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

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes with interest that on 12 February 2010, Croatia ratified the Maritime Labour Convention, 2006 (MLC, 2006). The entry into force for Croatia of the MLC, 2006, will result in the denunciation of, inter alia, the present Convention. Pending the entry into force of the MLC, 2006, however, the Committee will continue to examine the conformity of national legislation with the relevant requirements of the present Convention.

Articles 6–11, 13, 15 and 16 of the Convention. Crew accommodation requirements. In its previous comments, the Committee identified several crew accommodation requirements with respect to which no specific provision seems to exist in the national legislation. The Government has indicated that the relevant provisions of Part 20 of the Rules on technical supervision of seagoing ships of 1999 would be amended or supplemented to fully reflect the provisions of the Convention. In its latest report, the Government refers to new Rules for statutory certification of ships, also implementing Title 3 of the MLC, 2006, which should be introduced in early 2010. The Committee requests the Government to keep the Office informed of any progress made in the adoption of the new Rules and to transmit a copy once they have been adopted.

Part V of the report form. Practical application. The Committee requests the Government to give a general appreciation of the manner in which the Convention is applied in practice, including, for instance, information on the number of seafarers and ships covered by the measures giving effect to the Convention and extracts from reports of the inspection services showing the number and nature of any infringements observed and any difficulties encountered in the application of the Convention, as well as copies of official publications.

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

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.

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

The Committee notes the information communicated by the Government. However, it brings its attention to the following points.

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 thus requested the Government to provide additional information concerning this point. The Government report indicates that no change has been made. Consequently, 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 consequently requested the Government to indicate the penalties applicable. The Government’s report indicates that no change has been made. Consequently, 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 it 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 it 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 it 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 it 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 Croat 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 it 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 it 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 it 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 it 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 in its report 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 it 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 it 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 it informed of developments regarding the revision process.

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

The Committee notes the report of the Government. It asks the Government to provide further information on the following points.

Article 1, paragraph 2, of the Convention. Please indicate specific provisions of the national legislation determining when vessels are to be regarded as seagoing vessels.

Article 1, paragraph 3(d). Please indicate whether Part 20 of the Rules on the Technical Supervision of Sea-Going Ships is applicable to tugs.

Article 3, paragraphs 2(b), 2(c) and 2(e). Please indicate specific provisions of the national legislation giving effect to these provisions of the Convention.

Article 4, paragraph 2. Please indicate whether plans of the ship shall be subsequently submitted for approval to the authority in the case of emergency or temporary alterations or reconstruction of the ship effected outside the territory of registration.

Article 5, paragraph (a). The Committee asks the Government to clarify whether on every occasion when the ship is registered or re-registered, the Register shall inspect the ship and satisfy itself that the crew accommodation complies with the requirements of Part 20 of the Rules on the Technical Supervision of Sea-Going Ships.

Article 6, paragraph 2. Please indicate whether national legislation prohibits the existence of direct openings into sleeping rooms from galleys, lamp and paint rooms, the engine, storerooms, drying rooms, communal wash places or water closets.

Article 6, paragraph 5. Please indicate provisions of the national legislation giving effect to this provision of the Convention.

Article 6, paragraph 6. Please indicate provisions of the national legislation prohibiting that steam and exhaust pipes pass through crew accommodation, and requiring that they shall be adequately insulated and encased when they pass through alleyways leading to crew accommodation.

Article 6, paragraph 8. Please indicate to what extent fire-prevention and fire-retarding measures are required to be taken in the construction of the accommodation.

Article 6, paragraphs 10, 12 and 13. Please indicate provisions of the national legislation giving effect to these provisions of the Convention.

Article 7, paragraph 3. Please indicate provisions of the national legislation concerning the means of ventilation on ships regularly engaged on voyages in the tropics and the Persian Gulf.

Article 7, paragraph 5. Please indicate provisions of the national legislation giving effect to this provision of the Convention.

Article 8, paragraphs 2-4. Please indicate provisions of the national legislation giving effect to these provisions of the Convention.

Article 9, paragraph 1. The Committee asks the Government to indicate in which exceptional cases dispensation from the requirements of the natural light law has been granted in accordance with section 3.13.1 of Part 20 of the Rules on the Technical Supervision of Sea-Going Ships.

Article 9, paragraph 3. Please indicate provisions of the national legislation giving effect to this provision of the Convention.

Article 10, paragraph 1. Please indicate provisions of the national legislation prescribing that sleeping rooms shall be situated above the load line amidships or aft.

Article 10, paragraph 3. Please indicate provisions of the national legislation prohibiting the location of sleeping rooms immediately beneath working alleys.

Article 10, paragraphs 8, 9(a), 11, 12, 18, 24 and 28. Please indicate how effect is given to these provisions of the Convention.

Article 10, paragraphs 17 and 19. Please indicate whether national legislation contains provisions prescribing material of which berths and mattresses shall be made.

Article 11, paragraph 3. The Committee asks the Government to indicate whether in ships of 1,000 tons and over, separate mess room accommodation shall be provided for: (a) master and officers; (b) deck department petty officers and other ratings; and (c) engine department petty officers and other ratings.

Article 11, paragraphs 4 and 8. Please indicate provisions of the national legislation giving effect to these provisions of the Convention.

Article 12, paragraph 1. The Committee notes that while under Article 12, paragraph 1, of the Convention, a space or spaces to which the crew can have access when off duty shall be provided on an open deck in all ships, section 3.4.11(2) of Part 20 of the Rules on the Technical Supervision of Sea-Going Ships prescribes a recreation space on the open upper deck only for ships on unlimited navigation and coastal ships on long navigation. The Committee asks the Government to indicate whether it considers making changes to this provision of the Rules in order to bring them into conformity with the Convention on this point.

Article 13, paragraph 2. Please indicate provisions of the national legislation prescribing the number of water closets in relation to the tonnage of the ship.

Article 13, paragraph 6. Please clarify whether the organization of shipowners and the recognised bona fide trade unions of seafarers have been consulted with respect to the fixing of the maximum amount of fresh water which the shipowner may be required to supply per person per day.

Article 13, paragraph 7. Please indicate provisions of the national legislation concerning material that shall be used for the construction of wash basins and bath tubs.

Article 13, paragraph 8. The Committee notes that while under Article 13, paragraph 8, of the Convention, all water closets shall have ventilation to the open air, independently of any other part of the accommodation, section 3.15.12 of Part 20 of the Rules on the Technical Supervision of Sea-Going Ships provides that the ventilation of the sanitary accommodations of the living accommodations (including water closets, showers, washing rooms and laundry rooms, drying rooms and rooms for ironing) can also serve for the ventilation of the laundry chamber, the location of the transformer and other locations of that type. The Committee asks the Government to indicate whether it considers making changes to this provision of the Rules in order to bring them into conformity with the Convention on this point.

Article 13, paragraphs 9 and 11(e). Please indicate provisions of the national legislation giving effect to these provisions of the Convention.

Article 14, paragraph 1. The Committee asks the Government to clarify whether the meaning of the terms "unlimited navigation" and "coastal ships on long navigation" used in section 3.10.4 of Part 20 of the Rules on the Technical Supervision of Sea-Going Ships is equivalent to the meaning of the term "voyage of more than three days", used in Article 14, paragraph 1, of the Convention.

Article 15, paragraph 2. Please indicate provisions of the national legislation giving effect to this provision of the Convention.

Article 16, paragraph 3. Please indicate provisions of the national legislation giving effect to this provision of the Convention.

Article 16, paragraph 5. The Committee asks the Government to provide information on the consultations with the recognized bona fide trade unions of seafarers concerned and the organizations of shipowners and/or the shipowners employing them which may have taken place pursuant to this provision of the Convention.

Article 17, paragraphs 1 and 2. The Committee asks the Government to provide information on provisions of the national legislation giving effect to these provision of the Convention.

Article 18. The Committee asks the Government to provide information  whether the competent authority has required certain modifications to be made in ships in the various cases covered by this Article and, in particular, when: (a) ship is re-registered; (b) substantial structural alterations or major repairs are made, in the circumstances mentioned in paragraph 2.

Part V of the report form. Please give a general appreciation of the manner in which the Convention is applied in Croatia.