Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

Accommodation of Crews (Fishermen) Convention, 1966 (No. 126) - Ukraine (Ratification: 1970)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the Government’s report for the period up to July 1997.

1.  The Committee notes that there seem to be divergences between the provisions of the national legislation of Ukraine and Article 12, paragraph 2(c), of the Convention under which one washbasin shall be provided for every six persons or less, while under Chart 4 to the Sanitary Rules for seagoing vessels of the fishing fleet of the USSR, approved by the Chief Sanitary Doctor of the USSR on 22 December 1977 under No. 1814-77 (the "Sanitary Rules for the fishing fleet"), one washbasin is only provided for every eight persons. The Committee asks the Government to indicate the measures taken or envisaged to bring national legislation into conformity with the Convention on this point.

2.  The Committee asks the Government to provide further information on the following points.

Article 3, paragraph 2(a), of the Convention. Please indicate the provisions of the laws and regulations giving effect to the Convention that require the competent authority to bring them to the notice of all persons concerned.

Article 3, paragraph 2(b). Please indicate the bodies and persons currently responsible for compliance with the laws and regulations giving effect to the Convention (shipowners, masters of vessels, etc.).

Article 3, paragraph 2(c). The Committee asks the Government to clarify whether the various inspectorates indicated in the report of the Government of Ukraine under the Accommodation of Crews (Revised) Convention, 1949 (No. 92) for the period from 1993 to July 1997 as exercising control over labour protection and compliance with the respective laws and regulations (State Committee of Ukraine for Supervision over Protection of Labour; Department of Safety of Transportation and Protection of Labour of the Ministry of Transport of Ukraine; Department of Maritime and River Transport of Ukraine; Black Sea Inspection for Supervision over the Protection of Labour in the Maritime Transport; sanitary epidemiological stations of basins; labour protection services of shipping companies; commissions for acceptance of ships and trade unions; and command staff of vessels) have the authority to exercise supervision and control over the observance of laws and regulations giving effect to the Convention. Please indicate how the cooperation is organized between different inspection services.

Article 3, paragraph 2(e). Please indicate which provisions of laws and regulations giving effect to the Convention require the competent authority to consult periodically the fishing-vessel owners’ and fishermen’s organizations, where such exist, in regard to the framing of regulations, and to collaborate so far as practicable with such parties in the administration thereof.

Article 5, paragraph 1(a). Please indicate whether the competent authority shall inspect the vessel on every occasion when a fishing vessel is registered or re-registered and, if so, which provision of the national legislation establishes such requirement.

Article 5, paragraph 1(c). The Committee asks the Government to describe the procedure for making complaints to the competent authority in accordance with this provision of the Convention. Please also indicate whether the competent authority shall inspect the vessel on every occasion when such complaint is made; and, if so, which provision of the national legislation establishes such requirement.

Article 6, paragraph 3. The Committee asks the Government to indicate whether effect is given to this provisions of the Convention in vessels of category III and category IV. Please indicate the specific provision of the national legislation requiring that part of the bulkhead separating fish holds and fishmeal rooms, spaces for machinery, galleys, lamp and paint rooms, engine, deck and other bulk-store rooms, drying rooms, communal wash places and water closets from sleeping rooms and external bulkheads shall be efficiently constructed of steel or other approved substance and shall be watertight and gastight.

Article 7, paragraph 4. The Committee asks the Government to indicate whether in vessels of category III and category IV, where no artificial ventilation is provided, it is required to equip them with electric fans.

Article 8, paragraph 3. Please indicate whether in the national legislation there is an explicit prohibition of heating by means of open fires.

Article 9, paragraph 2. Please indicate whether two independent sources of electricity are required and, if not, whether additional lighting shall be provided by properly constructed lamps or lighting apparatus for emergency use.

Article 10, paragraph 3(a) to (d). The Committee asks the Government to indicate what are the standards concerning the size of berths, tables, chairs, lockers, sofas and other vessels’ furniture.

Article 10, paragraph 9. Please indicate whether for sleeping rooms the inscription on the door shall indicate the maximum number of persons to be accommodated in this room.

Article 11, paragraph 1. Please clarify whether mess-room accommodations shall be provided in all vessels carrying a crew of more than ten persons.

Article 12, paragraph 1. Please confirm that the crew does not live permanently on board vessels engaged in voyages of not more than 24 hours when in port and, if so, indicate the specific provision of the national legislation imposing such prohibition.

Article 13, paragraph 1. Please clarify whether a sick bay is required on vessels of 45.7 metres but below 65 metres in length and, if so, indicate the specific provision of the national legislation establishing such requirement.

Article 13, paragraph 2. Please indicate how the competent authority gave consideration to the Ships’ Medicine Chests Recommendation, 1958 (No. 105), and the Medical Advice at Sea Recommendation, 1958 (No. 106).

Article 16, paragraph 4. Please confirm that the crew does not live permanently on board vessels of category III and category IV, engaged in voyages of eight hours or less, when in port.

The Committee also asks the Government to indicate the specific provisions of the national legislation that give effect to Article 6, paragraphs 2, 4, 7, 9, 10, 11, 13, 14; Article 7, paragraphs 3 and 5; Article 8, paragraph 2; Article 9, paragraph 5; Article 10, paragraphs 1, 5, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25 and 26; Article 11, paragraphs 7 and 8; Article 12, paragraphs 7 and 11; Article 15; and Article 16, paragraph 6, of the Convention.

Part III of the report form. The Committee asks the Government to provide information on the organization and working of inspection.

3. The Committee asks the Government to provide copies of the following documents:

-  Criminal Code of Ukraine;

-  Resolution of the Supreme Soviet of Ukraine "On the regime of operation on the territory of Ukraine of certain acts of the legislation of the Union of the Soviet Socialist Republics", dated 12 September 1991;

-  Rules concerning Accident Prevention on Vessels of the Fishing Fleet of the USSR;

-  Regulations on service on vessels of the fleet of the fishing industry of the USSR.