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Fishermen's Competency Certificates Convention, 1966 (No. 125) - Germany (RATIFICATION: 1988)

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CMNT_TITLE

The Committee notes the observations provided by the German Confederation of Trade Unions (DGB) and invites the Government to provide any comment it may consider necessary.

Article 5(2) of the Convention. Certificated mate for all fishing vessels over 100 gross tons. The Committee had requested the Government to consider all appropriate action in view of the fact that the national legislation was not fully compliant with the requirement of Article 5(2) that all fishing vessels over 100 gross tons should carry a certificated mate. The Committee notes that the Government refers, in its report, to the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978 (STCW), more specifically Regulation VIII/2 (Watchkeeping arrangements and principles to be observed), indicating that, pursuant to the German Ship Safety Act, Chapter VIII of the STCW Convention applies to fishing vessels in Germany. The Government concludes that this ensures that qualified ship officers are present on board every merchant vessel flying the German flag, including fishing vessels of 100 or more gross tons. The Committee takes note of this information.

Furthermore, the Committee notes Council Directive (EU) 2017/159 of 19 December 2016 implementing the Agreement concerning the implementation of the Work in Fishing Convention, 2007 of the International Labour Organisation, concluded on 21 May 2012 between the General Confederation of Agricultural Cooperatives in the European Union (COGECA), the European Transport Workers’ Federation (ETF) and the Association of National Organisations of Fishing Enterprises in the European Union (Europêche). According to its Article 4(1), Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 15 November 2019. The Committee requests the Government to provide information on any new laws or regulations related to the Convention adopted in the context of the implementation of the abovementioned Directive.

CMNT_TITLE

Article 5(2) of the Convention. Certificated mate for all fishing vessels over 100 gross tons. The Committee recalls that since the ratification of this Convention, the Government has failed to specify any express legal provision requiring all fishing vessels over 100 gross registered tons to carry a certificated mate, as prescribed by this Article of the Convention. The Government acknowledged in previous reports that fishing vessels of between 75 and 125 gross registered tons may be dispensed from the obligation to carry a ship navigating officer or mate but stated that this was an exception established long before the ratification of the Convention. The Government also indicated that under the Ship’s Company Ordinance only fishing vessels over 250 tons are required to carry a certificated ship navigating officer or mate. In its last report, the Government made reference to the three-watch system provided for in section 85 of the Seafarers Act as guaranteeing the presence of at least three navigating officers, even though broad exceptions to this principle are provided for in section 138 of the same Act for fishing vessels of not more than 1,000 gross registered tons. Noting therefore that the national legislation is still not fully compliant with the requirement of Article 5(2) of the Convention that all fishing vessels over 100 gross tons should carry a certificated mate, and also noting that the maritime legislation is currently undergoing a major revision, the Committee requests the Government to consider all appropriate action in this respect.

CMNT_TITLE

The Committee notes the information contained in the Government’s report, in particular the latest amendments to the Seafarers Act of 1957, the Ships Officers Training Ordinance of 1992 and the Ships Crews Ordinance of 1998. The Committee would appreciate receiving a copy of the three revising instruments.

Article 5(2) of the Convention. Further to its previous comment on this point, the Committee notes the Government’s explanation that, under the Ships Crews Ordinance of 26 August 1998, shipowners are required to ensure that crew members are suitably qualified for their work. It once again requests the Government to explain how it is ensured in both law and practice that all fishing vessels over 100 gross registered tons carry a certificated mate, as required under this Article of the Convention.

Part V of the report form. Noting that the Government has not submitted in recent years information regarding the practical application of the Convention, the Committee would be grateful if the Government would provide such information in its next report including, for instance, statistical data on the fishing vessels covered by the Convention, the number of persons taking the qualifying examination and the number of competency certificates delivered annually, inspection results showing the number and nature of any contraventions reported, etc.

CMNT_TITLE

The Committee notes the information contained in the Government’s last report, in particular the adoption of three new ordinances regarding the competence, certification and training of seafarers. It also notes the information concerning the organization and functioning of the inspection system and the respective responsibilities of the shipping police of the Länder and the federal waterways and shipping administration in this area.

Article 5(2) of the Convention. The Committee recalls its previous comments in which it observed that the national legislation does not expressly require that all fishing vessels over 100 gross registered tons carry a certificated mate. The Committee requests the Government to keep it informed in future reports of any measures taken in this respect.

Part V of the report form. The Committee would be grateful if the Government would continue to provide up-to-date information on the practical application of the Convention including, for instance, extracts from inspection reports showing the number and nature of contraventions observed, statistics on the number of persons taking the qualifying examination, the number of competency certificates issued annually, the composition and capacity of the fishing fleet, the number of jobs in the fishery sector, etc.

CMNT_TITLE

Article 14, paragraph 1, of the Convention, and Part III of the report form. The Committee notes with interest the information supplied by the Government on the awarding of competency certificates in practice. It again expresses the hope that the Government will also provide information on the organization and functioning of the inspectorate since an efficient inspection system makes it possible to check that skippers, mates or engineers on board fishing vessels are properly qualified.

CMNT_TITLE

Article 14, paragraph 1, of the Convention and Part III of the report form. The Committee repeats its previous hope that future reports will contain all due information on the organization and working of the system of inspection.

CMNT_TITLE

The Committee takes note with interest of the replies to its previous comments contained in the Government's report. It would appreciate additional information on the following points:

Article 5(2) of the Convention. The Committee notes that the regulation allowing coastal fishing vessels of up to 125 GRT in a restricted deep-sea fishing area exceptionally not to carry an officer equivalent to a certificated mate - provided that an additional crew member is on board - was adopted long before the Convention was ratified; and that this is regarded as an "acquired right" of the enterprises concerned which does not affect the total number of crew or cause any danger, and to abolish which would mean the enterprises were no longer viable. The Committee recalls that the Convention requires all fishing vessels over 100 GRT engaged in operations and areas to be defined by national legislation to carry a certificated mate. It hopes the next report will include details of any practical difficulties arising in this respect and of any changes in the situation.

Article 14(1) and Part III of the report form. The Committee hopes that future reports will contain all due information on the organization and working of the system of inspection.

CMNT_TITLE

The Committee has noted the Government's first report. It would appreciate additional information on the following points:

Article 5(1) of the Convention. The Government states that all German sea-going vessels must have a certificated skipper on board in conformity with the provisions of section 10 and Annex 1, section B, subsection I, of the Ship's Company Ordinance and sections 4 and 5 of the Ship's Officers' Training Ordinance. Please indicate whether the application of section 10 and Annex 1, section B, subsection I of the Ship's Company Ordinance is limited to fishing vessels of 250 gross registered tons and above, or whether it includes vessels of not less than 25 gross registered tons as required by the Convention.

Article 5(2) of the Convention. The Committee notes the Government's statement that regulations made by the Maritime Trade Association under section 10, paragraph 1 of the Ship's Company Ordinance permit the dispensation of fishing vessels under 125 gross registered tons from carrying a navigating officer or mate when operating within restricted areas of operation. The Committee hopes that these regulations and the practice will be made to conform with the requirements of the Convention which permits such dispensations only for fishing vessels of under 100 gross registered tons. Please provide available information in this respect.

Article 5(3) of the Convention. The Committee notes the Government's indication that under section 10, paragraph 2, of the Ship's Company Ordinance the basis for requiring the presence of a ship's engineer on board a fishing vessel is gross registered tonnage rather than engine power. Please indicate any determination in respect of engine power made in conformity with this provision of the Convention.

Articles 5(3), 6(2), 8(2) and 9(3) of the Convention. The Committee would appreciate if the Government would give indications as to any consultations with the organisations of fishing vessel owners and fishermen taking place in accordance with these provisions of the Convention.