Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

Medical Examination (Fishermen) Convention, 1959 (No. 113) - Belgium (Ratification: 1963)

The Committee notes with interest the adoption of the Act of 3 May 2003 issuing regulations for maritime labour contracts for maritime fishing and improving the social status of the fisher, and the Royal Order of 23 October 2001, establishing a harmonized regime for the safety of fishing vessels and amending the Royal Order of 20 July 1973, issuing regulations on maritime inspection. The Committee would like to receive further information on the following points.

Article 3, paragraph 1, of the Convention. Consultation with fishing-boat owners’ and fishers’ organizations. The Committee notes that sections 8 and 9 of Annex XX of the Royal Order of 20 July 1973, issuing the regulations on maritime inspection (RIM), which contains detailed provisions on medical examinations leading to a certificate of general fitness or a certificate of specific fitness, have been amended by the abovementioned Royal Order of 23 October 2001. The Committee recalls that, pursuant to Article 3, paragraph 1, of the Convention, the competent authority shall consult the fishing-boat owners’ and fishers’ organizations before determining the nature of the medical examination to be made and the particulars to be included in the medical certificate. The Committee asks the Government to indicate whether such consultations were held prior to the adoption of the Royal Order of 23 October 2001.

Article 3, paragraph 2. Taking into account the age of the fisher. The Committee notes that, contrary to the provisions previously applicable, sections 8 and 9 of Annex XX of the RIM, as amended, make no distinction on the basis of age with regard to physical requirements. The Committee asks the Government to indicate the manner in which the age of the fisher concerned is taken into account when prescribing the nature of the compulsory medical examination, as required by this provision of the Convention.

Article 4, paragraph 3. Expiry of the period of validity of the certificate. The Committee notes that, pursuant to section 7 of Annex XX of the RIM, the certificate of general fitness is valid for 24 months for fishers aged 21 years and older, and 12 months for those aged below 21 years. The Committee asks the Government to indicate whether, if the period of validity of a certificate expires in the course of a voyage, the certificate continues in force until the end of that voyage.

Part V of the report form. The Committee asks the Government to give a general appreciation of the manner in which the Convention is applied in practice, including, in particular, extracts from the reports of the inspection services containing information on the number and nature of the contraventions reported, and statistical data on the number of fishers covered by the abovementioned legislation.