Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes that the Government refers in its report to the legal provisions under which fishing vessels of over 100 gross registered tons are required to carry a certificated engineer. However, the Committee draws the Government’s attention to the fact that the comments that it has been making for many years on the application of Article 5 of the Convention concern the requirement to carry a certificated mate, and not an engineer, on board fishing vessels of over 100 gross registered tons. The Committee hopes that the Government will adopt the necessary measures without further delay to bring its legislation into line with the requirements of this provision of the Convention.

Moreover, as regards minimum age, the Committee notes that, under the terms of section 0102 of Chapter 1 of NORMAM-13 of 2000 respecting the admission, registration, training and vocational qualification of seafarers, the minimum age required to be a sea fisher is 18 years. It also notes, from a reading of the document of the Department of Ports and Coasts of the Maritime Authority on the vocational training of fishers, that the certificate for the skipper of a fishing vessel engaged in inland navigation requires four years’ experience on board and that the certificate for a skipper of a fishing vessel engaged on the high seas requires two additional years of vocational experience. The Committee therefore understands that the minimum age to obtain these certificates is 22 and 24 years, respectively. The Committee however notes that the above document does not establish requirements relating to professional experience for the issue of certificates for mates and engineers, and that it is not therefore possible to calculate on this basis a minimum age to obtain these certificates. The Committee notes the Government’s indications that the rules applicable in this respect are set out in the general certification plan, contained in Schedule 2-A of NORMAM-13, which the Government has not however attached to its report. The Committee requests the Government to provide a copy of the relevant provisions of NORMAM-13 so that it can ascertain whether the provisions of Article 6, paragraph 1, of the Convention respecting the minimum age required to obtain the various types of certificates are complied with by the national legislation.

Finally, the Committee notes the information provided by the Government in reply to its previous comment concerning the experience prescribed for the issue of an engineer’s certificate of competency. The Committee notes the information provided by the Government in reply to its previous comment, and particularly the document of the Department of Ports and Coasts of the Maritime Authority on the vocational training of fishers. It notes in this respect that the above document envisages a minimum of two years’ professional experience on board a vessel for the issue of an engineer’s certificate (marinheiro de máquinas). It recalls that under Article 9, paragraph 1, of the Convention the minimum professional experience prescribed by national laws or regulations for the issue of an engineer’s certificate of competency must be three years in the engine room. The Committee notes the Government’s indication in its report that it will refer the matter to the Department of Ports and Coasts so that it can take the appropriate measures in this respect. The Committee hopes that the Government will rapidly bring its legislation into conformity with the Convention on this matter and requests it to keep the Committee informed of any development in this respect.