Seafarers' Pensions Convention, 1946 (No. 71) - France (Ratification: 1948)

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee notes the observations of the French Confederation of Christian Workers (CFTC) communicated with the Government’s report.

Article 4(4) of the Convention. Participation of shipowners and seafarers in the management of the pension scheme. The Committee notes the allegations of the CFTC that the requirements of Article 4(4) of the Convention, which establishes the right of shipowners and seafarers who contribute to the cost of pensions to participate in the management of the scheme, are not fulfilled. The CFTC refers in particular to the Committee of Interested Parties (CPI), established in 2018, which, although representing an initial step towards better application of this Article, has a merely advisory role and does not enable the social partners to participate fully in the management of the scheme, as required by the Convention. In reply to these observations, the Government indicates that, although persons in receipt of a pension under the seafarers’ social security scheme are not directly represented on the executive board of the National Maritime Invalidity Institute (ENIM), which is responsible for the seafarers’ social security scheme, the chairpersons of the bodies representing each of the four maritime sectors (trade, fisheries, marine fish farming, leisure boating) are members of the ENIM executive board. As regards the CPI, the Government indicates that its role is to formulate opinions on any matters coming within the competence of the ENIM executive board and that at each meeting it considers the items on the agenda for the next board meeting. The Government also recalls the setting up of the Higher Seafarers’ Council (CSGM), which is the umbrella organization for the maritime community and within which the federations of retirees play an active part. The Committee observes that under section 3 of Decree No. 2010-1009 of 30 August 2010 establishing the administrative and financial structure of the National Maritime Invalidity Institute, the composition of the ENIM executive board does not explicitly include representatives of the shipowners and seafarers who contribute to the cost of pensions, as established by Article 4(4) of the Convention. With regard to the CPI, the Committee observes that, according to the ENIM annual report for 2018 referred to in the Government’s report, although the opinions of the CPI are not binding on the executive board, they contribute to the board’s decision-making through the clarification they provide, while raising its awareness of the expectations of maritime stakeholders. The Committee also observes that the ENIM report announces the launch in 2019 of discussions on amendments to the ENIM regulations in order to align them with those of a social security organization by fully incorporating the social partners in the governance of the Institute. The Committee requests the Government to provide information on the results of the discussions launched in 2019 and on the measures taken or envisaged, if applicable, to ensure that shipowners and seafarers, whether in receipt of a pension or still making contributions, participate fully in the management of the ENIM scheme, in accordance with Article 4(4) of the Convention.