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The Committee notes the Government’s reports on the application of Conventions Nos 113, 114 and 126 relating to the fishing sector. The Committee also notes the observations of the General Union of Workers (UGT) and of the Trade Union Confederation of Workers' Commissions (CCOO), received on 22 and 31 August 2016, respectively, as well as the Government’s reply to those observations. In order to provide an overview of matters arising in relation to the application of the Conventions on the fishing sector, the Committee considers it appropriate to examine them in a single comment, as follows.
The Committee notes with interest the measures that the Government plans to take in order to transpose 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). The Committee requests the Government to provide information on any measures or legal provisions adopted within this framework that have an impact on the application of the ILO Conventions on the fishing sector.

Medical Examination (Fishermen) Convention, 1959 (No. 113)

Article 2 of the Convention. Medical certificate for fishers. The Committee notes that the CCOO refers to the need for medical staff to have access to job evaluation reports in relation to medical examinations so that they are fully aware of the occupational health risks workers face and have more precise information at their disposal when conducting such examinations. In this regard, the Committee notes the Government’s indication that the concerns raised by CCOO will be taken into account during the development of the regulations of Act No. 47/2015 on social protection for workers in the maritime fishing sector. The Committee requests the Government to provide information on any developments in this area to ensure that doctors who grant medical certificates have all the necessary information at their disposal to discharge fully the functions entrusted to them by the Convention.
Article 5 of the Convention. Independent examinations by a medical referee. The Committee notes the UGT’s indication that, in accordance with section 10 of Royal Decree No. 1696/2007, regulating pre-embarkation maritime medical examinations, persons denied a certificate only have one administrative recourse, which is determined by the Director-General of the Social Marine Institute, only taking into consideration reports by the doctor who refused to grant the certificate. The Committee notes the Government’s indication that, in the context of the regulations that are being drafted under Act No. 47/2015, a draft text is being prepared which includes the possibility for anyone who disagrees with the result of a medical examination to request another assessment by a different maritime health practitioner. The Committee requests the Government to provide information on the developments of the draft text or any other measure taken to ensure that anyone denied a medical certificate is able to request another examination by one or more medical referees.

Fishermen's Articles of Agreement Convention, 1959 (No. 114)

Articles 3 to 11 of the Convention. Fishers’ articles of agreement. In its previous comments, the Committee requested the Government to take the necessary measures, without delay, to ensure the application of the provisions of the Convention relating to the obligation to conclude fishers’ articles of agreement in writing (Article 3), the particulars that must be contained in the agreements (Article 6), the possibility for the fisher to obtain information on board about the conditions of employment (Article 8) and the need for national legislation, collective or individual agreements to determine the circumstances in which the fisher may demand his immediate discharge (Article 11). The Committee notes with interest the draft bill of February 2019, seeking to revise the amended text of the Workers’ Charter, approved by Royal Legislative Decree No. 2/2015 of 23 October 2015, on work in fishing. Prepared within the framework of the transposition of the European Union Directive, the draft bill seeks to amend section 8(2) of the amended text of the Workers’ Charter in order to require, in all cases, employment contracts for fishers in writing. The Committee also notes with interest the draft Royal Decree establishing working conditions in fishing, of September 2019, also prepared within the framework of the transposition of the Directive. This draft bill regulates, in a detailed manner, the content of fishers’ articles of agreement. The Committee requests the Government to provide information on the progress made on the draft bill and draft Royal Decree.

Accommodation of Crews (Fishermen) Convention, 1966 (No. 126)

Article 3 of the Convention. Applicable legislation. In its previous comments, the Committee requested the Government to provide information on any new legislation adopted in order to give effect to Article 3 which establishes the obligation for each Member to maintain in force legislation that ensures the application of the provisions of Parts II (Planning and control of crew accommodation) III (Crew accommodation requirements) and IV (Application to existing ships) of the Convention. The Committee notes that the draft Royal Decree of September 2019 establishing working conditions in fishing regulates certain aspects of accommodation on board fishing vessels and establishes minimum safety and health requirements applicable to the accommodation. The Committee requests the Government to provide information on the progress made on the draft Royal Decree of September 2019.
Finally, the Committee notes that the CCOO in its observations welcomes the so-called SEGUMAR campaigns for the prevention of occupational hazards in fishing conducted by the Ministry of Development, the Ministry of Labour and Immigration and the Ministry of Environment and Rural and Marine Affairs, as well as detailed information provided by the Government on those campaigns.

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Article 2 of the Convention. Fisher’s medical certificate. The Committee notes with interest the adoption of Royal Decree No. 1696/2007 of 14 December 2007 regulating pre-embarkation medical examinations for seafarers, which make specific reference to the Convention and gives it full effect. It notes in particular Annex II of the Royal Decree, which lists the criteria for assessing the physical fitness of seafarers and fishers, and Annex III, which establishes a standard pre embarkation medical fitness certificate.
Part V of the report form. Practical application. The Committee notes the statistical data provided in the Government’s report on the medical examinations of fishers carried out each year by the Social Marine Institute, as well as the disaggregated data according to age and work station. It requests the Government to continue providing general information on the manner in which the Convention is applied in practice, including on the number of fishers covered by the Convention, and to submit copies of the reports of the inspection services concerning the number and nature of infringements of the legal provisions implementing the Convention, and the corrective measures taken.
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 the information provided in the Government’s report. It would be grateful to be provided with fuller information on the following points.

Article 2 of the Convention. Legislation respecting the medical certificates issued for fishers. The Committee notes the Government’s indication that a Bill is currently being prepared to harmonize the criteria and activities to be undertaken in maritime health centres, based on experience and the problems encountered in practice, as well as on the 1997 ILO/WHO Guidelines for conducting pre-sea and periodic medical fitness examinations for seafarers. The Committee requests the Government to keep it informed of any development in this field and to provide a sample with its next report of the certificate attesting to fitness for work on a fishing vessel.

Part V of the report form. The Committee notes the statistical data provided in the Government’s report on the medical examinations carried out between 2001 and 2005. It would be grateful if the Government would continue providing general information on the manner in which the Convention is applied in practice including, for instance, the number of professional fishers covered by the Convention and statistics on the number of medical examinations carried out and medical certificates issued each year, extracts from the reports of the inspection services, and information concerning the number and nature of the contraventions reported and the penalties imposed.

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The Committee notes the Government’s report. It requests the Government to provide information on the practical application of Article 5 of the Convention as well as to provide a sample of a certificate attesting to the fitness for the work on a fishing vessel.

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Article 4, paragraph 1, of the Convention.With reference to its previous comments, the Committee notes with satisfaction that Circular No. 20/94 issued by the Ministry of Labour and Social Security (Social Marine Institute) has amended Circular No. 12/93 on the medical examination of seafarers prior to their embarkation and establishes that the maximum limit of validity of a medical examination is one year for young persons under the age of 21, thereby ensuring that the Convention is applied.

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The Committee notes the observations of the Trade Union Confederation of Workers Commissions (CC.OO) concerning the application of the Convention, a copy of which was sent to the Government by a letter of 23.11.93 so that it could make any comments it deemed appropriate. The above observations refer to the application of Articles 3, paragraph 1, and 5 of the Convention (see the Committee's comments on Articles 4 and 8 of Convention No. 73) and to Article 4, paragraph 1, in connection with Circular No. 12/93 of the Social Institute of the Navy (ISM) which specifies that medical certificates issued for persons in the age group 18 to 50 years shall be valid for one year. The Committee also refers to its comments on Convention No. 73, and would be grateful if the Government would make any observations on them that it deems appropriate.

[The Government is asked to report in detail for the period ending 30 June 1994.]

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