Solicitud directa (CEACR) - Adopción: 2021, Publicación: 110ª reunión CIT (2022)

Convenio sobre el trabajo marítimo, 2006 (MLC, 2006) - Croacia (Ratificación : 2010)

Otros comentarios sobre C186

Solicitud directa

2021
2017

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The Committee notes the Government’s second report on the application of the Maritime Labour Convention, 2006, as amended (MLC, 2006). It notes that the amendments to the Code approved by the International Labour Conference in 2016 and 2018 entered into force for Croatia on 8 January 2019 and 26 December 2020, respectively. Following a second review of the information and documents available, the Committee draws the Government’s attention to the following issues.

Impact of the COVID-19 pandemic. The Committee takes note of the observations of the International Transport Workers' Federation (ITF) and of the International Chamber of Shipping (ICS), received by the Office on 1 and 26 October 2020 and on 4 October 2021, alleging that ratifying states have failed to comply with certain provisions of the Convention during the COVID-19 pandemic. Noting with deep concern the impact of the COVID-19 pandemic on the protection of seafarers’ rights as laid out in the Convention, the Committee refers to its general observation of 2020 and its comments in the general report of 2021 on this issue, and requests the Government to provide information in its next report on any temporary measures adopted in this regard, their duration and their impact on seafarers’ rights.

Article II, paragraphs 1(f), 2 and 3 of the Convention. Scope of application. Seafarers. In its previous comment, noting the definition of crew in section 125(1) of the Maritime Code (Official Gazette, Nos. 181/04, 76/07, 146/08, 61/11, 56/13, 26/15, 17/19) and the “Ordinance on health requirements for crew members on seagoing ships, boats and yachts” (Official Gazette No. 93/07), as amended, the Committee requested the Government to indicate how it ensures that the protection afforded by the Convention is guaranteed to all seafarers working on ships flying the Croatian flag. The Committee notes the Government’s information that, in general, the provisions of the Maritime Code and other implementing regulations are applicable to all crew members (seafarers) that are employed or engaged or work in any capacity on board a ship. The Government further indicates that: i) section 2 paragraph 1(1) of the Ordinance on the implementation of the MLC, 2006 (Official Gazette No. 122/16, 42/19), which implements the 2014 amendments to the Code of the Convention, and section 2, paragraph 1(7) of the “Ordinance on watchkeeping requirements and methods and attending to other duties on board ships which provide for safe navigation and protection of the sea against pollution” (Official Gazette No. 125/05) (hereinafter, Ordinance on watchkeeping), provide that seafarer is any person employed, recruited or working in any capacity on board a ship covered by the MLC, 2006; and ii) in accordance with section 137 of the Maritime Code, all seafarers employed or engaged or that work in any capacity on board a ship (including hotel personnel) in order to embark must possess a seaman’s book, used for proving the status in which a crew member boarded a ship and the duration of seagoing service. While noting the Government’s explanations, the Committee observes that part of the legislation implementing the MLC, 2006 does not cover all seafarers protected under the Convention. In particular, the majority of the provisions of the Maritime Code only applies to Croatian nationals employed on board Croatian ships (see section 141). Accordingly, the Committee requests the Government to take the necessary measure to harmonize its legislation in order to ensure that the provisions implementing the Convention apply to all seafarers as defined in Article II.

Article II, paragraph 1(i), 4 and 5. Ships. Noting the definition of ship under section 5 of the Maritime Code, the Committee requested the Government to indicate how it ensures that the protection afforded by the Convention is guaranteed to all seafarers working on board ships within the meaning of the Convention. The Committee notes the Government’s information that section 5, paragraph 2 of the Maritime Code has been amended to provide that ship, other than a warship, means a waterborne craft intended for navigation at sea, whose hull exceeds 15 metres in length or is authorised to carry more than 12 passengers. The Committee also notes that section 5, paragraph 13 of the Maritime Code, as amended, defines a yacht as a waterborne craft for sports and recreation, regardless of whether it is used for personal needs or business, exceeding 15 metres in length and intended for a longer stay at sea, which is authorized to carry no more than 12 passengers in addition to the crew. While noting that the above amendments have removed the reference to gross tonnage, the Committee recalls that the MLC, 2006 applies to all ships ordinarily engaged in commercial activities (Article II, paragraph 4), including yachts, regardless of their length and of the number of passengers carried. The Committee accordingly requests the Government to take the necessary measures to ensure that the protection afforded by the Convention is guaranteed to all seafarers working on board ships within the meaning of the Convention, including yachts ordinarily engaged in commercial activities.

Regulation 1.1 and Standard A1.1. Minimum age. The Committee requested the Government to indicate the measures adopted to ensure compliance with Regulation 1.1 and Standard A1.1. The Committee notes the Government’s reference to the “Ordinance on seaman’s books and boarding permits, and procedures and manner of registration and deregistration of seafarers for compulsory pension and compulsory health insurance” (Official Gazette 112/2016) (hereinafter, Ordinance on seaman’s books), according to which “a seaman’s book or embarkation permit shall be issued to a person who has reached the age of sixteen”. The Government further indicates that although there is no specific general prohibition of employment of persons under 16 years of age on board a ship, from the above-mentioned provision it is evident that there is no possibility for the employment of any seafarers without seamen’s book. While noting the Government’s explanation, the Committee recalls that under Regulation 1.1, paragraph 1 and Standard A1.1, paragraph 1 of the Convention, the employment, engagement or work on board of any person under the age of 16 shall be prohibited. The Committee accordingly requests the Government to take the necessary measures to ensure full compliance with this provision of the Convention.

Regulation 1.3. Training and qualifications. The Committee requested the Government to indicate how it gives effect to the requirement of Regulation 1.3, paragraph 2 (completion of training for personal safety on board) with regard to all seafarers working on all ships covered by the Convention. The Committee notes the Government’s reference to sections 49 and 50 of the “Ordinance on ranks and certification of seafarers” (Official Gazette No. 130/13), as amended, prescribing mandatory safety familiarization training according to the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STCW), for all persons carrying out operations on board ship in any capacity prior to being assigned to shipboard duties. The Committee notes, however, that, the scope of application of the above-mentioned Ordinance is limited to “ship's captain, engine manager, officer and other crew members of seagoing vessels”. The Committee requests the Government to indicate the measures taken to ensure that all seafarers working on all ships covered by the Convention, including hotel and catering staff, complete training for personal safety on board ship in order to be permitted to work on board.

Regulation 1.4 and the Code. Recruitment and placement. In its previous comment, the Committee noted the Government’s indication that the applicable legislation would be amended to comply with the requirement of Standard A1.4, paragraph 5(c)(vi). The Committee notes the Government’s information that section 16, paragraph 5 of the new Ordinance on recruitment and placement of seafarers (Official Gazette No. 55/18) provides that “Prior to the signing of the seafarer’s employment agreement …, the agency for recruitment and placement of seafarers shall be obliged to verify whether the shipowner has liability insurance in the event of death, deterioration of the health or injury of the seafarer, at least at the level determined by the applicable law and the collective agreement and whether there is repatriation system in place, and to inform the seafarer concerned”. While noting this information, the Committee recalls that under Standard A1.4, paragraph 5(c)(vi), seafarer recruitment and placement services should establish, in addition to any insurances provided by the shipowner, a “system of protection, by way of insurance or an equivalent appropriate measure, to compensate seafarers for monetary loss that they may incur as a result of the failure of a recruitment and placement service or the relevant shipowner under the seafarers’ employment agreement to meet its obligations to them”. The Committee requests the Government to indicate the measures adopted to give full effect to Standard 1.4, paragraph 5(c)(vi) of the Convention.

Regulation 2.1 and Standard A2.1, paragraph 1(a) and (c). Seafarers’ employment agreements. Signature of seafarer and shipowner or a representative. The Committee previously noted that under section 16 of the Ordinance on recruitment and placement of seafarers (Official Journal No. 120/07), the employment contract with a seafarer is signed by the employer or by the intermediary on behalf of the employer. The Committee requested the Government to indicate the legislation implementing the requirement that the seafarer has an original of the seafarer’s employment agreement (SEA) signed by both the shipowner and the seafarer. The Committee notes with interest that under section 16(2) of the new Ordinance on recruitment and placement of seafarers, the SEA shall be signed by the shipowner or the agency for recruitment and placement of seafarers on behalf and for the account of the shipowner. The Committee takes note of this information, which addresses it previous request.

Regulation 2.1 and Standard A2.1, paragraphs (b) and (d). Seafarers’ employment agreement. Examination and advice before signing. The Committee requested the Government to provide information on the legislation implementing Standard A2.1, paragraph 1(b) and (d). The Committee notes that section 16(3) and (7) of the new Ordinance on recruitment and placement of seafarers substantially give effect to Standard A2.1, paragraph 1(b) and (d) in relation to the obligations of the agency for recruitment and placement vis-à-vis seafarers. The Committee further notes the Government’s indication that the Ministry of Sea, Transport and Infrastructure shall adopt the amendments to the Ordinance on implementation of the MLC, 2006 in order to implement Standard A2.1, paragraph 1 of the Convention in a more understandable manner. The Committee requests the Government to indicate the legislation implementing Standard A2.1, paragraph 1(b) and (d) (including the requirement for the seafarer to have an opportunity to seek advice on the SEA before signing it and the availability of information of conditions of employment on board for review by the competent authority) when the SEA is concluded directly between the shipowner and the seafarer.

Regulation 2.1 and Standard A2.1, paragraph 2. Seafarers’ employment agreement. Documents available in English. The Committee requests the Government to indicate how it implements Standard A2.1, paragraph 2 of the Convention.

Regulation 2.1 and Standard A2.1, paragraphs 1(e) and 3. Seafarers’ employment agreement. Record of employment. The Committee requested the Government to ensure that, without previous request, the seafarers are given a document containing a record of employment as required by Standard A2.1, paragraph 3. The Committee notes the Government’s indication that the seaman’s book is the relevant document containing a record of employment. The mandatory elements to be included in the seaman’s book are provided by section 7 of the Ordinance on seaman’s books. The Committee notes this information, which addresses its previous request.

Regulation 2.1 and Standard A2.1, paragraph 4. Seafarers’ employment agreement. Content. The Committee previously noted that: i) the provisions of the Labour Act regulating the elements to be included in written employment contracts do not include all the matters provided under Standard A2.1, paragraph 4; and ii) the model SEA referred to by the Government contains only some of the matters listed in Standard A2.1, paragraph 4. The Committee requested the Government to adopt laws and regulations to ensure full conformity with Standard A2.1, paragraph 4. The Committee notes the Government’s information that the Ministry of Sea, Transport and Infrastructure shall adopt the amendments to the Ordinance on implementation of the MLC, 2006, in order to implement this provision of the Convention in a more understandable manner. The Committee requests the Government to indicate the measures taken to fully comply with Standard A2.1, paragraph 4.

Regulation 2.1 and Standard A2.1, paragraphs 5 and 6. Seafarers’ employment agreement. Minimum notice period for termination. Shorter notice period for urgent reasons. Noting the Government’s reference to the general provisions of the Labour Act providing for a period of notice for termination of between two weeks and three months depending on the length of service (section 122), the Committee requested the Government to specify whether and how the need of the seafarer to terminate the contract without penalty on shorter notice or without notice for compassionate or other urgent reasons has been taken into account (Standard A2.1, paragraph 6). The Committee notes the Government’s information that the Ministry of Sea, Transport and Infrastructure shall adopt the amendments to the Ordinance on implementation of the MLC, 2006 in order to implement this provision of the Convention in a more understandable manner. The Committee requests the Government to indicate the measures adopted to implement Standard A2.1, paragraph 6.

Regulations 2.1 and 2.2 and Standards A2.1, paragraph 7 and Standard A2.2, paragraph 7. Seafarers’ employment agreements and wages. Captivity as a result of acts of piracy or armed robbery against ships. In relation to the 2018 amendments to the Code, the Committee draws the Government’s attention to the following questions included in the revised report form for the Convention: (a) do laws or regulations provide that a seafarer’s employment agreement shall continue to have effect while the seafarer is held captive on or off the ship as a result of acts of piracy or armed robbery against ships?; (b) how are the terms piracy and armed robbery against ships defined under national legislation? (Standard A2.1, paragraph 7); and (c) do laws or regulations provide that wages and other entitlements under the seafarers’ employment agreement, relevant collective bargaining agreement or applicable national laws, including the remittance of any allotments, shall continue to be paid during the entire period of captivity and until the seafarer is released and duly repatriated or, where the seafarer dies while in captivity, until the date of death in accordance with national legislation? (Standard A2.2, paragraph 7). The Committee requests the Government to reply to the abovementioned questions, indicating in each case the applicable national provisions.

Regulation 2.2 and the Code. Wages. The Committee requested the Government to indicate how it ensures that the monthly account of wages of all seafarers covered by the Convention, including non-Croatian seafarers working on board Croatian flagged ships, contain the elements indicated in Standard A2.2, paragraph 2. It also requested the Government to provide information on measures implementing Standard A2.2, paragraphs 3–5 with regard to all seafarers covered by the Convention. The Committee notes the Government’s indication that the Ministry of Sea, Transport and Infrastructure shall adopt the amendments to the Ordinance on implementation of the MLC, 2006 in order to implement this provision of the Convention in a more understandable manner. The Committee requests the Government to indicate the measures taken to fully implement Standard A2.2, paragraphs 2–5 of the Convention with regard to all seafarers covered by it.

Regulation 2.3 and Standard A2.3, paragraph 13. Hours of work and hours of rest. Exceptions. Noting that section 8(5) of the Ordinance on watchkeeping, provides for exceptions to the minimum hours of rest (temporarily shortening of hours of rest to at least six uninterrupted hours in 48 hours), the Committee requested the Government to take the necessary measures to ensure that any exceptions to the provisions set out in Standard A2.3, paragraphs 5 and 6 may only be provided through collective agreements. The Committee notes the Government’s indication that since there is currently no applicable collective agreement in force for seafarers in national navigation as the negotiation process is under way, the exemptions are established by the Ordinance on watchkeeping requirements. The Government further indicates that the Ministry of Sea, Transport and Infrastructure adopts all legislation relating to seafarers, including the above-mentioned Ordinance, after consultations with representative social partners. Recalling that exceptions to the minimum hours of rest or maximum hours of work can only be established in a collective agreement authorized or registered by the competent authority, the Committee requests the Government to provide a copy of the collective agreement for seafarers engaged in national navigation upon its adoption.

Regulation 2.4 and the Code. Entitlement to leave. The Committee previously noted: (i) the Government’s reference to section 77 of the Labour Act, which provides that the first-time worker or the worker with the interruption period between two employments exceeding eight days shall acquire the entitlement to annual leave after six consecutive months of employment with that employer was not in full conformity with the Convention, and (ii) the fact that the applicable collective agreement does not cover all the seafarers protected by the Convention. It requested the Government to adopt legislation applicable to all seafarers to give full implementation to Standard A2.4, giving due consideration to Guideline B2.4.1, paragraph 3. Noting the absence of information in this respect, the Committee reiterates its request.

Regulation 2.5 and Standard A2.5.1, paragraphs 1 and 2 (a). Repatriation. Circumstances. Noting that section 138(1) of the Maritime Code and section 20 of the applicable collective agreement – do not cover all the circumstances in which seafarers shall be entitled to repatriation pursuant to Standard A2.5.1, paragraph 1, the Committee requested the Government to indicate how it ensures that this provision is fully implemented. Noting the absence of information in this respect, the Committee reiterates its request.

Regulation 2.5 and Standard A2.5.1, paragraph 3. Repatriation. Prohibition of advance payment and to recover costs from seafarers. The Committee previously noted that, according to the Croatian national provisions, the shipowner shall not recover the costs of the repatriation from a crew member except in case of: (i) “major violations of obligations arising from the employment contract” under section 139(2) of the Maritime Code; and (ii) “seafarers’ misconduct”, that is, “serious breach of any of the responsibilities from the employment agreement”, under section 20(3) of the national collective agreement. The Committee requested the Government to provide information on the procedure to be followed and the standard of proof to be applied before any seafarer covered by the Convention can be found to be in “serious default of the seafarers employment obligations” pursuant to Standard A2.5.1, paragraph 3. Noting the absence of information in this respect, the Committee reiterates its request.

Regulation 2.5 and Standard A2.5.2. Financial security. The Committee requested the Government to provide information on the implementation of the 2014 amendments to the Code of the Convention. The Committee notes the Government’s reference to the Ordinance on implementation of the MLC, 2006, which entered into force on 18 January 2017 and implements the requirements of Standard A2.5.2. The Committee takes note of this information, which addresses its previous request.

Regulation 3.1 and the Code. Accommodation and recreational facilities. Noting that Part 20 of the Rules for statutory certification of ships on protection at work and crew accommodation (Official Gazette No. 54/15) provides for the possibility for the competent authority to grant exemptions pursuant to Standard A3.1, paragraphs 9(a), (m), 10(a), 15 and 19 of the Convention without providing for the previous consultation with the shipowners’ and seafarers’ organizations concerned, the Committee requested the Government to provide information on how such consultations are ensured for the granting of exemptions. The Committee notes the Government’s reference to the Rules for statutory certification of ships – Protection at work and crew accommodation (Official Gazette 32/18), which repeals the previous Rules for statutory certification (Official Gazette No. 54/15). It notes that the new Rules substantially contain the same provisions of the previous and allow recognized organizations (ROs) with the permission of the Ministry, to grant the above-mentioned exemptions. Noting that such Rules, as the former, do not require previous consultation with the shipowners’ and seafarers’ organizations concerned, the Committee requests the Government to indicate the measures taken to ensure full compliance with the requirements of the Convention.

The Committee requested the Government to provide information on the implementation of Standard A3.1, paragraph 3 (inspections on accommodation), and paragraph 11(b), (d) and (f) (sanitary facilities). In relation to inspections, noting that the Government refers to provisions implementing Standard A3.1, paragraph 18, the Committee requests the Government to indicate the provisions ensuring that the inspections required under Regulation 5.1.4 are carried out when a ship is registered or pre-registered or when the seafarer’s accommodation on a ship has been substantially altered, as required by Standard A3.1, paragraph 3. The Committee notes that the provisions of the Rules for statutory certification of ships – Protection at work and crew accommodation (Official Gazette 32/18) mostly implement the requirements of Standard A3.1, paragraph 11(b) and (f). However, it notes that sections 3.5.6 and 3.3.22 are not in full conformity with Standard A3.1, paragraph 11(d) that: i) also applies to ships under 3,000 GT which are not passenger ships; and ii) provides that each sleeping room shall be provided with a washbasin except where such a washbasin is situated in the private bathroom provided. The Committee requests the Government to indicate the measures taken to ensure full conformity with Standard A3.1, paragraph 11(d).

Regulation 3.2 and the Code. Food and catering. The Committee requested the Government to provide information on how it gives effect to the requirements of Standard A3.2, paragraphs 1 and 2. The Committee notes the Government’s reference to the collective agreement 2019-2020, which has a limited scope of application (Croatian seafarers engaged in international navigation). Accordingly, the Committee requests the Government to adopt the necessary measures to ensure full compliance with Standard A3.2, paragraphs 1 and 2 on minimum standards for the quantity and quality of food and drinking water and catering standards with respect to all seafarers working on ships covered by the Convention.

Regulation 3.2 and Standard A3.2, paragraphs 3 and 4. Ships’ cooks. Noting that section 38 of the “Ordinance on ranks and certification of seafarers” (Official Gazette No. 130/13), as amended, provides for an exception to the requirement to obtain a certificate of competence as ship’s cook, which is not in conformity with the Convention, the Committee requested the Government to ensure that seafarers who are engaged as ships’ cooks are trained, qualified and found competent for the position, as required by Standard A3.2, paragraph 3. Noting that the Government has provided no new information in this regard, the Committee requests it to adopt the necessary measures to ensure full compliance with Standard A3.2, paragraph 3.

Regulation 4.1 and the Code. Medical care. The Committee requested the Government to indicate how it implements Standard A4.1, paragraphs 1 and 4(c) and (d) of the Convention. The Committee notes the Government’s reference to the provisions of the collective agreement 2019-2020. Noting that the collective agreement has a limited scope of application, the Committee requests the Government to adopt the necessary measures to ensure that all seafarers covered by the Convention have, free of charge, the right to prompt and adequate medical care while working on board as well as to visit a qualified medical doctor or dentist without delay in ports of call, where practicable, as comparable as possible to workers ashore (Regulation 4.1 and Standard A4.1, paragraph 1). The Committee also requests the Government to provide information on the legislation implementing Standard A4.1, paragraph 4(c) (seafarer competent to provide medical first aid).

Regulation 4.2 and the Code. Shipowners’ liability. The Committee requested the Government to indicate how it implements, with respect to all seafarers covered by the Convention, all the requirements of Standard A4.2.1, paragraphs 1 and 7 of the Convention. The Committee notes the Government’s reference to the provisions of the collective agreement 2019-20. In this respect, the Committee recalls again that Standard A4.2.1 should be implemented through laws and regulations. The Committee further reiterates that section 145(5) of the Maritime Code relating to shipowner’s liability for damages caused by physical injury or death of a crew member or due to health impairment: (a) appears not to apply to foreign seafarers on board Croatian-flagged ships; and (b) provides that the shipowner is not liable when he “provides evidence that damages have occurred through no fault of his.” In relation to the latter, the Committee observes that section 145(5) is not in compliance with the Convention as long as the liability of the shipowner may only be excluded in the circumstances listed under Standard A4.2.1, paragraph 5. The Committee requests the Government to provide information on the laws and regulations adopted to fully implement Standard A4.2.1, paragraphs 1, 3 and 7 in relation to all seafarers, including foreign seafarers, working on board Croatian-flagged ships.

Regulation 4.2 and Standards A4.2.1 and A4.2.2. Shipowners’ liability. Financial security in the event of death or long-term disability. The Committee requested the Government to provide information on the implementation of the 2014 amendments to the Code of the Convention. The Committee notes the Government’s reference to the Ordinance on implementation of the MLC, 2006 which implements the requirements of Standard A4.2.1, paragraphs 8-14 and Standard A4.2.2. The Committee takes note of this information, which addresses its previous request.

Regulation 4.3 and Standard A4.3, paragraphs 1 and 2. Health and safety protection and accident prevention. The Committee requested the Government to indicate how it ensures that laws and regulations and other measures on health and safety protection and accident prevention on board ships: (i) cover all seafarers protected by the Convention; and (ii) implement Standard A4.3, paragraphs 1 and 2. The Committee notes the Government’s indication that the Ministry of Sea, Transport and Infrastructure shall adopt the amendments to the Ordinance on implementation of the MLC, 2006 in order to implement this provision of the Convention in a more understandable manner. The Committee requests the Government to indicate the measures taken to fully implement Standard A4.3, paragraphs 1 and 2 (including the requirement of a ship’s safety committee on board) with regard to all seafarers covered by the Convention.

Regulation 4.3, paragraph 2. National guidelines. The Committee requested the Government to provide information on the implementation of Regulation 4.3, paragraph 2. Noting that the Government provides no information in this respect, the Committee once again requests it to indicate the measures adopted to develop the required national guidelines, after consultation with the concerned representative shipowners’ and seafarers’ organizations.

Regulation 4.5 and the Code. Social security. Protection of residents working on ships flying a foreign flag. The Committee requested the Government to provide information on how it is ensured that all seafarers ordinarily resident in Croatia, and, to the extent provided for in the relevant legislation, their dependants are granted social security coverage in the branches specified, which is no less favourable than that enjoyed by shoreworkers resident in Croatia. The Committee notes the Government’s indication that for seafarers engaged in national navigation, the employers are required to pay their contributions as for all other workers ashore. Based on this mechanism, the seafarers are entitled to use all social benefits guaranteed by the Convention and national legislation. With regard to the difference between seafarers engaged in national and international navigation as to the payment of social security contributions, the Committee encouraged the Government to explore mechanisms to ensure that the employer’s social security contributions for seafarers engaged in international navigation are paid by the shipowner. The Committee notes the Government’s indication that seafarers engaged in international navigation are self-contributing payers who shall pay contributions based on special rates for seafarers in amounts that are more favourable than for other workers in Croatia. The Government also reiterates that for seafarers engaged in international navigation working on ships flying a foreign flag and employed by foreign companies, Croatia has no jurisdiction and it is not possible to enjoin any obligation on foreign entities. The Committee observes that under section 129, paragraph 2, of the Maritime Code, the registration of the compulsory pension scheme and the compulsory health insurance of the seafarer engaged in international navigation, whose employer is a domestic corporate entity, and the cancellation thereof shall be made by the employer. Under paragraphs 8 and 10 of section 129 and section 129a, contributions are paid by the seafarer and the employer shall not be liable to pay them. The Committee requests the Government to indicate the measures taken to ensure that all seafarers resident in Croatia engaged in international navigation, whose employer is a domestic entity, as well as their dependants are entitled to social security benefits not less favourable than those enjoyed by shoreworkers.

Regarding seafarers resident in Croatia working on ships flying a foreign flag, the Committee recalls the Governments’ obligation to provide social protection to all seafarers ordinarily resident in its territory. Under Standard A4.5, paragraph 3, this responsibility could be satisfied, for example, through appropriate bilateral or multilateral agreements or contribution-based systems. The Committee accordingly requests the Government to provide statistics on the number of those seafarers, as well as information on any bilateral or multilateral agreements covering social security of seafarers.

Regulation 5.1.3 and the Code. Invalidity and withdrawal of the maritime labour certificate. Noting that Item 4.4.7.2 of the statutory certification in accordance with the MLC, 2006 – Procedure QP7.5.1-17 on the invalidation and withdrawal of the MLC, 2006, does not differentiate between the cases of invalidity and withdrawal of the certificate, the Committee requested the Government to indicate how it ensures compliance with the Convention. The Committee notes the Government’s information that a maritime labour certificate shall be withdrawn by the Flag State Administration or by the RO when duly authorized for this purpose by the Flag state, if there is evidence that the ship concerned does not comply with the requirements of the MLC, 2006. The Committee requests the Government to provide information on the applicable legislation. The Committee observes that Item 4.4.7.2 of the statutory certification in accordance with the MLC, 2006 (Procedure QP7.5.1-17) does not include all the cases listed in Standard A5.1.3, paragraph 14 for the invalidity of a certificate and in turn lists elements which bring to the withdrawal of the certificate under the Convention (e.g. absence of corrective action). Recalling that the invalidity and withdrawal of a maritime labour certificate occur under different circumstances, respectively provided under Standard A5.1.3, paragraph 14 and Standard A5.1.3, paragraphs 16 and 17, the Committee requests the Government to take the necessary measures to ensure full conformity with these requirements of the Convention.

Regulation 5.1.4 and Standard A5.1.4, paragraph 7(c). Grounds for detention of a ship. The Committee notes that, in response to a request for information on how Standard A5.1.4, paragraph 7(c), of the Convention is implemented, the Government refers to Annex X – Criteria for detention of a ship - Areas covered by the MLC, 2006 Convention of the Ordinance on ship inspection (Official Gazette No. 39/11, 112/14, 33/15, 86/15, 32/20). The Committee notes, however, that Annex X appears to only apply to inspections on foreign ships. It further notes that, according to paragraph 2(11) of Annex XXV of the same Ordinance (criteria for prohibition of ship departure), where deciding whether the deficiencies found are serious enough to justify detention, the inspector must determine whether the vessel ensures healthy and safe living and working conditions on board for the next voyage. The Committee requests the Government to clarify whether pursuant to paragraph 2(11) of Annex XXV of the Ordinance on ship inspection, a serious breach of the requirements of the Convention is considered a ground for detention of the ship. It also requests the Government to indicate whether the provisions of Standard A5.1.4 have been included in any guidelines for Flag State inspectors.

Regulation 5.1.5 and the Code. On-board complaints. The Committee requested the Government to provide information on the implementation of Regulation 5.1.5, paragraph 2 of the Convention. Noting that the Government provides no information in this respect, the Committee requests it to take the necessary measures to ensure that victimization of seafarers for filing a complaint is prohibited and penalized as required by Regulation 5.1.5, paragraph 2 of the Convention.

Regulation 5.1.6. Marine casualties. The Committee previously noted that under the “Regulation on the manner and conditions for performing safety investigation of maritime accidents and incidents” (Official Gazette No. 122/15), an investigation shall be carried out in cases of very serious marine accidents (i.e. those which may imply the death, total loss of the ship or serious pollution), while investigation is optional in other cases of accidents. Recalling that under Regulation 5.1.6, paragraph 1 each Member shall hold an official inquiry into any serious marine casualty, leading to injury or loss of life that involves a ship that flies its flag, the Committee requested the Government to indicate how it gives full effect to this provision of the Convention. Noting that the Government provides no information in this respect, the Committee again requests it to indicate how it gives full effect to Regulation 5.1.6, paragraph 1 in case of any serious marine casualty leading to injury.