Direct Request (CEACR) - adopted 2025, published 114th ILC session (2026)

Article 5. Periodical inspection of crew accommodation of fishing vessels. In reply to it previous comments, the Committee notes that Government’s indication that consideration of complaints of citizens, including fishermen and the recognized organization of fishermen is ensured and implemented in sections 2, 5, 6, 9, 15 of the Federal Law No. 59-FZ of 2 May 2006 on the Procedure for Consideration of Appeals of Citizens of the Russian Federation. It further notes the Government’s reference to the Federal Act No. 248-FZ of 31 July 2020 on State control (monitoring) and municipal control. The Committee observes that these texts are of a general nature. The Committee accordingly requests the Government to adopt the necessary measures to ensure full compliance with Article 5(1)(c) (inspection as a consequence of a complaint filed by a recognized fishers’ organization to the competent authority) and Article 5(2) (inspection at the discretion of the competent authority) of the Convention.

Article 6 (2) and (3). Emergency escapes from crew accommodation and watertight and gas-tight bulkheads. In reply to its previous comments, the Committee notes the Government’s references to the Technical Regulations and the EAEU Technical Regulations on fish products without providing further clarification on whether emergency escapes from all crew accommodation spaces are explicitly required, and whether direct openings from sleeping rooms into fish holds, machinery spaces, galleys, paint rooms, etc. are expressly prohibited. Consequently, the Committee requests the Government to take the necessary measures to give effect to the requirements of Article 6 (2) and (3) of the Convention.

Article 6(7), (9)–(11), (13) and (14). Steam and exhaust pipes in crew accommodation, fire prevention/retarding measures, surfaces in sleeping rooms painted in a light colour. The Committee notes that the Government’s report is silent on this issue. The Committee requests the Government to indicate the measures taken or envisaged to fully implement Article 6(7), (9)–(11), (13) and (14) of the Convention.

Article 8(2) and (3). Heating in operation at all times when practicable, prohibition of open fires. In reply to its previous comments, the Committee notes the Government’s indication that this provision of the Convention is implemented in Section II of SP 2.5.3650-20 and Appendix 1 (Table 2) by establishing hygienic standards for microclimatic parameters, including: temperature (°C), humidity, and air movement speed in various types of ship premises, including sanitary-domestic, sanitary-hygienic, and production premises, as well as the galley, under different external air temperature conditions. The Committee takes note of this information.

Article 10(1), (9),(13), (15)–(18) and (26). Sleeping rooms amidships or aft, separate room for each department, construction of berths.Noting that the Government does not provide an answer on this issue, the Committee requests it to indicate the measures adopted to ensure compliance with these requirements of the Convention.

Article 10(20), (21), (23) and (25). Sleeping rooms’ furniture. Noting that the Government does not provide a reply to its previous request, the Committee once again requests it to indicate how it ensures compliance with the requirement of clothes lockers for each occupant of the crew cabin (Article 10(20)); a table or desk with comfortable seating accommodation for each sleeping room (Article 10(21)); a drawer or equivalent space for each occupant (Article 10(23)); a mirror, small cabinets for toilet requisites, a book rack and a sufficient number of coat hooks for each sleeping room (Article 10(25)).

Article 12(7), (11) and 13(1). Sanitary facilities, soil and waste pipes, facilities for drying clothes, and sickbay. In reply to its previous comments, the Committee notes the Government’s indication that clause 2.1.19 of SP 2.5.3650-20 prohibits the passage of pipelines carrying domestic sewage and oil-containing water through galley premises. The installation of pipelines for other purposes and electrical cables is allowed within casings or enclosures without inline connections. The Committee takes note of this information.

Article 16(6). Gas used for cooking. Noting that the Government provides no reply to its previous request, the Committee requests it once again toindicate the measures taken to fully implement Article 16(6) of the Convention.

Article 17(2)–(4). Alterations to existing vessels. In reply to its previous comments, the Committee notes the Government’s indication that implementation of this provision is ensured under sections 11, 24, and 25 of Federal Law No. 52-FZ, as well as the requirements of sanitary regulations SP 2.5.3650-20. The Committee observes that while these Regulations impose obligations on fishing vessel owners, it does not contain provisions enabling the competent authority, in consultation with fishing vessel owners and fishers’ organizations, to require alterations to existing vessels to bring them into conformity with the Convention. The Committee accordingly requests the Government to indicate the measures taken to implement this requirement of the Convention.

Observation (CEACR) - adopted 2025, published 114th ILC session (2026)

The Committee notes the Government’s reports on the application of the Conventions related to fishing as well as the observations of the Federation of Independent Trade Unions of Russia (FNPR), transmitted with the Government’s report. In order to provide an overview of the issues relating to the application of these Conventions, the Committee considers it helpful to examine them in a single comment as follows.

Medical Examination (Fishermen) Convention, 1959 (No. 113)

Article 5 of the Convention. Additional medical examination by a medical referee. In reply to its previous comments, the Committee notes the Government’s indication, confirmed by the FNPR, that the procedure for re-examination by an independent medical referee is regulated by Order No. 29 of the Ministry of Health of the Russian Federation of 28 January 2021, to approve the procedure for carrying out mandatory preliminary and periodic medical examinations of workers, as provided for in paragraph 4 of article 213 of the Labour Code of the Russian Federation, the list of medical contraindications for work with harmful and/or dangerous occupational factors, and the work for which mandatory preliminary and periodic medical examinations shall be carried out, and Order No. 282n of 5 May 2016, to approve the Procedure for carrying out an expert examination of professional suitability and the form of the medical report on the suitability or unsuitability to carry out certain types of work (hereafter Order No. 282n). The Committee notes that paragraph 14 of Order No. 282n provides for the possibility of a further examination conducted in the framework of the medical care provided free of charge to citizens by the State. The Committee takes note of this information.

Accommodation of Crews (Fishermen) Convention, 1966 (No. 126)

Article 3(1) of the Convention. Laws and regulations on crew accommodation. The Committee requested the Government to adopt measures to give effect to Article 3(1), of the Convention. In its reply, the Government refers to the Federal Act No. 52-FZ of 30 March 1999 on the sanitary and epidemiological welfare of the population (hereafter, Federal Act No. 52-FZ), and on Sanitary Rules SP 2.5.3650-20 Sanitary and epidemiological requirements for certain types of transport and transport infrastructure facilities, adopted on 1 January 2021 (hereafter, SP 2.5.3650-20). The Government further indicates that Section II of SP 2.5.3650-20 sets out requirements for crew quarters on ships, including fishing vessels, covering aspects such as sanitation, hygiene, accommodation, food organization, medical care, storage, ventilation, lighting, and microclimatic conditions during both design and operation. While noting this information, the Committee recalls that Article 3(1) of the Convention requires each Member to maintain in force legislation that ensures the application of the provisions of Parts II (Planning and control of crew accommodation), III (Crew accommodation requirements) and IV (Application to existing ships). While noting that section II and paragraph 2.1.75 of SP 2.5.3650-20 establish sanitary and epidemiological requirements for accommodation on fishing vessels, these provisions aim at protecting health and hygiene standards and do not give effect to the obligations contained in Article 3(1) of the Convention. The Committee accordingly requests the Government to take the necessary measures without delay to ensure full compliance with these requirements of the Convention.

The Committee is raising other matters regarding Convention No. 126 in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee has been drawing the attention of the Government to the need to adopt legislation to give effect to a number of provisions of the Convention, as follows.

Article 3(2)(d) of the Convention. Penalties for the violation of legislation. The Committee notes the Government’s indication in its report that implementation of this provision of the Convention is provided through sections 50–57 of Federal Act No. 52-FZ of 30 March 1999 on the Sanitary and Epidemiological Welfare of the Population, with amendments and additions, and the Code of Administrative Offences, No. 195-FZ of 30 December 2001 with amendments and additions that came into force on 15 January 2016, these laws being applicable to any means of transport. The Committee recalls that Article 3(2)(d) requires that national laws or regulations enacted to ensure the application of the provisions of Parts II, III and IV of the Convention should prescribe adequate penalties for any violation thereof. While noting that Federal Act No. 52-FZ and the Code of Administrative Offences provide penalties in general terms in case of infringement, the Committee requests the Government to indicate the provisions of the aforementioned laws which prescribe, in particular, penalties for the violation of the laws and regulations giving application to the specific requirements on crew accommodation of fishing vessels provided in Parts II, III and IV of the Convention.

Article 5. Periodical inspection of crew accommodation of fishing vessels. The Committee notes the Government’s reference to an extensive number of provisions which, however, do not give full effect to this provision of the Convention. The Committee recalls that Article 5 requires inspections on crew accommodation to be carried out on board fishing vessels not only on the three occasions listed in Article 5(1), but also at the discretion of the competent authority. The Committee therefore requests the Government to indicate the measures taken or envisaged to ensure full compliance with Article 5(1)(c) (inspection as a consequence of a complaint filed by a recognized fishers’ organization to the competent authority) and Article 5(2) (inspection at the discretion of the competent authority) of the Convention.

Article 6(2). Emergency escapes from crew accommodation. The Committee notes the Government’s reference to subparagraphs 62 and 140 of section II, “Safety requirements for marine transport” of the Technical Regulations, defining requirements to be complied with for the quick and safe exit on the deck, in case of fire, of the crew and passengers as well as the requirements for the exit routes from the engine room. However, the Committee has not identified provisions requiring the emergency escapes to be provided from all crew accommodation spaces on the fishing vessels as per Article 6(2). Consequently, the Committee requests the Government to indicate the relevant provisions which give effect to Article 6(2) of the Convention.

Article 6(3). Watertight and gas-tight bulkheads. The Committee notes the Government’s reference to subparagraphs 131(e) and 131(z) of section II, “Safety requirements for marine transport” of the Technical Regulations, prescribing, respectively, technical requirements for the transverse bulkheads and living quarters to be separated from machinery spaces by gas-tight bulkheads, and from the holds – by water and gas-tight bulkheads, as well as to have a direct access from the deck to the living quarters. The Committee recalls the provisions of Article 6(3) of the Convention, according to which every effort shall be made to exclude direct openings into sleeping rooms from fish holds and fishmeal rooms, from spaces for machinery, from galleys, lamp and paint rooms or from engine, deck and other bulk storerooms, drying rooms, communal wash places or water closets. That part of the bulkhead separating such places from sleeping rooms and external bulkheads shall be efficiently constructed of steel or other approved substance and shall be watertight and gas-tight. Accordingly, the Committee requests the Government to clarify whether the provisions in subparagraphs 131(e) and 131(z) of section II, “Safety requirements for marine transport” of the Technical Regulations exclude direct openings into sleeping rooms from fish holds and fishmeal rooms, galleys, lamp and paint rooms or from engine, deck and other bulk storerooms, drying rooms, communal wash places or water closets, in conformity with Article 6(3).

Article 6(7), (9)–(11), (13) and (14). Steam and exhaust pipes in crew accommodation, fire prevention/retarding measures, surfaces in sleeping rooms painted in a light colour. The Committee notes the Government’s indication that implementation of these provisions is ensured, respectively, by subparagraph 69 of section II, “Safety requirements for marine transport” of the Technical Regulations and by section 4 of the Sanitary Regulations No. 4393-87. The Committee notes however that subparagraph 69 of the Technical Regulations does not fully implement Article 6(7) (steam and exhaust pipes should not pass through crew accommodation and if not avoidable they shall be adequately insulated and encased) and the Sanitary Regulations No. 4393-87 does not include specific reference to Article 6(9)–(11), (13) and (14) (fire prevention/retarding measures; surfaces in sleeping rooms, if painted, to be light in colour; wall surfaces shall be renewed or restored as necessary). The Committee therefore requests the Government to indicate the measures taken or envisaged to fully implement Article 6(7), (9)–(11), (13) and (14) of the Convention.

Article 8(2) and (3). Heating in operation at all times when practicable, prohibition of open fires. With regard to the implementation of the provisions of Articles 7 and 8, the Committee notes the Government’s reference to a set of laws and regulations on heating and ventilation. Noting that these regulations do not contain a reference to the requirement of keeping the heating system in operation at all times when conditions so require, nor an express prohibition of heating by means of open fires, the Committee requests the Government to indicate the specific provisions implementing these requirements of the Convention.

Article 9(5). Permanent blue light in sleeping rooms. The Committee notes the Government’s indication that the requirements of Article 9 are reflected in subparagraph 134 and others of the Technical Regulations and by section 3.6 of the Sanitary Regulations No. 4393-87; and also the norms for artificial lighting on vessels of the marine fleet, No. 2506-81, approved by the Ministry of Health of the USSR. Noting that the Sanitary Regulations contain very detailed provisions (sections 5.6 and 5.7) dedicated to the natural and artificial lighting of the rooms and spaces on board, including crews’ cabins and other living spaces, the Committee however has not identified provisions prescribing a permanent blue light in the sleeping room during the night. Consequently, the Committee requests the Government to indicate the measures taken or envisaged to implement this requirement of the Convention.

Article 10(1), and (13), (15)–(18) and (26). Sleeping rooms amidships or aft, separate room for each department, construction of berths. The Committee notes the Government’s indication that compliance with Article 10 of the Convention is ensured by implementation of the Sanitary Regulations for Sea Vessels of the Fishing Fleet of the USSR, No. 4393-87 (section III, “Requirements for construction and refitting”), which however does not fully transpose this Article of the Convention. The Committee recalls that sleeping rooms shall be situated amidships or aft (Article 10(1)), the lower berth in a double tier shall not be less than 12 inches (0.30 metre) above the floor (Article 10(13)), the framework and the lee-board shall be of approved material, hard, smooth and not likely to corrode or to harbour vermin (Article 10(15)), if tubular frames are used for the construction of berths they shall be completely sealed and without perforations (Article 10(16)), each berth shall be fitted with a spring mattress of approved material or with a spring bottom and a mattress of approved material (Article 10(17)), when one berth is placed over another a dust-proof bottom of wood, canvas or other suitable material shall be fitted beneath the upper berth (Article 10(18)), as far as practicable, berthing of crew members shall be so arranged that watches are separated and that no day-men share a room with watchkeepers (Article 10(26)). Noting that the Committee has not identified the aforementioned requirements in the Sanitary Regulations (section III, “Requirements for construction and refitting”), it requests the Government to indicate the measures taken or envisaged to fully implement these provisions of the Convention.

Article 10(9). Indication of the maximum number of persons to be accommodated in any sleeping room. The Committee further notes paragraph 2.1.3 of the Sanitary Regulations, specifying that “the doors of all rooms should be equipped with inscriptions defining the purpose of the room”. However, there seems to be no provision required to mark, legibly and indelibly, in some place of the sleeping room where it can conveniently be seen, the maximum number of persons to be accommodated (Article 10(9)). Consequently, the Committee requests the Government to indicate relevant provisions implementing the requirement of the Article 10(9).

Article 10(13). Dimension of the beds. The Committee notes paragraph 2.2.5 of the Sanitary Regulations, according to which “the dimensions of the beds, tables, chairs, clothes lockers, sofas and other ship furniture must comply with the requirements of applicable standards”. The Committee accordingly requests the Government to provide information on the applicable standards for the dimensions of the beds on the fishing vessels and to provide a copy of such standards.

Article 10(20), (21), (23) and (25). Sleeping rooms’ furniture. The Committee also notes paragraph 2.2.5 of the Sanitary Regulations, according to which “in cabins it is necessary to provide furniture and equipment according to the equipment sheet. The dimensions of the beds, tables, chairs, clothes lockers, sofas and other ship furniture must comply with the requirements of the applicable standards”. The Committee further notes paragraph 2.2.13 prescribing the minimum list of equipment facilities for duty rooms and shelters, notably foreseeing wardrobes or clothes hangers for each crew member in duty rooms. However, the Committee has not identified the requirement of minimum furniture equipment for sleeping rooms. Consequently, the Committee requests the Government to clarify if the equipment sheets, as per paragraph 2.2.5 of the Sanitary Regulations, require the clothes lockers for each occupant of the crew cabin (Article 10(20)); a table or desk with comfortable seating accommodation for each sleeping room (Article 10(21)); a drawer or equivalent space for each occupant (Article 10(23)); a mirror, small cabinets for toilet requisites, a book rack and a sufficient number of coat hooks for each sleeping room (Article 10(25)). The Committee further requests the Government to provide a copy of such document as well as to inform about the authority in charge of decision for the items to be included in the equipment sheets for the fishing vessels.

Article 12(7), (11) and 13(1). Sanitary facilities, soil and waste pipes, facilities for drying clothes, and sickbay. The Committee notes the Government’s indication that compliance with the requirements of this Article is ensured by implementation of the Sanitary Regulations No. 4393-87 (subparagraph 2.4.2). Noting that subparagraph 3.3 of the Sanitary Regulations foresees a number of requirements for the soil pipes evacuation system, the Committee has not identified, however, provisions prohibiting the soil pipes and waste pipes to pass through fresh water or drinking water tanks, neither to pass overhead in mess rooms or sleeping accommodation (Article 12(7)). Furthermore, the Committee has not identified provisions implementing the requirements of Articles 12(11) and 13(1). The Committee therefore requests the Government to indicate the relevant provisions of the applicable regulations implementing the aforementioned requirements of Article 12(7), (11) and 13(1).

Article 16(6). Gas used for cooking. The Committee notes the Government’s indication that compliance with the requirements of this Article is ensured by implementation of the Sanitary Regulations No. 4393-87 (section 2.6 and others), which however do not prescribe, where butane or propane gas is used for cooking purposes in the galley, that the gas containers shall be kept on the open deck. Therefore, the Committee requests the Government to indicate the measures taken or envisaged to fully implement Article 16(6) of the Convention.

Article 17(2)–(4). Alterations to existing vessels. The Committee notes the Government’s indication that implementation is made by compliance with the requirements of subparagraph 2 of section 12 and sections 24 and 25 (in relation to means of transport) of Federal Act No. 52-FZ; subparagraphs of section 1, “General provisions”, of the Health Regulations No. 4393-87 and the Technical Regulations; and, to a limited extent, subparagraph 4 of section 79 and subparagraph 3 of section 80 of the Merchant Shipping Code of the Russian Federation, No. 81-FZ of 30 April 1999, in the wording of 13 July 2015 with the amendments and additions that came into force on 24 July 2015. The Committee recalls that Article 17(2)–(4) of the Convention provides the possibility for the competent authority, in consultation with the fishing vessels’ owners and the fishers’ organizations, to request alterations to existing vessels in order to bring them into conformity with the requirements of the Convention. Noting that the Committee has not identified provisions enabling the competent authority, after consultation with the fishing-vessel owners and the fishers’ organizations, to require such alterations for the purpose of bringing into conformity existing vessels which do not meet the standards set by Part III of the Convention, the Committee requests the Government to indicate the measures taken or envisaged to fully implement this Article of the Convention.

Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee notes the Government’s reports on the application of the Conventions related to fishing. In order to provide an overview of the issues relating to the application of these Conventions, the Committee considers it helpful to examine them in a single comment as follows.

Medical Examination (Fishermen) Convention, 1959 (No. 113)

Article 5 of the Convention. Additional medical examination by a medical referee. In its previous comments, noting the Government’s repeated indications that implementing legislation was in the process of being adopted, the Committee requested the Government to indicate the measures taken to ensure that a person who, after a medical examination, has been refused a certificate may apply for a further examination by an independent medical referee, as required by Article 5 of the Convention. The Committee notes the Government’s statement that a draft Order of the Ministry of Health on approval of the procedure for conducting examinations of occupational fitness and forms of medical assessment of fitness to perform specific types of work, is currently undergoing a public consultation process. Moreover, the Committee notes the Government’s indication that, with respect to fishing, which is regulated by the Merchant Shipping Code, the procedure for carrying out medical examinations and the form of medical assessment of the absence of medical contraindications to work on a vessel are established by the federal executive body responsible for the development of the state policy and legal regulation in the sphere of healthcare in agreement with the federal executive body responsible for transport. The Committee notes however that, according to the Government, this procedure has not been established. The Committee recalls that the issue of not having implementing legislation which regulates the procedure for filing an appeal where the fisher has been refused a medical certificate has been pending for many years. The Committee therefore requests the Government to adopt the necessary measures to implement Article 5 of the Convention without delay.

Accommodation of Crews (Fishermen) Convention, 1966 (No. 126)

Article 3(1) of the Convention. Laws and regulations on crew accommodation. In its previous comments, the Committee noted the lack of substantive progress in the adoption of legislation giving full effect to the provisions of the Convention and expressed the hope that the relevant legislation would be adopted in the near future. It also noted that, in previous reports, the Government had reiterated that it was in the process of preparing draft legislation which would replace the 1977 Regulations on sanitary rules for Soviet vessels and boats, in order to ensure conformity with the provisions of the Work in Fishing Convention, 2007 (No. 188). In this regard, the Committee notes the Government’s indication that the Rules of the Russian Maritime Register of Shipping regulate merchant shipping vessels but contain no special requirements for accommodation on fishing vessels. The Government further indicates that amendments to the Merchant Shipping Code and a number of legislative acts are currently under discussion in the State Duma in order to define the concept of fishing vessel and improve the safety of shipping and navigation. While noting this information, the Committee notes with regret that no substantive progress has been made regarding amending the legislation to bring it into conformity with the Convention. Recalling that the Committee has been drawing the Government’s attention for a number of years to the need to adopt laws and regulations giving effect to a series of provisions of the Convention, the Committee requests the Government once again to adopt the necessary measures without delay.

The Committee is raising other matters regarding Convention No. 126 in a request addressed directly to the Government.

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

Article 5 of the Convention. Additional medical examination by a medical referee. Further to its previous comment, the Committee notes the Government’s reference to the Ministry of Health Order No. 302N of 12 April 2011 on establishing a list of harmful and/or hazardous production factors and types of work requiring prior and periodic medical examinations or check-ups and the procedure for carrying out such examinations. The Committee notes, in particular, that the Order of 2011, which essentially reproduces the provisions of a similar Ministry of Health Decree of 2004, includes work on board ships as among the harmful and hazardous occupations requiring periodic medical examinations and also provides for annual medical examinations of persons under 21 years of age. The Committee notes, however, that the Order does not appear to provide for any arrangement to enable a person who, after an initial medical examination, has been refused a certificate to apply for a further examination by an independent medical referee, as required under this Article of the Convention. Recalling that the same requirement has been incorporated in Article 11(e) of the Work in Fishing Convention, 2007 (No. 188), the Committee requests the Government to indicate any measures taken or envisaged in order to give effect to this provision of the Convention.

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

Article 3 of the Convention. Laws and regulations implementing the provisions of Parts II, III and IV of the Convention. The Committee notes that no substantive progress has been made with respect to the specific points on which the Committee has been commenting since 2005. In its latest report, the Government reiterates that draft legislation is being prepared to replace the 1977 Regulations issuing sanitary rules for Soviet vessels and boats and that the new legislation will be in line with the provisions of the Work in Fishing Convention, 2007 (No. 188).

The Committee recalls that it has been drawing the Government’s attention to two sets of provisions. Firstly, there are provisions that are currently not given effect by national laws and regulations, such as: the provisions with respect to penalties for non-compliance (Article 3(2)(d)); periodical inspection (Article 5); watertight and gastight bulkheads (Article 6(3)); prohibition of open fires (Article 8(3)); sleeping room capacity (Article 10(9)); sanitary facilities (Article 12(2)(c)); facilities for drying clothes (Article 12(7), (11)); sickbay (Article 13(1)); and alterations to existing vessels (Article 17(2)–(4)). Secondly, there are provisions on which the Committee has requested, but never received information, and therefore, their application in practice remains unclear, for instance: the provisions relating to emergency escapes from crew accommodation, adequate insulation of sleeping rooms and mess rooms, fire prevention/retarding measures, steam and exhaust pipes not through crew accommodation, wall surfaces in sleeping rooms painted in a light colour and kept easily clean (Article 6(2), (4), (7), (9)–(11), (13), (14)); heating in operation at all times when practicable (Article 8(2)); permanent blue light in sleeping rooms (Article 9(5)); sleeping rooms amidships or aft, separate room for each department, construction and size of berths, furniture of sleeping rooms (Article 10(1), (5), (13)–(26)); furniture and equipment of mess rooms (Article 11(7), (8)); and gas used for cooking (Article 16(6)).

The Committee hopes that the Government will make every possible effort to finalize in the very near future the draft “Requirements for the safety of floating craft and water transport vessels to ensure hygiene and disease control”, taking into account all the comments that the Committee has been formulating for a number of years.

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

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:

Repetition

Articles 4(1) and 5 of the Convention. Validity of medical certificates and further examination. The Committee notes the information provided in the Government’s report and the attached documents, in particular the adoption of Decree No. 83 dated 16 August 2004 of the Ministry of Health and Social Development establishing the list of harmful and/or hazardous industrial factors and works in which preliminary and periodic medical examinations shall be conducted and the arrangements for carrying out such examinations. It also notes that under point 15 of Annex 2 of the above Decree work on board ships is enumerated among the harmful and hazardous occupations for which preliminary and periodic medical examinations are required, while Annex 3 of the same Decree sets out the practical details for conducting such examinations. More concretely, the Committee notes that under paragraph 3.3 of Annex 3, persons under 21 years of age must undergo medical examination on an annual basis, which is in line with the requirement of Article 4(1) of the Convention. The Committee has not been able to find, however, any provision guaranteeing the right of a person who has been refused a certificate to apply for a further examination by an independent medical referee, as required by Article 5 of the Convention. The Committee would be grateful if the Government would provide additional explanations in this respect. It also invites the Government to specify whether a standard medical certificate form exists, in which case it would appreciate receiving sample copies.

In addition, the Committee notes the Government’s reference, in an earlier report concerning the application of the Medical Examination (Seafarers) Convention, 1946 (No. 73), to Order No. 196 of 9 March 2005 setting up an interdepartmental working group to develop legislation in respect of the organization of medical services for ships’ crews. According to the Government’s indications, a draft Order on medical services for crews in the maritime and river fleets of the Russian Federation has already been adopted laying down standards for medical services and also a new version of the seafarer’s medical book. The Committee requests the Government to keep it informed of the progress made in the finalization of the Order on medical services for ships’ crews and to transmit a copy as soon as it has been adopted.

Finally, the Committee draws the Government’s attention to the Work in Fishing Convention, 2007 (No. 188), which revises in an integrated manner most existing ILO fishing instruments. 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.

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

Article 3 of the Convention. Laws and regulations which ensure the application of the provisions of Parts II, III and IV of the Convention. The Committee notes with regret that the information provided in the Government’s report reproduces essentially the same information provided in the previous report concerning the matters that it has been raising since 2005. However, it notes the indication that a draft text is being prepared to update the provisions of Regulation No. 1814–77 of 22 December 1977 issuing sanitary rules for Soviet vessels and boats, which will be in conformity with the provisions of the Work in Fishing Convention, 2007 (No. 188). In this respect, the Committee recalls that Annex III of Convention No. 188 essentially reproduces the provisions of Convention No. 126. It therefore hopes that, when preparing the draft text referred to above, the Government will take into consideration the comments that it has been making for several years concerning the application of the following provisions of the Convention: penalties for violations of the relevant legislation (Article 3(2)(d) and (e)); periodical inspection of fishing vessels (Article 5); bulkheads being watertight and gastight (Article 6(3)); prohibition of heating on board by open fires (Article 8(3)); indication of maximum sleeping room capacity (Article 10(9)); one wash basin for every six persons or less (Article 12(2)(c)); quality of soil and waste pipes and facilities for drying clothes (Article 12(7) and (11)); sick bay required for vessels of 45.7 meters in length or over (Article 13(1)); and alterations to existing vessels to ensure conformity with the Convention (Article 17(2) to (4)). The Committee requests the Government to keep the Office informed of any developments in the process of the adoption of the draft text and to provide a copy when it has been finalized. In this context, the Committee also invites the Government to consider favourably the ratification of Convention No. 188, which updates in an integrated manner most of the existing ILO instruments on fishing, and to keep the Office informed of any decision in this respect.

Furthermore, as it has not received any further indications on these points, the Committee once again requests the Government to provide precise information on the application in practice of the following provisions of the Convention: Article 6(2), (4), (7) and (9) to (11), (13) and (14); Article 8(2); Article 9(5); Article 10(1), (5) and (13) to (26); Article 11(7) and (8); and Article 16(6).

Finally, in view of the significance of the fishing fleet in the country and the economic difficulties experienced by the sector, the Committee requests the Government to provide detailed information on the application of the Convention in practice, including up-to-date statistics on the size of the fishing fleet disaggregated by vessel category and age, the number of jobs created, the number of enterprises active in the sector, the importance of fisheries in the national economy and current trends in the sector, as well as copies of official reports or studies of the State Committee for Fishing or other competent bodies.

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

The Committee notes the Government’s report which is practically a repetition of general information already submitted in previous reports in 2003 and 2000. The Committee recalls its detailed comment addressed in 2005 and again in 2006 in which it requested the Government to clarify the state of law and practice and supply full particulars on the application of numerous provisions of the Convention. In the absence of any specific replies, the Committee is bound to ask once more the Government to supply concrete information, including copies of relevant laws, regulations or administrative instructions, on relevant measures taken or envisaged in relation to the following points: penalties for violations of the relevant legislation (Article 3(2)(d),(e) of the Convention); periodical and complaint-based inspection of fishing vessels (Article 5); bulkheads being watertight and gastight (Article 6(3)); prohibition of heating on board by open fires (Article 8(3)); indication of maximum sleeping room capacity (Article 10(9)); one wash basin for every six persons or less (Article 12(2)(c)); quality of soil and waste pipes and facilities for drying clothes (Article 12(7),(11)); sickbay required for vessels of 45.7 metres in length or over (Article 13(1)); alterations to existing vessels to ensure conformity with the Convention (Article 17(2)–(4)).

In addition, the Government is again requested to explain how the application of the following provisions is ensured: Article 6(2), (4), (7), (9)–(11), (13), (14); Article 8(2); Article 9(5); Article 10(1), (5), (13)–(26); Article 11(7), (8); and Article 16(6).

Furthermore, the Committee notes that the Government makes renewed reference to Order No. 30 of 2001 of the State Committee for Fishing regarding regulations on the registration of fishing vessels and their entitlements at maritime fishing ports, as providing for the monitoring of the application of the Convention through systematic inspections. The Committee notes, however, that the abovementioned Order, as amended by Order No. 176 of 2003 of the State Committee for Fishing, does not appear to contain any specific provisions concerning inspection of fishing vessels. It accordingly requests the Government to provide additional explanations in this regard.

Part V of the report form. The Committee notes that according to statistical information published by the UN Food and Agriculture Organization (FAO), in 2002, the offshore fleet comprised 2,500 fishing vessels, 17 per cent of which were large vessels over 64 metres in length, 51 per cent were medium-sized vessels or 34–65 metres in length, and 32 per cent were small vessels, or 24–34 metres in length. According to the same information, the fishing fleet in the last decade contracted by almost 40 per cent, especially larger vessels, while two-thirds of the fleet is very old. Finally, the fishing industry is believed to provide employment to more than 150,000 people, representing 1 per cent of total industrial employment. The Committee would appreciate if the Government would provide up to date information on the practical application of the Convention, including, for instance, statistics on the size of the fishing fleet broken down by vessel category and age, estimated employment, the number of enterprises active in the sector, the importance of fisheries in the national economy and current trends in fisheries, copies of official reports or studies of the State Committee for Fishing or other competent bodies, etc.

Finally, the Committee seizes this opportunity to draw the Government’s attention to the new Work in Fishing Convention, 2007 (No. 188), which revises and brings up to date in an integrated manner most of the existing ILO fishing instruments. The new Convention provides a modern and flexible regulatory framework covering large fishing operations but also addressing the concerns of small-scale fishers. In particular, Annex III of the Work in Fishing Convention essentially reproduces the provisions of Convention No. 126 adding a new length–tonnage conversion rate (24 metres equivalent to 300 gross tonnage) and also the possibility to introduce, under certain conditions, limited “alternative requirements” as regards headroom, floor area per person, berth size and sanitary facilities. The Committee invites the Government to give due consideration to the new comprehensive standard on fishers’ working and living conditions and to keep the Office informed of any decision it may take as regards its ratification.

[The Government is asked to reply in detail to the present comments in 2009.]

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

The Committee notes the information provided in the Government’s report and the attached documents, in particular the adoption of Decree No. 83 dated 16 August 2004 of the Ministry of Health and Social Development establishing the list of harmful and/or hazardous industrial factors and works in which preliminary and periodic medical examinations shall be conducted and the arrangements for carrying out such examinations. It also notes that under point 15 of Annex 2 of the above Decree work on board ships is enumerated among the harmful and hazardous occupations for which preliminary and periodic medical examinations are required, while Annex 3 of the same Decree sets out the practical details for conducting such examinations. More concretely, the Committee notes that under paragraph 3.3 of Annex 3, persons under 21 years of age must undergo medical examination on an annual basis, which is in line with the requirement of Article 4, paragraph 1, of the Convention. The Committee has not been able to find, however, any provision guaranteeing the right of a person who has been refused a certificate to apply for a further examination by an independent medical referee, as required by Article 5 of the Convention. The Committee would be grateful if the Government would provide additional explanations in this respect. It also invites the Government to specify whether a standard medical certificate form exists, in which case it would appreciate receiving sample copies.

In addition, the Committee notes the Government’s reference, in an earlier report concerning the application of the Medical Examination (Seafarers) Convention, 1946 (No. 73), to Order No. 196 of 9 March 2005 setting up an interdepartmental working group to develop legislation in respect of the organization of medical services for ships’ crews. According to the Government’s indications, a draft Order on medical services for crews in the maritime and river fleets of the Russian Federation has already been adopted laying down standards for medical services and also a new version of the seafarer’s medical book. The Committee requests the Government to keep it informed of the progress made in the finalization of the Order on medical services for ships’ crews and to transmit a copy as soon as it has been adopted.

Finally, the Committee draws the Government’s attention to the new Work in Fishing Convention, which was adopted at the 96th Session of the International Labour Conference in June 2007, with a view to revising and bringing up to date in an integrated manner most existing ILO fishing instruments. The new Convention provides a modern and flexible regulatory framework covering large fishing operations, but also addressing the concerns of small-scale fishers. The Committee invites the Government to give due consideration to the new global standard on fishers’ working and living conditions and to keep the Office informed of any decision taken with a view to its ratification.

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

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 that the drafting of a new Order of the Ministry of Health of the Russian Federation concerning the medical examination of seafarers is currently under way. The Committee asks the Government to clarify whether this new Order would be applicable to the medical examination of fishermen and, if so, to forward the text of the Order when adopted.

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

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:

Article 3, paragraphs 2(d) and 2(e), of the Convention. The Committee notes that the Government does not indicate specific provisions of laws or regulations regarding penalties for any violation of the relevant laws and regulations, nor does it specify whether the implementing legislation requires periodic consultations with the fishing vessel owners’ and fishermen’s organizations, in respect of the framing of regulations and their practical application. It therefore asks the Government to provide additional information in this regard.

Article 5. The Committee notes the Government’s reference to the rules for the registration of vessels of a fishing fleet and entitlements in their regard at maritime fishing ports, adopted on 31 January 2001 by Order No. 30 of the State Committee for Fishing. It would appreciate receiving a copy of these rules, as well as all available information, including statistics, as to how inspections of fishing vessels are conducted in practice.

Article 6, paragraph 3. The Committee requests the Government to indicate how it is ensured in the fishing vessels of all four categories that the bulkhead separating fish holds and fish meals rooms, spaces for machinery, galleys, lamp and paint rooms, engine, deck and other bulk store rooms, drying rooms, communal wash places and water closets from sleeping rooms, is efficiently constructed so that it be watertight and gas tight.

Article 8, paragraph 3. The Committee notes that the Sanitary Rules for sea-going vessels of the fishing fleet of the Russian Federation, issued on 22 December 1977, under No. 1814-77 (hereinafter referred to as the “Sanitary Rules”), do not explicitly prohibit heating by means of open fires. It asks the Government to provide explanations on this point.

Article 10, paragraph 9. The Committee notes that, under section 2.1.3. of the Sanitary Rules, the doors of all accommodations must have an inscription indicating the function of the accommodation. It asks the Government to indicate how it is ensured, in the case of sleeping rooms, that such inscriptions also specify the maximum number of persons to be accommodated in each room.

Article 12, paragraph 2(c). While noting that the Sanitary Rules stipulate that one washbasin must be provided for every eight persons, as compared to six persons or less required under this Article of the Convention, the Committee asks the Government to indicate the measures taken or envisaged to bring the national legislation into conformity with the Convention.

Article 12, paragraphs 7 and 11. The Committee notes that there seem to exist no specific provisions requiring that: (i) soil pipes and waste pipes do not pass through fresh water, drinking water tanks, or overhead in mess rooms and sleeping accommodations; and (ii) facilities for drying clothes be in a compartment separate from sleeping rooms, mess rooms and water closets. It asks the Government to indicate the provisions giving effect to these requirements of the Convention.

Article 13, paragraph 1. The Committee notes that the Sanitary Rules require a sickbay to be provided on vessels of category I (i.e. vessels of 65 metres in length or over) and not to vessels of 45.7 metres and above, as prescribed by the Convention. The Government is asked to indicate the measures taken or envisaged to bring the national legislation into conformity with the Convention.

Article 17, paragraphs 2, 3 and 4. The Committee asks the Government to provide more detailed information on the application of the Convention to fishing vessels which were already in operation at the time the Convention came into force, and which had to undergo structural alterations for the purpose of attaining conformity with the standards set out in the Convention.

Moreover, the Committee asks the Government to supply full particulars on the application of Article 6, paragraphs 2, 4, 7, 9 to 11, 13 and 14; Article 8, paragraph 2; Article 9, paragraph 5; Article 10, paragraphs 1, 5, and 13 to 26; Article 11, paragraphs 7 and 8; and Article 16, paragraph 6, on which no information has been provided so far.

Part V of the report form. The Committee would be grateful if the Government would supply general information on the practical application of the Convention, such as statistics on the fishing industry (number of vessels and workforce), extracts from inspection reports, copies of official documents such as inspection guidelines or manuals, etc.

 

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

The Committee notes the information provided in the Government’s last report. It asks the Government to provide further information on the following points.

Article 3, paragraphs 2(d) and 2(e), of the Convention. The Committee notes that the Government does not indicate specific provisions of laws or regulations regarding penalties for any violation of the relevant laws and regulations, nor does it specify whether the implementing legislation requires periodic consultations with the fishing vessel owners’ and fishermen’s organizations, in respect of the framing of regulations and their practical application. It therefore asks the Government to provide additional information in this regard.

Article 5. The Committee notes the Government’s reference to the rules for the registration of vessels of a fishing fleet and entitlements in their regard at maritime fishing ports, adopted on 31 January 2001 by Order No. 30 of the State Committee for Fishing. It would appreciate receiving a copy of these rules, as well as all available information, including statistics, as to how inspections of fishing vessels are conducted in practice.

Article 6, paragraph 3. The Committee requests the Government to indicate how it is ensured in the fishing vessels of all four categories that the bulkhead separating fish holds and fish meals rooms, spaces for machinery, galleys, lamp and paint rooms, engine, deck and other bulk store rooms, drying rooms, communal wash places and water closets from sleeping rooms, is efficiently constructed so that it be watertight and gas tight.

Article 8, paragraph 3. The Committee notes that the Sanitary Rules for sea-going vessels of the fishing fleet of the Russian Federation, issued on 22 December 1977, under No. 1814-77 (hereinafter referred to as the "Sanitary Rules"), do not explicitly prohibit heating by means of open fires. It asks the Government to provide explanations on this point.

Article 10, paragraph 9. The Committee notes that, under section 2.1.3. of the Sanitary Rules, the doors of all accommodations must have an inscription indicating the function of the accommodation. It asks the Government to indicate how it is ensured, in the case of sleeping rooms, that such inscriptions also specify the maximum number of persons to be accommodated in each room.

Article 12, paragraph 2(c). While noting that the Sanitary Rules stipulate that one washbasin must be provided for every eight persons, as compared to six persons or less required under this Article of the Convention, the Committee asks the Government to indicate the measures taken or envisaged to bring the national legislation into conformity with the Convention.

Article 12, paragraphs 7 and 11. The Committee notes that there seem to exist no specific provisions requiring that: (i) soil pipes and waste pipes do not pass through fresh water, drinking water tanks, or overhead in mess rooms and sleeping accommodations; and (ii) facilities for drying clothes be in a compartment separate from sleeping rooms, mess rooms and water closets. It asks the Government to indicate the provisions giving effect to these requirements of the Convention.

Article 13, paragraph 1. The Committee notes that the Sanitary Rules require a sickbay to be provided on vessels of category I (i.e. vessels of 65 metres in length or over) and not to vessels of 45.7 metres and above, as prescribed by the Convention. The Government is asked to indicate the measures taken or envisaged to bring the national legislation into conformity with the Convention.

Article 17, paragraphs 2, 3 and 4. The Committee asks the Government to provide more detailed information on the application of the Convention to fishing vessels which were already in operation at the time the Convention came into force, and which had to undergo structural alterations for the purpose of attaining conformity with the standards set out in the Convention.

Moreover, the Committee asks the Government to supply full particulars on the application of Article 6, paragraphs 2, 4, 7, 9 to 11, 13 and 14; Article 8, paragraph 2; Article 9, paragraph 5; Article 10, paragraphs 1, 5, and 13 to 26; Article 11, paragraphs 7 and 8; and Article 16, paragraph 6, on which no information has been provided so far.

Part V of the report form. The Committee would be grateful if the Government would supply general information on the practical application of the Convention, such as statistics on the fishing industry (number of vessels and workforce), extracts from inspection reports, copies of official documents such as inspection guidelines or manuals, etc.

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

The Committee notes the information provided in the Government’s report. It further notes that the drafting of a new Order of the Ministry of Health of the Russian Federation concerning the medical examination of seafarers is currently under way. The Committee asks the Government to clarify whether this new Order would be applicable to the medical examination of fishermen and, if so, to forward the text of the Order when adopted.

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

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 requests the Government to provide further information on the following points:

  Article 2 of the Convention. The Committee notes that according to article 154 of the Labour Code of the Russian Federation, the employees engaged in the works related to the movement of transport shall be subject to mandatory preliminary medical examinations at the moment of hiring and to periodical medical examinations. The Commission also notes that section 10 of the temporary list of works which performance requires mandatory preliminary and periodical medical examination, approved by joint Order No. 280/88 of the Ministry of Health and Medical Industry of the Russian Federation and the State Committee of Sanitary-Epidemiological Supervision of the Russian Federation, dated 5 October 1995, indicates the works for immediate operation of means of transportation. It appears that the scope of the term "works related to the movement of transport" is broader than the scope of the term "works for immediate operation of means of transportation". Please indicate whether the term "means of transportation" used in section 10 of the temporary list includes the ships and what are the reasons for a more limited description of types of work in the area of transportation requiring mandatory medical examination in section 10 as compared with a broader description of these works in article 154 of the Labour Code.

Please also indicate whether the Government of the Russian Federation in accordance with article 21 of the Fundamentals of Legislation of the Russian Federation on the protection of health of citizens (the "Fundamentals of Health Legislation") approved the list of professions, industries, enterprises, institutions and organizations where the employees are subject to mandatory preliminary and periodical medical examinations.

The Committee further notes that in accordance with note 1 to subsection 8.2.8 of the Sanitary rules for sea-going vessels of the USSR, approved by the Chief Sanitary Doctor of the USSR (No. 2641-82, dated 25 December 1982 and No. 122-6/452-1 of 13 November 1984) (the "Sanitary Rules"), the seafarer medical record book shall be issued by the personnel department of the shipping company at the moment of admission to work, shall be kept by the administration of the ship and shall be handed over to the seaman for visiting a medical institution. Please indicate whether in case of termination of employment relations between the shipowner and seafarer, the seafarer medical record book is given to the former employee or remains in the possession of the shipowner.

Article 3, paragraph 1. Please indicate which fishing-boat owners’ and fishermen’s organizations were consulted in respect of the nature of the medical examination to be made and the particulars to be included in the medical certificate as well as the particular forms of such consultations.

Article 3, paragraphs 2 and 3. The Committee requests the Government to indicate whether Order No. 1145 of the Ministry of Health of the USSR, dated 6 November 1981, with additions approved by Order No. 855 of the Ministry of Health of the USSR, dated 27 August 1982 and Order No. 511 of the Ministry of Health of the USSR, dated 6 September 1989 are still governing the procedure of medical examination of fishermen or if these Orders were subsequently superseded by respective regulations of the Russian Federation.

It also requests the Government to indicate whether Order No. 405 of the Ministry of Health of the Russian Federation "On the preliminary and periodical medical examinations of employees", dated 10 December 1996 is applicable to the procedure for medical examination of fishermen. Please provide a sample of a latest version of the seafarer medical record book as well as copies of all regulations that currently govern the procedure for medical examination of fishermen.

Article 5. The Committee notes that in accordance with Part 2 of article 21 of the Fundamentals of Health Legislation, the decision about the unsuitability of a person for certain types of professional activity shall be taken on the basis of the conclusion of a medical-social examination and can be challenged in court. The Committee requests the Government to indicate whether the chairman of the medical commission or the chief doctor of the medical institution (section 8.2.13 of the Sanitary Rules) are authorized to adopt a decision about the unsuitability of a fisherman for employment on a fishing vessel or whether such decision can be taken only on the basis of the conclusions of a medical-social examination conducted in accordance with article 50 of the Fundamentals of Health Legislation.

The Committee also requests the Government to describe the legal status of the Basin’s Hospital and that of the special commission of the Basin’s Hospital (section 8.2.14 of the Sanitary Rules); to indicate whether they are independent from the shipowner that operates in the respective Basin; and to describe the procedure of formation of a special commission of a Basin’s Hospital. Please indicate whether in case of disagreement with the conclusion of a special commission a fisherman has the right to request an independent medical examination in accordance with article 53 of the Fundamentals of Health Legislation or to challenge the conclusion of a special commission in court and whether courts have given decisions involving the challenge of conclusions of such special commissions.

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

The Committee notes the Government's report for the period from 1991 to 1996. It requests the Government to provide further information on the following points:

Article 2 of the Convention. The Committee notes that according to article 154 of the Labour Code of the Russian Federation, the employees engaged in the works related to the movement of transport shall be subject to mandatory preliminary medical examinations at the moment of hiring and to periodical medical examinations. The Commission also notes that section 10 of the temporary list of works which performance requires mandatory preliminary and periodical medical examination, approved by joint Order No. 280/88 of the Ministry of Health and Medical Industry of the Russian Federation and the State Committee of Sanitary-Epidemiological Supervision of the Russian Federation, dated 5 October 1995, indicates the works for immediate operation of means of transportation. It appears that the scope of the term "works related to the movement of transport" is broader than the scope of the term "works for immediate operation of means of transportation". Please indicate whether the term "means of transportation" used in section 10 of the temporary list includes the ships and what are the reasons for a more limited description of types of work in the area of transportation requiring mandatory medical examination in section 10 as compared with a broader description of these works in article 154 of the Labour Code.

Please also indicate whether the Government of the Russian Federation in accordance with article 21 of the Fundamentals of Legislation of the Russian Federation on the protection of health of citizens (the "Fundamentals of Health Legislation") approved the list of professions, industries, enterprises, institutions and organizations where the employees are subject to mandatory preliminary and periodical medical examinations.

The Committee further notes that in accordance with note 1 to subsection 8.2.8 of the Sanitary rules for sea-going vessels of the USSR, approved by the Chief Sanitary Doctor of the USSR (No. 2641-82, dated 25 December 1982 and No. 122-6/452-1 of 13 November 1984) (the "Sanitary Rules"), the seafarer medical record book shall be issued by the personnel department of the shipping company at the moment of admission to work, shall be kept by the administration of the ship and shall be handed over to the seaman for visiting a medical institution. Please indicate whether in case of termination of employment relations between the shipowner and seafarer, the seafarer medical record book is given to the former employee or remains in the possession of the shipowner.

Article 3, paragraph 1. Please indicate which fishing-boat owners' and fishermen's organizations were consulted in respect of the nature of the medical examination to be made and the particulars to be included in the medical certificate as well as the particular forms of such consultations.

Article 3, paragraphs 2 and 3. The Committee requests the Government to indicate whether Order No. 1145 of the Ministry of Health of the USSR, dated 6 November 1981, with additions approved by Order No. 855 of the Ministry of Health of the USSR, dated 27 August 1982 and Order No. 511 of the Ministry of Health of the USSR, dated 6 September 1989 are still governing the procedure of medical examination of fishermen or if these Orders were subsequently superseded by respective regulations of the Russian Federation.

It also requests the Government to indicate whether Order No. 405 of the Ministry of Health of the Russian Federation "On the preliminary and periodical medical examinations of employees", dated 10 December 1996 is applicable to the procedure for medical examination of fishermen. Please provide a sample of a latest version of the seafarer medical record book as well as copies of all regulations that currently govern the procedure for medical examination of fishermen.

Article 5. The Committee notes that in accordance with Part 2 of article 21 of the Fundamentals of Health Legislation, the decision about the unsuitability of a person for certain types of professional activity shall be taken on the basis of the conclusion of a medical-social examination and can be challenged in court. The Committee requests the Government to indicate whether the chairman of the medical commission or the chief doctor of the medical institution (section 8.2.13 of the Sanitary Rules) are authorized to adopt a decision about the unsuitability of a fisherman for employment on a fishing vessel or whether such decision can be taken only on the basis of the conclusions of a medical-social examination conducted in accordance with article 50 of the Fundamentals of Health Legislation.

The Committee also requests the Government to describe the legal status of the Basin's Hospital and that of the special commission of the Basin's Hospital (section 8.2.14 of the Sanitary Rules); to indicate whether they are independent from the shipowner that operates in the respective Basin; and to describe the procedure of formation of a special commission of a Basin's Hospital. Please indicate whether in case of disagreement with the conclusion of a special commission a fisherman has the right to request an independent medical examination in accordance with article 53 of the Fundamentals of Health Legislation or to challenge the conclusion of a special commission in court and whether courts have given decisions involving the challenge of conclusions of such special commissions.

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

The Committee notes the Government's report for the period ending 1997. It requests the Government to provide copies of the following documents:

-- Sanitary Regulations for seagoing fishing vessels of the fishing fleet of the USSR, published in 1980;

-- Rules for the classification and construction of seagoing vessels of the Register of the USSR;

-- Rules concerning accident prevention on vessels of the fishing fleet of the USSR;

-- Sectoral Standard "Ships of fishing fleet. General requirements of safety", approved on 31 January 1980 under No. 50 (OST 15.210-79);

-- Sectoral Standard "Ships of fishing fleet. Routes, communications, ladders, ramps. Safety requirements", approved on 31 January 1980 under No. 50 (OST 15.211-79);

-- Sectoral Standard "Ships of fishing fleet. Ship's accommodations. Safety requirements", approved on 31 January 1980 under No. 50 (OST 15.214-79);

-- Sanitary norms of noise in the accommodations of ships of river fleet, approved in 1976 under No. 1404-76;

-- Sanitary Regulations for ships of fishing fleet of internal reservoirs, approved on 7 August 1980 under No. 2195-80;

-- Additions to norms of artificial lighting on ships of river fleet, approved in 1979 under No. 2109-79; and

-- Regulations for the classification and construction of maritime vessels of the Russian maritime register of shipping, 1995.

REQUESTS The Government is asked to report in detail in 2000. #REPORT_DATE:00:00:2000