Accommodation of Crews (Fishermen) Convention, 1966 (No. 126) - Montenegro (Ratification: 2006)

Direct Request (CEACR) - adopted 2024, published 113rd ILC session (2025)

In order to provide an overview of the issues relating to the application of conventions related to fishing, the Committee considers it helpful to examine them in a single comment as follows.

Fishermen ’ s Articles of Agreement Convention, 1959 (No. 114)

Articles 1 and 2 of the Convention. Implementing legislation. In reply to its previous comments, the Committee notes the Government’s reference to the Law on Maritime Safety Navigation, which regulates the requirements for maritime facilities, crew and vessels navigating in the internal and territorial waters of Montenegro. The Committee notes that this indication is not relevant in the context of fishermen’s articles of agreement. The Committee therefore requests the Government to indicate the measures taken or envisaged to ensure that fishers engaged in domestic voyages are also covered by the provisions of the Convention.

Article 3. Signature of the articles of agreement. In reply to its previous comment, the Committee notes that the Government has not provided any information on the conditions which have been prescribed for the signature of the agreement to ensure adequate supervision by the competent public authority in accordance with Article 3(2) and (3). The Committee therefore requests the Government to indicate the conditions which have been prescribed for the signature of the agreement to ensure adequate supervision by the competent public authority in accordance with Article 3(2) and (3).

Article 4. Non-departure from the rules as to jurisdiction over the agreement. In reply to its previous comment, the Committee notes the Government’s reference to section 153 of the Law on Maritime Safety Navigation and observes that this provision is not relevant in the context of the requirements of this provision of the Convention. The Committee therefore requests the Government to indicate the measures taken or envisaged to give effect to this Article of the Convention.

Article 6. Particulars of the agreement. In reply to its previous comment, the Committee notes the Government’s reference to section 31 of the Labor Law which prescribes contents of the labour contract in general and not the specific particulars related to fishermen’s articles of agreement. The Committee requests the Government to indicate which provisions of the legislation require the following to be included in the fisher’s articles of agreement: (a) the surname and other names of the fisher, the date of his birth or his age, and his birthplace; (b) the place at which and date on which the agreement was completed; (c) the name of the fishing vessel or vessels on board which the fisher undertakes to serve; (d) the voyage or voyages to be undertaken, if this can be determined at the time of making the agreement; and (e) the amount of his wages, or the amount of his share and the method of calculating such share.

Article 7. List of crew. In reply to its previous comment the Committee notes the Government’s reference to section 30 of the Law on Maritime Safety Navigation dealing with port arrival and departure of the ships. The Committee observes that this provision is not relevant in the context of this provision of the Convention. The Committee requests the Government to indicate whether there are any provisions which envisage the recording of fishers’ articles of agreement in the list of crew and, if so, to provide a copy of any relevant text.

Accommodation of Crews (Fishermen) Convention, 1966 (No. 126)

Article 3(2) of the Convention. Inspections, penalties and periodic consultations. In reply to its previous comment, the Committee notes the Government’s indication that the revision of Law on Maritime Safety Navigation is scheduled for the year 2024. While noting this information, the Committee requests that Government to take without delay the necessary measures to give full effect to this provision of the Convention, indicating in particular the laws and regulations providing for: (a) the maintenance of a system of inspection adequate to ensure effective enforcement; (b) penalties prescribed for the violation thereof; and (c) periodic consultations with the fishing vessel owners’ and fishermen’s organizations, where such exist, in regard to the framing of regulations, and collaboration so far as practicable with such parties in the administration thereof. The Committee further requests the Government to provide the text of the revised Law on Maritime Safety Navigation once adopted.

Articles 4 and 5. Planning and control of crew accommodation. In reply to its previous comment, the Committee notes the Government’s indication that detailed information on crew accommodation prior to the construction or substantial modification or reconstruction of a fishing vessel is submitted to the Technical Inspectorate of the Maritime Safety Administration for approval, which inspects each fishing vessel before the first or renewal of registration, or when the crew accommodation on the vessel is significantly changed as well as upon complaints from crew members and from time to time at their discretion. The Committee requests the Government to indicate the measures implementing Articles 4 and 5. It further requests the Government to specify the national provisions laying down a procedure for handling complaints concerning crew accommodation on fishing vessels.

Articles 10(2), (9), (10); 12(4), (5), (8)(e); 14 and 16(6). Floor area per occupant in sleeping rooms. Maximum number of persons to be accommodated in any sleeping room. Individual berths. Technical characteristics of sanitary facilities. Ventilation. Water closets. Cooking. In reply to its previous comments, the Committee notes the Government’s indication that it has foreseen to amend the applicable legislation. It further notes that in the absence of national regulation or when a national provision is contrary to international instruments, such as the MLC, 2006 and other ILO conventions, the provisions of the corresponding Convention are directly applied in accordance with section 9 of the Constitution of Montenegro. The Committee requests the Government to take without delay the necessary measures to ensures full compliance with the provisions of the Convention and forward a copy of the amended text of the relevant legislation once it has been adopted.

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

The Committee notes with concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments.

Repetition

Implementing legislation. The Committee had noted in its previous comments the Government’s indication that the provisions of the Convention would be implemented pursuant to a by-law to the Law on Maritime Safety Navigation (hereinafter, referred to as “the Law on Maritime Safety”). The Committee notes with interest in this regard that the Rulebook on detailed conditions for work protection and accommodation of crew and other persons on the vessel (OGM 82/16, hereinafter, referred to as “the Rulebook”), has been adopted under section 49, paragraph 4, of the Law on Maritime Safety.

Article 3(2). Inspections, penalties and periodic consultations. Noting that the Government has not provided information in this regard, the Committee requests the Government to indicate to indicate how it gives effect to these provisions of the Convention.

Articles 4 and 5 Planning and control of crew accommodation. Noting that the Government has not provided information in this regard, the Committee requests the Government to indicate how it gives effect to Articles 4 and 5 of the Convention.

Article 10(2). Floor area per occupant in sleeping rooms. The Committee notes that section 34 of the Appendix to the Rulebook, which deals, inter alia, with the technical characteristics of sleeping rooms, does not comply with the requirements of the Convention. The Committee therefore requests the Government to provide information on the measures taken or envisaged to ensure full compliance with this Article of the Convention, and to clarify the maximum number of crewmembers who may be accommodated in “double cabins” on board shipping vessels.

Article 10(9). Maximum number of persons to be accommodated in any sleeping room. The Committee notes section 32.13 of the Appendix to the Rulebook, which provides that all the doors of the premises bear signs indicating their purpose. It recalls, however, that this Article of the Convention requires that the maximum number of persons to be accommodated in any sleeping room shall be marked both legibly and indelibly where it can conveniently be seen. The Committee therefore requests the Government to indicate how full effect is given to this Article of the Convention.

Article 10(10). Individual berths. The Committee recalls that the Convention specifically requires that members of the crew shall be provided with individual berths. Noting that this requirement is not specifically addressed in the relevant legislation, the Committee requests the Government to explain how it ensures full compliance with this Article of the Convention.

Article 12(4). Technical characteristics of sanitary facilities. The Committee notes that section 36.7 of the Appendix to the Rulebook deals with technical characteristics of sanitary facilities. It notes, however, that the said section does not provide for washbasins and tub baths to be of adequate size and constructed of approved material with a smooth surface not liable to crack, flake or corrode, as required by this Article of the Convention. The Committee requests the Government to indicate the measures taken or envisaged to ensure full compliance with this Article of the Convention.

Articles 12(5) and 14. Ventilation. The Committee notes that section 46 of the Appendix to the Rulebook deals with ventilation on board fishing vessels. Nonetheless, the Committee notes that the existing legislation does not require that: (a) all water closets have ventilation to the open air, independently of any other part of the accommodation (Article 12(5) of the Convention); and (b) sufficient and adequately ventilated accommodation for the hanging of oilskins be provided outside, but convenient to the sleeping rooms (Article 14). The Committee requests the Government to indicate how it ensures compliance with these Articles of the Convention.

Article 12(8)(e). Water closets. The Committee notes that section 36 of the Appendix to the Rulebook provides for water closets on board. It also notes, however, that the current legislation does not require that, where there is more than one water closet in a compartment, they shall be sufficiently screened to ensure privacy, as required by the Convention. The Committee requests the Government to indicate how it ensures full compliance with this Article of the Convention.

Article 16(6). Cooking. The Committee notes section 38 of the Appendix to the Rulebook, which deals with household premises, including galleys on board shipping vessels. The Committee notes, however, that no specific reference is made to cooking methods. Recalling that, as required by this Article of the Convention, where butane or propane gas is used for cooking purposes in the galley, the gas containers shall be kept on the open deck, the Committee requests the Government to explain how full compliance is ensured with this Article of the Convention.

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Implementing legislation. The Committee had noted in its previous comments the Government’s indication that the provisions of the Convention would be implemented pursuant to a by-law to the Law on Maritime Safety Navigation (hereinafter, referred to as “the Law on Maritime Safety”). The Committee notes with interest in this regard that the Rulebook on detailed conditions for work protection and accommodation of crew and other persons on the vessel (OGM 82/16, hereinafter, referred to as “the Rulebook”), has been adopted under section 49, paragraph 4, of the Law on Maritime Safety.

Article 3(2). Inspections, penalties and periodic consultations. Noting that the Government has not provided information in this regard, the Committee requests the Government to indicate to indicate how it gives effect to these provisions of the Convention.

Articles 4 and 5 Planning and control of crew accommodation. Noting that the Government has not provided information in this regard, the Committee requests the Government to indicate how it gives effect to Articles 4 and 5 of the Convention.

Article 10(2). Floor area per occupant in sleeping rooms. The Committee notes that section 34 of the Appendix to the Rulebook, which deals, inter alia, with the technical characteristics of sleeping rooms, does not comply with the requirements of the Convention.The Committee therefore requests the Government to provide information on the measures taken or envisaged to ensure full compliance with this Article of the Convention, and to clarify the maximum number of crewmembers who may be accommodated in “double cabins” on board shipping vessels.

Article 10(9). Maximum number of persons to be accommodated in any sleeping room. The Committee notes section 32.13 of the Appendix to the Rulebook, which provides that all the doors of the premises bear signs indicating their purpose. It recalls, however, that this Article of the Convention requires that the maximum number of persons to be accommodated in any sleeping room shall be marked both legibly and indelibly where it can conveniently be seen.The Committee therefore requests the Government to indicate how full effect is given to this Article of the Convention.

Article 10(10). Individual berths. The Committee recalls that the Convention specifically requires that members of the crew shall be provided with individual berths.Noting that this requirement is not specifically addressed in the relevant legislation, the Committee requests the Government to explain how it ensures full compliance with this Article of the Convention.

Article 12(4). Technical characteristics of sanitary facilities. The Committee notes that section 36.7 of the Appendix to the Rulebook deals with technical characteristics of sanitary facilities. It notes, however, that the said section does not provide for washbasins and tub baths to be of adequate size and constructed of approved material with a smooth surface not liable to crack, flake or corrode, as required by this Article of the Convention.The Committee requests the Government to indicate the measures taken or envisaged to ensure full compliance with this Article of the Convention.

Articles 12(5) and 14. Ventilation The Committee notes that section 46 of the Appendix to the Rulebook deals with ventilation on board fishing vessels. Nonetheless, the Committee notes that the existing legislation does not require that: (a) all water closets have ventilation to the open air, independently of any other part of the accommodation (Article 12(5)of the Convention); and (b) sufficient and adequately ventilated accommodation for the hanging of oilskins be provided outside, but convenient to the sleeping rooms(Article 14).The Committee requests the Government to indicate how it ensures compliance with these Articles of the Convention.

Article 12(8)(e). Water closets. The Committee notes that section 36 of the Appendix to the Rulebook provides for water closets on board. It also notes, however, that the current legislation does not require that, where there is more than one water closet in a compartment, they shall be sufficiently screened to ensure privacy, as required by the Convention.The Committee requests the Government to indicate how it ensures full compliance with this Article of the Convention.

Article 16(6). Cooking. The Committee notes section 38 of the Appendix to the Rulebook, which deals with household premises, including galleys on board shipping vessels. The Committee notes, however, that no specific reference is made to cooking methods.Recalling that, as required by this Article of the Convention, where butane or propane gas is used for cooking purposes in the galley, the gas containers shall be kept on the open deck, the Committee requests the Government to explain how full compliance is ensured with this Article of the Convention.

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

Implementing legislation. The Committee had noted in its previous comments the Government’s indication that the provisions of the Convention would be implemented pursuant to a by-law to the Law on Maritime Safety Navigation (hereinafter, referred to as “the Law on Maritime Safety”). The Committee notes with interest in this regard that the Rulebook on detailed conditions for work protection and accommodation of crew and other persons on the vessel (OGM 82/16, hereinafter, referred to as “the Rulebook”), has been adopted under section 49, paragraph 4, of the Law on Maritime Safety.

Article 3(2). Inspections, penalties and periodic consultations. Noting that the Government has not provided information in this regard, the Committee requests the Government to indicate to indicate how it gives effect to these provisions of the Convention.

Articles 4 and 5 Planning and control of crew accommodation. Noting that the Government has not provided information in this regard, the Committee requests the Government to indicate how it gives effect to Articles 4 and 5 of the Convention.

Article 10(2). Floor area per occupant in sleeping rooms. The Committee notes that section 34 of the Appendix to the Rulebook, which deals, inter alia, with the technical characteristics of sleeping rooms, does not comply with the requirements of the Convention. The Committee therefore requests the Government to provide information on the measures taken or envisaged to ensure full compliance with this Article of the Convention, and to clarify the maximum number of crewmembers who may be accommodated in “double cabins” on board shipping vessels.

Article 10(9). Maximum number of persons to be accommodated in any sleeping room. The Committee notes section 32.13 of the Appendix to the Rulebook, which provides that all the doors of the premises bear signs indicating their purpose. It recalls, however, that this Article of the Convention requires that the maximum number of persons to be accommodated in any sleeping room shall be marked both legibly and indelibly where it can conveniently be seen. The Committee therefore requests the Government to indicate how full effect is given to this Article of the Convention.

Article 10(10). Individual berths. The Committee recalls that the Convention specifically requires that members of the crew shall be provided with individual berths. Noting that this requirement is not specifically addressed in the relevant legislation, the Committee requests the Government to explain how it ensures full compliance with this Article of the Convention.

Article 12(4). Technical characteristics of sanitary facilities. The Committee notes that section 36.7 of the Appendix to the Rulebook deals with technical characteristics of sanitary facilities. It notes, however, that the said section does not provide for washbasins and tub baths to be of adequate size and constructed of approved material with a smooth surface not liable to crack, flake or corrode, as required by this Article of the Convention. The Committee requests the Government to indicate the measures taken or envisaged to ensure full compliance with this Article of the Convention.

Articles 12(5) and 14. Ventilation The Committee notes that section 46 of the Appendix to the Rulebook deals with ventilation on board fishing vessels. Nonetheless, the Committee notes that the existing legislation does not require that: (a) all water closets have ventilation to the open air, independently of any other part of the accommodation (Article 12(5) of the Convention); and (b) sufficient and adequately ventilated accommodation for the hanging of oilskins be provided outside, but convenient to the sleeping rooms (Article 14). The Committee requests the Government to indicate how it ensures compliance with these Articles of the Convention.

Article 12(8)(e). Water closets. The Committee notes that section 36 of the Appendix to the Rulebook provides for water closets on board. It also notes, however, that the current legislation does not require that, where there is more than one water closet in a compartment, they shall be sufficiently screened to ensure privacy, as required by the Convention. The Committee requests the Government to indicate how it ensures full compliance with this Article of the Convention.

Article 16(6). Cooking. The Committee notes section 38 of the Appendix to the Rulebook, which deals with household premises, including galleys on board shipping vessels. The Committee notes, however, that no specific reference is made to cooking methods. Recalling that, as required by this Article of the Convention, where butane or propane gas is used for cooking purposes in the galley, the gas containers shall be kept on the open deck, the Committee requests the Government to explain how full compliance is ensured with this Article of the Convention.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Articles 1 to 3 of the Convention. Implementing legislation. The Committee notes the Government’s indication that the provisions of the Convention will be implemented pursuant to a by-law to the draft Law on safety navigation, under section 49 of that Law, and which will, among others, regulate the structural and technical requirements of ships, including safety and accommodation, as well as technical conditions for ro-ro passenger ships and high-speed passenger vessels. The Committee requests the Government to transmit a copy of the Law on safety navigation, including any by-laws and other regulations that are relevant to the provisions of the Convention, once finalized. The Committee also requests the Government to describe, within the context of drafting and reviewing its legislation, how it ensures consultation with the fishing-vessel owners’ and fishermen’s organizations, where such exist.