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Accommodation of Crews Convention (Revised), 1949 (No. 92) - Republic of Moldova (RATIFICATION: 2005)

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Previous comment

The Committee notes the report provided by the Government on the application of the maritime Conventions. With a view to providing an overview of the matters raised in relation to the application of these Conventions, the Committee considers it appropriate to examine them in a single comment, as follows.

In its previous comments, noting that according to the most recent statistics published by the United Nations, there is a number of ships flying the flag of the Republic of Moldova, the Committee requested the Government to indicate the concrete measures adopted to give full effect to the requirements of Conventions Nos 92 and 133. The Committee notes the Government’s indication that regulations for the implementation of the provisions of these Conventions will be drawn up. Noting the lack of progress in this regard, the Committee reiterates its previous request.

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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
The Committee noted that, according to section 59 of the Merchant Shipping Code of 2001: (1) The shipowner shall ensure: safe working conditions on board the vessel; measures to protect the health of crew members; a supply of fresh food and drinking water; the presence on board the vessel of rescue equipment; suitable operational areas, living accommodation, and other areas. (2) The minimum standards set out in paragraph (1) shall not be inferior to those specified by international agreements to which the Republic of Moldova is a party. The Government stated, therefore, that general living conditions on board ships flying the Moldovan flag must not be inferior to those established by ILO Conventions Nos 92 and 133. While the Committee accepted this as a principle, it noted that there are numerous provisions in these Conventions which are not self-executing and require concrete national action to give them effect at national level. As an example, Article 6, paragraph 8, of Convention No 92 requires that “The competent authority shall decide to what extent fire-prevention or fire-retarding measures shall be required to be taken in the construction of the accommodation.” The Committee, therefore, requested the Government to enact the necessary laws and regulations to give effect to these Conventions. The Committee notes the Government’s indication in its reports that it carried out various reforms of the central public administration and that, in this framework, it created the Naval Agency, which became operational in 2019. This measure was needed to create an institutional framework capable to elaborate normative texts and implement the ILO Conventions.
The Government further states that while important steps are being taken to improve the legal framework for flag State control, there is a shortage of qualified human resources with the necessary technical and legal expertise on maritime labour issues. The Government states that it needs to identify the opportunities for technical assistance in this area. Noting that according to the most recent statistics published by the United Nations, 143 ships are flying the flag of the Republic of Moldova, the Committee requests the Government to indicate the concrete measures adopted to give full effect to the requirements of Conventions Nos 92 and 133. The Committee further recalls that the Government may avail itself of the technical assistance of the Office.

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Accommodation of Crews Convention (Revised), 1949 (No. 92)

Accommodation of Crews (Supplementary Provisions) Convention, 1970 (No. 133)

The Committee noted that, according to section 59 of the Merchant Shipping Code of 2001: (1) The shipowner shall ensure: safe working conditions on board the vessel; measures to protect the health of crew members; a supply of fresh food and drinking water; the presence on board the vessel of rescue equipment; suitable operational areas, living accommodation, and other areas. (2) The minimum standards set out in paragraph (1) shall not be inferior to those specified by international agreements to which the Republic of Moldova is a party. The Government stated, therefore, that general living conditions on board ships flying the Moldovan flag must not be inferior to those established by ILO Conventions Nos 92 and 133. While the Committee accepted this as a principle, it noted that there are numerous provisions in these Conventions which are not self-executing and require concrete national action to give them effect at national level. As an example, Article 6, paragraph 8, of Convention No 92 requires that “The competent authority shall decide to what extent fire-prevention or fire-retarding measures shall be required to be taken in the construction of the accommodation.” The Committee, therefore, requested the Government to enact the necessary laws and regulations to give effect to these Conventions. The Committee notes the Government’s indication in its reports that it carried out various reforms of the central public administration and that, in this framework, it created the Naval Agency, which became operational in 2019. This measure was needed to create an institutional framework capable to elaborate normative texts and implement the ILO Conventions. The Government further states that while important steps are being taken to improve the legal framework for flag State control, there is a shortage of qualified human resources with the necessary technical and legal expertise on maritime labour issues. The Government states that it needs to identify the opportunities for technical assistance in this area. Noting that according to the most recent statistics published by the United Nations, 143 ships are flying the flag of the Republic of Moldova, the Committee requests the Government to indicate the concrete measures adopted to give full effect to the requirements of Conventions Nos 92 and 133. The Committee further recalls that the Government may avail itself of the technical assistance of the Office.

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The Committee notes with concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments initially made in 2010.

Repetition

Article 3 of the Convention. Laws and regulations. The Committee notes the Government’s indication that no national laws or regulations have so far been adopted to implement the provisions of the Convention. The Committee recalls that in its previous report, the Government had stated that in 2007–08 the Ministry of Health and the Ministry of Transport were expected to draw up appropriate regulations and standards for Moldova-flagged seagoing ships. The Committee also recalls that numerous provisions of the Convention are not self-executing and require concrete action, legislative or other, to become effective. The Committee accordingly requests the Government to enact implementing legislation without delay and to provide information on any measures taken or envisaged to that end.

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Repetition

Article 3 of the Convention. Laws and regulations. The Committee notes the Government’s indication that no national laws or regulations have so far been adopted to implement the provisions of the Convention. The Committee recalls that in its previous report, the Government had stated that in 2007–08 the Ministry of Health and the Ministry of Transport were expected to draw up appropriate regulations and standards for Moldova-flagged seagoing ships. The Committee also recalls that numerous provisions of the Convention are not self-executing and require concrete action, legislative or other, to become effective. The Committee accordingly requests the Government to enact implementing legislation without delay and to provide information on any measures taken or envisaged to that end.

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The Committee notes with regret 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

Article 3 of the Convention. Laws and regulations. The Committee notes the Government’s indication that no national laws or regulations have so far been adopted to implement the provisions of the Convention. The Committee recalls that in its previous report, the Government had stated that in 2007–08 the Ministry of Health and the Ministry of Transport were expected to draw up appropriate regulations and standards for Moldova-flagged seagoing ships. The Committee also recalls that numerous provisions of the Convention are not self-executing and require concrete action, legislative or other, to become effective. The Committee accordingly requests the Government to enact implementing legislation without delay and to provide information on any measures taken or envisaged to that end.

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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
Article 3 of the Convention. Laws and regulations. The Committee notes the Government’s indication that no national laws or regulations have so far been adopted to implement the provisions of the Convention. The Committee recalls that in its previous report, the Government had stated that in 2007–08 the Ministry of Health and the Ministry of Transport were expected to draw up appropriate regulations and standards for Moldova-flagged seagoing ships. The Committee also recalls that numerous provisions of the Convention are not self-executing and require concrete action, legislative or other, to become effective. The Committee accordingly requests the Government to enact implementing legislation without delay and to provide information on any measures taken or envisaged to that end.
Practical application. The Committee requests the Government to give a general appreciation of the manner in which the Convention is applied in practice, including, for instance, information on the number of seafarers and ships covered by the measures giving effect to the Convention, extracts from reports of the inspection services showing the number and nature of any infringements observed and any difficulties encountered in the application of the Convention.

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Article 3 of the Convention. Laws and regulations. The Committee notes the Government’s indication that no national laws or regulations have so far been adopted to implement the provisions of the Convention. The Committee recalls that in its previous report, the Government had stated that in 2007–08 the Ministry of Health and the Ministry of Transport were expected to draw up appropriate regulations and standards for Moldova-flagged seagoing ships. The Committee also recalls that numerous provisions of the Convention are not self-executing and require concrete action, legislative or other, to become effective. The Committee accordingly requests the Government to enact implementing legislation without delay and to keep the Office informed of any measures taken or envisaged to that end.

Part V of the report form. Practical application. The Committee requests the Government to give a general appreciation of the manner in which the Convention is applied in practice, including, for instance, information on the number of seafarers and ships covered by the measures giving effect to the Convention, extracts from reports of the inspection services showing the number and nature of any infringements observed and any difficulties encountered in the application of the Convention.

Finally, the Committee takes this opportunity to recall that most of the provisions of Conventions Nos 92 and 133 have been incorporated in Title 3 of the Maritime Labour Convention, 2006 (MLC, 2006), and therefore ensuring compliance with these Conventions would facilitate the implementation of the corresponding requirements of the MLC, 2006. The Committee requests the Government to keep the Office informed of any further developments regarding the process of ratification and effective implementation of the MLC, 2006.

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The Committee notes the Government’s first report on the application of the Convention. It further notes that, according to section 59 of the Merchant Shipping Code of 2001:

(1) The shipowner shall ensure:

safe working conditions on board the vessel;

measures to protect the health of crew members;

a supply of fresh food and drinking water;

the presence on board the vessel of rescue equipment;

suitable operational areas, living accommodation, and other areas.

(2) The minimum standards set out in paragraph (1) shall not be inferior to those specified by international agreements to which the Republic of Moldova is a party.

The Government states, therefore, that general living conditions on board ships flying the Moldovan flag must not be inferior to those established by ILO Conventions Nos 92 and 133.

While the Committee of Experts accepts this as a principle, there are numerous provisions in ILO Conventions which are not self-executing and require concrete national action to transform them into national law and practice. Part II of the report form on these Conventions provides guidance on how to deal with the issue and the Committee usually appreciates receiving information on the measures taken to bring the provisions of the Convention, transformed into national law, to the knowledge of the persons and authorities concerned, e.g. social partners, labour inspection, classification societies, etc. Therefore, while certain sufficiently concrete and precise provisions of the Convention are directly applicable at national level, others require an act of the legislator or the competent authority, as is expressed in Article 4 of both Convention No. 92 and Convention No. 133. As an example, Article 6, paragraph 8, of the Convention requires that “The competent authority shall decide to what extent fire-prevention or fire-retarding measures shall be required to be taken in the construction of the accommodation.”

The Committee, therefore, requests the Government to enact the necessary laws and regulations to give effect to the Convention. While the Government states that to date there have been no registrations of seagoing ships in the Republic of Moldova, and that for this reason the provisions of Conventions Nos 92 and 133 are not yet applied in the Republic of Moldova, other sources appear to indicate a number of seagoing ships on the register of the Republic of Moldova.

The Government further informs that the Ministry of Health and the Ministry of Transport have been instructed to take the necessary steps to give effect to the provisions of the Convention, and that during the period 2007–08 it is envisaged that appropriate national regulations and standards will be drawn up for seagoing ships flying the Moldovan flag.

The Committee requests the Government to keep it informed on all developments concerning ships registering under the flag of the Republic of Moldova as well as on any progress in implementing the Convention in national law.