Solicitud directa (CEACR) - Adopción: 2011, Publicación: 101ª reunión CIT (2012)

Convenio sobre el certificado de marinero preferente, 1946 (núm. 74) - España (Ratificación : 1971)

The Committee notes that Spain has ratified the Maritime Labour Convention, 2006 (MLC, 2006), which revises Convention No. 74 together with 36 other international maritime labour Conventions. It recalls that, in the course of the negotiations that led to the adoption of the MLC, 2006, it was agreed that the responsibility for the training and certification requirements for able seafarers, except for ships’ cooks, should be transferred to the International Maritime Organization (IMO). However, since no provisions concerning conditions of certification of able seafarers had been adopted by the IMO at the time of the adoption of the MLC, 2006, and in order to avoid gaps in protection, Regulation 1.3(4) of the MLC, 2006, provides that any member State which, at the time of ratification of that Convention, is bound by Convention No. 74, must continue to carry out the obligations under the latter unless and until mandatory provisions on this matter have been adopted by the IMO and entered into force, or until five years have elapsed since the entry into force of the MLC, 2006, whichever date is earlier. The Committee notes that the Manila amendments to the IMO Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978 (STCW) and Code, adopted in June 2010 and due to enter into force on 1 January 2012, contain in Regulation II/5 new requirements for certification of ratings as able seafarer deck. The Committee therefore draws the Government’s attention to the fact that, pending the entry into force of the MLC, 2006, for Spain, it will continue to supervise compliance with the requirements of Convention No. 74.

Article 1 of the Convention. Conditions required for engagement of a seafarer on board a ship as able seafarer. The Committee notes the Government’s indication according to which the title of “able seafarer” is not used in the Spanish legislation, and that the only two existing titles are “seafarers of merchant shipping–deck” and “seafarers of merchant shipping–engineering”. It also notes the adoption of Royal Decree No. 973/2009 of 12 June 2009 regulating professional titles in merchant shipping, which provides for, among others, the conditions of certification for the two titles mentioned above, and whose text is based on the provisions of the STCW Convention prior to the adoption of the Manila amendments. The Committee requests the Government to keep the Office informed of any developments made in the field of certification of able seafarers deck in application of Regulation II/5 of the Manila amendments to the STCW Convention, and where appropriate, to communicate copies of any relevant legal provisions.