Maritime Labour Convention, 2006 (MLC, 2006) - Portugal (RATIFICATION: 2016)

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Previous comment

The Committee notes the Government’s second report on the application of the Maritime Labour Convention, 2006, as amended (MLC, 2006) and the observations of the Association of Merchant Shipping Shipowners (AAMC) communicated with the Government’s report. It also notes that the amendments to the Code of the Convention approved in 2014 and 2018 by the International Labour Conference will enter into force for Portugal on 13 December 2023, and that the amendments approved in 2016 will enter into force for Portugal on 18 April 2024.

Article II, paragraphs 1(f) and 2 of the Convention. Definitions and scope of application. Seafarers. In reply to the Committee’s previous comment, the Government indicates that non-maritime individuals performing functions of a permanent nature and in constant mutation, embarked on vessels engaged in local passenger traffic are people who provide various services on board, such as bar service, or cleaning, not linked to the shipowner, but to companies subcontracted to provide various services to the ship, passengers and/or shipowner and whose “rotation” is exclusively controlled by the service provider. While noting this information, the Committee is bound to recall that for the purpose of the Convention, “seafarer” means any person who is employed or engaged or works in any capacity on board a ship to which this Convention applies, including catering and cleaning staff and other personnel employed by third contractors. The Committee accordingly requests the Government to take the necessary measures to ensure that in all vessels to which the Convention apply, seafarers in charge of general and complementary services not directly linked to the navigation are considered seafarers in the laws and regulations implementing the Convention.

Cadets. In reply to the Committee’s previous comment, the Government indicates that cadets are designated as trainee officers according to section 15 of ordinance 235/2020, and as such are considered as seafarers. The Committee takes note of this information, which addresses its previous request.

Article II, paragraphs 1(i) and 4. Definitions and scope of application. Ships. The Government indicates in its reply that, according to section 26(1) of Decree-Law No. 265/72, of 31 July of 1972, as amended, local traffic vessels are those that operate within ports and their respective rivers, estuaries, lakes, lagoons and stretches and, in general, within the inland waters of the area of jurisdiction of the captaincy or maritime delegation in which they are registered. The Committee observes, however, that local vessels may operate in coastal navigation (section 26(2)). The Committee recalls that the MLC, 2006, does not contain the concept of “coastal waters” and that ships excluded from the scope of application with respect of the navigational area are defined under Article II, paragraph 1(i).Recalling that, under the Convention, a ship means a ship other than one which navigates exclusively in inland waters or waters within, or closely adjacent to, sheltered waters or areas where port regulations apply, the Committee requests the Government to explain the meaning and extent of the expression “ships engaged in coastal navigation”.

Regulation 1.1 and Standard A1.1, paragraphs 2 and 3. Minimum age. Night work. In reply to the Committee’s previous comment, the Government indicates that section 14(1) of Law No. 146/2015, of 9 September 2015 constitutes special legislation for seafarers and, as such, prevails over the general provision included in section 223 of the Labour Code. According to section 14(1), persons under 18 years may not work on board between 10 p.m. on one day and 7 a.m. on the following day, or during a period provided for in collective labour regulations of at least nine consecutive hours covering an interval between zero and five o’clock. The Committee takes note of this information, which addresses its previous request.

Regulation 1.2 and Standard A1.2, paragraph 4. Medical Certificate. Qualified medical practitioner. In reply to the Committee’s previous comment, the Government indicates that sections 97 and 135 of the Statute of the Order of Physicians, approved by Decree-Law no. 282/77, of June 5 1977, as well as sections 6 and 7 of the Code of Ethics of the Portuguese Medical Association, approved by Regulation No. 707/2016, of 21 July 2016, provide for the technical and deontological independence which all doctors must observe when carrying out their professional activity. The Committee takes note of this information, which addresses its previous request.

Regulation 1.4 and Standard A1.4, paragraphs 2 and 5. Recruitment and placement. Private services. Requirements. In its reply to the Committee’s previous comment, the Government indicates that, to comply with the principle of equal opportunities in access to employment, recruitment and placement agencies may not use means, mechanisms or lists to prevent or impede seafarers from accessing jobs for which they are qualified, and refers to section 23 (1)(b) of Decree-Law No. 260/2009, of 25 September 2009, which prohibits recruitment agencies to practice any form of direct or indirect discrimination, under penalty of committing a very serious offense punishable by a fine up to 12,000 euros. The Committee takes note of this information. While noting the standardized procedure for the certification and inspection of seafarer recruitment and placement agencies, issued by the maritime authority (DGRM), provided by the Government, the Committee notes the observations submitted by AAMC alleging that several agencies are operating in Portugal for the recruitment and placement of seafarers without being certified for that purpose. AAMC further states that the modifications to Decree-Law No. 260/2009, of 25 September 2009 to ensure its application to seafarer recruitment and placement services were not preceded by consultations to AAMC, as required by Standard A1.4, paragraph 2 of the Convention. The Committee requests the Government to provide its comments in this regard. Noting that no information is provided on how the Government ensures that seafarer recruitment and placement services operating in its territory make sure, as far as practicable, that the shipowner has the means to protect seafarers from being stranded in a foreign port, the Committee further requests the Government to indicate how it complies with this requirement of the Convention (Standard A1.4, paragraph 5(c)(iv)).

Regulation 1.4 and Standard A1.4, paragraph 5(c)(vi). Recruitment and placement. System of protection. The Committee notes the Government’s reply to its previous comment, indicating that the issue is under review and referring to the standardized procedure for the certification and inspection of seafarer recruitment and placement agencies, issued by the maritime authority (DGRM). Such procedure establishes that, following inspection and favourable opinion issued by the DGRM regarding compliance with the requirements of Standard A1.4, the private recruitment agency must, within 15 days, present a certificate of constitution of a guarantee on behalf of the Maritime Administration as provided for, with the necessary adaptations, in section 18 of Decree-Law No. 260/2009, of 25 September 2009, in its most up-to-date version. The Committee notes, however, that the financial security referred to in section 18 only guarantees the agency’s responsibility for the repatriation of the seafarer, up to six months after it has been placed, and does not encompass all the situations that must be covered by the system of protection provided for in Standard A1.4, paragraph 5(c)(vi) of the Convention. The Committee requests the Government to adopt the necessary measures to fully implement this provision of the Convention.

Regulation 2.1 and Standard A2.1, paragraph 1. Seafarers’ employment agreements. Requirements. The Committee notes the Government’s reply that, in addition to the employment contract on board ship, in which there is a relationship of legal subordination (section 7), section 8 of Act No. 146/2015, of 9 September 2015, provides that such Act and the requirements of the Convention are also applicable to service contracts on board ship, meaning in cases of self-employment, where the seafarer undertakes to provide the other with a certain product or result of their work. The Government states that this ensures that all seafarers within the meaning of Article II of the Convention are covered by the above-mentioned Act. The Committee further notes that section 9 of the Labour Code establishes that its provisions are subsidiarily applicable to employment contracts with special regimes, such as seafarers’ employment contracts on board ships. The Committee takes note of this information. The Committee further notes that, as indicated by the Government in its reply, section 27 of Act No. 146/2015 implements Standard A2.1, paragraph 1(d).The Committee takes note of this information, which addresses its previous request.

Regulation 2.1 and Standard A2.1, paragraph 6. Seafarers’ employment agreements. Termination. Shorter notice period for urgent reasons. Noting the Government’s indication that the issue is under review, the Committee reiterates its previous request.

Regulations 2.1 and 2.2 and Standards A2.1, paragraph 7 and A2.2, paragraph 7. Seafarers’ employment agreements and wages. Captivity as a result of acts of piracy or armed robbery against ships. The Committee notes with interest that sections 2, 20 and 21-C of Act No. 146/2015 have been amended to incorporate into the national legislation provisions giving effect to the 2018 amendments to the Code of MLC, 2006. The Committee takes note of this information.

Regulation 2.3 and Standard A2.3, paragraph 2. Hours of work and hours of rest. Limits. Noting the Government’s indication that the issue is under review, the Committee reiterates its previous request.

Regulation 2.3 and Standard A2.3, paragraph 3. Hours of work and hours of rest. Normal working hours’ standard. In its reply to the Committee’s previous comment, the Government indicates that matters not regulated by Act No. 146/2015 are subsidiarily regulated by the Labour Code, which provides for 13 mandatory public holidays (section 234). The Committee requests the Government to provide detailed information on the manner in which section 234 of the Labour code is applied to seafarers. The Committee notes the Government’s indication that hours of work of young seafarers are regulated by sections 73 and 77 of the Labour Code, which provide that their working hours must not exceed eight hours per day and 40 hours per week, and that there must be a daily break of 1 to 2 hours to ensure that the young seafarer does not work longer than four and a half consecutive hours. The Government further indicates that it is giving consideration to Guideline B2.3.1, paragraph 1(c) of the Convention. The Committee takes note of this information and requests the Government to provide information on any developments on this issue.

Regulation 2.3 and Standard A2.3, paragraph 14. Hours of work and hours of rest. Immediate safety and distress at sea. The Committee notes that section 15(4) of Act No. 146/2015 allows for the suspension of the schedule of hours of rest to perform work for drills, customs procedures, quarantine or other health requirements. The Committee requests the Government to ensure that any suspension of the schedule of the hours of rest for reasons provided under section 15(4) of Act No. 146/2015, only occurs when it is necessary for the immediate safety of the ship, persons on board or cargo or for the purpose of giving assistance to other ships or persons in distress at sea, as permissible under paragraph 14 of Standard A2.3 of the MLC, 2006.

Regulation 2.4 and Standard A2.4, paragraphs 1 and 2. Entitlement to leave. Method of calculation. In reply to the Committee’s previous comment, the Government indicates that section 17(1) of Act No. 146/2015, of 9 September 2015, provides for the application to seafarers of the leave regime established in the Labour Code in all that is not stipulated in such section. Noting that the provisions in the Labour Code are of a general nature, the Committee requests the Government to adopt measures to ensure that national laws and regulations take proper account of the special needs of seafarers, indicating how it has given due consideration to Guideline B2.4. With regard to justified absences (Standard A2.4, paragraph 2), the Government indicates that they do not affect any of the worker’s rights (sections 65(1) and (2) and 255(1) of the Labour Code), and leave does not start or is suspended when the worker is temporarily impeded by illness or any other reason for which he is not responsible, provided that the employer is notified (section 244). The Committee takes note of this information.

Regulation 2.4 and Standard A2.4, paragraph 3. Prohibition to forgo paid annual leave. Exceptions. Noting the Government’s indication that this matter is being revised, the Committee requests the Government to take the necessary measures to ensure that any exceptions to the prohibition of agreements to forgo the minimum annual leave are only authorized by the competent authority in exceptional circumstances, in order to guarantee the right of seafarers to enjoy a period of annual leave for the benefit of their health and well-being, and to prevent fatigue, vessel unseaworthiness and all risks related thereto.

Regulation 2.5 and Standard A2.5.1, paragraphs 1 and 2(a). Repatriation. Circumstances. The Committee notes the Government’s reply to its previous comment, that section 340 of the Labour Code provides that the employment contract can be terminated among others by expiry, revocation, termination by the employee with just cause (“resolução”) and termination by the employee regardless of just cause/resignation (“denúncia”), in addition to other modalities foreseen by law, such as those in section 20 of Act No. 146/2015. Section 20(1)(a) of Act No. 146/2015 provides for the right to repatriation in all situations of termination of the employment contract, except when the seafarer resigns, i.e. when the employment contract is terminated on the seafarer’s initiative regardless of just cause (sections 114 and 400 of the Labour Code). The Committee takes note of this information, which addresses its previous request.

Regulation 2.5 and Standard A2.5.1, paragraph 3. Repatriation. Prohibition of advance payment and to recover costs from seafarers. Noting the Government’s indication that the issue is under review, the Committee reiterates its previous request.

Regulation 2.5 and Standard A2.5.2. Repatriation. Financial security. The Committee notes with interest that Decree-Law No. 101-F/2020, of 7 December 2020 has incorporated into the national legislation provisions giving effect to the 2014 amendments to the MLC, 2006, with regards to the requirements of Standard A2.5.2. The Committee takes note of this information and requests the Government to provide a copy of a model certificate or other documentary evidence of financial security containing the information required in Appendix A2-I of the Convention (Standard A2.5.2, paragraph 7).

Regulation 2.6 and Standard A2.6, paragraph 1. Compensation for the ship’s loss or foundering. Unemployment Indemnity. In its reply to the Committee’s previous comment, the Government indicates that seafarers registered with the Portuguese social security system who find themselves in a situation of involuntary unemployment resulting from the loss of a ship or shipwreck, which has led to the expiry of their employment contract, will be entitled to unemployment benefit from the general social security system. The Committee requests the Government to take the necessary measures to ensure that in every case of loss or foundering of any ship, the shipowner shall pay to each and all seafarers on board, including those who are not required to contribute to the Portuguese social security system, an indemnity against unemployment resulting from such loss or foundering. The Committee requests the Government to indicate how it has given due consideration to Guideline B2.6 of the Convention in this respect.

Regulation 2.7 and the Code. Manning levels. Recalling that under Standard A2.7, paragraph 3, the competent authority shall take into account all the requirements of Regulation 3.2 and Standard A3.2 concerning food and catering, the Committee requests the Government to indicate the measures taken to give effect to this provision of the Convention. It also requests the Government to provide typical examples of a safe manning document or equivalent issued by the competent authority, together with information showing the type of ship concerned, its gross tonnage and the number of seafarers normally working on it (Standard A2.7, paragraph 1). Finally, the Committee requests the Government to provide information on the existing mechanisms to investigate and resolve any complaints or disputes regarding the minimum safety manning levels (Guideline B2.7.1).

Regulation 2.8 and the Code. Career and skill development and employment opportunities. The Committee notes that the National Strategy for the Sea and its Action Plan (2021–30) foresee the creation of incentives to boost highly qualified blue jobs, as well as measures to promote employment and to encourage career development of seafarers, including: (i) projects between social partners, education and training institutions and public administration to assess the skills needed for emerging maritime activities; (ii) training of seafarers in new technologies so that they benefit from new opportunities as technological developments occur; (iii) financial mechanisms to support on-board training for students of officer and master courses; and (iv) the promotion of equal access for women to the maritime professions by adopting measures to combat discrimination and inequality and to promote their employment. The Committee takes note of this information. The Committee also notes the Government’s indication, in reply to its previous comment, that although Ordinance no. 235/2020, of 8 October 2020 which establishes the functional content and requirements for access to the profession of seafarers has been published, approval is still awaited for the draft regulatory ordinances provided for in articles 20 and 31 of Decree-Law No. 166/2019, of 31 October 2019, concerning the training and certification of seafarers. The Committee requests the Government to provide a copy of such ordinances once adopted.

Regulation 3.1 and the Code. Accommodation and recreational facilities. Noting the Government’s indication that the issue is under review, the Committee reiterates its previous request.

Regulation 3.2 and Standard A3.2, paragraph 8. Food and catering. Ship’s Cook. Minimum Age. Noting the Government’s reply that it is awaiting the publication of the draft ordinance regulating article 31 of Decree-Law No. 166/2019 (certification of seafarers), the Committee requests the government to provide a copy of such legislation once available.

Regulation 4.1 and the Code. Medical care on board and ashore. The Committee requests the Government to provide information on the measures in place to ensure that seafarers are permitted by the shipowner/master to visit a qualified medical doctor or dentist without delay in ports of call, where practicable (Standard A4.1, paragraph 1(c)). The Committee notes that, according to section 21 of Act No. 146/2015, the shipowner must ensure and bear the costs for the treatment of a seafarer who, while on a voyage, suffers a natural illness or accident other than an occupational accident and requires treatment ashore outside national territory, including essential dental care. The Committee accordingly requests the Government to provide information on how it ensures that, in the case of occupational accidents and diseases, the shipowner bears the cost of medical care provided to all seafarers on board Portuguese flagged vessels when landed in a foreign port, irrespective of their nationality and place of residence. The Committee notes that there is no information on measures of health protection and medical care of a preventive character for seafarers working on board a ship. The Committee requests the Government to provide information on how it gives effect to Standard A4.1, paragraph 1(e). The Committee further requests the Government (i) to clarify whether medical and dental treatment, required medicine, and related care on board, including for occupational accidents and diseases, are provided to all seafarers free of charge, and to indicate the applicable provisions (Standard A4.1, paragraph 1(d)); (ii) to provide information on whether medical advice using radio or satellite, or other forms of communication is provided free of charge, 24 hours a day to all ships irrespective of the flag they fly; (iii) to send the standard medical report form for seafarers adopted pursuant to Standard A4.1, paragraph 2.

Regulation 4.2 and Standard A4.2.1, paragraph 1(d). Shipowners’ liability. Cost of burial expenses. The Committee observes that section 24(3) of Act No. 146/2015 foresees the liability of shipowners to pay the cost of burial expenses only in the event of the death of a seafarer not resulting from an occupational accident or illness. The Committee requests the Government to indicate how it gives effect to the requirement under Standard A4.2.1, paragraph 1(d), in all cases of death occurring on board or ashore during the period of engagement.

Regulation 4.2 and Standard A4.2.1, paragraph 5. Shipowners’ liability. Possible exclusion. The Committee takes note that, in reply to its previous comment, the Government provides information on the legislation governing compensation of occupational injuries. The Committee observes that, if the accident does not constitute a work accident or if the illness or accident results from an intentional act by the seafarer, section 21(8) of Act No. 146/2015 excludes the liability of the shipowner to pay wages to the seafarer as required by Standard A4.2.1, paragraph 3. The Committee recalls that Standard A4.2.1, paragraph 5, provides that national laws or regulations may only exclude the shipowner from liability in respect of: (a) injury (but not illness) incurred otherwise than in the service of the ship; (b) injury or sickness due to the wilful misconduct of the sick, injured or deceased seafarer; and (c) sickness or infirmity intentionally concealed when the engagement is entered into. The Committee requests the Government to indicate how it ensures that any exclusion of the responsibility of the shipowner is limited to the cases listed in Standard A4.2.1, paragraph 5.

Regulation 4.2, Standard A4.2.1, paragraphs 8 to 14, and Standard A4.2.2. Shipowners’ liability. Financial security. The Committee notes with interest that Decree-Law No. 101-F/2020, of 7 December 2020 has incorporated into the national legislation the provisions giving effect to the 2014 amendments to the MLC, 2006, with regards to the requirements of Standards A4.2.1 and A4.2.2. The Committee takes note of this information and requests the Government to provide a sample of an existing certificate or other documentary evidence of financial security containing the information required in Appendix A4-I of the Convention (Standard A4.2.1, paragraph 14).

Regulation 4.3 and the Code. Health and safety protection and accident prevention. The Committee takes note of the detailed information provided by the Government in reply to its previous comment, including legislation and documents giving effect to this Standard. It notes, however, that the Working Conditions Authority has published occupational safety and health (OSH) on board manuals developed by different seafarers’ representative organizations, which do not cover all the matters listed under Guideline B4.3.1. The Committee requests the Government to provide information on (i) any steps taken to develop and promulgate, after consultation with representative shipowners’ and seafarers’ organizations, national guidelines for occupational safety and health on board ships that fly its flag; and on (ii) how it gives consideration to Guideline B4.3.1, paragraph 4. Noting that there does not seem to be a requirement in the national legislation for a safety committee to be established on board a ship on which there are five or more seafarers, the Committee also requests the Government to indicate the measures taken to that end.

Regulation 4.4 and Standard A4.4, paragraphs 2 and 3. Development of shore-based welfare facilities in appropriate ports. Welfare boards. The Committee notes the Government’s information on the existing shore-based facilities in the Autonomous Region of Madeira. The Committee requests the Government to provide information on the measures taken to promote the development of shore-based facilities at appropriate ports in Continental Portugal and to encourage the establishment of welfare boards for regularly reviewing welfare facilities and services, as required by the Convention.

Regulation 4.5 and the Code. Social security. The Committee notes the legislative provisions and detailed information concerning the social security benefits afforded to seafarers, both with respect to the national shipping register and the international shipping register of Madeira (RIM) provided by the Government in reply to its previous comment, as well as on the monitoring of contributions made by shipowners and seafarers and on the established procedures for the settlement of disputes relating to social security. The Government also provides information on bilateral and multilateral arrangements in which Portugal participates regarding the provision of social security protection, including the maintenance of rights acquired or in the course of acquisition. The Committee also notes that seafarers and their dependents who are residents in Portugal have access to medical care as beneficiaries of the National Health Service. The Committee takes note of this information. The Committee notes, however, that unemployment benefit is only accessible to national or resident seafarers working on board Portuguese flagged ships and subject to mandatory social security contributions to the general scheme. It also notes that national seafarers working on board foreign flagged ships are only entitled to voluntary affiliation in the case of sickness, old age, maternity, occupational disease, invalidity and survivors’ benefit, and would need to bear alone the financial burden of both employer and employee’s contributions. The Committee requests the Government to provide information on the measures taken to ensure that social security protection referred to in paragraph 1 of the Standard A4.5 is extended to all seafarers ordinarily resident in Portugal, regardless of their nationality and regardless of the flag of the ships they work on, in a manner no less favourable than that enjoyed by shore workers, in accordance with Standard A4.5, paragraphs 2 and 3. The Government further indicates that it has not adopted new legislation for providing comparable benefits to non-resident foreign seafarers working on ships flying its flag, in the absence of adequate coverage in the branches referred to in paragraph 1 (Standard A4.5, paragraphs 6 and 7) and that no other legislative measures are currently planned to improve the benefits currently provided to seafarers or to extend social security protection for seafarers to branches not covered at present (Standard A4.5, paragraph 11).The Committee requests the Government to keep it informed on any future developments in this regard.

Regulation 5.1.4 and Standard A5.1.4, paragraph 16. Flag State responsibilities. Inspection and enforcement. Compensation in case of wrongful exercise of the inspectors’ powers. Noting the Government’s indication that the issue is under review, the Committee reiterates its previous request.

Regulation 5.1.6, paragraph 1. Flag State responsibilities. Marine casualties. Official inquiry. The Government indicates in its reply that, according to section 13(2)(d) of Decree-Law no. 44/2002, of 2 March 2002, it is the port captain’s responsibility, when exercising the functions of maritime authority, to carry out an investigation into maritime accidents and, in relation to accidents involving injury or death, to carry out the necessary procedural steps. At the end of the investigation, the report and conclusions are forwarded, where applicable, to the court (if there is a civil dispute), to the insurers involved, to the parties involved and their representatives if they so request, and to the Directorate-General for Maritime Authority. The Committee takes note of this information.

Regulation 5.2.1 and the Code. Port State responsibilities. Inspections in port. Noting the absence of reply or information on this issue in the Government’s report, the Committee reiterates its previous request for the Government to provide all the relevant information in this respect.

[The Government is asked to reply in full to the present comments in 2026 .]

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The Committee notes the Government’s first report on the application of the Maritime Labour Convention, 2006, as amended (MLC, 2006) and the supplementary information provided in light of the decision adopted by the Governing Body at its 338th session (June 2020). It further notes that the Government previously ratified eleven Conventions on maritime labour, which have been denounced following the entry into force of the MLC, 2006, for Portugal. It notes that Portugal has not submitted a declaration of acceptance of the amendments to the Code of the Convention approved in 2014 by the International Labour Conference and is therefore not bound by these amendments. The Committee further notes, concerning the amendments to the Code approved by the International Labour Conference in 2016, that Portugal has indicated that it will be bound by them only after a subsequent express notification of their acceptance. The Committee notes the efforts undertaken by the Government to implement the Convention. Following a first review of the information and documents available, the Committee draws the Government’s attention to the following issues. If considered necessary, the Committee may come back to other matters at a later stage.

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 October 2020 and 26 October 2020, respectively, 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 pandemic on the respect of seafarers’ rights as laid out in the Convention, the Committee refers to its general observation of 2020 on this issue.

Article II, paragraph 1(f) and 2 of the Convention. Definitions and scope of application. Seafarers. The Committee notes the Government’s indication that, according to Act No. 146/2015 of 9 September 2015, Section 2 (e), “seafarer” means any person who is employed or engaged or works in any capacity on board a ship to which such Act applies. The Committee also notes that Section 2, paragraph 2 of the Act No. 146/2015 states that shall not be regarded as seafarers persons whose work is not part of the ship’s routine, and any other workers whose work on board is sporadic and brief and who normally work on land, notably, scientists, researchers, invited artists. The Committee further notes that the categories of workers not to be regarded as seafarers included in Section 2, paragraph 2 of the Act No. 146/2015 are the same as those listed in Resolution concerning information on occupational groups, adopted at the 94th session of the International Labour Conference (2006). The Committee also notes that, according to Section 7, paragraph 3 of the Ordinance No. 231/2020 of 30 September 2020, the embarkation of non-maritime individuals on vessels engaged in local passenger traffic, for the performance of functions of a permanent nature and in constant mutation, does not require adding their identification to the list of the crew as per requirements of the paragraph 2 of the same Section. The Committee draws the Government’s attention to the definition of “seafarer” under Article II, paragraph 1(f), which covers “any person who is employed or engaged or works in any capacity on board a ship to which this Convention applies”. This encompasses not only crew members sensu stricto, but also other persons working in any capacity on board ships, such as personnel of cruise ships (for example, catering and hotel staff). The Committee requests the Government to explain what is intended by non-maritime individuals performing functions of a permanent nature and in constant mutation, embarked on vessels engaged in local passenger traffic”. Noting that there was no specific information provided regarding cadets, the Committee also requests the Government to indicate whether cadets are regarded as seafarers under its national legislation and therefore fully enjoy the protection afforded by the Convention.

Article II, paragraph 1(i) and 4. Definitions and scope of application. Ships. The Committee notes Section 8, paragraph 3 of Legislative Decree No. 166/2019, 31 October 2019, according to which for seafarers wishing to provide service on board vessels registered as local vessels, the presentation of medical certificates is not required, without prejudice to the fact that their health status must be proven by the companies or shipowners that operate the said vessels. In this respect, the Committee recalls that a medical certificate is to be issued to any person who is employed or engaged or works in any capacity on board a ship as defined by Article II, paragraph 1(i) and 4. The Committee therefore requests the Government to explain what is intended by “local vessels” and whether they fall within the scope of application of the Convention.

Regulation 1.1 and Standard A1.1, paragraphs 2 and 3. Minimum age. Night work. The Committee notes the Government’s indication that, according to Section 223 of the Labour Code, “night” is defined as a period of seven to eleven hours, including the period between midnight and 5 a.m. The period of night work may be established in a collective labour regulation instrument. If not otherwise stated, it shall start at 10 p.m. of one day and end at 7 a.m. of the following day. Noting that the Labour Code allows for periods of seven hours to be considered as night work, the Committee recalls that, in accordance with Standard A1.1, paragraph 2, “night” shall cover a period of at least nine hours. The Committee therefore requests the Government to modify its national legislation in order to ensure full compliance with the requirements of Standard A1.1, paragraph 2.

Regulation 1.2 and Standard A1.2, paragraph 4. Medical Certificate. Qualified medical practitioner. The Committee notes the Government’s indication that all doctors who issue medical certificates must be specialists in occupational health or, if they are not, be a general practitioner employed by a National Health Service health center. The Committee also notes relevant provisions of Legislative Decree No. 166/2019 of 31 October and Ordinance No. 101/2017 of 7 March 2017 in relation to medical examination, right to appeal and recognition process of the qualified practitioners. Noting that no information has been provided regarding professional independence in exercising their medical judgement in undertaking medical examination procedures, as well as regarding independence of members of medical board to which a refusal to issue a medical certificate may be appealed, the Committee requests the Government to indicate relevant provisions implementing these requirements or measures undertaken in this respect (Standard A1.2, paragraph 4).

Regulation 1.4 and Standard A1.4, Paragraph 5 (a). Recruitment and placement. Noting that no information has been provided in this respect, the Committee recalls that, in accordance with Standard A1.4, paragraph 5 (a), a Member shall in its laws and regulations or other measures at a minimum prohibit seafarer recruitment and placement services from using means, mechanisms or lists intended to prevent or deter seafarers from gaining employment for which they are qualified. The Committee accordingly requests the Government to indicate how it gives effect to the requirements of Standard A1.4, paragraph 5(a) of the Convention.

Regulation 1.4 and Standard A1.4, Paragraph 5(c)(vi). Recruitment and placement. System of protection. The Committee notes the Government’s reference to Section 47 of Act No. 146/2015 of 9 September 2015 and Legislative Decree No. 260/2009 of 25 September 2009, Section 24, paragraph 5, according to which agencies that handle the recruitment and placement of seafarers shall set up an insurance scheme, to be regulated by an ordinance issued by the Government members responsible for finance and labour, to ensure the payment of compensation for damage to seafarers’ property arising from the agency's or the shipowner's failure to meet its obligations. Noting that no further information has been communicated in this respect, the Committee requests the Government to provide a copy of the aforementioned ordinance implementing requirements of Standard A1.4, paragraph 5(c)(vi).

Regulation 2.1 and the Code. Seafarers’ employment agreements. Regarding the seafarers’ employment agreements, the Committee notes the Government’s reference to Sections 7 and 8 of Act No. 146/2015 and section 9 of the Labour Code, which appear to lay down different regimes. Although Section 7 refers to employment agreements for work on board ships, the Committee notes that Section 8 foresees a different regime for seafarers working under service agreements and that Section 9 refers to employment agreements for special regimes. The Committee consequently requests the Government to clarify the difference between the contractual regimes applicable onboard ship as well as to specify the categories of seafarers or other workers concerned by these regimes. It further requests the Government to indicate whether there are sufficient safeguards in place to ensure that all provisions of the MLC, 2006, and, in particular, those prescribed by Regulation 2.1 and the Code, are applicable to all seafarers within the meaning of the Convention.

Regulation 2.1 and Standard A2.1, paragraph 1(d). Seafarers’ employment agreement. A copy of the agreement on board. The Committee notes the Government’s indication that Section 7(5) of Act No. 146/2015 foresees that, while aboard the ship, seafarers shall have a copy of their employment agreements in their possession. The Committee notes that this provision imposes an obligation on the seafarer, while paragraph 1 (d) of Standard A2.1 places such obligation on the shoulders of the shipowner, prescribing that measures shall be taken to ensure that clear information as to the conditions of their employment can be easily obtained on board by seafarers, including the ship’s master, and that such information, including a copy of the seafarers’ employment agreement, is also accessible for review by officers of a competent authority, including those in ports to be visited. The Committee accordingly requests the Government to indicate the measures adopted or envisaged to give full effect to these provisions of the Convention (Standard A2.1, paragraph 1(d)).

Regulation 2.1 and Standard A2.1, paragraph 6. Seafarers’ employment agreement. Termination. Shorter notice period for urgent reasons. The Committee notes the Government’s reference to Sections 344 and 345 of the Labour Code related to termination of employment agreements Noting the Government’s indication that a notice period shorter than the minimum is not foreseen in its legal system, the Committee recalls that Standard A2.1, paragraph 6, provides that a notice period shorter than the minimum may be given in circumstances which are recognized under national law or regulations or applicable collective bargaining agreements as justifying termination of the employment agreement at shorter notice or without notice. In determining those circumstances, each Member shall ensure that the need of the seafarer to terminate, without penalty, the employment agreement on shorter notice or without notice for compassionate or other urgent reasons is taken into account. The Committee therefore requests the Government to indicate the measures taken or envisaged to give effect to these requirements of the Convention.

Regulation 2.3 and Standard A2.3, paragraph 2. Hours of work and hours of rest. The Committee notes the Government’s reference to Section 10 of Act No. 146/2015, pursuant to which seafarers' work shall be subject to, alternately, the maximum hours of work or the minimum hours of rest. The decision to base the work of seafarers on hours of work or hours of rest shall be made through a collective agreement, in the employment agreement or, in their absence, by the shipowner. The Committee recalls in this respect that, under Regulation 2.3, each Member shall within the limits set out in Standard A2.3, paragraphs 5–8, fix either a maximum number of hours of work which shall not be exceeded in a given period of time (14 hours in each 24-hour period and 72 hours in each seven-day period), or a minimum number of hours of rest which shall be provided in a given period of time (ten hours in each 24-hour period and 77 hours in each seven-day period) and that this provision should not be interpreted as to giving shipowners the choice of regimes concerning maximum hours of work or minimum hours of rest. The Committee accordingly requests the Government to indicate the measures taken or envisaged to ensure that the maximum hours of work or minimum hours of rest are fixed in accordance with Standard A2.3, paragraph 2 of the Convention and are not subject to selective application by shipowners.

Regulation 2.3 and Standard A2.3, paragraph 3. Hours of work and hours of rest. Normal working hours’ standard. The Committee notes the Government’s reference to Sections 9 and 11 of Act No. 146/2015 of 9 September 2015, according to which the normal period of work of seafarers shall not exceed eight hours per day and 48 hours per week and that seafarers on board shall have one day of rest per week. The Committee recalls that, in accordance with Standard A2.3, paragraph 3, the normal working hours’ standard for seafarers shall also include rest on public holidays. The Committee accordingly requests the Government to indicate how it ensures that the normal working hours for seafarers are in full compliance with the requirements of Standard A2.3, paragraph 3. The Committee also requests the Government to indicate how due consideration has been given to Guideline B2.3.1 regarding working hours of young seafarers.

Regulation 2.4 and the Code. Entitlement to leave. The Committee notes the Government’s indication that, according to Section 17 of Act No. 146/2015 of 9 September 2015, the period of annual leave shall not be less than two and a half consecutive days for each month covered by the employment agreement or a proportionate amount in the case of an incomplete month. It also notes that, without prejudice to the provisions of Act No. 146/2015 of 9 September 2015, the seafarer's annual leave entitlement is established by the Labour Code. The Committee further notes that the Government provides the text of different sections of the Labour Code, some provisions of which, however, do not appear to be in conformity with the requirements of the Convention. Notably, the Committee notes that, while Section 237 (3) of the Labour Code provides that entitlement to leave shall be irrevocable and shall not be replaced by economic or other compensation, even with the worker's consent, Section 238(5) allows the workers to decline to take more than 20 working days of leave or a corresponding proportion of holidays during a given year without losing their wages for that period or their holiday bonuses, which shall be added to the wages for the work performed on those days. Finally, the Committee notes that the Government does not provide information regarding the prohibition of justified absences from work to be considered as part of annual leave. Recalling that each Member shall adopt laws and regulations determining the minimum standards for annual leave for seafarers, taking proper account of the special needs of seafarers with respect to such leave (Standard A2.4, paragraph 1); recalling also that justified absences from work shall not be considered as annual leave (Standard A2.4, paragraph 2) and that any agreement to forgo the minimum annual leave with pay, except in cases provided for by the competent authority, shall be prohibited (Standard A2.4, paragraph 3), the Committee requests the Government to indicate how it gives full effect to these requirements of the Convention, giving due consideration to Guideline B2.4.

Regulation 2.5 and Standard A2.5.1, paragraphs 1 and 2 (a). Repatriation. Circumstances. The Committee notes that Section 20 of Act No. 146/2015 of 9 September 2015 describes the circumstances in which seafarers on ships that fly the Portuguese flag are entitled to repatriation. The Committee notes, however, that such circumstances do not include the case “when the seafarers’ employment agreement is terminated by the shipowner”, neither “when the seafarers’ employment agreement is terminated by the seafarer for justified reasons”, as required by Standard A2.5.1, paragraph 1 b). Regarding the latter, the Committee notes that, on the contrary, Section 20 of Act No. 146/2015 of 9 September 2015 prescribes that seafarers are entitled to repatriation in case of “expiration of the employment agreement, except where terminated by the seafarer”. The Committee accordingly requests the Government to indicate the measures taken or envisaged to align its legislation with the requirements of the Standard A2.5.1, paragraph 1 b).

Regulation 2.5 and Standard A2.5.1, paragraph 3. Repatriation. Prohibition of advance payment and to recover costs from seafarers. The Committee notes the Government’s indication that, according to Section 20(4) of Act No. 146/2015 of 9 September 2015, “shipowners shall not receive from seafarers any form of advance payment towards the cost of repatriation. However, where the seafarer was responsible for the situation that led to the repatriation, the shipowner may recover those costs from the seafarer's wages or other entitlements”. With regard to the possibility provided by the Convention to recover the cost of the repatriation from the seafarer, the Committee underlines that it is conditioned to a finding of serious default of the seafarer’s employment obligations, in accordance with national laws or regulations or other measures of applicable collective bargaining agreements. The Committee accordingly requests the Government to indicate the measures taken or envisaged to give full effect to the requirements of Standard A2.5.1, paragraph 3 in this respect, as well as to provide details on the relevant legislation or applicable collective bargaining agreements determining the procedure to be followed and the standard of proof to be applied before a seafarer can be found to be in “serious default of the seafarers’ employment obligations”.

Regulation 2.6 and Standard A2.6, paragraph 1. Compensation for the ship’s loss or foundering. Unemployment Indemnity. The Committee notes the Government’s reference to Section 23 of Act No. 146/2015 of 9 September 2015, according to which shipowners shall compensate seafarers for property damage resulting from the ship's accident, loss or foundering, without prejudice to the compensation owed for termination of an employment agreement and for harm arising from an occupational accident resulting from the loss or foundering of the ship. The Committee recalls that, in accordance with Standard A2.6, paragraph 1, each Member shall make rules ensuring that, in every case of loss or foundering of any ship, the shipowner pays to each seafarer on board an indemnity against unemployment resulting from such loss or foundering. The Committee accordingly requests the Government to indicate whether, for the period during which they remain unemployed following the ship’s foundering or loss, seafarers working on board its ships are paid an indemnity at the same rate as the wages payable under the employment agreement. The Committee also requests the Government to indicate how it has given due consideration to Guideline B2.6 of the Convention in this respect.

Regulation 2.8 and the Code. Career and skill development and employment opportunities for seafarers. The Committee notes that Legislative Decree No. 280/2001 of 23 October 2001, to which the Government refers, has been repealed. It notes that Section 28 of such Legislative Decree specified that Guidelines for the development and implementation of training programs as part of the education or the employment system should be established through a joint ordinance of the Ministry of Education, the Ministry of Labour and Solidarity and the ministry responsible for the work of seafarers and that Guidelines for the development and implementation of training programs for merchant marine officers should be established through a joint ordinance of the Ministry of Education and the Ministry for Social Infrastructure. The Committee requests the Government to inform whether the aforementioned guidelines have been adopted, as well as to provide information regarding the content of national policies to promote employment and to encourage career development of seafarers, as required by Regulation 2.8.

Regulation 3.1 and the Code. Accommodation and recreational facilities. The Committee notes the Government’s indication that ships constructed before 20 August 2014(date of entry into force of the Convention for Portugal) shall comply with the provisions for accommodation under the Accommodation of Crews Convention (Revised), 1949 (No. 92) and that Decree No. 43.026 of 23 June 1960 incorporates the provisions of Convention No. 92 and repeals all provisions that conflict with such convention and its implementing regulations. The Committee also notes the provisions of the DMLC, part I, according to which all new ships which keel is laid, or is in equivalent stage of construction on or after 20 August 2014, shall comply with the provisions for accommodation under the MLC, 2006. The Committee recalls in this respect that Standard A3.1 provides that each Member shall adopt laws and regulations requiring that ships that fly its flag meet the minimum standards for accommodation and recreational facilities of the Convention and are inspected to ensure initial and ongoing compliance with those standards. The Committee accordingly requests the Government to indicate the measures taken to give effect to Regulation 3.1 and Standard A3.1 with respect to all ships covered by the Convention including detailed information on Flag State inspections.

Regulation 3.2 and Standard A3.2, paragraph 8. Food and catering. Ship’s Cook. Minimum Age. Regarding the prohibition to employ or to engage seafarers under the age of 18 as a ship’s cook, the Committee notes the Government’s indication that legislation is being drafted in this respect. The Committee accordingly requests the Government to inform about the progress made in this regard and to provide a copy of such legislation once adopted.

Regulation 4.1 and Regulation 4.2 and the Code. Medical care on board and ashore. Shipowners’ Liability. The Committee notes the Government’s reference to Section 21 of Act No. 146/2015 of 9 September 2015, dealing with sickness and accidents, according to which shipowners shall provide treatment and pay the costs thereof for seafarers with a non-occupational natural disease or an accident, including essential dental care, that requires treatment on land in a country other than Portugal. For these purposes, shipowners shall provide the seafarer with board and lodging during the treatment period on board, on land or while awaiting repatriation. The Committee further notes paragraph 12 of the DMLC, Part I, stipulating that shipowners shall ensure seafarers’ illness and injuries treatment, and shall bear the respective costs, when the seafarer is onboard suffering from a natural illness or from an injury which is not an occupational injury and needs treatment, away from his national territory, which includes basic dental care. The Committee finally notes that Section 21, paragraph 6 of Act No. 146/2015 of 9 September 2015 foresees that the regulations governing compensation for occupational injuries and diseases shall be set out in specific legislation. Noting that no information has been provided regarding such specific legislation governing compensation for occupational injuries and diseases of seafarers, the Committee requests the Government to provide detailed information on the regime applicable in this respect and to provide a copy of the relevant regulations. Noting the Government’s reference to the provisions of the DMLC, part I (paragraph 16) regarding financial security to ensure compensation in the event of death or long-term disability of seafarers due to an occupational injury, illness or hazard, the Committee recalls that, in accordance with Standard A4.2.1, paragraph 1(b), each Member shall adopt laws and regulations requiring shipowners to provide such financial security. The Committee further notes the Government’s indication that legislation in this respect is currently being drafted. The Committee accordingly requests the Government to inform about the progress made in this regard and to provide a copy of relevant legislation once adopted.

Regulation 4.3 and the Code. Health and safety protection and accident prevention. The Committee notes the Government’s indication that general principles of occupational safety and health, established in the general regime governing the promotion of occupational safety and health, are set out in Act No. 102/2009 of 10 September 2009 and are applicable to all workers, including those who work on board ships. The Committee observes that the provisions of Act No. 102/2009 of 10 September 2009 are of a general nature and that, although they address some matters directly linked to seafarers (in Sections 14, 21 and 77), they do not appear to cover all the requirements under Regulation 4.3 and Standard A4.3 and consequently do not address all the specificities of work on board ships. The Committee also notes the provisions contained in the DMLC, Part I, in relation to health and safety protection and accident prevention, imposing some obligations on shipowners. The Committee observes that, since the Government has not provided an example of Part II of the DMLC, it does not have any information on shipowner practices or on-board programs for the prevention of occupational accidents, injuries and diseases (Standard A4.3, paragraphs 1(c), 2(b) and 8). Regarding reporting of occupational accidents, injuries and diseases, the Committee notes the Government’s reference to Directive No. 2009/18 as well as to the Bureau of Maritime Accident Prevention and Investigation (GAMA) and a model notification form that is used to report maritime – including occupational – accidents and incidents occurring within or outside the scope of Directive No. 2009/18 and of domestic law. The Committee notes, however, that such model notification form has not been provided with the report. It further observes that issues covered by the Directive No. 2009/18, to which the Government refers, relate to Regulation 5.1.6 of the Convention, dealing with marine casualties. The Committee finally notes that the Government does not provide details on the implementation of the requirements of Standard A4.3., paragraphs 5 and 6, and, notably, regarding protection of seafarers’ personal data. The Committee recalls that each Member shall adopt laws and regulations and other measures addressing the matters specified in the Code, taking into account relevant international instruments, and set standards for occupational safety and health protection and accident prevention on ships that fly its flag (Regulation 4.3, paragraph 3). It further recalls that each Member shall develop and promulgate national guidelines for the management of occupational safety and health on board ships that fly its flag, after consultation with representative shipowners’ and seafarers’ organizations (Regulation 4.3, paragraph 2). In light of the above, the Committee requests the Government to provide information on the measures adopted or envisaged to give full effect to Regulation 4.3 and Standard A4.3.

Regulation 4.5 and the Code. Social security. The Committee notes that for seafarers on board ships registered in the national shipping register the Government, in accordance with Standard A4.5, paragraphs 2 and 10, has specified the following social security branches: sickness benefit; unemployment benefit; old-age benefit; employment injury benefit; family benefit; maternity benefit; invalidity benefit and survivors’ benefit. The Committee also notes that for seafarers on board ships registered in the international shipping register of Madeira (RIM), the Government has specified the following branches of social security: sickness benefit; employment injury benefit and maternity benefit. Noting that medical care benefit is not included in the list of social security branches specified, either with respect to the national shipping register, or to the international shipping register of Madeira, the Committee invites the Government to give due consideration to the Guideline B4.5, paragraph 1, according to which the protection to be provided at the time of ratification of the Convention should at least include the branches of medical care, sickness benefit and employment injury benefit. The Committee also notes the Government’s indication that for eligible workers, the employment injury benefit is handled in the same way as the sickness benefit. It further notes the Government’s information that occupational injuries are covered through occupational injuries insurance, which is compulsory for all workers and is normally provided by employers through private insurers. Noting that the Government has not provided information on the legislative texts applicable in this respect, the Committee requests the Government to indicate the applicable legislation. The Committee further notes the Government’s reference to a number of legislative texts applicable to other social security benefits which are provided to seafarers. The Committee requests the Government to provide more detailed information on these benefits’ regimes, including reference to relevant provisions of the applicable legislation. Noting that no information has been provided on the following matters, the Committee requests the Government to : i) indicate any bilateral or multilateral arrangements in which Portugal participates regarding the provision of social security protection, including the maintenance of rights acquired or in the course of acquisition (Regulation 4.5, paragraph 2; Standard A4.5, paragraphs 3, 4 and 8); ii) clarify whether shipowners’ and, if applicable, seafarers’ contributions to relevant social protection and social security systems or schemes are monitored to verify that the contributions are made (Standard A4.5, paragraph 5; see guidance in Guideline B4.5, paragraphs 6 and 7); iii) indicate what fair and effective procedures for the settlement of disputes relating to social security for seafarers have been established (Standard A4.5, paragraph 9); iv) inform whether any measures are adopted for providing benefits to non-resident foreign seafarers working on ships flying the Portuguese flag, as required by Standard A4.5, paragraphs 5 and 6.

Regulation 5.1.4 and Standard A5.1.4, paragraph 16. Flag State responsibilities. Inspection and enforcement. Compensation in case of wrongful exercise of the inspectors’ powers. Noting that no information has been provided in this respect, the Committee requests the Government to indicate and outline the content of the legal provisions or principles under which compensation must be paid for any loss or damage from the wrongful exercise of the inspectors’ powers.

Regulation 5.1.6, paragraph 1. Flag State responsibilities. Marine casualties. Official inquiry. The Committee notes the Government’s indication that Act No 18/2012 of 7 May 2012, transposing Directive 2009/18/EC of the European Parliament and of the Council of 23 April 2012, establishes fundamental principles governing the investigation of accidents in the maritime transport sector. It further notes that Legislative Decree No. 236/2015 of 14 October 2015 establishes the Bureau of Maritime Accident Prevention and Investigation and the Meteorology Authority for Aeronautics in charge of such investigations. The Committee further notes the Government’s indication that a serious injury may be classified as a less serious marine casualty, in which case there is no obligation to conduct an initial assessment or a safety investigation. The Committee finally notes that, according to provisions of Section 6 (2) of Act No 18/2012 of 7 May 2012, obligation to investigate is reserved only to very serious marine casualties. Noting that in case of serious marine casualty leading to injury the holding of an investigation is optional under Portuguese legislation, the Committee recalls that Regulation 5.1.6, paragraph 1, provides that 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 accordingly requests the Government to indicate the measures taken or envisaged to ensure full conformity with this requirement of the Convention.

Regulation 5.2.1 and the Code. Port State responsibilities. Inspections in port. Noting that the Government does not provide information regarding implementation of the requirements of Regulation 5.2.1 and the Code, the Committee requests the Government to provide all the relevant information in this respect.

Additional documents requested. The Committee notes that the Government has not provided some of the documents requested in the report form. The Committee requests the Government to provide the following documents and information: an example of the approved document for seafarers’ record of employment (Standard A2.1, paragraphs 1 and 3); the standard form or an example of a seafarers’ employment agreement (Standard A2.1, paragraph 2(a)); the relevant portion of any applicable collective bargaining agreement (Standard A2.1, paragraph 2(b)); a copy of the approved standardized table for shipboard working arrangements (Standard A2.3, paragraphs 10 and 11); a copy of the standard form established by the competent authority for the recording of seafarers’ daily hours of work or their daily hours of rest (Standard A2.3, paragraph 12); a copy of any authorized or registered collective agreement provisions that establish seafarers’ normal working hours or permit exceptions to the established limits (Standard A2.3, paragraphs 3 and 13); a copy of the provisions on seafarers’ entitlement to repatriation in any applicable collective bargaining agreements (Standard A2.5.1, paragraph 2); an example of the standard medical report form for seafarers (Standard A4.1, paragraph 2; see guidance in Guideline B4.1.2, paragraph 1); an example of a document (e.g. Part II of the DMLC) outlining a shipowner’s practices or on-board programs (including risk evaluation) for preventing occupational accidents, injuries and diseases (Standard A4.3, paragraphs 1(c), 2(b) and 8); a copy of the relevant national guidelines (Regulation 4.3, paragraph 2); a copy of the document(s) used for reporting unsafe conditions or occupational accidents on board ship (Standard A4.3, paragraph 1(d)); a list of all seafarers’ shore-based welfare facilities and services operating in the country; a copy of a report or review prepared by a welfare board on the welfare services (Regulation 4.4); a report or other document containing information on the objectives and standards established for the inspection and certification system, including the procedures for its assessment, information on the budgetary allocation for the administration of such system and the total income received on account of inspection and certification services (Regulation 5.1.1); the following statistical information: i) number of ships flying your country’s flag that were inspected for compliance with the requirements of the Convention; ii) number of inspectors, appointed by the competent authority or by a duly authorized recognized organization, carrying out those inspections; iii) number of full-term (up to five years) maritime labour certificates currently in force; and iv) number of interim certificates issued (Standard A5.1.3); an example or examples of authorizations given to recognized organizations(Regulation 5.1.2, paragraph 2); a copy of the annual reports on inspection activities, in English, French or Spanish, that have been issued in accordance with Standard A5.1.4, paragraph 13; a standard document issued to or signed by inspectors setting out their functions and powers, and a copy of any national guidelines issued to inspectors, with a summary of the content of these documents in English, French or Spanish if they are not in one of those languages (Standard A5.1.4, paragraph 7; see guidance in Guideline B5.1.4, paragraphs 7 and 8); a copy of the form used for an inspector’s report (Standard A5.1.4, paragraph 12); a copy of any documentation that is available informing seafarers and interested others about the procedures for making a complaint (in confidence) regarding a breach of the requirements of the Convention (including seafarers’ rights) (Standard A5.1.4, paragraph 5; see guidance in Guideline B5.1.4, paragraph 3), with an indication of the content in English, French or Spanish if the documentation is not in one of those languages; number of authorized officers appointed by the competent authority and information on the qualifications and training required for carrying out port State control; a copy of any national guidelines issued to inspectors in implementation of Standard A5.2.1, paragraph 7, with an indication of the content in English, French or Spanish if the guidelines are not in one of those languages; the following statistical information: number of foreign ships inspected in port; number of more detailed inspections carried out according to Standard A5.2.1, paragraph 1; number of cases where significant deficiencies were detected; number of detentions of foreign ships due, wholly or partly, to conditions on board ship that are clearly hazardous to the safety, health or security of seafarers, or constitute a serious or repeated breach of the requirements of the Convention (including seafarers’ rights).

[The Government is asked to reply in full to the present comments in 2023.]