Solicitud directa (CEACR) - Adopción: 2005, Publicación: 95ª reunión CIT (2006)

The Committee notes the information supplied in the Government’s previous reports, and would appreciate receiving additional information on the following points.

Article 1, paragraph 3, of the Convention. The Committee notes that Presidential Decree No. 259/1981 concerning Regulations on the Accommodation of the Master and Crew of Greek Merchant Ships, as amended by Presidential Decree No. 236/1996 (hereinafter referred to as the "Crew Accommodation Regulations") covers ships, including fishing vessels, over 100 tons. While recalling that the Convention does not apply to ships and boats of less than 75 tons, the Committee requests the Government to clarify how it is ensured that the provisions of the Convention are applied to fishing vessels of between 75 and 100 tons.

Article 1, paragraph 6. The Committee notes that, under section 46 of the Crew Accommodation Regulations, the Merchant Ships Inspectorate (EEP) is authorized to exempt from some or all requirements provided for in chapter two of the Regulations: (i) ships engaged on daily voyages of short duration; and (ii) ships whose crew of small organic composition does not remain on board after completion of the voyage. While recalling that the Convention permits those fishing vessels which normally remain away from their home ports for periods of less than 36 hours and in which the crew does not live permanently on board when in port, to be exempted from the application of a limited number of provisions of the Convention, the Committee asks the Government to supply more detailed information on the manner in which section 46 of the Regulations is applied in practice.

Article 3, paragraph 2(e). The Committee requests the Government to indicate any specific arrangements which may have been put in place for periodic consultations with fishing vessel owners’ and fishers’ organizations, where such exist, as required under this Article of the Convention.

Article 5, paragraph 1(c). The Committee notes the Government’s reference to circular No. 1420.87/25-6-87 of the Ministry of Mercantile Marine as laying down the investigation procedure to be followed in case of a complaint filed by a fishing vessel crew member or a fishermen’s organization. The Committee would be grateful if the Government could transmit a copy of that administrative circular.

Article 5, paragraph 2. The Committee notes the Government’s statement that crew accommodation aboard fishing vessels is subject to annual inspections which are carried out in parallel with safety inspections. It also notes the Government’s reference to Presidential Decree 542/68 as being the relevant legal text in this respect. The Committee would appreciate receiving a copy of this Decree.

Article 8, paragraph 1. The Committee notes that section 39(5) of the Crew Accommodation Regulations permits in general the exemption of fishing vessels of total gross tonnage of up to 250 tons from the obligation to install a heating system, should this be technically impossible. While noting that the Convention does not permit exemptions with regard to the installation of a heating system other than for climatic reasons, the Committee asks the Government to supply further explanations in this regard.

Article 10, paragraphs 6(b) and 8. The Committee notes that, under section 9(3) of the Crew Accommodation Regulations, in ships over 500 tons engaged in fishing, whaling or fish processing, the EEP may authorize the berthing in one room of up to ten persons. Recalling that the Convention permits a maximum of four persons to be accommodated in one sleeping room in ships over 250 tons, the Committee asks the Government to provide further explanations in this regard.

Article 10, paragraphs 12 and 13. The Committee notes that, contrary to the requirements of this Article of the Convention, section 13(3) of the Crew Accommodation Regulations permits berths to be in tiers of more than two in fishing vessels of over 500 tons. It also notes that the same section of the Regulations provides for the minimum distance of the lower berth from the floor, but not for the distance of the upper berth from the deckhead beams. The Committee therefore asks the Government to indicate how conformity is ensured with the above provisions of the Convention.

Article 10, paragraph 25. The Committee notes that section 14(6) and (7) of the Crew Accommodation Regulations requires sleeping rooms in ships over 500 tons to be fitted with mirrors, small cabinets and hangers, but does not refer to bookracks. It therefore asks the Government to provide information on the application of this provision of the Convention.

Article 13, paragraph 1. The Committee notes that section 22(1) of the Crew Accommodation Regulations provides for separate hospital accommodation only in new ships over 1,600 tons, whereas existing ships of 1,600 tons and above may be exempted from this obligation. The Committee recalls that the Convention requires a sick bay on all ships of 500 tons or over and asks the Government to indicate how this provision is applied with respect to ships of between 500 and 1,600 tons.

Article 16, paragraph 6. While noting that section 45(3) of the Crew Accommodation Regulations prohibits the storage of gas containers under the deck, or in closed spaces, in ships of between 100 and 500 tons, the Committee requests the Government to explain how this provision of the Convention is given effect in ships of over 500 tons.

In addition, the Committee notes that there do not seem to exist specific provisions in the Crew Accommodation Regulations for the application of the following provisions of the Convention with respect to ships of between 100 and 500 tons: Article 7, paragraph 5; Article 10, paragraphs 2, 12, 13, 14, 16, 22, 24, 25 and 26; Article 11, paragraphs 5 and 7; Article 12, paragraph 8(e). It therefore asks the Government to indicate how these provisions of the Convention are given effect both in law and practice.

Moreover, the Committee has been unable to identify provisions in the national legislation giving effect to the following provisions of the Convention: Article 6, paragraphs 2 and 15; Article 9, paragraphs 2, 3 and 5; Article 10, paragraph 18; Article 12, paragraphs 4 and 7. The Committee would therefore appreciate receiving additional information in this regard.

Parts III and V of the report form. The Committee would be grateful if the Government would provide up-to-date information on the manner in which the Convention is applied in practice, including, for instance, statistics on the size of the Greek fishing fleet (if possible, broken up by type of vessel and tonnage) and workforce, extracts from reports of the inspection services showing the number and nature of contraventions observed and the sanctions imposed, copies of official documents such as inspection guidelines or manuals, etc.