Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Accommodation of Crews Convention (Revised), 1949 (No. 92) - Croatia (Ratification: 1991)

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:

Article 3, paragraph 2(b), of the Convention. Persons responsible for the application of the national legislation. According to the information provided in the Government’s first report, the employer shall maintain the vessel and its equipment in a state that guarantees the protection of crew members against accidents, occupational diseases and other occupation-related diseases. The national legislation providing for this obligation was not, however, indicated. The Committee once again requests the Government to indicate, in its next report, the provisions of the national legislation that envisage that the employer shall be responsible for maintaining the vessel and its equipment in a state which guarantees the protection of the health and safety of the crew members.

Article 3, paragraph 2(c). Penalties in the case of violations. According to the information communicated in the first report, the employer, the master of the vessel or any other person in a position of authority is responsible for applying penalties in the case of non-execution of the provisions contained in the legislation. However, no penalties are provided for in Part 20 of the Rules on the Technical Supervision of Sea-Going Ships. The Committee once again requests the Government to indicate, in its next report, the penalties envisaged in cases of non-execution of national legislation on crew accommodation.

Article 6, paragraph 2. Direct openings into sleeping rooms. The Committee notes that section 3.1 of the Rules on the Technical Supervision of Sea-Going Ships is to be amended to include the totality of the provisions of the Convention. It requests the Government to keep the Office informed of developments regarding the revision process.

Article 6, paragraph 6. Main steam and exhaust pipes for winches. The Committee, in its previous comments, requested the Government to indicate provisions of the national legislation prohibiting the passage of steam and exhaust pipes through crew accommodation, and requiring that they shall be adequately insulated and encased when they pass through alleyways leading to crew accommodation. The Government refers to section 3.1.7 of Part 20 of the Rules on the Technical Supervision of Sea-Going Ships. According to this section, “pipes other than those serving crew accommodation shall not pass through crew accommodation. Should this not be possible, the part passing through the crew accommodation shall be as short as possible and shall be adequately protected and secured.” Consequently, the Committee requests the Government to take the measures necessary to give effect to this provision of the Convention and to ensure that the passage of steam and exhaust pipes through crew accommodation is prohibited.

Article 6, paragraph 8. Fire-prevention and fire-retarding measures. The Government indicates that fire-prevention and fire-retarding measures are provided for in Part 17 of the Rules on the Technical Supervision of Sea-Going Ships relating to protection against fires. It also indicates that section 3.1 of Part 20 of these Rules is to be amended so that it includes references to the abovementioned Part 17. The Committee notes this information and requests the Government to keep the Office informed of any developments concerning the revision process.

Article 6, paragraphs 10, 12 and 13. Wall surfaces, floorings and drainage. According to the information provided by the Government, no provision exists giving effect to the requirements of the Convention. It indicates however that such provisions are to be introduced into the legislation following the revision of Part 20 of the Rules on the Technical Supervision of Sea-Going Ships. The Committee notes this information and requests the Government to keep the Office informed of developments regarding the revision process.

Article 7, paragraph 5. Ventilation systems. The Government indicates that section 3.15.4 of the Rules on the Technical Supervision of Sea-Going Ships is to be amended to include the totality of the provisions of the Convention. The Committee requests the Government to keep the Office informed of any developments concerning the revision process.

Article 8. Adequate installation of heating. The Committee requested the Government to indicate the provisions of the legislation giving effect to this Article. The Government refers in particular to the provisions of section 3.14 of the Rules on the Technical Supervision of Sea-Going Ships relating to heating. Under paragraph 1 of section 3.14.1, “all vessels shall have a heating system for command post accommodation and workshops”. The provisions of the first paragraph of section 3.14.3 state that, “pipes attaching radiators to the main heating system pipe shall not pass underneath the beds and bunks”. Consequently, the Committee requests the Government to indicate, in its next report, whether section 3.14.3 refers to the beds and bunks in command post quarters or in all the crew members’ quarters. It recalls in this regard that the Convention provides for the adequate installation of heating throughout the crew accommodation. Moreover, the provisions of section 3.14 of the Rules on the Technical Supervision of Sea-Going Ships do not specify the types of heating that may be installed on board vessels. Thus, the Committee also requests the Government to indicate the types of heating installations that may be installed on board a Croatian vessel and to provide details concerning the measures taken to ensure correct installation and protection for each existing type of heating system.

Article 9, paragraph 3. Electric lighting in the crew accommodation. The Government indicates that the measures giving effect to the provisions of the Convention are contained in Part 12 of the Rules on the Technical Supervision of Sea-Going Ships relating to electrical equipment. It also indicates that section 3.13 of Part 20 of these Rules is to be amended to include references to the abovementioned Part 12. The Committee notes this information and requests the Government to keep the Office informed of developments regarding the revision process.

Article 10. Sleeping rooms. The Government indicates that sections 3.1.1, 3.3.1, 3.3.12 and 3.13.14 of the Rules on the Technical Supervision of Sea-Going Ships are to be amended to include the totality of the provisions of the Convention. The Committee requests the Government to keep the Office informed of developments regarding the revision process.

Article 11, paragraphs 3, 4 and 8. Installation of mess rooms. The Government indicates that section 3.4 of the Rules on the Technical Supervision of Sea-Going Ships is to be amended to include the totality of the provisions of the Convention. The Committee requests the Government to keep the Office informed of developments regarding the revision process.

Article 13, paragraph 2. Water closets. The Government indicates that sections 3.5.2 and 3.5.3 of the Rules on the Technical Supervision of Sea-Going Ships are to be amended to include the totality of the provisions of the Convention. The Committee requests the Government to keep the Office informed of developments regarding the revision process.

Article 13, paragraph 6. Provision of water in communal places. The Committee requested the Government to indicate whether the organizations of shipowners and bona fide organizations of seafarers were consulted regarding the fixing of the maximum amount of fresh water which the shipowner may be required to supply per man per day. The Government indicates that the draft regulations must be verified before being adopted by the Technical Committee, one of the members of which is the representative of the organizations of shipowners. The Committee requests the Government to indicate, in its next report, whether this Technical Committee is also made up of members of bona fide organizations of seafarers as understood by the Convention.

Article 13, paragraphs 8, 9 and 11. Requirements relating to ventilation, water closets and communal sanitary accommodation. The Government indicates that sections 3.5 and 3.5.12 of the Rules on the Technical Supervision of Sea-Going Ships are to be amended in order to bring them into conformity with the Convention. The Committee requests the Government to keep the Office informed of developments regarding the revision process.

Article 15, paragraph 2. Provision of rooms for the deck and engine departments. The Government indicates that section 3.5 of the Rules on the Technical Supervision of Sea-Going Ships is to be amended to include the totality of the provisions of the Convention. The Committee requests the Government to keep the Office informed of developments regarding the revision process.

Article 16, paragraph 3, and Article 17, paragraph 2. Living accommodation for the crew in different departments and inspection of crew accommodation by the master. The Government indicates that section 3.1 of the Rules on the Technical Supervision of Sea-Going Ships is to be amended to include the totality of the provisions of the Convention. The Committee requests the Government to keep the Office informed of developments regarding the revision process.