Demande directe (CEACR) - adoptée 1995, publiée 82ème session CIT (1995)

The Committee notes the Government's report which, for the most part, contains the same information as previously. However, it notes the information that the vessels of over 1,000 tonnes are passenger ferries which make short journeys between Uruguay and Argentina, which is why they are included in the exceptions provided for by the Convention. The Committee draws the Government's attention to the fact that there may only be exceptions to or departures from the provisions of the Convention in the case of seagoing vessels used for short journeys when: (a) members of the crew are able to go home or make use of comparable facilities for part of each day; (b) the competent authority has consulted the organizations of shipowners, shipowners, or both, and bona fide seafarers' organizations; and (c) account has been taken of the need for accommodation for staff not on duty (Article 1, paragraph 7(c), of the Convention). Furthermore, the Committee asks the Government to provide particulars of its merchant fleet in the light of the information contained in the "World Fleet Statistics" of Lloyds Register of December 1993, which indicates that Uruguay has 21 cargo vessels with a total tonnage of 120,358 tonnes.

The Committee refers to its previous comment in which it noted that the legislation sent with the Government's previous report did not apply the provisions of the present Convention.

The Committee draws the Government's attention to the requirement set out in Article 4, paragraph 1, of the Convention that each Member for which the present Convention is in force shall undertake to maintain in force laws or regulations which ensure its application. It would be grateful if in its next report the Government would state whether there is any legislation of this kind and, if so, provide a copy of it. Please also give detailed information on the measures taken to give effect to Articles 4 to 17 of Convention No. 92 (see Article 3 of the present Convention), with reference to Annex III of the report form. In particular, the Committee would be grateful if the Government would provide particulars of the procedure for submitting complaints to the competent authority (Article 5(c) of Convention No. 92) and indicate the measures taken or envisaged to establish standards for heating (Article 8 of Convention No. 92). Furthermore, as regards the present Convention, please provide information on the following points:

Articles 1, paragraph 3, and 5 to 7 of the Convention. Please provide the information required by the report form regarding these provisions of the Convention.

Article 4, paragraph 2. The Committee notes that the Technical Committee of the "Prefectura Nacional Naval" is the authority responsible for framing the prescriptions and rules to be complied with by shipowners in the construction and regular maintenance of vessels registered in the country, and for supervising compliance with international agreements (section 2(j) and (n) of the Regulations of the Technical Committee of the Registration Board and Merchant Marine, approved by Decree No. 302/983). The Committee would be grateful if the Government would provide particulars of any provisions adopted concerning consultations and cooperation with the parties concerned and on the operation of the inspection service as it relates to the application of the Convention.

Article 11, paragraph 5. The Committee notes the information to the effect that no standards have been fixed for natural and artificial lighting. Please indicate the measures taken or envisaged to give effect to this provision of the Convention.

Point IV of the report form. Please provide general information on how effect is given to the Convention and state the number of seafarers covered by the measures giving effect to the Convention.