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Accommodation of Crews (Fishermen) Convention, 1966 (No. 126) - Spain (Ratification: 1968)

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Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

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.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Article 3 of the Convention. Implementing legislation – System of inspection. The Committee recalls its previous comment in which it requested the Government to specify whether the Orders of 17 August 1970, and 16 March 1971,which gave effect to the provisions of the Convention were still in force. The Committee understands that the Order of 16 March 1971 has been abrogated by Order of 4 December 1980 on medicine chests on board merchant vessels. It also understands that the Order of 17 August 1970 continues to be in effect as it is expressly referred to in the 2011 edition of the Technical Guide for the evaluation and prevention of occupational hazards on board fishing vessels particularly with reference to ventilation, heating, lighting, noise and sanitary accommodation standards. The Committee requests the Government to indicate whether the Committee’s understanding reflects the current state of national law and practice and to provide copies of any new legislative text(s) which may not have been previously communicated to the Office.

In addition, the Committee notes the detailed information provided by the Government concerning the SEGUMAR campaign, i.e. inspection activities jointly carried out by the Ministry of Development, the Ministry of Labour and the Ministry of Immigration, Environment and Rural and Marine Affairs. The Government indicates that in the period 2007–10, 1,225 vessels were inspected. According to the statistics published by the Maritime Social Institute, 31 per cent of the deficiencies observed related to sanitary facilities, while 19 per cent concerned crew accommodation and mess rooms. The Committee would be grateful if the Government would continue to provide, in accordance with Part V of the report form, general information on the application of the Convention in practice, including for instance the number and type of fishing vessels covered by the Convention, inspection results, and copies of official publications or studies, such as activity reports of the Maritime Social Institute.

Finally, the Committee seizes this opportunity to recall that most of the provisions of the present Convention have been incorporated in the Work in Fishing Convention, 2007 (No. 188), which revises in an integral manner most of the existing ILO fishing instruments. In particular, Articles 25–28 and Annex III of Convention No. 188, draw upon and further elaborate the provisions of Convention No. 126. The Committee accordingly 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.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes the information provided in the Government’s report, in particular the indication that, in the light of the governmental decision taken in the Council of Ministers on 29 April 2005, measures have been taken to improve security on board fishing vessels. The Government also states that, since October 2005, regular inspections of living conditions on board are carried out in collaboration with the Marine Social Institute and that this Institute is also participating in the drafting of a long-term inspection plan. In this respect, the Committee asks the Government to continue providing general information on the application of the Convention in practice, including, for instance, extracts from inspection service reports stating the number and nature of the infringements reported, and statistical information on the number and tonnage of fishing boats covered by the Convention.

Moreover, the Committee would be grateful if the Government would specify whether the Orders of 17 August 1970 and 16 March 1971, which gave effect to these provisions of the Convention, are still in force, or whether they have been repealed or amended and, if so, to communicate a copy of the texts in their current form.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the information provided by the Government in its latest report. It further notes the adoption of Royal Decree 1216/1997 of 18 July 1997 concerning the minimum requirements of safety and health on board fishing vessels. The Committee asks the Government to provide information on the practical application of the Convention, including information on the organization and working of inspection (Part III of the report form).