Demande directe (CEACR) - adoptée 2002, publiée 91ème session CIT (2003)

The Committee notes the report provided by the Government and requests it to supply further particulars on the following points.

Article 2 of the Convention. The Committee notes that, by virtue of section 4 of Decree No. 93-1342 of 28 December 1993 respecting the conditions for exercising the functions of skipper and officer on board commercial, fishing and pleasure vessels, fishing is subdivided into four categories, including coastal fishing, for which a specific system has been established. The Government is requested to indicate whether fishing vessel owners’ and fishermen’s organizations were consulted in the establishment of the legal rules governing coastal fishing.

Article 5, paragraph 2. The Government is requested to indicate the manner in which the operations and areas referred to in this Article have been defined by national laws or regulations.

Article 5, paragraph 5. The Committee notes that under section 5 of the above Decree, exceptions may be made to the rules applicable to competency certificates in cases of necessity and for a limited period upon production of a reasoned request by the owner of the vessel or the latter’s representative, and with the agreement of the competent maritime authority. The Government is requested to indicate, firstly, whether fishing vessels have been authorized to put to sea under such circumstances and, secondly, the manner in which the competent maritime authorities ensure that, when exceptions are made to the rules respecting competency certificates, no risk is incurred by allowing the vessel to put to sea.

Article 6, paragraph 1(b). The Committee notes that, in accordance with Decree No. 93-1342, the discharge of the functions of mate requires possession of a certificate of officer on a fishing vessel, and that candidates for the certificate must be at least 18 years of age. It recalls that under the terms of the Convention the minimum age required by national regulations for the issue of a certificate of competency shall not be less than be 19 years in the case of a mate and it requests the Government to report the measures that it intends to take in order to bring its legislation into conformity with the Convention.

Article 7. The Committee notes that, by virtue of Decree No. 93-1342, discharge of the duties of mate requires for all vessels, except for deep-sea fishing vessels, the possession of a certificate of officer on a fishing vessel, and that the candidates for the above certificate must have completed 18 months of actual sea service engaged in deck duties. The Committee recalls that the Convention requires that the minimum professional experience prescribed by national laws or regulations for the issue of a mate’s certificate of competency shall be not less than three years’ sea service engaged in deck duties. It therefore requests the Government to indicate the measures that it intends to take in order to bring its legislation into conformity with the Convention.

Article 9, paragraph 4. Please indicate whether use is made of the possibility of replacing a part of the qualifying period required for the issue of an engineer’s certificate of competency by the period for which the candidate has worked in an engineering workshop.

Article 15. The Government is requested to indicate the cases in which penalties or disciplinary measures are prescribed by national laws or regulations in pursuance of this Article of the Convention, and the nature of the penalties or disciplinary measures to be applied in cases in which these laws or regulations are not respected.

Part VI of the report form. The Government is requested to indicate the representative organizations of employers and workers to which copies of its last report were communicated, in accordance with article 23 of the Constitution of the International Labour Organization.