Solicitud directa (CEACR) - Adopción: 2022, Publicación: 111ª reunión CIT (2023)

Convenio sobre el trabajo marítimo, 2006 (MLC, 2006) - Islandia (Ratificación : 2019)

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The Committee notes the Government’s first report on the application of the Maritime Labour Convention, 2006, as amended (MLC, 2006). The Committee notes that the amendments to the Code approved by the International Labour Conference in 2014 and 2016 entered into force for Iceland at the same time as the Convention. It also notes that a declaration of acceptance of the 2018 amendments to the Code has not been received and therefore Iceland is not bound by these amendments. The Committee notes the efforts undertaken by the Government to implement the Convention. The Committee draws the Government’s attention to the following issues. If considered necessary, the Committee may come back to other matters at a later stage.

Impact of the COVID-19 pandemic. The Committee refers to the observations of the International Transport Workers' Federation (ITF) and the International Chamber of Shipping (ICS), received by the Office on 1 and 26 October 2020 and 4 October 2021, alleging that ratifying states have failed to comply with certain provisions of the Convention during the COVID-19 pandemic. The Committee notes that it did not have the opportunity to examine the application of the MLC, 2006 by Iceland during the peak of the pandemic. Noting with deep concern the impact that the COVID-19 pandemic had on the protection of seafarers’ rights as laid out in the Convention, the Committee refers to its general observation of 2020 and its comments in the general report of 2021 on this issue and requests the Government to ensure that any remaining restrictions are lifted in order to guarantee full compliance with the MLC, 2006.

Article II of the Convention. Definitions and scope of application. The Committee notes that the relevant legislation in Iceland to which the Government refers, including Regulation on the work and rest hours of seafarers on passenger and cargo ships No. 680/2004, drawn up before the adoption of the MLC, 2006, is limited to passenger ships and cargo vessels. It draws the Government’s attention to the fact that the coverage of the national provisions is narrower than the scope of application of the Convention, since it does not cover ships employed for a commercial purpose other than the transport of cargo or passengers. The Committee also observes that Article 1 of the Seamen’s Act No. 35/1985 and Regulation 7 of Regulation No. 676/2015 on Education, Training and Certification of Seafarers provide for the possibility for the Administration to exempt from its scope certain categories of ships as well as seafarers on ships of a certain minimum size. The Committee recalls that the Convention applies to all seafarers and ships as defined in Article II, paragraph 1(f) and (i), other than those excluded under paragraphs 2 and 4.The Committee requests the Government to indicate what provisions have been adopted to ensure that all seafarers and ships ordinarily engaged in commercial activities are covered by the Convention. The Committee also requests the Government to provide information on any determinations made under the Seamen’s Act No. 35/1985 and Regulation No. 676/2015 on Education, Training and Certification of Seafarerswith respect to the application of the Convention to seafarers and shipsand to specify whether they were made after consultation with shipowners’ and seafarers’ organizations.

Regulation 1.1 and Standard A1.1, paragraph 1. Minimum age. The Committee notes that article 4 of Regulation on the work and rest hours of seafarers on passenger and cargo No. 680/2004 provides that no one under the age of 16 shall work on board a vessel. The Committee further observes that Regulation No. 676/2015 on Education, Training and Certification of Seafarers also sets the minimum age to work on board a ship at 16, by providing that candidates for medical certification shall not be less than 16 years of age and stipulating the minimum age requirements for certification of seafarers according to their functions on board which shall not be less than 16. The Committee, however, notes that Regulation 676/2015 refers in annex III to the minimum age established under article 8 of the Seamen’s Act No. 35/1985 according to which a seaman, man or woman, younger than 15 years of age shall not work on board a ship, unless in case of a training ship. The Committee recalls, in this respect, that Regulation 1.1 prohibits the employment, engagement or work of seafarers under the age of 16 years.The Committee draws the attention of the Government to the need to avoid any inconsistencies in the applicable provisions so as to ensure full conformity with the Convention. The Committee requests the Government to harmonize the provisions of the relevant national legislation on minimum age and to confirm that no person under the age of 16, including cadets or apprentices, is allowed to work on board.

Regulation 1.1 and Standard A1.1, paragraph 4. Minimum age. Hazardous work.The Committee notes that national provisions do not seem to expressly prohibit the employment of seafarers under 18 years of age where the work is likely to jeopardize their health or safety. The Committee recalls, in this respect, that Standard A1.1, paragraph 4, prohibits the employment of seafarers under the age of 18 years in hazardous work, without exception, and that the types of work to be considered hazardous shall be determined by national laws or regulations or by the competent authority, after consultation with the shipowners’ and seafarers’ organizations concerned. The Committee requests the Government to indicate the measures taken or envisaged to (i) give effect to the absolute prohibition provided for in the Convention and (ii) adopt the list of such types of work after consultation with shipowners’ and seafarers’ organizations.

Regulation 1.4 and the Code. Recruitment and placement. The Committee notes the Government’s indication that at present there are no public or private recruitment services operating in the country. It also notes the Government’s information that there are around 800 seafarers working on ships flying the Icelandic flag who are resident in its territory or Icelandic nationals. The Committee requests the Government to indicate how seafarers resident in Iceland are generally recruited for working on ships flying the Icelandic flag and on ships flying the flags of other countries.

Regulation 2.1 and the Code. Seafarers’ employment agreements. The Committee notes that the Seamen’s Act No. 35/1985 which establishes the requirements with respect to the conclusion of agreements setting out the terms of engagement does not give effect to the detailed requirements of Regulation 2.1 and Standard A2.1. The Committee notes in particular that according to Article 6 of the Seamen’s Act No. 35/1985, it is the employer’s duty to conclude a written agreement with the members of the crew setting out the terms of engagement. The Committee observes, in this connection, that it is not clear who is the responsible party for seafarers’ living and working conditions. The Committee recalls that, in accordance with Standard A2.1, paragraph 1(a), the seafarers’ employment agreement (SEA) is to be signed by or on behalf of the shipowner who is responsible for ensuring compliance with all the requirements of the Convention relating to the working and living conditions of the seafarers and who, by such signature, becomes legally responsible vis-à-vis the seafarer for compliance with all those requirements, whether or not the shipowner is considered to be the employer of the seafarer. The Committee stresses the importance of the basic legal relationship that the MLC, 2006, establishes between the seafarer and the person defined as ‘shipowner’ under Article II. The Committee requests the Government to clarify who are the parties of the seafarers’ employment agreement and to take the necessary measures to ensure that the shipowner remains legally responsible vis-à-vis the seafarer for all the requirements of the Convention relating to the working and living conditions of the seafarers, as required under Standard A2.1, paragraph 1.The Committee further observes that the nationalprovisions do not cover the requirement that seafarers shall be given an opportunity to examine SEAs and seek advice on them before signing (Standard A2.1, paragraph 1(b)) and that they may easily obtain on board clear information as to the conditions of their employment (Standard A2.1, paragraph 1(d)). The Committee requests the Government to indicate the steps taken to give effect to these requirements of the Convention.

Regulation 2.1 and Standard A2.1, paragraphs 5 and 6. Seafarers’ employment agreement. Minimum notice period for termination. The Committee notes that Article 9 of the Seamen’s Act No. 35/1985 provides that, unless otherwise stipulated or another term of notice has been agreed upon, the minimum notice is one month and for senior positions the minimum notice is three months. The Committee recalls that Standard A2.1, paragraph 5, provides that the duration of the minimum notice periods shall be determined after consultation with the shipowners’ and seafarers’ organizations concerned, but shall not be shorter than seven days. The Committee observes that it is not clear whether such minimum notice period of seven days is still enforced in case that another term of notice has been agreed upon. The Committee also notes that the Government refers to the circumstances provided for under Article 24 of the Seamen’s Act No. 35/1985 justifying the termination of an employment agreement by the shipowner at shorter notice. The Committee notes that the national provisions do not seem to define clearly what are considered compassionate or other urgent reasons justifying the right of the seafarer to terminate the contract on shorter notice or without notice, without penalty, as required by Standard A2.1, paragraph 6. Consequently, the Committee requests the Government to clarify how it gives effect to Standard A2.1, paragraphs 5 and 6.

Regulation 2.1 and Standard A2.1, paragraph 4. Seafarers’ employment agreement. Content. The Committee notes that the provisions of the Seamen’s Act No. 35/1985 regulating the elements to be included in written employment contracts do not include all the matters provided under Standard A2.1, paragraph 4. The Committee recalls that the Convention calls for the adoption of laws and regulations specifying the matters to be included in all SEAs governed by the national law of the Member. The Committee requests the Government to indicate the measures taken or envisaged to give full effect to Standard A2.1, paragraph 4.

Regulation 2.2 and Standard A2.2, paragraphs 3, 4 and 5. Wages. Allotments. The Committee notes that, while Article 30 of the Seamen’s Act No. 35/1985 recognizes seafarers’ rights to allot wages in favour of a specified person, there is no provision ensuring that any charge for the service of allotments shall be reasonable in amount and the rate of currency exchange, unless otherwise provided, shall be, in accordance with national laws or regulations, at the prevailing market rate or the official published rate and not unfavourable to the seafarer (Standard A2.2, paragraph 5). The Committee requests the Government to indicate how effect is given to this requirement of the Convention.

Regulation 2.3 and Standard A2.3, paragraph 2. Hours of work and hours of rest. The Committee notes the Government’s reference to Article 21 of the Act on the crews of ships No. 82/2022 and Article 5 of Regulation No. 680/2004, as amended, pursuant to which seafarers' work shall be subject to, either, the maximum hours of work (14 hours in each 24-hour period and 72 hours in each seven-day period) or the minimum hours of rest (ten hours in each 24-hour period and 77 hours in each seven-day period). The Committee observes that Act No. 76/2001 on crews serving on board Icelandic passenger ships and cargo ships also prescribes the implementation of either one of the two regimes. Recalling that Standard A2.3, paragraph 2 should not be interpreted as to giving shipowners or masters the choice of regimes,the Committee accordingly requests the Government to indicate the measures taken or envisaged to ensure that the maximum hours of work or minimum hours of rest are not subject to selective application by shipowners and masters.

Regulation 2.3 and Standard A2.3, paragraph 13. Hours of work and hours of rest. Exceptions. The Committee notes that Article 21 of Act on the crews of Icelandic ships No. 82/2022 and Article 7A of Act No. 76/2001 on crews serving on board Icelandic passenger ships and cargo ships indicate that exceptions to the limits set may be provided for in regulation or collective agreements. The Committee recalls that the limits on hours of work or rest shall not exceed those established under Standard A2.3, paragraph 5, and that any exceptions to paragraphs 5 and 6 of this Standard which do not fall within those covered by paragraph 14 (immediate safety of the ship, persons on board or cargo, or assistance to other ships or persons in distress at sea), including those provided for in the STCW, as amended, must follow the requirements of Standard A2.3, paragraph 13 and be provided by no other means than collective agreements. The Committee requests the Government to take the necessary measures to ensure that any exceptions to the provisions set out in Standard A2.3, paragraphs 5 and 6 may only be provided through collective agreements.

Regulation 2.5 and Standard A2.5.1, paragraphs 1 and 2(a). Repatriation. Circumstances. The Committee notes that Article 7D of Act No. 76/2001 on crews serving on board Icelandic passenger ships and cargo ships and Article 25 of Act on the crews of Icelandic ships No. 82/2022 provide that a seafarer who has been on the same ship or with the same company for nine consecutive months is entitled to a free return trip, paid for by the company, in the circumstances foreseen under Standard A2.5.1, paragraph 1. The Committee observes that it is not clear whether seafarers employed for periods shorter than nine months are also entitled to repatriation. The Committee requests the Government to indicate how it ensures that all seafarers are entitled to repatriation in the circumstances foreseen in Standard A2.5.1, paragraph 1.

Regulation 2.5 and Standard A2.5.1, paragraph 2(c). Repatriation. Entitlements. The Committee notes the Government’s indication that a regulation ensuring the entitlements to be accorded to seafarers for repatriation has been drafted and will be published. With regard to the place of repatriation, the Committee notes that articles 15, 20, 21 and 25 of the Seamen’s Act No. 35/1985 do not follow the provisions of Guideline B2.5.1, paragraphs 6 and 7. The Committee requests the Government to provide a copy of the regulation once adopted, prescribingthe precise entitlements to be accorded by shipowners for repatriation in accordance with Standard A2.5.1, paragraph 2(c) and giving due consideration to Guideline B2.5.1.

Regulation 2.5 and Standard A2.5.1, paragraph 3. Repatriation. Prohibition of advance payment and to recover costs from seafarers. The Committee notes that Article 7D of Act No. 76/2001 on crews serving on board Icelandic passenger ships and cargo ships and Article 25 of Act on the crews of Icelandic ships No. 82/2022 provide that a seafarer will not be required to pay for the return trip in advance and the return trip costs will not be deducted from wages or other rights except in cases when the crew member has seriously violated his duties at work. The Committee further notes the Government’s indication that further implementing regulations will be enacted with respect to this requirement of the Convention. The Committee however notes that Article 20 of the Seamen’s Act No. 35/1985 provides that if the seaman's agreement is terminated after his engagement, at his demand, due to danger of the ship being seized by belligerents or being exposed to war damage or a similar dangerous situation, or such danger has increased materially or that a malignant epidemic disease is prevailing in a port for which the ship is bound, he/she shall be entitled to half of the passage costs to his domicile by the shipowner or to the place of engagement at the discretion of the shipowner. If the shipowner or the master were aware of the situation referred to in paragraph 1, the shipowner shall pay all the costs of passage incurred by the seaman. The Committee recalls that under Standard A2.5.1, paragraph 3, each Member shall prohibit shipowners from requiring that seafarers make an advance payment towards the cost of repatriation at the beginning of their employment, and also from recovering the cost of repatriation from the seafarer’s wages or other entitlements except where the seafarer has been found, in accordance with national laws or regulations or other measures or applicable collective bargaining agreements, to be in serious default of the seafarer’s employment obligations. The Committee requests the Government to provide information on the manner in which it is ensured that shipowners pay for the repatriation in all cases in which seafarers are entitled to this right in accordance with Standard A2.5.1, paragraph 1, in particular when the seafarers’ employment agreement is terminated by the seafarer for justified reasons. It also requests the Government to provide information on the procedure under which it is determined that the seafarer is guilty of “serious default” of his employment obligations (Standard A2.5.1, paragraph 3).

Regulation 2.5 and Standard A2.5.2. Repatriation. Financial security. The Committee notes that Article 7D of Act No. 76/2001 on crews serving on board Icelandic passenger ships and cargo ships and Article 25 of Act on the crews of Icelandic ships No. 82/2022 require the operator of a ship to provide a guarantee to ensure that the crew members are repatriated. The Committee however notes that these provisions do not cover circumstances under which a seafarer shall be deemed to have been abandoned. In relation to the 2014 amendments to the Code of the Convention, the Committee recalls that, pursuant to Standard A2.5.2, the Government shall ensure the provision of an expeditious and effective financial security system to assist seafarers in case of their abandonment. The Committee requests the Government to indicate the measures adopted to give effect to Standard A2.5.2. The Committee also requests the Government to provide a copy of a model certificate or other documentary evidence of financial security containing the information required in Appendix A2-I of the Convention (Standard A2.5.2, paragraph 7).

Regulation 2.6 and Standard A2.6, paragraph 1. Seafarers’ compensation for the ship’s loss or foundering. The Committee notes that while Article 26 of the Seamen’s Act No. 35/1985 provides for a seafarer to be granted an indemnity in the case of a ship’s loss, the indemnity payable shall be at the same rate as wages but not for more than two months if the seafarer is a deck officer, engineer officer or purser, and limited to one month if the seafarer is employed in another position on a ship. The Committee recalls that, under Regulation 2.6 and Guideline B2.6.1, paragraph 1, the indemnity payable to a seafarer who remains effectively unemployed as a result of a ship’s foundering or loss may not be less than two months’ wages, and that these provisions apply to all seafarers covered by the Convention. The Committee requests the Government to provide information on how it has given due consideration to Guideline B2.6.1, paragraph 1.

Regulation 2.7 and Standard A2.7, paragraph 3. Manning Levels. Food and catering. The Committee notes that Article 19 of Act on the crews of Icelandic ships No. 82/2022 stipulates that a qualified ship’s cook is required for ships operating on voyages of more than 48 hours. The Committee recalls that, in accordance with Standard A3.2, paragraph 5, only ships operating with a prescribed manning of less than ten by virtue of the size of the crew or the trading pattern may not be required by the competent authority to carry a fully qualified cook. The Committee requests the Government to indicate the measures taken or envisaged to ensure that all ships operating with a prescribed manning of more than ten carry a fully qualified cook, as required by the Convention.

Regulation 3.1 and the Code. Accommodation and recreational facilities. The Committee notes the Government’s indication that these provisions of the Convention are applied by virtue of Article 7 of Regulation No. 735/2015 amending Regulation No. 680/2004, on the working and rest time of crew on passenger ships and cargo ships, which transposes into Icelandic Law the provisions of Council Directive 2009/13/EC of 16 February 2009 implementing the Agreement concluded by the European Community Shipowners’ Associations (ECSA) and the European Transport Workers’ Federation (ETF) on the Maritime Labour Convention, 2006. While noting this information, the Committee observes that Directive 2009/13/EC only covers some aspects of Regulation 3.1 and Standard A3.1. The Committee therefore requests the Government to indicate the measures taken to give full effect to the requirements of Regulation 3.1 and the Code and to provide information on any development in this regard. The Committee also notes the Government’s indication that the implementation of the Convention is still ongoing and that it is considered that some provisions are not applicable to vessels below 200 gross tonnage and that exceptions have not been formalized yet. Referring to Standard A3.1, paragraphs 20 and 21, the Committee requests the Government to provide information on the measures taken or envisaged to ensure that any exemptions granted are limited to those permitted in Standard A3.1.

Regulation 3.2 and the Code. Food and catering. The Committee notes that Article 61 of the Seamen’s Act No. 35/1985 and Article 19 of Act on the crews of Icelandic ships No. 82/2002 referred to by the Government contain some provisions regarding the requirements of Regulation 3.2 and Standard A3.2. The Committee notes however that national legislation does not ensure the respect of the following requirements: (i) minimum standards in respect to religious and cultural practices, nutritional value and variety of food (Standard A3.2, paragraph 2 (a)); (ii) measures in place to ensure that the organization and equipment of the catering department are such as to permit the provision to the seafarers of adequate, varied and nutritious meals prepared and served in hygienic conditions (Standard A3.2, paragraph 2(b)); (iii) ships’ cooks are to be trained and qualified (Standard A3.2, paragraphs 3 and 4); (iv) documented inspections are to be carried out in scheduled frequency, in accordance with the ongoing compliance procedure under Title 5 (Standard A3.2, paragraph 7); and (v) ships’ cooks to be aged at least 18 (Standard A3.2, paragraph 8).The Committee requests the Government to indicate the measures taken to ensure the conformity of its legislation with these provisions of the Convention.

Regulation 3.2 and Standard A3.2, paragraphs 5 and 6. Food and catering. Dispensation of a fully qualified cook. The Committee notes that Article 19 of Act on the crews of Icelandic ships No. 82/2002 allows for dispensations permitting a non-fully qualified cook to serve on board, without however specifying the circumstances under which these dispensations are permitted.The Committee recalls that pursuant to Standard A3.2, paragraph 5, an exemption to the requirement of the dispensation of a fully qualified cook is justified only in case of ships with a prescribed manning of less than ten or in circumstances of exceptional necessity for a limited period of time (not exceeding one month), provided that the person to whom the dispensation is issued is trained or instructed in areas including food and personal hygiene as well as handling storage of food on board ship, as required under Standard A3.2, paragraph 6. Referring to its comments under Regulation 2.7, the Committee requests the Government to indicate the measures taken to ensure that dispensations permitting a non-fully qualified cook to serve as a ship’s cook are limited to these cases.

Regulation 4.1 and the Code. Medical care on board and ashore. The Committee notes that Article 34 of the Seamen’s Act No. 35/1985 provides that, if a seaman suffers from an illness or has been injured, the master shall see to it that he receives proper care and attendance on board or ashore, including medical care, medical assistance, medicine and maintenance. The Committee further notes that, while Regulation No 365/1998 on health services, medicines and medical equipment on board Icelandic ships contains some provisions regarding the requirements of on-board hospital, the medical chest, medical equipment and medical guide, the obligation to carry a medical doctor, and free medical advice to seafarers with the help of electronic communications, the Government indicates that this regulation has not been fully implemented due to Iceland not having an international merchant fleet and that only occasionally vessels under the scope of the MLC, 2006 sail more than daily voyages. The Committee also notes that the Government indicates that the provisions of on medical care are given effect by Council Directive 2009/13/EC, which has been incorporated into Icelandic law as annex III to Regulation No. 680/2004. However, no information is provided by the Government as to the measures in place to ensure: (i) the application to seafarers on ships flying Iceland’s flag of any general provisions on occupational health protection and medical care relevant to their duties, as well as of special provisions specific to work on board ships (Standard A4.1, paragraph 1(a)); (ii) that seafarers are given health protection and medical care as comparable as possible to that which is generally available to workers ashore, including prompt access to the necessary medicines, medical equipment and facilities for diagnosis and treatment and to medical information and expertise (Standard A4.1, paragraph 1(b)); (iii) that seafarers working on board a ship flying Iceland’s flag are given the right to visit a qualified medical doctor or dentist without delay in ports of call, where practicable (Standard A4.1, paragraph 1(c)); and (iv) that medical care includes measures of a preventive character, such as health promotion and health education programmes (Standard A4.1, paragraph 1(e)). Recalling that Standard A4.1, paragraphs 1(a) to (e) of the Convention are not self-executing as these provisions require the adoption of measures to ensure that seafarers are given health protection and medical care, the Committee requests the Government to adopt the necessary measures to give effect to these requirements of the Convention and to provide information on any development in this regard.

Regulation 4.1, paragraph 3. Medical care on board and ashore. Access to on shore medical facilities for seafarers on board foreigner ships.The Committee notes that the Government has not provided information on the measures adopted to give effect to Regulation 4.1, paragraph 3 regarding the obligation to ensure that seafarers on board ships in Icelandic territory who are in need of immediate medical care are given access to the Member’s medical facilities on shore. The Committee requests the Government to provide information in this regard.

Regulation 4.1 and Standard A4.1, paragraph 4(b). Medical care on board and ashore. Minimum Requirements. Medical doctor on board.The Committee notes that, under Article 4 of Regulation No. 365/1998 on health services, medicines and medical equipment on board Icelandic ships, ships that have 100 crew members or more on board and are on international voyages lasting longer than three days shall have a doctor on board who is responsible for the medical care that the crew members need. The Committee recalls that Standard A4.1, paragraph 4(b), provides for the obligation of having a qualified medical doctor for “ships carrying 100 or more persons …”. The general expression “persons” does not only include seafarers but may include other persons on board not in the quality of seafarers, such as passengers. The Committee requests the Government to indicate the measures envisaged or taken to bring its legislation into conformity with the provisions of the Convention.

Regulation 4.2 and the Code. Shipowners’ Liability.The Committee notes that Articles 36, 37 and 39 of the Seamen’s Act No. 35/1985 provide the right to medical care and attendance, as well as the right to full payment of wages in case of illness or injury at the time of termination of the employment as long as the seafarer is incapacitated, provided that the period does not run for more than two months. The Committee further notes that the periods of liability with respect to the payment of wages varies depending on the years of continuous service served or due to incapacity to perform work due to injury at work. The Committee recalls that Standard A4.2.1, paragraphs 2 and 4, provide that national laws or regulations may limit the liability of the shipowner to defray the expense of medical care and board and lodging and to pay wages in whole or in part in respect of a seafarer no longer on board “to a period which shall not be less than 16 weeks from the day of the injury or the commencement of the sickness”. The Committee requests the Government to indicate how it ensures that the period of shipowners’ liability, in respect of a seafarer no longer on board, is not less than 16 weeks from the day of the injury or the commencement of the sickness.

Regulation 4.2, Standard A4.2.1, paragraphs 8 to 14, and Standard A4.2.2. Shipowners’ liability. Financial security. The Committee notes that Article 5 of the Act on registration of seafarer No. 35/2010 and Article 172 of the Shipping Act No. 34/1985 to which the Government refers do not give effect to the requirements of the 2014 amendments to the Code of the Convention and seem to only cover injury as a result of accidents. Recalling that such provisions require the adoption of laws and regulations, the Committee requests the Government to indicate the measures adopted to give effect to Standard A4.2.1, paragraphs 8 to 14, and Standard A4.2.2.

Regulation 4.3 and Standard A4.3, paragraph 2(b). Health and safety protection and accident prevention. Seafarers under the age of 18. The Committee notes that while Regulation No. 200/2007 on measures contributing to the improvement of the safety and health of workers on board ships, sets standards for occupational safety and health protection and accident prevention on ships that fly Iceland’s flag, they do not specifically refer to seafarers under the age of 18. The Committee recalls that, according to Standard A4.3, paragraph 2(b), laws and regulations and other measures to be adopted by each Member, shall clearly specify the obligation of shipowners, seafarers and others concerned to comply with the applicable standards and with the ship’s occupational safety and health policy and programme with special attention being paid to the safety and health of seafarers under the age of 18. The Committee requests the Government to provide information on measures envisaged to give due consideration to Guideline B4.3.10 regarding safety and health education of young seafarers in implementing its responsibilities under Standard A4.3.

Regulation 4.3 and Standard A4.3, paragraph 2(d). Health and safety protection and accident prevention. Ship’s safety committee. The Committee notes that Article 6 of Regulation No. 200/2007 on measures contributing to the improvement of the safety and health of workers on board ships establishes the requirement that one or more seafarers be designated as safety representatives. However, there does not seem to be a requirement for a safety committee to be established on board a ship on which there are five or more seafarers. The Committee recalls that Standard A4.3, paragraph 2(d), provides that a ship’s safety committee shall be established on board a ship on which there are five or more seafarers. The Committee requests the Government to provide information on the measures envisaged to give full application to this provision of the Convention.

Regulation 4.4 and the Code. Access to shore-based welfare facilities. The Committee notes the Government’s indication that there are no shore-based welfare facilities for seafarers in the country and no plan for the development of such facilities in Iceland. Recalling the significance of access to shore-based welfare facilities for seafarers’ well-being, the Committee requests the Government to provide information on any measures taken to promote the development of shore-based welfare facilities in appropriate ports in Iceland.

Regulation 4.5 and the Code. Social security. The Committee notes that, upon ratification of the Convention, Iceland declared that the branches for which it provides protection in accordance with Standard A4.5, paragraphs 2 and 10, are medical care, sickness benefit, unemployment benefit, old-age benefit, employment injury benefit, family benefit, maternity benefit, invalidity benefit and survivors’ benefit. The Committee notes that the Government has not submitted information on the social security scheme applicable to seafarers ordinarily resident in the country nor on the relevant laws, conditions and benefits. The Committee however notes that the provisions of the Social Security Act No. 100/2007, the Health Insurance Act No. 112/2008, and their amendments, and Act No. 54/2006 on unemployment benefits cover seafarers ordinarily resident in Iceland. Recalling Standard A4.5, paragraph 3, the Committee requests the Government to provide information on whether seafarers ordinarily resident in Iceland working on ships operating under the flag of another country are provided with social security protection as required under Regulation 4.5 and the Code. It also requests the Government to indicate if consideration has been given to ways to provide comparable benefits to non-resident seafarers working on ships flying its flag who do not have adequate social security coverage (Standard A4.5, paragraphs 5 and 6).

Regulation 5.1 and the Code. Flag State responsibilities. The Committee notes that Iceland has a ship inspection and certification system in place which is operating on the basis of Regulation No. 1017/2003 on the inspections of ships and their equipment and the Ships Act No. 66 of 11 June 2021. The working and living conditions prescribed by the MLC, 2006 are however not being inspected yet and certified as the relevant requirements are yet to be integrated in the national legislation. The Committee therefore requests the Government to indicate the measures envisaged or taken to give full effect to the requirements of Title 5 of the Convention. The Committee notes the Government’s indication that it has prepared a regulation implementing the requirements of Regulation 5.1.3 and the Code that is to be published. The Committee also notes the Government’s indication that there are no applicable ships operating under the Icelandic flag that require the issuing of a maritime labour certificate and a DMLC. The Committee requests the Government to indicate the precise number of vessels registered in Iceland that are 500 gross tonnage or over, engaged in international voyages, as well as ships of 500 GT or more flying the flag of Iceland and operating from a port, or between ports, in another country.It also requests the Government to provide a copy of the regulation implementing the requirements of Regulation 5.1.3 and the Code once adopted.

Regulation 5.2.1. Port State responsibilities. The Committee notes that Iceland is a party to the Paris Memorandum of Understanding on Port State Control (Paris MoU). Noting that regulation No. 816/2011 on Port State control refers to the Merchant Shipping (Minimum Standards) Convention, 1976 (No. 147) and not to the MLC, 2006, the Committee requests the Government to indicate the measures envisaged or taken to establish an effective port State control inspection and monitoring system to verify conformity with the requirements of the MLC, 2006.

Additional documentation requested. The Committee notes that the Government has omitted to provide some of the documents requested in the report form. The Committee requests the Government to provide the following documents and information: an example of the approved document for seafarers’ record of employment (Standard A2.1, paragraphs 1 and 3); the standard form or an example of a SEA (Standard A2.1, paragraph 2(a)); the relevant portion of any applicable collective bargaining agreement (Standard A2.1, paragraph 2(b)); a copy of the approved standardized table for shipboard working arrangements (Standard A2.3, paragraphs 10 and 11); a copy of the standard form established by the competent authority for the recording of seafarers’ daily hours of work or their daily hours of rest (Standard A2.3, paragraph 12).