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The Committee notes the new state Sanitary Rules for seagoing vessels of Ukraine (DSP 7.7.4-057-2000). It also notes the Government’s reply to the Committee’s previous comments concerning Article 1, paragraphs 1, 3(d) and 4(b); Article 3, paragraph 2(a), (d) and (e); Article 4, paragraph 1; Article 6, paragraphs 6 and 8; and Article 10, paragraphs 2, 3 and 10, of the Convention.
In its 2002 report, the Government maintained that the new Sanitary Rules implement several requirements of the Convention; without, however, specifying the relevant sections. The Committee therefore requests the Government to describe in detail and indicate the specific provisions in the Sanitary Rules giving effect to the following requirements of the Convention:
– Article 6, paragraph 2 (prohibition of direct openings into sleeping rooms from certain spaces; requirements for the bulkheads separating such places from sleeping rooms);
– Article 7, paragraph 5 (availability of power for the operation of the aids to ventilation);
– Article 8, paragraph 2 (operation of the heating system);
– Article 10, paragraphs 17 and 19 (material of framework and leeboard of berth; material of mattress);
– Article 11, paragraphs 1, 3, 4, 7 and 10 (sufficient mess room accommodation in all ships; separate mess room accommodation in certain cases; mess room accommodation for catering department; exceptions for passenger ships; material of tables and seats);
– Article 12, paragraph 1 (recreation space on open deck on all ships);
– Article 13, paragraphs 2, 4(b), 5 and 7 (minimum number of water closets; one water closet for every eight persons or less; exemptions in case of more than 100 crew members or passenger vessels engaged in voyages of a maximum of four hours’ duration; appropriate size and material of washbasins and tub baths); and
– Article 15, paragraph 2 (rooms to be used as offices for the deck department and for the engine department).
Article 5(a) and (c). Inspection by the competent authority. In its previous comments, the Committee requested the Government to indicate the specific provisions in national legislation giving effect to this Article of the Convention. In its 2002 report, the Government stated that the requirements in respect of carrying out inspections are stipulated in the Regulations on the Main State Inspection of Ukraine on Safety Navigation, as approved by Decree of the Cabinet of Ministers of Ukraine No. 2098 of 30 December 1998. The Committee asks the Government to specify the particular sections of the above Regulations requiring the competent authority to inspect the ship: on every occasion when it is registered or re-registered (paragraph (a)); and upon the receipt of a complaint made by a recognized bona fide trade union of seafarers (paragraph (c)).
Article 6, paragraphs 11 and 12. Floorings. In its previous comments, the Committee requested the Government to indicate the specific provisions in national legislation giving effect to paragraphs 11 and 12 of this Article of the Convention. In its 2002 report, the Government stated that the requirements in respect of floorings are reflected in the Safety Requirements. The Committee asks the Government to specify the particular sections of the Safety Requirements that concern floorings of decks and joinings with sides.
Article 7, paragraph 3. Ventilation. With reference to the Committee’s previous request for information concerning this provision of the Convention, the Government states that, at present, the required data are not available. The Committee asks the Government to indicate whether ships, regularly engaged on voyages in hot climate zones, are equipped with both mechanical means of ventilation and electric fans, when one of these means does not suffice to ensure satisfactory ventilation.
Article 10, paragraphs 1, 8, 11, 14, 24, 25 and 28. Sleeping rooms. In its 2002 report, the Government stated that the implementation of these requirements is ensured by the observance of the: (i) Sanitary Rules; (ii) Occupational Safety Requirements for Seagoing Vessels (RD 31.81.01-87); (iii) Rules of Accident Prevention on board seagoing vessels (RD 31.81.10-75); and (iv) Rules for the Classification and Construction of Seagoing Vessels. The Committee asks the Government to specify the particular provisions of these instruments giving effect to the requirements of the Convention concerning sleeping rooms.
Article 13, paragraph 12. Facilities for washing and drying clothes. The Government indicates that, under the new Sanitary Rules, the facilities for washing and drying clothes are mandatory on ships of Categories I and II, but only recommended on ships of Categories III and IV. The Convention, however, requires that facilities for washing and drying clothes be provided in all ships to which the Convention is applicable. The Committee requests the Government to indicate the measures taken or envisaged to give effect to this provision of the Convention.
Article 17, paragraph 2. Regular inspections by the master. In reply to the Committee’s previous request to specify the particular provisions in national legislation that set forth the regularity of the inspections of crew accommodations, the Government states that this is established by the regulations of the inspection bodies. The Committee points out that Article 17, paragraph 2, requires the master, or an officer specially deputed for the purpose by the master, accompanied by one or more members of the crew, to inspect all crew accommodation at intervals of not more than one week. The Committee requests the Government to indicate the specific provisions giving effect to this provision of the Convention and supply the relevant legislative texts.
Article 18, paragraph 4. Application to existing ships. Please indicate whether the competent authority may require such alterations for the purpose of bringing the ship into conformity with the requirements of the Convention as it deems possible, having regard to the practical problems involved, in case of ships other than those referred to in paragraphs 2 and 3 of this Article, or ships, to which the provisions of this Convention were applicable while they were under construction, that are being re-registered (paragraph 4).
Part III of the report form. While noting the information supplied by the Government under Article 3, paragraph 2(d), the Committee requests the Government once again to supply full particulars on the organization and working of inspection.
Please also supply copies of the following legislative texts:
– Rules of Accident Prevention on board seagoing vessels (RD 31.81.10-75) as revised;
– Regulations on the Main State Inspection of Ukraine on Safety Navigation, as approved by Decree of the Cabinet of Ministers of Ukraine No. 2098 of 30 December 1998; and
– Rules for the classification and construction of seagoing vessels of the register of the USSR (1990).
The Committee notes the Government’s report as well as the additional information communicated by the Government in the beginning of 2002. It notes that new State Sanitary Rules for seagoing vessels of Ukraine (DSP 7.7.4-057-2000) have been put into effect in Ukraine in 2000. The Committee further notes that the Rules of Accident Prevention on board seagoing vessels (RD 31.81.10-75) have been revised and were in the process of approval. The Committee would be grateful if the Government would submit with its next report the text of the State Sanitary Rules and the revised text of the Rules of Accident Prevention.
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 reads as follows:
The Committee notes the Government’s report for the period from 1993 to 1997. It requests the Government to provide further information on the following points:
Article 1, paragraph 1, of the Convention. Please indicate whether privately owned vessels are within the jurisdiction of the Department of Maritime and River Transport of the Ministry of Transportation of Ukraine.
Article 1, subparagraph 3(d). Please indicate whether tugs in Ukraine are considered as vessels that do not have premises for stay of crew and passengers, for storage of reserve of food and fresh water, excluded by section 1.1.2 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") from their scope.
Article 1, subparagraph 4(b). The Committee requests the Government to indicate whether the Safety Requirements for sea-going vessels (RD 31.81.01-87), approved by joint Decision No. SM-53/2446 of the Ministry of the Maritime Fleet of the USSR and the Ministry of the Shipbuilding Industry of the USSR, dated 2 August 1988 (the "Safety Requirements"), are applicable to vessels engaged in whaling or in similar pursuits.
Article 3, subparagraph 2(a). The Committee requests the Government to provide any information about reprints of the Sanitary Rules, the Rules of Accident Prevention on board sea-going vessels (RD 31.81.10-75), approved by Order No. 50 of the Ministry of the Maritime Fleet of the USSR, dated 13 March 1975 (the "Rules of Accident Prevention") and the Safety Requirements in Ukraine.
Article 3, subparagraph 2(d). The Committee requests the Government to indicate how cooperation is organized between different inspection services and provide information on the working of the inspection.
Article 3, subparagraph 2(e). Please indicate whether the legislation of Ukraine requires the competent authorities of Ukraine to consult the organizations of shipowners and/or the shipowners and the recognized bona fide trade unions of seafarers in regard to the framing of regulations, and to collaborate with such parties in the administration thereof.
Article 4, paragraph 1. The Committee requests the Government to indicate what is the competent governmental authority of Ukraine that shall approve a plan of the ship from the point of view of its compliance with the Safety Requirements.
Article 5, subparagraph (a). Please indicate what provisions of the national legislation require the competent authority to inspect the ship on every occasion when it is registered or re-registered.
Article 5, subparagraph (c). Please indicate what provisions of the national legislation require the competent authority to inspect the ship upon the receipt of a complaint made by a recognized bona fide trade union.
Article 6, paragraph 2. Please indicate what provisions prohibit direct openings into sleeping rooms from spaces for cargo and machinery or from galleys, lamp and paint rooms or from engine deck and other bulk storerooms, drying rooms, communal wash places or water closets.
Article 6, paragraph 6. The Committee requests the Government to indicate whether subsection 3.1.2.6 of the Sanitary Rules is applicable to exhaust pipes for winches and similar gear.
Article 6, paragraph 8. Please indicate the extent to which fire-prevention or fire-retarding measures are required to be taken in the construction of the accommodation.
Article 6, paragraph 11. Please indicate the specific provisions of the legislation of Ukraine that set forth the requirements in respect of decks.
Article 6, paragraph 12. Please indicate the specific provisions of the legislation of Ukraine that set forth the requirements in respect of the joinings with sides.
Article 7, paragraph 3. The Committee asks the Government to provide information: (i) whether in Ukraine there are ships regularly engaged on voyages in the Tropics and the Persian Gulf; (ii) whether only electric fans are provided for in spaces; (iii) whether this ensures satisfactory ventilation and, if not, whether the sleeping rooms and mess rooms are provided with both electric fans and mechanical means of ventilation.
Article 10, paragraphs 2, 3 and 10. Please indicate whether the competent authority makes use of the exception as provided for in these paragraphs.
Article 10, paragraph 17. Please indicate the specific provisions of the legislation of Ukraine that give effect to the requirement that the material of the berth shall not be likely to corrode or to harbour vermin.
Article 10, paragraph 19. Please indicate the specific provisions of the legislation of Ukraine requiring that each berth shall be fitted with a spring bottom or a spring mattress and that stuffing of straw or other material likely to harbour vermin shall not be used.
Article 11, paragraph 1. The Committee notes that under subsection 2.3.1 of the Sanitary Rules mess room accommodations shall be provided only in respect of ships of Category I and Category II, but not in respect of all ships, as it is required under the Convention. The Committee requests the Government to indicate what measures have been undertaken or are envisaged in order to bring the above-mentioned provision of the Sanitary Rules into conformity with the Convention.
Article 12, paragraph 1. The Committee notes that as distinct from section 55 of the previous version of the Sanitary Rules, approved on 22 July 1964, currently there is an explicit requirement to provide on an open deck a space or spaces to which the crew can have access when off duty only in respect of ships of Category I, and in the ships of Category II the arrangement of such space (spaces) is only recommended (subsection 2.6.1 of the Sanitary Rules). The Committee requests the Government to indicate what measures have been undertaken or are envisaged in order to bring the above-mentioned provision of the Sanitary Rules into conformity with the Convention.
Article 13, subparagraph 4(b). Please indicate whether under subsection 2.9.2.3 of the Sanitary Rules the ships are required to have a separate water closet for every eight persons or less.
Article 13, paragraph 5. The Committee notes that subsections 2.9.1.1 and 2.9.1.5 of the Sanitary Rules authorize the reduction in the number of facilities required in ships of Category IV, i.e. in ships engaged on voyages of not more than eight hours’ duration. On the other hand, Article 13, paragraph 5, of the Convention authorizes special arrangements or a reduction in the number of facilities required only for passenger vessels normally engaged on voyages of not more than four hours’ duration (or when the total number of the crew exceeds 100). The Committee requests the Government to indicate what measures have been undertaken or are envisaged in order to bring the above-mentioned provisions of the Sanitary Rules into conformity with the Convention.
Article 13, paragraph 6. Please indicate whether the maximum amount of fresh water which the shipowner may be required to supply per man per day was fixed in consultation with the organizations of shipowners and/or shipowners and with the recognized bona fide trade unions of seafarers.
Article 13, paragraph 12. The Committee notes that under subsection 2.8.1.1 of the Sanitary Rules, the facilities for washing and drying clothes are mandatory only in ships of Category I and Category II, but in ships of Category III and IV such arrangement is only recommended. On the contrary, in accordance with Article 13, paragraph 12, of the Convention, facilities for washing and drying clothes shall be provided in all ships. The Committee requests the Government to indicate what measures have been undertaken or are envisaged in order to bring the above-mentioned provisions of the Sanitary Rules into conformity with the Convention.
Article 16, paragraph 3. The Committee requests the Government to indicate the provisions of the legislation of Ukraine that give effect to Article 16, paragraph 3, of the Convention.
Article 17, paragraph 2. Please indicate the specific provisions of the legislation of Ukraine that set forth the regularity of the inspections of crew accommodations.
The Committee also requests the Government to indicate specific provisions of the national legislation of Ukraine, that give effect to Article 7, paragraph 5; Article 8, paragraph 2; Article 10, paragraphs 1, 8, 11, 14, 24, 25 and 28; Article 11, paragraphs 3, 4, 7 and 10; Article 13, subparagraphs 2(a)-(d) and paragraph 7; Article 15, paragraph 2; Article 18, paragraphs 3 and 4, of the Convention.
Part III of the report form. The Committee requests the Government to supply information on the organization and working of inspection.
The Committee also requests the Government to provide copies of the following documents:
- resolution of Supreme Soviet of Ukraine "On the regime of operation on the territory of Ukraine of certain acts of the legislation of Union of Soviet Socialist Republics", dated 12 September 1991;
- full text of Law of Ukraine "On operation of international treaties on the territory of Ukraine", dated 10 December 1991;
- Order No. 172-r of the Cabinet of Ministers of Ukraine, dated 6 March 1996;
- Safety Requirements for ships of inland and mixed navigation and equipment of the ships (1980);
- Recommendations for the reduction of noise on the sea-going ships (RD 31.81.81-90);
- Regulations on service on vessels of maritime fleet of Ukraine;
- Rules for the classification and construction of sea-going vessels of the register of the USSR (1990);
- Criminal Code of Ukraine.
The Committee notes the Government's report for the period from 1993 to 1997. It requests the Government to provide further information on the following points:
Article 13, paragraph 5. The Committee notes that subsections 2.9.1.1 and 2.9.1.5 of the Sanitary Rules authorize the reduction in the number of facilities required in ships of Category IV, i.e. in ships engaged on voyages of not more than eight hours' duration. On the other hand, Article 13, paragraph 5, of the Convention authorizes special arrangements or a reduction in the number of facilities required only for passenger vessels normally engaged on voyages of not more than four hours' duration (or when the total number of the crew exceeds 100). The Committee requests the Government to indicate what measures have been undertaken or are envisaged in order to bring the above-mentioned provisions of the Sanitary Rules into conformity with the Convention.
-- resolution of Supreme Soviet of Ukraine "On the regime of operation on the territory of Ukraine of certain acts of the legislation of Union of Soviet Socialist Republics", dated 12 September 1991;
-- full text of Law of Ukraine "On operation of international treaties on the territory of Ukraine", dated 10 December 1991;
-- Order No. 172-r of the Cabinet of Ministers of Ukraine, dated 6 March 1996;
-- Safety Requirements for ships of inland and mixed navigation and equipment of the ships (1980);
-- Recommendations for the reduction of noise on the sea-going ships (RD 31.81.81-90);
-- Regulations on service on vessels of maritime fleet of Ukraine;
-- Rules for the classification and construction of sea-going vessels of the register of the USSR (1990);
-- Criminal Code of Ukraine.
[The Government is requested to supply a detailed report in 2000.]