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Articles 2 to 5 of the Convention. Medical certificate. For 13 years, the Committee has been requesting the Government to provide information on the legislative texts giving effect to the specific requirements of Articles 3 to 5 of the Convention. In its previous comment, the Committee noted the Government’s indication that a review of the Merchant Navy Code had been launched in early 2015 with a view to adapting it to current realities, taking account of ratified international Conventions. The Committee notes that the Government indicates in its report that the Merchant Navy Code is still under review and promises to send a copy of it once the review has been completed. In this regard, the Committee recalls that the review of the Merchant Navy Code should take into consideration the issues of non-conformity with the Convention that have been raised for many years. These concern the obligation to produce a medical certificate prior to being engaged for employment on a fishing vessel (Article 2); the prescription of the nature of the medical examination to be made and the particulars to be included in the medical certificate (Article 3); the period of validity of medical certificates for young fishers not exceeding one year (Article 4); and the possibility of applying for a further examination if the certificate has been refused (Article 5). In view of the foregoing, the Committee requests the Government to take any necessary measures to give full effect to the provisions of the Convention.

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The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.
Repetition
Articles 3–5 of the Convention. Medical certificate. The Committee notes the Government’s indication in its report, in reply to its request concerning Decree No. 2264/MT of 9 April 1982, that the aforementioned Decree has been obsolete since the adoption of Act L/95/23/CTRN of 12 June 1995 issuing the Merchant Navy Code. Observing that this Code does not explicitly establish the obligation to issue a medical certificate before the engagement to serve on board a fishing vessel, the Committee notes that section 553(d) provides that any person wishing to exercise the occupation of seafarer must, inter alia, meet the required conditions of physical fitness, and that section 566 provides that the maritime authority shall undertake the necessary controls regarding periodic medical examinations. Furthermore, the Committee notes the statistical data supplied by the Government according to which the number of recorded medical certificates corresponds to the number of registered fishers. However, it notes that no information is available on the steps taken to implement specific provisions of the Convention, particularly regarding the nature of the medical examination to be made and the particulars to be included in the medical certificate (Article 3), the period of validity of the medical certificate of persons under 21 years of age (Article 4), and the possibility of applying for a further examination if the certificate has been refused (Article 5). Noting the Government’s indication that a review of the Merchant Navy Code was launched in early 2015 with a view to adapting it to current realities taking account of ratified international Conventions, the Committee requests the Government to take all necessary measures giving full effect to the provisions of the Convention.

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Articles 3–5 of the Convention. Medical certificate. The Committee notes the Government’s indication in its report, in reply to its request concerning Decree No. 2264/MT of 9 April 1982, that the aforementioned Decree has been obsolete since the adoption of Act L/95/23/CTRN of 12 June 1995 issuing the Merchant Navy Code. Observing that this Code does not explicitly establish the obligation to issue a medical certificate before the engagement to serve on board a fishing vessel, the Committee notes that section 553(d) provides that any person wishing to exercise the occupation of seafarer must, inter alia, meet the required conditions of physical fitness, and that section 566 provides that the maritime authority shall undertake the necessary controls regarding periodic medical examinations. Furthermore, the Committee notes the statistical data supplied by the Government according to which the number of recorded medical certificates corresponds to the number of registered fishers. However, it notes that no information is available on the steps taken to implement specific provisions of the Convention, particularly regarding the nature of the medical examination to be made and the particulars to be included in the medical certificate (Article 3), the period of validity of the medical certificate of persons under 21 years of age (Article 4), and the possibility of applying for a further examination if the certificate has been refused (Article 5). Noting the Government’s indication that a review of the Merchant Navy Code was launched in early 2015 with a view to adapting it to current realities taking account of ratified international Conventions, the Committee requests the Government to take all necessary measures giving full effect to the provisions of the Convention.

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The Committee takes note of the adoption of the new Labour Code (Act No. L/2014/072/CNT of 10 January 2014). It requests the Government to provide all implementing texts of the Code in view of a complete review of the new legislation.
The Committee further 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 comments.
Articles 2 and 3 of the Convention. Medical certificate for fishers. The Committee recalls its previous comments in which it requested the Government to indicate whether Decree 2264/MT of 9 April 1982 (sections 5–7 of which gave effect to the provisions of Convention No. 113), is still in force, and also to clarify whether any new provisions have been adopted concerning medical examinations following the adoption of the Code of the Merchant Navy, Act L/95/23/CTRN of 12 June 1995. The Government did not provide any explanations in this regard, but referred to Order 4140/MFP/SGG/2001 of 19 September 2001, which sets out the powers and functions of the National Maritime Harbours’ Health Unit. According to the Government’s indications, the Harbours’ Health Unit is not mandated to carry out any medical examinations of fishers but only medical control over fishing vessels with a view to identifying possibly contagious diseases and alerting the competent authorities accordingly. In the light of the preceding observations, the Committee is bound to reiterate its request for further clarifications on the following points: (i) the current status of Decree 2264/MT of 1982; (ii) any possible implications of the adoption of the Code of the Merchant Navy might have on the application of the Convention; and (iii) the legislative or other text(s) giving effect to the specific requirements of Articles 3 to 5 of the Convention. The Committee would also appreciate receiving a copy of the abovementioned Order.

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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:
Repetition
Articles 2 and 3 of the Convention. Medical certificate for fishers. The Committee recalls its previous comments in which it requested the Government to indicate whether Decree 2264/MT of 9 April 1982 (sections 5–7 of which gave effect to the provisions of Convention No. 113), is still in force, and also to clarify whether any new provisions have been adopted concerning medical examinations following the adoption of the Code of the Merchant Navy, Act L/95/23/CTRN of 12 June 1995. The Government did not provide any explanations in this regard, but referred to Order 4140/MFP/SGG/2001 of 19 September 2001, which sets out the powers and functions of the National Maritime Harbours’ Health Unit. According to the Government’s indications, the Harbours’ Health Unit is not mandated to carry out any medical examinations of fishers but only medical control over fishing vessels with a view to identifying possibly contagious diseases and alerting the competent authorities accordingly. In the light of the preceding observations, the Committee is bound to reiterate its request for further clarifications on the following points: (i) the current status of Decree 2264/MT of 1982; (ii) any possible implications of the adoption of the Code of the Merchant Navy might have on the application of the Convention; and (iii) the legislative or other text(s) giving effect to the specific requirements of Articles 3 to 5 of the Convention. The Committee would also appreciate receiving a copy of the abovementioned Order.

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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:
Repetition
Articles 2 and 3 of the Convention. Medical certificate for fishers. The Committee recalls its previous comments in which it requested the Government to indicate whether Decree 2264/MT of 9 April 1982 (sections 5–7 of which gave effect to the provisions of Convention No. 113), is still in force, and also to clarify whether any new provisions have been adopted concerning medical examinations following the adoption of the Code of the Merchant Navy, Act L/95/23/CTRN of 12 June 1995. The Government did not provide any explanations in this regard, but referred to Order 4140/MFP/SGG/2001 of 19 September 2001, which sets out the powers and functions of the National Maritime Harbours’ Health Unit. According to the Government’s indications, the Harbours’ Health Unit is not mandated to carry out any medical examinations of fishers but only medical control over fishing vessels with a view to identifying possibly contagious diseases and alerting the competent authorities accordingly. In the light of the preceding observations, the Committee is bound to reiterate its request for further clarifications on the following points: (i) the current status of Decree 2264/MT of 1982; (ii) any possible implications of the adoption of the Code of the Merchant Navy might have on the application of the Convention; and (iii) the legislative or other text(s) giving effect to the specific requirements of Articles 3 to 5 of the Convention. The Committee would also appreciate receiving a copy of the abovementioned Order.
Part V of the report form. Application in practice. The Committee would be grateful if the Government would provide general information on the manner the Convention is applied in practice, for instance, the number of professional fishers covered by the Convention, any available statistics on the number of medical examinations performed and medical certificates issued to fishers annually, extracts from reports of the inspection services, information concerning the number and nature of contraventions observed, etc.
The Committee also draws the Government’s attention to the Work in Fishing Convention, 2007 (No. 188), which revises in an integrated manner most of the existing ILO fishing instruments. The Committee invites the Government to give favourable consideration to the ratification of Convention No. 188 and to keep the Office informed of any decision taken in this regard.

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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:
Repetition
Articles 2 and 3 of the Convention. Medical certificate for fishers. The Committee recalls its previous comments in which it requested the Government to indicate whether Decree 2264/MT of 9 April 1982 (sections 5–7 of which gave effect to the provisions of Convention No. 113), is still in force, and also to clarify whether any new provisions have been adopted concerning medical examinations following the adoption of the Code of the Merchant Navy, Act L/95/23/CTRN of 12 June 1995. The Government did not provide any explanations in this regard, but referred to Order 4140/MFP/SGG/2001 of 19 September 2001, which sets out the powers and functions of the National Maritime Harbours’ Health Unit. According to the Government’s indications, the Harbours’ Health Unit is not mandated to carry out any medical examinations of fishers but only medical control over fishing vessels with a view to identifying possibly contagious diseases and alerting the competent authorities accordingly. In the light of the preceding observations, the Committee is bound to reiterate its request for further clarifications on the following points: (i) the current status of Decree 2264/MT of 1982; (ii) any possible implications of the adoption of the Code of the Merchant Navy might have on the application of the Convention; and (iii) the legislative or other text(s) giving effect to the specific requirements of Articles 3 to 5 of the Convention. The Committee would also appreciate receiving a copy of the abovementioned Order.
Part V of the report form. Application in practice. The Committee would be grateful if the Government would provide general information on the manner the Convention is applied in practice, for instance, the number of professional fishers covered by the Convention, any available statistics on the number of medical examinations performed and medical certificates issued to fishers annually, extracts from reports of the inspection services, information concerning the number and nature of contraventions observed, etc.
The Committee also draws the Government’s attention to the Work in Fishing Convention, 2007 (No. 188), which revises in an integrated manner most of the existing ILO fishing instruments. The Committee invites the Government to give favourable consideration to the ratification of Convention No. 188 and to keep the Office informed of any decision taken in this regard.

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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:

Articles 2 and 3 of the Convention. Medical certificate for fishers. The Committee recalls its previous comments in which it requested the Government to indicate whether Decree 2264/MT of 9 April 1982 (sections 5–7 of which gave effect to the provisions of Convention No. 113), is still in force, and also to clarify whether any new provisions have been adopted concerning medical examinations following the adoption of the Code of the Merchant Navy, Act L/95/23/CTRN of 12 June 1995. The Government did not provide any explanations in this regard, but referred to Order 4140/MFP/SGG/2001 of 19 September 2001, which sets out the powers and functions of the National Maritime Harbours’ Health Unit. According to the Government’s indications, the Harbours’ Health Unit is not mandated to carry out any medical examinations of fishers but only medical control over fishing vessels with a view to identifying possibly contagious diseases and alerting the competent authorities accordingly. In the light of the preceding observations, the Committee is bound to reiterate its request for further clarifications on the following points: (i) the current status of Decree 2264/MT of 1982; (ii) any possible implications of the adoption of the Code of the Merchant Navy might have on the application of the Convention; and (iii) the legislative or other text(s) giving effect to the specific requirements of Articles 3 to 5 of the Convention. The Committee would also appreciate receiving a copy of the abovementioned Order.

Part V of the report form. Application in practice. The Committee would be grateful if the Government would provide general information on the manner the Convention is applied in practice, for instance, the number of professional fishers covered by the Convention, any available statistics on the number of medical examinations performed and medical certificates issued to fishers annually, extracts from reports of the inspection services, information concerning the number and nature of contraventions observed, etc.

The Committee also draws the Government’s attention to the new Work in Fishing Convention, 2007 (No. 188), which was adopted by the International Labour Conference at its 96th Session (June 2007) and which revises and updates most ILO instruments on fishing, including Convention No. 113. The Committee requests the Government to pay all due attention to this new global instrument on the working and living conditions of fishers and to keep the Office informed of any decision taken with a view to its ratification.

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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:

Articles 2 and 3 of the Convention. Medical certificate for fishers. The Committee recalls its previous comments in which it requested the Government to indicate whether Decree 2264/MT of 9 April 1982 (sections 5–7 of which gave effect to the provisions of Convention No. 113), is still in force, and also to clarify whether any new provisions have been adopted concerning medical examinations following the adoption of the Code of the Merchant Navy, Act L/95/23/CTRN of 12 June 1995. The Government did not provide any explanations in this regard, but referred to Order 4140/MFP/SGG/2001 of 19 September 2001, which sets out the powers and functions of the National Maritime Harbours’ Health Unit. According to the Government’s indications, the Harbours’ Health Unit is not mandated to carry out any medical examinations of fishers but only medical control over fishing vessels with a view to identifying possibly contagious diseases and alerting the competent authorities accordingly. In the light of the preceding observations, the Committee is bound to reiterate its request for further clarifications on the following points: (a) the current status of Decree 2264/MT of 1982; (b) any possible implications of the adoption of the Code of the Merchant Navy might have on the application of the Convention; and (c) the legislative or other text(s) giving effect to the specific requirements of Articles 3 to 5 of the Convention. The Committee would also appreciate receiving a copy of the abovementioned Order.

Part V of the report form. Application in practice. The Committee would be grateful if the Government would provide general information on the manner the Convention is applied in practice, for instance, the number of professional fishers covered by the Convention, any available statistics on the number of medical examinations performed and medical certificates issued to fishers annually, extracts from reports of the inspection services, information concerning the number and nature of contraventions observed, etc.

The Committee also draws the Government’s attention to the new Work in Fishing Convention, 2007 (No. 188), which was adopted by the International Labour Conference at its 96th Session (June 2007) and which revises and updates most ILO instruments on fishing, including Convention No. 113. The Committee requests the Government to pay all due attention to this new global instrument on the working and living conditions of fishers and to keep the Office informed of any decision which it might take with a view to its ratification.

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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:

The Committee recalls its previous comments in which it requested the Government to indicate whether Decree 2264/MT of 9 April 1982 (sections 5–7 of which gave effect to the provisions of Convention No. 113), is still in force, and also to clarify whether any new provisions have been adopted concerning medical examinations following the adoption of the Code of the Merchant Navy, Act L/95/23/CTRN of 12 June 1995. The Government did not provide any explanations in this regard, but referred to Order 4140/MFP/SGG/2001 of 19 September 2001, which sets out the powers and functions of the National Maritime Harbours’ Health Unit. According to the Government’s indications, the Harbours’ Health Unit is not mandated to carry out any medical examinations of fishers but only medical control over fishing vessels with a view to identifying possibly contagious diseases and alerting the competent authorities accordingly. In the light of the preceding observations, the Committee is bound to reiterate its request for further clarifications on the following points: (a) the current status of Decree 2264/MT of 1982; (b) any possible implications of the adoption of the Code of the Merchant Navy might have on the application of the Convention; and (c) the legislative or other text(s) giving effect to the specific requirements of Articles 3 to 5 of the Convention. The Committee would also appreciate receiving a copy of the abovementioned Order.

Part V of the report form. The Committee would be grateful if the Government would provide general information on the manner the Convention is applied in practice, for instance, the number of professional fishers covered by the Convention, any available statistics on the number of medical examinations performed and medical certificates issued to fishers annually, extracts from reports of the inspection services, information concerning the number and nature of contraventions observed, etc.

The Committee also draws the Government’s attention to the new Work in Fishing Convention, 2007 (No. 188), which was adopted by the International Labour conference at its 96th Session (June 2007) and revises and updates most ILO instruments on fishing, including Convention No. 113. The Committee requests the Government to pay all due attention to this new global instrument on the working and living conditions of fishers and to keep the Office informed of any decision which it might take with a view to its ratification.

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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:

The Committee recalls its previous comments in which it requested the Government to indicate whether Decree 2264/MT of 9 April 1982 (sections 5–7 of which gave effect to the provisions of Convention No. 113), is still in force, and also to clarify whether any new provisions have been adopted concerning medical examinations following the adoption of the Code of the Merchant Navy, Act L/95/23/CTRN of 12 June 1995. The Government, in its last report, did not provide any explanations in this regard, but referred to Order 4140/MFP/SGG/2001 of 19 September 2001, which sets out the powers and functions of the National Maritime Harbours’ Health Unit. According to the Government’s indications, the Harbours’ Health Unit is not mandated to carry out any medical examinations of fishers but only medical control over fishing vessels with a view to identifying possibly contagious diseases and alerting the competent authorities accordingly. In the light of the preceding observations, the Committee is bound to reiterate its request for further clarifications on the following points: (a) the current status of Decree 2264/MT of 1982; (b) any possible implications of the adoption of the Code of the Merchant Navy might have on the application of the Convention; and (c) the legislative or other text(s) giving effect to the specific requirements of Articles 3 to 5 of the Convention. The Committee would also appreciate receiving a copy of the abovementioned Order.

Part V of the report form. The Committee would be grateful if the Government would provide general information on the manner the Convention is applied in practice, for instance, the number of professional fishers covered by the Convention, any available statistics on the number of medical examinations performed and medical certificates issued to fishers annually, extracts from reports of the inspection services, information concerning the number and nature of contraventions observed, etc.

The Committee also draws the Government’s attention to the new Work in Fishing Convention, 2007 (No. 188), which was adopted by the International Labour conference at its 96th Session (June 2007) and revises and updates most ILO instruments on fishing, including Convention No. 113. The Committee requests the Government to pay all due attention to this new global instrument on the working and living conditions of fishers and to keep the Office informed of any decision which it might take with a view to its ratification.

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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 recalls its previous comments in which it requested the Government to indicate whether Decree 2264/MT of 9 April 1982 (sections 5-7 of which gave effect to the provisions of Convention No. 113), is still in force, and also to clarify whether any new provisions have been adopted concerning medical examinations following the adoption of the Code of the Merchant Navy, Act L/95/23/CTRN of 12 June 1995. The Government, in its last report, does not provide any explanations in this regard, but refers to Order 4140/MFP/SGG/2001 of 19 September 2001, which sets out the powers and functions of the National Maritime Harbours’ Health Unit. According to the Government’s indications, the Harbours’ Health Unit is not mandated to carry out any medical examinations of fishers but only medical control over fishing vessels with a view to identifying possibly contagious diseases and alerting the competent authorities accordingly. In the light of the preceding observations, the Committee is obliged to reiterate its request for further clarifications on the following points: (a) the current status of Decree 2264/MT of 1982; (b) any possible implications of the adoption of the Code of the Merchant Navy might have on the application of the Convention; and (c) the legislative or other text(s) giving effect to the specific requirements of Articles 3 to 5 of the Convention. The Committee would also appreciate receiving a copy of the abovementioned Order.

Part V of the report form. The Committee would be grateful if the Government would provide general information on the manner the Convention is applied in practice, for instance, the number of professional fishers covered by the Convention, any available statistics on the number of medical examinations performed and medical certificates delivered to fishers annually, extracts from reports of the inspection services, information concerning the number and nature of contraventions observed, etc.

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The Committee recalls its previous comments in which it requested the Government to indicate whether Decree 2264/MT of 9 April 1982 (sections 5-7 of which gave effect to the provisions of Convention No. 113), is still in force, and also to clarify whether any new provisions have been adopted concerning medical examinations following the adoption of the Code of the Merchant Navy, Act L/95/23/CTRN of 12 June 1995. The Government, in its last report, does not provide any explanations in this regard, but refers to Order 4140/MFP/SGG/2001 of 19 September 2001, which sets out the powers and functions of the National Maritime Harbours’ Health Unit. According to the Government’s indications, the Harbours’ Health Unit is not mandated to carry out any medical examinations of fishers but only medical control over fishing vessels with a view to identifying possibly contagious diseases and alerting the competent authorities accordingly. In the light of the preceding observations, the Committee is obliged to reiterate its request for further clarifications on the following points: (a) the current status of Decree 2264/MT of 1982; (b) any possible implications of the adoption of the Code of the Merchant Navy might have on the application of the Convention; and (c) the legislative or other text(s) giving effect to the specific requirements of Articles 3 to 5 of the Convention. The Committee would also appreciate receiving a copy of the abovementioned Order.

Part V of the report form. The Committee would be grateful if the Government would provide general information on the manner the Convention is applied in practice, for instance, the number of professional fishers covered by the Convention, any available statistics on the number of medical examinations performed and medical certificates delivered to fishers annually, extracts from reports of the inspection services, information concerning the number and nature of contraventions observed, etc.

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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:

The Committee notes that a new Maritime Code was promulgated as Law L/95/23/CTRN on 12 June 1995. It requests the Government to indicate whether Decree No. 226/MT of 9 April 1982 is still in force, and if not, to provide a copy of any provisions adopted pursuant to article 566 of the new Maritime Code concerning medical examinations.

CMNT_TITLE

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:

The Committee notes that a new Maritime Code was promulgated as Law L/95/23/CTRN on 12 June 1995. It requests the Government to indicate whether Decree No. 226/MT of 9 April 1982 is still in force, and if not, to provide a copy of any provisions adopted pursuant to article 566 of the new Maritime Code concerning medical examinations.

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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 that a new Maritime Code was promulgated as Law L/95/23/CTRN on 12 June 1995. It requests the Government to indicate whether Decree No. 226/MT of 9 April 1982 is still in force, and if not, to provide a copy of any provisions adopted pursuant to article 566 of the new Maritime Code concerning medical examinations.

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The Committee notes that a new Maritime Code was promulgated as Law L/95/23/CTRN on 12 June 1995. It requests the Government to indicate whether Decree No. 2264/MT of 9 April 1982 is still in force, and if not, to provide a copy of any provisions adopted pursuant to article 566 of the new Maritime Code concerning medical examinations.

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