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The Committee notes the information contained in the Government’s report and asks the Government to provide additional information on the following points. It would also be grateful if the Government could supply copies of the Commercial Shipping Code, the resolution of the Cabinet of Ministers No. 142 of 12 June 2006 concerning the establishment of a procedure for the implementation of the Medical Certification Cards system, and of the Orders of the Ministry of Health No. 13 of 23 January 1990 concerning the conduct of preventive medical examinations and No. 158 of 23 December 2005 concerning the conduct of preventive examinations.
Article 3, paragraphs 1 and 2, of the Convention. The Committee notes the Government’s explanations concerning the Order of the Ministry of Health No. 158 of 23 December 2005 which sets out the medical institutions in charge of compulsory medical examinations, the types of tests to be performed, the frequency of examinations and the procedure to be followed. The Committee requests the Government to indicate, in this respect, whether the fishing vessel owners’ and fishers’ organizations concerned were consulted before prescribing the nature of the medical examination and the particulars to be included in the medical certificate, as required under this Article of the Convention, and also to specify whether the age of the person to be examined affects the nature of the examination in any possible manner.
Article 4, paragraph 1. The Committee notes that, by virtue of the resolution of the Cabinet of Ministers No. 58 of 24 March 2000, persons under 18 years of age are prohibited from being employed to work on board any type of maritime vessel. It also notes that persons over 18 years of age undergo examinations in accordance with the legislation in force, that is to say, every three years for those in complete health and annually for those in almost complete health. In this connection, the Committee asks the Government to explain how the national legislation gives effect to this Article of the Convention which requires the validity of the medical certificate for young persons of less than 21 years of age not to exceed a period of one year from the date of its issue.
Article 5. The Committee notes the Government’s explanations on the special commission which may be set up at the relevant treatment and prevention institution in order to resolve conflicts arising from the results of medical examinations. It requests the Government to specify the legal instrument providing for those commissions and to forward a copy if it has not been previously submitted.
Part V of the report form. The Committee would thank the Government if it could provide up to date information on the practical application of the Convention, including, for instance, the number of professional fishers covered by the Convention, any available statistics on the number of medical examinations performed and medical certificates delivered to fishers annually, extracts from reports of the inspection services containing information on the number and nature of any contraventions observed, etc.
The Committee notes the Government’s report indicating that the information asked for in the direct request of 1999 cannot be provided because the State Fishery Concern is presently undergoing privatization. It trusts that the Government will make the information available as soon as possible. In the meantime, the Committee sees itself obliged to return to its direct request, which read as follows:
Article 1, paragraph 1, of the Convention. Please clarify whether the provisions of the Sanitary Rules for the fishing fleet concerning the mandatory medical examination are applicable to non-deck fishing ships (if any) and to fishing ships with a length of less than 12 metres (if any). Please also clarify whether Order No. 25 of the Ministry of Health of the USSR "on the conduct of preliminary medical examinations at the moment of hiring and periodical medical examinations of navigating staff of vessels of the maritime and fishing fleet, and persons entering into educational institutions for the preparation of specialists for work in the maritime and fishing vessels", dated 14 January 1972, still governs the medical examination of fishermen in Azerbaijan or whether it was superseded by Order No. 1145 of the Ministry of Health of the USSR "on the conduct of preliminary medical examinations at the moment of hiring and periodical medical examinations of navigating staff of vessels of the maritime and fishing fleet, and persons entering into educational institutions for the preparation of specialists for work in the fleet", dated 6 November 1981 (subsequently amended by Order No. 855 of the Ministry of Health of USSR, dated 27 August 1982) and, if so, provide a copy of Order No. 1145.
Article 1, paragraph 2. The Committee asks the Government to indicate whether any exemptions have been granted in accordance with the provisions of paragraph 2 and to provide information regarding the consultations (if any) which have taken place in relation thereto with the fishing boat owners’ and fishermen’s organizations concerned.
Article 2. Please clarify whether the persons taking a job on a seagoing vessel in a profession not listed in Attachment No. 1 to Order No. 25 (if any) shall also be subject to a mandatory medical examination in accordance with section 10.2.1. of the Sanitary Rules for the fishing fleet and Order No. 25. Please indicate whether in case of termination of employment the seafarer’s medical record book is handed over to the seafarer or whether it remains in the possession of the shipowner.
Article 3, paragraph 1. The Committee asks the Government to 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.
Article 3, paragraph 2. Please indicate whether in the process of prescribing the nature of the examination due regard has been given to the age of the person to be examined.
Article 5. The Committee asks the Government to describe the legal status of the medical-preventive institutions and that of the special commission of the medical-preventive institution (section 2 of Attachment No. 3 to Order No. 25), to indicate whether they are independent from the fishing boat owner or of any organization of fishing boat owners or fishermen that operates in the respective basin; and to indicate whether the decision of the special commission can be challenged in court.
Part III of the report form. The Committee asks the Government to indicate to what authority or authorities the application of the legislation and administrative regulations, etc., is entrusted, and by what methods application is supervised and enforced. Please also provide information on the organization and working of inspection.
Part V of the report form. Please give a general appreciation of the manner in which the Convention is applied.
Part VI of the report form. Please indicate representative organizations of employers to which copies of the report have been communicated in accordance with article 23, paragraph 2, of the Constitution of the International Labour Organization.
The Committee notes the Government's report for the period from May 1992 to September 1996. It requests the Government to provide further information on the following points:
Article 1, paragraph 2. The Committee asks the Government to indicate whether any exemptions have been granted in accordance with the provisions of paragraph 2 and to provide information regarding the consultations (if any) which have taken place in relation thereto with the fishing boat owners' and fishermen's organizations concerned.
Article 2. Please clarify whether the persons taking a job on a seagoing vessel in a profession not listed in Attachment No. 1 to Order No. 25 (if any) shall also be subject to a mandatory medical examination in accordance with section 10.2.1. of the Sanitary Rules for the fishing fleet and Order No. 25. Please indicate whether in case of termination of employment the seafarer's medical record book is handed over to the seafarer or whether it remains in the possession of the shipowner.
Article 3, paragraph 1. The Committee asks the Government to 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.
Part VI of the report form. Please indicate representative organizations of employers to which copies of the report have been communicated in accordance with article 23, paragraph 2 of the Constitution of the International Labour Organization.