Demande directe (CEACR) - adoptée 2021, publiée 110ème session CIT (2022)

Convention du travail maritime, 2006 (MLC, 2006) - Monténégro (Ratification: 2015)

The Committee notes the Government’s second report on the application of the Maritime Labour Convention, 2006, as amended (MLC, 2006). The Committee notes that the amendments to the Code approved by the International Labour Conference in 2016 and 2018 entered into force for Montenegro on 8 January 2019 and 26 December 2020, respectively. Based on its second review of the information and documents available, the Committee draws the Government’s attention to the following issues.

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 and 26 October 2020 and on 4 October 2021, 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-19 pandemic on the protection of seafarers’ rights as laid out in the Convention, the Committee refers to its general observation of 2020 and its comments in the general report of 2021 on this issue, and requests the Government to provide information in its next report on any temporary measures adopted in this regard, their duration and their impact on seafarers’ rights.

Article II, paragraphs 1(f), 2 and 3. Definitions and scope of application. Seafarers. In its previous comments, the Committee requested the Government to indicate how it had ensured that the protection afforded by the Convention was guaranteed to all seafarers working on ships flying its flag, in accordance with Article II, paragraph 1(f). The Committee notes the Government’s indication that, according to Maritime Navigation Safety Law, section 6 item 27, “seafarer” refers to any person who is employed or performs the service or who works in any capacity on a ship or yacht intended for commercial activity. The Committee takes note of this information.

Article II, paragraphs 1(i) and 4. Definitions and scope of application. Ships. In its previous comments, the Committee requested the Government to provide further explanations on the definition of ship. While the Government refers to the Rulebook on the categories of navigation of ships (Official Gazette of Montenegro (OGM), No. 22/2015 of 4 May 2015), the Committee notes that this text does not contain the definition of ships of limited area of navigation, for which paragraph 35.11 of the Rulebook on detailed conditions for work protection and accommodation of crew and other persons on the vessel (OGM 82/16 of 29 December 2016) foresees some exemptions. The Committee requests the Government to provide detailed information on this category of ships. The Committee further requested the Government to indicate how it ensured that the protection afforded by the Convention was guaranteed to seafarers working on yachts ordinarily engaged in commercial activities and ships engaged in domestic voyages. Noting that no answer has been provided in this respect, the Committee requests the Government to indicate the measures taken to ensure that the measures implementing the Convention apply to these categories of ships.

Article VII of the Convention. Consultations. In its previous comments the Committee requested information on the implementation of this requirement of the Convention. The Committee notes the Government’s indication that consultations with representatives of all relevant institutions are conducted during the drafting of laws and bylaws, through the work of the relevant working groups and through public hearing. Proposals for legislation are submitted for opinion to the relevant institutions. While noting this information, the Committee requests the Government to specify if it conducts consultations with shipowners’ and seafarers’ organization as required by Article VII of the Convention.

Regulation 1.1 and Standard A1.1, paragraph 4. Minimum age. Hazardous work. Noting the Government’s indication that its national legislation does not contain a prohibition of employment of seafarers under 18 where the work is likely to jeopardize their health or safety and that the types of such work are yet to be determined, the Committee requested the Government implement Standard A1.1, paragraph 4. The Committee notes the Government’s indication that companies satisfy this regulation through Safety Management System Manuals procedures which set the minimum age for employment at 18 years old. It also notes the Government’s reference to sections 154 and 157 of the Maritime Navigation Safety Law. Noting, however, that sections 154 and 157 of the Maritime Navigation Safety Law do not comply with the requirement of the Convention, the Committee requests the Government to adopt without delay the necessary measures to give effect to Standard A1.1, paragraph 4.

Regulation 1.3, paragraph 2. Training and qualifications. Personal safety on board ship. The Committee requested the Government to indicate how it gives effect to this requirement of the Convention. The Committee notes the Government’s reference to the provisions of section 108 of the Maritime Navigation Safety Law. The Committee, however, has not identified provisions requiring completion of the training for personal safety on board ship for all seafarers as defined in section 108 of the Maritime Navigation Safety Law. The Committee therefore requests the Government once again to indicate how it gives effect to this requirement of the Convention.

Regulation 1.4, paragraph 1, and Standard A1.4, paragraphs 2 and 5. Recruitment and placement. Standardized system for licensing or certification. The Committee requested the Government to indicate how it gives effect to these requirements of the Convention. In this regard, the Committee notes the Government’s reference to section 163 of the Maritime Navigation Safety Law. The Committee notes however that the existing legislation does not seem to give to Standard A1.4, paragraph 5(a) (prohibition of blacklisting); Standard A1.4, paragraph 5(c)(ii) (ensuring that seafarers examine their employment agreements before and after they are signed, and receive a copy of the agreements); Standard A1.4, paragraph (c)(iv) (protection of seafarers in foreign ports); and Standard A1.4, paragraph (c)(vi) (system of protection). The Committee accordingly requests the Government to adopt the necessary measures to implement these requirements of the Convention.

Regulation 1.4 and Standard A1.4, paragraph 6. Recruitment and placement. Supervision of services. The Committee requested the Government to provide information on the operational functioning of the licensing system and the supervision of the seafarers’ recruitment and placement services operating in Montenegro in conformity with requirements of Standard A1.4. The Committee notes that the Government refers to section 163 of the Maritime Navigation Safety Law. The Committee notes that this section nor other further provisions contain the requirement of Standard A1.4, paragraph 6, regarding close supervision and control of the recruitment and placement services operating in the territory of Montenegro. The Committee accordingly requests the Government to indicate the measures taken in this respect.

Regulation 1.4 and Standard A1.4, paragraph 7. Recruitment and placement. Investigation of complaints. The Committee requested the Government to indicate the measures adopted to ensure application of this requirement of the Convention. The Committee notes that the Government refers to section 167 of the Maritime Navigation Safety Law, which, however, deals with on-board complaint procedures and does not address procedures for investigation of complaints concerning the activities of seafarer recruitment and placement services as per requirements of Standard A1.4, paragraph 7. The Committee therefore reiterates its previous request.

Regulation 1.4, paragraph 3, and Standard A1.4, paragraphs 9 and 10. Recruitment and placement. Services based in countries in which the Convention does not apply. The Committee requested the Government to indicate the measures adopted to ensure application of Regulation 1.4, paragraph 3, and Standard A1.4, paragraphs 9 and 10, relating to the shipowners using recruitment and placement services that operate in countries that have not ratified the Convention. Noting the Government’s indication that there are no corresponding legal provisions, the Committee requests the Government to adopt the necessary measures to give effect to these requirements of the Convention.

Regulation 2.1 and the Code. Seafarers’ employment agreement. Noting that section 153 of the Maritime Navigation Safety Law regulates employment agreements for work on ships engaged in international voyage, the Committee requested the Government to indicate the measures taken to ensure that seafarers engaged in domestic voyages are covered by Regulation 2.1 and the Code. The Committee notes the Government’s indication that there are no provisions related to domestic voyages in its national legislation. The Committee accordingly requests the Government to adopt the necessary measures to ensure that seafarers on board all ships covered by the Convention benefit from the protection provided by Regulation 2.1 and the Code.

Regulation 2.1 and Standard A2.1, paragraph 1(b). Seafarers’ employment agreement. Examination and advice before signing. Noting that section 153 of the Maritime Navigation Safety Law, which provides for the opportunity to examine the seafarers’ employment agreement (SEA) before its signature, does not foresee that seafarer shall also be given an opportunity to seek advice on the agreement before signing it, the Committee requested the Government to indicate how it gives effect to this requirement of the Convention. Noting that the Government refers to the same section of the aforementioned Law, which remains unchanged in this respect, the Committee requests the Government to indicate the measures taken to give full effect to Standard A2.1, paragraph 1(b).

Regulation 2.1 and Standard A2.1, paragraph 4. Seafarers’ employment agreement. Content. The Committee requested the Government to indicate the measures taken to prescribe the matters to be included in the SEA in conformity with Standard A2.1, paragraph 4(a)–(j). Noting the Government’s reference to section 153 of the Maritime Navigation Safety Law, which remains unchanged in this respect, the Committee requests the Government to take the necessary measures to bring its legislation into conformity with Standard A2.1, paragraph 4(a)–(j).

Regulation 2.1 and Standard A2.1, paragraph 6. Seafarers’ employment agreement. Shorter notice period for urgent reasons. The Committee requested the Government to indicate how it gave effect to this requirement of the Convention. The Committee notes the Government’s reference to section 153 of the Maritime Navigation Safety Law, as well as to section 6, paragraph 3 of the “Collective agreement for seafarers engaged on cargo vessels” foreseeing a number of circumstances in which a seafarer can terminate the employment contract. The Committee notes, however, that these texts do not foresee the possibility for a seafarer to terminate, without penalty, the employment agreement on shorter notice or without notice for compassionate or other urgent reasons in conformity with the provisions of Standard A2.1, paragraph 6. The Committee accordingly requests the Government to take the necessary measures to give effect to this requirement of the Convention (Standard A2.1, paragraph 6).

Regulations 2.1 and 2.2 and Standards A2.1, paragraph 7 and Standard A2.2, paragraph 7. Seafarers’ employment agreements and wages. Captivity as a result of acts of piracy or armed robbery against ships. In relation to the 2018 amendments to the Code, the Committee draws the Government’s attention to the following questions included in the revised report form for the Convention: (a) do laws or regulations provide that a seafarer’s employment agreement shall continue to have effect while the seafarer is held captive on or off the ship as a result of acts of piracy or armed robbery against ships?; (b) how are the terms piracy and armed robbery against ships defined under national legislation? (Standard A2.1, paragraph 7); and (c) do laws or regulations provide that wages and other entitlements under the seafarers’ employment agreement, relevant collective bargaining agreement or applicable national laws, including the remittance of any allotments, shall continue to be paid during the entire period of captivity and until the seafarer is released and duly repatriated or, where the seafarer dies while in captivity, until the date of death in accordance with national legislation? (Standard A2.2, paragraph 7). The Committee requests the Government to reply to the abovementioned questions, indicating in each case the applicable national provisions.

Regulation 2.2 and Standard A2.2, paragraph 5. Wages. Allotments. The Committee requested the Government to indicate the relevant laws or regulations adopted to fully implement Standard A2.2, paragraph 5. The Committee notes that the Government indicates that wages for seafarers are paid in euro and refers to section 165 of the Maritime Navigation Safety Law. The Committee notes however that this section does not appear to include the requirements of Standard A2.2, paragraph 5. The Committee accordingly requests the Government to adopt the necessary measures to comply with this requirement of the Convention.

Regulation 2.3 and Standard A2.3, paragraphs 2 and 5. Hours of work and hours of rest. Limits. The Committee previously noted that sections 154 and 155 of the Maritime Navigation Safety Law define, respectively, the maximum number of hours of work and the minimum number of hours of rest. Noting that this Standard should not be interpreted as to give shipowners or masters the choice of regimes, the Committee requested the Government to explain how it ensures that the maximum hours of work and minimum hours of rest under sections 154 and 155 of the Maritime Navigation Safety Law are fixed and not subject to selective application by shipowners or masters. The Committee notes the Government’s indication that companies in Montenegro define hours of work and hours of rest through the Collective Agreement for the seafarers engaged on companies’ vessels. It also notes the Government’s indication that according to section 10 of the Collective Agreement, “each seafarer shall have a minimum of 10 hours rest in any 24 hours period, that is 77 hours in any 7 day period”. The Committee takes note of this information, which addresses its previous request.

Regulation 2.3 and Standard A2.3, paragraph 4. Hours of work and hours of rest. Danger of fatigue. The Committee requested the Government to provide information on how, in determining the national standards related to hours of work and hours of rest, it had taken account of the danger posed by fatigue of seafarers, especially those whose duties involve navigational safety and the safe and secure operation of the ship. The Committee notes the Government’s reference to section 155 of Maritime Navigation Safety Law prescribing provisions regarding hours of work and aiming at avoiding seafarers’ fatigue. The Committee takes note of this information, which addresses its previous request.

Regulation 2.3 and Standard A2.3, paragraphs 8 and 9. Hours of work and hours of rest. On call work. The Committee requested the Government to provide information on the measures taken to implement Standard A2.3, paragraph 8, which ensures that a seafarer has regulated hours of rest in instances when a she/he is on call, such as when a machinery space is unattended, and that she/he has an adequate compensatory rest period if the normal period of rest is disturbed by call-outs to work. Noting that no such provisions are contained in section 155 of Maritime Navigation Safety Law to which the Government refers, the Committee reiterates its previous request.

Regulation 2.4, paragraph 2. Shore leave. The Committee requested the Government to indicate the laws or regulations adopted to give effect to this requirement in relation to all seafarers covered by the Convention. The Committee notes the Government’s reference to section 156 of Maritime Navigation Safety Law, which, however, does not address the issue of shore leave. The Committee accordingly requests the Government to adopt the necessary measures to give effect to Regulation 2.4, paragraph 2.

Regulation 2.4 and Standard A2.4, paragraph 3. Entitlement to leave. Prohibition of agreements to forgo annual leave. While noting that this issue was regulated through the Safety Management System, the Committee requested the Government to indicate the measures taken to give full effect to this requirement of the Convention. The Committee notes the Government’s reference to section 156 of the Maritime Navigation Safety Law, which, however, does not address the prohibition of any agreements to forgo the minimum annual leave with pay. The Committee therefore requests the Government to adopt the necessary measures to fully implement Standard A2.4, paragraph 3.

Regulation 2.5 and Standard A2.5.1, paragraph 2(b) and (c). Repatriation. Maximum period of service on board. Entitlements. The Committee requested the Government to indicate the measures taken to prescribe these requirements. The Committee notes that the Government refers to the same provisions that were previously examined with the first report. The Committee reiterates that the existing legislation does not reflect the detailed requirements of Standard A2.5.1, paragraph 2(b) and (c), including the maximum duration of service periods on board following which a seafarer is entitled to repatriation (such periods to be less than 12 months). The Committee accordingly requests the Government to adopt the necessary measures to implement these requirements of the Convention.

Regulation 2.5 and Standard A2.5.1, paragraph 3. Prohibition of advance payment and to recover costs from seafarers. In its previous comment, the Committee requested the Government to provide information on the procedure to be followed and the standard of proof to be applied before any seafarer can be found to be in “a serious breach of the employment agreement” pursuant to Standard A2.5.1, paragraph 3. Noting that the Government has not provided an answer to its previous request, the Committee reiterates its request.

Regulation 2.5 and Standard A2.5.2. Repatriation. Financial security. Abandonment. In relation to the 2014 amendments to the Code of the Convention, the Committee notes the Government’s reference to section 127 of the Maritime Navigation Safety Law, providing that ship operator shall obtain insurance coverage or other financial security to cover repatriation costs for crewmembers. The Committee further notes that the submitted example of Certificate of insurance in respect of seafarer repatriation costs and liabilities as per Regulation 2.5 and Standard A2.5.2 contains the information required by Appendix A2-I. The Committee also notes that section 153 of the Maritime Navigation Safety Law transposes the main requirements of the Regulation 2.5 and Standard A2.5.2. The Committee takes note of this information.

Regulation 2.8 and the Code. Career and skill development and employment opportunities for seafarers. The Committee requested the Government to provide information on any concrete measures taken in this regard. The Committee notes the Government’s indication that there are no corresponding legal provisions in this respect. The Committee requests the Government to provide information on any developments regarding the adoption of national policies that encourage career and skill development and employment opportunities for seafarers.

Regulation 3.1 and the Code. Accommodation and recreational facilities. The Committee requested the Government to indicate the measures taken to comply with the following requirements: prohibiting sleeping rooms to be situated below the load line of the vessel (Standard A3.1, paragraph 6(c)); requirement to provide separate sleeping rooms for men and for women (Standard A3.1, paragraph 9(b)); requirement of a separate berth for each seafarer (Standard A3.1, paragraph 9(d)); requirement of a table or desk and seating accommodation for the sleeping room (Standard A3.1, paragraph 9(o)); requirement for the mess rooms to be located apart from the sleeping rooms (Standard A3.1, paragraph 10(a)); requirement regarding separate sanitary facilities for men and women (Standard A3.1, paragraph 11(a)). The Committee notes that the Government refers once again to Rulebook on detailed conditions for work protection and accommodation of crew and other persons on the vessel (OGM, No. 82/2016 i 26/2017) which, however, does not seem to address the specific requirements of the Convention. Recalling that the competent authority of each Member shall require that ships that fly its flag meet the minimum standards for on-board accommodation and recreation facilities that are set out in Standard A3.1 paragraphs 6–17 (Standard A3.1, paragraph 5), the Committee requests the Government to adopt the necessary measures to give effect to the above-mentioned provisions of the Convention.

Regulation 3.1, paragraph 2. Accommodation and recreational facilities. Requirements for ships constructed prior to the entry into force of the MCL, 2006. Noting that Montenegro has ratified the Accommodation of Crews Convention (Revised), 1949 (No. 92), the Committee requested information as to how the relevant requirements of this Convention apply with respect to matters relating to construction and equipment for ships constructed prior to the entry into force of the MLC, 2006, for Montenegro. In this regard, the Committee notes the Government’s reference to the provisions of Rulebook on detailed conditions for work protection and accommodation of crew and other persons on the vessel OGM, No. 82/2016 i 26/2017). The Committee takes note of this information.

Regulation 3.1 and Standard A3.1, paragraph 2. Accommodation and recreational facilities. Implementation. The Committee requested the Government to indicate the measures taken to give effect to Regulation 3.1 and Standard A3.1, paragraph 2(a). Noting the Government’s general reference to Rulebook on detailed conditions for work protection and accommodation of crew and other persons on the vessel (OGM No. 82/2016 i 26/2017) the Committee reiterates its previous request.

Regulation 3.1 and Standard A3.1, paragraph 9. Accommodation and recreational facilities. Sleeping rooms. The Committee requested the Government to provide information on how it ensures that the total floor space area of the sleeping rooms comply with the requirements of the Convention and how it facilitates the calculation in practice. The Committee further noted the requirement of larger floor spaces for the sleeping rooms of the master and the cockpit officer in paragraph 34.6 of the Rulebook on detailed conditions for work protection and accommodation of crew and other persons on the vessel. The Committee requested the Government to indicate the measures taken to give full effect to this requirement of the Convention. Noting the Government’s general reference to Rulebook on detailed conditions for work protection and accommodation of crew and other persons on the vessel (OGM No. 82/2016 i 26/2017) without outlining the appropriate provisions, the Committee reiterates its previous request.

Regulation 3.1 and Standard A3.1, paragraph 18. Accommodation and recreational facilities. Frequent inspections. The Committee requested the Government to indicate the measures taken to give effect to Standard A3.1, paragraph 18. Noting the Government’s general reference to Rulebook on detailed conditions for work protection and accommodation of crew and other persons on the vessel (OGM No. 82/2016 i 26/2017) without outlining the appropriate provisions, the Committee requests the Government to adopt the necessary measures to comply with this requirement of the Convention.

Regulation 4.1 and Standard A4.1, paragraphs 1, 2 and 4. Medical care on board and ashore. The Committee requested the Government to provide information on the adoption by the Ministry of the measures giving effect to the health protection and medical care requirements under Standard A4.1, paragraph 1(a), (b), (d) and (e), (special provisions specific to work on board ship; prompt access to the necessary medicine; medical care provided free of charge; measures of a preventive character). The Committee also requested the Government to indicate the measures taken to adopt a standard medical report form as per Standard A4.1, paragraph 2, as well as regulations in relation to medicine chest, medical guide, obligation to carry a qualified medical doctor or one seafarer on board who is in charge of medical care (Standard A4.1, paragraph 4(a)–(c)). The Committee notes the Government’s reference to the provisions of Ordinance on detailed conditions regarding stocks of medicines and medical devices for providing medical assistance on ships entered into force on 25 October 2018, prescribing obligations as to medical equipment, stock of medicines to be available on board, its revision and instructions for use. The Committee also notes that the amended section 49 of the Maritime Navigation Safety Law and section 199, paragraph 50 foresee obligation to carry a qualified medical doctor as per requirements of Standard A4.1, paragraph 4 (b), as well as appropriate penalties for non-compliance. The Committee takes note of this information, which partially addresses its previous request. In absence of a Government’s response on the other questions previously raised, the Committee requests the Government to indicate how it ensures that medical care is provide free of charge to seafarer while he/she is on board ship (Standard A4.1, paragraph (d)). The Committee further requests the Government to indicate the measures taken to adopt a standard medical report form as per Standard A4.1, paragraph 2, as well as to adopt national laws and regulation requiring on board at least one seafarer in charge of medical care and administering medicine for ships which do not carry a medical doctor (Standard A4.1, paragraph 4(c)).

Regulation 4.1 and Standard A4.1, paragraph 4(d). Medical care on board and ashore. Minimum requirements. Medical advice by radio or satellite. The Committee requested the Government to inform whether the medical advice is provided free of charge to all ships in accordance with Standard A4.1, paragraph 4(d). The Government refers in this regard to the Rulebook on closer conditions regarding the supply of medicine and medical funds for providing medical assistance on ships (published in “Official Gazette of CG”, No. 67/2018 of 17 October 2018, which entered into force on 25 October 2018). The Committee however has not identified a relevant provisions in this regulation. The Committee accordingly reiterates its previous request.

Regulation 4.2 and the Code. Shipowners’ liability. In relation to the 2014 amendments to the Code of the Convention, the Committee notes provisions of the section 153b of the Maritime Navigation Safety Law which prescribes a certain number of requirements as to provision of the financial security system to assure compensation in the event of seafarer’s death, work-related disability, occupational and work-related diseases in conformity with Regulation 4.2 and the Code (such as payment of compensation at a first call; insurance coverage to be held on board and available to seafarers and made in English). The Committee also notes that the example of insurance supplied contains the information required in Appendix A4-I. The Committee, however, has not identified laws or regulations giving effect to Standard A4.2.1, paragraph 1(c) and (d); paragraphs 8(a), (b), (c) and (e), and paragraphs 9 and 10; and Standard A4.2.2, paragraph 3. The Committee accordingly requests the Government to indicate the measures taken to implement these requirements of the Convention. The Committee also requests the Government to provide a copy of a Model Receipt and Release Form for the treatment of contractual claims under Standard A4.2.2.

Regulation 4.3 and the Code. Health and safety protection and accident prevention. The Committee requested the Government to indicate the measures taken to give effect to these requirements of the Convention. The Committee notes the Government’s reference to section 158 of the Maritime Navigation Safety Law as well as to Rulebook on closer conditions regarding the supply of medicine and medical funds for providing medical assistance on ships (“Official Gazette of CG”, No. 67/2018). Noting, however, that section 158 addresses only few requirements of the Regulation 4.3 (as outlined in the Committee’s previous comments) and the Rulebook deals with a different matter – medical care on board (Regulation 4.1), the Committee accordingly requests once again the Government to indicate the measures taken to give effect to the requirements of the Regulation 4.3 and the Code.

Regulation 4.4 and the Code. Access to shore-based welfare facilities. The Committee previously requested the Government to indicate any measures taken to give effect to the provisions of Regulation 4.4 and the Code. It notes the Government’s indication that there are no corresponding legal provisions. The Committee recalls that each Member shall ensure that shore-based welfare facilities, where they exist, are easily accessible (Regulation 4.4, paragraph 1) and shall promote the development of welfare facilities in appropriate ports of the country (Standard A4.4, paragraph 2). The Committee requests the Government to indicate the measures taken to give effect to Regulation 4.4 and the Code.

Regulation 4.5 and the Code. Social security. In its previous comment, the Committee requested the Government to (1) provide a copy of relevant bilateral agreements regarding social security of seafarers; (2) explain how it is ensured that all seafarers ordinarily resident in Montenegro and their dependents are granted social security coverage in the branches specified, which is no less favourable than that enjoyed by shoreworkers resident in Montenegro, providing detailed information on the benefits afforded and the relevant national provisions; and (3) provide information on fair and effective procedures for the settlement of disputes relating to social security for seafarers to be established according to Standard A4.5, paragraph 9. Noting that the Government does not provide the requested information, the Committee reiterates its request.

Regulation 5.1.3 and the Code. Maritime Labour Certificate and Declaration of Maritime Labour Compliance. In the absence of the available information as to the implementation of the requirements of the Standard A5.1.3, paragraphs 1–8, the Committee previously requested the Government to indicate how it ensures compliance with these provisions of the Convention. The Committee further requested the Government to indicate the circumstances in which a Maritime Labour Certificate ceases to be valid (Standard A5.1.3, paragraphs 14 and 15; Guideline B5.1.3, paragraph 6) and must be withdrawn (Standard A5.1.3, paragraphs 16 and 17). The Committee notes the Government’s reference to the section 70 of the Maritime Navigation Safety Law, which however does not contain the requested information. The Committee therefore requests once again the Government to indicate how it ensures compliance with the provisions of Standard A5.1.3, paragraphs 1–8, paragraphs 14 and 15; and paragraphs 16 and 17.

Regulation 5.1.3 and Standard A5.1.3, paragraph 10. Flag State responsibilities. Declaration of Maritime Labour Compliance. Content. The Committee noted that: (i) the Declaration of Maritime Labour Compliance (DMLC), Part I, submitted by the Government, only contained reference to the sections of the applicable legislation, without providing further details on the content of the relevant provisions; and (ii) the example of a DMLC, Part II, contained references to the relevant legislation and documents available on-board, without providing further details as to their content and thus did not identify the concrete measures adopted by the shipowner to ensure ongoing compliance with the national requirements between inspections on board of a given vessel. The Committee accordingly requested the Government to amend these documents to fully comply with the Convention. The Committee notes the Government’s reference to section 51 of the Maritime Navigation Safety Law determining the seaworthiness of a ship, which however does not reply to its previous request. The Committee further notes that two examples of the DMLC, Part I provided by the Government do not contain concise information on the main content of the national requirements as required by Standard A5.1.3, paragraph 10(a). The Committee therefore reiterates its previous request.

Regulation 5.1.4 and the Code. Flag State responsibilities. Inspection and enforcement. The Committee previously requested the Government to indicate the measures taken to implement the requirements of Regulation 5.1.4 and the Code. The Committee notes the Government’s reference to relevant provisions of the Maritime Navigation Safety Law, which refer to maritime safety inspectors and labour inspectors. The Committee requests the Government to clarify which inspectors conduct flag state inspections and to indicate the guidance they receive including their powers, status and independence necessary to enable them to carry out the verifications (Standard A5.1.4, paragraphs 3, 7, 9–11). Further noting that the Government has not provided information on how it implements other requirements of the Regulation 5.1.4 and the Code (flag state inspections at regular intervals; submission of the report of each inspection to the competent authority and a copy posted on board; compensation in case of the wrongful exercise of the inspectors’ powers), the Committee requests once again the Government to indicate the measures taken to implement these requirements of the Convention.

Regulation 5.1.5 and the Code. Flag State responsibilities. On-board complaints procedures. The Committee requested the Government to indicate the measures taken to implement requirements of Regulation 5.1.5 and the Code. The Committee notes the details information provided by the Government regarding on-board complaint procedures. The Committee has however not identified provisions under which victimization of seafarers for filing a complaint is prohibited and penalized (Regulation 5.1.5, paragraph 2). The Committee accordingly requests the Government to indicate the measures taken to implement this requirement of the Convention.

Regulation 5.2.2 and the Code. Port State responsibilities. Onshore seafarer complaint-handling procedures. In the absence of the available information regarding the functioning of the onshore complaint-handling procedure in Montenegro, the Committee requested the Government to inform how it implements in practice the provisions of Regulation 5.2.2 and Standard A5.2.2. The Committee notes the Government’s indication that there are no correspondent provisions in its national legislation. The Committee accordingly requests once again the Government to indicate the established onshore complaint procedures, including steps taken to safeguard confidentiality for seafarers calling at its ports who bring a complaint alleging a breach of the requirements of the Convention (Regulation 5.2.2 and the Code).

Additional documentation requested. The Committee notes that the Government had omitted to provide some of the documents previously requested. The Committee would be grateful if the Government would provide the following documents and information : (1) Law on Inspection; (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, during the period covered by its next report; (3) a standard document issued to or signed by inspectors setting out their functions and powers (Standard A5.1.4, paragraph 7, Guideline B5.1.4, paragraphs 7 and 8), together with a summary in English, French or Spanish if the document is not in one of those languages; (4) a copy of any national guidelines issued to inspectors in implementation of Standard A5.1.4, paragraph 7, with an indication of the content in English, French or Spanish if the guidelines are not in one of those languages; (5) example of amended DMLC, Part I, containing concise information on the main content of the national requirements (Standard A5.1.3, paragraph 10(a)); and (6) an example of amended DMLC, Part II reflecting the details on the measures adopted by a shipowner to ensure ongoing compliance with the national requirements as per Standard A5.1.3, paragraph 10(b).

[The Government is asked to reply in full to the present comments in 2024.]