Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Accommodation of Crews (Fishermen) Convention, 1966 (No. 126) - Spain (Ratification: 1968)

Article 3 of the Convention. Implementing legislation – System of inspection. The Committee recalls its previous comment in which it requested the Government to specify whether the Orders of 17 August 1970, and 16 March 1971,which gave effect to the provisions of the Convention were still in force. The Committee understands that the Order of 16 March 1971 has been abrogated by Order of 4 December 1980 on medicine chests on board merchant vessels. It also understands that the Order of 17 August 1970 continues to be in effect as it is expressly referred to in the 2011 edition of the Technical Guide for the evaluation and prevention of occupational hazards on board fishing vessels particularly with reference to ventilation, heating, lighting, noise and sanitary accommodation standards. The Committee requests the Government to indicate whether the Committee’s understanding reflects the current state of national law and practice and to provide copies of any new legislative text(s) which may not have been previously communicated to the Office.

In addition, the Committee notes the detailed information provided by the Government concerning the SEGUMAR campaign, i.e. inspection activities jointly carried out by the Ministry of Development, the Ministry of Labour and the Ministry of Immigration, Environment and Rural and Marine Affairs. The Government indicates that in the period 2007–10, 1,225 vessels were inspected. According to the statistics published by the Maritime Social Institute, 31 per cent of the deficiencies observed related to sanitary facilities, while 19 per cent concerned crew accommodation and mess rooms. The Committee would be grateful if the Government would continue to provide, in accordance with Part V of the report form, general information on the application of the Convention in practice, including for instance the number and type of fishing vessels covered by the Convention, inspection results, and copies of official publications or studies, such as activity reports of the Maritime Social Institute.

Finally, the Committee seizes this opportunity to recall that most of the provisions of the present Convention have been incorporated in the Work in Fishing Convention, 2007 (No. 188), which revises in an integral manner most of the existing ILO fishing instruments. In particular, Articles 25–28 and Annex III of Convention No. 188, draw upon and further elaborate the provisions of Convention No. 126. The Committee accordingly invites the Government to give favourable consideration to the ratification of Convention No. 188 and to keep the Office informed of any decision taken in this regard.