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

Accommodation of Crews (Fishermen) Convention, 1966 (No. 126) - Montenegro (Ratification: 2006)

Implementing legislation. The Committee had noted in its previous comments the Government’s indication that the provisions of the Convention would be implemented pursuant to a by-law to the Law on Maritime Safety Navigation (hereinafter, referred to as “the Law on Maritime Safety”). The Committee notes with interest in this regard that the Rulebook on detailed conditions for work protection and accommodation of crew and other persons on the vessel (OGM 82/16, hereinafter, referred to as “the Rulebook”), has been adopted under section 49, paragraph 4, of the Law on Maritime Safety.

Article 3(2). Inspections, penalties and periodic consultations. Noting that the Government has not provided information in this regard, the Committee requests the Government to indicate to indicate how it gives effect to these provisions of the Convention.

Articles 4 and 5 Planning and control of crew accommodation. Noting that the Government has not provided information in this regard, the Committee requests the Government to indicate how it gives effect to Articles 4 and 5 of the Convention.

Article 10(2). Floor area per occupant in sleeping rooms. The Committee notes that section 34 of the Appendix to the Rulebook, which deals, inter alia, with the technical characteristics of sleeping rooms, does not comply with the requirements of the Convention. The Committee therefore requests the Government to provide information on the measures taken or envisaged to ensure full compliance with this Article of the Convention, and to clarify the maximum number of crewmembers who may be accommodated in “double cabins” on board shipping vessels.

Article 10(9). Maximum number of persons to be accommodated in any sleeping room. The Committee notes section 32.13 of the Appendix to the Rulebook, which provides that all the doors of the premises bear signs indicating their purpose. It recalls, however, that this Article of the Convention requires that the maximum number of persons to be accommodated in any sleeping room shall be marked both legibly and indelibly where it can conveniently be seen. The Committee therefore requests the Government to indicate how full effect is given to this Article of the Convention.

Article 10(10). Individual berths. The Committee recalls that the Convention specifically requires that members of the crew shall be provided with individual berths. Noting that this requirement is not specifically addressed in the relevant legislation, the Committee requests the Government to explain how it ensures full compliance with this Article of the Convention.

Article 12(4). Technical characteristics of sanitary facilities. The Committee notes that section 36.7 of the Appendix to the Rulebook deals with technical characteristics of sanitary facilities. It notes, however, that the said section does not provide for washbasins and tub baths to be of adequate size and constructed of approved material with a smooth surface not liable to crack, flake or corrode, as required by this Article of the Convention. The Committee requests the Government to indicate the measures taken or envisaged to ensure full compliance with this Article of the Convention.

Articles 12(5) and 14. Ventilation The Committee notes that section 46 of the Appendix to the Rulebook deals with ventilation on board fishing vessels. Nonetheless, the Committee notes that the existing legislation does not require that: (a) all water closets have ventilation to the open air, independently of any other part of the accommodation (Article 12(5) of the Convention); and (b) sufficient and adequately ventilated accommodation for the hanging of oilskins be provided outside, but convenient to the sleeping rooms (Article 14). The Committee requests the Government to indicate how it ensures compliance with these Articles of the Convention.

Article 12(8)(e). Water closets. The Committee notes that section 36 of the Appendix to the Rulebook provides for water closets on board. It also notes, however, that the current legislation does not require that, where there is more than one water closet in a compartment, they shall be sufficiently screened to ensure privacy, as required by the Convention. The Committee requests the Government to indicate how it ensures full compliance with this Article of the Convention.

Article 16(6). Cooking. The Committee notes section 38 of the Appendix to the Rulebook, which deals with household premises, including galleys on board shipping vessels. The Committee notes, however, that no specific reference is made to cooking methods. Recalling that, as required by this Article of the Convention, where butane or propane gas is used for cooking purposes in the galley, the gas containers shall be kept on the open deck, the Committee requests the Government to explain how full compliance is ensured with this Article of the Convention.