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

Accommodation of Crews (Fishermen) Convention, 1966 (No. 126) - Ukraine (Ratification: 1970)

Article 3(2)(e) of the Convention. Periodic consultations with fishing vessel owners’ and fishers’ organizations. The Committee had requested the Government to provide information on the activities of the newly constituted State Fisheries Agency and of its advisory body, especially in regard to the framing of new regulations or the application of existing ones on crew accommodation of fishing vessels. The Committee notes the Government’s indication in its report that the State Fisheries Agency carries out public consultations on the development and implementation of state policy, and in particular it conducts periodic consultations with organizations of fishing-boat owners and fishers’ organizations.

Article 5(1)(c). Complaint-based inspection. The Committee had previously noted that there was no legislative or administrative text laying down a procedure for handling complaints concerning the crew accommodation on fishing vessels. The Committee notes that the Government refers once again to Act No. 393/1996 on the appeals of citizens which, as it has indicated in the past, does not prescribe the conditions under which a recognized fishers’ organization can file a complaint that could trigger a detailed inspection of the crew accommodation of the fishing vessel concerned. The Government further informs that the State Fisheries Agency has not received any complaint since 2013. Noting once again the absence of national provisions implementing Article 5(1)(c) in relation to the procedure to handle complaints concerning the crew accommodation on fishing vessel, the Committee requests the Government to adopt without delay the necessary measures to ensure full compliance with this requirement of the Convention.

Articles 6(9), 10(1) and (22), 12(8)(b) and 16(6). Crew accommodation requirements. The Committee had requested the Government to specify the legal or administrative provisions implementing certain requirements of the Convention. The Committee notes the Government’s indication, with respect to Article 6(9) on fire prevention or fire-retarding measures, that the provisions regulating fire safety were repealed in 2013 as they were outdated and failed to address the relevant issues adequately. The Government further indicates that new fire safety standards and rules have not yet been adopted. Moreover, the Committee notes that the Government has not replied to the requests related to Articles 10(1) and (22), 12(8)(b) and 16(6). In light of the above, the Committee requests the Government to take the necessary measures, without delay, to ensure that the following provisions of the Convention, that is: Article 6(9) (fire prevention or fire-retarding measures); Article 10(1) (sleeping rooms in no case forward of the collision bulkhead); Article 10(22) (furniture materials used in sleeping rooms); Article 12(8)(b) (bulkheads of sanitary accommodation to be of approved material and watertight); and Article 16(6) (gas containers to be kept on the open deck), are fully implemented.