Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Accommodation of Crews Convention (Revised), 1949 (No. 92) - Ukraine (Ratification: 1970)

Article 5 of the Convention. Ship inspection. Further to its previous comment, the Committee requests the Government to indicate the specific provisions of the Regulations on the Main State Inspection of Ukraine on Safety Navigation (Decree of the Cabinet of Ministers No. 2098 of 30 December 1998) that require an inspection of the crew accommodation on every occasion when a ship is registered or re-registered or a complaint is received from a recognized organization of seafarers. The Committee recalls, in this respect, that the same requirements have been incorporated in Standard A3.1(3) and Standard A5.1.4(5) of the Maritime Labour Convention, 2006 (MLC, 2006).

Articles 6(2), (11) and (12). Design and construction. The Committee requests the Government to specify the legal provisions giving effect to the prohibition of direct openings into sleeping rooms from certain spaces and prescribing the materials to be used for the construction of floors and joinings. The Committee recalls, in this respect, that the same requirements have been incorporated in Standard A3.1(6)(e) and (f) of the MLC, 2006.

Article 10(1). Sleeping rooms. The Committee requests the Government to indicate and transmit a copy of the legal text in which it is specifically provided that sleeping rooms must be situated above the load line amidships or aft. The Committee recalls, in this respect, that the same requirement has been incorporated in Standard A3.1(6)(c) of the MLC, 2006.

Article 11(3). Mess rooms. The Committee notes that whereas section 2.4.7.3 of the Sanitary Rules provides for separate mess accommodation in ships with a crew of more than 25 persons, no provision is made for three separate mess rooms in ships of 1,000 tons and over, as required under this Article of the Convention. The Committee requests the Government to provide additional explanations on this point.

Article 17(2). Regular inspections by the master. The Committee requests the Government to explain how it is ensured in law and practice that the master, or master’s representative, inspects all crew accommodation at intervals of not more than one week, as required under this Article of the Convention. The Committee recalls, in this respect, that the same requirement has been incorporated in Standard A3.1(18) of the MLC, 2006.

Part V of the report form. Application in practice. The Committee would be grateful if the Government would supply up-to-date information on the practical application of the Convention, including for instance, information on the number of seafarers and ships covered by the measures giving effect to the Convention, inspection results showing the number and nature of deficiencies observed in the field of crew accommodation, as well as copies of inspection forms and check lists currently in use.

Finally, the Committee recalls that the MLC, 2006, which revises Convention No. 92 as well as 36 other international maritime labour Conventions, contains, in Regulation 3.1, Standard A3.1 and Guideline B3.1 the most up-to-date requirements on crew accommodation together with a very detailed inspection regime for monitoring compliance with those requirements. Noting the Government’s announced intention to ratify the MLC, 2006 shortly, the Committee requests the Government to keep the Office informed of any progress made in this respect.