Demande directe (CEACR) - adoptée 1993, publiée 80ème session CIT (1993)

The Committee notes with regret 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:

Further to its previous comments, the Committee takes due note of the Government's reply and of Decrees Nos. 85-379 and 85-380 of 27 March 1985, as amended. It requests the Government to supply supplementary information concerning the following points:

Article 2 of the Convention. The Committee recalls the Government's statement in its first report on the application of the Convention to the effect that the texts that were currently in force did not provide for specific exemptions for in-shore fishing vessels. The Committee notes, however, that under the provisions of Decree No. 85-380 (particularly in Schedule II), the activities of small fishing vessels and in-shore fishing vessels are not subject to the provisions of Part II of the Convention. Since not all such vessels are excluded from the scope of the Convention, under Article 1(a), the Committee requests the Government either to specify the measures taken to give effect to the Convention in their case, or, if an exemption of the kind set down in Article 2 of the Convention has indeed been provided for, to specify the consultations with fishing-vessel owners and fishermen that were held in this respect as required by this Article.

Article 5, paragraph 1. The Committee notes that small fishing vessels and in-shore fishing vessels (which may be of more than 25 gross registered tons) are not, under the terms of Schedule II of Decree No. 85-380, required to carry a certificated skipper in the sense of the Convention. Since no exemptions as laid down in Article 2 above have been granted in this respect, the Committee requests the Government to indicate how this paragraph is applied to the vessels in question.

Article 5, paragraph 2. The Committee notes that, under the same Schedule II, the duties of mate are only required for vessels engaged in large-scale fishing and in deep-sea fishing "on board which it is required to carry a certificated mate". Since, by virtue of this paragraph, all fishing vessels over 100 gross registered tons engaged in operations and areas to be defined by national laws or regulations must be required to carry a certificated mate, the Committee requests the Government to indicate: (i) on which deep-sea fishing vessels it is required to carry a certificated mate; and (ii) any general national definition of the operations and areas which may have been adopted in conformity with this paragraph in relation to all fishing vessels over 100 gross registered tons.

Article 5, paragraph 3. Please indicate the engine power determined by the competent authority in accordance with this paragraph, after the necessary consultations.

Article 5, paragraph 5. Please indicate whether, under the terms of section 4 of Decree No. 85-380, fishing vessels have been authorized to put to sea in the circumstances set out in this paragraph and, if this has been the case, whether rules have been established for this purpose.

Article 6, paragraph 1(c). The Committee notes that, in accordance with section 26 of Decree No. 85-379, the minimum age for the issue of a certificate for an engineer on a fishing vessel may be less than 18 years, instead of the 20 years required by the Convention. Please indicate any measures taken or envisaged to give effect to the Convention in this respect.

Article 7. The Committee notes the Government's statement to the effect that the duties of the mate are in practice generally only entrusted to officers with relevant experience. The Committee points out that by virtue of section 23 of Decree No. 85-379, applicants for a certificate as a lieutenant on a fishing vessel need only have 18 months' sea service engaged in deck duties, whereas the Convention requires a minimum of three years' sea service engaged in deck duties for the issue of a mate's certificate of competency. The Committee notes that the Government envisages bringing the French rules into accord with this provision of the Convention, and it hopes that the next report will contain fresh information on this subject.

Article 8, paragraph 1. The Committee notes that, under sections 24 and 25, respectively, of Decree No. 85-379, in conjunction with section 23 of the same Decree, the certificates of a master of a fishing vessel and a captain of a fishing vessel may be issued after a minimum of 42 months' sea service engaged in deck duties, instead of the 48 months required by the Convention. Please indicate the measures taken to give effect to this provision of the Convention.

Article 8, paragraph 2. The Committee notes that by virtue of the same sections 24 and 25, a minimum of 24 months' sea service has to be completed after the issue of the certificate of competency of a lieutenant of a fishing vessel. Please indicate whether the consultations set forth in this paragraph were held on this subject.

Article 9, paragraph 1. The Committee points out that by virtue of section 26 of Decree No. 85-379, a period of 18 months' actual sea service in the engine-room is required for the issue of the certificate of competency of an engineer of a fishing vessel, instead of the three years laid down in the Convention. It also points out that, in the case of engineers on board vessels not exceeding 750 kw, no period of sea service would appear to be required. The Committee would be grateful if the Government would supply details regarding the manner in which effect is given to this provision of the Convention.