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

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

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

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

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