Prevention of Accidents (Seafarers) Convention, 1970 (No. 134) - French Southern and Antarctic Territories

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

The Committee notes the Government’s indication in its report that there has been no change concerning the situation in the French Southern and Antarctic Territories (TAAF) since its last report. The registered fleet is now composed of only a few fishing vessels and, in accordance with Act No. 2005-412 of 3 May 2005 on the establishment of the French International Register (RIF), commercial vessels can no longer be registered in the TAAF. The Committee requests the Government to indicate any developments in this situation.

Article 2 of the Convention. Statistics and investigations into maritime occupational accidents. The Committee previously requested the Government to indicate the manner in which the French Marine Accident Investigation Office (BEAmer) intervenes concerning occupational accidents on board fishing vessels registered in the TAAF. It also requested the Government to take measures to ensure that occupational accidents are adequately reported and investigated and comprehensive statistics of such accidents are kept and analysed. The Committee notes the Government’s indication that, as the TAAF has no jurisdiction of its own, the BEAmer intervenes in French territorial waters on the same basis in the overseas departments as in the metropolitan area. The Government also indicates that, regarding maritime occupational accidents, a specific study commissioned by the maritime authority from the Maritime Prevention Institute is being carried out on the vessels registered in the TAAF to analyse the situations in which accidents occur, the distribution of accidents by type of injury and the consequences of these accidents in terms of the mortality rate. The Committee requests the Government to provide information on the results of the above-mentioned study.

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

The Committee notes the Government’s indication in its reports that, since the implementation of Act No. 2005-412 of 3 May 2005, commercial vessels are registered in the French International Register (RIF) and that therefore only a few fishing boats are still registered in the French Southern and Antarctic Territories (TAAF). It also notes that the TAAF have no permanent population. Thus, the maritime Conventions which are applicable in the TAAF and which do not cover fishing vessels are rendered moot for these territories. The Committee requests the Government to indicate any development to this situation. With regard to the Conventions which apply to fishing vessels, and in order to provide an overview on the issues relating to their application, the Committee considers it helpful to examine them in a single comment as follows.

Prevention of Accidents (Seafarers) Convention, 1970 (No. 134). Article 2. Statistics and investigations into maritime occupational accidents. The Committee recalls that it previously asked the Government to provide copies of reports of investigations established following maritime occupational accidents, as well as statistics on the number, nature, causes and consequences of occupational accidents on board fishing boats registered in the TAAF. While noting the Government’s reference to the activities of the French Marine Accident Investigation Office (BEAmer), the Committee observes that the BEAmer website indicates that, although it intervenes on the same basis in the overseas departments as in the mainland, the situation is different for the overseas territories, including the TAAF, for which the powers devolved to them are taken into account. The Committee requests the Government to indicate how the BEAmer can intervene in the TAAF and, in all cases, take the necessary measures to ensure that occupational accidents are investigated and properly documented and that detailed statistics on these accidents are established and analysed. It requests the Government to provide information in this regard.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

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 comments.

Repetition

The Committee notes that section 26 of Act No. 96-151 of 26 February 1996 concerning transport permitted the registration, within the jurisdiction of the territory of the French Southern and Antarctic Territories (TAAF), of commercial vessels, fishing boats and pleasure crafts. However, under section 34 of Act No. 2005-412 of 3 May 2005 concerning the establishment of the French International Register (RIF), section 26 of the above Act of 1996 became inapplicable to commercial vessels as from two years following the publication of the above Act of 2005 and, on expiry of this period, vessels still registered in the TAAF were to be registered in the RIF. Moreover, the Committee notes the Government’s indication that the fleet registered in the TAAF now consists solely of a few fishing vessels. While noting that the Convention currently has a very limited scope in practice because of the small number of fishing vessels registered in the TAAF, the Committee observes that it is not, however, completely redundant.

Article 2 of the Convention. Statistics and investigations into maritime occupational accidents. The Committee requests the Government to provide copies of reports of investigations established following maritime occupational accidents, as well as statistics on the number, nature, causes and consequences of occupational accidents on board fishing boats registered in the TAAF.

Article 4. Provisions on the prevention of occupational accidents. The Committee notes that, under section L5795-12 of the Transportation Code, seafarers on vessels registered in the Register of the TAAF are subject to the Labour Code applicable in the Overseas Territory of the Southern and French Antarctic Territories. It notes that section 133 of this Code provides for the establishment, in each group of territories and in each territory, of a Technical Advisory Committee for the study of issues relevant to the health and safety of workers. It also notes that, pursuant to section 134, hygiene and safety at the workplace are regulated by decrees of the head of the group of territories, the non grouped territory or the trust territory, after consultation with the Technical Advisory Committee, thus aiming at providing workers with health and safety conditions equivalent to those enjoyed by workers in Metropolitan France. The Committee requests the Government to provide further details on the provisions adopted with respect to the prevention of maritime occupational accidents, pursuant to section 134 of the Labour Code applicable to the TAAF, as well as information on the establishment of Technical Advisory Committees.

In addition, the Committee notes that, pursuant to section L5792-1 of the Transportation Code, most of the provisions of Book II of Part V of this Code, including its Title IV, entitled “Safety and prevention of pollution”, are applicable to vessels registered in the Register of the TAAF. It notes the Government’s indication that, consequently, all of the relevant provisions applicable to fishing vessels, contained in the regulation annexed to the Decree of 23 November 1987 concerning the safety of ships, as amended, which has been adopted pursuant to Decree No. 84 810 of 30 August 1984 on safeguarding life at sea, habitability on board and pollution prevention, as amended – which regulates occupational safety and health on board vessels – are applicable to vessels registered in the TAAF. The Committee requests the Government to provide further information on the manner in which these provisions are effectively implemented on board fishing vessels registered in the TAAF. Furthermore, the Committee notes that section L5545-9 of the Transportation Code, which provides that “work and living places on board ships are to be developed and maintained so that their use ensures the physical and mental health and the safety of seafarers. These places must be permanently kept in a clean, hygienic and sanitary state ensuring the health of the workers concerned”, does not apply to vessels registered in the TAAF. The Committee requests the Government to clarify the reasons for this exclusion. Finally, the Committee requests the Government to indicate whether a “single document on prevention” (Document Unique de Prévention, DUP) must be established and maintained on board fishing boats registered in the TAAF and, if so, to specify the provisions applicable in this matter.

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

The Committee notes that section 26 of Act No. 96-151 of 26 February 1996 concerning transport permitted the registration, within the jurisdiction of the territory of the French Southern and Antarctic Territories (TAAF), of commercial vessels, fishing boats and pleasure crafts. However, under section 34 of Act No. 2005-412 of 3 May 2005 concerning the establishment of the French International Register (RIF), section 26 of the above Act of 1996 became inapplicable to commercial vessels as from two years following the publication of the above Act of 2005 and, on expiry of this period, vessels still registered in the TAAF were to be registered in the RIF. Moreover, the Committee notes the Government’s indication that the fleet registered in the TAAF now consists solely of a few fishing vessels. While noting that the Convention currently has a very limited scope in practice because of the small number of fishing vessels registered in the TAAF, the Committee observes that it is not, however, completely redundant.

Article 2 of the Convention. Statistics and investigations into maritime occupational accidents. The Committee requests the Government to provide copies of reports of investigations established following maritime occupational accidents, as well as statistics on the number, nature, causes and consequences of occupational accidents on board fishing boats registered in the TAAF.

Article 4. Provisions on the prevention of occupational accidents. The Committee notes that, under section L5795-12 of the Transportation Code, seafarers on vessels registered in the Register of the TAAF are subject to the Labour Code applicable in the Overseas Territory of the Southern and French Antarctic Territories. It notes that section 133 of this Code provides for the establishment, in each group of territories and in each territory, of a Technical Advisory Committee for the study of issues relevant to the health and safety of workers. It also notes that, pursuant to section 134, hygiene and safety at the workplace are regulated by decrees of the head of the group of territories, the non grouped territory or the trust territory, after consultation with the Technical Advisory Committee, thus aiming at providing workers with health and safety conditions equivalent to those enjoyed by workers in Metropolitan France. The Committee requests the Government to provide further details on the provisions adopted with respect to the prevention of maritime occupational accidents, pursuant to section 134 of the Labour Code applicable to the TAAF, as well as information on the establishment of Technical Advisory Committees.

In addition, the Committee notes that, pursuant to section L5792-1 of the Transportation Code, most of the provisions of Book II of Part V of this Code, including its Title IV, entitled “Safety and prevention of pollution”, are applicable to vessels registered in the Register of the TAAF. It notes the Government’s indication that, consequently, all of the relevant provisions applicable to fishing vessels, contained in the regulation annexed to the Decree of 23 November 1987 concerning the safety of ships, as amended, which has been adopted pursuant to Decree No. 84-810 of 30 August 1984 on safeguarding life at sea, habitability on board and pollution prevention, as amended – which regulates occupational safety and health on board vessels – are applicable to vessels registered in the TAAF. The Committee requests the Government to provide further information on the manner in which these provisions are effectively implemented on board fishing vessels registered in the TAAF. Furthermore, the Committee notes that section L5545-9 of the Transportation Code, which provides that “work and living places on board ships are to be developed and maintained so that their use ensures the physical and mental health and the safety of seafarers. These places must be permanently kept in a clean, hygienic and sanitary state ensuring the health of the workers concerned”, does not apply to vessels registered in the TAAF. The Committee requests the Government to clarify the reasons for this exclusion. Finally, the Committee requests the Government to indicate whether a “single document on prevention” (Document Unique de Prévention, DUP) must be established and maintained on board fishing boats registered in the TAAF and, if so, to specify the provisions applicable in this matter.

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

Articles 1, 2 and 3 of the Convention. The Committee requests the Government to transmit the annual report including the statistical medical data on accidents linked to maritime labour.

The Committee requests the Government to transmit further information on the future document destined to amend the inquiry procedure and the questionnaire and to include quasi-accidents.

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

The Committee notes with interest the information provided by the Government in its previous report. Moreover, it requests further information in a direct request addressed to the Government.

Articles 1, 2 and 3 of the Convention. Occupational accidents. The Committee requests the Government to transmit the annual report including the medical statistical data on accidents related to maritime labour.

The Committee requests the Government to transmit further information on the future document designed to amend the inquiry procedure and the questionnaire and to include quasi-accidents.

Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes with regret that the 1999 and 2001 reports of the Government do not contain replies to its previous comments. It must therefore repeat its previous observation which read as follows:

The Committee notes the observation of the French Democratic Federation of Labour (CFDT), communicated by the Government in October 1996, to the effect that national legislation does not comply with a number of the provisions of international labour Conventions, including Convention No. 134. It notes that this observation does not indicate precisely the provisions which are not in conformity with the Convention.

The Committee notes the Government’s statement to the effect that since Act No. 83-581 of 5 July 1983 relating to the protection of human life at sea, lodging on board ship and the prevention of pollution applies to all vessels registered in the French Republic, which includes the French Southern and Antarctic Territory (TAAF), there is therefore no difference in treatment between vessels registered in metropolitan France, in an overseas department, in the territorial community of Saint Pierre and Miquelon, in an overseas territory or in the French Southern and Antarctic Territory in regard to the application of this instrument and the regulations based on it. It requests the Government to refer to its general observation.

The Committee requests the Government to provide detailed information indicating the manner in which the Convention is applied to seafarers engaged on vessels registered in the TAAF, indicating in particular the measures taken to ensure that:

- all occupational accidents to seafarers are reported, comprehensive statistics of such accidents are kept and analysed, and accidents resulting in loss of life or serious personal injury are investigated (Article 2 of the Convention);

- research is undertaken into general trends in occupational accidents to seafarers and the particular hazards of maritime employment (Article 3);

- provisions concerning the prevention of accidents to seafarers are laid down by laws or other means containing references to any general provisions applicable to the work of seafarers and, in particular, to the structural features of ships, machinery, special safety measures on and below deck, loading and unloading equipment, fire prevention, anchors, chains and lines, dangerous cargo and ballast, and personal protective equipment (Article 4);

- the provisions concerning the prevention of occupational accidents to seafarers specify clearly the obligation on shipowners, seafarers and others concerned to comply with them (Article 5);

- the proper application of measures to prevent accidents to seafarers is ensured by means of adequate inspection or otherwise and copies or summaries of the relevant provisions are brought to the attention of seafarers (Article 6);

- provision shall be made for the appointment of a suitable person or suitable persons or of a suitable committee responsible, under the Master, for accident prevention (Article 7);

- programmes for the prevention of occupational accidents to seafarers are established and implemented with the participation of shipowners, seafarers or their representatives, and joint accident prevention committees or ad hoc working parties are established (Article 8); and

- the necessary instructions concerning particular hazards of maritime employment are brought to the attention of all seafarers (Article 9).

The Committee once again hopes that the Government will take all possible measures in the near future.

[The Government is asked to report in detail in 2002.]

Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

The Committee notes the observation of the French Democratic Federation of Labour (CFDT), communicated by the Government in October 1996, to the effect that national legislation does not comply with a number of the provisions of international labour Conventions, including Convention No. 134. It notes that this observation does not indicate precisely the provisions which are not in conformity with the Convention.

The Committee notes the Government's statement to the effect that since Act No. 83-581 of 5 July 1983 relating to the protection of human life at sea, lodging on board ship and the prevention of pollution applies to all vessels registered in the French Republic, which includes the French Southern and Antarctic Territories (TAAF), there is therefore no difference in treatment between vessels registered in metropolitan France, in an overseas department, in the territorial community of Saint Pierre and Miquelon, in an overseas territory or in the French Southern and Antarctic Territories in regard to the application of this instrument and the regulations based on it. It requests the Government to refer to its general observation.

The Committee requests the Government to provide detailed information indicating the manner in which the Convention is applied to seafarers engaged on vessels registered in the TAAF, indicating in particular the measures taken to ensure that:

- all occupational accidents to seafarers are reported, comprehensive statistics of such accidents are kept and analysed, and accidents resulting in loss of life or serious personal injury are investigated (Article 2 of the Convention);

- research is undertaken into general trends in occupational accidents to seafarers and the particular hazards of maritime employment (Article 3);

- provisions concerning the prevention of accidents to seafarers are laid down by laws or other means containing references to any general provisions applicable to the work of seafarers and, in particular, to the structural features of ships, machinery, special safety measures on and below deck, loading and unloading equipment, fire prevention, anchors, chains and lines, dangerous cargo and ballast, and personal protective equipment (Article 4);

- the provisions concerning the prevention of occupational accidents to seafarers specify clearly the obligation on shipowners, seafarers and others concerned to comply with them (Article 5);

- the proper application of measures to prevent accidents to seafarers is ensured by means of adequate inspection or otherwise and copies or summaries of the relevant provisions are brought to the attention of seafarers (Article 6);

- provision shall be made for the appointment of a suitable person or suitable persons or of a suitable committee responsible, under the Master, for accident prevention (Article 7);

- programmes for the prevention of occupational accidents to seafarers are established and implemented with the participation of shipowners, seafarers or their representatives, and joint accident prevention committees or ad hoc working parties are established (Article 8);

- the necessary instructions concerning particular hazards of maritime employment are brought to the attention of all seafarers (Article 9).

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

[The Government is asked to report in detail in 1999.]

Observation (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes the information supplied in the Government's first reports.

The Committee notes the observation of the French Democratic Federation of Labour (CFDT), communicated by the Government in October 1996, to the effect that national legislation does not comply with a number of the provisions of international labour Conventions, including Convention No. 134. It notes that this observation does not indicate precisely the provisions which are not in conformity with the Convention.

The Committee notes the Government's statement to the effect that since Act No. 83-581 of 5 July 1983 relating to the protection of human life at sea, lodging on board ship and the prevention of pollution applies to all vessels registered in the French Republic, which includes the French Southern and Antarctic Territories (TAAF), there is therefore no difference in treatment between vessels registered in metropolitan France, in an overseas department, in the territorial community of Saint Pierre and Miquelon, in an overseas territory or in the French Southern and Antarctic Territories in regard to the application of this instrument and the regulations based on it. It requests the Government to refer to its general observation.

The Committee requests the Government to provide detailed information indicating the manner in which the Convention is applied to seafarers engaged on vessels registered in the TAAF, indicating in particular the measures taken to ensure that:

- all occupational accidents to seafarers are reported, comprehensive statistics of such accidents are kept and analysed, and accidents resulting in loss of life or serious personal injury are investigated (Article 2 of the Convention);

- research is undertaken into general trends in occupational accidents to seafarers and the particular hazards of maritime employment (Article 3);

- provisions concerning the prevention of accidents to seafarers are laid down by laws or other means containing references to any general provisions applicable to the work of seafarers and, in particular, to the structural features of ships, machinery, special safety measures on and below deck, loading and unloading equipment, fire prevention, anchors, chains and lines, dangerous cargo and ballast, and personal protective equipment (Article 4);

- the provisions concerning the prevention of occupational accidents to seafarers specify clearly the obligation on shipowners, seafarers and others concerned to comply with them (Article 5);

- the proper application of measures to prevent accidents to seafarers is ensured by means of adequate inspection or otherwise and copies or summaries of the relevant provisions are brought to the attention of seafarers (Article 6);

- provision shall be made for the appointment of a suitable person or suitable persons or of a suitable committee responsible, under the Master, for accident prevention (Article 7);

- programmes for the prevention of occupational accidents to seafarers are established and implemented with the participation of shipowners, seafarers or their representatives, and joint accident prevention committees or ad hoc working parties are established (Article 8);

- the necessary instructions concerning particular hazards of maritime employment are brought to the attention of all seafarers (Article 9).

[The Government is requested to report in detail in 1998.]

Observation (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation on the following points:

The Commitee refers to its general observation on the territories.

The Committee notes with regret that the first report that was due in 1992 has not yet been received. It hopes the Government will meet this obligation by submitting a detailed and complete first report in accordance with the report form approved by the Governing Body of the ILO.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

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

The Committee refers to its general observation for the territories.

The Committee notes with regret that the first report that was due in 1992 has not yet been received. It hopes the Government will meet this obligation by submitting a detailed and complete first report in accordance with the report form approved by the Governing Body of the ILO.

Observation (CEACR) - adopted 1994, published 81st ILC session (1994)

With reference to its general observation concerning the French Southern and Antarctic Territories, the Committee hopes that the Government will supply information on the manner in which the Convention is applied to vessels registered in the French Southern and Antarctic Territories.

[The Government is asked to report in detail for the period ending 30 June 1994.]

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

Referring to its general observation concerning the French Southern and Antarctic Territories, the Committee hopes that the Government will supply information on the manner in which the Convention is applied to ships registered in these territories.

[The Government is asked to report in detail for the period ending 30 June 1993.]