Closed consultation

Implementation of the ILO Work in Fishing Convention 2007 (ILO 188) into UK Law

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Summary

ILO 188 introduces international minimum standards of living and working conditions for all commercial fishermen.

This consultation ran from
to

Consultation description

ILO 188 entitles all fishermen to written terms and conditions of employment (a fisherman’s work agreement) decent accommodation and food, medical care, regulated working time, repatriation, social protection and health and safety on board. It also provides minimum standards relating to medical fitness.

ILO 188 standards will apply to all fishermen working on commercial fishing vessels of any size. They apply equally to employed fishermen and non-employed (share) fishermen.

The documents attached set out our proposal for legislation to implement ILO 188 into UK Law. We welcome comments on all aspects of the consultation package.

Consultation Document

Please read this first. It explains the background to ILO 188 and how we developed our proposal for implementation. It contains a list of the documents included in the consultation package

1.Explanatory Table

The explanatory table is a guide document to show you the main ILO 188 requirements, how ILO 188 might affect you and what you need to know to comply with the regulations. We have also included some consultation questions here. Please read the explanatory table first.

2.Transposition Table

This shows where the articles of ILO 188 are transposed by the proposed statutory instruments

Draft Statutory instruments

Our package contains four proposed statutory instruments (SI) which contain legislative changes necessary to implement the ILO 188 Convention into UK Law. You may find it helpful to look at these in conjunction with the explanatory table.

3.The Merchant Shipping (Work in Fishing Convention) Regulations 2017

4.The Merchant Shipping (Work in Fishing Convention) (Medical Certification) Regulations 2017

(This SI should be read in conjunction with proposed Merchant Shipping Notices (MSNs); 8.Medical Examination and certification for fishermen: Application of the Merchant Shipping (Work in Fishing) (Medical Certification) Regulation 20yy; and 9.a.Medical Examination System: Appointment of approved Doctors and Medical and Eyesight standards and 9.b. ANNEX A Medical and Eyesight Standards for Seafarers).

5.The Merchant Shipping (Work in Fishing Convention) (Consequential Provisions) Regulations 2017 (This SI should be read in conjunction with 10.MSN XX Application of the Fishing Vessels (Working Time: Sea fishermen) Regulations 2004 as amended and 11.Marine Guidance notice (MGN) Health and safety: responsibilities of fishing vessel owners, managers, skippers and fishermen).

6.The Merchant Shipping (Work in Fishing Convention) (Survey and Certification) Regulations 2017

7.a. Impact Assessment (IA)

This document is an analysis of the known costs and benefits of implementing ILO 188. We welcome your views on this and evidence for any differing or additional costs.

We have included questions in the IA about the particular areas where we would like to have more evidence. We have also provided a separate summary sheet (7.b.) of the questions.

Other Guidance notices

Draft Marine Guidance Notices (MGN)

12.Health and safety: Compulsory provision and wearing of personal flotation devices on fishing vessels

Proposed Revisions to the Fishing Vessel Codes.

13.Proposed changes to small fishing vessel code resulting from ILO 188

14.a Proposed Revision to chapter 6 of the 15-24m Code, implementing ILO 188 ( Health and Safety)

14.b. Proposed revision of chapter 10 of the 15-24m Code implementing ILO 188 Chapter 10 (Crew Accommodation)

15.a. Proposed revision to chapter 6 of 24m and over code implementing ILO 188 Chapter 6 protection of the crew.

15.b. Proposed revision to Chapter 10 of 24m and over code implementing ILO 188 Chapter 10 (Crew Accommodation)

Fisherman’s Work Agreement.

(see The Merchant Shipping (Work in Fishing Convention) Regulations 2017, Part 3 regs 8-13 and schedule 1)

These are proposed model formats ILO 188 compliant fishermen’s work agreement for both employed and non- employed (share) fishermen.

16.a. Model Format for a Fisherman’s Work Agreement- Employed Fishermen

16.b. Model Format for a Fisherman’s Work Agreement – non-employed fishermen, e.g. share fishermen.

Supporting Documents

In addition to the consultation package we have attached five unofficial consolidated versions of existing Statutory instruments, to enable you to see proposed amendments to existing regulations in context. Please note that these texts are for guidance only and are not part of the consultation package. You should not comment on these texts or treat them as official documents.

Documents

Consultation document

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1. Explanatory Table

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2. Transposition Table

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3. Draft SI The Merchant Shipping (Working in Fishing Convention) Regulations 2017

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4. Draft SI The Merchant Shipping (Work in Fishing Convention) (Medical Certification) Regulations 2017

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5. Draft SI The Merchant Shipping (Work in Fishing Convention) Consequential Provisions Regulations 201X

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6. Draft SI The Merchant Shipping (Work in Fishing Convention) (Survey and Certification) Regulations 2017

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7.a. Impact Assessment Post

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7.b. Summary of Impact Assessment Questions

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8. MSN Application of the Merchant Shipping (Work in Fishing) (Medical Certification) Regulations 20yy

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9.a. MSN Medical Examination System Appointment of Approved Doctors and Medical Eyesight Standards

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9.b. Revision of Annex A Medical and Eyesight Standards (From MSN 1839)

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10. MSN Application of the Fishing Vessels (Working Time Seafishermen) Regulations 2014 as amended

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11. MGN Health and safety responsibilities of fishing vessel owners, managers, skippers and fishermen

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12. MGN Compulsory provision and wearing of personal floatation devices on fishing vessels

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13. Proposed changes to Small FV Code resulting from ILO 188 (PFDs)

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14.a. Proposed Revision to Chapter 6 15-24m Code (Protection of the Crew)

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14.b. Proposed Revision Chapter 10 15-24m Code (Crew Accommodation)

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15.a. Proposed Revision of Chapter 6 24m and over Code (Protection of Crew)

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15.b. Propsed Revision Chapter 10 24m and Over Code (Crew Accommodation)

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16.a. Model Format for and FWA (Employed Fishermen)

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16.b. Model Format for a FWA Self-Employed (Share) Fisherman

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Published 13 November 2017