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15 DE MAIO DE 2019

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(a) the effective training of the fishers concerned, in accordance with established programmes and

schedules, would be impaired; or

(b) the specific nature of the duty or a recognized training programme requires that fishers covered by the

exception perform duties at night and the authority determines, after consultation, that the work will not have a

detrimental impact on their health or well-being.

7. Nothing in this Article shall affect any obligations assumed by the Member arising from the ratification of

any other international labour Convention.

MEDICAL EXAMINATION

Article 10

1. No fishers shall work on board a fishing vessel without a valid medical certificate attesting to fitness to

perform their duties.

2. The competent authority, after consultation, may grant exemptions from the application of paragraph 1 of

this Article, taking into account the safety and health of fishers, size of the vessel, availability of medical

assistance and evacuation, duration of the voyage, area of operation, and type of fishing operation.

3. The exemptions in paragraph 2 of this Article shall not apply to a fisher working on a fishing vessel of 24

metres in length and over or which normally remains at sea for more than three days. In urgent cases, the

competent authority may permit a fisher to work on such a vessel for a period of a limited and specified duration

until à medical certificate can be obtained, provided that the fisher is in possession of an expired medical

certificate of a recent date.

Article 11

Each Member shall adopt laws, regulations or other measures providing for:

(a) the nature of medical examinations;

(b) the form and content of medical certificates;

(c) the issue of a medical certificate by a duly qualified medical practitioner or, in the case of a certificate

solely concerning eyesight, by a person recognized by the competent authority as qualified to issue such a

certificate; these persons shall enjoy full independence in exercising their professional judgement;

(d) the frequency of medical examinations and the period of validity of medical certificates;

(e) the right to a further examination by a second independent medical practitioner in the event that a

person has been refused a certificate or has had limitations imposed on the work he or she may perform; and

(f) other relevant requirements.

Article 12

In addition to the requirements set out in Article 10 and Article 11, on a fishing vessel of 24 metres in length

and over, or on a vessel which normally remains at sea for more than three days:

1. The medical certificate of a fisher shall state, at a minimum, that:

(a) the hearing and sight of the fisher concerned are satisfactory for the fisher's duties on the vessel; and

(b) the fisher is not suffering from any medical condition likely to be aggravated by service at sea or to

render the fisher unfit for such service or to endanger the safety or health of other persons on board.

2. The medical certificate shall be valid for a maximum period of two years unless the fisher is under the