Accommodation of Crews (Supplementary Provisions) Convention, 1970 (No. 133) - Ukraine (Ratification: 1993)

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes the Government’s reports on Conventions Nos. 23, 69, 92, 108, 133 and 147. In order to provide a comprehensive view of the issues to be addressed in relation to the application of these Conventions, the Committee considers it appropriate to examine these matters in a single comment, as follows.

The Committee recalls that, in the framework of the Standards Review Mechanism, the ILO Governing Body, as recommended by the Special Tripartite Committee on the Maritime Labour Convention, 2006, as amended (MLC, 2006), classified Conventions Nos. 23, 69, 92, 108, 133 and 147 as “outdated”. At its 343rd Session (November 2021), the Governing Body placed an item on the agenda of the 118th Session (2030) of the International Labour Conference concerning the abrogation of Conventions Nos. 23, 69, 92 and 133; requested the Office to launch an initiative to promote the ratification on a priority basis of the MLC, 2006 among the countries still bound by outdated Conventions, as well as to promote the ratification of the Seafarers’ Identity Documents Convention (Revised), 2003, as amended (No. 185) among the countries still bound by Convention No. 108. In this regard, the Committee notes with interest the Government’s information that, in the first half of 2021, the Ministry of Infrastructure developed draft laws on the ratification of the MLC, 2006, and on the introduction of amendments to several legislative acts of Ukraine related to the ratification of this Convention. The Committee also notes with interest the Government’s indication that the national procedures for the ratification of Convention No. 185 are well advanced and that, in preparation for the ratification, the Government has submitted to the Office a copy of the draft sample SID. The Committee invites the Government to provide a sample (and not a copy) of the SID in order to allow a proper evaluation of its conformity with the technical requirements of Convention No. 185. The Committee further requests the Government to provide information on any progress made towards the ratification of the MLC, 2006 and Convention No. 185.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Article 7(2) of the Convention. Furnishings for recreation accommodation. The Committee notes that section 2.4.1 of the State Sanitary Rules for Seagoing Vessels (DSP 7.7.4-057-2000) provides that recreational facilities, such as reading and smoking rooms and sport equipment, must be provided on board ships of category I (vessels engaged in voyages of more than five days) and category II (vessels engaged in voyages of no more than five days) but not in respect of all ships, as prescribed by this Article of the Convention. The Committee accordingly requests the Government to take appropriate action in order to bring the above indicated provision of the Sanitary Rules into line with the Convention. The Committee recalls, in this respect, that similar standards on recreation accommodation have been incorporated in Guideline B3.1.11(2) and (4) of the Maritime Labour Convention, 2006 (MLC, 2006).

Article 8(6). Laundry facilities. The Committee notes that under section 2.8.4.1.1 of the Sanitary Rules all ships of category I and category II must be equipped with facilities for washing and drying cloths, while such facilities are only recommended for ships in category III (ships engaged in voyages of up to 24 hours) and category IV (ships engaged in voyages of up to eight hours). The Committee therefore requests the Government to take the necessary action in order to bring the Sanitary Rules into conformity with the Convention on this point. The Committee recalls, in this respect, that the same requirement is reflected in Standard A3.1(13) of the MLC, 2006.

Finally, the Committee recalls that the MLC, 2006, which revises Convention No. 133 as well as 36 other international maritime labour Conventions, contains, in Regulation 3.1, Standard A3.1 and Guideline B3.1 the most up-to-date requirements on crew accommodation together with a very detailed inspection regime for monitoring compliance with those requirements. Noting the Government’s announced intention to ratify the MLC, 2006 shortly, the Committee requests the Government to keep the Office informed of any progress made in this respect.

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

The Committee notes the new State Sanitary Rules for seagoing vessels of Ukraine (DSP 7.7.4-057-2000). It also notes the Government’s reply to
the Committee’s previous comments concerning Article 4, paragraph 2(a), (d) and (e), of the Convention.

In its 2002 report, the Government maintained that the Sanitary Rules implement several requirements of the Convention without, however, specifying the relevant sections. The Committee therefore requests the Government to indicate in detail the specific provisions in the new Sanitary Rules giving effect to the following requirements of the Convention:

–           Article 7, paragraph 2 (furnishing for recreation accommodation);

–           Article 7, paragraph 3 (smoking room or library room and a hobby and games room); and

–           Article 8, paragraph 1 (one water closet for every six persons or less).

Article 1, paragraphs 1 and 5(b), of the Convention. Scope of application. In the absence of any reply to its request for clarification as to the scope of the Safety Requirements for seagoing vessels (RD 31.81.01-87), the Committee once again asks the Government to indicate whether the Safety Requirements apply to privately owned vessels (paragraph 1), and whether they are applicable to the accommodation of persons engaged in usual seagoing routine in ships engaged in whaling or in similar pursuits (paragraph 5(b)).

Article 8, paragraph 6. Facilities for washing, drying and ironing clothes. The Government indicates that, under the Sanitary Rules, the facilities for washing, drying and ironing clothes are mandatory on ships of Categories I and II, but only recommended on ships of Categories III and IV. The Convention, however, requires that facilities for washing, drying and ironing clothes be provided in all ships to which the Convention is applicable. The Committee requests the Government to indicate the measures taken or envisaged to give effect to this provision of the Convention.

Article 13, paragraph 3. Application to existing ships. Please indicate whether, in the case of ships other than those referred to in paragraphs 1 and 2 of this Article, or ships to which the provisions of this Convention were applicable while they were under construction and that are being re-registered, the competent authority may require such alterations for the purpose of bringing the ships into conformity with the requirements of the Convention as it deems reasonable and practicable having regard in particular to technical, economic and other problems involved in the application of Articles 5, 8 and 10.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

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:

The Committee notes the Government’s report as well as the additional information communicated by the Government in the beginning of 2002. It notes that new State Sanitary Rules for seagoing vessels of Ukraine (DSP 7.7.4 057 2000) have been put into effect in Ukraine in 2000. The Committee further notes that the Rules of Accident Prevention on board seagoing vessels (RD 31.81.10-75) have been revised and were in the process of approval. The Committee would be grateful if the Government would submit with its next report the text of the State Sanitary Rules and the revised text of the Rules of Accident Prevention.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the Government’s report as well as the additional information communicated by the Government in the beginning of 2002. It notes that new State Sanitary Rules for seagoing vessels of Ukraine (DSP 7.7.4-057-2000) have been put into effect in Ukraine in 2000. The Committee further notes that the Rules of Accident Prevention on board seagoing vessels (RD 31.81.10-75) have been revised and were in the process of approval. The Committee would be grateful if the Government would submit with its next report the text of the State Sanitary Rules and the revised text of the Rules of Accident Prevention.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

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 reads as follows:

The Committee notes the Government’s first and second reports covering the period up to 1997. It requests the Government to provide further information on the following points:

Article 1, paragraph 1, of the Convention.  Please indicate whether the Safety Requirements for sea-going vessels (RD 31.81.01-87), approved by joint Decision No. SM-53/2446 of the Ministry of the Maritime Fleet of the USSR and the Ministry of the Shipbuilding Industry of the USSR, dated 2 August 1988 (the "Safety Requirements") apply to privately owned vessels.

Article 1, subparagraph 5(b).  Please indicate whether the Safety Requirements are applicable to the accommodation of persons engaged in usual sea-going routine in ships engaged in whaling or in similar pursuits.

Article 4, subparagraph 2(a).  See under Convention No. 92, Article 3, subparagraph 2(a).

Article 4, subparagraph 2(d).  See under Convention No. 92, Article 3, subparagraph 2(d).

Article 4, subparagraph 2(e).  See under Convention No. 92, Article 3, subparagraph 2(e).

Article 7, paragraph 3.  The Committee notes that under subsection 2.3.1 of the Sanitary Rules, the arrangement of smoking room or library room, hobby and games room is recommended but not required. The Committee requests the Government to indicate what measures have been undertaken or are envisaged in order to put the above-mentioned provision of the Sanitary Rules into conformity with the Convention.

Article 8, paragraph 1.  Please indicate whether under subsection 2.9.2.3 of the Sanitary Rules the ships are required to have a separate water closet for every eight persons or less.

Article 8, paragraph 6.  The Committee notes that under subsection 2.8.1.1 of the Sanitary Rules, such facilities are mandatory only in ships of categories I and II and for ships of categories III and IV their arrangement is only recommended, while in accordance with Article 8, paragraph 6, of the Convention facilities for washing, drying and ironing clothes shall be provided in all ships. The Committee requests the Government to indicate what measures have been undertaken or are envisaged in order to put the above-mentioned provision of the Sanitary Rules into conformity with the Convention.

Please also indicate whether the legislation of Ukraine gives effect to Article 7, paragraph 2, and Article 13, paragraph 3, of the Convention.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes the Government's first and second reports covering the period up to 1997. It requests the Government to provide further information on the following points:

Article 1, paragraph 1, of the Convention. Please indicate whether the Safety Requirements for sea-going vessels (RD 31.81.01-87), approved by joint Decision No. SM-53/2446 of the Ministry of the Maritime Fleet of the USSR and the Ministry of the Shipbuilding Industry of the USSR, dated 2 August 1988 (the "Safety Requirements") apply to privately owned vessels.

Article 1, subparagraph 5(b). Please indicate whether the Safety Requirements are applicable to the accommodation of persons engaged in usual sea-going routine in ships engaged in whaling or in similar pursuits.

Article 4, subparagraph 2(a). See under Convention No. 92, Article 3, subparagraph 2(a), as follows:

Article 3, subparagraph 2(a). The Committee requests the Government to provide any information about reprints of the Sanitary Rules, the Rules of Accident Prevention on board sea-going vessels (RD 31.81.10-75), approved by Order No. 50 of the Ministry of the Maritime Fleet of the USSR, dated 13 March 1975 (the "Rules of Accident Prevention") and the Safety Requirements in Ukraine.

Article 4, subparagraph 2(d). See under Convention No. 92, Article 3, subparagraph 2(d), as follows:

Article 3, subparagraph 2(d). The Committee requests the Government to indicate how cooperation is organized between different inspection services and provide information on the working of the inspection.

Article 4, subparagraph 2(e). See under Convention No. 92, Article 3, subparagraph 2(e), as follows:

Article 3, subparagraph 2(e). Please indicate whether the legislation of Ukraine requires the competent authorities of Ukraine to consult the organizations of shipowners and/or the shipowners and the recognized bona fide trade unions of seafarers in regard to the framing of regulations, and to collaborate with such parties in the administration thereof.

Article 7, paragraph 3. The Committee notes that under subsection 2.3.1 of the Sanitary Rules, the arrangement of smoking room or library room, hobby and games room is recommended but not required. The Committee requests the Government to indicate what measures have been undertaken or are envisaged in order to put the above-mentioned provision of the Sanitary Rules into conformity with the Convention.

Article 8, paragraph 1. Please indicate whether under subsection 2.9.2.3 of the Sanitary Rules the ships are required to have a separate water closet for every eight persons or less.

Article 8, paragraph 6. The Committee notes that under subsection 2.8.1.1 of the Sanitary Rules, such facilities are mandatory only in ships of Categories I and II and for ships of Categories III and IV their arrangement is only recommended, while in accordance with Article 8, paragraph 6, of the Convention facilities for washing, drying and ironing clothes shall be provided in all ships. The Committee requests the Government to indicate what measures have been undertaken or are envisaged in order to put the above-mentioned provision of the Sanitary Rules into conformity with the Convention.

Please also indicate whether the legislation of Ukraine gives effect to Article 7, paragraph 2, and Article 13, paragraph 3, of the Convention.

[The Government is asked to report in detail in 2000.]