Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

Accommodation of Crews Convention (Revised), 1949 (No. 92) - Ukraine (Ratification: 1970)

The Committee notes the new state Sanitary Rules for seagoing vessels of Ukraine (DSP 7.7.4-057-2000). It also notes the Government’s reply to the Committee’s previous comments concerning Article 1, paragraphs 1, 3(d) and 4(b); Article 3, paragraph 2(a), (d) and (e); Article 4, paragraph 1; Article 6, paragraphs 6 and 8; and Article 10, paragraphs 2, 3 and 10, of the Convention.

In its 2002 report, the Government maintained that the new Sanitary Rules implement several requirements of the Convention; without, however, specifying the relevant sections. The Committee therefore requests the Government to describe in detail and indicate the specific provisions in the Sanitary Rules giving effect to the following requirements of the Convention:

–      Article 6, paragraph 2 (prohibition of direct openings into sleeping rooms from certain spaces; requirements for the bulkheads separating such places from sleeping rooms);

–      Article 7, paragraph 5 (availability of power for the operation of the aids to ventilation);

–      Article 8, paragraph 2 (operation of the heating system);

–      Article 10, paragraphs 17 and 19 (material of framework and leeboard of berth; material of mattress);

–      Article 11, paragraphs 1, 3, 4, 7 and 10 (sufficient mess room accommodation in all ships; separate mess room accommodation in certain cases; mess room accommodation for catering department; exceptions for passenger ships; material of tables and seats);

–      Article 12, paragraph 1 (recreation space on open deck on all ships);

–      Article 13, paragraphs 2, 4(b), 5 and 7 (minimum number of water closets; one water closet for every eight persons or less; exemptions in case of more than 100 crew members or passenger vessels engaged in voyages of a maximum of four hours’ duration; appropriate size and material of washbasins and tub baths); and

–      Article 15, paragraph 2 (rooms to be used as offices for the deck department and for the engine department).

Article 5(a) and (c). Inspection by the competent authority. In its previous comments, the Committee requested the Government to indicate the specific provisions in national legislation giving effect to this Article of the Convention. In its 2002 report, the Government stated that the requirements in respect of carrying out inspections are stipulated in the Regulations on the Main State Inspection of Ukraine on Safety Navigation, as approved by Decree of the Cabinet of Ministers of Ukraine No. 2098 of 30 December 1998. The Committee asks the Government to specify the particular sections of the above Regulations requiring the competent authority to inspect the ship: on every occasion when it is registered or re-registered (paragraph (a)); and upon the receipt of a complaint made by a recognized bona fide trade union of seafarers (paragraph (c)).

Article 6, paragraphs 11 and 12. Floorings. In its previous comments, the Committee requested the Government to indicate the specific provisions in national legislation giving effect to paragraphs 11 and 12 of this Article of the Convention. In its 2002 report, the Government stated that the requirements in respect of floorings are reflected in the Safety Requirements. The Committee asks the Government to specify the particular sections of the Safety Requirements that concern floorings of decks and joinings with sides.

Article 7, paragraph 3. Ventilation. With reference to the Committee’s previous request for information concerning this provision of the Convention, the Government states that, at present, the required data are not available. The Committee asks the Government to indicate whether ships, regularly engaged on voyages in hot climate zones, are equipped with both mechanical means of ventilation and electric fans, when one of these means does not suffice to ensure satisfactory ventilation.

Article 10, paragraphs 1, 8, 11, 14, 24, 25 and 28. Sleeping rooms. In its 2002 report, the Government stated that the implementation of these requirements is ensured by the observance of the: (i) Sanitary Rules; (ii) Occupational Safety Requirements for Seagoing Vessels (RD 31.81.01-87); (iii) Rules of Accident Prevention on board seagoing vessels (RD 31.81.10-75); and (iv) Rules for the Classification and Construction of Seagoing Vessels. The Committee asks the Government to specify the particular provisions of these instruments giving effect to the requirements of the Convention concerning sleeping rooms.

Article 13, paragraph 12. Facilities for washing and drying clothes. The Government indicates that, under the new Sanitary Rules, the facilities for washing and drying clothes are mandatory on ships of Categories I and II, but only recommended on ships of Categories III and IV. The Convention, however, requires that facilities for washing and drying clothes be provided in all ships to which the Convention is applicable. The Committee requests the Government to indicate the measures taken or envisaged to give effect to this provision of the Convention.

Article 17, paragraph 2. Regular inspections by the master. In reply to the Committee’s previous request to specify the particular provisions in national legislation that set forth the regularity of the inspections of crew accommodations, the Government states that this is established by the regulations of the inspection bodies. The Committee points out that Article 17, paragraph 2, requires the master, or an officer specially deputed for the purpose by the master, accompanied by one or more members of the crew, to inspect all crew accommodation at intervals of not more than one week. The Committee requests the Government to indicate the specific provisions giving effect to this provision of the Convention and supply the relevant legislative texts.

Article 18, paragraph 4. Application to existing ships. Please indicate whether the competent authority may require such alterations for the purpose of bringing the ship into conformity with the requirements of the Convention as it deems possible, having regard to the practical problems involved, in case of ships other than those referred to in paragraphs 2 and 3 of this Article, or ships, to which the provisions of this Convention were applicable while they were under construction, that are being re-registered (paragraph 4).

Part III of the report form. While noting the information supplied by the Government under Article 3, paragraph 2(d), the Committee requests the Government once again to supply full particulars on the organization and working of inspection.

Please also supply copies of the following legislative texts:

–      Rules of Accident Prevention on board seagoing vessels (RD 31.81.10-75) as revised;

–      Regulations on the Main State Inspection of Ukraine on Safety Navigation, as approved by Decree of the Cabinet of Ministers of Ukraine No. 2098 of 30 December 1998; and

–      Rules for the classification and construction of seagoing vessels of the register of the USSR (1990).