Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Maritime Labour Convention, 2006 (MLC, 2006) - Montenegro (Ratification: 2015)

The Committee notes the Government’s first report on the application of the Maritime Labour Convention, 2006, as amended (MLC, 2006). It further notes that the Government previously ratified 12 Conventions on maritime labour which have been denounced following the entry into force of the MLC, 2006, for Montenegro. The Committee notes that the amendments to the Code approved by the International Labour Conference in 2014 entered into force for Montenegro on 18 January 2017. 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.

Article II, paragraphs 1(f), 2 and 3. Definitions and scope of application. Seafarers. The Committee notes that under section 106 of the Law on Maritime Safety “ship crew is composed of persons embarked on board and listed in the crew register”. The Committee notes that there are no provisions in the national legislation otherwise defining the term “seafarer”. The Committee recalls that the definition of “seafarer” under Article II, paragraph 1(f), of the Convention, 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 catering and hotel staff. The Committee requests the Government to indicate how it ensures that the protection afforded by the Convention is guaranteed to all seafarers working on ships flying its flag, in accordance with Article II, paragraph 1(f).

Article II, paragraphs 1(i) and 4. Definitions and scope of application. Ships. The Committee notes the Government’s indication that there are currently four ships over 3,000 gross tonnage flying the Montenegro flag. The Committee notes that the Law on Maritime Safety (“Official Gazette of Montenegro” (OGM)) (section 6, paragraph 1) and the Rulebook on amendments to the Rulebook on types of ranks and certifications, conditions for acquiring of ranks and issuing of certifications for ship’s crew members (OGM 44/16 of 25 July 2016) (section 2), when defining a ship, refers respectively to “ship intended for seaborne navigation” and “ship intended for seagoing voyage”. The Committee also notes that the Rulebook on detailed conditions for work protection and accommodation of crew and other persons on the vessel (OGM 82/16 of 29 December 2016) refers to ships of unlimited/limited/unrestricted area of navigation and ships of large/small coastal navigation (for example, paragraphs 34.21, 35.1, 35.11 and 36.18). The Committee further notes that section 6, paragraph 11, of the Law on Maritime Safety defines yacht as “a vessel intended for pleasure, sport and recreation, exceeding 7 metres in length, engaged in the international trade”. The Committee recalls that the MLC, 2006 applies to all ships, irrespective of their tonnage or the nature of their voyage, other than those ships which navigate exclusively in inland waters or waters within, or closely adjacent to, sheltered waters or areas where port regulations apply whether publicly or privately owned, ordinary engaged in commercial activities, other than ships engaged in fishing, traditional build, warships or naval auxiliaries (Article II, paragraphs 1(i) and 4). The Committee further recalls that Article II, paragraph 6, provides flexibility with respect to the application of “certain details of the Code”, that is, Standards and Guidelines, to a ship or particular categories of ships of less than 200 gross tonnage that do not voyage internationally, under certain requirements. The Committee requests the Government to explain the meaning of the following expressions: (i) “ship intended for seaborne navigation” and “ship intended for seagoing voyage”; (ii) “ships of unlimited/limited/ unrestricted area of navigation”; (iii) “ships of large/small coastal navigation”; and (iv) yachts “engaged in the international trade”. The Committee further requests the Government to indicate how it ensures that the protection afforded by the Convention is guaranteed to all seafarers working on board ships within the meaning of the Convention, including yachts ordinarily engaged in commercial activities and ships engaged in domestic voyages.

Article V. Implementation and enforcement. While the Government has not provided information in this regard, the Committee notes that article 199 of the Law on Maritime Safety establishes a number of sanctions in respect of violation of the requirements of the Convention. The Committee requests the Government to summarise the provisions of laws or regulations or other measures which prohibit violations of the requirements of the Convention and the sanctions established (Article V, paragraph 6).

Article VII of the Convention. Consultations with shipowners’ and seafarers’ organizations. The Committee notes that the Government has not provided information on the consultations conducted in the process of adopting laws and regulations implementing the Convention. This is the case for example, regarding the nature of the medical examination prescribed in the Rulebook on detailed conditions for determining medical examination of seafarers (OGM 35/2016 of 3 June 2016, and 43/2016 correction, entered into force on 11 June 2016) (Standard A1.2, paragraph 2), the system for mediation in employing seafarers established in the Rulebook on detailed conditions, manner and the procedure for issuing approval for mediation in employing seafarers (OGM 58/2014 of 29 December 2014) (Standard A1.4, paragraph 2) as well as the determination of the duration of the minimum notice period defined by article 153 of the Law on Maritime Safety (Standard A2.1, paragraph 5). The Committee recalls that ratifying Members are required, under various provisions of the Convention, to make determinations after consultations with shipowners’ and seafarers’ organizations. The Committee requests the Government to provide detailed information on how it gives effect to the Convention’s requirements regarding consultations.

Regulation 1.1 and Standard A1.1, paragraph 4. Minimum age. Hazardous work. The Committee notes the Government’s indication that its national legislation does not contain a prohibition of employment of seafarers under 18 where the work is likely to jeopardize their health or safety and that the types of such work are yet to be determined. The Committee recalls that the employment, engagement or work of seafarers under the age of 18 in hazardous work shall be prohibited and that the determination of such types of work shall be done after consultation with the shipowners’ and seafarers’ organizations concerned. The Committee requests the Government to indicate the measures taken to adopt such prohibition as well as to define such types of work, in accordance with Standard A1.1, paragraph 4.

Regulation 1.3, paragraph 2. Training and qualifications. Personal safety on board ship. The Committee notes the Government’s reference to section 49 of the Rulebook on amendments to the rulebook on types of ranks and certifications, conditions for acquiring of ranks and issuing of certifications for ship’s crew members, stating that standard of competence in basic safety training (STCW Reg. VI/1) shall be issued to a seafarer assigned to duties relating to safety and prevention of pollution prior to his/her first embarkation. The Committee notes however that there are no provisions ensuring that no seafarer (and not only those assigned to duties relating to safety and prevention of pollution) is permitted to work on a ship without having successfully completed training for personal safety on board ship, as required by Regulation A1.3, paragraph 2. Accordingly, the Committee requests the Government to indicate how it gives effect to this requirement of the Convention.

Regulation 1.4, paragraph 1, and Standard A1.4, paragraphs 2 and 5. Recruitment and placement. Standardized system for licensing or certification or other form of regulation. System of protection. The Committee notes the Government’s indication that private services for employing seafarers have to be certified according to MLC, 2016 requirements. Pursuant to section 4 of the Rulebook on detailed conditions, manner and the procedure for issuing approval for mediation in employing seafarers, the Ministry of Transport and Maritime Affairs issues approval for mediation in employing seafarers. The approval for mediation in employing seafarers is issued upon request. So far, five agencies for mediation in employing seafarers received the approval from the Ministry.

The Committee notes articles 3 and 4 of the Rulebook prescribing the requirements, in terms of premises and equipment, to be met in order to obtain approval for mediation in employing seafarers in Montenegro. The Committee however has not identified any further provisions in the national legislation giving effect to the detailed requirements of Standard A1.4, paragraphs 2 and 5(a) and (c), regarding prohibition of black lists; keeping registers; ensuring that seafarers examine their employment agreements before and after they are signed, and for them to receive a copy of the agreements; qualification of seafarers; and protection of seafarers in foreign ports, and establishing a system of protection, by way of insurance to compensate seafarers. The Committee notes the Government’s indication that an amendment to the Law on Maritime Safety, which is in the process of being adopted, will stipulate that legal persons may not charge fees for mediation in employment to seafarers. While noting this information, the Committee recalls that all seafarers shall have access to an efficient, adequate and accountable system for finding employment on board ship without charge to the seafarer (Regulation 1.4, paragraph 1). The Committee requests the Government to indicate the national laws and regulations or other measures implementing Regulation 1.4, paragraph 1, and Standard A1.4, paragraphs 2 and 5(a) and (c), and to provide information on the progress made in the reform of the Law on Maritime Safety to ensure compliance with the Convention. It further requests the Government to provide a copy of the relevant amendments.

Regulation 1.4 and Standard A1.4, paragraph 6. Recruitment and placement. Supervision of services. The Committee notes the Government’s reference to the provisions of the Rulebook on detailed conditions, manner and the procedure for issuing approval for mediation in employing seafarers as well as to the Law on Maritime Safety (sections 163, 196 and 185) related to the inspection procedure of mediation activities. The Committee however has not identified in these regulations provisions giving full effect to the requirements of Standard A1.4, paragraph 6. Recalling that Standard A1.4, paragraph 6, requires that the competent authority closely supervise the operations of the seafarers’ recruitment and placement agencies, the Committee requests the Government to provide information on the operational functioning of the licensing system and the supervision of the seafarers’ recruitment and placement services operating in Montenegro.

Regulation 1.4 and Standard A1.4, paragraph 7. Recruitment and placement. Investigation of complaints. The Committee has not identified provisions related to the procedures for lodging and investigating complaints in relation to misconduct of the mediation activities in seafarers’ recruitment in the national legislation. Therefore, the Committee requests the Government to indicate the measures adopted to ensure application of Standard A1.4, paragraph 7.

Regulation 1.4, paragraph 3, and Standard A1.4, paragraphs 9 and 10. Recruitment and placement. Services based in countries in which the Convention does not apply. Noting that the Government has not provided information in this respect, the Committee requests the Government to indicate the measures adopted to ensure application of Regulation 1.4, paragraph 3, and Standard A1.4, paragraphs 9 and 10, relating to the shipowners using recruitment and placement services that operate in countries that have not ratified the Convention.

Regulation 2.1 and the Code. Seafarers’ employment agreement. The Committee notes the Government’s reference to section 153 of the Law on Maritime Safety regulating employment agreements for work on ships engaged in international voyage, whereas the Convention does not distinguish between international and domestic voyages. The Committee requests the Government to indicate the measures taken to ensure that seafarers engaged in domestic voyages are covered by the provisions of the Convention, in particular in relation to Regulation 2.1 and the Code.

Regulation 2.1 and Standard A2.1, paragraph 1(b). Seafarers’ employment agreement. Examination and advice before signing. The Committee notes the Government’s reference to section 153 of the Law on Maritime Safety which provides for the opportunity to examine the seafarers’ employment agreement (SEA) before its signature. The Committee recalls that the seafarer shall also be given an opportunity to seek advice on the agreement before signing it (Standard A2.1, paragraph 1(b)). The Committee requests the Government to indicate how it gives effect to this requirement of the Convention.

Regulation 2.1 and Standard A2.1, paragraph 4. Seafarers’ employment agreement. Content. The Committee notes the Government’s indication that the matters to be included in the SEA are to be “prescribed by the government authority in charge of employment affairs” (section 153, paragraph 13, of the Law on Maritime Safety). However, there is no further indication on the adoption of such prescriptions. The Committee further observes, in relation to the sample of the SEA and the Collective Bargaining Agreement that these documents do not refer to all the matters that must be included in the SEA in accordance with Standard A2.1, paragraph 4. This concerns in particular the social security benefits to be provided to the seafarer by the shipowner and the place where the agreement is entered into. Consequently, the Committee requests the Government to indicate the measures taken to prescribe the matters to be included in the SEA in conformity with Standard A2.1, paragraph 4(a)–(j).

Regulation 2.1 and Standard A2.1, paragraphs 5 and 6. Seafarers’ employment agreement. Minimum notice period for termination. Shorter notice period for urgent reasons. The Committee notes the Government’s reference to section 153 of the Law on Maritime Safety establishing a minimum notice period as well as the possibility for the seafarer to terminate the employment contract without notice “in the following events: (i) ship detention in the period of more than 30 days due to the deficiencies in accordance with the SOLAS Convention or Convention on Load Lines; (ii) ship engages on voyage in the war zone, provided that the seafarer does not consent to go to such war zone”. The Committee has not identified provisions neither in national legislation nor in the collective bargaining agreements in relation to the right of the seafarer to terminate the contract on shorter notice or without notice, without penalty, for compassionate or other urgent reasons. The Committee recalls that 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 (Standard A2.1, paragraph 6). Consequently, the Committee requests the Government to indicate how it gives effect to this requirement of the Convention (Standard A2.1, paragraph 6).

Regulation 2.2 and Standard A2.2, paragraph 5. Wages. Allotments. Rate of the currency exchange. The Committee notes the Government’s reference to section 166 of the Law on Maritime Safety, stating that “the shipowner shall enable the seafarers to transmit the entire or portion of their earnings to their families or other dependants”. The Committee further notes the Government’s reference to the Safety Management System, according to which, the rates of currency exchange to be used are those at the prevailing market rate or the official published rates and which are not unfavourable to the seafarer. The Committee observes however that the Safety Management System has a limited scope of application. Recalling that any charge for the service of allotment shall be reasonable in amount, and the rate of currency exchange, unless otherwise provided, shall, in accordance with national laws or regulations, be at the prevailing market rate or the official published rate and not unfavourable to the seafarer, the Committee requests the Government to indicate the relevant laws or regulations adopted to implement Standard A2.2, paragraph 5.

Regulation 2.3 and Standard A2.3, paragraphs 2 and 5. Hours of work and hours of rest. Choice of regime. The Committee notes that sections 154 and 155 of the Law on Maritime Safety define, respectively, the maximum number of hours of work and the minimum number of hours of rest. The Committee recalls that, according to Standard A2.3, paragraph 2, each Member shall fix either a maximum number of hours of work which shall not be exceeded in a given period of time, or a minimum number of hours of rest which shall be provided in a given period of time. Noting that this Standard should not be interpreted as to give shipowners or masters the choice of regimes, the Committee requests the Government to explain how it ensures that the maximum hours of work and minimum hours of rest under sections 154 and 155 of the Law on Maritime Safety are fixed and not subject to selective application by shipowners or masters.

Regulation 2.3 and Standard A2.3, paragraph 4. Hours of work and hours of rest. Danger of fatigue. In the absence of information on this point, the Committee requests the Government to provide information on how, in determining the national standards related to hours of work and hours of rest, it has taken account of the danger posed by fatigue of seafarers, especially those whose duties involve navigational safety and the safe and secure operation of the ship (Standard A2.3, paragraph 4).

Regulation 2.3 and Standard A2.3, paragraphs 8 and 9. Hours of work and hours of rest. On call work. The Committee has not identified provisions giving effect to Standard A2.3, paragraph 8, which ensure that a seafarer has regulated hours of rest in instances when a seafarer is on call, such as when a machinery space is unattended, the seafarer shall have an adequate compensatory rest period if the normal period of rest is disturbed by call-outs to work. The Committee requests the Government to provide information on the measures taken to implement Standard A2.3, paragraph 8.

Regulation 2.3 and Standard A2.3, paragraph 12. Hours of work and hours of rest. Records. The Committee notes the Government’s indication that a ship operator shall ensure the posting, in an easily accessible place on board, of a table with the shipboard working arrangements in Montenegrin and English languages, which shall contain for every position at least: the schedule of service at sea and service in port, the seafarers’ maximum hours of work or the seafarers’ minimum hours of rest. The ship operator shall maintain records of seafarers’ daily hours of work and of their daily hours of rest (section 155, paragraph 5, of the Law on Maritime Safety). The Committee recalls that, according to Standard A2.3, paragraph 12, the seafarers shall receive a copy of the records pertaining to them which shall be endorsed by the master, or a person authorized by the master, and by the seafarer. The Committee requests the Government to provide information on the measures taken to comply with this requirement of the Convention.

Regulation 2.4, paragraph 2. Shore leave. While noting that this issue is regulated through the Safety Management System, the Committee has not identified provisions in the national legislation ensuring that seafarers are granted shore leave to benefit their health and well-being and consistent with the requirements of their positions. The Committee therefore requests the Government to indicate the laws or regulations adopted to give effect to this requirement in relation to all seafarers covered by the Convention.

Regulation 2.4 and Standard A2.4, paragraph 3. Entitlement to leave. Prohibition of any agreements to forgo the minimum annual leave with pay. While noting that this issue is regulated through the Safety Management System, the Committee has not identified provisions in the national legislation prohibiting any agreement to forgo the minimum annual leave with pay prescribed in this Standard, except in cases provided for by the competent authority (Standard A2.4, paragraph 3). The Committee therefore requests the Government to indicate the measures taken to give effect to this requirement of the Convention.

Regulation 2.5 and Standard A2.5.1, paragraph 2(b) and (c). Repatriation. Maximum period of service on board. Entitlements. The Committee notes the Government’s reference to section 127 of the Law on Maritime Safety which defines the repatriation costs, as well as to section 18 of the Collective Bargaining Agreement, stating that repatriation of the seafarer shall take place in such a manner as to meet reasonable requirements for the seafarer’s comfort, without specifying further details on the arrangements. The Committee further notes the Government’s reference to the Safety Management System Chapter 5.4.7.8 “Repatriation”, stating that seafarers have a right to be repatriated in the circumstances and under the conditions specified in the respective employment contracts and in line with the provisions set in Regulation and Standard A2.5 Repatriation of the MLC, 2006. Such circumstances and conditions including the precise entitlements to be accorded (such as the destinations of repatriation, the mode of transport, the items of expense to be covered and other arrangements to be made) shall be in conformity with National and Flag Administration laws and shall be reflected in the employment agreements. The Committee recalls that Standard A2.5.1, paragraph 2(c), requires precise entitlements to be accorded by shipowners for repatriation, including the mode of transport and other arrangements to be made by shipowners. The Committee further recalls that Standard A2.5.1, paragraph 2(b), requires determination of the maximum duration of service periods on board following which a seafarer is entitled to repatriation – such periods to be less than 12 months. The Committee has not identified provisions prescribing these measures in the national legislation, the Collective Bargaining Agreement or the Safety Management System. The Committee therefore requests the Government to indicate the measures taken to prescribe the maximum duration of service periods on board following which a seafarer is entitled to repatriation as well as the precise entitlements of the seafarer in relation to the arrangements to be made by shipowners in case of repatriation, including reference to the mode of transport.

Regulation 2.5 and Standard A2.5.1. Exceptions to the prohibition to recover the cost of repatriation. The Committee notes the Government’s reference to section 127 of the Law on Maritime Safety, according to which the shipowner shall not collect the repatriation costs from the crew member in the form of any prepayment at the commencement of his/her employment or from the remuneration the shipowner shall be obliged to pay out to the crew member, except in case of a serious breach of the employment agreement of the crew member. The ship operator shall be entitled to a refund of all repatriation costs of a crew member who disembarked the ship without permission and by his/her own fault caused the termination of employment, or who disembarked the ship due to an injury or illness which he/she caused wilfully or due to gross negligence. The Committee further notes the Government’s reference to section 18 of the Collective Bargaining Agreement, stating that a seafarer shall be also entitled to repatriation at the employer’s expense on termination of employment, except where such termination arises upon the misconduct and infringement of discipline on part of the seafarer and due to incompetence of the seafarer to exercise duties and tasks assigned to him in a skilful and competent manner, in which case the employer has right to a refund of all repatriation expenses. This also applies in cases when a seafarer signs off due to intentionally caused sickness or injury or by gross negligence. With regard to the possibility to recover the cost of the repatriation from the seafarer, the Committee underlines that it is conditioned on the seafarer to be found, in accordance with national laws or regulations or other measures or applicable collective bargaining agreements, to be in serious default of the seafarer’s employment obligations. Noting that section 127 of the Law on Maritime Safety refers to the notion of “a serious breach of the employment agreement”, the Committee requests the Government to provide information on the procedure to be followed and the standard of proof to be applied before any seafarer covered by the Convention can be found to be in “a serious breach of the employment agreement” pursuant to Standard A2.5.1, paragraph 3.

Regulation 2.5 and Standard A2.5.2. Repatriation. Financial security. Abandonment. The Committee notes that the Government has submitted Certificates of insurance in respect of seafarer repatriation costs and liabilities as required under Regulation 2.5.2, Standard A2.5.2. In relation to the 2014 amendments to the Code of the Convention, the Committee recalls that, pursuant to Standard A2.5.2, the Government shall ensure the provision of an expeditious and effective financial security system to assist seafarers in case of their abandonment. The Committee brings the Government’s attention to the following questions included in the revised report form for the Convention: (a) does national legislation require the provision of an expeditious and effective financial security system to assist seafarers in the event of their abandonment? (if yes, specify if the financial security system was determined after consultation with the shipowners’ and seafarers’ organizations concerned); (b) has your country received requests to facilitate repatriation of a seafarer and, if yes, how did your country respond?; (c) what are the circumstances under which a seafarer is considered abandoned according to national legislation?; (d) does national legislation provide that ships that need to be certified according to Regulation 5.1.3 must carry on board a certificate or other documentary evidence of financial security issued by the financial security provider? (if yes, specify if the certificate or other documentary evidence must contain the information required by Appendix A2-I and has to be in English or accompanied by an English translation, and if a copy must be posted in a conspicuous place on board); (e) does national legislation require that the financial security system is sufficient to cover outstanding wages and other entitlements, all expenses incurred by the seafarer (including the cost of repatriation), and the essential needs of the seafarers, as defined in Standard A2.5.2, paragraph 9; and (f) does national legislation provide for at least 30 days of notice by the financial security provider to the competent authority of the flag State before the financial security can cease? The Committee requests the Government to reply to all the above-mentioned questions, indicating in each case the applicable national provisions.

Regulation 2.8 and the Code. Career and skill development and employment opportunities for seafarers. The Committee notes that the Government’s report provides no information regarding career and skill development and opportunities for seafarers’ employment. The Committee draws the Government’s attention in this respect to Regulation 2.8 and the Code which require the adoption of policies to encourage career and skill development and employment opportunities for seafarers by all Members who have seafarers domiciled in their territories. The Committee requests the Government to provide information on any concrete measures taken in this regard.

Regulation 3.1 and the Code. Accommodation and recreational facilities. While noting the Government’s reference to the Rulebook on detailed conditions for work protection and accommodation of crew and other persons on the vessel (OGM 82/16 of 29 December 2016), the Committee has not identified the existence of the provisions on the following matters: prohibiting sleeping rooms to be situated below the load line of the vessel (Standard A3.1, paragraph 6(c); requirement to provide separate sleeping rooms for men and for women (Standard A3.1, paragraph 9(b)); requirement of a separate berth for each seafarer (Standard A3.1, paragraph 9(d)); requirement of a table or desk and seating accommodation for the sleeping room (Standard A3.1, paragraph 9(o)); requirement for the mess rooms to be located apart from the sleeping rooms (Standard A3.1, paragraph 10(a); requirement regarding separate sanitary facilities for men and women (Standard A3.1, paragraph 11(a)). The Committee therefore requests the Government to give effect to the above-mentioned provisions of the Convention.

Regulation 3.1, paragraph 2. Accommodation and recreational facilities. Requirements for ships constructed prior to the entry into force of the MCL, 2006. The Committee notes that the Government has not provided information in this regard. The Committee observes that Montenegro has ratified the Accommodation of Crews Convention (Revised), 1949 (No. 92). However, it notes that the Government has not provided information as to how the relevant requirements in Convention No. 92 apply with respect to matters relating to construction and equipment for ships constructed prior to the entry into force of the MLC, 2006, for Montenegro. The Committee recalls that even when the MLC, 2006 entered into force for Montenegro, Regulation 3.1, paragraph 2, provides that, for ships constructed before the date of its entry into force, the requirements relating to ship construction and equipment that are set out in Convention No. 92 shall continue to apply to the extent that they were applicable, prior to that date, under the law or practice of the Member concerned. Accordingly, the Committee requests the Government to provide detailed information concerning the implementing legislation for ships that continue to fall under the application of Convention No. 92.

Regulation 3.1 and Standard A3.1, paragraph 2. Accommodation and recreational facilities. Implementation. The Committee notes the provisions of the Rulebook on detailed conditions for work protection and accommodation of crew and other persons on the vessel in relation to measures of health, safety protection and accident prevention (such as, measures to prevent sliding (paragraph 35.11) and measures in relation to exposure to vibration and noise (paragraph 48)). It recalls that Regulation 4.3 and the Code regarding occupational safety and health and accident prevention envisages more detailed requirements, notably with regard to protection and prevention programmes, reporting and collection of statistics, and investigations. The Committee requests the Government to indicate the measures taken to give effect to Regulation 4.3 and Standard A3.1, paragraph 2(a).

Regulation 3.1 and Standard A3.1, paragraph 9. Accommodation and recreational facilities. Sleeping rooms. The Committee notes that the minimum floor space requirements for the sleeping rooms adopted by the Government refer to the free floor space, which does not include the surface occupied by the built-in furniture. The Committee recalls that the minimum requirements for the sleeping rooms area of the Standard A3.1, paragraph 9(f), (i) and (k), refer to the total space area, including the space occupied by the furniture as per Guideline B 3.1.5, paragraph 6. Accordingly, the Committee requests the Government to provide information on how it ensures that the total floor space area of the sleeping rooms comply with the requirements of the Convention and how it facilitates the calculation in practice.

The Committee further notes the requirement of larger floor spaces for the sleeping rooms of the master and the cockpit officer in paragraph 34.6 of the Rulebook on detailed conditions for work protection and accommodation of crew and other persons on the vessel. It recalls that the Convention prescribes larger space requirements for the floor spaces of the sleeping rooms for all the seafarers performing duties of ships’ officers (Standard A3.1, paragraph 9(f)). The Committee therefore requests the Government to indicate the measures taken to give full effect to this requirement of the Convention.

Regulation 3.1 and Standard A3.1, paragraph 18. Accommodation and recreational facilities. Frequent inspections. The Committee notes the Government’s reference to section 161, paragraph 4, of the Law on Maritime Safety, prescribing that “The master or person authorised by the master shall carry out inspection or review once a week the supplies of food and drinking water, all spaces and equipment used for storage and handling of food and drinking water, galley and other equipment for the preparation and service of meals, and prepare a report thereof, including the recommendations for detected deficiencies”. The Committee however has not identified any relevant provisions in relation to the frequency for on-board inspections of seafarers’ accommodation to be carried out by or under the authority of the master as well as to the requirements for recording those inspections. Accordingly, the Committee requests the Government to indicate the measures taken to give effect to Standard A3.1, paragraph 18.

Regulation 4.1 and Standard A4.1, paragraphs 1, 2 and 4. Medical care on board and ashore. The Committee notes the Government’s reference to section 49 of the Law on Maritime Safety stating that the conditions that must be met by the ship, equipment and devices for provision of adequate medical assistance to the crew members, the equipment and the required content of ship’s pharmacy and manner of their use shall be defined by the administration authority in charge of health care with the consent of the Ministry. The Committee further notes the Government’s reference to section 164, paragraph 5, of the same law, stating that the Ministry concerned, shall prescribe more detailed conditions in relation to the seafarers’ health-care measures and occupational protection measures. The Committee understands that the relevant regulations have not been adopted yet by the Ministry and that, in practice, medical care is ensured by shipowners through the implementation of the Safety Management System according to which shipowners provide the necessary measures and resources for the protection of the health of Seafarers and ensure that they have access to prompt and adequate medical care whilst working on board. The Committee requests the Government to provide information on the adoption by the Ministry of the measures giving effect to the health protection and medical care requirements under Standard A4.1, paragraph 1(a), (b), (d) and (e), (special provisions specific to work on board ship; prompt access to the necessary medicine; medical care provided free of charge; measures of a preventive character). The Committee also requests the Government to indicate the measures taken to adopt a standard medical report form as per Standard A4.1, paragraph 2, as well as regulations in relation to medicine chest, medical guide, obligation to carry a qualified medical doctor or one seafarer on board who is in charge of medical care (Standard A4.1, paragraph 4(a)–(c)).

Regulation 4.1 and Standard A4.1, paragraph 4(d). Medical care on board and ashore. Minimum requirements. Medical advice by radio or satellite. The Committee notes the Government’s reference to the Law on Electronic Communications (OGM 40/13, 56/13 and 2/17), and the Plan of the Radio Frequency Spectrum Use (OGM 28/14) as well as to the Radio Frequency Allocation Plan. The Committee requests the Government to inform whether the medical advice, in compliance with these regulations, is provided free of charge to all ships in accordance with Standard A4.1, paragraph 4(d).

Regulation 4.2 and the Code. Shipowners’ liability. In relation to the 2014 amendments to the Code of the Convention, the Committee recalls that pursuant to Standards A4.2.1 and A4.2.2, national laws and regulations shall provide that the financial security system to assure compensation in the event of the death or long-term disability of seafarers due to an occupational injury, illness or hazard meet certain minimum requirements. The Committee notes that the Government has transmitted examples of certificates of insurance of shipowners’ liability. The Committee draws the Government’s attention to the following questions included in the revised report form for the Convention: (a) form taken by the system of financial security was it determined after consultation with the shipowners’ and seafarers’ organizations concerned?; (b) how do national laws and regulations ensure that the system of financial security meets the following minimum requirements: (i) payment of compensation in full and without delay; (ii) no pressure to accept payment less than the contractual amount; (iii) interim payments (while situation is being assessed) to avoid undue hardship; (iv) offsetting payment against any damages resulting from any other claim made by the seafarer against the shipowner and arising from the same incident; and (v) persons who can bring the claim for contractual compensation (seafarer, her/his next of kin, representative or designated beneficiary)?; (c) does national legislation provide that ships must carry on board a certificate or other documentary evidence of financial security issued by the financial security provider? (if yes, specify if the certificate or other documentary evidence has to contain the information required in Appendix A4-I, be in English or accompanied by an English translation, and if a copy must be posted in a conspicuous place on board); (d) does national legislation provide: (i) for at least 30 days of notice by the financial security provider to the competent authority of the flag State before the financial security can cease; (ii) that the competent authority is notified by the financial security provider if a shipowner’s financial security is cancelled or terminated; and (iii) that seafarers receive prior notification if a shipowner’s financial security is to be cancelled or terminated?; and (e) how does national legislation ensure that effective arrangements are in place to receive, deal with and impartially settle contractual claims relating to compensation in the event of the death or long-term disability of seafarers due to an occupational injury, illness or hazard, through expeditious and fair procedures. The Committee requests the Government to reply to the above mentioned questions, indicating in each case the applicable national provisions. The Committee also requests the Government to provide a copy of a Model Receipt and Release Form for the treatment of contractual claims under Standard A4.2.2.

Regulation 4.3 and the Code. Health and safety protection and accident prevention. Legislation and other measures to protect health and safety of seafarers on board. The Committee notes that the Government has not provided information regarding the implementation of the requirements of Regulation 4.3 and the Code. The Committee notes however, in this regard, section 158, paragraph 3, of the Law on Maritime Safety which gives effect to Standard A4.3, paragraph 2(d) (establishment of a safety committee for the ships with five or more seafarers). It further notes that under section 158, paragraph 2, of the same Law, “guidelines about the manner of protection of health and safety and prevention of accidents on board shall be carried on board the ship”. The Committee has not identified any such guidelines in the available documentation. In this respect, it recalls that national guidelines for the management of occupational safety and health, to protect seafarers that live, work and train on board ships flying its flag have to be developed after consultation with representative shipowners’ and seafarers’ organizations (Regulation 4.3, paragraph 2). In the absence of any other provisions implementing Regulation 4.3 and the Code, the Committee requests the Government to indicate the measures taken to give effect to these requirements of the Convention.

Regulation 4.4 and the Code. Access to shore-based welfare facilities. Noting that the Government has provided no information on the implementation of this Regulation, the Committee requests the Government to indicate any measures taken to give effect to these provisions of the Convention.

Regulation 4.5 and the Code. Social security. The Committee notes that, in accordance with Standard A4.5, paragraphs 2 and 10, the Government has specified the following branches of social security: invalidity benefit; old-age benefit; survivor’s benefit; family benefit; employment injury and medical care benefit. It also notes that, under section 153, paragraph 10, of the Law on Maritime Safety, “the crew member shall have the right to … social security benefits and other forms of social security protection”. The Committee further notes that the Government refers to the existence of various bilateral agreements on social security, but provides no information on whether and how these agreements ensure that the social security provisions of the Convention are complied with. The Committee therefore requests the Government to provide a copy of the relevant bilateral agreements as well as to explain how it is ensured that all seafarers ordinarily resident in Montenegro and their dependants are granted social security coverage in the branches specified, which is no less favourable than that enjoyed by shoreworkers resident in Montenegro. It further requests the Government to provide detailed information on the benefits afforded to seafarers in each of the branches specified, indicating the relevant national provisions. The Committee also requests the Government to provide information on fair and effective procedures for the settlement of disputes relating to social security for seafarers to be established according to the Standard A4.5, paragraph 9.

Regulation 5.1.3 and the Code. Maritime Labour Certificate and Declaration of Maritime Labour Compliance (DMLC). The Committee notes the Government’s reference to section 164 of the Law on Maritime Safety which establishes the obligation to carry a Maritime Labour Certificate and a DMLC for ships flying the flag of Montenegro, engaged in international voyages, and which are 500 gross tonnage or over. The Committee further notes that the Government has not provided information regarding the implementation of the requirements of the Standard A5.1.3, paragraphs 1–8. The Committee requests the Government to indicate how it ensures compliance with these provisions of the Convention. The Committee further requests the Government to indicate the circumstances in which a Maritime Labour Certificate ceases to be valid (Standard A5.1.3, paragraphs 14 and 15; Guideline B5.1.3, paragraph 6) and must be withdrawn (Standard A5.1.3, paragraphs 16 and 17).

Regulation 5.1.3 and Standard A5.1.3, paragraph 10. Flag State responsibilities. Declaration of Maritime Labour Compliance. Content. The Committee notes that the example of the DMLC, Part I, submitted by the Government, only contains reference to the sections of the applicable legislation, without providing further details on the content of the relevant provisions. The Committee recalls that Standard A5.1.3, paragraph 10(a), provides that the DMLC, Part I, shall not only “identify the national requirements embodying the relevant provisions of this Convention by providing a reference to the relevant national legal provisions” but also provide “to the extent necessary, concise information on the main content of the national requirements”. The Committee also recalls that of Guideline B5.1.3, paragraph 1, provides guidance with respect to the statement of national requirements, including recommending that “where national legislation precisely follows the requirement stated in this Convention, a reference may be all that is necessary”. However, in many cases a reference will not provide enough information on national requirements where they relate to matters for which the Convention envisages some differences in national practices. Similarly, the Committee notes that the example of a DMLC, Part II, contains references to the relevant legislation and documents available on-board, without providing further details as to their content. In relation to Regulation 3.1, for example, the DMLC, Part II, contains a generic sentence indicating that “company provides and maintains decent accommodations and recreational facilities for seafarers working and living on board, consistent with promoting the seafarers health and well-being”. The Committee notes that such general indication does not identify the concrete measures adopted by the shipowner to ensure ongoing compliance with the national requirements between inspections on board of a given vessel (Standard A5.1.3, paragraph 10(b)). The Committee requests the Government to indicate the measures taken to amend Part I of the DMLC in order to provide, to the extent necessary, concise information on the main content of the national requirements. The Committee further requests that details on the measures adopted by a shipowner to ensure ongoing compliance with the national requirements and measures are reflected in the Part II of the DMLC, as per Standard A5.1.3, paragraph 10(b), of the Convention.

Regulation 5.1.4 and the Code. Flag State responsibilities. Inspection and enforcement. The Committee notes that the Government has not provided information in relation to the implementation of the requirements of Regulation 5.1.4 and the Code. Accordingly, the Committee requests the Government to indicate the measures taken to implement the relevant requirements.

Regulation 5.1.4 and Standard A5.1.4, paragraphs 2 and 3. Flag State responsibilities. Inspection and enforcement. Qualified inspectors. The Committee notes section 184 of the Law on Maritime Safety prescribing competency requirements for an inspector. It notes in particular the indication that “other special conditions and examinations to be met by the inspector, inspector’s ID form, as well as the manner of conducting the inspection shall be prescribed by the Ministry”. The Committee requests the Government to indicate whether any regulation has been adopted by the Ministry in this regard in order to ensure that inspectors have the training, competence, terms of reference, powers, status and independence necessary so as to enable them to carry out verifications (Standard A5.1.4, paragraph 3).

Regulation 5.1.5 and the Code. Flag State responsibilities. On-board complaints procedures. The Committee notes the Government’s reference to the procedures adopted for certain vessels in the Safety Management Manual in relation to the complaint procedure. The Committee observes the limited scope of application of those provisions. The Committee has not identified further provisions implementing Regulation 5.1.5 and Standard A5.1.5 and, notably, measures prohibiting and penalizing the victimization of seafarers for filing a complaint (Regulation 5.1.5, paragraph 2) and which ensure that seafarers are provided with a copy of the on-board complaint procedures (Standard A5.1.5, paragraph 4). The Committee accordingly requests the Government to indicate the measures taken to implement these requirements of the Convention.

Regulation 5.2.2 and the Code. Port State responsibilities. Onshore seafarer complaint-handling procedures. The Committee notes the reference of the Government to the Manual and Guidelines of the Paris Memorandum of Understanding, without providing concrete information on the functioning of the onshore complaint-handling procedure in its administration. The Committee recalls the purpose of Regulation 5.2 is to enable each Member to implement its responsibilities under the MLC, 2006 regarding international cooperation in the implementation and enforcement of the Convention standards on foreign ships. The Committee therefore requests the Government to inform how it implements in practice the provisions of Regulation 5.2.2 and Standard A5.2.2 related to onshore complaint-handling procedures, and in particular to provide information about established procedures, including steps taken to safeguard confidentiality for seafarers calling at its ports to report a complaint alleging breach of the requirements of the Convention.

Additional documentation requested. The Committee notes that the Government has omitted to provide some of the documents requested in the report form. The Committee would be grateful if the Government would provide the following documents and information: (1) Decree on the detailed procedure and the manner of conducting investigation on marine accidents and casualties (OGM 52/2015 of 11 September 2015); (2) Law on Inspection; (3) statistical information in relation to: (i) number of seafarers who are nationals or residents or otherwise domiciled in the territory; (ii) number of ships < 3,000 GT and ≥500 GT; (iii) number of ships <500 and ≥200 GT (please indicate if estimated); (iv) number of ships <200 GT (please indicate if estimated); (4) 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, during the period covered by this report; (5) a standard document issued to or signed by inspectors setting out their functions and powers (Standard A5.1.4, paragraph 7, Guideline B5.1.4, paragraphs 7 and 8), together with a summary in English, French or Spanish if the document is not in one of those languages; (6) a copy of any national guidelines issued to inspectors in implementation of Standard A5.1.4, paragraph 7, with an indication of the content in English, French or Spanish if the guidelines are not in one of those languages; (7) a copy of the form used for an inspector’s report (Standard A5.1.4, paragraph 12); and (8) 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; 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.

[The Government is asked to reply in full to the present comments in 2021.]