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Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee notes the reports provided by the Government on the application of the maritime Conventions. With a view to providing an overview of the matters raised in relation to the application of these Conventions, the Committee considers it appropriate to examine them in a single comment, as follows.
The Committee notes that, based on the recommendations of the Special Tripartite Committee established under the Maritime Labour Convention, 2006, as amended (MLC, 2006), the Governing Body has decided that member States for which Convention No. 23 is in force should be encouraged to ratify the MLC, 2006 (see GB.334/LILS/2). In this context, the Committee requests the Government to provide information on any future developments concerning the ratification of the MLC, 2006.

Repatriation of Seamen Convention, 1926 (No. 23)

Implementing legislation and other measures. In its previous comments, the Committee had requested the Government to identify the legislation implementing the requirements of the Convention and to provide an example of a relevant collective agreement setting out the conditions that apply to repatriation. The Committee notes that the Government does not provide a reply to this request nor does it submit any additional information. The Committee notes that section 48.21 of the Merchant Shipping Code of Azerbaijan stipulates, in relation to shipowners’ liability, that any shipowner should provide for the members of the crew salaries and other sums to be paid to them as well as repatriation expenses. It further notes that according to section 195 of the same Code, salaries and other amounts to be paid to the captain and crew members, including repatriation cost, shall be subject to insurance. The Committee has not identified any other legal provision giving effect to the Convention. Noting that the Government has not transmitted a copy of the relevant collective agreement nor indicated any other national legislation giving effect to the provisions of the Convention, the Committee requests the Government to adopt without delay the necessary measures to implement the Convention.

Accommodation of Crews Convention (Revised), 1949 (No. 92)

Article 3 of the Convention. Implementing legislation. The Committee requested the Government to indicate the measures taken to give effect to several provisions of the Convention regarding specific aspects of crew accommodation (Article 6(2). Design and construction; Article 10(1). Sleeping rooms to be situated above the load line amidships or aft; Articles 11(1), 12(1) and 13(12). Mess rooms, open decks and washing/drying facilities; Article 15(2). Office space). The Committee notes the Government’s indication in this regard that international agreements to which the Republic of Azerbaijan is a party are an integral part of the law of the country. It further notes that the Government states that Parts II, III and IV of the Convention are given effect through its direct application.
Article 5. Ship inspection in case of complaint. The Committee requested the Government to specify the provisions that require an inspection of the crew accommodation of a ship every time a complaint is submitted by a seafarers’ organization. The Committee notes that any complaint about unsuitable crew accommodation is made to the port State control (PSC) inspectors or flag State control (FSC) inspectors or to the port master. If a complaint is received stating that the crew accommodation does not comply with the requirements of the Convention, the vessel is examined by PSC or FSC inspectors in line with the requirements of the Convention. While noting this information, the Committee requests the Government to indicate the applicable national provisions implementing the PSC and FSC systems of inspections.
Article 13(5). Sanitary facilities – exceptions. The Committee previously noted that sections 2.9.1.1 and 2.9.1.5 of the Sanitary Rules permitted the possible reduction in the number of sanitary facilities in ships engaged on voyages of not more than eight hours’ duration. It also recalled, however, that Article 13(5) of the Convention authorizes special arrangements or a reduction in the number of facilities required only for passenger vessels normally engaged on voyages of not more than four hours’ duration. The Committee once again requests the Government to take the necessary steps in order to bring the provisions of the Sanitary Rules into line with the Convention.

Accommodation of Crews (Supplementary Provisions) Convention, 1970 (No. 133)

Article 3 of the Convention. Implementing legislation. The Committee requested the Government to indicate the measures taken to give effect to some provisions of the Convention regarding specific aspects of crew accommodation, namely (Article 7(2). Recreation accommodation, bookcase and facilities for reading, writing and games; and Article 8(6). Facilities for washing, drying and ironing). The Committee notes the Government’s indication in this regard that in accordance with article 148(2) of the Constitution, international agreements to which the Republic of Azerbaijan is a party are an integral part of the law of the country. It further notes that the Government states that Part II of the Convention is given effect through its direct application.

Prevention of Accidents (Seafarers) Convention, 1970 (No. 134)

Article 3 of the Convention. Research undertaken into general trends as brought out by statistics. In its previous comments, the Committee noted the Government’s statement that a Maritime Investigations Department would be created within the Maritime Administration. It requested the Government to provide information on this Department once established, as well as the findings resulting from the research in relation to general trends as are brought out by statistics on hazards due to maritime employment. In its reply, the Government indicates that as a result of the establishment of a Maritime Research Department within the Maritime Administration, work in this area is currently in progress. The Committee requests the Government to provide information on the work of the Department and on any findings resulting from that work in relation to the prevention of accidents.
Article 7. Accident prevention committee. The Committee requested the Government to indicate the legislation giving effect to this Article of the Convention. The Committee notes the Government’s indication that this provision is given effect by the Service on Sea-going Ships Regulations of Azerbaijan, approved by Decision No. 83 of the Cabinet of Ministers on 20 May 2000.

Merchant Shipping (Minimum Standards) Convention, 1976 (No. 147)

The Committee notes with regret that the Government’s report contains no reply to its previous comments. It hopes that the next report will include full information on the following matters raised in its previous direct request.
Article 2(a)(ii) of the Convention. Social security measures. Noting that the Government did not respond to its previous request on this point, the Committee requests once again the Government to determine which of the three Conventions – that is, the Shipowners’ Liability (Sick and Injured Seamen) Convention, 1936 (No. 55), the Sickness Insurance (Sea) Convention, 1936 (No. 56), or the Medical Care and Sickness Benefits Convention, 1969 (No. 130) – it intends to apply for the purposes of this Convention.
Article 2(a)(iii). Shipboard conditions of employment. Articles of agreement. In its previous comments, the Committee noted that the Merchant Shipping Code of 22 June 2001 is silent as regards the issuance of seafarers’ records of employment. In the absence of a reply, the Committee therefore requests the Government once again to clarify how substantial equivalence is ensured with Article 5 of the Seamen’s Articles of Agreement Convention, 1926 (No. 22), which provides that every seafarer must be given a document containing a record of employment on board the vessel and that this document should not contain any statement as to the quality of the seafarer’s work or the amount of the seafarer’s wages.
Article 2(d)(ii). Complaints with respect to engagement of seafarers. Further to its previous comments, the Committee notes the Government’s statement that Article 2(d) of the Convention is implemented through provisions of the Labour Code, without however making any reference to specific provisions. The Committee recalls that pursuant to Article 2(d)(ii), Members should ensure that adequate procedures exist for the investigation of any complaint made in connection with and, if possible, at the time of the engagement in its territory of seafarers of its own nationality on ships registered in a foreign country, and that such complaint, as well as any complaint made in connection with and, if possible, at the time of the engagement in its territory of foreign seafarers on ships registered in a foreign country, is promptly reported by its competent authority to the competent authority of the country in which the ship is registered, with a copy to the Director-General of the ILO. The Committee requests the Government to provide clarification as to which specific provision of national legislation implements the requirements under Article 2(d)(ii) of the Convention and to describe the existing procedures, if any, for the examination of complaints made in connection with the engagement in its territory of seafarers, both nationals and non-nationals, on foreign-registered ships.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

In order to provide a comprehensive view of the issues to be addressed in relation to the application of maritime Conventions, the Committee considers it appropriate to examine these issues in a single comment, as follows.
Repatriation of Seamen Convention, 1926 (No. 23). Implementing legislation and other measures. The Committee notes from the Government’s report that the destinations and other elements relating to repatriation are set out in collective agreements and that shipowners are responsible for these costs and must also have in place insurance to cover these costs. The Committee requests the Government to identify the legislation implementing these requirements and to provide an example of a relevant collective agreement setting out the conditions that apply to repatriation.
Accommodation of Crews Convention (Revised), 1949 (No. 92). The Committee notes that the Government’s report contains no reply to its previous comments. It hopes that the next report will include full information on the following matters raised in its previous direct request:
Article 3 of the Convention. Implementing legislation. The Committee requests once again the Government to provide additional explanations on any consultations with shipowners’ and seafarers’ organizations concerning the framing and administration of regulations related to crew accommodation, and also to transmit the text of any new laws or regulations that may be adopted on these matters.
Article 5. Ship inspection in case of complaint. The Committee requests again the Government to specify the legal provisions that require an inspection of the crew accommodation of a ship every time that a complaint is submitted by a seafarers’ organization.
Article 6(2). Design and construction. The Committee requests once again the Government to indicate what provisions prohibit direct openings into sleeping rooms from spaces for cargo and machinery or from galleys, lamp and paint rooms or from engine deck and other bulk storerooms, drying rooms, communal wash places or water closets.
Article 10(1). Sleeping rooms. The Committee requests the Government to indicate the legal provisions providing that sleeping rooms shall be situated above the load line amidships or aft.
Articles 11(1), 12(1) and 13(12). Mess rooms, open decks and washing/drying facilities. The Committee previously noted that sections 2.3.1, 2.6.1 and 2.8.1 of the Sanitary Rules did not provide for mess rooms, open deck area for recreation of crew, and washing and drying facilities for all ships, as prescribed by these Articles of the Convention. The Committee accordingly requests the Government to take appropriate action in order to bring its legislation into conformity with the Convention.
Article 13(5). Sanitary facilities – exceptions. The Committee previously noted that sections 2.9.1.1 and 2.9.1.5 of the Sanitary Rules permitted the possible reduction in the number of sanitary facilities in ships engaged on voyages of not more than eight hours’ duration. It also recalled, however, that Article 13(5) of the Convention authorizes special arrangements or a reduction in the number of facilities required only for passenger vessels normally engaged on voyages of not more than four hours’ duration. The Committee once again requests the Government to take the necessary steps in order to bring the provisions of the Sanitary Rules into line with the Convention.
Article 15(2). Office space. The Committee requests the Government to indicate the legal provision providing that in ships of over 3,000 tons, one room for the deck department and one room for the engine department shall be provided and equipped for use as an office.
Practical application. The Committee requests the Government to supply information on the practical application of the Convention, including for instance, information on the number of seafarers and ships covered by the measures giving effect to the Convention, inspection results showing the number and nature of deficiencies observed in the field of crew accommodation, as well as copies of inspection forms and checklists currently in use.
Accommodation of Crews (Supplementary Provisions) Convention, 1970 (No. 133). The Committee notes that the Government’s report contains no reply to its previous comments. It hopes that the next report will include full information on the following matters raised in its previous comments.
Article 7(2). Recreation accommodation. The Committee requests once again the Government to indicate how it is ensured that furnishings for recreation accommodation include as a minimum a bookcase and facilities for reading, writing and games.
Article 8(6). Facilities for washing, drying and ironing. The Committee requests once again the Government to indicate how it is ensured that all ships have facilities for washing, drying and ironing clothes.
Practical application. The Committee requests the Government to provide information on the practical application of the Convention, including, for instance, information on the number of seafarers and ships covered by the measures giving effect to the Convention, inspections results, relevant clauses of collective agreements or any difficulties encountered in the application of the Convention.
Prevention of Accidents (Seafarers) Convention, 1970 (No. 134). Article 3. Research undertaken into general trends as are brought out by statistics. The Committee notes the Government’s statement in its report that a Maritime Investigations Department will be established within the Maritime Administration. The Committee requests the Government to provide information on the Maritime Investigations Department once it has been established, as well as the findings resulting from the research in relation to general trends as are brought out by statistics on hazards due to maritime employment.
Article 7. Accident prevention committee. The Committee requests the Government to indicate the legislation giving effect to this Article of the Convention, and to provide copies of the relevant legal texts.
Article 8. Programmes for the prevention of occupational accidents. The Committee notes the Government’s statement that the major shipping companies in the country participate in the implementation of programmes for the prevention of occupational accidents, which are under the control of the Maritime Administration. The Committee accordingly requests the Government to provide detailed information on the programmes established in this respect, indicating the manner in which the cooperation and participation of shipowners, seafarers, and their organizations, as well as other interested bodies, are assured.
Practical application. The Committee requests the Government to supply information on the practical application of the Convention, including, for instance, extracts from the reports of the inspection services, information on the number of workers covered by the legislation, the number and nature of the contraventions reported and the resulting actions taken, and statistics on the number of occupational accidents reported.
Merchant Shipping (Minimum Standards) Convention, 1976 (No. 147). Implementing legislation and other measures. The Committee notes the Government’s statement in its report that, in accordance with article 148(2) of the Constitution, “international treaties to which the Republic of Azerbaijan is a party shall be an integral part of the legislative system of the Republic of Azerbaijan”, and that all ILO Conventions ratified by Azerbaijan have the force of national law. The Committee wishes to recall, however, that ratifying States are under the obligation to take the necessary measures to bring their national laws and practice into conformity with the provisions of international labour Conventions.
Article 2(a)(ii). Social security measures. Noting that the Government did not respond to its previous request on this point, the Committee requests once again the Government to determine which of the three Conventions – that is, the Shipowners’ Liability (Sick and Injured Seamen) Convention, 1936 (No. 55), the Sickness Insurance (Sea) Convention, 1936 (No. 56), or the Medical Care and Sickness Benefits Convention, 1969 (No. 130) – it intends to apply for the purposes of this Convention.
Article 2(a)(iii). Shipboard conditions of employment. Articles of agreement. In its previous comments, the Committee noted that the Merchant Shipping Code of 22 June 2001 is silent as regards the issuance of seafarers’ records of employment. In the absence of a reply, the Committee therefore requests the Government once again to clarify how substantial equivalence is ensured with Article 5 of the Seamen’s Articles of Agreement Convention, 1926 (No. 22), which provides that every seafarer must be given a document containing a record of employment on board the vessel and that this document should not contain any statement as to the quality of the seafarer’s work or the amount of the seafarer’s wages. In addition, the Committee notes that the Government did not provide a copy of the collective agreement concluded between the management and the employees of the State Caspian Maritime Shipping Company, as requested in its previous comments. The Committee accordingly requests once again the Government to provide a copy of the collective agreement in question.
Article 2(d)(ii). Complaints with respect to engagement of seafarers. Further to its previous comments, the Committee notes the Government’s statement that Article 2(d) of the Convention is implemented through provisions of the Labour Code, without however making any reference to specific provisions. The Committee requests the Government to provide clarification as to which specific provision of national legislation implements the requirements under Article 2(d)(ii) of the Convention and to describe the existing procedures, if any, for the examination of complaints made in connection with the engagement in its territory of seafarers, both nationals and non-nationals, on foreign registered ships.
Article 2(e). Vocational training. The Committee notes the Government’s reference to paragraphs 1.2–1.17 of the Regulations on the Certification of Merchant Shipping Crews as the measures implementing the requirements of the Convention as regards vocational training of seafarers. It also notes that section III of the latter Regulations provides for the aspects covered by training courses and certificates, in accordance with the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STCW), 1978, as amended. However, the Committee notes that the Government did not provide any detailed information on seafarers’ training activities (curricula, duration, financing) and the training institutions involved, as requested in its previous comments. The Committee accordingly requests once again the Government to provide information in respect of seafarers’ training activities.
Articles 2(f) and 4. Ship inspections. The Committee notes the Government’s statement that the Cabinet of Ministers Decree No. 59 of 4 April 2013 is the main provision giving effect to the requirements of the Convention as regards ship inspections. It also notes that the Maritime Administration has currently nine inspectors who have conducted 526 port State control inspections and 171 flag State control inspections during the reporting period. The Committee requests the Government to continue providing detailed information on: (i) the organization and functioning of the services responsible for the periodic inspection of the working and living conditions on board Azerbaijan-registered vessels (including results of inspection visits, number and nature of complaints received and action taken); and (ii) the measures taken – including detention – to rectify any conditions on board foreign-flagged ships visiting Azeri ports which are clearly hazardous to the seafarers’ health or safety.
Practical application. The Committee requests the Government to provide information on the practical application of the Convention, including for instance, the number of seafarers covered by the relevant legislation, copies of any standardized inspection checklist or inspection report form, copies of applicable collective agreements, and activity reports of port authorities.
[The Government is asked to reply in detail to the present comments in 2016.]

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Article 7(2). Recreation accommodation. While noting section 2.3.1 of the Sanitary Rules No. 2641-82 of 1982 and 122-6/452-1 of 1984, the Committee requests the Government to indicate how it is ensured that furnishings for recreation accommodation include as a minimum a bookcase and facilities for reading, writing and games, as prescribed by this Article of the Convention. The Committee recalls, in this respect, that the same provision has been incorporated in Guideline B3.1.11(2) of the Maritime Labour Convention, 2006 (MLC, 2006).
Article 8(6). Facilities for washing, drying and ironing. The Committee requests once again the Government to indicate how it is ensured that all ships – and not only those of categories I and II as is currently provided in section 2.8.1.1 of the Sanitary Rules – have facilities for washing, drying and ironing clothes. The Committee recalls, in this respect, that the same requirement is set out in Standard A3.1(13) of the MLC, 2006.
Part IV of the report form. Practical application. The Committee would be grateful if the Government would supply up-to-date information on the practical application of the Convention, including for instance, information on the number of seafarers and ships covered by the measures giving effect to the Convention, inspection results, relevant clauses of collective agreements, or any difficulties encountered in the application of the Convention.
Finally, the Committee seizes this opportunity to recall that most of the provisions of Conventions Nos 92 and 133 on crew accommodation have been incorporated without significant changes in Title 3 of the MLC, 2006, and therefore ensuring compliance with these Conventions would greatly facilitate compliance with the corresponding requirements of the MLC, 2006. The Committee would be grateful if the Government would keep the Office informed of any further developments regarding the process of ratification and effective implementation of the MLC, 2006.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes the Government’s report with responses to its previous comment concerning Article 1, paragraph 1, of the Convention. It also notes that copies of the following legislation, referred to in the Government’s report, have not been transmitted by the Government and are not available at the International Labour Office:

(1)   Merchant Shipping Code of 2001;

(2)   resolution of the Cabinet of Ministers of the Republic of Azerbaijan, No. 67, dated 22 March 2001, “establishing the procedure for conducting safety inspections”;

(3)   resolution of the Cabinet of Ministers of the Republic of Azerbaijan, No. 94, dated 10 May 2001, “establishing the list of potentially hazardous installations”; and

(4)   resolution of the Cabinet of Ministers of the Republic of Azerbaijan, dated 8 July 2002, “establishing the procedure for certification of technical devices and equipment used at potentially hazardous installations”.

The Committee requests the Government to provide copies of these codes, regulations and resolutions, if possible, in English or French.

Noting that the report provides only a partial response to the questions raised in its previous direct requests, the Committee asks the Government to provide further information on the following points.

–           Article 4, paragraph 1. See under Convention No. 92, Article 3, paragraph 1.

–           Article 4, paragraph 2(a). See under Convention No. 92, Article 3, subparagraph 2(a).

–           Article 4, paragraph 2(c). See under Convention No. 92, Article 3, subparagraph 2(c).

–           Article 4, paragraph 2(d). See under Convention No. 92, Article 3, subparagraph 2(d).

–           Article 4, paragraph 2(e). See under Convention No. 92, Article 3, subparagraph 2(e).

–           Article 6, paragraph 4. Please indicate what exceptions to paragraphs 1 and 2 of Article 6, if any, have been made by the competent authority for passenger ships.

–           Article 7, paragraph 3. The Committee notes that, under subsection 2.3.1 of the Sanitary Rules, the provision of a smoking room or a library room, a hobby and games room is recommended but not required. The Committee requests the Government to indicate measures taken or envisaged in order to bring the abovementioned provision of the Sanitary Rules into conformity with the Convention.

–           Article 8, paragraph 1. Please indicate whether, under subsection 2.9.2.3 of the Sanitary Rules, ships are required to have a separate water closet for every eight persons or less.

–           Article 8, paragraph 6. The Committee notes that, under subsection 2.8.1.1 of the Sanitary Rules, such facilities are mandatory only in ships of categories I and II and for ships of categories III and IV their arrangement is only recommended, while, in accordance with Article 8, paragraph 6, of the Convention, facilities for washing, drying and ironing clothes shall be provided on all ships. The Committee requests the Government to indicate what measures have been undertaken or are envisaged in order to bring the abovementioned provision of the Sanitary Rules into conformity with the Convention.

–           Article 9, paragraph 1(a). Please indicate whether the term “ships of categories I and II” used in subsection 2.9.2.4 of the Sanitary Rules is equivalent to the term “ships of 1,600 tons and more”.

–           Please also indicate whether the legislation of the Republic of Azerbaijan gives effect to Article 7, paragraph 2, Articles 12 and 13, paragraph 3, of the Convention.

–           Part IV of the report form. Please provide information on the number of seafarers covered by the measures giving effect to the Convention.

The Government is asked to reply in detail to the present comments and to report in detail, in line with the report form adopted by the ILO Governing Body.

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

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:

The Committee notes the Government’s report. It also notes that a new Merchant Shipping Code is currently under preparation. The Committee requests the Government to provide a copy of the new Code when adopted.

Noting that the report provides only a partial response to the questions raised in its 1998 direct request, the Committee asks the Government to provide further information on the following points.

Article 1, paragraph 1, of the Convention. The Committee notes that the Government signed an agreement with the Russian Maritime Register of Shipping in Azerbaijan. Under the terms of this agreement, the Russian Maritime Register is authorized to exercise supervision over the observance of Conventions Nos. 92 and 133 on all civilian ships flying the flag of Azerbaijan. The Committee further notes that the institution of a Ministry of Transport which would exercise the respective powers of the maritime administration is under consideration; it would include a service responsible for safety requirements on board ships. The Committee asks the Government to provide information on any developments in this respect.

Article 4, paragraph 1. See under Convention No. 92, Article 3, paragraph 1.

Article 4, subparagraph 2(a). See under Convention No. 92, Article 3, subparagraph 2(a).

Article 4, subparagraph 2(c). See under Convention No. 92, Article 3, subparagraph 2(c).

Article 4, subparagraph 2(d). See under Convention No. 92, Article 3, subparagraph 2(d).

Article 4, subparagraph 2(e). See under Convention No. 92, Article 3, subparagraph 2(e).

Article 6, paragraph 4. Please indicate what exceptions to paragraphs 1 and 2 of Article 6, if any, have been made by the competent authority for passenger ships.

Article 7, paragraph 3. The Committee notes that under subsection 2.3.1 of the Sanitary Rules, the arrangement of smoking room or library room, hobby and games room is recommended but not required. The Committee requests the Government to indicate measures taken or envisaged in order to bring the abovementioned provision of the Sanitary Rules into conformity with the Convention.

Article 8, paragraph 1. Please indicate whether under subsection 2.9.2.3 of the Sanitary Rules ships are required to have a separate water closet for every eight persons or less.

Article 8, paragraph 6. The Committee notes that under subsection 2.8.1.1 of the Sanitary Rules, such facilities are mandatory only in ships of Categories I and II and for ships of Categories III and IV their arrangement is only recommended, while in accordance with Article 8, paragraph 6 of the Convention, facilities for washing, drying and ironing clothes shall be provided in all ships. The Committee requests the Government to indicate what measures have been undertaken or are envisaged in order to put the abovementioned provision of the Sanitary Rules into conformity with the Convention.

Article 9, subparagraph 1(a). Please indicate whether the term "ships of Categories I and II" used in subsection 2.9.2.4 of the Sanitary Rules is equivalent to the term "ships of 1,600 tons and more".

Please also indicate whether the legislation of the Republic of Azerbaijan gives effect to Article 7, paragraph 2, Articles 12 and 13, paragraph 3, of the Convention.

Part IV of the report form. Please provide information on the number of seafarers covered by the measures giving effect to the Convention.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes the Government’s report. It also notes that a new Merchant Shipping Code is currently under preparation. The Committee requests the Government to provide a copy of the new Code when adopted.

Noting that the report provides only a partial response to the questions raised in its 1998 direct request, the Committee asks the Government to provide further information on the following points:

Article 1, paragraph 1, of the Convention.  The Committee notes that the Government signed an agreement with the Russian Maritime Register of Shipping in Azerbaijan. Under the terms of this agreement, the Russian Maritime Register is authorized to exercise supervision over the observance of Conventions Nos. 92 and 133 on all civilian ships flying the flag of Azerbaijan. The Committee further notes that the institution of a Ministry of Transport which would exercise the respective powers of the maritime administration is under consideration; it would include a service responsible for safety requirements on board ships. The Committee asks the Government to provide information on any developments in this respect.

Article 4, paragraph 1.  See under Convention No. 92, Article 3, paragraph 1.

Article 4, subparagraph 2(a).  See under Convention No. 92, Article 3, subparagraph 2(a).

Article 4, subparagraph 2(c).  See under Convention No. 92, Article 3, subparagraph 2(c).

Article 4, subparagraph 2(d).  See under Convention No. 92, Article 3, subparagraph 2(d).

Article 4, subparagraph 2(e).  See under Convention No. 92, Article 3, subparagraph 2(e).

Article 6, paragraph 4.  Please indicate what exceptions to paragraphs 1 and 2 of Article 6, if any, have been made by the competent authority for passenger ships.

Article 7, paragraph 3.  The Committee notes that under subsection 2.3.1 of the Sanitary Rules, the arrangement of smoking room or library room, hobby and games room is recommended but not required. The Committee requests the Government to indicate measures taken or envisaged in order to bring the abovementioned provision of the Sanitary Rules into conformity with the Convention.

Article 8, paragraph 1.  Please indicate whether under subsection 2.9.2.3 of the Sanitary Rules ships are required to have a separate water closet for every eight persons or less.

Article 8, paragraph 6.  The Committee notes that under subsection 2.8.1.1 of the Sanitary Rules, such facilities are mandatory only in ships of Categories I and II and for ships of Categories III and IV their arrangement is only recommended, while in accordance with Article 8, paragraph 6 of the Convention, facilities for washing, drying and ironing clothes shall be provided in all ships. The Committee requests the Government to indicate what measures have been undertaken or are envisaged in order to put the abovementioned provision of the Sanitary Rules into conformity with the Convention.

Article 9, subparagraph 1(a).  Please indicate whether the term "ships of Categories I and II" used in subsection 2.9.2.4 of the Sanitary Rules is equivalent to the term "ships of 1,600 tons and more".

Please also indicate whether the legislation of the Republic of Azerbaijan gives effect to Article 7, paragraph 2, Articles 12 and 13, paragraph 3, of the Convention.

Part IV of the report form.  Please provide information on the number of seafarers covered by the measures giving effect to the Convention.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes the Government's first and second reports concerning the period up to September 1997. It requests the Government to provide further information on the following points:

Article 1, paragraph 1, of the Convention. See under Convention No. 92, Article 1, paragraph 1.

Article 1, subparagraph 5(b). Please indicate whether the Safety Requirements for sea-going vessels (RD 31.81.01-87), approved by joint Decision No. SM-53/2446 of the Ministry of the Maritime Fleet of the USSR and the Ministry of the Shipbuilding Industry of the USSR, dated 2 August 1988 (the "Safety Requirements") are applicable to the accommodation of persons engaged in usual sea-going routine in ships engaged in whaling or in similar pursuits.

Article 4, paragraph 1. See under Convention No. 92, Article 3, paragraph 1.

Article 4, subparagraph 2(a). See under Convention No. 92, Article 3, subparagraph 2(a).

Article 4, subparagraph 2(c). See under Convention No. 92, Article 3, subparagraph 2(c).

Article 4, subparagraph 2(d). See under Convention No. 92, Article 3, subparagraph 2(d).

Article 4, subparagraph 2(e). See under Convention No. 92, Article 3, subparagraph 2(e).

Article 6, paragraph 4. Please indicate what exceptions to paragraphs 1 and 2 of Article 6, if any, have been made by the competent authority for passenger ships.

Article 7, paragraph 3. The Committee notes that under subsection 2.3.1 of the Sanitary Rules, the arrangement of smoking room or library room, hobby and games room is recommended but not required. The Committee requests the Government to indicate what measures have been undertaken or are envisaged in order to put the above-mentioned provision of the Sanitary Rules into conformity with the Convention.

Article 8, paragraph 1. Please indicate whether under subsection 2.9.2.3 of the Sanitary Rules the ships are required to have a separate water closet for every eight persons or less.

Article 8, paragraph 6. The Committee notes that under subsection 2.8.1.1 of the Sanitary Rules, such facilities are mandatory only in ships of Categories I and II and for ships of Categories III and IV their arrangement is only recommended, while in accordance with Article 8, paragraph 6, of the Convention facilities for washing, drying and ironing clothes shall be provided in all ships. The Committee requests the Government to indicate what measures have been undertaken or are envisaged in order to put the above-mentioned provision of the Sanitary Rules into conformity with the Convention.

Article 9, subparagraph 1(a). Please indicate whether the term "ships of Categories I and II" used in subsection 2.9.2.4 of the Sanitary Rules is equivalent to the term "ships of 1,600 tons and more".

Please also indicate whether the legislation gives effect to Article 7, paragraph 2; Article 12 and Article 13, paragraph 3, of the Convention.

Part IV of the report form. Please provide information on the number of seafarers covered by the measures giving effect to the Convention.

Part V of the report form. Please provide information on whether the copies of the report have been communicated to any representative organizations of employers. Please also indicate whether any observations, either of a general kind or in connection with the present or the previous report, regarding the practical application of the provisions of the Convention or the application of the legislation or other measures implementing the Convention, were received from representative organizations of workers or employers.

[The Government is asked to report in detail in 2000.]

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