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Accommodation of Crews (Fishermen) Convention, 1966 (No. 126) - Russian Federation (RATIFICATION: 1969)

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The Committee has been drawing the attention of the Government to the need to adopt legislation to give effect to a number of provisions of the Convention, as follows.
Article 3(2)(d) of the Convention. Penalties for the violation of legislation. The Committee notes the Government’s indication in its report that implementation of this provision of the Convention is provided through sections 50–57 of Federal Act No. 52-FZ of 30 March 1999 on the Sanitary and Epidemiological Welfare of the Population, with amendments and additions, and the Code of Administrative Offences, No. 195-FZ of 30 December 2001 with amendments and additions that came into force on 15 January 2016, these laws being applicable to any means of transport. The Committee recalls that Article 3(2)(d) requires that national laws or regulations enacted to ensure the application of the provisions of Parts II, III and IV of the Convention should prescribe adequate penalties for any violation thereof. While noting that Federal Act No. 52-FZ and the Code of Administrative Offences provide penalties in general terms in case of infringement, the Committee requests the Government to indicate the provisions of the aforementioned laws which prescribe, in particular, penalties for the violation of the laws and regulations giving application to the specific requirements on crew accommodation of fishing vessels provided in Parts II, III and IV of the Convention.
Article 5. Periodical inspection of crew accommodation of fishing vessels. The Committee notes the Government’s reference to an extensive number of provisions which, however, do not give full effect to this provision of the Convention. The Committee recalls that Article 5 requires inspections on crew accommodation to be carried out on board fishing vessels not only on the three occasions listed in Article 5(1), but also at the discretion of the competent authority. The Committee therefore requests the Government to indicate the measures taken or envisaged to ensure full compliance with Article 5(1)(c) (inspection as a consequence of a complaint filed by a recognized fishers’ organization to the competent authority) and Article 5(2) (inspection at the discretion of the competent authority) of the Convention.
Article 6(2). Emergency escapes from crew accommodation. The Committee notes the Government’s reference to subparagraphs 62 and 140 of section II, “Safety requirements for marine transport” of the Technical Regulations, defining requirements to be complied with for the quick and safe exit on the deck, in case of fire, of the crew and passengers as well as the requirements for the exit routes from the engine room. However, the Committee has not identified provisions requiring the emergency escapes to be provided from all crew accommodation spaces on the fishing vessels as per Article 6(2). Consequently, the Committee requests the Government to indicate the relevant provisions which give effect to Article 6(2) of the Convention.
Article 6(3). Watertight and gas-tight bulkheads. The Committee notes the Government’s reference to subparagraphs 131(e) and 131(z) of section II, “Safety requirements for marine transport” of the Technical Regulations, prescribing, respectively, technical requirements for the transverse bulkheads and living quarters to be separated from machinery spaces by gas-tight bulkheads, and from the holds – by water and gas-tight bulkheads, as well as to have a direct access from the deck to the living quarters. The Committee recalls the provisions of Article 6(3) of the Convention, according to which every effort shall be made to exclude direct openings into sleeping rooms from fish holds and fishmeal rooms, from spaces for machinery, from galleys, lamp and paint rooms or from engine, deck and other bulk storerooms, drying rooms, communal wash places or water closets. That part of the bulkhead separating such places from sleeping rooms and external bulkheads shall be efficiently constructed of steel or other approved substance and shall be watertight and gas-tight. Accordingly, the Committee requests the Government to clarify whether the provisions in subparagraphs 131(e) and 131(z) of section II, “Safety requirements for marine transport” of the Technical Regulations exclude direct openings into sleeping rooms from fish holds and fishmeal rooms, galleys, lamp and paint rooms or from engine, deck and other bulk storerooms, drying rooms, communal wash places or water closets, in conformity with Article 6(3).
Article 6(7), (9)–(11), (13) and (14). Steam and exhaust pipes in crew accommodation, fire prevention/retarding measures, surfaces in sleeping rooms painted in a light colour. The Committee notes the Government’s indication that implementation of these provisions is ensured, respectively, by subparagraph 69 of section II, “Safety requirements for marine transport” of the Technical Regulations and by section 4 of the Sanitary Regulations No. 4393-87. The Committee notes however that subparagraph 69 of the Technical Regulations does not fully implement Article 6(7) (steam and exhaust pipes should not pass through crew accommodation and if not avoidable they shall be adequately insulated and encased) and the Sanitary Regulations No. 4393-87 does not include specific reference to Article 6(9)–(11), (13) and (14) (fire prevention/retarding measures; surfaces in sleeping rooms, if painted, to be light in colour; wall surfaces shall be renewed or restored as necessary). The Committee therefore requests the Government to indicate the measures taken or envisaged to fully implement Article 6(7), (9)–(11), (13) and (14) of the Convention.
Article 8(2) and (3). Heating in operation at all times when practicable, prohibition of open fires. With regard to the implementation of the provisions of Articles 7 and 8, the Committee notes the Government’s reference to a set of laws and regulations on heating and ventilation. Noting that these regulations do not contain a reference to the requirement of keeping the heating system in operation at all times when conditions so require, nor an express prohibition of heating by means of open fires, the Committee requests the Government to indicate the specific provisions implementing these requirements of the Convention.
Article 9(5). Permanent blue light in sleeping rooms. The Committee notes the Government’s indication that the requirements of Article 9 are reflected in subparagraph 134 and others of the Technical Regulations and by section 3.6 of the Sanitary Regulations No. 4393-87; and also the norms for artificial lighting on vessels of the marine fleet, No. 2506-81, approved by the Ministry of Health of the USSR. Noting that the Sanitary Regulations contain very detailed provisions (sections 5.6 and 5.7) dedicated to the natural and artificial lighting of the rooms and spaces on board, including crews’ cabins and other living spaces, the Committee however has not identified provisions prescribing a permanent blue light in the sleeping room during the night. Consequently, the Committee requests the Government to indicate the measures taken or envisaged to implement this requirement of the Convention.
Article 10(1), and (13), (15)–(18) and (26). Sleeping rooms amidships or aft, separate room for each department, construction of berths. The Committee notes the Government’s indication that compliance with Article 10 of the Convention is ensured by implementation of the Sanitary Regulations for Sea Vessels of the Fishing Fleet of the USSR, No. 4393-87 (section III, “Requirements for construction and refitting”), which however does not fully transpose this Article of the Convention. The Committee recalls that sleeping rooms shall be situated amidships or aft (Article 10(1)), the lower berth in a double tier shall not be less than 12 inches (0.30 metre) above the floor (Article 10(13)), the framework and the lee-board shall be of approved material, hard, smooth and not likely to corrode or to harbour vermin (Article 10(15)), if tubular frames are used for the construction of berths they shall be completely sealed and without perforations (Article 10(16)), each berth shall be fitted with a spring mattress of approved material or with a spring bottom and a mattress of approved material (Article 10(17)), when one berth is placed over another a dust-proof bottom of wood, canvas or other suitable material shall be fitted beneath the upper berth (Article 10(18)), as far as practicable, berthing of crew members shall be so arranged that watches are separated and that no day-men share a room with watchkeepers (Article 10(26)). Noting that the Committee has not identified the aforementioned requirements in the Sanitary Regulations (section III, “Requirements for construction and refitting”), it requests the Government to indicate the measures taken or envisaged to fully implement these provisions of the Convention.
Article 10(9). Indication of the maximum number of persons to be accommodated in any sleeping room. The Committee further notes paragraph 2.1.3 of the Sanitary Regulations, specifying that “the doors of all rooms should be equipped with inscriptions defining the purpose of the room”. However, there seems to be no provision required to mark, legibly and indelibly, in some place of the sleeping room where it can conveniently be seen, the maximum number of persons to be accommodated (Article 10(9)). Consequently, the Committee requests the Government to indicate relevant provisions implementing the requirement of the Article 10(9).
Article 10(13). Dimension of the beds. The Committee notes paragraph 2.2.5 of the Sanitary Regulations, according to which “the dimensions of the beds, tables, chairs, clothes lockers, sofas and other ship furniture must comply with the requirements of applicable standards”. The Committee accordingly requests the Government to provide information on the applicable standards for the dimensions of the beds on the fishing vessels and to provide a copy of such standards.
Article 10(20), (21), (23) and (25). Sleeping rooms’ furniture. The Committee also notes paragraph 2.2.5 of the Sanitary Regulations, according to which “in cabins it is necessary to provide furniture and equipment according to the equipment sheet. The dimensions of the beds, tables, chairs, clothes lockers, sofas and other ship furniture must comply with the requirements of the applicable standards”. The Committee further notes paragraph 2.2.13 prescribing the minimum list of equipment facilities for duty rooms and shelters, notably foreseeing wardrobes or clothes hangers for each crew member in duty rooms. However, the Committee has not identified the requirement of minimum furniture equipment for sleeping rooms. Consequently, the Committee requests the Government to clarify if the equipment sheets, as per paragraph 2.2.5 of the Sanitary Regulations, require the clothes lockers for each occupant of the crew cabin (Article 10(20)); a table or desk with comfortable seating accommodation for each sleeping room (Article 10(21)); a drawer or equivalent space for each occupant (Article 10(23)); a mirror, small cabinets for toilet requisites, a book rack and a sufficient number of coat hooks for each sleeping room (Article 10(25)). The Committee further requests the Government to provide a copy of such document as well as to inform about the authority in charge of decision for the items to be included in the equipment sheets for the fishing vessels.
Article 12(7), (11) and 13(1). Sanitary facilities, soil and waste pipes, facilities for drying clothes, and sickbay. The Committee notes the Government’s indication that compliance with the requirements of this Article is ensured by implementation of the Sanitary Regulations No. 4393-87 (subparagraph 2.4.2). Noting that subparagraph 3.3 of the Sanitary Regulations foresees a number of requirements for the soil pipes evacuation system, the Committee has not identified, however, provisions prohibiting the soil pipes and waste pipes to pass through fresh water or drinking water tanks, neither to pass overhead in mess rooms or sleeping accommodation (Article 12(7)). Furthermore, the Committee has not identified provisions implementing the requirements of Articles 12(11) and 13(1). The Committee therefore requests the Government to indicate the relevant provisions of the applicable regulations implementing the aforementioned requirements of Article 12(7), (11) and 13(1).
Article 16(6). Gas used for cooking. The Committee notes the Government’s indication that compliance with the requirements of this Article is ensured by implementation of the Sanitary Regulations No. 4393-87 (section 2.6 and others), which however do not prescribe, where butane or propane gas is used for cooking purposes in the galley, that the gas containers shall be kept on the open deck. Therefore, the Committee requests the Government to indicate the measures taken or envisaged to fully implement Article 16(6) of the Convention.
Article 17(2)–(4). Alterations to existing vessels. The Committee notes the Government’s indication that implementation is made by compliance with the requirements of subparagraph 2 of section 12 and sections 24 and 25 (in relation to means of transport) of Federal Act No. 52-FZ; subparagraphs of section 1, “General provisions”, of the Health Regulations No. 4393-87 and the Technical Regulations; and, to a limited extent, subparagraph 4 of section 79 and subparagraph 3 of section 80 of the Merchant Shipping Code of the Russian Federation, No. 81-FZ of 30 April 1999, in the wording of 13 July 2015 with the amendments and additions that came into force on 24 July 2015. The Committee recalls that Article 17(2)–(4) of the Convention provides the possibility for the competent authority, in consultation with the fishing vessels’ owners and the fishers’ organizations, to request alterations to existing vessels in order to bring them into conformity with the requirements of the Convention. Noting that the Committee has not identified provisions enabling the competent authority, after consultation with the fishing-vessel owners and the fishers’ organizations, to require such alterations for the purpose of bringing into conformity existing vessels which do not meet the standards set by Part III of the Convention, the Committee requests the Government to indicate the measures taken or envisaged to fully implement this Article of the Convention.

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The Committee notes the Government’s reports on the application of the Conventions related to fishing. In order to provide an overview of the issues relating to the application of these Conventions, the Committee considers it helpful to examine them in a single comment as follows.

Medical Examination (Fishermen) Convention, 1959 (No. 113)

Article 5 of the Convention. Additional medical examination by a medical referee. In its previous comments, noting the Government’s repeated indications that implementing legislation was in the process of being adopted, the Committee requested the Government to indicate the measures taken to ensure that a person who, after a medical examination, has been refused a certificate may apply for a further examination by an independent medical referee, as required by Article 5 of the Convention. The Committee notes the Government’s statement that a draft Order of the Ministry of Health on approval of the procedure for conducting examinations of occupational fitness and forms of medical assessment of fitness to perform specific types of work, is currently undergoing a public consultation process. Moreover, the Committee notes the Government’s indication that, with respect to fishing, which is regulated by the Merchant Shipping Code, the procedure for carrying out medical examinations and the form of medical assessment of the absence of medical contraindications to work on a vessel are established by the federal executive body responsible for the development of the state policy and legal regulation in the sphere of healthcare in agreement with the federal executive body responsible for transport. The Committee notes however that, according to the Government, this procedure has not been established. The Committee recalls that the issue of not having implementing legislation which regulates the procedure for filing an appeal where the fisher has been refused a medical certificate has been pending for many years. The Committee therefore requests the Government to adopt the necessary measures to implement Article 5 of the Convention without delay.

Accommodation of Crews (Fishermen) Convention, 1966 (No. 126)

Article 3(1) of the Convention. Laws and regulations on crew accommodation. In its previous comments, the Committee noted the lack of substantive progress in the adoption of legislation giving full effect to the provisions of the Convention and expressed the hope that the relevant legislation would be adopted in the near future. It also noted that, in previous reports, the Government had reiterated that it was in the process of preparing draft legislation which would replace the 1977 Regulations on sanitary rules for Soviet vessels and boats, in order to ensure conformity with the provisions of the Work in Fishing Convention, 2007 (No. 188). In this regard, the Committee notes the Government’s indication that the Rules of the Russian Maritime Register of Shipping regulate merchant shipping vessels but contain no special requirements for accommodation on fishing vessels. The Government further indicates that amendments to the Merchant Shipping Code and a number of legislative acts are currently under discussion in the State Duma in order to define the concept of fishing vessel and improve the safety of shipping and navigation. While noting this information, the Committee notes with regret that no substantive progress has been made regarding amending the legislation to bring it into conformity with the Convention. Recalling that the Committee has been drawing the Government’s attention for a number of years to the need to adopt laws and regulations giving effect to a series of provisions of the Convention, the Committee requests the Government once again to adopt the necessary measures without delay.
The Committee is raising other matters regarding Convention No. 126 in a request addressed directly to the Government.

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Article 3 of the Convention. Laws and regulations implementing the provisions of Parts II, III and IV of the Convention. The Committee notes that no substantive progress has been made with respect to the specific points on which the Committee has been commenting since 2005. In its latest report, the Government reiterates that draft legislation is being prepared to replace the 1977 Regulations issuing sanitary rules for Soviet vessels and boats and that the new legislation will be in line with the provisions of the Work in Fishing Convention, 2007 (No. 188).
The Committee recalls that it has been drawing the Government’s attention to two sets of provisions. Firstly, there are provisions that are currently not given effect by national laws and regulations, such as: the provisions with respect to penalties for non-compliance (Article 3(2)(d)); periodical inspection (Article 5); watertight and gastight bulkheads (Article 6(3)); prohibition of open fires (Article 8(3)); sleeping room capacity (Article 10(9)); sanitary facilities (Article 12(2)(c)); facilities for drying clothes (Article 12(7), (11)); sickbay (Article 13(1)); and alterations to existing vessels (Article 17(2)–(4)). Secondly, there are provisions on which the Committee has requested, but never received information, and therefore, their application in practice remains unclear, for instance: the provisions relating to emergency escapes from crew accommodation, adequate insulation of sleeping rooms and mess rooms, fire prevention/retarding measures, steam and exhaust pipes not through crew accommodation, wall surfaces in sleeping rooms painted in a light colour and kept easily clean (Article 6(2), (4), (7), (9)–(11), (13), (14)); heating in operation at all times when practicable (Article 8(2)); permanent blue light in sleeping rooms (Article 9(5)); sleeping rooms amidships or aft, separate room for each department, construction and size of berths, furniture of sleeping rooms (Article 10(1), (5), (13)–(26)); furniture and equipment of mess rooms (Article 11(7), (8)); and gas used for cooking (Article 16(6)).
The Committee hopes that the Government will make every possible effort to finalize in the very near future the draft “Requirements for the safety of floating craft and water transport vessels to ensure hygiene and disease control”, taking into account all the comments that the Committee has been formulating for a number of years.

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Article 3 of the Convention. Laws and regulations which ensure the application of the provisions of Parts II, III and IV of the Convention. The Committee notes with regret that the information provided in the Government’s report reproduces essentially the same information provided in the previous report concerning the matters that it has been raising since 2005. However, it notes the indication that a draft text is being prepared to update the provisions of Regulation No. 1814–77 of 22 December 1977 issuing sanitary rules for Soviet vessels and boats, which will be in conformity with the provisions of the Work in Fishing Convention, 2007 (No. 188). In this respect, the Committee recalls that Annex III of Convention No. 188 essentially reproduces the provisions of Convention No. 126. It therefore hopes that, when preparing the draft text referred to above, the Government will take into consideration the comments that it has been making for several years concerning the application of the following provisions of the Convention: penalties for violations of the relevant legislation (Article 3(2)(d) and (e)); periodical inspection of fishing vessels (Article 5); bulkheads being watertight and gastight (Article 6(3)); prohibition of heating on board by open fires (Article 8(3)); indication of maximum sleeping room capacity (Article 10(9)); one wash basin for every six persons or less (Article 12(2)(c)); quality of soil and waste pipes and facilities for drying clothes (Article 12(7) and (11)); sick bay required for vessels of 45.7 meters in length or over (Article 13(1)); and alterations to existing vessels to ensure conformity with the Convention (Article 17(2) to (4)). The Committee requests the Government to keep the Office informed of any developments in the process of the adoption of the draft text and to provide a copy when it has been finalized. In this context, the Committee also invites the Government to consider favourably the ratification of Convention No. 188, which updates in an integrated manner most of the existing ILO instruments on fishing, and to keep the Office informed of any decision in this respect.

Furthermore, as it has not received any further indications on these points, the Committee once again requests the Government to provide precise information on the application in practice of the following provisions of the Convention: Article 6(2), (4), (7) and (9) to (11), (13) and (14); Article 8(2); Article 9(5); Article 10(1), (5) and (13) to (26); Article 11(7) and (8); and Article 16(6).

Finally, in view of the significance of the fishing fleet in the country and the economic difficulties experienced by the sector, the Committee requests the Government to provide detailed information on the application of the Convention in practice, including up-to-date statistics on the size of the fishing fleet disaggregated by vessel category and age, the number of jobs created, the number of enterprises active in the sector, the importance of fisheries in the national economy and current trends in the sector, as well as copies of official reports or studies of the State Committee for Fishing or other competent bodies.

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The Committee notes the Government’s report which is practically a repetition of general information already submitted in previous reports in 2003 and 2000. The Committee recalls its detailed comment addressed in 2005 and again in 2006 in which it requested the Government to clarify the state of law and practice and supply full particulars on the application of numerous provisions of the Convention. In the absence of any specific replies, the Committee is bound to ask once more the Government to supply concrete information, including copies of relevant laws, regulations or administrative instructions, on relevant measures taken or envisaged in relation to the following points: penalties for violations of the relevant legislation (Article 3(2)(d),(e) of the Convention); periodical and complaint-based inspection of fishing vessels (Article 5); bulkheads being watertight and gastight (Article 6(3)); prohibition of heating on board by open fires (Article 8(3)); indication of maximum sleeping room capacity (Article 10(9)); one wash basin for every six persons or less (Article 12(2)(c)); quality of soil and waste pipes and facilities for drying clothes (Article 12(7),(11)); sickbay required for vessels of 45.7 metres in length or over (Article 13(1)); alterations to existing vessels to ensure conformity with the Convention (Article 17(2)–(4)).

In addition, the Government is again requested to explain how the application of the following provisions is ensured: Article 6(2), (4), (7), (9)–(11), (13), (14); Article 8(2); Article 9(5); Article 10(1), (5), (13)–(26); Article 11(7), (8); and Article 16(6).

Furthermore, the Committee notes that the Government makes renewed reference to Order No. 30 of 2001 of the State Committee for Fishing regarding regulations on the registration of fishing vessels and their entitlements at maritime fishing ports, as providing for the monitoring of the application of the Convention through systematic inspections. The Committee notes, however, that the abovementioned Order, as amended by Order No. 176 of 2003 of the State Committee for Fishing, does not appear to contain any specific provisions concerning inspection of fishing vessels. It accordingly requests the Government to provide additional explanations in this regard.

Part V of the report form. The Committee notes that according to statistical information published by the UN Food and Agriculture Organization (FAO), in 2002, the offshore fleet comprised 2,500 fishing vessels, 17 per cent of which were large vessels over 64 metres in length, 51 per cent were medium-sized vessels or 34–65 metres in length, and 32 per cent were small vessels, or 24–34 metres in length. According to the same information, the fishing fleet in the last decade contracted by almost 40 per cent, especially larger vessels, while two-thirds of the fleet is very old. Finally, the fishing industry is believed to provide employment to more than 150,000 people, representing 1 per cent of total industrial employment. The Committee would appreciate if the Government would provide up to date information on the practical application of the Convention, including, for instance, statistics on the size of the fishing fleet broken down by vessel category and age, estimated employment, the number of enterprises active in the sector, the importance of fisheries in the national economy and current trends in fisheries, copies of official reports or studies of the State Committee for Fishing or other competent bodies, etc.

Finally, the Committee seizes this opportunity to draw the Government’s attention to the new Work in Fishing Convention, 2007 (No. 188), which revises and brings up to date in an integrated manner most of the existing ILO fishing instruments. The new Convention provides a modern and flexible regulatory framework covering large fishing operations but also addressing the concerns of small-scale fishers. In particular, Annex III of the Work in Fishing Convention essentially reproduces the provisions of Convention No. 126 adding a new length–tonnage conversion rate (24 metres equivalent to 300 gross tonnage) and also the possibility to introduce, under certain conditions, limited “alternative requirements” as regards headroom, floor area per person, berth size and sanitary facilities. The Committee invites the Government to give due consideration to the new comprehensive standard on fishers’ working and living conditions and to keep the Office informed of any decision it may take as regards its ratification.

[The Government is asked to reply in detail to the present comments in 2009.]

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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 direct request, which read as follows:

Article 3, paragraphs 2(d) and 2(e), of the Convention. The Committee notes that the Government does not indicate specific provisions of laws or regulations regarding penalties for any violation of the relevant laws and regulations, nor does it specify whether the implementing legislation requires periodic consultations with the fishing vessel owners’ and fishermen’s organizations, in respect of the framing of regulations and their practical application. It therefore asks the Government to provide additional information in this regard.

Article 5. The Committee notes the Government’s reference to the rules for the registration of vessels of a fishing fleet and entitlements in their regard at maritime fishing ports, adopted on 31 January 2001 by Order No. 30 of the State Committee for Fishing. It would appreciate receiving a copy of these rules, as well as all available information, including statistics, as to how inspections of fishing vessels are conducted in practice.

Article 6, paragraph 3.The Committee requests the Government to indicate how it is ensured in the fishing vessels of all four categories that the bulkhead separating fish holds and fish meals rooms, spaces for machinery, galleys, lamp and paint rooms, engine, deck and other bulk store rooms, drying rooms, communal wash places and water closets from sleeping rooms, is efficiently constructed so that it be watertight and gas tight.

Article 8, paragraph 3. The Committee notes that the Sanitary Rules for sea-going vessels of the fishing fleet of the Russian Federation, issued on 22 December 1977, under No. 1814-77 (hereinafter referred to as the “Sanitary Rules”), do not explicitly prohibit heating by means of open fires. It asks the Government to provide explanations on this point.

Article 10, paragraph 9. The Committee notes that, under section 2.1.3. of the Sanitary Rules, the doors of all accommodations must have an inscription indicating the function of the accommodation. It asks the Government to indicate how it is ensured, in the case of sleeping rooms, that such inscriptions also specify the maximum number of persons to be accommodated in each room.

Article 12, paragraph 2(c). While noting that the Sanitary Rules stipulate that one washbasin must be provided for every eight persons, as compared to six persons or less required under this Article of the Convention, the Committee asks the Government to indicate the measures taken or envisaged to bring the national legislation into conformity with the Convention.

Article 12, paragraphs 7 and 11. The Committee notes that there seem to exist no specific provisions requiring that: (i) soil pipes and waste pipes do not pass through fresh water, drinking water tanks, or overhead in mess rooms and sleeping accommodations; and (ii) facilities for drying clothes be in a compartment separate from sleeping rooms, mess rooms and water closets. It asks the Government to indicate the provisions giving effect to these requirements of the Convention.

Article 13, paragraph 1. The Committee notes that the Sanitary Rules require a sickbay to be provided on vessels of category I (i.e. vessels of 65 metres in length or over) and not to vessels of 45.7 metres and above, as prescribed by the Convention. The Government is asked to indicate the measures taken or envisaged to bring the national legislation into conformity with the Convention.

Article 17, paragraphs 2, 3 and 4.The Committee asks the Government to provide more detailed information on the application of the Convention to fishing vessels which were already in operation at the time the Convention came into force, and which had to undergo structural alterations for the purpose of attaining conformity with the standards set out in the Convention.

Moreover, the Committee asks the Government to supply full particulars on the application of Article 6, paragraphs 2, 4, 7, 9 to 11, 13 and 14; Article 8, paragraph 2; Article 9, paragraph 5; Article 10, paragraphs 1, 5, and 13 to 26; Article 11, paragraphs 7 and 8; and Article 16, paragraph 6, on which no information has been provided so far.

Part V of the report form. The Committee would be grateful if the Government would supply general information on the practical application of the Convention, such as statistics on the fishing industry (number of vessels and workforce), extracts from inspection reports, copies of official documents such as inspection guidelines or manuals, etc.

 

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The Committee notes the information provided in the Government’s last report. It asks the Government to provide further information on the following points.

Article 3, paragraphs 2(d) and 2(e), of the Convention. The Committee notes that the Government does not indicate specific provisions of laws or regulations regarding penalties for any violation of the relevant laws and regulations, nor does it specify whether the implementing legislation requires periodic consultations with the fishing vessel owners’ and fishermen’s organizations, in respect of the framing of regulations and their practical application. It therefore asks the Government to provide additional information in this regard.

Article 5. The Committee notes the Government’s reference to the rules for the registration of vessels of a fishing fleet and entitlements in their regard at maritime fishing ports, adopted on 31 January 2001 by Order No. 30 of the State Committee for Fishing. It would appreciate receiving a copy of these rules, as well as all available information, including statistics, as to how inspections of fishing vessels are conducted in practice.

Article 6, paragraph 3. The Committee requests the Government to indicate how it is ensured in the fishing vessels of all four categories that the bulkhead separating fish holds and fish meals rooms, spaces for machinery, galleys, lamp and paint rooms, engine, deck and other bulk store rooms, drying rooms, communal wash places and water closets from sleeping rooms, is efficiently constructed so that it be watertight and gas tight.

Article 8, paragraph 3. The Committee notes that the Sanitary Rules for sea-going vessels of the fishing fleet of the Russian Federation, issued on 22 December 1977, under No. 1814-77 (hereinafter referred to as the "Sanitary Rules"), do not explicitly prohibit heating by means of open fires. It asks the Government to provide explanations on this point.

Article 10, paragraph 9. The Committee notes that, under section 2.1.3. of the Sanitary Rules, the doors of all accommodations must have an inscription indicating the function of the accommodation. It asks the Government to indicate how it is ensured, in the case of sleeping rooms, that such inscriptions also specify the maximum number of persons to be accommodated in each room.

Article 12, paragraph 2(c). While noting that the Sanitary Rules stipulate that one washbasin must be provided for every eight persons, as compared to six persons or less required under this Article of the Convention, the Committee asks the Government to indicate the measures taken or envisaged to bring the national legislation into conformity with the Convention.

Article 12, paragraphs 7 and 11. The Committee notes that there seem to exist no specific provisions requiring that: (i) soil pipes and waste pipes do not pass through fresh water, drinking water tanks, or overhead in mess rooms and sleeping accommodations; and (ii) facilities for drying clothes be in a compartment separate from sleeping rooms, mess rooms and water closets. It asks the Government to indicate the provisions giving effect to these requirements of the Convention.

Article 13, paragraph 1. The Committee notes that the Sanitary Rules require a sickbay to be provided on vessels of category I (i.e. vessels of 65 metres in length or over) and not to vessels of 45.7 metres and above, as prescribed by the Convention. The Government is asked to indicate the measures taken or envisaged to bring the national legislation into conformity with the Convention.

Article 17, paragraphs 2, 3 and 4. The Committee asks the Government to provide more detailed information on the application of the Convention to fishing vessels which were already in operation at the time the Convention came into force, and which had to undergo structural alterations for the purpose of attaining conformity with the standards set out in the Convention.

Moreover, the Committee asks the Government to supply full particulars on the application of Article 6, paragraphs 2, 4, 7, 9 to 11, 13 and 14; Article 8, paragraph 2; Article 9, paragraph 5; Article 10, paragraphs 1, 5, and 13 to 26; Article 11, paragraphs 7 and 8; and Article 16, paragraph 6, on which no information has been provided so far.

Part V of the report form. The Committee would be grateful if the Government would supply general information on the practical application of the Convention, such as statistics on the fishing industry (number of vessels and workforce), extracts from inspection reports, copies of official documents such as inspection guidelines or manuals, etc.

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The Committee notes the Government's report for the period ending 1997. It requests the Government to provide copies of the following documents:

-- Sanitary Regulations for seagoing fishing vessels of the fishing fleet of the USSR, published in 1980;

-- Rules for the classification and construction of seagoing vessels of the Register of the USSR;

-- Rules concerning accident prevention on vessels of the fishing fleet of the USSR;

-- Sectoral Standard "Ships of fishing fleet. General requirements of safety", approved on 31 January 1980 under No. 50 (OST 15.210-79);

-- Sectoral Standard "Ships of fishing fleet. Routes, communications, ladders, ramps. Safety requirements", approved on 31 January 1980 under No. 50 (OST 15.211-79);

-- Sectoral Standard "Ships of fishing fleet. Ship's accommodations. Safety requirements", approved on 31 January 1980 under No. 50 (OST 15.214-79);

-- Sanitary norms of noise in the accommodations of ships of river fleet, approved in 1976 under No. 1404-76;

-- Sanitary Regulations for ships of fishing fleet of internal reservoirs, approved on 7 August 1980 under No. 2195-80;

-- Additions to norms of artificial lighting on ships of river fleet, approved in 1979 under No. 2109-79; and

-- Regulations for the classification and construction of maritime vessels of the Russian maritime register of shipping, 1995.

REQUESTS The Government is asked to report in detail in 2000. #REPORT_DATE:00:00:2000

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