Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

Fishermen's Competency Certificates Convention, 1966 (No. 125) - Germany (Ratification: 1988)

The Committee notes the observations provided by the German Confederation of Trade Unions (DGB) and invites the Government to provide any comment it may consider necessary.

Article 5(2) of the Convention. Certificated mate for all fishing vessels over 100 gross tons. The Committee had requested the Government to consider all appropriate action in view of the fact that the national legislation was not fully compliant with the requirement of Article 5(2) that all fishing vessels over 100 gross tons should carry a certificated mate. The Committee notes that the Government refers, in its report, to the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978 (STCW), more specifically Regulation VIII/2 (Watchkeeping arrangements and principles to be observed), indicating that, pursuant to the German Ship Safety Act, Chapter VIII of the STCW Convention applies to fishing vessels in Germany. The Government concludes that this ensures that qualified ship officers are present on board every merchant vessel flying the German flag, including fishing vessels of 100 or more gross tons. The Committee takes note of this information.

Furthermore, the Committee notes 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). According to its Article 4(1), Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 15 November 2019. The Committee requests the Government to provide information on any new laws or regulations related to the Convention adopted in the context of the implementation of the abovementioned Directive.