Demande directe (CEACR) - adoptée 2020, publiée 109ème session CIT (2021)

Convention du travail maritime, 2006 (MLC, 2006) - Portugal (Ratification: 2016)

The Committee notes the Government’s first report on the application of the Maritime Labour Convention, 2006, as amended (MLC, 2006) and the supplementary information provided in light of the decision adopted by the Governing Body at its 338th session (June 2020). It further notes that the Government previously ratified eleven Conventions on maritime labour, which have been denounced following the entry into force of the MLC, 2006, for Portugal. It notes that Portugal has not submitted a declaration of acceptance of the amendments to the Code of the Convention approved in 2014 by the International Labour Conference and is therefore not bound by these amendments. The Committee further notes, concerning the amendments to the Code approved by the International Labour Conference in 2016, that Portugal has indicated that it will be bound by them only after a subsequent express notification of their acceptance. The Committee notes the efforts undertaken by the Government to implement the Convention. 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.

Impact of the COVID-19 pandemic. The Committee takes note of the observations of the International Transport Workers' Federation (ITF) and of the International Chamber of Shipping (ICS), received by the Office on 1 October 2020 and 26 October 2020, respectively, alleging that ratifying states have failed to comply with certain provisions of the Convention during the COVID-19 pandemic. Noting with deep concern the impact of the COVID pandemic on the respect of seafarers’ rights as laid out in the Convention, the Committee refers to its general observation of 2020 on this issue.

Article II, paragraph 1(f) and 2 of the Convention. Definitions and scope of application. Seafarers. The Committee notes the Government’s indication that, according to Act No. 146/2015 of 9 September 2015, Section 2 (e), “seafarer” means any person who is employed or engaged or works in any capacity on board a ship to which such Act applies. The Committee also notes that Section 2, paragraph 2 of the Act No. 146/2015 states that shall not be regarded as seafarers persons whose work is not part of the ship’s routine, and any other workers whose work on board is sporadic and brief and who normally work on land, notably, scientists, researchers, invited artists. The Committee further notes that the categories of workers not to be regarded as seafarers included in Section 2, paragraph 2 of the Act No. 146/2015 are the same as those listed in Resolution concerning information on occupational groups, adopted at the 94th session of the International Labour Conference (2006). The Committee also notes that, according to Section 7, paragraph 3 of the Ordinance No. 231/2020 of 30 September 2020, the embarkation of non-maritime individuals on vessels engaged in local passenger traffic, for the performance of functions of a permanent nature and in constant mutation, does not require adding their identification to the list of the crew as per requirements of the paragraph 2 of the same Section. The Committee draws the Government’s attention to the definition of “seafarer” under Article II, paragraph 1(f), which covers “any person who is employed or engaged or works in any capacity on board a ship to which this Convention applies”. This encompasses not only crew members sensu stricto, but also other persons working in any capacity on board ships, such as personnel of cruise ships (for example, catering and hotel staff). The Committee requests the Government to explain what is intended by non-maritime individuals performing functions of a permanent nature and in constant mutation, embarked on vessels engaged in local passenger traffic”. Noting that there was no specific information provided regarding cadets, the Committee also requests the Government to indicate whether cadets are regarded as seafarers under its national legislation and therefore fully enjoy the protection afforded by the Convention.

Article II, paragraph 1(i) and 4. Definitions and scope of application. Ships. The Committee notes Section 8, paragraph 3 of Legislative Decree No. 166/2019, 31 October 2019, according to which for seafarers wishing to provide service on board vessels registered as local vessels, the presentation of medical certificates is not required, without prejudice to the fact that their health status must be proven by the companies or shipowners that operate the said vessels. In this respect, the Committee recalls that a medical certificate is to be issued to any person who is employed or engaged or works in any capacity on board a ship as defined by Article II, paragraph 1(i) and 4. The Committee therefore requests the Government to explain what is intended by “local vessels” and whether they fall within the scope of application of the Convention.

Regulation 1.1 and Standard A1.1, paragraphs 2 and 3. Minimum age. Night work. The Committee notes the Government’s indication that, according to Section 223 of the Labour Code, “night” is defined as a period of seven to eleven hours, including the period between midnight and 5 a.m. The period of night work may be established in a collective labour regulation instrument. If not otherwise stated, it shall start at 10 p.m. of one day and end at 7 a.m. of the following day. Noting that the Labour Code allows for periods of seven hours to be considered as night work, the Committee recalls that, in accordance with Standard A1.1, paragraph 2, “night” shall cover a period of at least nine hours. The Committee therefore requests the Government to modify its national legislation in order to ensure full compliance with the requirements of Standard A1.1, paragraph 2.

Regulation 1.2 and Standard A1.2, paragraph 4. Medical Certificate. Qualified medical practitioner. The Committee notes the Government’s indication that all doctors who issue medical certificates must be specialists in occupational health or, if they are not, be a general practitioner employed by a National Health Service health center. The Committee also notes relevant provisions of Legislative Decree No. 166/2019 of 31 October and Ordinance No. 101/2017 of 7 March 2017 in relation to medical examination, right to appeal and recognition process of the qualified practitioners. Noting that no information has been provided regarding professional independence in exercising their medical judgement in undertaking medical examination procedures, as well as regarding independence of members of medical board to which a refusal to issue a medical certificate may be appealed, the Committee requests the Government to indicate relevant provisions implementing these requirements or measures undertaken in this respect (Standard A1.2, paragraph 4).

Regulation 1.4 and Standard A1.4, Paragraph 5 (a). Recruitment and placement. Noting that no information has been provided in this respect, the Committee recalls that, in accordance with Standard A1.4, paragraph 5 (a), a Member shall in its laws and regulations or other measures at a minimum prohibit seafarer recruitment and placement services from using means, mechanisms or lists intended to prevent or deter seafarers from gaining employment for which they are qualified. The Committee accordingly requests the Government to indicate how it gives effect to the requirements of Standard A1.4, paragraph 5(a) of the Convention.

Regulation 1.4 and Standard A1.4, Paragraph 5(c)(vi). Recruitment and placement. System of protection. The Committee notes the Government’s reference to Section 47 of Act No. 146/2015 of 9 September 2015 and Legislative Decree No. 260/2009 of 25 September 2009, Section 24, paragraph 5, according to which agencies that handle the recruitment and placement of seafarers shall set up an insurance scheme, to be regulated by an ordinance issued by the Government members responsible for finance and labour, to ensure the payment of compensation for damage to seafarers’ property arising from the agency's or the shipowner's failure to meet its obligations. Noting that no further information has been communicated in this respect, the Committee requests the Government to provide a copy of the aforementioned ordinance implementing requirements of Standard A1.4, paragraph 5(c)(vi).

Regulation 2.1 and the Code. Seafarers’ employment agreements. Regarding the seafarers’ employment agreements, the Committee notes the Government’s reference to Sections 7 and 8 of Act No. 146/2015 and section 9 of the Labour Code, which appear to lay down different regimes. Although Section 7 refers to employment agreements for work on board ships, the Committee notes that Section 8 foresees a different regime for seafarers working under service agreements and that Section 9 refers to employment agreements for special regimes. The Committee consequently requests the Government to clarify the difference between the contractual regimes applicable onboard ship as well as to specify the categories of seafarers or other workers concerned by these regimes. It further requests the Government to indicate whether there are sufficient safeguards in place to ensure that all provisions of the MLC, 2006, and, in particular, those prescribed by Regulation 2.1 and the Code, are applicable to all seafarers within the meaning of the Convention.

Regulation 2.1 and Standard A2.1, paragraph 1(d). Seafarers’ employment agreement. A copy of the agreement on board. The Committee notes the Government’s indication that Section 7(5) of Act No. 146/2015 foresees that, while aboard the ship, seafarers shall have a copy of their employment agreements in their possession. The Committee notes that this provision imposes an obligation on the seafarer, while paragraph 1 (d) of Standard A2.1 places such obligation on the shoulders of the shipowner, prescribing that measures shall be taken to ensure that clear information as to the conditions of their employment can be easily obtained on board by seafarers, including the ship’s master, and that such information, including a copy of the seafarers’ employment agreement, is also accessible for review by officers of a competent authority, including those in ports to be visited. The Committee accordingly requests the Government to indicate the measures adopted or envisaged to give full effect to these provisions of the Convention (Standard A2.1, paragraph 1(d)).

Regulation 2.1 and Standard A2.1, paragraph 6. Seafarers’ employment agreement. Termination. Shorter notice period for urgent reasons. The Committee notes the Government’s reference to Sections 344 and 345 of the Labour Code related to termination of employment agreements Noting the Government’s indication that a notice period shorter than the minimum is not foreseen in its legal system, the Committee recalls that Standard A2.1, paragraph 6, provides that a notice period shorter than the minimum may be given in circumstances which are recognized under national law or regulations or applicable collective bargaining agreements as justifying termination of the employment agreement at shorter notice or without notice. In determining those circumstances, each Member shall ensure that the need of the seafarer to terminate, without penalty, the employment agreement on shorter notice or without notice for compassionate or other urgent reasons is taken into account. The Committee therefore requests the Government to indicate the measures taken or envisaged to give effect to these requirements of the Convention.

Regulation 2.3 and Standard A2.3, paragraph 2. Hours of work and hours of rest. The Committee notes the Government’s reference to Section 10 of Act No. 146/2015, pursuant to which seafarers' work shall be subject to, alternately, the maximum hours of work or the minimum hours of rest. The decision to base the work of seafarers on hours of work or hours of rest shall be made through a collective agreement, in the employment agreement or, in their absence, by the shipowner. The Committee recalls in this respect that, under Regulation 2.3, each Member shall within the limits set out in Standard A2.3, paragraphs 5–8, fix either a maximum number of hours of work which shall not be exceeded in a given period of time (14 hours in each 24-hour period and 72 hours in each seven-day period), or a minimum number of hours of rest which shall be provided in a given period of time (ten hours in each 24-hour period and 77 hours in each seven-day period) and that this provision should not be interpreted as to giving shipowners the choice of regimes concerning maximum hours of work or minimum hours of rest. The Committee accordingly requests the Government to indicate the measures taken or envisaged to ensure that the maximum hours of work or minimum hours of rest are fixed in accordance with Standard A2.3, paragraph 2 of the Convention and are not subject to selective application by shipowners.

Regulation 2.3 and Standard A2.3, paragraph 3. Hours of work and hours of rest. Normal working hours’ standard. The Committee notes the Government’s reference to Sections 9 and 11 of Act No. 146/2015 of 9 September 2015, according to which the normal period of work of seafarers shall not exceed eight hours per day and 48 hours per week and that seafarers on board shall have one day of rest per week. The Committee recalls that, in accordance with Standard A2.3, paragraph 3, the normal working hours’ standard for seafarers shall also include rest on public holidays. The Committee accordingly requests the Government to indicate how it ensures that the normal working hours for seafarers are in full compliance with the requirements of Standard A2.3, paragraph 3. The Committee also requests the Government to indicate how due consideration has been given to Guideline B2.3.1 regarding working hours of young seafarers.

Regulation 2.4 and the Code. Entitlement to leave. The Committee notes the Government’s indication that, according to Section 17 of Act No. 146/2015 of 9 September 2015, the period of annual leave shall not be less than two and a half consecutive days for each month covered by the employment agreement or a proportionate amount in the case of an incomplete month. It also notes that, without prejudice to the provisions of Act No. 146/2015 of 9 September 2015, the seafarer's annual leave entitlement is established by the Labour Code. The Committee further notes that the Government provides the text of different sections of the Labour Code, some provisions of which, however, do not appear to be in conformity with the requirements of the Convention. Notably, the Committee notes that, while Section 237 (3) of the Labour Code provides that entitlement to leave shall be irrevocable and shall not be replaced by economic or other compensation, even with the worker's consent, Section 238(5) allows the workers to decline to take more than 20 working days of leave or a corresponding proportion of holidays during a given year without losing their wages for that period or their holiday bonuses, which shall be added to the wages for the work performed on those days. Finally, the Committee notes that the Government does not provide information regarding the prohibition of justified absences from work to be considered as part of annual leave. Recalling that each Member shall adopt laws and regulations determining the minimum standards for annual leave for seafarers, taking proper account of the special needs of seafarers with respect to such leave (Standard A2.4, paragraph 1); recalling also that justified absences from work shall not be considered as annual leave (Standard A2.4, paragraph 2) and that any agreement to forgo the minimum annual leave with pay, except in cases provided for by the competent authority, shall be prohibited (Standard A2.4, paragraph 3), the Committee requests the Government to indicate how it gives full effect to these requirements of the Convention, giving due consideration to Guideline B2.4.

Regulation 2.5 and Standard A2.5.1, paragraphs 1 and 2 (a). Repatriation. Circumstances. The Committee notes that Section 20 of Act No. 146/2015 of 9 September 2015 describes the circumstances in which seafarers on ships that fly the Portuguese flag are entitled to repatriation. The Committee notes, however, that such circumstances do not include the case “when the seafarers’ employment agreement is terminated by the shipowner”, neither “when the seafarers’ employment agreement is terminated by the seafarer for justified reasons”, as required by Standard A2.5.1, paragraph 1 b). Regarding the latter, the Committee notes that, on the contrary, Section 20 of Act No. 146/2015 of 9 September 2015 prescribes that seafarers are entitled to repatriation in case of “expiration of the employment agreement, except where terminated by the seafarer”. The Committee accordingly requests the Government to indicate the measures taken or envisaged to align its legislation with the requirements of the Standard A2.5.1, paragraph 1 b).

Regulation 2.5 and Standard A2.5.1, paragraph 3. Repatriation. Prohibition of advance payment and to recover costs from seafarers. The Committee notes the Government’s indication that, according to Section 20(4) of Act No. 146/2015 of 9 September 2015, “shipowners shall not receive from seafarers any form of advance payment towards the cost of repatriation. However, where the seafarer was responsible for the situation that led to the repatriation, the shipowner may recover those costs from the seafarer's wages or other entitlements”. With regard to the possibility provided by the Convention to recover the cost of the repatriation from the seafarer, the Committee underlines that it is conditioned to a finding of serious default of the seafarer’s employment obligations, in accordance with national laws or regulations or other measures of applicable collective bargaining agreements. The Committee accordingly requests the Government to indicate the measures taken or envisaged to give full effect to the requirements of Standard A2.5.1, paragraph 3 in this respect, as well as to provide details on the relevant legislation or applicable collective bargaining agreements determining the procedure to be followed and the standard of proof to be applied before a seafarer can be found to be in “serious default of the seafarers’ employment obligations”.

Regulation 2.6 and Standard A2.6, paragraph 1. Compensation for the ship’s loss or foundering. Unemployment Indemnity. The Committee notes the Government’s reference to Section 23 of Act No. 146/2015 of 9 September 2015, according to which shipowners shall compensate seafarers for property damage resulting from the ship's accident, loss or foundering, without prejudice to the compensation owed for termination of an employment agreement and for harm arising from an occupational accident resulting from the loss or foundering of the ship. The Committee recalls that, in accordance with Standard A2.6, paragraph 1, each Member shall make rules ensuring that, in every case of loss or foundering of any ship, the shipowner pays to each seafarer on board an indemnity against unemployment resulting from such loss or foundering. The Committee accordingly requests the Government to indicate whether, for the period during which they remain unemployed following the ship’s foundering or loss, seafarers working on board its ships are paid an indemnity at the same rate as the wages payable under the employment agreement. The Committee also requests the Government to indicate how it has given due consideration to Guideline B2.6 of the Convention in this respect.

Regulation 2.8 and the Code. Career and skill development and employment opportunities for seafarers. The Committee notes that Legislative Decree No. 280/2001 of 23 October 2001, to which the Government refers, has been repealed. It notes that Section 28 of such Legislative Decree specified that Guidelines for the development and implementation of training programs as part of the education or the employment system should be established through a joint ordinance of the Ministry of Education, the Ministry of Labour and Solidarity and the ministry responsible for the work of seafarers and that Guidelines for the development and implementation of training programs for merchant marine officers should be established through a joint ordinance of the Ministry of Education and the Ministry for Social Infrastructure. The Committee requests the Government to inform whether the aforementioned guidelines have been adopted, as well as to provide information regarding the content of national policies to promote employment and to encourage career development of seafarers, as required by Regulation 2.8.

Regulation 3.1 and the Code. Accommodation and recreational facilities. The Committee notes the Government’s indication that ships constructed before 20 August 2014(date of entry into force of the Convention for Portugal) shall comply with the provisions for accommodation under the Accommodation of Crews Convention (Revised), 1949 (No. 92) and that Decree No. 43.026 of 23 June 1960 incorporates the provisions of Convention No. 92 and repeals all provisions that conflict with such convention and its implementing regulations. The Committee also notes the provisions of the DMLC, part I, according to which all new ships which keel is laid, or is in equivalent stage of construction on or after 20 August 2014, shall comply with the provisions for accommodation under the MLC, 2006. The Committee recalls in this respect that Standard A3.1 provides that each Member shall adopt laws and regulations requiring that ships that fly its flag meet the minimum standards for accommodation and recreational facilities of the Convention and are inspected to ensure initial and ongoing compliance with those standards. The Committee accordingly requests the Government to indicate the measures taken to give effect to Regulation 3.1 and Standard A3.1 with respect to all ships covered by the Convention including detailed information on Flag State inspections.

Regulation 3.2 and Standard A3.2, paragraph 8. Food and catering. Ship’s Cook. Minimum Age. Regarding the prohibition to employ or to engage seafarers under the age of 18 as a ship’s cook, the Committee notes the Government’s indication that legislation is being drafted in this respect. The Committee accordingly requests the Government to inform about the progress made in this regard and to provide a copy of such legislation once adopted.

Regulation 4.1 and Regulation 4.2 and the Code. Medical care on board and ashore. Shipowners’ Liability. The Committee notes the Government’s reference to Section 21 of Act No. 146/2015 of 9 September 2015, dealing with sickness and accidents, according to which shipowners shall provide treatment and pay the costs thereof for seafarers with a non-occupational natural disease or an accident, including essential dental care, that requires treatment on land in a country other than Portugal. For these purposes, shipowners shall provide the seafarer with board and lodging during the treatment period on board, on land or while awaiting repatriation. The Committee further notes paragraph 12 of the DMLC, Part I, stipulating that shipowners shall ensure seafarers’ illness and injuries treatment, and shall bear the respective costs, when the seafarer is onboard suffering from a natural illness or from an injury which is not an occupational injury and needs treatment, away from his national territory, which includes basic dental care. The Committee finally notes that Section 21, paragraph 6 of Act No. 146/2015 of 9 September 2015 foresees that the regulations governing compensation for occupational injuries and diseases shall be set out in specific legislation. Noting that no information has been provided regarding such specific legislation governing compensation for occupational injuries and diseases of seafarers, the Committee requests the Government to provide detailed information on the regime applicable in this respect and to provide a copy of the relevant regulations. Noting the Government’s reference to the provisions of the DMLC, part I (paragraph 16) regarding financial security to ensure compensation in the event of death or long-term disability of seafarers due to an occupational injury, illness or hazard, the Committee recalls that, in accordance with Standard A4.2.1, paragraph 1(b), each Member shall adopt laws and regulations requiring shipowners to provide such financial security. The Committee further notes the Government’s indication that legislation in this respect is currently being drafted. The Committee accordingly requests the Government to inform about the progress made in this regard and to provide a copy of relevant legislation once adopted.

Regulation 4.3 and the Code. Health and safety protection and accident prevention. The Committee notes the Government’s indication that general principles of occupational safety and health, established in the general regime governing the promotion of occupational safety and health, are set out in Act No. 102/2009 of 10 September 2009 and are applicable to all workers, including those who work on board ships. The Committee observes that the provisions of Act No. 102/2009 of 10 September 2009 are of a general nature and that, although they address some matters directly linked to seafarers (in Sections 14, 21 and 77), they do not appear to cover all the requirements under Regulation 4.3 and Standard A4.3 and consequently do not address all the specificities of work on board ships. The Committee also notes the provisions contained in the DMLC, Part I, in relation to health and safety protection and accident prevention, imposing some obligations on shipowners. The Committee observes that, since the Government has not provided an example of Part II of the DMLC, it does not have any information on shipowner practices or on-board programs for the prevention of occupational accidents, injuries and diseases (Standard A4.3, paragraphs 1(c), 2(b) and 8). Regarding reporting of occupational accidents, injuries and diseases, the Committee notes the Government’s reference to Directive No. 2009/18 as well as to the Bureau of Maritime Accident Prevention and Investigation (GAMA) and a model notification form that is used to report maritime – including occupational – accidents and incidents occurring within or outside the scope of Directive No. 2009/18 and of domestic law. The Committee notes, however, that such model notification form has not been provided with the report. It further observes that issues covered by the Directive No. 2009/18, to which the Government refers, relate to Regulation 5.1.6 of the Convention, dealing with marine casualties. The Committee finally notes that the Government does not provide details on the implementation of the requirements of Standard A4.3., paragraphs 5 and 6, and, notably, regarding protection of seafarers’ personal data. The Committee recalls that each Member shall adopt laws and regulations and other measures addressing the matters specified in the Code, taking into account relevant international instruments, and set standards for occupational safety and health protection and accident prevention on ships that fly its flag (Regulation 4.3, paragraph 3). It further recalls that each Member shall develop and promulgate national guidelines for the management of occupational safety and health on board ships that fly its flag, after consultation with representative shipowners’ and seafarers’ organizations (Regulation 4.3, paragraph 2). In light of the above, the Committee requests the Government to provide information on the measures adopted or envisaged to give full effect to Regulation 4.3 and Standard A4.3.

Regulation 4.5 and the Code. Social security. The Committee notes that for seafarers on board ships registered in the national shipping register the Government, in accordance with Standard A4.5, paragraphs 2 and 10, has specified the following social security branches: sickness benefit; unemployment benefit; old-age benefit; employment injury benefit; family benefit; maternity benefit; invalidity benefit and survivors’ benefit. The Committee also notes that for seafarers on board ships registered in the international shipping register of Madeira (RIM), the Government has specified the following branches of social security: sickness benefit; employment injury benefit and maternity benefit. Noting that medical care benefit is not included in the list of social security branches specified, either with respect to the national shipping register, or to the international shipping register of Madeira, the Committee invites the Government to give due consideration to the Guideline B4.5, paragraph 1, according to which the protection to be provided at the time of ratification of the Convention should at least include the branches of medical care, sickness benefit and employment injury benefit. The Committee also notes the Government’s indication that for eligible workers, the employment injury benefit is handled in the same way as the sickness benefit. It further notes the Government’s information that occupational injuries are covered through occupational injuries insurance, which is compulsory for all workers and is normally provided by employers through private insurers. Noting that the Government has not provided information on the legislative texts applicable in this respect, the Committee requests the Government to indicate the applicable legislation. The Committee further notes the Government’s reference to a number of legislative texts applicable to other social security benefits which are provided to seafarers. The Committee requests the Government to provide more detailed information on these benefits’ regimes, including reference to relevant provisions of the applicable legislation. Noting that no information has been provided on the following matters, the Committee requests the Government to : i) indicate any bilateral or multilateral arrangements in which Portugal participates regarding the provision of social security protection, including the maintenance of rights acquired or in the course of acquisition (Regulation 4.5, paragraph 2; Standard A4.5, paragraphs 3, 4 and 8); ii) clarify whether shipowners’ and, if applicable, seafarers’ contributions to relevant social protection and social security systems or schemes are monitored to verify that the contributions are made (Standard A4.5, paragraph 5; see guidance in Guideline B4.5, paragraphs 6 and 7); iii) indicate what fair and effective procedures for the settlement of disputes relating to social security for seafarers have been established (Standard A4.5, paragraph 9); iv) inform whether any measures are adopted for providing benefits to non-resident foreign seafarers working on ships flying the Portuguese flag, as required by Standard A4.5, paragraphs 5 and 6.

Regulation 5.1.4 and Standard A5.1.4, paragraph 16. Flag State responsibilities. Inspection and enforcement. Compensation in case of wrongful exercise of the inspectors’ powers. Noting that no information has been provided in this respect, the Committee requests the Government to indicate and outline the content of the legal provisions or principles under which compensation must be paid for any loss or damage from the wrongful exercise of the inspectors’ powers.

Regulation 5.1.6, paragraph 1. Flag State responsibilities. Marine casualties. Official inquiry. The Committee notes the Government’s indication that Act No 18/2012 of 7 May 2012, transposing Directive 2009/18/EC of the European Parliament and of the Council of 23 April 2012, establishes fundamental principles governing the investigation of accidents in the maritime transport sector. It further notes that Legislative Decree No. 236/2015 of 14 October 2015 establishes the Bureau of Maritime Accident Prevention and Investigation and the Meteorology Authority for Aeronautics in charge of such investigations. The Committee further notes the Government’s indication that a serious injury may be classified as a less serious marine casualty, in which case there is no obligation to conduct an initial assessment or a safety investigation. The Committee finally notes that, according to provisions of Section 6 (2) of Act No 18/2012 of 7 May 2012, obligation to investigate is reserved only to very serious marine casualties. Noting that in case of serious marine casualty leading to injury the holding of an investigation is optional under Portuguese legislation, the Committee recalls that Regulation 5.1.6, paragraph 1, provides that each Member shall hold an official inquiry into any serious marine casualty, leading to injury or loss of life that involves a ship that flies its flag. The Committee accordingly requests the Government to indicate the measures taken or envisaged to ensure full conformity with this requirement of the Convention.

Regulation 5.2.1 and the Code. Port State responsibilities. Inspections in port. Noting that the Government does not provide information regarding implementation of the requirements of Regulation 5.2.1 and the Code, the Committee requests the Government to provide all the relevant information in this respect.

Additional documents requested. The Committee notes that the Government has not provided some of the documents requested in the report form. The Committee requests the Government to provide the following documents and information: an example of the approved document for seafarers’ record of employment (Standard A2.1, paragraphs 1 and 3); the standard form or an example of a seafarers’ employment agreement (Standard A2.1, paragraph 2(a)); the relevant portion of any applicable collective bargaining agreement (Standard A2.1, paragraph 2(b)); a copy of the approved standardized table for shipboard working arrangements (Standard A2.3, paragraphs 10 and 11); a copy of the standard form established by the competent authority for the recording of seafarers’ daily hours of work or their daily hours of rest (Standard A2.3, paragraph 12); a copy of any authorized or registered collective agreement provisions that establish seafarers’ normal working hours or permit exceptions to the established limits (Standard A2.3, paragraphs 3 and 13); a copy of the provisions on seafarers’ entitlement to repatriation in any applicable collective bargaining agreements (Standard A2.5.1, paragraph 2); an example of the standard medical report form for seafarers (Standard A4.1, paragraph 2; see guidance in Guideline B4.1.2, paragraph 1); an example of a document (e.g. Part II of the DMLC) outlining a shipowner’s practices or on-board programs (including risk evaluation) for preventing occupational accidents, injuries and diseases (Standard A4.3, paragraphs 1(c), 2(b) and 8); a copy of the relevant national guidelines (Regulation 4.3, paragraph 2); a copy of the document(s) used for reporting unsafe conditions or occupational accidents on board ship (Standard A4.3, paragraph 1(d)); a list of all seafarers’ shore-based welfare facilities and services operating in the country; a copy of a report or review prepared by a welfare board on the welfare services (Regulation 4.4); a report or other document containing information on the objectives and standards established for the inspection and certification system, including the procedures for its assessment, information on the budgetary allocation for the administration of such system and the total income received on account of inspection and certification services (Regulation 5.1.1); the following statistical information: i) number of ships flying your country’s flag that were inspected for compliance with the requirements of the Convention; ii) number of inspectors, appointed by the competent authority or by a duly authorized recognized organization, carrying out those inspections; iii) number of full-term (up to five years) maritime labour certificates currently in force; and iv) number of interim certificates issued (Standard A5.1.3); an example or examples of authorizations given to recognized organizations(Regulation 5.1.2, paragraph 2); a copy of the annual reports on inspection activities, in English, French or Spanish, that have been issued in accordance with Standard A5.1.4, paragraph 13; a standard document issued to or signed by inspectors setting out their functions and powers, and a copy of any national guidelines issued to inspectors, with a summary of the content of these documents in English, French or Spanish if they are not in one of those languages (Standard A5.1.4, paragraph 7; see guidance in Guideline B5.1.4, paragraphs 7 and 8); a copy of the form used for an inspector’s report (Standard A5.1.4, paragraph 12); a copy of any documentation that is available informing seafarers and interested others about the procedures for making a complaint (in confidence) regarding a breach of the requirements of the Convention (including seafarers’ rights) (Standard A5.1.4, paragraph 5; see guidance in Guideline B5.1.4, paragraph 3), with an indication of the content in English, French or Spanish if the documentation is not in one of those languages; number of authorized officers appointed by the competent authority and information on the qualifications and training required for carrying out port State control; a copy of any national guidelines issued to inspectors in implementation of Standard A5.2.1, paragraph 7, with an indication of the content in English, French or Spanish if the guidelines are not in one of those languages; the following statistical information: number of foreign ships inspected in port; number of more detailed inspections carried out according to Standard A5.2.1, paragraph 1; number of cases where significant deficiencies were detected; number of detentions of foreign ships due, wholly or partly, to conditions on board ship that are clearly hazardous to the safety, health or security of seafarers, or constitute a serious or repeated breach of the requirements of the Convention (including seafarers’ rights).

[The Government is asked to reply in full to the present comments in 2023.]