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Medical Examination (Fishermen) Convention, 1959 (No. 113) - Belgium (RATIFICATION: 1963)

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The Committee notes the reports provided by the Government on the application of Conventions Nos 113, 114, 125 and 126 respecting the fishing sector. In order to provide an overview of matters arising in relation to the application of these Conventions, the Committee considers it appropriate to examine them in a single comment, as follows.

Medical Examination (Fishermen) Convention, 1959 (No. 113) Fishermen ’ s Articles of Agreement Convention, 1959 (No. 114) Accommodation of Crews (Fishermen) Convention, 1966 (No. 126)

The Committee notes the Government’s indication that the national legislation implementing Conventions Nos 113, 114 and 126 has been amended with a view to the transposition of 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. The Government adds that the procedure for the ratification of Convention No. 188 is still under way. The Committee takes note of this information.

Fishermen ’ s Competency Certificates Convention, 1966 (No. 125)

Articles 6 to 9 of the Convention. Minimum age and minimum experience required. In reply to its previous comment, the Government refers to the Act of 12 June 2020 on work in fishing, and the two royal orders implementing Council Directive (EU) 2017/159 of 19 December 2016 implementing the Agreement concerning the implementation of the ILO Work in Fishing Convention, 2007 of the International Labour Organisation. The Committee takes note of this information.

Article 15. Penalties. The Committee notes the Act of 25 December 2016 establishing administrative fines applicable in the event of offences under maritime laws, which has been provided by the Government. The Committee notes that the Act does not provide for penalties applicable to persons obtaining by fraud or forged documents an engagement to perform duties requiring certification without holding the requisite certificate. The Committee therefore requests the Government to indicate the national provisions that have been adopted or are envisaged to give effect to Article 15 of the Convention.

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Articles 3 and 4 of the Convention. Nature of medical examinations. Validity of medical certificate. The Committee notes the Government’s reference to the Royal Order of 24 May 2006 on certificates of competency of seafarers, which revises the provisions on medical examination contained in the Royal Order of 20 July 1973 issuing the regulations on maritime inspection (RIM). It notes, in particular, that section 102 of the Royal Order of 1973 has been amended and now provides that if the period of validity of a medical certificate expires in the course of a voyage the certificate will continue in force until the end of that voyage. The Committee also notes the Government’s reference to the Royal Order of 13 November 2009 on fishers’ certificates of competency which introduces a system of supervision and control of fishers’ medical certificates.

Part V of the report form. Application in practice. The Committee notes the information provided by the Government concerning the number of fishers employed on board Belgian fishing vessels and the number of irregularities observed from October 2010 to May 2011 with regard to fishers’ certificates of competency and medical certificates. The Committee requests the Government to continue providing up-to-date information concerning the application of the Convention in practice. The Committee would also appreciate receiving a copy of the standard medical certificate form currently in use.

Finally, the Committee wishes to draw 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. In particular, Articles 10 to 12 of Convention No. 188 essentially reproduce the provisions of the present Convention while affording greater flexibility in respect of vessels which are less than 24 metres in length and do not normally remain at sea for more than three days. 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 interest the adoption of the Act of 3 May 2003 issuing regulations for maritime labour contracts for maritime fishing and improving the social status of the fisher, and the Royal Order of 23 October 2001, establishing a harmonized regime for the safety of fishing vessels and amending the Royal Order of 20 July 1973, issuing regulations on maritime inspection. The Committee would like to receive further information on the following points.

Article 3, paragraph 1, of the Convention. Consultation with fishing-boat owners’ and fishers’ organizations. The Committee notes that sections 8 and 9 of Annex XX of the Royal Order of 20 July 1973, issuing the regulations on maritime inspection (RIM), which contains detailed provisions on medical examinations leading to a certificate of general fitness or a certificate of specific fitness, have been amended by the abovementioned Royal Order of 23 October 2001. The Committee recalls that, pursuant to Article 3, paragraph 1, of the Convention, the competent authority shall consult the fishing-boat owners’ and fishers’ organizations before determining the nature of the medical examination to be made and the particulars to be included in the medical certificate. The Committee asks the Government to indicate whether such consultations were held prior to the adoption of the Royal Order of 23 October 2001.

Article 3, paragraph 2. Taking into account the age of the fisher. The Committee notes that, contrary to the provisions previously applicable, sections 8 and 9 of Annex XX of the RIM, as amended, make no distinction on the basis of age with regard to physical requirements. The Committee asks the Government to indicate the manner in which the age of the fisher concerned is taken into account when prescribing the nature of the compulsory medical examination, as required by this provision of the Convention.

Article 4, paragraph 3. Expiry of the period of validity of the certificate. The Committee notes that, pursuant to section 7 of Annex XX of the RIM, the certificate of general fitness is valid for 24 months for fishers aged 21 years and older, and 12 months for those aged below 21 years. The Committee asks the Government to indicate whether, if the period of validity of a certificate expires in the course of a voyage, the certificate continues in force until the end of that voyage.

Part V of the report form. The Committee asks the Government to give a general appreciation of the manner in which the Convention is applied in practice, including, in particular, extracts from the reports of the inspection services containing information on the number and nature of the contraventions reported, and statistical data on the number of fishers covered by the abovementioned legislation.