Demande directe (CEACR) - adoptée 2011, publiée 101ème session CIT (2012)

Convention (n° 134) sur la prévention des accidents (gens de mer), 1970 - Terres australes et antarctiques françaises

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.