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Article 4, paragraph 1, of the Convention. Validity of medical certificates. In reply to its previous comment, the Committee notes the Government’s indication that Ordinance No. H-11 of 30 April 2014 on determining the requirements for the medical fitness of seafarers in the Republic of Bulgaria has been amended in 2021 (SG 41 of 2014, suppl. 97 of 2019, as amended and supplemented, No 100 of 2021) to implement 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 Committee takes note of this information.

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Article 4(1) of the Convention. Validity of medical certificates The Committee had requested the Government to take appropriate action to ensure that the validity of medical certificates for young fishers does not exceed one year. The Committee takes note, in this regard, of the adoption of Ordinance No. N-11 of 30 April 2014 laying down the requirements for medical fitness of seafarers in Bulgaria. It notes the Government’s indication that this Ordinance prescribes: (a) the issuance of a medical certificate for seafarers; (b) the nature of the medical examination and the particulars to be included in the medical certificate; (c) the period of validity of the medical certificate, in particular for young persons; and (d) the possibility of further examination by an independent medical referee in case of refusal. The Committee requests the Government to clarify whether Ordinance No. N-11 of 30 April 2014 applies to fishers and, if not, to indicate the laws and regulations implementing the requirements of the Convention.
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 Organization, 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 Organizations 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.

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Article 4(1) of the Convention. Validity of medical certificates for young fishers. Further to its previous comment, in which it noted that section 9 of the Ordinance on Medical and Psycho-physiological Certification of Persons Applying for Employment and the Re-examination of Persons Working in Merchant Shipping and Deep Sea Fishing sets out a two-year compulsory medical examination for persons occupying certain positions and, in some cases, persons over 50 years of age, and a three-year examination for others, the Committee notes that the Government has not provided any new information regarding measures taken or envisaged to ensure that the validity of the medical certificates of young persons under 21 years of age does not exceed one year, as required under this Article of the Convention. However, the Committee notes the Government’s indication, included in its 2010 report on the Medical Examination (Seafarers) Convention, 1946 (No. 73), that it is planning a full revision of the Ordinance and also that it intends to ratify the Work in Fishing Convention, 2007 (No. 188), in 2013 at the latest. In this connection, the Committee recalls that Article 12(2) of Convention No. 188 requires the validity of medical certificates issued to fishers under the age of 18 not to exceed one year and all others not to exceed two years. A similar provision is also to be found in Standard A1.2(7)(a) of the Maritime Labour Convention, 2006 (MLC, 2006), regarding medical certificates of seafarers. The Committee therefore asks the Government to take appropriate action in order to align its legislation with the requirements of Convention No. 188. The Committee also requests the Government to refer to its comments made in 2010 under Convention No. 73.

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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:
Repetition
Article 4(1) of the Convention. Validity of medical certificates. The Committee notes under section 9 of the Ordinance on Medical and Psycho-physiological Certification of Persons Applying for Employment and the Re-examination of Persons Working in Merchant Shipping and Deep Sea Fishing, persons occupying certain positions and, in some cases, persons over 50 years of age, are liable to compulsory medical examination once every two years, whereas others must undergo medical examination once every three years. Recalling that the Convention requires the validity of the medical certificate for young persons of less than 21 years of age not to exceed a period of one year from the date on which it was granted, the Committee would be grateful if the Government would provide additional explanations as to how the Convention is given effect in this regard. It would also appreciate receiving a copy of the above Ordinance.
Part V of the report form. Application in practice. The Committee would be grateful if the Government would provide in its next report up to date information on the practical application of the Convention including, for instance, statistical data on the number of fishers covered by the Convention, the number of medical examinations conducted and medical certificates issued annually, extracts from reports of the labour inspection services or the Maritime Administration Executive Agency related to the enforcement of the provisions of the Convention, etc.
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. 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 the indication in the Government’s report that the national legislation implementing the provisions of the Convention is currently under comprehensive review with a view to incorporating into the national legal order all the requirements of international legal instruments ratified by Bulgaria. It requests the Government to keep it informed of the review process in so far as the application of the Convention is concerned, and to transmit a copy of any new legal text as soon as it is adopted.

Article 4, paragraph 1, of the Convention. Validity of medical certificates. The Committee notes under section 9 of the Ordinance on Medical and Psycho-physiological Certification of Persons Applying for Employment and the Re-examination of Persons Working in Merchant Shipping and Deep Sea Fishing, persons occupying certain positions and, in some cases, persons over 50 years of age, are liable to compulsory medical examination once every two years, whereas others must undergo medical examination once every three years. Recalling that the Convention requires the validity of the medical certificate for young persons of less than 21 years of age not to exceed a period of one year from the date on which it was granted, the Committee would be grateful if the Government would provide additional explanations as to how the Convention is given effect in this regard. It would also appreciate receiving a copy of the above Ordinance.

Part V of the report form. The Committee would be grateful if the Government would provide in its next report up to date information on the practical application of the Convention including, for instance, statistical data on the number of fishers covered by the Convention, the number of medical examinations conducted and medical certificates issued annually, extracts from reports of the labour inspection services or the Maritime Administration Executive Agency related to the enforcement of the provisions of the Convention, etc.

Finally, the Committee wishes to draw attention to the new Convention on work in the fishing sector, which was adopted by the 96th Session of the International Labour Conference in June 2007, with a view to revising and bringing up to date in an integrated manner most existing ILO fishing instruments. The new Convention provides a modern and flexible regulatory framework covering large fishing operations, but also addressing the concerns of small-scale fishers. The Committee invites the Government to give due consideration to the new comprehensive standard on fishers’ working and living conditions and to keep the Office informed of any decision taken with a view to its formal ratification.

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Please refer to the comments on the Medical Examination (Seafarers) Convention, 1946 (No. 73).

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