Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Fishermen's Competency Certificates Convention, 1966 (No. 125) - Germany (Ratification: 1988)

Article 5(2) of the Convention. Certificated mate for all fishing vessels over 100 gross tons. The Committee recalls that since the ratification of this Convention, the Government has failed to specify any express legal provision requiring all fishing vessels over 100 gross registered tons to carry a certificated mate, as prescribed by this Article of the Convention. The Government acknowledged in previous reports that fishing vessels of between 75 and 125 gross registered tons may be dispensed from the obligation to carry a ship navigating officer or mate but stated that this was an exception established long before the ratification of the Convention. The Government also indicated that under the Ship’s Company Ordinance only fishing vessels over 250 tons are required to carry a certificated ship navigating officer or mate. In its last report, the Government made reference to the three-watch system provided for in section 85 of the Seafarers Act as guaranteeing the presence of at least three navigating officers, even though broad exceptions to this principle are provided for in section 138 of the same Act for fishing vessels of not more than 1,000 gross registered tons. Noting therefore that the national legislation is still not fully compliant with the requirement of Article 5(2) of the Convention that all fishing vessels over 100 gross tons should carry a certificated mate, and also noting that the maritime legislation is currently undergoing a major revision, the Committee requests the Government to consider all appropriate action in this respect.