Accommodation of Crews (Fishermen) Convention, 1966 (No. 126) - Greece (Ratification: 1990)

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

Article 3(1) of the Convention. Implementing legislation. The Committee has been requesting the Government for a number of years to specify the laws or regulations which ensure the application of the provisions of Parts II, III and IV of the Convention, as required under its Article 3(1). In successive reports, the Government has indicated that, upon ratification, any ratified Convention becomes an integral part of domestic law and there is therefore no need for adopting specific legislation to implement its provisions. The Committee had requested more detailed explanations in respect of Presidential Decree No. 281/1996 on minimum safety and health requirements for work on board fishing vessels. In particular, reference was made to section 13.4 of Annex I and section 13.3 of Annex II of the Presidential Decree, which sets out separate crew accommodation requirements based on the nature of the voyage (domestic or international). The Committee had recalled in this regard that the Convention does not set out separate crew accommodation requirements based on the nature of the voyage (domestic or international) undertaken by the fishing vessel. The Committee takes note of the explanation provided by the Government that the Convention is fully applicable to both domestic and international voyages.

Furthermore, the Committee notes 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 Organization, 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 Organizations of Fishing Enterprises in the European Union (Europêche). According to its Article 4(1), Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 15 November 2019. The Committee requests the Government to provide information on any new laws or regulations related to the Convention adopted in the context of the implementation of the abovementioned Directive.

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

Article 3(1) of the Convention. Implementing legislation. The Committee has been requesting the Government for a number of years to specify the laws or regulations which ensure the application of the provisions of Parts II, III and IV of the Convention, as required under this Article of the Convention. In successive reports, the Government has indicated that, upon ratification, any ratified Convention becomes an integral part of domestic law and there is therefore no need for adopting specific legislation to implement its provisions. The Government has also indicated that under section 2(6) of Presidential Decree No. 259/1981 on regulations on the accommodation of the master and crew of Greek merchant ships, as amended by Presidential Decree No. 236/1996, these regulations apply to fishing vessels only for matters not expressly regulated by the provisions of Convention No. 126. In its last report, the Government has stated that additional provisions on crew accommodation of fishing vessels are prescribed in Presidential Decree No. 281/1996 on minimum safety and health requirements for work on board fishing vessels. In this connection, the Committee notes that under section 13.4 of Annex I of Decree No. 281/1996, new fishing vessels engaged in international voyages must comply with the requirements of Part III of Convention No. 126, whereas vessels of more than 100 gross tons engaged in domestic voyages must comply with the requirements of parts A and C of Chapter II of Decree No. 259/1981. A similar distinction is made in section 13.3 of Annex II of Decree No. 281/1996 with respect to existing fishing vessels. The Committee recalls, however, that the Convention does not set out separate crew accommodation requirements based on the nature of the voyage (domestic or international) undertaken by the fishing vessel. Moreover, the Committee considers that the above referenced provisions, which expressly require only those fishing vessels – whether new or existing – engaged in international voyages to comply with the detailed technical standards of Part III of Convention No. 126, tend to contradict the Government’s position that the Convention does not need to be transposed in internal law and that it is fully implemented as from its ratification. The Committee accordingly requests the Government to provide more detailed explanations in this respect.

Finally, the Committee recalls that most of the provisions of this Convention have been incorporated in the Work in Fishing Convention, 2007 (No. 188), which aims at revising and bringing up to date in an integral manner most of the existing ILO fishing instruments. In particular, Articles 25–28 and Annex III of Convention No. 188 draw upon and further elaborate the provisions of Convention No. 126. The Committee accordingly invites the Government to give due consideration to the new global standard on fishers’ working and living conditions and to keep the Office informed of any decision taken with a view to its ratification.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

Article 3 of the Convention. Implementing legislation. The Committee recalls that, although the international labour Conventions, once ratified, become part of domestic legislation and prevail over all provisions to the contrary, certain provisions of these Conventions are not directly applicable and require the adoption of national laws. The Committee hopes that the Government will provide, in its next report, the information requested concerning the following: the scope of the national legislation (Article 1(3) and (6) of the Convention); the regular consultation of fishing-vessel owners’ and fishers’ organizations (Article 3(2)(e)); provisions relating to complaints lodged by recognized fishers’ organizations (Article 5(1)(c)); the installation of an adequate system of heating (Article 8(1)); provisions relating to sleeping rooms (Article 10(6)(b), (8), (12), (13) and (25)); the setting up of a sick bay on board (Article 13(1)); and the location of gas containers (Article 16(6)).

The Committee also notes that the Crew Accommodation Regulations do not appear to contain specific provisions that give effect to the following provisions of the Convention for ships of between 100 and 500 tons: Article 7(5); Article 10(2), (12), (13), (14), (16), (22), (24), (25) and (26); Article 11(5) and (7); and Article 12(8)(e). The Committee therefore asks the Government to indicate how effect is given to these provisions of the Convention in legislation and in practice.

Lastly, the Committee recalls that it has not been able to identify the provisions of national legislation which give effect to the following provisions of the Convention: Article 6(2) and (15); Article 9(2), (3) and (5); Article 10(18); and Article 12(4) and (7). The Committee therefore asks the Government to provide further information on these points.

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

The Committee notes the Government’s report which contains no concrete replies to its previous direct request. The Committee recalls that, although the international labour Conventions, once ratified, become part of domestic legislation and prevail over all provisions to the contrary, certain provisions of these Conventions are not directly applicable and require the adoption of national laws. The Committee hopes that the Government will provide, in its next report, the information requested concerning the following:  the scope of the national legislation (Article 1, paragraphs 3 and 6, of the Convention); the regular consultation of fishing-vessel owners’ and fishers’ organizations (Article 3, paragraph 2(e)); provisions relating to complaints lodged by recognized fishers’ organizations (Article 5, paragraph 1(c)); the installation of an adequate system of heating (Article 8, paragraph 1); provisions relating to sleeping rooms (Article 10, paragraphs 6(b), 8, 12, 13 and 25); the setting up of a sick bay on board (Article 13, paragraph 1); and the location of gas containers (Article 16, paragraph 6).

The Committee also notes that the Crew Accommodation Regulations do not appear to contain specific provisions that give effect to the following provisions of the Convention for ships of between 100 and 500 tons: Article 7, paragraph 5; Article 10, paragraphs 2, 12, 13, 14, 16, 22, 24, 25 and 26; Article 11, paragraphs 5 and 7; and Article 12, paragraph 8(e). The Committee therefore asks the Government to indicate how effect is given to these provisions of the Convention in legislation and in practice.

Lastly, the Committee recalls that it has not been able to identify the provisions of national legislation which give effect to the following provisions of the Convention: Article 6, paragraphs 2 and 15; Article 9, paragraphs 2, 3 and 5; Article 10, paragraph 18; and Article 12, paragraphs 4 and 7. The Committee therefore asks the Government to provide further information on these points.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes the information supplied in the Government’s previous reports, and would appreciate receiving additional information on the following points.

Article 1, paragraph 3, of the Convention. The Committee notes that Presidential Decree No. 259/1981 concerning Regulations on the Accommodation of the Master and Crew of Greek Merchant Ships, as amended by Presidential Decree No. 236/1996 (hereinafter referred to as the "Crew Accommodation Regulations") covers ships, including fishing vessels, over 100 tons. While recalling that the Convention does not apply to ships and boats of less than 75 tons, the Committee requests the Government to clarify how it is ensured that the provisions of the Convention are applied to fishing vessels of between 75 and 100 tons.

Article 1, paragraph 6. The Committee notes that, under section 46 of the Crew Accommodation Regulations, the Merchant Ships Inspectorate (EEP) is authorized to exempt from some or all requirements provided for in chapter two of the Regulations: (i) ships engaged on daily voyages of short duration; and (ii) ships whose crew of small organic composition does not remain on board after completion of the voyage. While recalling that the Convention permits those fishing vessels which normally remain away from their home ports for periods of less than 36 hours and in which the crew does not live permanently on board when in port, to be exempted from the application of a limited number of provisions of the Convention, the Committee asks the Government to supply more detailed information on the manner in which section 46 of the Regulations is applied in practice.

Article 3, paragraph 2(e). The Committee requests the Government to indicate any specific arrangements which may have been put in place for periodic consultations with fishing vessel owners’ and fishers’ organizations, where such exist, as required under this Article of the Convention.

Article 5, paragraph 1(c). The Committee notes the Government’s reference to circular No. 1420.87/25-6-87 of the Ministry of Mercantile Marine as laying down the investigation procedure to be followed in case of a complaint filed by a fishing vessel crew member or a fishermen’s organization. The Committee would be grateful if the Government could transmit a copy of that administrative circular.

Article 5, paragraph 2. The Committee notes the Government’s statement that crew accommodation aboard fishing vessels is subject to annual inspections which are carried out in parallel with safety inspections. It also notes the Government’s reference to Presidential Decree 542/68 as being the relevant legal text in this respect. The Committee would appreciate receiving a copy of this Decree.

Article 8, paragraph 1. The Committee notes that section 39(5) of the Crew Accommodation Regulations permits in general the exemption of fishing vessels of total gross tonnage of up to 250 tons from the obligation to install a heating system, should this be technically impossible. While noting that the Convention does not permit exemptions with regard to the installation of a heating system other than for climatic reasons, the Committee asks the Government to supply further explanations in this regard.

Article 10, paragraphs 6(b) and 8. The Committee notes that, under section 9(3) of the Crew Accommodation Regulations, in ships over 500 tons engaged in fishing, whaling or fish processing, the EEP may authorize the berthing in one room of up to ten persons. Recalling that the Convention permits a maximum of four persons to be accommodated in one sleeping room in ships over 250 tons, the Committee asks the Government to provide further explanations in this regard.

Article 10, paragraphs 12 and 13. The Committee notes that, contrary to the requirements of this Article of the Convention, section 13(3) of the Crew Accommodation Regulations permits berths to be in tiers of more than two in fishing vessels of over 500 tons. It also notes that the same section of the Regulations provides for the minimum distance of the lower berth from the floor, but not for the distance of the upper berth from the deckhead beams. The Committee therefore asks the Government to indicate how conformity is ensured with the above provisions of the Convention.

Article 10, paragraph 25. The Committee notes that section 14(6) and (7) of the Crew Accommodation Regulations requires sleeping rooms in ships over 500 tons to be fitted with mirrors, small cabinets and hangers, but does not refer to bookracks. It therefore asks the Government to provide information on the application of this provision of the Convention.

Article 13, paragraph 1. The Committee notes that section 22(1) of the Crew Accommodation Regulations provides for separate hospital accommodation only in new ships over 1,600 tons, whereas existing ships of 1,600 tons and above may be exempted from this obligation. The Committee recalls that the Convention requires a sick bay on all ships of 500 tons or over and asks the Government to indicate how this provision is applied with respect to ships of between 500 and 1,600 tons.

Article 16, paragraph 6. While noting that section 45(3) of the Crew Accommodation Regulations prohibits the storage of gas containers under the deck, or in closed spaces, in ships of between 100 and 500 tons, the Committee requests the Government to explain how this provision of the Convention is given effect in ships of over 500 tons.

In addition, the Committee notes that there do not seem to exist specific provisions in the Crew Accommodation Regulations for the application of the following provisions of the Convention with respect to ships of between 100 and 500 tons: Article 7, paragraph 5; Article 10, paragraphs 2, 12, 13, 14, 16, 22, 24, 25 and 26; Article 11, paragraphs 5 and 7; Article 12, paragraph 8(e). It therefore asks the Government to indicate how these provisions of the Convention are given effect both in law and practice.

Moreover, the Committee has been unable to identify provisions in the national legislation giving effect to the following provisions of the Convention: Article 6, paragraphs 2 and 15; Article 9, paragraphs 2, 3 and 5; Article 10, paragraph 18; Article 12, paragraphs 4 and 7. The Committee would therefore appreciate receiving additional information in this regard.

Parts III and V of the report form. The Committee would be grateful if the Government would provide up-to-date information on the manner in which the Convention is applied in practice, including, for instance, statistics on the size of the Greek fishing fleet (if possible, broken up by type of vessel and tonnage) and workforce, extracts from reports of the inspection services showing the number and nature of contraventions observed and the sanctions imposed, copies of official documents such as inspection guidelines or manuals, etc.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes the information contained in the Government's report. The Committee notes from the report that under article 28(1) of the Greek Constitution, the provisions of the Convention become part of Greek law upon ratification. Furthermore, the report once again refers to a draft Presidential Decree which should ensure application of the Convention by taking account of its provisions and those of Council of Europe Directive 93/103/CE of 23 November 1993, concerning minimum occupational safety and health prescriptions on board fishing vessels - which is to come into force on 23 November 1995.

The Committee wishes to draw the Government's attention to the fact that Article 3, paragraph 1, of the Convention provides that "each Member for which this Convention is in force undertakes to maintain in force laws or regulations which ensure the application of the provisions of Parts II, III and IV of this Convention". It hopes that in its next report the Government will be able to indicate that such legislation has been adopted and that it will provide a copy of it.

[The Government is asked to report in detail in 1996.]

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes the information in the first report. In particular, the Government indicates that the Convention will be fully implemented when the draft Decree referred to also in the reports for Conventions Nos. 92 and 133 comes into force. The Committee trusts the Government will include full details in its next report.