Demande directe (CEACR) - adoptée 1991, publiée 78ème session CIT (1991)

The Committee has noted the Government's first report. It would appreciate additional information on the following points:

Article 5(1) of the Convention. The Government states that all German sea-going vessels must have a certificated skipper on board in conformity with the provisions of section 10 and Annex 1, section B, subsection I, of the Ship's Company Ordinance and sections 4 and 5 of the Ship's Officers' Training Ordinance. Please indicate whether the application of section 10 and Annex 1, section B, subsection I of the Ship's Company Ordinance is limited to fishing vessels of 250 gross registered tons and above, or whether it includes vessels of not less than 25 gross registered tons as required by the Convention.

Article 5(2) of the Convention. The Committee notes the Government's statement that regulations made by the Maritime Trade Association under section 10, paragraph 1 of the Ship's Company Ordinance permit the dispensation of fishing vessels under 125 gross registered tons from carrying a navigating officer or mate when operating within restricted areas of operation. The Committee hopes that these regulations and the practice will be made to conform with the requirements of the Convention which permits such dispensations only for fishing vessels of under 100 gross registered tons. Please provide available information in this respect.

Article 5(3) of the Convention. The Committee notes the Government's indication that under section 10, paragraph 2, of the Ship's Company Ordinance the basis for requiring the presence of a ship's engineer on board a fishing vessel is gross registered tonnage rather than engine power. Please indicate any determination in respect of engine power made in conformity with this provision of the Convention.

Articles 5(3), 6(2), 8(2) and 9(3) of the Convention. The Committee would appreciate if the Government would give indications as to any consultations with the organisations of fishing vessel owners and fishermen taking place in accordance with these provisions of the Convention.