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

Fishermen's Competency Certificates Convention, 1966 (No. 125) - France (Ratification: 1970)

Other comments on C125

Direct Request

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Article 5(5) of the Convention. Derogations. The Committee notes the Government’s information concerning the measures taken to reduce the number of derogations and to recall that they should be only used in exceptional situations. It also notes the CERFA form which was posted online in April 2011 to provide the Departmental Directorates of Territories and the Sea (DDTM), responsible for application requests and issuing derogations, with the relevant information in this respect. It also notes the new software application LISE, which was used during the first six months of 2012 throughout the maritime services; this application makes it possible, when a ship is boarding, to monitor the compliance of documents required and to list those seafarers who have been issued with a derogation. However, the Committee is concerned to note, upon reading the Government’s report, that 5–10 per cent of accidents at sea are linked to derogation. It recalls that, in accordance with Article 5(5) of the Convention, the competent authority may in individual cases permit a fishing vessel to put to sea without the full complement of certificated personnel on two conditions: 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. Consequently, the Committee hopes that the Government will continue making all possible efforts to prevent hazards at sea linked to granting fishers derogations from the obligation of having a competency certificate, and requests it to keep the Office informed of any new measures it might take in this respect.

Articles 7 and 10. Mate’s certificate – Required vocational experience. The Committee notes the adoption of the Order of 31 December 2007 concerning the issuing of the certificate for first mate’s on fishing vessels. It notes that, under section 1 of this Order, anyone wishing to undergo training to obtain the certificate of first mate on fishing vessels must already have the certificate of competency, for which an experience of 12 months at sea is, in principle, required. In accordance with section 5 of the Order, candidates for this certificate must have a certain number of qualifications and justify that they have spent six months on board vessels equipped for inshore, offshore or deep-sea fishing. The Committee also notes the Government’s indications that the length of training to obtain the first mate’s certificate on fishing vessels is 14 months, of which 12 months may count towards the sea service required to obtain this certificate, in accordance with Article 10 of the Convention. It notes that, under French legislation, the candidates must therefore have the equivalent of 30 months’ sea service on the deck of a vessel, which is an improvement over the previous situation (22 months of experience required on board deck). The Committee hopes the Government will continue its efforts to bring the requirements established by national legislation (30 months) more in line with those provided for under the Convention (36 months), with respect to the actual deck service required for the issue of a mate’s certificate on fishing vessels, and to keep the Office informed of any decision it might take in this area.

Part V of the report form. Application in practice. The Committee notes that the ITEM application (computerization of maritime teaching certificates) has been introduced throughout the maritime services, including in the overseas departments, on 26 November 2008; this will help to increase security when issuing certificates and to combat fraud. It also notes that the shipping management software GINA records all offenses committed on board ship, and that an additional function will soon make it possible to detain the ship in the event of a violation linked to vocational training. Finally, the Committee notes the Government’s information on the number of various categories of fishing certificates issued between 2008 and 2012. The Committee requests the Government to continue providing information on the application of the Convention in practice, including on the results obtained with the computer applications ITEM and GINA, as well as on the number of competency certificates issued per year.