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Accommodation of Crews (Fishermen) Convention, 1966 (No. 126) - Belgium (RATIFICATION: 1969)

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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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Article 13(1) of the Convention. Sickbay. The Committee observes that, under the terms of section 13(1) of Annex XIX of the Royal Order of 20 July 1973 issuing the Maritime Inspection Regulations (RIM) respecting crew accommodation, as amended by the Royal Order of 7 January 1998 respecting medical assistance on board ship, vessels of over 500 gross tonnes in which the crew is composed of 15 or more workers engaged on a voyage of over three days, shall have a bay for the provision of medical care. The Committee however recalls that, in accordance with Article 13(1) of the Convention, a sickbay shall be provided on all fishing vessels of 500 tonnes or over, irrespective of the numbers of crew members. The Committee therefore hopes that the Government will take measures to amend the legislation in relation to the types of fishing vessels on which a sickbay shall be provided, so as to give full effect to this provision of the Convention. The Committee also once again requests the Government to indicate whether variations, as envisaged in section 1(4) of Annex XIV above, have been allowed up to now and, if so, to provide the available information on this subject.

Finally, the Committee takes this occasion to recall that most of the provisions of the Convention have been incorporated into the Work in Fishing Convention, 2007 (No. 188), which comprehensively revises most of the ILO instruments on fishing. In particular, Articles 25 to 28 of Annex III of Convention No. 188 are based on the provisions of Convention No. 126, which they further develop. The Committee invites the Government to envisage favourably the possibility of ratifying Convention No. 188 and to keep the Office informed of any decision that may be taken in that respect.

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Article 1, paragraph 7, of the Convention. Exceptions. The Committee notes that section 1(4) of Annex XIV to the Royal Decree of 20 July 1973, issuing the Maritime Inspection Regulations (RIM), as amended in 1998, still allows the prescriptions of the abovementioned annex to be varied for any vessel if the competent authority is satisfied, after consultation with the fishing vessel owners’ and fishers’ organizations, that the variations to be made provide corresponding advantages as a result of which the overall conditions are no less favourable than those that would result from the full application of the prescriptions of the annex. The Committee notes in this connection that the Government has provided no information on the application of this provision since 1993. It therefore asks the Government to indicate whether any such variations have been allowed and, if so, to provide relevant information on them.

Article 13. Sick bay and medicine chest. The Committee notes with interest the Royal Order of 7 January 1998 on medical treatment on board vessels, which transposes Council Directive No. 92/29/EEC of 31 March 1992. It notes in particular that all vessels must at all times have medical supplies on board (section 2(1) of the Royal Order); that any vessel with 100 or more persons on board embarking on an international trip of more than three days must have a doctor on board; and that any vessel with 300 or more persons on board embarking on an international trip of more than three days must also have a nurse on board (section 2(5) of the Royal Order).

The Committee further notes that the Royal Order of 7 January 1998 amends Annex XIV of the RIM covering prescriptions for the accommodation of crews. In this connection, it notes that the amended version of Annex XIV drops the requirement for fishing vessels of 45 metres or more in length to have a sick bay (former section 13(1)(2) of Annex XIV). The new version of section 13(1) of Annex XIV requires all vessels covered by the Royal Order of 7 January 1998 of over 500 gross registered tons, having a crew of 15 or more and embarking on a trip of more than three days to have an area in which medical care can be administered. The Committee nonetheless draws the Government’s attention to the fact that, under Article 13, paragraph 1, of the Convention, there must be a sick bay on vessels of 500 tons or over, and that this requirement is not contingent upon a minimum crew size. Furthermore, ccording to Article 1, paragraph 6(e), of the Convention, Article 13, paragraph 1, setting out requirements regarding a sick bay, does not apply to vessels that normally remain away from their home ports for periods of less than 36 hours and in which the crew does not live permanently on board when in port. This Article does not, therefore, allow any exemption from the sick bay rule in the case of fishing vessels undertaking trips of at least 36 hours but less than three days, as does the new legislation. The Committee trusts that the Government will promptly take the necessary measures to ensure that full effect is given to the Convention in this matter.

Part V of the report form. The Committee requests the Government to provide general information on the application of the Convention in practice including, for instance, extracts from reports of the inspection services containing information on the number and nature of the infringements reported.

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Article 1, paragraph 7, of the Convention. The Committee recalls the provisions of section 1, paragraph 4, of Annex XIV of the Royal Order of 20 July 1973 which empower the competent authority in certain conditions to exempt any vessel from the full application of any of the requirements set out in the Annex. A similar provision is also included in section 4, paragraph 2, of the Act of 5 June 1972. The Committee would be grateful if the Government would indicate whether any such exemptions have been granted and, if so, communicate particulars of such variations, in accordance with the provisions of the Convention.