II SÉRIE-A — NÚMERO 101

22

justified reasons by the fisher or by the fishing vessel owner, or the fisher is no longer able to carry out the

duties required under the work agreement or cannot be expected to carry them out in the specific

circumstances. This also applies to fishers from that vessel who are transferred for the same reasons from the

vessel to the foreign port.

2. The cost of the repatriation referred to in paragraph 1 of this Article shall be borne by the fishing vessel

owner, except where the fisher has been found, in accordance with national laws, regulations or other

measures, to be in serious default of his or her work agreement obligations.

3. Members shall prescribe, by means of laws, regulations or other measures, the precise circumstances

entitling a fisher covered by paragraph 1 of this Article to repatriation, the maximum duration of service periods

on board following which a fisher is entitled to repatriation, and the destinations to which fishers may be

repatriated.

4. If a fishing vessel owner fails to provide for the repatriation referred to in this Article, the Member whose

flag the vessel flies shall arrange for the repatriation of the fisher concerned and shall be entitled to recover the

cost from the fishing vessel owner.

5. National laws and regulations shall not prejudice any right of the fishing vessel owner to recover the cost

of repatriation under third party contractual agreements.

RECRUITMENT AND PLACEMENT

Article 22

Recruitment and placement of fishers

1. Each Member that operates a public service providing recruitment and placement for fishers shall ensure

that the service forms part of, or is coordinated with, a public employment service for all workers and

employers.

2. Any private service providing recruitment and placement for fishers which operates in the territory of a

Member shall do so in conformity with a standardized system of licensing or certification or other form of

regulation, which shall be established, maintained or modified only after consultation.

3. Each Member shall, by means of laws, regulations or other measures:

(a) prohibit recruitment and placement services from using means, mechanisms or lists intended to prevent

or deter fishers from engaging for work;

(b) require that no fees or other charges for recruitment or placement of fishers be borne directly or

indirectly, in whole or in part. by the fisher; and

(c) determine the conditions under which any licence, certificate or similar authorization of a private

recruitment or placement service may be suspended or withdrawn in case of violation of relevant laws or

regulations; and specify the conditions under which private recruitment and placement services can operate.

Private employment agencies

4. A Member which has ratified the Private Employment Agencies Convention, 1997 (No. 181), may allocate

certain responsibilities under this Convention to private employment agencies that provide the services referred

to in paragraph 1(b) of Article 1 of that Convention. The respective responsibilities of any such private

employment agencies and of the fishing vessel owners, who shall be the “user enterprise” for the purpose of

that Convention, shall be determined and allocated, as provided for in Article 12 of that Convention. Such a

Member shall adopt laws, regulations or other measures to ensure that no allocation of the respective

responsibilities or obligations to the private employment agencies providing the service and to the “user

enterprise” pursuant to this Convention shall preclude the fisher from asserting a right to a lien arising against

the fishing vessel.