Demande directe (CEACR) - adoptée 2006, publiée 96ème session CIT (2007)

Convention (n° 125) sur les brevets de capacité des pêcheurs, 1966 - Belgique (Ratification: 1969)

The Committee notes that the Government’s report refers to the adoption of the Royal Order of 12 June 1996 on the certificates and declarations of service required for maritime fishing navigation and the Royal Order of 12 June 1996 amending the Royal Order of 20 July 1973 issuing regulations on maritime inspection (RIM). The Committee would like to receive further information on the following points.

Article 1 of the Convention. Scope of application. The Committee notes that section 1(3) of the Royal Order of 12 June 1996 on the certificates and declarations of service required for maritime fishing navigation refers to the definition of “fishing vessel” found in section 1 of the RIM. The Committee asks the Government to communicate a copy of the latter provision as it currently stands.

Article 3. Definitions. The Committee asks the Government to communicate a copy of the legal provisions which contain a definition of the terms “skipper” and “engineer”.

Article 5, paragraph 3. Obligation to carry a certificated engineer. The Committee notes that, under the new section 94, paragraph 5, of the RIM, vessels with an engine power not exceeding 221 kW are required to carry at least one crew member holding an engineer’s certificate for inshore fishing. Moreover, paragraph 6(a) of this provision provides that vessels with an engine power between 221 and 775 kW are required to carry an engineer holding, at the very least, an engineer’s certificate for an engine of 750 kW, if the engine can be controlled from the bridge. Lastly, paragraph 6(b) provides that vessels with an engine power exceeding 750 kW are required to carry one extra engineer and one extra seafarer if the engine can be controlled from the bridge. The Committee asks the Government to indicate whether fishing-vessel owners’ and fishers’ organizations were consulted prior to the establishment of the levels, in terms of engine power, above which fishing vessels are required to carry a certificated engineer, as envisaged in the Convention.

Article 5, paragraph 5. Granting of derogations. The Committee asks the Government to indicate whether the competent national authority may, in individual cases, permit a fishing vessel to put to sea without the full complement of certificated personnel if it is satisfied that no suitable substitutes are available and that, having regard to all the circumstances of the case, it is safe to allow the vessel to put to sea. If so, the Government is requested to communicate a copy of the text that allows such authorization to be issued and to provide information on authorization that has been issued on this basis.

Article 6, paragraph 1. Minimum age. The Committee notes that, under section 7, paragraph 1(1), and section 7, paragraph 2(1), of the Royal Order of 12 June 1996 on the certificates and declarations of service required for maritime fishing navigation (hereafter referred to as the Royal Order of 12 June 1996), the minimum age for obtaining a mate’s certificate is 18 years, whereas the Convention stipulates a minimum age of 19 years. The Committee also notes that, in accordance with section 7, paragraph 6(1), section 7, paragraph 7(1), and section 7, paragraph 8(1), of this Royal Order, the minimum age for obtaining an engineer’s certificate is 18 years, whereas the Convention sets a minimum age of 20 years for the issue of such a certificate. The Committee hopes the Government will take the necessary steps to raise the minimum age required for the issue of mates’ and engineers’ certificates, so as to bring these provisions into line with the Convention.

Article 7. Minimum professional experience required for the issue of a mate’s certificate. The Committee notes that, under section 7, paragraph 1(3), and section 7, paragraph 2(3), of the Royal Order of 12 June 1996, the experience required for the issue of a mate’s certificate is 24 months’ sea service engaged in deck duties, whereas the Convention envisages a minimum experience of three years’ sea service engaged in deck duties. The Committee hopes the Government will take the necessary steps to bring its legislation into line with the provisions of the Convention in this regard.

Article 8, paragraph 1. Minimum professional experience required for the issue of a skipper’s certificate. The Committee notes that, under section 7, paragraph 3(3), of the Royal Order of 12 June 1996, 24 months’ sea service engaged in deck duties is required for the issue of a skipper’s certificate for inshore fishing. Moreover, section 7, paragraph 4(3), requires 12 months’ sea service engaged in deck duties as a certificated mate in inshore fishing to become an inshore fishing skipper; in other words 36 months of deck duties experience (12 months as a certificated mate and the 24 months required for the issue of a mate’s certificate). Lastly, section 7, paragraph 5(3), provides that, in order to obtain a skipper’s certificate for deep-sea fishing, 12 months’ sea service engaged in deck duties as a certificated mate in deep-sea fishing is required, hence 36 months of deck experience in total (12 months as a certificated mate and the 24 months required for the issue of a mate’s certificate). The Committee draws the Government’s attention to the fact that, pursuant to Article 8, paragraph 1, of the Convention, the minimum professional experience prescribed by national laws or regulations for the issue of a skipper’s certificate of competency shall not be less than four years’ sea service engaged in deck duties. The Committee hopes the Government will take the necessary steps to amend its legislation so as to bring its requirements relating to professional experience for the issue of a skipper’s certificate into line with those set forth in the Convention.

Article 9, paragraph 1. Minimum professional experience required for the issue of an engineer’s certificate. The Committee notes that section 7, paragraph 8(2), of the Royal Order of 12 June 1996 provides that the minimum amount of experience required for the issue of an engineer’s certificate for fishing shall be 12 months’ sea service in the engine room as a certificated 750 kW engineer (the issue of the 750 kW certificated engineer’s certificate in itself requires 12 months of experience under section 7, paragraph 7(2), of this Royal Order) or 24 months as a trainee engineer. The Committee emphasizes, however, that pursuant to Article 9, paragraph 1, of the Convention, the minimum professional experience prescribed by national laws or regulations for the issue of an engineer’s certificate of competency shall not be less than three years’ sea service in the engine room. The Committee therefore hopes the Government will take the necessary steps to bring its legislation into line with the Convention in respect of the professional experience required for the issue of an engineer’s certificate.

Article 11(b). Knowledge required to obtain an engineer’s certificate. The Committee notes that Annex VI of the Royal Order of 12 June 1996 sets forth the types of knowledge required to obtain an engineer’s certificate for inshore fishing. It also notes, however, that these requirements seem very cursory, unlike the requirements for obtaining a junior engineer’s certificate or a 750 kW engineer’s certificate, which are listed in Annex VII of the same Royal Order. The Committee draws the Government’s attention to the fact that Article 11(b) of the Convention contains a far more substantial list of minimum knowledge requirements for obtaining an engineer’s certificate. The Committee therefore requests the Government to indicate whether any other legislative or regulatory provisions set forth in greater detail the minimum knowledge that a candidate is required to show to obtain an engineer’s certificate for inshore fishing and, if so, to provide a copy thereof.

Article 14 and Part V of the report form. Inspection and enforcement in practice. The Committee requests the Government to provide information on the inspection system which ensures the enforcement of national laws or regulations giving effect to the provisions of this Convention. The Government is requested, in particular, to indicate the cases in which the national authorities may detain vessels registered in its territory on account of a breach of these laws or regulations. The Committee asks the Government to give a general indication of the manner in which the Convention is applied in practice by providing, for example, extracts from inspection service reports, information on the number of different competency certificates issued on average each year, and information on the number and nature of reported infringements and the measures taken as a result.

Article 15. Penalties. The Committee asks the Government to communicate information on the penalties or disciplinary measures prescribed for cases in which the national laws and regulations giving effect to the Convention are not respected.