatment on board vessels, which transposes Council Directive No. 92/29/EEC of 31 March 1992. It notes in particular that all vessels must at all times have medical supplies on board (section 2(1) of the Royal Order); that any vessel with 100 or more persons on board embarking on an international trip of more than three days must have a doctor on board; and that any vessel with 300 or more persons on board embarking on an international trip of more than three days must also have a nurse on board (section 2(5) of the Royal Order).

The Committee further notes that the Royal Order of 7 January 1998 amends Annex XIV of the RIM covering prescriptions for the accommodation of crews. In this connection, it notes that the amended version of Annex XIV drops the requirement for fishing vessels of 45 metres or more in length to have a sick bay (former section 13(1)(2) of Annex XIV). The new version of section 13(1) of Annex XIV requires all vessels covered by the Royal Order of 7 January 1998 of over 500 gross registered tons, having a crew of 15 or more and embarking on a trip of more than three days to have an area in which medical care can be administered. The Committee nonetheless draws the Government’s attention to the fact that, under Article 13, paragraph 1, of the Convention, there must be a sick bay on vessels of 500 tons or over, and that this requirement is not contingent upon a minimum crew size. Furthermore, ccording to Article 1, paragraph 6(e), of the Convention, Article 13, paragraph 1, setting out requirements regarding a sick bay, does not apply to vessels that normally remain away from their home ports for periods of less than 36 hours and in which the crew does not live permanently on board when in port. This Article does not, therefore, allow any exemption from the sick bay rule in the case of fishing vessels undertaking trips of at least 36 hours but less than three days, as does the new legislation. The Committee trusts that the Government will promptly take the necessary measures to ensure that full effect is given to the Convention in this matter.

Part V of the report form. The Committee requests the Government to provide general information on the application of the Convention in practice including, for instance, extracts from reports of the inspection services containing information on the number and nature of the infringements reported.

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

Article 6, paragraph 1(b), of the Convention. Further to its previous comments the Committee notes from the Government's most recent report that the candidates to exercise the duties of mate on board all fishing vessels should not only meet all the requirements provided for in section 15 of the Royal Order of 21 May 1958 concerning certificates of competency in merchant shipping, maritime fishing and pleasure craft, but also those of section 1 of the Law of 29 June 1983 regarding school obligations: meeting the requirement of part-time schooling. The fishing skipper candidate, having met all the requirements for the exercise of the duties of mate on board all fishing vessels, would, in practice, be older than 19 years old. The Committee recalls that this Article of the Convention requires the minimum age for the issue of a certificate of competency in the case of a mate to be prescribed by national laws or regulations and hopes that the necessary measures will be taken in due course in this respect.

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

Article 1, paragraph 7, of the Convention. The Committee recalls the provisions of section 1, paragraph 4, of Annex XIV of the Royal Order of 20 July 1973 which empower the competent authority in certain conditions to exempt any vessel from the full application of any of the requirements set out in the Annex. A similar provision is also included in section 4, paragraph 2, of the Act of 5 June 1972. The Committee would be grateful if the Government would indicate whether any such exemptions have been granted and, if so, communicate particulars of such variations, in accordance with the provisions of the Convention.

Direct Request (CEACR) - adopted 1988, published 75th ILC session (1988)

The Committee has noted the information provided in the Government's most recent report, and especially the adoption of the Royal Orders of 10 January 1986 and 4 September 1986, amending the Royal Order of 21 May 1958 respecting certificates of competency in merchant shipping, maritime fishing and pleasure craft.

Article 6, paragraph 1(b), of the Convention. In its previous comment, the Committee noted that under the amended section 15 of the Royal Order of 21 May 1958, the certificate of fishing skipper candidate creates the right to exercise the duties of mate on board all fishing vessels if the person has reached the age of 18 years and has fulfilled certain sea service requirements. The Committee pointed out that the minimum age prescribed by national law for the issuance of a certificate of competency may not be less than 19 years in the case of a mate. It requested the Government to indicate any measures it envisages to bring the legislation into conformity with this provision of the Convention.

Since the new Orders referred to appear to repeat the previous provision in this respect, the Committee expresses the hope that the Government will indicate in its next report the measures taken or contemplated.