Accommodation of Crews (Fishermen) Convention, 1966 (No. 126) - Ukraine (Ratification: 1970)

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

Impact of the COVID-19 pandemic. The Committee notes with deep concern the impact of the COVID-19 pandemic on the protection of fishers’ rights as laid out in the Convention. In this regard, the Committee refers to the resolution adopted by the Governing Body in its 340th Session (GB.340/Resolution) concerning maritime labour issues and COVID-19 disease, which calls on Member States to take measures to address the adverse impacts of the pandemic on fishers’ rights, 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 fishers’ rights.

Article 5(1)(c) of the Convention. Complaint-based inspection. The Committee had previously noted that there was no legislative or administrative text laying down a procedure for handling complaints concerning the crew accommodation of fishing vessels. The Committee notes that, in its report, the Government refers once again to Act No. 393/1996 on the appeals of citizens which, as it has indicated several times in the past, does not prescribe the conditions under which a recognized fishers’ organization can file a complaint that could trigger a detailed inspection of the crew accommodation of the fishing vessel concerned. Therefore, in the absence of national provisions implementing Article 5(1)(c) in relation to the procedure to handle complaints concerning the crew accommodation of fishing vessels, the Committee once again requests the Government to adopt without delay the necessary measures to ensure full compliance with this requirement of the Convention.

Articles 6(9), 10(1) and (22), 12(8)(b), and 16(6). Crew accommodation requirements. The Committee had requested the Government to specify the legal or administrative provisions implementing certain requirements of the Convention. The Committee notes the Government’s statement that, although no draft legislation has been submitted to date, the Ukrainian Constitution establishes that international treaties currently in force, agreed to be binding by the Supreme Rada of Ukraine, form part of Ukraine’s national legislation (section 9). The Government further indicates that, in accordance with the Law of Ukraine on International Treaties of Ukraine, when the domestic legislation is contrary to such international treaties, the latter shall prevail (section 19).  The Committee accordingly requests the Government to indicate how it ensures, in practice, the direct application of the following provisions of the Convention: Article 6(9) (fire prevention or fire-retarding measures); Article 10(1) (sleeping rooms in no case forward of the collision bulkhead); Article 10(22) (furniture materials used in sleeping rooms); Article 12(8)(b) (bulkheads of sanitary accommodation to be of approved material and watertight); and Article 16(6) (gas containers to be kept on the open deck).

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Article 3(2)(e) of the Convention. Periodic consultations with fishing vessel owners’ and fishers’ organizations. The Committee had requested the Government to provide information on the activities of the newly constituted State Fisheries Agency and of its advisory body, especially in regard to the framing of new regulations or the application of existing ones on crew accommodation of fishing vessels. The Committee notes the Government’s indication in its report that the State Fisheries Agency carries out public consultations on the development and implementation of state policy, and in particular it conducts periodic consultations with organizations of fishing-boat owners and fishers’ organizations.

Article 5(1)(c). Complaint-based inspection. The Committee had previously noted that there was no legislative or administrative text laying down a procedure for handling complaints concerning the crew accommodation on fishing vessels. The Committee notes that the Government refers once again to Act No. 393/1996 on the appeals of citizens which, as it has indicated in the past, does not prescribe the conditions under which a recognized fishers’ organization can file a complaint that could trigger a detailed inspection of the crew accommodation of the fishing vessel concerned. The Government further informs that the State Fisheries Agency has not received any complaint since 2013. Noting once again the absence of national provisions implementing Article 5(1)(c) in relation to the procedure to handle complaints concerning the crew accommodation on fishing vessel, the Committee requests the Government to adopt without delay the necessary measures to ensure full compliance with this requirement of the Convention.

Articles 6(9), 10(1) and (22), 12(8)(b) and 16(6). Crew accommodation requirements. The Committee had requested the Government to specify the legal or administrative provisions implementing certain requirements of the Convention. The Committee notes the Government’s indication, with respect to Article 6(9) on fire prevention or fire-retarding measures, that the provisions regulating fire safety were repealed in 2013 as they were outdated and failed to address the relevant issues adequately. The Government further indicates that new fire safety standards and rules have not yet been adopted. Moreover, the Committee notes that the Government has not replied to the requests related to Articles 10(1) and (22), 12(8)(b) and 16(6). In light of the above, the Committee requests the Government to take the necessary measures, without delay, to ensure that the following provisions of the Convention, that is: Article 6(9) (fire prevention or fire-retarding measures); Article 10(1) (sleeping rooms in no case forward of the collision bulkhead); Article 10(22) (furniture materials used in sleeping rooms); Article 12(8)(b) (bulkheads of sanitary accommodation to be of approved material and watertight); and Article 16(6) (gas containers to be kept on the open deck), are fully implemented.

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

Article 3(2)(e) of the Convention. Periodic consultations with fishing vessel owners’ and fishers’ organizations. The Committee notes the Government’s reference to Presidential Decree No. 484/2011 on the establishment of the State Fisheries Agency and also the setting up of a permanent advisory body under this State Agency. It notes, in particular, that under section 4(3) of the regulations on the Public Council of the State Fisheries Agency, one of the functions of the Public Council is to consider draft regulations on the formulation and implementation of state policies for the fisheries sector. It also notes that in accordance with section 6 of the same regulations, the members of the Public Council are elected from civic, religious, charitable and professional unions and associations, as well as employers’ organizations. It further notes section 14 of the regulations which provides that plenary meetings of the Public Council are held at least four times a year. The Committee requests the Government to keep the Office informed of the activities of the newly established State Agency of the Fishing Industry and of its advisory body, especially as regards the framing of new regulations or the application of existing ones on crew accommodation of fishing vessels.

Article 5(1)(c). Complaint-based inspection. Further to its previous comment, the Committee notes the Government’s renewed reference to Act No. 393/1996 on the appeals of citizens which nonetheless does not prescribe the manner or the conditions under which a recognized fishers’ organization may file a complaint that must be followed by a detailed inspection of the crew accommodation of the fishing vessel concerned. Noting that there is currently no legislative or administrative text laying down a procedure for handling complaints concerning the crew accommodation of fishing vessels, the Committee requests the Government to consider all appropriate action to fully implement this Article of the Convention.

Articles 6(9), 10(1) and (22), 12(8)(b) and 16(6). Crew accommodation requirements. The Committee notes the Government’s reference to Order of the Ministry of Health No. 57 of 20 December 2000, concerning the State Sanitary Rules for Sea-Going Vessels (DSP7.7.4.-057-2000). While the State Sanitary Rules appear to give effect to most of the technical requirements of the Convention, the Committee would appreciate if the Government could specify the legal or administrative provisions implementing the following provisions of the Convention: Article 6(9) (fire prevention or fire retarding measures); Article 10(1) (sleeping rooms in no case forward of the collision bulkhead); Article 10(22) (furniture materials used in sleeping rooms); Article 12(8)(b) (bulkheads of sanitary accommodation to be of approved material and watertight); and Article 16(6) (gas containers to be kept on the open deck).

Part V of the report form. Application in practice. The Committee once again requests the Government to provide up-to-date information concerning the practical application of the Convention, including, for instance, statistics on the capacity of the fishing fleet and the workforce in the fishing sector, copies of official documents such as guidelines or manuals for inspecting fishing vessels, and extracts from inspection reports showing the number and nature of accommodation-related infringements observed and sanctions imposed.

Finally, the Committee recalls that most of the provisions of this Convention have been incorporated in the Work in Fishing Convention, 2007 (No. 188), which aims at revising and bringing up to date 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 due consideration to the new global standard on fishers’ working and living conditions and to keep the Office informed of any decision taken with a view to its ratification.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes the Government’s report which replies only partially to its previous comments.

Article 3, paragraph 2(e), of the Convention. Periodic consultations. In the absence of a clear answer on this point, the Committee is bound to reiterate its request concerning the holding of periodic consultations with fishing vessel owners’ and fishers’ organizations with respect to the framing of regulations and the practical arrangements for such consultations (frequency, institutional framework, participation, etc.).

Article 5, paragraph 1(c). Complaint-based inspection. The Committee has been asking for explanations as to whether and how it is ensured in law and practice that fishing vessels are inspected on every occasion that a complaint is filed with the competent authority by a recognized fishers’ organization representing all or part of the crew or by a prescribed number of the crew of the vessel. The Government again generally refers to Act No. 653-XIV on the Appeals of the Citizens without specifying any particular provision expressly regulating this matter, whereas in an earlier report concerning the application of Convention No. 92 reference was made to the Regulations on State Inspection of Ukraine regarding safe navigation, approved by Decree of the Cabinet of Ministers No. 2098 of 30 December 1998. The Committee once more requests the Government to provide additional explanations in this respect.

Articles 6 to 16. Crew accommodation requirements. The Committee recalls its previous direct request in which it asked the Government to specify the legal provisions implementing several detailed requirements of Part III of the Convention. In reply, the Government has confined itself to indicating that the various crew accommodation standards set forth in the Convention are given effect by the Rules on the classification and building of seagoing vessels of the Russian Register of Maritime Shipping of 2005, the Sanitary Rules for seagoing vessels of the industrial fleet of the USSR of 1977, and the Regulations on State sanitary inspection in the course of designing, building, converting, repairing and commissioning vessels, approved by Order No. 17 of 9 February 1999. In addition, in reply to a similar request made under Convention No. 92, the Government referred to the State Sanitary Rules for seagoing vessels of Ukraine (DSP 7.7.4–057–2000) as being the instrument that ensures observance of the requirements of the Convention. Apart from these general statements, however, the Government’s reports do not contain any itemized answers to the long lists of points raised by the Committee.

In order to enable the Committee to undertake a proper evaluation of the conformity of the Ukrainian legislation with the concrete technical requirements of the Convention, the Committee asks the Government to specify the legal texts regulating crew accommodation on board fishing vessels and to indicate the exact provisions giving effect to the following Articles of the Convention:

–      Article 6, paragraphs 2, 3, 4, 7, 9, 10, 11, 13, 14 (emergency escapes, insulation of sleeping rooms, fire prevention, wall surfaces and floorings);

–      Article 8, paragraphs 2 and 3 (heating system);

–      Article 9, paragraph 5 (permanent night lighting);

–      Article 10, paragraphs 1, 5, 9 and 13 to 26 (location of sleeping rooms, berth dimensions, furniture of sleeping rooms);

–      Article 11, paragraphs 7 and 8 (recreational facilities for mess rooms);

–      Article 12, paragraphs 2(c), 7 and 11 (sanitary facilities, soil and waste pipes, facilities for drying clothes); and

–      Article 13, paragraph 1 (sick bay and medicine chest).

Moreover, the Committee would appreciate receiving copies of the following legislative texts to which the Government refers in its reports and which are not available to the Office: (i) Rules for the classification and building of seagoing vessels of the Russian Register of Maritime Shipping of 2005; (ii) Rules on accident prevention on board fishing vessels of Ukraine; (iii) Rules on fire safety on board fishing vessels of Ukraine, approved by Order No. 24 of 14 March 2000; (iv) State sanitary rules and standards for enterprises and vessels processing fish and other living aquatic resources, approved by Order No. 197 of 6 May 2003; and (v) Regulations on service on board vessels of the fishing fleet of Ukraine.

Part V of the report form. The Committee would be grateful if the Government would provide general information in its next report on the practical application of the Convention, including for instance statistics on the capacity of the fishing fleet and the workforce in the fishing sector, copies of official documents such as guidelines or manuals for inspecting fishing vessels, extracts from reports of the inspection services showing the number and nature of accommodation-related infringements observed and sanctions imposed, etc.

Finally, the Committee takes this opportunity to draw the Government’s attention to the new Convention on work in the fishing sector, which was adopted at the 96th Session of the International Labour Conference in June 2007 and which aims to revise and bring up to date in an integrated manner most existing ILO fishing instruments. The new Convention provides a modern and flexible regulatory framework covering large fishing operations, but also addresses the concerns of small-scale fishers. The Committee requests the Government to give all due consideration to the new global standard on fishers’ working and living conditions and to keep the Office informed of any decision taken with a view to its ratification.

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

The Committee notes the information provided in the Government’s last report and attached documentation. It wishes to draw the Government’s attention to the following points.

Article 3, paragraph 2(e), of the Convention. The Committee notes the Government’s indications on the Labour Protection Management System in Fishery, approved by the Order of the State Fishery Committee of Ukraine of 11 May 1999, No. 69. It notes, in particular, that section 2.18 of the System provides for separate responsibilities of state agencies, the Labour Protection Service, the managers of each undertaking of the fishery industry, owners, captains and managers of vessels, as well as the representatives of workers’ collectives and trade unions in exercising the supervision and control over labour matters in fishery. The Committee asks the Government to clarify whether provision is made for periodical consultations with fishing-vessel owners’ and fishers’ organizations, and, if so, to provide concrete information on the manner such consultations are conducted in practice (frequency, agenda items, participation, etc.).

Article 5, paragraph 1(c). While noting the Government’s reference to the Law of Ukraine of 13 May 1999, No. 653-XIV on the Appeals of the Citizens, the Committee asks the Government to explain how this general piece of legislation gives effect to the specific requirements of this paragraph of the Convention, namely the obligation to inspect a fishing vessel’s crew accommodation every time a complaint is filed with the competent authority by a recognized fishers’ organization representing all or part of the crew or by a prescribed number or proportion of the members of the crew of the vessel.

Article 6, paragraph 3. While noting the Government’s indications on this point, the Committee asks the Government to specify the provision(s) of any of the following instruments giving effect to this Article of the Convention with regard to fishing vessels of all four categories: (i) Rules of Classification and Building of sea-going vessels of the Russian Sea Navigation Register of 1999 (hereinafter referred to as the "Classification and Building Rules"); (ii) Sanitary Rules for sea-going vessels of the fishing fleet of the USSR, issued on 22 December 1977, No. 1814-77 (hereinafter referred to as the "Sanitary Rules"); (iii) Regulations on sanitary inspection in the course of design, building, re-equipment, repair and acceptance of vessels and other equivalent installations and structures, approved by the Order of the first Deputy Chief State Sanitary Inspector of Ukraine of 9 February 1999, No. 17.

Article 6, paragraphs 11, 13 and 14. While noting the Government’s reference to section 6 of the Sanitary Rules, the Committee has been unable to identify any provisions in this section being directly relevant or giving effect to the specific requirements of this Article of the Convention. It therefore asks the Government to provide additional explanations on this point.

Article 8, paragraph 3. While noting the Government’s reference to section 3.1.2 of the Sanitary Rules, the Committee has been unable to identify therein any provision explicitly prohibiting heating by open fires. It therefore asks the Government to provide additional explanations in this regard.

Article 10, paragraph 3(a)-(d). The Committee notes the Government’s reference to the Sectoral Standard of the USSR Ministry of Fishery, OST 15.214-79 SSBT. It asks the Government to provide a copy of this text.

Article 10, paragraph 9. While noting 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, the Committee requests the Government to clarify whether in case of sleeping rooms such inscription must also indicate the maximum number of persons to be accommodated in this room, as required under this Article of the Convention.

Article 12, paragraph 2(c). The Committee notes that, according to the Government’s report, the Sanitary Rules are currently being revised so as to be fully harmonized with the requirements of the Convention, including the provision of this paragraph. The Committee would appreciate being kept informed of the progress in the revision process, and asks the Government to transmit a copy of the revised Rules as soon as they are adopted.

Article 12, paragraphs 7 and 11. The Committee notes that there seem to exist no specific provisions in the national legislation 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. While noting that sections 2.5.1 and 2.5.2 of the Sanitary Rules provide for a sick bay on vessels of category I (i.e. vessels of 65 metres in length or over), the Committee recalls that the Convention requires a sick bay for all fishing vessels of 45.7 metres in length or over. It therefore asks the Government to revise the Rules accordingly.

Article 16, paragraph 6. While noting the Government’s statement that the Rules of fire safety on board fishing vessels of the fish fleet of Ukraine, approved by the Order of the Sate Fishery Committee of Ukraine of 14 March 2000, No. 24, give effect to this provision of the Convention, the Committee requests the Government to communicate a copy of this text.

Moreover, the Committee would be grateful if the Government could provide further explanations regarding the application of the following provisions: Article 6, paragraphs 2, 4, 7, 9 and 10; Article 8, paragraph 2; Article 9, paragraph 5; Article 10, paragraphs 1, 5 and 13-26; Article 11, paragraphs 7 and 8. In addition, the Committee would appreciate receiving copies of: (i) the Rules concerning accident prevention on vessels of the fishing fleet of Ukraine; and (ii) the Regulations on service on vessels of the fleet of the fishing industry of Ukraine, to which reference was made in the Government’s report.

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.

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

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 for the period up to July 1997.

1.  The Committee notes that there seem to be divergences between the provisions of the national legislation of Ukraine and Article 12, paragraph 2(c), of the Convention under which one washbasin shall be provided for every six persons or less, while under Chart 4 to the Sanitary Rules for seagoing vessels of the fishing fleet of the USSR, approved by the Chief Sanitary Doctor of the USSR on 22 December 1977 under No. 1814-77 (the "Sanitary Rules for the fishing fleet"), one washbasin is only provided for every eight persons. The Committee asks the Government to indicate the measures taken or envisaged to bring national legislation into conformity with the Convention on this point.

2.  The Committee asks the Government to provide further information on the following points.

Article 3, paragraph 2(a), of the Convention. Please indicate the provisions of the laws and regulations giving effect to the Convention that require the competent authority to bring them to the notice of all persons concerned.

Article 3, paragraph 2(b). Please indicate the bodies and persons currently responsible for compliance with the laws and regulations giving effect to the Convention (shipowners, masters of vessels, etc.).

Article 3, paragraph 2(c). The Committee asks the Government to clarify whether the various inspectorates indicated in the report of the Government of Ukraine under the Accommodation of Crews (Revised) Convention, 1949 (No. 92) for the period from 1993 to July 1997 as exercising control over labour protection and compliance with the respective laws and regulations (State Committee of Ukraine for Supervision over Protection of Labour; Department of Safety of Transportation and Protection of Labour of the Ministry of Transport of Ukraine; Department of Maritime and River Transport of Ukraine; Black Sea Inspection for Supervision over the Protection of Labour in the Maritime Transport; sanitary epidemiological stations of basins; labour protection services of shipping companies; commissions for acceptance of ships and trade unions; and command staff of vessels) have the authority to exercise supervision and control over the observance of laws and regulations giving effect to the Convention. Please indicate how the cooperation is organized between different inspection services.

Article 3, paragraph 2(e). Please indicate which provisions of laws and regulations giving effect to the Convention require the competent authority to consult periodically the fishing-vessel owners’ and fishermen’s organizations, where such exist, in regard to the framing of regulations, and to collaborate so far as practicable with such parties in the administration thereof.

Article 5, paragraph 1(a). Please indicate whether the competent authority shall inspect the vessel on every occasion when a fishing vessel is registered or re-registered and, if so, which provision of the national legislation establishes such requirement.

Article 5, paragraph 1(c). The Committee asks the Government to describe the procedure for making complaints to the competent authority in accordance with this provision of the Convention. Please also indicate whether the competent authority shall inspect the vessel on every occasion when such complaint is made; and, if so, which provision of the national legislation establishes such requirement.

Article 6, paragraph 3. The Committee asks the Government to indicate whether effect is given to this provisions of the Convention in vessels of category III and category IV. Please indicate the specific provision of the national legislation requiring that part of the bulkhead separating fish holds and fishmeal 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 and external bulkheads shall be efficiently constructed of steel or other approved substance and shall be watertight and gastight.

Article 7, paragraph 4. The Committee asks the Government to indicate whether in vessels of category III and category IV, where no artificial ventilation is provided, it is required to equip them with electric fans.

Article 8, paragraph 3. Please indicate whether in the national legislation there is an explicit prohibition of heating by means of open fires.

Article 9, paragraph 2. Please indicate whether two independent sources of electricity are required and, if not, whether additional lighting shall be provided by properly constructed lamps or lighting apparatus for emergency use.

Article 10, paragraph 3(a) to (d). The Committee asks the Government to indicate what are the standards concerning the size of berths, tables, chairs, lockers, sofas and other vessels’ furniture.

Article 10, paragraph 9. Please indicate whether for sleeping rooms the inscription on the door shall indicate the maximum number of persons to be accommodated in this room.

Article 11, paragraph 1. Please clarify whether mess-room accommodations shall be provided in all vessels carrying a crew of more than ten persons.

Article 12, paragraph 1. Please confirm that the crew does not live permanently on board vessels engaged in voyages of not more than 24 hours when in port and, if so, indicate the specific provision of the national legislation imposing such prohibition.

Article 13, paragraph 1. Please clarify whether a sick bay is required on vessels of 45.7 metres but below 65 metres in length and, if so, indicate the specific provision of the national legislation establishing such requirement.

Article 13, paragraph 2. Please indicate how the competent authority gave consideration to the Ships’ Medicine Chests Recommendation, 1958 (No. 105), and the Medical Advice at Sea Recommendation, 1958 (No. 106).

Article 16, paragraph 4. Please confirm that the crew does not live permanently on board vessels of category III and category IV, engaged in voyages of eight hours or less, when in port.

The Committee also asks the Government to indicate the specific provisions of the national legislation that give effect to Article 6, paragraphs 2, 4, 7, 9, 10, 11, 13, 14; Article 7, paragraphs 3 and 5; Article 8, paragraph 2; Article 9, paragraph 5; Article 10, paragraphs 1, 5, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25 and 26; Article 11, paragraphs 7 and 8; Article 12, paragraphs 7 and 11; Article 15; and Article 16, paragraph 6, of the Convention.

Part III of the report form. The Committee asks the Government to provide information on the organization and working of inspection.

3. The Committee asks the Government to provide copies of the following documents:

-  Criminal Code of Ukraine;

-  Resolution of the Supreme Soviet of Ukraine "On the regime of operation on the territory of Ukraine of certain acts of the legislation of the Union of the Soviet Socialist Republics", dated 12 September 1991;

-  Rules concerning Accident Prevention on Vessels of the Fishing Fleet of the USSR;

-  Regulations on service on vessels of the fleet of the fishing industry of the USSR.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes the Government's report for the period up to July 1997.

1. The Committee notes that there seem to be divergencies between the provisions of the national legislation of Ukraine and Article 12, paragraph 2(c), of the Convention under which one washbasin shall be provided for every six persons or less, while under Chart 4 to the Sanitary Rules for seagoing vessels of the fishing fleet of the USSR, approved by the Chief Sanitary Doctor of the USSR on 22 December 1977 under No. 1814-77 (the "Sanitary Rules for the fishing fleet"), one washbasin is only provided for every eight persons. The Committee asks the Government to indicate the measures taken or envisaged to bring national legislation into conformity with the Convention on this point.

2. The Committee asks the Government to provide further information on the following points:

Article 3, paragraph 2(a), of the Convention. Please indicate the provisions of the laws and regulations giving effect to the Convention that require the competent authority to bring them to the notice of all persons concerned.

Article 3, paragraph 2(b). Please indicate the bodies and persons currently responsible for compliance with the laws and regulations giving effect to the Convention (shipowners, masters of vessels, etc.).

Article 3, paragraph 2(c). The Committee asks the Government to clarify whether the various inspectorates indicated in the report of the Government of Ukraine under the Accommodation of Crews (Revised) Convention, 1949 (No. 92) for the period from 1993 to July 1997 as exercising control over labour protection and compliance with the respective laws and regulations (State Committee of Ukraine for Supervision over Protection of Labour; Department of Safety of Transportation and Protection of Labour of the Ministry of Transport of Ukraine; Department of Maritime and River Transport of Ukraine; Black Sea Inspection for Supervision over the Protection of Labour in the Maritime Transport; sanitary epidemiological stations of basins; labour protection services of shipping companies; commissions for acceptance of ships and trade unions; and command staff of vessels) have the authority to exercise supervision and control over the observance of laws and regulations giving effect to the Convention. Please indicate how the cooperation is organized between different inspection services.

Article 3, paragraph 2(e). Please indicate which provisions of laws and regulations giving effect to the Convention require the competent authority to consult periodically the fishing-vessel owners' and fishermen's organizations, where such exist, in regard to the framing of regulations, and to collaborate so far as practicable with such parties in the administration thereof.

Article 5, paragraph 1(a). Please indicate whether the competent authority shall inspect the vessel on every occasion when a fishing vessel is registered or re-registered and, if so, which provision of the national legislation establishes such requirement.

Article 5, paragraph 1(c). The Committee asks the Government to describe the procedure for making complaints to the competent authority in accordance with this provision of the Convention. Please also indicate whether the competent authority shall inspect the vessel on every occasion when such complaint is made; and, if so, which provision of the national legislation establishes such requirement.

Article 6, paragraph 3. The Committee asks the Government to indicate whether effect is given to this provisions of the Convention in vessels of category III and category IV. Please indicate the specific provision of the national legislation requiring that part of the bulkhead separating fish holds and fishmeal 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 and external bulkheads shall be efficiently constructed of steel or other approved substance and shall be watertight and gas-tight.

Article 7, paragraph 4. The Committee asks the Government to indicate whether in vessels of category III and category IV, where no artificial ventilation is provided, it is required to equip them with electric fans.

Article 8, paragraph 3. Please indicate whether in the national legislation there is an explicit prohibition of heating by means of open fires.

Article 9, paragraph 2. Please indicate whether two independent sources of electricity are required and, if not, whether additional lighting shall be provided by properly constructed lamps or lighting apparatus for emergency use.

Article 10, paragraph 3(a) to (d). The Committee asks the Government to indicate what are the standards concerning the size of berths, tables, chairs, lockers, sofas and other vessels' furniture.

Article 10, paragraph 9. Please indicate whether for sleeping rooms the inscription on the door shall indicate the maximum number of persons to be accommodated in this room.

Article 11, paragraph 1. Please clarify whether mess-room accommodations shall be provided in all vessels carrying a crew of more than ten persons.

Article 12, paragraph 1. Please confirm that the crew does not live permanently on board vessels engaged in voyages of not more than 24 hours when in port and, if so, indicate the specific provision of the national legislation imposing such prohibition.

Article 13, paragraph 1. Please clarify whether a sick bay is required on vessels of 45.7 metres but below 65 metres in length and, if so, indicate the specific provision of the national legislation establishing such requirement.

Article 13, paragraph 2. Please indicate how the competent authority gave consideration to the Ships' Medicine Chests Recommendation, 1958 (No. 105), and the Medical Advice at Sea Recommendation, 1958 (No. 106).

Article 16, paragraph 4. Please confirm that the crew does not live permanently on board vessels of category III and category IV, engaged in voyages of eight hours or less, when in port.

The Committee also asks the Government to indicate the specific provisions of the national legislation that give effect to Article 6, paragraphs 2, 4, 7, 9, 10, 11, 13, 14; Article 7, paragraphs 3 and 5; Article 8, paragraph 2; Article 9, paragraph 5; Article 10, paragraphs 1, 5, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25 and 26; Article 11, paragraphs 7 and 8; Article 12, paragraphs 7 and 11; Article 15; and Article 16, paragraph 6, of the Convention.

Part III of the report form. The Committee asks the Government to provide information on the organization and working of inspection.

3. The Committee asks the Government to provide copies of the following documents:

-- Criminal Code of Ukraine;

-- Resolution of the Supreme Soviet of Ukraine "On the regime of operation on the territory of Ukraine of certain acts of the legislation of the Union of the Soviet Socialist Republics", dated 12 September 1991;

-- Rules concerning Accident Prevention on Vessels of the Fishing Fleet of the USSR;

-- Regulations on service on vessels of the fleet of the fishing industry of the USSR.