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Article 5, paragraph 2, of the Convention. Obligation to carry a certificated mate. The Committee notes that, in reply to its previous comment, the Government sent a copy of Decree No. 57-457 of 6 April 1957 issuing public service regulations with regard to the obligation to carry certificated officers and engineers on board fishing vessels, supplemented by the Orders of 18 December 1963 and 28 March 1969. It notes that a certificated mate must be carried for deck duties on vessels of 100 or more gross registered tons equipped for maritime fishing.

Article 5, paragraph 5. Derogations. The Committee notes the information from the Government, according to which derogations from the rules that apply to qualifications are registered in a database. It notes that the procedure for the validation of experience is accompanied by an annual report indicating the number of derogations granted and that monitoring is carried out in order to keep this number under control. The Committee notes, however, that this information is very vague and does not provide a full answer to its previous comment, in which it asked the Government to provide information on the use in practice of this type of derogation and to indicate how it ensures that such derogations are only authorized when persons possessing the required qualifications are not available and that, having regard to all the circumstances of the case, it is safe to allow the vessel to put to sea. The Committee therefore once again asks the Government to provide a full answer on this matter.

Article 7. Mate’s certificate – required vocational experience. The Committee notes the information supplied by the Government, according to which the duration of training for first mates on fishing vessels is one year in school, plus a number of intermediate periods, including 18 months of actual sea service. It notes that, according to the Government, the national legislation takes account of the requirements expressed by the shipowners and is both more flexible than the Convention – which makes no distinction regarding the size of the vessel or the type of operation – and also more stringent – as the legislation lays down conditions of entry for training and the duration thereof is long. The Committee also notes the Government’s opinion, according to which the Convention does not take account of changes concerning the age of majority and the profile of both the seafaring population and the employment market. Finally, it notes that the Government refers to the STCW-F Convention of the International Maritime Organization, the provisions of which appear closer to the realities of occupations within the fishing sector. The Committee is bound to repeat that states which ratify an ILO Convention are bound by its rules, regardless of whether or not another international instrument exists on the same subject – and all the more so when, as is the case for the STCW-F Convention, that instrument has not been ratified by the State concerned or even received the necessary number of ratifications for it to enter into force. Consequently, the Committee asks the Government to take the necessary measures to amend its legislation so that the minimum amount of professional experience required for the issue of a mate’s certificate is not less than three years of actual deck service.

Articles 11 and 12. Examinations. The Committee notes that the Government refers to specific requirements for each type of maritime vocational training which, however, are not attached to its report. It therefore asks the Government to send copies of these documents. The Committee notes, moreover, that, according to the Government, the validation of experience consists of taking account, individually, of seafarers’ competence developed by various means, including academic knowledge and professional experience. It also notes that this approach enables the training to be individualized by opening the profession to candidates of various profiles in the context of lifelong vocational training and represents one of the responses to the increasing rarity of vocations in this sector without lowering standards. The Committee reiterates, however, that Articles 11 and 12 of the Convention list the requisite areas of knowledge for the candidates for the different certificates (shiphandling, safety of life at sea, maintenance of machinery, etc.). It therefore asks the Government to indicate precisely how these minimum conditions are observed in the context of the validation of experience.

Moreover, the Committee reiterates that Article 13 of the Convention provides for the possibility of issuing competency certificates to persons who have not passed an examination but who have, in fact, had sufficient practical experience of the duties corresponding to the certificate in question, this possibility, however, only existing for the three years following the entry into force of the national law giving effect to the provisions of the Convention. This restriction proves the exceptional and time-restricted character of a system for the validation of experience as envisaged at the time of adoption of the Convention.

Part V of the report form. The Committee notes the information supplied by the Government according to which the reform of computer applications relating to the issue of maritime vocational training certificates will enable the number of certificates issued to be kept under control at the same time as increasing security. It notes that this reform will be tested on one site in autumn 2007 and deployed on all sites in early 2008. The Committee requests the Government to supply updated particulars, once the reform is complete, on the number of competency certificates in the various categories issued each year. The Government is also asked to send all other relevant information concerning the application of the Convention in practice, including extracts of inspection service reports mentioning the number and type of any contraventions recorded and the follow-up action taken.

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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 information supplied by the Government, particularly regarding Articles 2 and 15 of the Convention. The Committee notes, however, that many matters raised in its previous direct request remain unanswered. It must therefore draw the Government’s attention to the following points once again.

Article 5(2) of the Convention. The Committee asks the Government to indicate the legislation or regulations giving effect to this Article of the Convention and to supply copies of any pertinent instruments.

Article 5(5). The Committee notes that, pursuant to section 5 of Decree No. 93-1342 of 28 December 1993, derogations to the rules applicable to competency may be made, if necessary, for a limited duration on the justified request of the shipowner or his/her representative and after agreement by the competent maritime authority. The Government is asked to provide further information on the use in practice of this type of derogation and to indicate how it ensures that the competent maritime authorities authorize such derogations as required by the Convention, only when persons possessing the required qualifications are not available and that, having regard to all the circumstances of the case, it is safe to allow the vessel to put to sea.

Article 7. The Committee notes that pursuant to section 1 of the abovementioned Decree No. 93-1342, exercise of the duties of first mate requires for all vessels, except for those equipped for deep-sea fishing, the possession of a first mate’s fishing certificate. In order to obtain this certificate, candidates must have completed 18 months’ sea service engaged in deck duties, which does not apparently comply with this Article of the Convention. The Committee therefore asks the Government to supply clarification on this matter.

Articles 11 and 12. The Committee notes that the Government refers to specific requirements for each type of maritime vocational training, including training for the fishing skipper’s certificate, which were not attached to the report. The Government is requested to supply these documents in its next report. Furthermore, the Committee notes the adoption of an order of 25 February 2005 regarding the issue of maritime competency certificates by validation of experience allowing vocational competency certificates to be obtained after examination of the candidate’s dossier by a national panel and on the sole condition of having not less than 36 months’ experience as a professional seafarer. The Committee asks the Government to supply clarification regarding the conformity of these arrangements with the requirements for examinations under Part III of the Convention.

Part V of the report form. The Government is asked to provide the Committee in its next report with specific information on the effect given to the Convention in practice, for example, by supplying copies of labour inspection service reports, statistics on the number of competency certificates in the various categories issued during the year, the number and type of contraventions recorded and follow-up action taken, along with any other information allowing it to better assess the conformity of national legislation and practice with the requirements of the Convention.

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The Committee notes the information supplied in the Government’s report, particularly regarding Articles 2 and 15 of the Convention. The Committee notes, however, that many matters raised in its previous direct request remain unanswered. It must therefore draw the Government’s attention to the following points once again.

Article 5(2) of the Convention. The Committee asks the Government to indicate the legislation or regulations giving effect to this Article of the Convention and to supply copies of any pertinent instruments.

Article 5(5). The Committee notes that, pursuant to section 5 of Decree No. 93-1342 of 28 December 1993, derogations to the rules applicable to competency may be made, if necessary, for a limited duration on the justified request of the shipowner or his/her representative and after agreement by the competent maritime authority. The Government is asked to provide further information on the use in practice of this type of derogation and to indicate how it ensures that the competent maritime authorities authorize such derogations as required by the Convention, only when persons possessing the required qualifications are not available and that, having regard to all the circumstances of the case, it is safe to allow the vessel to put to sea.

Article 7. The Committee notes that pursuant to section 1 of the abovementioned Decree No. 93-1342, exercise of the duties of first mate requires for all vessels, except for those equipped for deep-sea fishing, the possession of a first mate’s fishing certificate. In order to obtain this certificate, candidates must have completed 18 months’ sea service engaged in deck duties, which does not apparently comply with this Article of the Convention. The Committee therefore asks the Government to supply clarification on this matter.

Articles 11 and 12. The Committee notes that the Government refers to specific requirements for each type of maritime vocational training, including training for the fishing skipper’s certificate, which were not attached to the report. The Government is requested to supply these documents in its next report. Furthermore, the Committee notes the adoption of an order of 25 February 2005 regarding the issue of maritime competency certificates by validation of experience allowing vocational competency certificates to be obtained after examination of the candidate’s dossier by a national panel and on the sole condition of having not less than 36 months’ experience as a professional seafarer. The Committee asks the Government to supply clarification regarding the conformity of these arrangements with the requirements for examinations under Part III of the Convention.

Part V of the report form. The Government is asked to provide the Committee in its next report with specific information on the effect given to the Convention in practice, for example, by supplying copies of labour inspection service reports, statistics on the number of competency certificates in the various categories issued during the year, the number and type of contraventions recorded and follow-up action taken, along with any other information allowing it to better assess the conformity of national legislation and practice with the requirements of the Convention.

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The Committee notes the report provided by the Government and requests it to supply further particulars on the following points.

Article 2 of the Convention. The Committee notes that, by virtue of section 4 of Decree No. 93-1342 of 28 December 1993 respecting the conditions for exercising the functions of skipper and officer on board commercial, fishing and pleasure vessels, fishing is subdivided into four categories, including coastal fishing, for which a specific system has been established. The Government is requested to indicate whether fishing vessel owners’ and fishermen’s organizations were consulted in the establishment of the legal rules governing coastal fishing.

Article 5, paragraph 2. The Government is requested to indicate the manner in which the operations and areas referred to in this Article have been defined by national laws or regulations.

Article 5, paragraph 5. The Committee notes that under section 5 of the above Decree, exceptions may be made to the rules applicable to competency certificates in cases of necessity and for a limited period upon production of a reasoned request by the owner of the vessel or the latter’s representative, and with the agreement of the competent maritime authority. The Government is requested to indicate, firstly, whether fishing vessels have been authorized to put to sea under such circumstances and, secondly, the manner in which the competent maritime authorities ensure that, when exceptions are made to the rules respecting competency certificates, no risk is incurred by allowing the vessel to put to sea.

Article 6, paragraph 1(b). The Committee notes that, in accordance with Decree No. 93-1342, the discharge of the functions of mate requires possession of a certificate of officer on a fishing vessel, and that candidates for the certificate must be at least 18 years of age. It recalls that under the terms of the Convention the minimum age required by national regulations for the issue of a certificate of competency shall not be less than be 19 years in the case of a mate and it requests the Government to report the measures that it intends to take in order to bring its legislation into conformity with the Convention.

Article 7. The Committee notes that, by virtue of Decree No. 93-1342, discharge of the duties of mate requires for all vessels, except for deep-sea fishing vessels, the possession of a certificate of officer on a fishing vessel, and that the candidates for the above certificate must have completed 18 months of actual sea service engaged in deck duties. The Committee recalls that the Convention requires that the minimum professional experience prescribed by national laws or regulations for the issue of a mate’s certificate of competency shall be not less than three years’ sea service engaged in deck duties. It therefore requests the Government to indicate the measures that it intends to take in order to bring its legislation into conformity with the Convention.

Article 9, paragraph 4. Please indicate whether use is made of the possibility of replacing a part of the qualifying period required for the issue of an engineer’s certificate of competency by the period for which the candidate has worked in an engineering workshop.

Article 15. The Government is requested to indicate the cases in which penalties or disciplinary measures are prescribed by national laws or regulations in pursuance of this Article of the Convention, and the nature of the penalties or disciplinary measures to be applied in cases in which these laws or regulations are not respected.

Part VI of the report form. The Government is requested to indicate the representative organizations of employers and workers to which copies of its last report were communicated, in accordance with article 23 of the Constitution of the International Labour Organization.

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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.

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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:

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 authorised 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.

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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 authorised 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.