Maritime Labour Convention, 2006 (MLC, 2006) - France (Ratification: 2013)

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

The Committee notes the Government’s second report on the application of the Maritime Labour Convention, 2006, as amended (MLC, 2006). The Committee notes the observations of the General Confederation of Labour – Force Ouvrière (CGT-FO), transmitted on 18 October 2017. The Committee notes that the amendments to the Code approved by the International Labour Conference in 2014 and 2016 entered into force for France on 18 January 2017 and 8 January 2019, respectively. The Committee notes the efforts made by the Government and the social partners to give effect to the Convention. Following its second review of the information and documentation available, the Committee wishes to draw the Government’s attention to the following issues.

Article II, paragraphs 1(f), 2 and 3, of the Convention. Scope of application. Seafarers or mariners (“marins”). The Committee previously noted that section L. 5511-1 of the Transport Code makes a distinction between “seafarers” (“gens de mer”), which it defines as “all persons, whether or not employees, who carry on an occupational activity in any capacity on board ship”, and mariners (“marins”), who are defined as “seafarers, whether or not employees, who carry on any activity directly related to the operation of the ship”. Noting that seafarers are excluded from the scope of application of certain provisions of Title IV of Book V of the second part of the Transport Code governing labour law (section L. 5549-2 of the Transport Code), the Committee requested the Government to indicate the measures taken or envisaged to ensure that the protection afforded by the Convention is guaranteed to all seafarers. The Government indicates in this regard that “section L. 5549-2 provides for the application to seafarers other than mariners of the rules set out in Title IV (labour law) with the exception of the provisions enumerated precisely in the present section. These exclusions from their application are due: either to the wording of the rule itself which explicitly covers all seafarers; or to the fact that the rule can only concern personnel who by their activity on board are mariners, thereby rendering its extension to seafarers other than mariners of no avail; or to the fact that the rule that is set aside does not give effect to the Maritime Labour Convention”. The Committee notes this information which replies to the point raised previously. The Committee notes that, in its observations, the CGT-FO emphasizes the situation of “mariners employed by the State through its Major Maritime Ports”, who are covered by two collective agreements (officers and mariner crewmembers) which have not been extended and are not registered. The Committee requests the Government to provide detailed information on the situation of these mariners and to indicate whether or not they are covered by the national provisions giving effect to the Convention.

The Committee noted previously that, under the terms of Decree No. 2015-454 of 21 April 2015 on the classification of seafarers and mariners, certain persons carrying on an occupational activity on board a ship are not considered to be “seafarers” within the meaning of the Convention. These persons are part of a category known as “Personnel other than seafarers”, and include performers and other entertainers, stewards, chefs, ministers of religion and persons carrying on well-being or sports activities. The Committee requested further information in this regard. Noting the absence of information on this subject, the Committee recalls that persons who regularly spend more than short periods aboard, even where they perform tasks that are not normally regarded as maritime tasks, may still be regarded as seafarers for the purpose of the Convention, regardless of their position on board. It requests the Government to provide information on the “personnel other than seafarers”, particularly with regard to the duration and frequency of the periods of work performed on board and the principal place of work of such personnel.

Article II, paragraphs 1(i), 4 and 5. Scope of application. Ships. The Committee notes that a document published in January 2018 under the authority of the Ministry responsible for maritime transport and entitled “Situation of the fleet flying the French flag” reports that: “distributed between the various registers, the French maritime transport fleet of ships over 100 UMS (Universal Measurement System) includes 75 ships registered in the French International Register (RIF), 54 ships on the metropolitan register and 36 ships on the overseas registers, including 23 in French Polynesia. The maritime service fleet consists of 102 ships registered in the French International Register (RIF), 127 ships on the metropolitan register and 14 ships on overseas registers”. The Committee notes that most of the information provided by the Government in its report relates to the metropolitan register, also known as the national register. The Committee requests the Government to provide detailed information on the manner in which effect is given to the requirements of the MLC, 2006, when it is applicable, in respect of ships registered on the various registers, including with regard to social security protection.

Regulation 1.2 and the Code. Medical certificate. The Committee notes the observations of the CGT-FO, which explains that: “medical care for seafarers is under threat due to the limited numbers of doctors for seafarers and the chronic difficulties experienced in replacing those who leave”. The Committee recalls that no seafarers may work on a ship unless they hold a valid medical certificate attesting that they are medically fit to perform their duties (Regulation 1.2, paragraph 1) and that the medical certificate shall be delivered by a duly qualified medical practitioner (Standard A1.2, paragraph 4), which implies the need for sufficient numbers of duly qualified medical practitioners. The Committee requests the Government to provide its comments in this regard.

Regulation 1.4 and the Code. Recruitment and placement. In the absence of information and specific legislation, the Committee previously requested the Government to provide information on the measures adopted to give effect to Regulation 1.4. The Committee notes with interest the adoption of Decree No. 2017-1119 of 29 June 2017 on private recruitment and placement services and the Order of 16 January 2018 on seafarers’ private recruitment and placement services.

The Committee notes that section L. 5546-1-5 of the Transport Code provides that: “I. The private seafarers’ recruitment and placement services established in France shall demonstrate, through a financial security, insurance policy or any other equivalent measures, that they have the capacity to compensate seafarers for the loss suffered in the event of the failure to meet their obligations to them.” The Committee notes that sections 3 and 7 of Decree No. 2017-1119 of 29 June 2017 establish the requirement for private recruitment and placement services to provide, in accordance with section L. 5546-1-5 of the Transport Code, a certificate of insurance for civil responsibility referring solely to the activity of the placement of seafarers. The Government, in its first report, explained that “placement, that is the matching of vacancies and jobseekers, refers to the situation in which the seafarer’s employment agreement is concluded between the seafarer who has been placed and the enterprise in which the seafarer has been placed. The placement service is not therefore the employer. The provision of labour refers to the situation in which the seafarer’s employment agreement is concluded between the seafarer provided to a user enterprise and the enterprise which provides the seafarer to the user enterprise. The latter is generally the shipowner. In French law, enterprises that provide seafarers are temporary employment enterprises, which are governed by the general regulations of the Labour Code, and maritime labour enterprises, which are envisaged in the Transport Code”. The Committee recalls that paragraph 5(c)(vi) of Standard A1.4 requires that: “A Member … shall, in its laws and regulations or other measures, at a minimum: … ensure that seafarer recruitment and placement services operating in its territory: … establish a system of protection, by way of insurance or an equivalent appropriate measure, to compensate seafarers for monetary loss that they may incur as a result of the failure of a recruitment and placement service or the relevant shipowner under the seafarers’ employment agreement to meet its obligations to them”. The Committee, emphasizing that paragraph 5(c)(vi) of Standard A1.4 refers to recruitment and placement services, irrespective of whether they act as employers of seafarers or simple intermediaries between the shipowner and seafarers, requests the Government to indicate the provisions requiring temporary employment enterprises and maritime labour enterprises to establish the required protection.

The Committee notes that section L. 5546-1-5 of the Transport Code refers to the requirement for private seafarer recruitment and placement services to demonstrate that they have the capacity to compensate seafarers for the loss suffered in the event of the failure to meet their obligations to them. The Committee recalls that paragraph 5(c)(vi) of Standard A1.4 requires recruitment and placement services to establish a system of protection to compensate seafarers for monetary loss that they may incur as a result of the failure of the recruitment and placement service “or the shipowner” under the seafarers’ employment agreement to meet its obligations to them. Noting that the protection envisaged in the national legislation does not appear to cover the compensation of monetary loss due to a failure by the shipowner, the Committee requests the Government to indicate the measures adopted or envisaged to give full effect to paragraph 5(c)(vi) of Standard A1.4.

The Committee notes that section L. 5621-3, second indent, of the Transport Code provides that: “Where there is no procedure for approval, or where the maritime labour enterprise is established in a State in which neither the Recruitment and Placement of Seafarers Convention (No. 179), nor the Maritime Labour Convention, 2006, of the International Labour Organization, apply, the shipowner shall ensure that the maritime labour enterprise complies with their requirements”. Noting that this provision is only applicable to ships registered on the French International Register, the Committee recalls that, under the terms of paragraph 9 of Standard A1.4, each Member shall require that shipowners of ships that fly its flag, who use seafarer recruitment and placement services based in countries or territories to which the MLC, 2006, does not apply, ensure, as far as practicable, that those services meet the requirements of the Convention. The Committee requests the Government to indicate the national provisions giving effect to paragraph 9 of Standard A1.4 for ships covered by the Convention and which are not registered in the French International Register.

Regulation 2.1 and the Code. Seafarers’ employment agreements. The Committee previously recalled the need to take measures to enable the seafarer to examine the agreement before signing it and to ensure that effect is given to paragraph 1(a) of Standard A2.1 of the MLC, 2006, under the terms of which the agreement shall be signed both by the seafarer and by the shipowner or a representative of the shipowner, whoever the employer may be. The Committee notes that section L. 5542-5 of the Transport Code gives effect to paragraph 1(b) of Standard A2.1 in relation to the requirement to ensure that seafarers are given the opportunity to examine and seek advice on the agreement before signing it. With regard to paragraph 1(a) of Standard A2.1, it notes the Government’s indication that the name of the shipowner is included on the seafarers’ employment agreement, even when the agreement is concluded with an employer who is not a shipowner. The Committee recalls that, under the terms of paragraph 1 of Standard A2.1, seafarers shall have an original of the seafarers’ employment agreement signed by both the seafarer and the shipowner or a representative of the shipowner irrespective of whether or not the shipowner is considered to be the employer of the seafarer. The Committee once again requests the Government to take measures to give effect to this provision of the Convention.

Regulation 2.3 and the Code. Hours of work and hours of rest. With reference to its previous comment concerning the division of rest periods, the Committee notes the Government’s indication that the collective agreement of crew officers of transport enterprises and maritime services, extended by an Order of 3 November 2014, and the national collective agreements of the group of shipowners operating on waterways (officers and crewmembers), extended by the orders of 22 July 2016, allow derogations from the division of daily rest periods. These agreements refer to compensation in the form of leave as envisaged in section L. 5544-4 of the Transport Code. The Committee notes this information, which addresses its previous request.

With reference to its previous comment concerning the regulations applicable to the ship’s master in respect of working time, the Committee notes the Government’s explanations referring to section 5 of Decree No. 2007-1843, of 26 December 2007, under the terms of which sections 24 to 30 of the Maritime Labour Code are applicable to the ship’s master. The Committee notes this information, which addresses its previous request.

The Committee noted previously that the collective agreement of crew officers of transport enterprises and maritime services authorizes exemptions from the limits set out under the terms of paragraphs 5 and 6 of Standard A2.3. It requested information on whether any other agreements or collective agreements have been concluded allowing exemptions from the established limits. The Committee notes the Government’s indication that the national collective agreement of the group of shipowners operating on waterways for crew officers and the national collective agreement of the group of shipowners operating on waterways for crewmembers of 30 July 2015, extended by the orders of 22 July 2016, allow exemptions from the maximum weekly limit of 72 hours set out in Decree No. 2005-305 of 31 March 2005 respecting the hours of work of seafarers. The Committee notes that these collective agreements indicate however that the compensatory measures and the arrangements concerning weekly rest shall be specified in an enterprise agreement. The Committee requests the Government to provide it with copies of enterprise agreements concluded for this purpose and to indicate the manner in which the compensatory measures and arrangements concerning rest periods are determined in the absence of an enterprise agreement.

Regulation 2.5 and Standard A2.5.2. Financial security in the event of the abandonment of seafarers. With reference to the 2014 amendments to Code of the MLC, 2006, the Committee notes that section L. 5542-32-1 of the Transport Code provides that: “I. The shipowner shall guarantee the payment or reimbursement of the cost of repatriation and of care for seafarers engaged in international voyages or on fishing vessels, under the conditions set out in the present Chapter. II. The shipowner shall meet the requirement set out in I by means of a financial security, insurance or any other equivalent measure”. The Committee draws the Government’s attention to the following questions contained in the revised version of the report form for the Convention: (a) does the national legislation require the provision of an expeditious and effective financial security system to assist seafarers in the event of their abandonment (if yes, please specify whether the financial security system was determined after consultation with the shipowners’ and seafarers’ organizations concerned)?; (b) under the national legislation, what are the circumstances under which a seafarer is considered abandoned?; (c) does the national legislation provide that ships to which Regulation 5.1.3 applies must carry on board a certificate or other documentary evidence of financial security issued by the financial security provider (if yes, please specify whether 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 whether a copy must be posted in a conspicuous place on board)?; (d) does the national legislation require the financial security system to be sufficient to cover outstanding wages and other entitlements, all the expenses incurred by the seafarer (including the cost of repatriation) and the essential needs of the seafarer, as set out in paragraph 9(c) of Standard A2.5.2?; and (e) does the national legislation provide for at least 30 days notice by the financial security provider to the competent authority of the flag State before the financial security can cease? The Committee notes that the Government, in its first report, did not provide an example of the kind of documentation that is accepted or issued with respect to the financial security that must be provided by shipowners (paragraph 2 of Regulation 2.5), and explained that “as the insurance contract is subject to the principle of freedom of contract, the French administration has not produced a model insurance contract”. The Committee recalls that a “model insurance contract” is not required, but an example of the kind of documentation that is accepted or issued, and once again requests the Government to provide that documentation. The Committee requests the Government to provide answers to the above questions, indicating in each case the applicable national provisions.

Regulation 3.1 and the Code. Accommodation and recreational facilities. The Committee notes that section 215 of the regulations annexed to the order of 23 November 1987, which contains detailed provisions giving effect to Regulation 3.1 and the associated requirements of the Code, applies “1. … in the absence of specific provisions to the contrary … to any ship of overall length equal to or over 12 metres engaged in navigation over 20 miles from the nearest land. 2. For any commercial or fishing vessel of a length of under 12 metres, the chief of the ship safety centre, or the competent study commission, shall determine the applicable provisions taking into account the construction characteristics of the ship and the particular conditions of navigation. 3. For any commercial or fishing vessel engaged in navigation less than 20 miles from the nearest land, the authority competent for the examination of plans and documentation may, insofar as the organization of the work and the conditions of use of the vessel involve the accommodation and catering for all of some of the crew on board, and in light of the number and functions of the crewmembers, determine the application to such vessels of the measures set out in the present section”. The Committee recalls that Regulation 3.1 and the associated requirements of the Code apply to all ships, within the meaning of the MLC, 2006, subject to the derogations and exemptions specifically determined. The Committee requests the Government to indicate the manner in which the laws and regulations and other measures adopted at the national level give full effect to Regulation 3.1 and the associated requirements of the Code in relation to all ships, within the meaning of the MLC, 2006.

With reference to its previous comment on how the requirement is met to consult the shipowners’ and seafarers’ organizations concerned, as required by various provisions of Standard A3.1, the Committee notes the Government’s indication that “in accordance with the provisions of Decree No. 84-810 on the preservation of human life at sea, the prevention of pollution, safety and the social certification of ships, studies of passenger ships and special ships covered by the requirement of certification under the terms of the Convention shall be submitted to the Central Safety Commission. Moreover, the exemption from the Convention of ships other that passenger ships and special ships shall also be submitted to the Commission. The Commission, under the authority of the Minister responsible for maritime affairs, shall examine the plans and documentation concerning ships within its competence prior to issuing social certificates and certificates for safety and the prevention of pollution. The members of the Commission shall include of shipowners’ organizations and three representatives of the most representative trade union organizations of seafarers at the national level. Their presence shall give effect to the requirement to consult the social partners”. The Committee notes this information, which addresses its previous request.

With reference to its previous comment requesting the Government to indicate whether exemptions regarding the location of sleeping rooms have been granted for passenger ships or special ships (paragraph 6(c) and (d) of Standard A3.1), the Committee notes the explanation by the Government that studies of ships other than passenger ships and special ships are undertaken by classification societies approved by the State. However, exemptions to the regulations have to be submitted to the Central Safety Commission. In the case of ships subject to certification, no exemptions have been granted relating to the location of sleeping rooms for ships other than passenger ships and special ships since the entry into force of the Convention. The Committee notes this information, which addresses its previous request.

Regulation 3.2 and the Code. Food and catering. The Committee noted previously that Decree No. 2015-517, of 11 May 2015, on ships’ cooks provides in section 3 that “cooks shall hold a certificate of a ship’s cook where they serve on board merchant ships and recreational ships whose crew list includes at least ten persons. Exemptions from this requirement may be allowed under the conditions set out in section 5 of the Decree of 25 May 1999.” The latter Decree provides that exemptions may be granted for a period not exceeding six months. The Committee recalled that, in accordance with paragraph 6 of Standard A3.2, such exemptions may be allowed but are valid only until the next convenient port of call or for a period not exceeding one month. The Committee notes the Government’s indication that it has taken note of the Committee’s comments and that section 3 of Decree No. 2015-517, of 11 May 2015, on ships’ cooks will be amended accordingly. The Committee requests the Government to provide a copy of the national measures adopted to make these amendments.

The Committee noted previously that the Government had not provided information on the frequency and procedures for documented inspections carried out on board ships by or under the authority of the master with respect to: supplies of food and drinking water; the spaces and equipment used for the storage and handling of food and drinking water; and the galley and other equipment for the preparation and service of meals (Standard A3.2, paragraph 7). The Committee notes the Government’s indication that regular inspections are conducted on board by the services of ship safety centres and seafarers’ health services, particularly in relation to current section 215-23 of the regulations annexed to the Order of 23 November 1987. The Committee notes however that these inspections do not correspond to those that shall be carried out by the master or under his authority and it requests the Government to take the necessary measures to give full effect to paragraph 7 of Standard A3.2.

Regulation 4.1 and the Code. Medical care on board ship and ashore. With reference to sections L. 5549-4 and L. 5542-21 of the Transport Code, the Committee previously requested the Government to indicate the measures ensuring that medical care and health protection services are provided free of charge to all seafarers, within the meaning of the Convention, on board ship or landed in a foreign port (paragraph 1(d) of Standard A4.1), without any distinction between illnesses whether or not they are contracted while embarked or on the ship’s service, as is the case with sections L. 5542-21 (for mariners) and L. 5549-4 (for seafarers other than mariners) of the Transport Code. The Committee notes the Government’s explanation in this respect that “whether in a port of call or a foreign port, if seafarers have to consult a health service on board or when landed, they are “embarked” on a ship in both physical and administrative terms. In this case, section 5549-4 of the Transport Code applies. … The indication “while embarked” does not remove the responsibility of the shipowner to cover the illness or injury in a port of call. The same section specifies that these provisions do not have the effect of replacing the provisions of the Code of Social Security in relation to the coverage and reimbursement of the cost of benefits in kind by the social security scheme covering the person. Accordingly, illnesses contracted prior to embarkation are covered by the social protection scheme of the seafarers”. The Committee notes this information, which addresses its previous request.

With regard to the requirement to have on board radio or satellite communication equipment and to carry an up-to-date list of the required coordinates to obtain medical advice by radio or satellite from persons on land during the voyage (Standard A4.1, paragraphs 1(b) and 4(d)), the Committee previously requested the Government to specify the legislative or regulatory provisions imposing this requirement. The Committee notes the Government’s indication that remote medical consultation is ensured by the Maritime Medical Consultation Centre of the University Hospital Centre of Purpan (Toulouse), in accordance with Directive 92/29/EEC of 31 March 1992 and an order of 10 May 1995 adopted for this purpose. The Committee notes this information, which addresses its previous request.

Regulation 4.2 and the Code. Shipowners’ liability. The Committee previously requested the Government to indicate the texts establishing the obligation of the shipowner to bear the cost of medical and other expenses incurred by the injury or illness of a seafarer put ashore and to pay the seafarer’s wages for one month or up to the date of repatriation, if it takes place after this period. The Committee notes that the Government refers in particular to section L. 5542-26 of the Transport Code and to section 3 of the Decree of 17 June 1938 on the restructuring and consolidation of the seafarers’ insurance scheme. The Committee previously requested the Government to provide information on the existence of circumstances in which the shipowner’s liability for the defrayal of the expense of medical care and board and lodging and for burial expenses is assumed by the public authorities (Standard A4.2.1, paragraph 6). The Committee notes that the Government refers in particular to the Decree of 17 June 1938 on the restructuring and consolidation of the seafarers’ insurance scheme. The Committee notes this information, which addresses its previous request.

The Committee previously requested the Government to indicate the provisions giving effect to Standard A4.2.1, paragraph 7 on the safeguarding and return of property left on board. The Committee notes that the Government refers to section L. 5542-21, fourth indent, of the Transport Code, which provides that, in the event of the death of the seafarer, the employer shall bear the cost of their burial expenses, including the repatriation of the body and of their personal property. The Committee recalls that Standard A4.2.1, paragraph 7 requires shipowners or their representatives to “take measures for safeguarding property left on board by sick, injured or deceased seafarers” and for returning it to them or to their next of kin. This provision therefore does not only concern cases in which the seafarer has died. The Committee requests the Government to adopt the necessary measures to give full effect to Standard A4.2.1, paragraph 7.

In relation to the 2014 amendments to the Code of the MLC, 2006, the Committee recalls that, pursuant to Standards A4.2.1 and A4.2.2, national laws and regulations shall provide that the system of financial security 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 draws the Government’s attention to the following questions included in the revised report form for the Convention: (a) what is the form taken by the system of financial security and 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, please 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 notes that the Government did not include with its first report an example of the kind of documentation that is accepted or issued with respect to the financial security that must be provided by shipowners (Standard A4.2.1, paragraph 1(b)), and while explaining that, “as insurance contracts are subject to the principle of freedom of contract, the French administration has not produced a model insurance contract”. The Committee recalls that the request was not for a “model insurance contract”, but rather for an example of the kind of documentation that is accepted or issued, and it once again requests the Government to provide this documentation. The Committee requests the Government to reply to the above questions, indicating in each case the applicable national provisions.

Regulation 4.3 and the Code. Health and safety protection and accident prevention. The Committee previously requested the Government to provide information on the specific measures that give effect to all the provisions of Standard A4.3, paragraphs 1 and 2, for seafarers over 18 years of age. The Committee notes the Government’s indication that “the provisions applicable to seafarers over 18 years of age are set out in Part Four of the Labour Code on occupational safety and health. The Transport Code supplements these provisions.” The Committee notes this information, which addresses its previous request.

The Committee previously requested the Government: (1) to provide information on the implementation of the requirement set out in section 7 of Decree No. 2007-1227 to establish a “single document on prevention” (“document unique de prévention – DUP”) in the maritime sector, specifying whether the content of the document is checked during the initial inspection before the ship is put into service and during subsequent periodical or unannounced inspections that are conducted pursuant to Decree No. 84-810 of 30 August 1984 on the preservation of life at sea, accommodation standards on board and pollution prevention, and to report on any consequences arising from the absence or insufficient nature of the information included in the DUP; (2) to indicate whether one or more decrees have been adopted on the basis of section L. 5545-9 of the Transport Code (working and living spaces on board ships so equipped and maintained as to ensure that their use guarantees the physical and mental health and the safety of seafarers) and section L. 5545-11 (procedures for the application to maritime shipping companies of the provisions of Book III, Part Four, of the Labour Code respecting work equipment and means of protection) and to specify any relevant texts; (3) to indicate whether any practical guidance or other documents have been published to facilitate the application by shipowners of section 51-1(I) of Decree No. 84-810, which provides that “all ships shall be designed, constructed and maintained in such a way as to ensure the protection of crew members against accidents that may be caused, inter alia, by machinery, anchors, chains and cables”; and (4) to provide information on the prerogatives of the High Council of Seafarers in the area of occupational risk prevention. The Committee notes with interest the Government’s indication that the single document on prevention is established in accordance with the provisions of sections R. 4121-1 et seq. of the Labour Code respecting the single document on the assessment of occupational risks. This document, which must be kept on board all ships, identifies hazards and risks, and preventive and protective measures. The absence of a single document is punishable by criminal sanctions. Decree No. 84 810 of 30 August 1984 and the provisions adopted for its application, and more particularly section 215 respecting accommodation standards, constitute the measures for the application of section L. 5545-9 of the Transport Code. With regard to section L. 5545-11, section 8 of Decree No. 2007-1227 of 21 August 2007 provides that the conditions for the provision, maintenance, use and training in the use of personal protective equipment provided on board ships shall be those set out in sections R. 4323-91 to R. 4323-103 of the Labour Code. The High Council of Seafarers essentially has the role of advising the Government on the prevention of occupational risks. It contributes to national policy in the field of occupational risk prevention. It also issues an annual opinion on the report on the application of international conventions relating to the welfare and repatriation of seafarers. The Committee notes this information, which addresses its previous request.

The Committee previously requested the Government to provide information on the legislative or regulatory measures governing the reporting of occupational accidents and occupational injuries and diseases in accordance with ILO guidelines. The Committee notes that the Government refers to section L. 5542-21-1 of the Transport Code, which provides that any occupational accident, injury or disease occurring on board shall be recorded and reported by the master. The Committee also notes the Government’s indication that the High Council for Seafarers issues an annual opinion on the report produced under Article 2 of ILO Convention No. 134 analysing the findings of statistical surveys of maritime occupational accidents and the occupational diseases of seafarers. Finally, the Committee notes that the web site of the Ministry of Transport provides a link to a document entitled “Maritime occupational accidents and diseases: Assessment 2015”. The Committee requests the Government to provide any updated version of this assessment.

The Committee previously noted the Government’s indication that a decree was being prepared to establish a requirement to set up a ship’s safety committee, in which the seafarers’ safety representative would participate. The Committee notes the Government’s indication that this decree is still under preparation. The Committee notes the observations of the CGT-FO expressing alarm at the future of on board delegates. It emphasizes that the relationship between this system and bodies representing the personnel suffers from ambiguity in the wording of the Decree of 15 December 2015 concerning on board delegates. It alleges that various shipowners have already taken advantage of the introduction of on board delegates to replace bodies representing the crew with personnel delegates. In addition, as the on board delegate discharges functions related to those of the committee on safety, health and working conditions, the CGT-FO is concerned at the disappearance of this committee from the ordinance on the “new structure of social and economic dialogue in enterprises to encourage the exercise and development of trade union responsibilities”. The Committee requests the Government to provide comments in this regard and to furnish a copy of the decree when it has been adopted (Standard A4.3, paragraph 2(d)).

Regulation 4.5 and the Code. Social security. The Committee previously noted the Government’s indication that a project was under examination for the registration with the general scheme of French and foreign seafarers resident in France who serve on board ships flying the flag of a third country that has no social security agreement with France and who are not covered by private insurance. The Committee notes with interest that the Government reports the adoption, pursuant to section 31 of Act No. 2015-1702 of 21 December 2015 and implementing Decree No. 2017-307 of 9 March 2017, of the principle of compulsory registration of seafarers residing in France, when they work on a ship flying a foreign flag, with French social security schemes, through the National Maritime Invalidity Institute (ENIM) in the case of mariners and with the general scheme in the case of non-mariners. The Committee notes that section 26 of Act No. 2017-1836 of 30 December 2017 specifies the eligibility requirements for these seafarers. The Committee requests the Government to indicate which branches of social security are covered for the persons so registered.

Regulation 5.1.3 and the Code. Maritime labour certificate and declaration of maritime labour compliance. The Committee previously noted that, in accordance with section L. 5514-1 of the Transport Code, certification is compulsory for any ship of 500 gross tonnage or over engaged in international voyages, as required by Regulation 5.1.3, paragraph 1(a). It nevertheless requested the Government to indicate the measures extending the application of this provision to ships of 500 gross tonnage or over “flying the flag of a Member and operating from a port, or between ports, in another country”, as envisaged in Regulation 5.1.3, paragraph 1(b). The Committee notes the Government’s reply, which refers to section 120.20 of the regulations annexed to the Order of 23 November 1987. The Committee notes this information, which addresses its previous request.

Regulation 5.1.4 and the Code. Inspection and enforcement. The Committee previously noted the Government’s indication that there is no requirement to conduct systematic inspections to verify the compliance of French registered ships with the requirements of the Convention. The Committee requested the Government to provide information on the frequency of inspections in practice, and on the measures taken or envisaged to bring French legislation into conformity with Standard A5.1.4, paragraph 4. The Committee notes the Government’s explanation that the General Directorate of Labour provided a “plan of action for the inspection of commercial vessels of 500UMS or under flying the French flag” to inspection officials under its authority on 15 December 2015. This action plan is monitored by means of a dashboard. The Government specifies that the last paragraph of point 2 provides that “once the inspection has been carried out, monitoring for each vessel will require the operation to be recommenced six months before the end of the three year period”. However, the Committee notes that the Government has not provided information on the measures taken or envisaged to bring the national legislation into conformity with Standard A5.1.4, paragraph 4, irrespective of the size of the ships to be inspected. The Committee therefore reiterates its request to the Government to indicate all the measures that ensure compliance with this provision of the Convention. The Committee requests the Government to provide updated statistical information on the number and implementation of the inspections required by Standard A.5.1.4, paragraph 4, of the Convention.

The Committee previously noted that section 30 of Decree No. 84-810 of 30 August 1984 does not require the ship’s master to post a copy of the inspection report on the ship’s noticeboard for the information of seafarers, as provided for by Standard A5.1.4, paragraph 12. The Committee notes that the Government recognizes the importance of including in the regulations the requirement to post the inspection report and requests the Government to inform it of the measures adopted or under preparation for this purpose.

With regard to investigations pursuant to a major incident, the Committee noted previously that the Government referred to circular No. DRT 11/83 of 4 August 1983, under which “any fatal or very serious occupational accident” is followed by a thorough investigation by labour inspectors and the investigation report is to be sent to the central authority within 30 days of the occurrence of the accident. Recalling that the obligation to submit the report to the competent authority not later than one month following the conclusion of the investigation (Standard A5.1.4, paragraph 14) applies to any major incident, not only fatal or very serious occupational accidents, the Committee requested the Government to indicate the measures that give full effect to the Convention in this regard. The Committee notes the Government’s reference to section 8-1 of Decree No. 84-810 of 30 August 1984 respecting the conditions for the suspension of the maritime labour certificate. The Government adds that when a major incident, which may, or may not have resulted in an occupational accident, has an impact on the living and working conditions of seafarers, the vessel is detained until it once again meets the requirements established to issue the maritime labour certificate. The Committee notes this information, which addresses its previous request.

Regulation 5.1.5 and the Code. On-board complaint procedures. The Committee previously noted the Government’s indication that there is no standard procedure for dealing with complaints on ships flying the French flag, but that the principle of law whereby all seafarers may file a complaint is laid down in section L. 5534-1 of the Transport Code. Noting that a decree on this matter was shortly to be adopted, the Committee requested the Government to provide a copy thereof. The Committee notes the Government’s indication that the decree establishing the conditions for the application of section L. 5534-1 is being finalized. The Committee requests the Government to provide a copy of the decree or the draft decree. The Committee also requests the Government to provide the text of the model for on-board complaint procedures in force in France, if such a model has been established, or of the procedures that are normally followed on ships, irrespective of the French register on which they are registered.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee takes note of the Government’s first report on the application of the Convention. It notes that the Government previously ratified 25 Conventions on maritime labour, which have been denounced following the entry into force of the Convention for France. The Committee notes with interest the efforts made and the measures taken to give effect to the Convention, in particular through the adoption of legislative and regulatory texts. 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, of the Convention. Scope of application. Seafarers or mariners (“marins”). The Committee notes that section L5511-1 of the Transport Code makes a distinction between seafarers, which it defines as “all persons, whether or not employees, who carry on an occupational activity in any capacity on board a ship”, and mariners, who are defined as “seafarers, whether or not employees, who carry on an activity directly related to the operation of the ship”. It further notes that according to section L5549-1 of the Transport Code, the following provisions likewise apply to seafarers other than mariners: Book V (“Seafarers”), Titles I (“Definitions and general provisions”), III (“The ship’s community”) and VI (“Social conditions in the host country”); and section L5521-4 (on standards of good character of group members performing the functions of master, master’s deputy, chief engineer or officer in charge of the ship’s safety). It appears therefore that the other titles of Book V – and particularly Titles IV (“Labour law”), V (“Social protection of seafarers”) and VII (“Prevention of abandonment of seafarers”) – do not apply to seafarers other than mariners (apart from the provisions of Title IV that are applicable pursuant to section L5549-2 of the Transport Code). The Committee recalls that the Convention – which makes no distinction between “seafarers” and “mariners” – applies to all seafarers (Article II, paragraph 2) who are defined as “any person who is employed or engaged or works in any capacity on board a ship to which this Convention applies”. The Committee requests the Government to indicate the measures taken or envisaged to ensure that the protection afforded by the Convention is guaranteed to all seafarers within the meaning of the Convention.

As to the maritime authority’s competence, in the event of doubt, to determine whether certain persons belong to the category of “mariners” or “seafarers”, the Committee notes that, according to the Government, consultations with the social partners were held on 14 May and 8 July 2014. It also notes the information supplied by the Government to the effect that pursuant to Decree No. 2015-454 of 21 April 2015 classifying seafarers and mariners, some persons carrying on an occupational activity on board a ship are not regarded as “seafarers” and have been excluded from the scope of the Convention. The Committee observes that as well as “mariners” and “seafarers other than mariners”, Decree No. 2015-454 establishes a third category entitled “personnel other than seafarers” and that it includes performers or other entertainers, stewards, chefs, ministers of religion, or persons carrying on well-being or sports activities. The Committee requests the Government to indicate how the decision to exclude these categories takes account of the fact that, according to the Resolution concerning information on occupational groups, adopted by the International Labour Conference, “persons who regularly spend more than short periods aboard, even where they perform tasks that are not normally regarded as maritime tasks, may still be regarded as seafarers for the purpose of this Convention regardless of their position on board”.

Regulation 1.4 and Standard A1.4. Recruitment and placement. The Committee recalls that in its previous comments on the application by France of the Recruitment and Placement of Seafarers Convention, 1996 (No. 179), it noted that the Council of State decree to establish, under the terms of section L5546-1 of the Transport Code, the conditions for applying to seafarers certain provisions of the Labour Code on the placement of workers – including the procedures for the certification of private placement agencies for seafarers, the controls to be conducted prior to placement and the conditions for keeping a register of seafarers placed through their intermediary – had not yet been published. Recalling that the Convention does not contain exactly the same provisions as Convention No. 179, particularly as regards the prescriptions of Standard A1.4, paragraph 5(b) (seafarers to bear no fees or charges), and paragraph 5(c)(vi) (system of protection to compensate seafarers), and noting that the Government provides no information on recruitment and placement, the Committee requests the Government to indicate the provisions that give effect to Standard A1.4.

Regulation 2.1 and Standard A2.1. Seafarers’ employment agreements. In its previous comments on the application by France of the Seamen’s Articles of Agreement Convention, 1926 (No. 22) – the principles of which are reproduced in the Convention – the Committee pointed out the need to take measures to enable the seafarer to examine the agreement before signing it. It notes with interest that section L5542-5 of the Transport Code, as amended by Act No. 2013-619 of 16 July 2013, now provides that the seafarer must have enough time to review the agreement and seek advice before signing it. The Committee nonetheless recalls that Standard A2.1, paragraph 1(a), of the Convention requires the agreement to be signed both by the seafarer and by the shipowner or the latter’s representative, whoever the employer may be. For example, in the case of an employee leasing contract, the employer is not the shipowner. The Committee requests the Government, as it did in its comments on Convention No. 22, to specify any provisions that require the employment agreement to be signed by the shipowner or its representative.

Regulation 2.3 and Standard A2.3, paragraphs 1 to 5 and 13. Hours of work and hours of rest. Further to its previous comments on the application by France of the Seafarers’ Hours of Work and the Manning of Ships Convention, 1996 (No. 180), Article 5(1) of which is identical to Standard A2.3, paragraph 5, the Committee notes that section 4 of Decree No. 2005-305 of 31 March 2005 on the working time of seafarers allows for the calculation of average daily hours of work during a cycle not exceeding six weeks, and provides that such average may reach a maximum of 14 hours pursuant to an agreement or a collective agreement, as long as these arrangements offer adequate compensation in the form of longer periods of leave, the grouping of leave periods or the granting of additional rest. The Committee further notes that, in order to accommodate the various constraints of maritime activities, section L5544-5 of the Transport Code allows for a derogation, by way of agreements and extended collective agreements at the enterprise or institutional level, from the provisions of the decree referred to in section L5544-4 concerning working time arrangements and distribution. The Committee recalls that Standard A2.3, paragraph 13, allows the competent authority to authorize or register collective agreements permitting exceptions to the limits set, under certain conditions. Noting the collective agreement of crew officers of transport companies and maritime services attached to the Government’s report, the Committee requests the Government to indicate whether any other agreements or collective agreements allowing exemptions from the limits set have been concluded and, if so, whether they have been authorized or registered, and to provide a copy of the relevant texts.

Ship’s master. The Committee notes that section L5544-33 of the Transport Code provides that procedures for applying to the ship’s master a number of provisions of the Transport Code on working time are to be established in regulations. The Committee requests the Government to provide a copy of the relevant regulatory provisions and to specify the legal regime that applies to ships’ masters in respect of hours of work.

Regulation 2.3 and Standard A2.3, paragraphs 4, 6 to 9 and 13. Division of rest periods. The Committee notes that section 11 of Decree No. 2005-305 allows a collective agreement, a sectoral agreement or an enterprise agreement to provide, for passenger ships, that the daily rest may, under the authority of the ship’s master, be divided into more than two periods but not more than six periods in the same 24-hour period. In this case, at least one of the periods shall be not less than six consecutive hours, another at least two hours, and the others at least one hour. The Committee notes that section 5.5.2 of the collective agreement of crew officers of transport companies and maritime services provides for such an exemption in the case of activities that are difficult to plan and need continuous service, and that it requires the enterprise to provide compensation in accordance with the provisions of section L5544-16 of the Transport Code “where the daily rest period is broken more than twice a day”. Recalling that Standard A2.3, paragraph 4, requires members to take account of the danger posed by the fatigue of seafarers, the Committee requests the Government to provide more detailed information on the granting of such exemptions through collective agreements, sectoral agreements or enterprise agreements and to specify whether the exemptions are accompanied by measures to limit the dangers of fatigue such as compensatory leave for these seafarers, as provided in Standard A2.3, paragraph 13.

Regulation 3.1 and the Code. Accommodation and recreational facilities. Consultation of the social partners. The Committee notes that several provisions of section 215 of the Order of 23 November 1987, as amended, on the security of ships – which incorporates the prescriptions of Standard A3.1 into national law – refer to the need to obtain an opinion from a “competent study committee” before implementing certain provisions or granting certain exceptions, whereas the corresponding provisions of the Convention refer to consultation of the shipowners’ and seafarers’ organizations concerned. Such is the case for: paragraph 25 of section 215.28 of the abovementioned Order, which includes the prescriptions of Standard A3.1, paragraph 9(m), regarding the sitting room or day room of the master, the chief engineer and the chief navigating officer; paragraph 1 of section 215.29, which includes the prescriptions of Standard A3.1, paragraph 10(a), regarding the location of mess rooms; paragraph 2 of section 215.12, which includes the prescriptions of Standard A3.1, paragraph 11(b), regarding sanitary facilities within easy access of the navigating bridge and the machinery space; paragraph 8 of section 215.1, which includes the prescriptions of Standard A3.1, paragraph 19, on the need to take account of the interests of seafarers having differing and distinctive religious and social practices. The Committee notes that the Order of 23 November 1987 does not specify the composition of the study committee. It also notes that Decree No. 2007-1227 of 21 August 2007 regarding prevention of the occupational risks of seafaring and the well-being of seafarers at sea and in ports created, under the ministry responsible for maritime affairs, a Higher Council for Seafarers, which is to include 14 members representing maritime shipping companies and 14 members representing seafarers in active employment. It also notes that under section 4 of the Decree, each session of the Council may establish its own “committees for the study of matters relating to its area of competence”. The Committee requests the Government in this connection to specify how the requirement to consult the social partners in implementing the abovementioned provisions is met.

Regulation 3.1 and Standard A3.1, paragraph 6(c). Location of sleeping rooms. The Committee notes that the Government indicates that exemptions (other than for passenger ships and special ships) regarding the location of sleeping rooms may be allowed pursuant to paragraph 1 of section 215.27 of the Order of 23 November 1987 regarding the safety of ships (which reproduces Standard A3.1, paragraph 6(c), of the Convention). However, the Government does not specify whether any such exemptions have been granted. The Committee requests the Government to indicate whether exemptions regarding the location of sleeping rooms have been granted for ships other than passenger ships or special ships.

Regulation 3.1 and Standard A3.1, paragraphs 20 and 21. Permissible exemptions from the prescriptions on accommodation and recreational facilities. The Committee notes that according to paragraph 6 of section 215.15 of the Order of 23 November 1987 “in the case of ships of less than 500 gross tonnage, dining and mess rooms shall be so designed, furnished and appointed as to serve as a recreation space where no such space can be provided on board”. The Committee recalls that Standard A3.1, paragraphs 20 and 21, lays down strict requirements for permitting exemptions to its prescriptions. In particular, such exemptions may be allowed only for ships of less than 200 gross tonnage and for certain prescriptions of the standard which do not include paragraphs 10 (mess rooms) and 17 (recreational facilities, amenities and services) of Standard A3.1. The Committee requests the Government to indicate the measures taken or envisaged to give effect to Standard A3.1 of the Convention.

Regulation 3.2 and Standard A3.2, paragraphs 2(c), 3 and 4. Training of ships’ cooks. The Committee notes that Decree No. 2015-517 regarding ships’ cooks, adopted on 11 May 2015, provides, in section 3, that “cooks shall hold a certificate of ship’s cook where they serve on board merchant ships and recreational ships whose crew list includes at least ten persons. Exemptions from this requirement may be allowed under the conditions set in section 5 of the Decree of 25 May 1999.” The latter provides that exemptions may be granted for a period not exceeding six months. The Committee recalls that, according to Standard A3.2, paragraph 6, such exemptions may be allowed but are valid only until the next convenient port of call or for a period not exceeding one month. The Committee requests the Government to indicate the measures taken or envisaged to ensure that exemptions concerning the service on board of a qualified cook are consistent with the provisions of the Convention.

Regulation 3.2 and Standard A3.2, paragraph 7. Documented inspections. The Committee notes that the Government has provided no information on: the frequency and procedures of documented inspections carried out on board ships by or under the authority of the master with respect to supplies of food and drinking water; the spaces and equipment used for the storage and handling of food and drinking water; and the galley and other equipment for the preparation and service of meals. The Committee requests the Government to provide information upon these matters.

Regulation 4.1 and Standard A4.1, paragraph 1(c) and (d). Visits in ports of call and free medical or dental care on board ship or in a foreign port. The Committee notes that, according to the Government, section L5549-4 of the Transport Code provides that when seafarers other than mariners are injured or sick during the time on board or after the ship has left the port at which they embarked, the shipowner shall make sure that they have access to rapid and adequate medical care. The costs incurred in such medical care shall be borne by the employer except where the illness was not contracted during the time on board. The Committee further notes that according to section L5542-21 of the Transport Code, when seafarers are injured in the service of the ship or fall sick during their time on board or after the ship has left the port at which they boarded, the cost of care shall be borne by the employer provided that it is established that the illness was contracted in the service of the ship. The Committee emphasizes that Standard A4.1, paragraph 1(d), provides that “to the extent consistent with the Member’s national law and practice, medical care and health protection services while a seafarer is on board ship or landed in a foreign port are provided free of charge to seafarers”. Thus, Standard A4.1 draws no distinction between illnesses contracted while a seafarer is on board ship or those contracted otherwise. The Committee requests the Government to indicate the measures ensuring that medical care and health protection services are provided free of charge to all seafarers, within the meaning of the Convention, on board ship or landed in a foreign port, without any distinction between illnesses contracted on board ship and illnesses contracted otherwise.

Regulation 4.1 and Standard A4.1, paragraph 4(d). Medical advice by radio or satellite communication. In its comments under the Health Protection and Medical Care (Seafarers) Convention, 1987 (No. 164), the Committee requested the Government to indicate the measures envisaged to ensure that all ships to which the Convention applies, which are equipped with radio installations or a system of satellite communication, carry a complete list of radio stations and coastal earth stations through which medical advice can be obtained. The Committee notes that the Government indicates that ships are required to have appropriate equipment on board and keep an up-to-date list of the coordinates needed to obtain during the voyage medical advice by radio or satellite from persons on land. However, it does not specify the provisions that set this requirement. The Committee requests the Government to specify the legislative or regulatory provisions that establish this requirement.

Regulation 4.2 and Standard A4.2, paragraphs 2, 4 and 6. Defrayal of the expense of medical care, board and lodging, wages and burial expenses by the public authorities. The Committee notes that the Government indicates that the shipowner is under an obligation to bear the cost of medical and other expenses incurred by the injury or illness of a seafarer on land and to pay the seafarer’s wages for one month, at the end of which the special social security scheme for seafarers pays the daily compensation and assumes the cost of care. In the event of repatriation, the one-month period is prolonged up to the date of repatriation. The Committee requests the Government to specify the legislative or regulatory provisions imposing this obligation on the shipowner. The Committee notes that Government has provided no information on the existence of circumstances in which the shipowner’s liability for defrayal of the expense of medical care and board and lodging and for burial expenses is assumed by the public authorities. The Committee requests the Government to provide information in this regard.

Regulation 4.2 and Standard A4.2, paragraph 7. Safeguarding of property left on board. The Committee notes that the Government has provided no information on the requirement for shipowners or their representatives to safeguard property left on board by sick, injured or deceased seafarers and/or to return it to them or to their next of kin. The Committee emphasizes that in its previous comments on the Shipowners’ Liability (Sick and Injured Seamen) Convention, 1936 (No. 55), it observed that the Transport Code appeared to contain no express provisions on the subject. The Committee requests the Government to indicate the legislative or regulatory provisions that give effect to Standard A4.2, paragraph 7.

Regulation 4.3 and Standard A4.3, paragraphs 1 and 2. Health and safety protection and accident prevention. The Committee notes, that according to the Government, sections L5545-5 to L5545-8 of the Transport Code, supplemented by Decree No. 2006-534 of 10 May 2006 on the protection of young workers serving on board ships, address all the issues raised in Standard A4.3, paragraphs 1 and 2. It notes, however, that these provisions deal specifically with measures taken to protect seafarers under 18 years of age and so do not cover all the issues addressed in Standard A4.3, paragraphs 1 and 2. It further notes that Decree No. 84-810 of 30 August 1984 on the safeguarding of human life, the habitability of ships and the prevention of pollution (consolidated version) covers some of the requirements set in Standard A4.3, paragraphs 1 and 2, of the Convention. The Committee requests the Government in this connection to provide specific information on the provisions that expressly implement all the provisions of Standard A4.3, paragraphs 1 and 2, for seafarers over 18 years of age.

The Committee recalls that the provisions of the Prevention of Accidents (Seafarers) Convention, 1970 (No. 134), have for the most part been reproduced in Regulation 4.3 and under the corresponding part of the Code of the MLC, 2006. Further to its previous comments on the application of that Convention, the Committee requests the Government: (1) to provide information on the implementation of the requirement – set in section 7 of Decree No. 2007-1227 – to establish a “single document on prevention” (document unique de prévention – DUP) in the maritime sector, specifying whether the content of the document is checked during the initial survey before the ship is put into service and during subsequent periodical or unannounced surveys that are conducted pursuant to Decree No. 84-810 of 30 August 1984 on safeguarding life at sea, habitability on board and pollution prevention, and to report on any consequences arising from the absence or insufficient nature of the information included in the DUP; (2) to indicate whether one or more Council of State decrees have been adopted on the basis of section L5545-9 of the Transport Code (working and living spaces on board ships so equipped and maintained as to ensure that their use guarantees the physical and mental health and the safety of seafarers) and section L5545-11 (procedures for applying to maritime shipping companies the provisions of Book III of the fourth part of the Labour Code regarding work equipment and means of protection) and to specify any relevant texts; (3) to indicate whether any practical guidelines or other documents have been published to facilitate the application by shipowners of section 51-1(I) of Decree No. 84-810, which provides that “all ships must be designed, built and maintained in such a way as to ensure the protection of crew members against accidents that may be caused, inter alia, by machinery, anchors, chains and cables”; and (4) to send information on the prerogatives available to the Higher Council of Seafarers in the area of occupational risk prevention.

Regulation 4.3 and Standard A4.3, paragraph 2(d). Ship’s safety committee. The Committee notes that according to the Government, a decree is being prepared to establish an obligation to set up a ship’s safety committee, in which the seafarers’ safety representative will participate. The Committee requests the Government to supply a copy of the decree as soon as it has been adopted.

Regulation 4.3 and Standard A4.3, paragraphs 5 and 6. Reporting and investigation of occupational safety and health matters. The Committee notes the information provided by the Government to the effect that occupational accidents and occupational injuries and diseases are reported in accordance with ILO guidelines. It requests the Government to provide information on the legislative or regulatory measures on which the reporting is based.

Regulation 4.5 and Standard A4.5. Social security. Coverage of resident seafarers. The Committee notes the information supplied by the Government to the effect that a project is under study on the possibility of affiliation to the general scheme for French and foreign seafarers resident in France who serve on board ships flying the flag of another country that has no social security agreement with France and who are not covered by private insurance. It requests the Government to provide information on any developments in this regard and on the implementation of such affiliation.

Coverage of non-resident seafarers. The Committee refers to its previous comments on the application by France of Convention No. 55, the provisions of which have been reproduced in the MLC, 2006. It noted in those comments that following the adoption of Act No. 2005-412 of 3 May 2005 establishing the International French Register (RIF), sections L5631-3 and L5631-4 of the Transport Code introduced a separate social protection regime for seafarers who are not French residents (or citizens of a Member State of the European Union, a country party to the Agreement on the European Economic Area or of a country with which France has concluded a bilateral social security agreement) and who are employed on board RIF-registered ships. More specifically, section L5631-3 of the Transport Code provides that the social protection regime that applies to these seafarers is subject to the law chosen by the parties and that collective agreements applicable to them may provide for more favourable conditions and that such conditions may not be less favourable than those established by relevant ILO Conventions ratified by France. The Committee recalls that the objective of Regulation 4.5 and the corresponding Code includes the promotion of social security coverage for all seafarers. The Committee requests the Government to provide information on the manner in which it discharges its obligation to examine the arrangements whereby, in the absence of adequate coverage in the country of residence, comparable benefits may be ensured for seafarers who are not resident in France but who work on board French-flagged ships – including on ships registered in the International French Register (RIF).

Regulation 5.1.3. and Standard A5.1.3 Maritime labour certificate and declaration of maritime labour compliance. The Committee notes that according to section L5514-1 of the Transport Code, certification is compulsory for any ship of 500 gross tonnage or over engaged in international voyages, as required by Regulation 5.1.3, paragraph 1(a). However, this provision appears not to apply to ships of 500 gross tonnage or over “flying the flag of a Member and operating from a port, or between ports, in another country”, as prescribed by Regulation 5.1.3, paragraph 1(b). The Committee requests the Government to provide information on the legislative or regulatory provisions that implement this obligation.

Regulation 5.1.4 and Standard A5.1.4, paragraph 12. Obligation to post inspection reports. The Committee notes that, according to the Government, the inspection report is sent to the competent authority and that a copy is addressed to the ship’s master, who posts it on the ship’s noticeboard. It notes in this connection that section 30 of Decree No. 84-810 of 30 August 1984 sets out requirements pertaining to inspection reports. Point III of this section reads as follows: “All inspection reports are kept on board French ships in a special register. The latter must be presented at the request of one of the persons listed at sections L5243-1 to L5243-3 of the Transport Code or at the request of the consular authority where the ship is abroad.” Point IV adds: “The register may be consulted by the ship’s representatives, personnel representatives or personnel members of the committee on safety, health and working conditions.” The Committee notes, however, that this provision does not require the ship’s master to post a copy of the inspection report on the ship’s noticeboard for the information of seafarers. The Committee requests the Government to indicate under which legislative or regulatory provision the ship’s master is required to post a copy of the inspection report on the noticeboard.

Regulation 5.1.4 and Standard A5.1.4, paragraph 4. Frequency of inspections. The Committee recalls that Standard A5.1.4, paragraph 4, establishes that inspections of ships covered by the Convention shall take place at intervals not exceeding three years. It notes the Government’s reply on this matter, to the effect that there is no requirement for systematic inspection to verify the compliance of French registered ships with the prescriptions of the Convention. The Committee requests the Government to provide information on the frequency of inspections in practice, and on the measures taken or envisaged to bring French legislation into conformity with Standard A5.1.4, paragraph 4.

Regulation 5.1.4 and Standard A5.1.4, paragraph 14. Inspections pursuant to a major incident. The Committee emphasizes that Standard A5.1.4, paragraph 14, of the Convention reproduces the prescriptions of Article 9(2) of the Labour Inspection (Seafarers) Convention, 1996 (No. 178). It provides that in the case of an investigation pursuant to a major incident, the report shall be submitted to the competent authority as soon as practicable, but not later than one month following the conclusion of the investigation. In its previous direct request on the application of Convention No. 178, the Committee noted that the Government referred to Circular No. DRT 11/83 of 4 August 1983, under which any fatal or very serious occupational accident is followed by a thorough investigation by labour inspectors and the investigation report is to be sent to the central authority within 30 days of the occurrence of the accident. The Committee again asks the Government to indicate the procedure followed when a major incident has not amounted to an occupational accident but has an impact on the living and working conditions of seafarers (for example, a fire destroying part or all of the crew accommodation, or a water leak leading to the deterioration of food products).

Regulation 5.1.5 and Standard A5.1.5. On-board complaint procedures. The Committee notes that the Government indicates that there is no standard procedure for dealing with complaints on ships flying the French flag but that the principle of law whereby all seafarers may file a complaint is laid down in section L5534-1 of the Transport Code. The Government adds that this provision will be supplemented by a decree that will establish guarantees pertaining to the complaints procedure. The Committee requests the Government to provide a copy of the decree establishing conditions for the application of section L5534-1 of the Transport Code as soon as it has been adopted.

[The Government is asked to reply in detail to the present comments in 2017.]