Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

Spain

Medical Examination (Fishermen) Convention, 1959 (No. 113) (Ratification: 1961)
Fishermen's Articles of Agreement Convention, 1959 (No. 114) (Ratification: 1961)
Accommodation of Crews (Fishermen) Convention, 1966 (No. 126) (Ratification: 1968)

The Committee notes the Government’s reports on the application of Conventions Nos 113, 114 and 126 relating to the fishing sector. The Committee also notes the observations of the General Union of Workers (UGT) and of the Trade Union Confederation of Workers' Commissions (CCOO), received on 22 and 31 August 2016, respectively, as well as the Government’s reply to those observations. In order to provide an overview of matters arising in relation to the application of the Conventions on the fishing sector, the Committee considers it appropriate to examine them in a single comment, as follows.

The Committee notes with interest the measures that the Government plans to take in order to transpose Council Directive (EU) 2017/159, of 19 December 2016, implementing the Agreement concerning the implementation of the Work in Fishing Convention, 2007 of the International Labour Organisation, concluded on 21 May 2012 between the General Confederation of Agricultural Cooperatives in the European Union (Cogeca), the European Transport Workers' Federation (ETF) and the Association of National Organisations of Fishing Enterprises in the European Union (Europêche). The Committee requests the Government to provide information on any measures or legal provisions adopted within this framework that have an impact on the application of the ILO Conventions on the fishing sector.

Medical Examination (Fishermen) Convention, 1959 (No. 113)

Article 2 of the Convention. Medical certificate for fishers. The Committee notes that the CCOO refers to the need for medical staff to have access to job evaluation reports in relation to medical examinations so that they are fully aware of the occupational health risks workers face and have more precise information at their disposal when conducting such examinations. In this regard, the Committee notes the Government’s indication that the concerns raised by CCOO will be taken into account during the development of the regulations of Act No. 47/2015 on social protection for workers in the maritime fishing sector. The Committee requests the Government to provide information on any developments in this area to ensure that doctors who grant medical certificates have all the necessary information at their disposal to discharge fully the functions entrusted to them by the Convention.

Article 5 of the Convention. Independent examinations by a medical referee. The Committee notes the UGT’s indication that, in accordance with section 10 of Royal Decree No. 1696/2007, regulating pre-embarkation maritime medical examinations, persons denied a certificate only have one administrative recourse, which is determined by the Director-General of the Social Marine Institute, only taking into consideration reports by the doctor who refused to grant the certificate. The Committee notes the Government’s indication that, in the context of the regulations that are being drafted under Act No. 47/2015, a draft text is being prepared which includes the possibility for anyone who disagrees with the result of a medical examination to request another assessment by a different maritime health practitioner. The Committee requests the Government to provide information on the developments of the draft text or any other measure taken to ensure that anyone denied a medical certificate is able to request another examination by one or more medical referees.

Fishermen's Articles of Agreement Convention, 1959 (No. 114)

Articles 3 to 11 of the Convention. Fishers’ articles of agreement. In its previous comments, the Committee requested the Government to take the necessary measures, without delay, to ensure the application of the provisions of the Convention relating to the obligation to conclude fishers’ articles of agreement in writing (Article 3), the particulars that must be contained in the agreements (Article 6), the possibility for the fisher to obtain information on board about the conditions of employment (Article 8) and the need for national legislation, collective or individual agreements to determine the circumstances in which the fisher may demand his immediate discharge (Article 11). The Committee notes with interest the draft bill of February 2019, seeking to revise the amended text of the Workers’ Charter, approved by Royal Legislative Decree No. 2/2015 of 23 October 2015, on work in fishing. Prepared within the framework of the transposition of the European Union Directive, the draft bill seeks to amend section 8(2) of the amended text of the Workers’ Charter in order to require, in all cases, employment contracts for fishers in writing. The Committee also notes with interest the draft Royal Decree establishing working conditions in fishing, of September 2019, also prepared within the framework of the transposition of the Directive. This draft bill regulates, in a detailed manner, the content of fishers’ articles of agreement. The Committee requests the Government to provide information on the progress made on the draft bill and draft Royal Decree.

Accommodation of Crews (Fishermen) Convention, 1966 (No. 126)

Article 3 of the Convention. Applicable legislation. In its previous comments, the Committee requested the Government to provide information on any new legislation adopted in order to give effect to Article 3 which establishes the obligation for each Member to maintain in force legislation that ensures the application of the provisions of Parts II (Planning and control of crew accommodation) III (Crew accommodation requirements) and IV (Application to existing ships) of the Convention. The Committee notes that the draft Royal Decree of September 2019 establishing working conditions in fishing regulates certain aspects of accommodation on board fishing vessels and establishes minimum safety and health requirements applicable to the accommodation. The Committee requests the Government to provide information on the progress made on the draft Royal Decree of September 2019.

Finally, the Committee notes that the CCOO in its observations welcomes the so-called SEGUMAR campaigns for the prevention of occupational hazards in fishing conducted by the Ministry of Development, the Ministry of Labour and Immigration and the Ministry of Environment and Rural and Marine Affairs, as well as detailed information provided by the Government on those campaigns.