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Repetition Article 1 of the Convention. Scope of application. The Committee notes that, under section 215-1.01 of the Regulations annexed to the Order of 23 November 1987, as amended, concerning ship safety, Division 215 (“habitable conditions”) of the Regulations is applicable, unless otherwise specified, to every vessel of 12 metres in length or over, sailing more than 20 miles from the nearest landfall. However, it draws the Government’s attention to the fact that, although the Convention authorizes the use of length as a criterion for determining its scope of application, it does not exclude vessels sailing less than 20 miles from the nearest landfall but simply permits certain exemptions for vessels which normally remain away from their home ports for periods of less than 36 hours and in which the crew does not live permanently on board when in port. The Committee notes the Government’s statement that the concept of distance was preferred to that of the period spent at sea, without providing more detailed explanations on this matter. The Committee asks the Government to take the necessary measures to extend the scope of application of the provisions of the Convention to vessels sailing less than 20 miles from the coast.Article 3(2)(d). Penalties. The Committee notes the Government’s indications that withdrawal or suspension of the shipping licence is the most frequent penalty for violation of the provisions of the legislation giving effect to the Convention. It also notes section 6 of Act No. 83-581 of 5 July 1983 on the safety of life at sea, habitable conditions on board vessels and the prevention of pollution, which lays down penalties against any shipowner or skipper who infringes the provisions of international Conventions listed therein. The Committee notes that, among the ILO Conventions, only the Accommodation of Crews Convention (Revised), 1949 (No. 92), (not applicable to fishing vessels) is quoted, and not the Accommodation of Crews (Fishermen) Convention, 1966 (No. 126). The Committee asks the Government to state the reasons why Convention No. 126 is not included in this list.Article 3(2)(e). Consultations. The Committee notes section 14(ii) of Decree No. 84-810 of 30 August 1984 concerning the safety of life at sea, habitable conditions on board vessels and the prevention of pollution, under the terms of which the Central Safety Committee shall be consulted by the minister responsible for the merchant marine on any relevant matter, in particular the habitable conditions of vessels. Moreover, it notes that, in conformity with section 15 of this decree, the Central Safety Committee includes in particular two representatives of the Central Committee of French Shipowners, one representative of the Union of French Fishing Vessel Owners and three representatives of the most representative trade unions of seafarers at national level. Given that express provision is made for the participation of one representative of the fishing vessel owners, the Committee asks the Government to indicate whether measures have been taken or are envisaged to ensure that representatives of fishermen’s organizations also participate.Article 6(8). Protection against vermin. The Committee notes section 215-1.03(5.1), of the regulations annexed to the above Order of 23 November 1987, under the terms of which internal bulkheads must be constructed in a material which is not likely to harbour vermin. The Committee asks the Government to indicate the measures taken to ensure that, for inside panelling or sheeting, tongued and grooved boarding or any other form of construction likely to harbour vermin is not used.Article 6(9). Protection against fire. The Committee notes that section 45 of the above Decree of 30 August 1984 lays down a number of conditions which must be met with regard to fire protection on vessels. It notes, however, that these provisions are not very detailed. The Committee asks the Government to indicate whether technical implementing regulations for this provision have been adopted and, if so, to send a copy of them.Article 6(11). Maintenance of inside walls. The Committee asks the Government to indicate which provisions provide that inside walls must be renewed or repaired in case of need.Article 6(16). Protection against insects. The Committee asks the Government to indicate which provisions provide that all possible measures must be taken to prevent flies and other insects from getting into crew accommodation.Article 10(2). Floor area per occupant in sleeping rooms. The Committee notes that, under section 215-1.07(2), of the Regulations annexed to the Order of 23 November 1987, for vessels of 500 gross registered tons or over, the space occupied by berths, lockers, tables and chairs is included in calculations of the minimum surface area for each occupant. It also notes that, under section 215-1.07(3), the minimum floor area for each occupant must not be less than 1.85 square metres on fishing vessels between 500 and 800 tons; 2.35 square metres on vessels between 800 and 3,000 tons; and 2.78 square metres on vessels of 3,000 tons or over.The Committee draws the Government’s attention to the fact that the provisions of the Convention concerning the surface area of sleeping rooms per occupant lay down standards, with the area occupied by berths and lockers deducted. With regard to the size of berths provided for by French legislation, the Committee notes that the minimum surface area is 1.33 square metres (i.e 1.90 metres by 0.70 metres), in accordance with subsection 7.4 of section 215-1.07. On a fishing vessel between 500 and 800 gross registered tons, the minimum cabin area per occupant is, under French legislation, 1.85 square metres, namely, after deduction of the surface area occupied by the berth (1.33 square metres), a free surface area of 0.52 square metres. However, according to the Convention, the surface area per occupant of sleeping rooms on vessels of 250 tons or over, with the surface area occupied by berths and lockers deducted, must be at least 1 square metre. The rule laid down by the Convention does not therefore appear to be observed in respect of vessels between 500 and 800 tons. Consequently, the Committee asks the Government to provide clarifications in this respect and, if necessary, to contemplate measures in order to ensure observance of the provisions of the Convention concerning minimum surface area per occupant in cabins, with the area occupied by berths and lockers deducted.Article 10(4). Clear head room. The Committee notes that clear head room must be at least 1.98 metres in vessels of at least 500 tons (section 215 1.07(4), of the Regulations annexed to the Order of 23 November 1987), but that this limit is fixed at only 1.83 metres in vessels under 500 tons (section 215 1.08(4)). The Committee reiterates that the clear head room for crew sleeping rooms must be at least 1.9 metres, wherever practicable. The Committee asks the Government to indicate the measures that it envisaged taking in order to ensure the conformity of the national legislation with the provisions of the Convention on this point.Article 10(5). Number of sleeping rooms. The Committee notes that, under section 215-1.07(5) of the Regulations annexed to the Order of 23 November 1987, the number of sleeping rooms on board vessels of at least 500 tons must be sufficient to enable each category of crew to have one or more separate areas. The Committee asks the Government to indicate whether the equivalent provisions have been adopted for vessels under 500 tons.Article 12(7). Soil pipes and waste pipes. The Committee notes that the national legislation does not provide that soil pipes and waste pipes must not cross fresh water or drinking water tanks or, if practicable, must not pass overhead in mess rooms or sleeping accommodation. The Committee asks the Government to supply further information in this respect.Article 13(1). Sick bay. The Committee notes that, for vessels of at least 500 tons, section 215-1.12(1.1) and (1.8), of the Regulations annexed to the Order of 23 November 1987 lays down the obligation that only vessels having a crew of 12 persons or more and undertaking voyages of more than 48 hours are obliged to have a sick bay. It also notes that vessels not covered by this obligation which undertake voyages over 48 hours and whose crew do not have individual cabins must have an individual cabin enabling a sick or injured crew member to be isolated. The Committee reiterates that, in accordance with this provision of the Convention, all vessels of at least 500 tons must have a sick bay and asks the Government to take the necessary measures to bring its legislation into full conformity with the Convention on this point.Article 13(2). Medicine chest. The Committee notes that, for vessels of at least 500 tons, section 215-1.12(1.7), of the Regulations annexed to the Order of 23 November 1987 provides that medical and pharmaceutical supplies must be placed in a lockable closet. It notes, however, that the legislation does not state whether it is compulsory to have such a facility. Moreover, the Committee notes that the above regulations do not contain provisions concerning a medicine chest for vessels under 500 tons. The Committee asks the Government to indicate whether the obligation to have a medicine chest applies to all vessels. It also reminds the Government that the Convention lays down the obligation that the medicine chest must be accompanied by readily understandable instructions.Article 16(1)–(4). Galley. The Committee notes that section 215-1.24 of the Regulations annexed to the Order of 23 November 1987 imposes certain rules with regard to equipment for the galley, but does not state that fishing vessels must have such installations. The Committee requests the Government to provide further information.Article 16(5). Refrigerators. The Committee notes that section 215-1.23 of the Regulations annexed to the Order of 23 November 1987 lays down the obligation to have appropriate means for the storage and conservation of foodstuffs and that section 215-1.22 lays down rules concerning the management of provision storerooms. The Committee asks the Government to indicate whether vessels must also have refrigerators for the conservation of foodstuffs.Article 16(6). Gas containers. The Committee asks the Government to indicate whether the legislation lays down the obligation that gas containers used for the galley must be placed on the open deck, as provided for by this provision of the Convention.Part V of the report form. Practical application. The Committee requests the Government to provide general information on the way in which the Convention is applied in practice, both in metropolitan France and in the overseas departments, by sending, for example, extracts from the reports of the maritime inspection services and also information concerning the number and nature of the contraventions reported and the measures taken to bring them to an end.Moreover, the Committee draws the Government’s attention to the Work in Fishing Convention, 2007 (No. 188) which revises in an integrated manner most of the existing ILO fishing instruments. The Committee 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.
The Committee notes the Government’s report and requests clarifications on the following points.
Article 1 of the Convention. Scope of application. The Committee notes that, under section 215-1.01 of the Regulations annexed to the Order of 23 November 1987, as amended, concerning ship safety, Division 215 (“habitable conditions”) of the Regulations is applicable, unless otherwise specified, to every vessel of 12 metres in length or over, sailing more than 20 miles from the nearest landfall. However, it draws the Government’s attention to the fact that, although the Convention authorizes the use of length as a criterion for determining its scope of application, it does not exclude vessels sailing less than 20 miles from the nearest landfall but simply permits certain exemptions for vessels which normally remain away from their home ports for periods of less than 36 hours and in which the crew does not live permanently on board when in port. The Committee notes the Government’s statement that the concept of distance was preferred to that of the period spent at sea, without providing more detailed explanations on this matter. The Committee asks the Government to take the necessary measures to extend the scope of application of the provisions of the Convention to vessels sailing less than 20 miles from the coast.
Article 3, paragraph 2(d). Penalties. The Committee notes the Government’s indications that withdrawal or suspension of the shipping licence is the most frequent penalty for violation of the provisions of the legislation giving effect to the Convention. It also notes section 6 of Act No. 83-581 of 5 July 1983 on the safety of life at sea, habitable conditions on board vessels and the prevention of pollution, which lays down penalties against any shipowner or skipper who infringes the provisions of international Conventions listed therein. The Committee notes that, among the ILO Conventions, only the Accommodation of Crews Convention (Revised), 1949 (No. 92) (not applicable to fishing vessels) is quoted, and not the Accommodation of Crews (Fishermen) Convention, 1966 (No. 126). The Committee asks the Government to state the reasons why Convention No. 126 is not included in this list.
Article 3, paragraph 2(e). Consultations. The Committee notes section 14(ii) of Decree No. 84-810 of 30 August 1984 concerning the safety of life at sea, habitable conditions on board vessels and the prevention of pollution, under the terms of which the Central Safety Committee shall be consulted by the minister responsible for the merchant marine on any relevant matter, in particular the habitable conditions of vessels. Moreover, it notes that, in conformity with section 15 of this decree, the Central Safety Committee includes in particular two representatives of the Central Committee of French Shipowners, one representative of the Union of French Fishing Vessel Owners and three representatives of the most representative trade unions of seafarers at national level. Given that express provision is made for the participation of one representative of the fishing vessel owners, the Committee asks the Government to indicate whether measures have been taken or are envisaged to ensure that representatives of fishermen’s organizations also participate.
Article 6, paragraph 8. Protection against vermin. The Committee notes section 215-1.03(5.1), of the regulations annexed to the above Order of 23 November 1987, under the terms of which internal bulkheads must be constructed in a material which is not likely to harbour vermin. The Committee asks the Government to indicate the measures taken to ensure that, for inside panelling or sheeting, tongued and grooved boarding or any other form of construction likely to harbour vermin is not used.
Article 6, paragraph 9. Protection against fire. The Committee notes that section 45 of the above Decree of 30 August 1984 lays down a number of conditions which must be met with regard to fire protection on vessels. It notes, however, that these provisions are not very detailed. The Committee asks the Government to indicate whether technical implementing regulations for this provision have been adopted and, if so, to send a copy of them.
Article 6, paragraph 11. Maintenance of inside walls. The Committee asks the Government to indicate which provisions provide that inside walls must be renewed or repaired in case of need.
Article 6, paragraph 16. Protection against insects. The Committee asks the Government to indicate which provisions provide that all possible measures must be taken to prevent flies and other insects from getting into crew accommodation.
Article 10, paragraph 2. Floor area per occupant in sleeping rooms. The Committee notes that, under section 215-1.07(2), of the Regulations annexed to the Order of 23 November 1987, for vessels of 500 gross registered tons or over, the space occupied by berths, lockers, tables and chairs is included in calculations of the minimum surface area for each occupant. It also notes that, under section 215-1.07(3), the minimum floor area for each occupant must not be less than 1.85 square metres on fishing vessels between 500 and 800 tons; 2.35 square metres on vessels between 800 and 3,000 tons; and 2.78 square metres on vessels of 3,000 tons or over.
The Committee draws the Government’s attention to the fact that the provisions of the Convention concerning the surface area of sleeping rooms per occupant lay down standards, with the area occupied by berths and lockers deducted. With regard to the size of berths provided for by French legislation, the Committee notes that the minimum surface area is 1.33 square metres (i.e 1.90 metres by 0.70 metres), in accordance with subsection 7.4 of section 215-1.07. On a fishing vessel between 500 and 800 gross registered tons, the minimum cabin area per occupant is, under French legislation, 1.85 square metres, namely, after deduction of the surface area occupied by the berth (1.33 square metres), a free surface area of 0.52 square metres. However, according to the Convention, the surface area per occupant of sleeping rooms on vessels of 250 tons or over, with the surface area occupied by berths and lockers deducted, must be at least 1 square metre. The rule laid down by the Convention does not therefore appear to be observed in respect of vessels between 500 and 800 tons. Consequently, the Committee asks the Government to provide clarifications in this respect and, if necessary, to contemplate measures in order to ensure observance of the provisions of the Convention concerning minimum surface area per occupant in cabins, with the area occupied by berths and lockers deducted.
Article 10, paragraph 4. Clear head room. The Committee notes that clear head room must be at least 1.98 metres in vessels of at least 500 tons (section 215‑1.07(4), of the Regulations annexed to the Order of 23 November 1987), but that this limit is fixed at only 1.83 metres in vessels under 500 tons (section 215‑1.08(4). The Committee reiterates that the clear head room for crew sleeping rooms must be at least 1.9 metres, wherever practicable. It asks the Government to indicate the measures that it envisaged taking in order to ensure the conformity of the national legislation with the provisions of the Convention on this point.
Article 10, paragraph 5. Number of sleeping rooms. The Committee notes that, under section 215-1.07(5) of the Regulations annexed to the Order of 23 November 1987, the number of sleeping rooms on board vessels of at least 500 tons must be sufficient to enable each category of crew to have one or more separate areas. The Committee asks the Government to indicate whether the equivalent provisions have been adopted for vessels under 500 tons.
Article 12, paragraph 7. Soil pipes and waste pipes. The Committee notes that the national legislation does not provide that soil pipes and waste pipes must not cross fresh water or drinking water tanks or, if practicable, must not pass overhead in mess rooms or sleeping accommodation. The Committee asks the Government to supply further information in this respect.
Article 13, paragraph 1. Sick bay. The Committee notes that, for vessels of at least 500 tons, section 215-1.12(1.1) and (1.8), of the Regulations annexed to the Order of 23 November 1987 lays down the obligation that only vessels having a crew of 12 persons or more and undertaking voyages of more than 48 hours are obliged to have a sick bay. It also notes that vessels not covered by this obligation which undertake voyages over 48 hours and whose crew do not have individual cabins must have an individual cabin enabling a sick or injured crew member to be isolated. The Committee reiterates that, in accordance with this provision of the Convention, all vessels of at least 500 tons must have a sick bay and asks the Government to take the necessary measures to bring its legislation into full conformity with the Convention on this point.
Article 13, paragraph 2. Medicine chest. The Committee notes that, for vessels of at least 500 tons, section 215-1.12(1.7), of the Regulations annexed to the Order of 23 November 1987 provides that medical and pharmaceutical supplies must be placed in a lockable closet. It notes, however, that the legislation does not state whether it is compulsory to have such a facility. Moreover, the Committee notes that the above regulations do not contain provisions concerning a medicine chest for vessels under 500 tons. The Committee asks the Government to indicate whether the obligation to have a medicine chest applies to all vessels. It also reminds the Government that the Convention lays down the obligation that the medicine chest must be accompanied by readily understandable instructions.
Article 16, paragraphs 1 to 4. Galley. The Committee notes that section 215-1.24 of the Regulations annexed to the Order of 23 November 1987 imposes certain rules with regard to equipment for the galley, but does not state that fishing vessels must have such installations. The Committee requests the Government to provide further information.
Article 16, paragraph 5. Refrigerators. The Committee notes that section 215-1.23 of the Regulations annexed to the Order of 23 November 1987 lays down the obligation to have appropriate means for the storage and conservation of foodstuffs and that section 215-1.22 lays down rules concerning the management of provision storerooms. The Committee asks the Government to indicate whether vessels must also have refrigerators for the conservation of foodstuffs.
Article 16, paragraph 6. Gas containers. The Committee asks the Government to indicate whether the legislation lays down the obligation that gas containers used for the galley must be placed on the open deck, as provided for by this provision of the Convention.
Part V of the report form. The Committee requests the Government to provide general information on the way in which the Convention is applied in practice, both in metropolitan France and in the overseas departments, by sending, for example, extracts from the reports of the maritime inspection services and also information concerning the number and nature of the contraventions reported and the measures taken to bring them to an end.
Moreover, the Committee draws the Government’s attention to the new Convention concerning work in the fishing sector, adopted by the International Labour Conference at its 96th Session (June 2007) which revises and updates most of the ILO instruments on fishing, including Convention No. 126. The Committee asks the Government to give all due attention to this new comprehensive instrument on the living and working conditions of fishermen and to keep the Office informed of any decision taken with a view to its possible ratification.
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 requests, which read as follows:
Article 1, paragraph 7, of the Convention. The Committee notes that the provisions of section 55 (III) of Decree No. 84-810 of 30 August 1984 and of section 1.05 of the regulations appended to the Order of 6 August 1971 empower the competent authority to grant exemptions, in certain circumstances, from the provisions concerning the accommodation of crews. It would be grateful if the Government would indicate whether any such exemptions have been granted and, if so, provide particulars thereof, in accordance with the provisions of the Convention.