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

Accommodation of Crews (Fishermen) Convention, 1966 (No. 126) - Russian Federation (Ratification: 1969)

Other comments on C126

Observation

Direct Request

2018
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2005
1998

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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.