CMNT_TITLE

Work in Fishing Convention, 2007 (No. 188) - Lithuania (RATIFICATION: 2016)

Other comments on C188

Direct Request

2023
2019

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The Committee notes the Government’s second report on the application of the Work in Fishing Convention, 2007 (No. 188). Following the second review of the information and documents available, the Committee draws the Government’s attention to the following issues.

Article 3 of the Convention. Scope of application. Exclusions. The Committee notes that, in reply to its previous request regarding the exclusion of fishing vessels operating in inland waters from the scope of application of the Convention, the Government indicates that: (i) fishing in inland waters is regulated by the Law on Fisheries and other legal acts; (ii) Lithuania does not have big-scale ships engaged in fishing in inland waters, rather small ships that are used for a one-day trip to the sea; and (iii) all legal acts are published for official approval and public comment. While noting this information, the Committee requests the Government to indicate how the Law on Fisheries and other relevant legislation provide to fishers working on fishing vessels operating in inland waters protection equivalent to that afforded by the Convention.

Article 9, paragraphs 3 and 4. Minimum age. Prohibition of hazardous work for fishers under 18 years. The Committee previously noted that, under the “Description of the procedure for organizing the recruitment, work and professional training of persons under 18 years of age and the conditions for child employment”, No. 518 of 28 June 2017 (Resolution No. 518/2017), the list of hazardous types of work/trainings which may not been undertaken by persons under 18 years expressly excludes work of young persons on ships (section 22.14). It requested the Government to clarify how it ensures conformity with Article 9, paragraphs 3 and 4. The Committee notes the Government’s information that section 22.14 of Resolution No. 518/17 has been amended in 2020 and does not longer include a reference to work on ships. The Government also indicates that sections 22 and 23 of Resolution No. 518/2017 respectively provide for the list of prohibited jobs and harmful or dangerous working environment factors for persons under the age of 18. Social partners and stakeholders were consulted at the project stage of this legal act. The Committee notes, however, that the types of activities and factors mentioned in sections 22 and 23 of Resolution No. 518/2017 are of a general nature and do not seem to take into account the specificities of the fishing sector. The Committee therefore requests the Government to take the necessary measures to give full effect to Article 9, paragraphs 3 and 4, by adopting, after consultation, a list of types of hazardous activities on board fishing vessels prohibited to young persons under 18 years.

Article 14, paragraph 1(a). Manning for vessels of 24 metres in length and over. The Committee notes that, in reply to its previous comments regarding the minimum level of manning for fishing vessels of 24 metres and over, the Government refers to Order No. 2BE-381 “On the Approval of the Minimum Crew Composition Requirements and Related Forms of Documents for a Vessel Registered at the Vessel Registry of the Republic of Lithuania” of 7 November 2018. The Committee notes that the Order, as amended in 2020, regulates manning on board fishing vessels. The Committee takes note of this information, which addresses its previous request.

Article 22. Recruitment and placement of fishers. Private employment agencies. The Committee notes that, in reply to its previous comments, the Government indicates that: (i) all the provisions of the Law on Merchant Shipping of 12 September 1996 regarding the employment of seafarers apply to fishermen; (ii) the main responsibilities within recruitment mediation services fall under the responsibility of the public employment service, which is regulated by the Law on Employment of 21 June 2016; the latter also regulates recruitment services for citizens of third countries intending to work in Lithuania (section 301); (iii) fishers may apply to private employment agencies for job searching or other labour market services but there is no systemic approach to it; (iv) Lithuania implements the Directive 2008/104/EC of the European Parliament and of the Council of 19 November 2008 on temporary agency work, which prohibits charging fees; (v) section A of the Law on Employment provides for the gratuity of employment mediation services for jobseekers; and (vi) in case of charging unlawful recruitment fees to fishers, they can report it to the competent authorities. The Committee requests the Government to indicate the number of the private employment agencies operating in its territory that provide recruitment and placement for fishers. It also requests the Government to indicate whether such agencies may employ directly fishers to make them available to fishing vessel owners (Article 22, paragraph 4) and, if so, to specify: (i) how the respective responsibilities of any such private employment agencies and of the fishing vessel owners have been determined and allocated pursuant to Article 12 of Convention No. 181; and (ii) how Article 22, paragraph 5 of Convention No. 188 is implemented (liability of the fishing vessel owner in case of default of the private employment agency’s obligations).

Articles 25–27 and Annex III. Accommodation. Scope of application. The Committee notes that, in reply to its request on the measures to ensure that the requirements of Articles 25–27 and Annex III are applied to all new decked fishing vessels as defined by the Convention, the Government indicates that Hygiene Standard HN 113:2001 (HN 113:2001), as amended by Order No V-1806 of the Minister of Health of 7 August 2020, defines a “new fishing vessel” in accordance with the provisions of the Convention. While noting that section 6 of HN 113:2001 provides for a definition of “new fishing vessel” in line with Annex III, paragraph 1(a) of the Convention, the Committee notes that: (i) HN 113:2001 does not cover fishing vessels of less than 12 metres; and (ii) the definition of “new fishing vessel” in Order No. 55/262/285 of 29 June 1999 on Approval of the General Regulations on Safe and Healthy Working Conditions on Fishing Vessels, as amended in 2020, which is partly based on the length of the vessel (15 metres or more) (section 2.1), is not in line with Annex III, paragraph 1(a). Recalling that the provisions of the Convention on accommodation apply to all new decked fishing vessels, as defined under Annex III, paragraph 1(a), regardless of their length, the Committee requests the Government to take the necessary measures to ensure that the requirements of Articles 25–27 and Annex III are implemented in respect of all new decked fishing vessels as defined by the Convention.

Articles 25, 26 and Annex III, paragraphs 9–12. Accommodation. Planning and control. Noting that the Government’s reply on this point does not respond to the point previously raised, the Committee requests it again to provide detailed information on how it complies with the requirements related to planning and control (Annex III, paragraphs 9–12).

Articles 25, 26 and Annex III, paragraph 62. Accommodation. Tubs or showers, toilets and washbasins. The Committee notes that, in reply to its previous comments, the Government refers to paragraph 18.24 and Table 5 of HN 113-2001, as amended, and indicates that stakeholders were consulted on such amendments. The Committee notes that the amended version of HN 113-2001 is not in conformity with Annex III, paragraph 62 of the Convention, as long as it provides that on board fishing vessels for crew members living in cabins without individual sanitary installations, one sink and one shower should be arranged for every eight persons (paragraph 62 requires at least one tub or shower or both and one washbasin for every six persons or fewer). The Committee requests the Government to take the necessary measures to ensure full compliance with this provision of the Convention.

Article 29(b). Medical care. Fisher qualified or trained in first aid and medical care. The Committee notes that, in reply to its previous comments, the Government indicates that Order No. V 656/3-358/A1-226 of 16 August 2005 of the Minister of Health, Minister of Social Security and Labour and Minister of Transport and Communications, requires that all ships, which are not required to have a doctor or do not have a doctor, must have a staff member appointed by the master of the ship responsible for providing first aid. Order No. 3-355 “On the Approval of the Rules of Maritime Degree Diploma and Qualification Certificates to Seafarers Working on Board Ships Engaged in International Voyages” of the Minister of Transport and Communications of 8 August 2005, provides that persons assigned on board ships to provide first aid, responsible for medical care must have a valid special certificate issued by or under the supervision of the competent authority and be competent to perform the prescribed functions. The Committee takes note of this information, which addresses its previous request.

Article 31. Occupational safety and health and accident prevention. The Committee notes that, in reply to its previous comments on the scope of Order No. 55/262/285 and Order No. 3-461 of the Minister of Transport and Communications on the classification and investigation of maritime casualties of 29 July 2011, which exclude vessels of less than 15 metres, the Government indicates that: (1) there are no fishing vessels of less than 15 metres in the Lithuanian marine vessels register; and (2) the Law on Safety and Health at Work apply to all companies and ships (section 4). The Committee notes that, according to the Organisation for Economic Cooperation and Development report on Fisheries and Aquaculture in Lithuania (January 2021), in 2018, the national fleet consisted of 144 powered vessels. Small-scale vessels, those below 12 meters in length, accounted for 70.8 per cent of the total number of vessels. The Committee requests the Government to: (i) provide updated information on the number of fishing vessels flying the Lithuanian flag which are covered by the Convention; (ii) indicate in detail how the provisions of the relevant legislation give application to Article 31 in respect of fishing vessels of less than 15 metres.

Article 31(e). Occupational safety and health and accident prevention. Joint committees on occupational safety and health. The Committee notes that, in reply to its previous comments, the Government refers again to section 13, part 2, of the Law on Safety and Health at Work for the establishment of an occupational health and safety committee on board ships, which however excludes fishing vessels from its scope. The Committee requests the Government to take the necessary measures to give effect to Article 31(e) in respect of all fishing vessels covered by the Convention.

Article 32, paragraph 2(a). Occupational safety and health and accident prevention. Requirements for fishing vessels of 24 metres and over normally remaining at sea for more than three days. On-board procedures for the prevention of occupational accidents, injuries and diseases. The Committee notes that, in reply to its previous comments, the Government refers to section 2(2) of the Law on Safety and Health at Work, which provides that the person representing the employer, in accordance with the principles of occupational safety and health, after assessing the occupational risk in the company, prepares the company’s local occupational safety and health normative legal acts (for example, rules or instructions for safe performance of work and other necessary normative measures). The Committee takes note of this information, which addresses its previous request.

Article 32, paragraph 3(b). Occupational safety and health and accident prevention. Requirements for fishing vessels of 24 metres and over normally remaining at sea for more than three days. Basic safety training. The Committee notes that, in reply to its previous comments, the Government refers to Annex 2 (Item 4) of Order No. 55/262/285, which provides that all fishers must be trained and instructed on how to act in an emergency. In addition, the Committee notes that Lithuania has ratified the International Convention on Standards of Training, Certification and Watchkeeping for Fishing Vessel Personnel, 1995 (STCW-F), which provides for basic safety training for personnel operating on board sea-going fishing vessels of 24 meters in length and over. The Committee takes note of this information, which addresses its previous request.

Article 34. Social security. The Committee notes that, in reply to its previous comments, the Government provides information on bilateral social security agreements concluded with non-EU Member States. While not all bilateral agreements have provision regarding applicable legislation for fishers, in principle the legislation of the flag State applies. The Committee requests the Government to provide: (i) statistical data on fishers who are ordinarily resident in Lithuania and work on foreign-flagged fishing vessels outside the EU area and outside the countries with which bilateral social security agreements were concluded; and (ii) information on their social security coverage.

Articles 40 and 41. Flag State responsibilities. Compliance and enforcement. The Committee notes that, in reply to its previous comment, the Government states that: (i) ships’ inspections are carried out and compliance documents are issued by authorized recognized organizations (ROs); and (ii) copies of inspection reports and certificates are not available. While taking note of this information, the Committee requests the Government to provide copy of the relevant documents as soon as they will be available, in order to be able to assess the application in practice of Articles 40 and 41.

Article 43. Compliance and enforcement. Complaints. The Committee requests the Government to: (i) provide information on the number of investigations carried out regarding cases of non-compliance with the requirements of the Convention that involve fishing vessels flying the Lithuanian flag; and (ii) describe any port State control measures taken pursuant to Article 43, including number and nature of cases considered and nature of any action taken.