CMNT_TITLE

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)   “Regulations on the shipping company occupational safety service”, issued by the head of the Azerbaijan State Caspian Sea Steamshipping Line on 16 August 1999;

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

(4)   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

(5)   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 3, paragraph 1, of the Convention. Please indicate whether the Regulations on service on ships of the Ministry of Maritime Fleet of the USSR, approved by Order No. 6 of the Ministry of Maritime Fleet of the USSR, dated 9 January 1976, remain in force in Azerbaijan.

–           Article 3, paragraph 2(a). The Committee requests the Government to provide information about any reprints of the Sanitary Rules for seagoing vessels of the USSR, approved by the Chief Sanitary Doctor of the USSR (No. 2641-82, dated 25 December 1982, and No. 122-6/452-1 of 13 November 1984) (the Sanitary Rules); the Rules of accident prevention on board seagoing vessels (RD 31.81.10-75), approved by Order No. 50 of the Minister of Maritime Fleet of the USSR, dated 13 March 1975 (the Rules of Accident Prevention); and the Safety Requirements for Seagoing 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) in Azerbaijan. Please also indicate how other relevant laws or regulations are brought to the notice of all persons concerned, as required by this provision of the Convention.

–           Article 3, paragraph 2(c). Please indicate what penalties are prescribed for violation of the laws and regulations of Azerbaijan that ensure the application of the Convention.

–           Article 3, paragraph 2(d), Part III of the report form. The Committee asks the Government to clarify whether the duties of the Master of port include the supervision of the observance of the requirements of Conventions Nos. 92 and 133 on ships flying the flag of Azerbaijan and, if so, to provide details on the organization and working of inspection.

–           Article 3, paragraph 2(e). Please indicate whether the legislation of Azerbaijan requires the competent authorities of Azerbaijan to consult the organizations of shipowners and/or the shipowners and the recognized bona fide trade unions of seafarers in regard to the framing of regulations, and to collaborate with such parties in the administration thereof.

–           Article 5, paragraph (c). Please indicate what provisions of the national legislation require the competent authority to inspect the ship upon the receipt of a complaint made by a recognized bona fide trade union of seafarers.

–           Article 6, paragraph 2. Please 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 6, paragraph 6. The Committee requests the Government to indicate whether subsection 3.1.2.6 of the Sanitary Rules is applicable to exhaust pipes for winches and similar gear.

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

–           Article 6, paragraph 11. Please indicate the specific provisions of the legislation that set forth the requirements in respect of decks.

–           Article 6, paragraph 12. Please indicate the specific provisions of the legislation that set forth the requirements in respect of the joining with sides.

–           Article 7, paragraph 3. The Committee asks the Government to provide information: (i) whether in Azerbaijan there are ships regularly engaged on voyages in the tropics and the Persian Gulf; (ii) whether only electric fans are provided for in spaces; (iii) whether this ensures satisfactory ventilation and, if not, whether the sleeping rooms and mess rooms are provided with both electric fans and mechanical means of ventilation.

–           Article 10, paragraphs 2, 3 and 10. Please indicate whether the competent authority makes use of the exception as provided for in these paragraphs.

–           Article 10, paragraph 17. Please indicate the specific provisions of the legislation that give effect to the requirement that the material of berth shall not be likely to corrode or to harbour vermin.

–           Article 10, paragraph 19. Please indicate the specific provisions of the legislation requiring that each berth shall be fitted with a spring bottom or a spring mattress and that stuffing of straw or other material likely to harbour vermin shall not be used.

–           Article 11, paragraph 1. The Committee notes that, under subsection 2.3.1 of the Sanitary Rules, mess room accommodation shall be provided only in respect of ships of category I and category II, but not in respect of all ships, as is required under the Convention. 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 12, paragraph 1. The Committee notes that, as distinct from section 55 of the previous version of the Sanitary Rules, approved on 22 July 1964, currently there is an explicit requirement to provide on an open deck a space or spaces to which the crew can have access when off duty only in respect of ships of category I and in the ships of category II the arrangement of such space (spaces) is only recommended (subsection 2.6.1 of the Sanitary Rules). 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 13, paragraph 4(b). 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 13, paragraph 5. The Committee notes that subsections 2.9.1.1 and 2.9.1.5 of the Sanitary Rules authorize the reduction in the number of facilities required in ships of category IV, i.e. in ships engaged on voyages of not more than eight hours’ duration. On the other hand, Article 13, paragraph 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 (or when the total number of the crew exceeds 100). The Committee requests the Government to indicate the measures taken or envisaged in order to bring the abovementioned provisions of the Sanitary Rules into conformity with the Convention.

–           Article 13, paragraph 6. Please indicate whether the maximum amount of freshwater which the shipowner may be required to supply per man per day was fixed in consultation with the organizations of shipowners and/or shipowners and with the recognized bona fide trade unions of seafarers.

–           Article 13, paragraph 12. The Committee notes that, under subsection 2.8.1.1 of the Sanitary Rules, the facilities for washing and drying clothes are mandatory only in ships of category I and category II, but in ships of categories III and IV such arrangement is only recommended. On the contrary, in accordance with Article 13, paragraph 12, of the Convention, facilities for washing and drying clothes shall be provided in all ships. The Committee requests the Government to indicate the measures taken or envisaged in order to bring the abovementioned provisions of the Sanitary Rules into conformity with the Convention.

–           Article 16, paragraph 3. The Committee requests the Government to indicate the provisions of the legislation of Azerbaijan that give effect to Article 16, paragraph 3, of the Convention.

–           Article 17, paragraph 2. Please indicate the specific provisions of the legislation that set forth the regularity of the inspections of crew accommodation.

–           The Committee also requests the Government to indicate specific provisions of the national legislation, that give effect to Article 7, paragraph 5; Article 8, paragraph 2; Article 10, paragraphs 1, 8, 11, 14, 24, 25 and 28; Article 11, paragraphs 3, 4, 7 and 10; Article 13, paragraphs 2(a)-2(d); Article 13, paragraph 7; Article 15, paragraph 2; Article 16, paragraphs 1, 2, 4 and 5; Article 18, paragraphs 3 and 4, of the Convention.

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