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Appl. 22. MLC Maritime Labour Convention, 2006, as amended INTERNATIONAL LABOUR OFFICE REPORT FORM FOR THE MARITIME LABOUR CONVENTION, 2006 , AS AMENDED (MLC, 2006) The present report form is for the use of countries which have ratified the Convention. It has been approved by the Governing Body of the International Labour Office, in accordance with article 22 of the ILO Constitution, which reads as follows: “Each of the Members agrees to make an annual report to the International Labour Office on the measures which it has taken to give effect to the provisions of Conventions to which it is a party. These reports shall be made in such form and shall contain such particulars as the Governing Body may request.” The matters with which this Convention deals may be beyond the immediate competence of the ministry responsible for labour questions, so that the preparation of a full report on the Convention may necessitate consultation of other interested ministries or government agencies. Article 22 of the Constitution of the ILO Report by the Government of Estonia on the MARITIME LABOUR CONVENTION, 2006, as amended (MLC, 2006) ( ratification registered on 5 th May 2016 ) First report for the period from May 2017 to September 2018 If this is your Government ’ s first report following the entry into force of the Convention in your country, full information should be given on the way in which your country has given effect to its obligations under the Convention, including actions taken on each of the questions set out in this report form. Second report for the period from FORMTEXT to FORMTEXT . In subsequent reports, information need normally be given only on the following points: (a) any new question or request for information included in a revised version of the report form since your Government ’ s last report; (b ) any new legislative or other measures affecting the application of the Convention; (c ) the questions in the report form on the practical application of the Convention (for example, statistics, results of inspections, judicial or administrative decisions) and on the communication of copies of the report to the representative organizations of employers and workers and on any observations received from these organizations; (d ) comments by the supervisory bodies – The report must contain replies to any comments regarding the application of the Convention in your country which have been addressed to your government by the Committee of Experts on the Application of Conventions and Recommendations or by the Conference Committee on the Application of Standards. Third report for the pe riod from FORMTEXT to FORMTEXT See instructions for subsequent reports above, under “ Second report ” . Fourth report for the period from FORMTEXT to FORMTEXT See instructions for subsequent reports above, under “ Second report ” . PRACTICAL GUIDANCE FOR DRAWING UP REPORTS ’ Use of this report form 1 . This report form is divided into two parts. Part I, “ General questions ” , asks for information and supporting materials. Part II, “ Specific information ” , indicates some questions that should be covered in the report. The report form has been designed to facilitate completion from both a physical and a substantive point of view. Members are, in the first place, invited to use the electronic version of the report form and to insert the requested information in the expandable field beside each question. For those national administrations that are not in a position to u se the electronic report form, responses may be provided by referring to the relevant questions. 2 . From a substantive point of view, one of the innovations in the Convention is its emphasis on ensuring that there is not only compliance with its provisions but also documentary evidence of compliance. Consequently, in implementing the Convention, Members will already have produced documents such as the Declaration of Maritime Labour Compliance (DMLC) , required by Regulation 5.1.3 and provided information that is also needed for reporting under article 22 of the Constitution. To take advantage of information already provided, a number of questions in Part II of this form suggest the following statement as a possible answer: “ Adequate information on all matters is to be found in the enclosed DMLC, Part I FORMCHECKBOX / Part II FORMCHECKBOX . 3 . If the information in the DMLC, Part I and/or Part II, covers all the subject of the section concerned and fully complies with the requirements in Standard A5.1.3 paragraph 10(a) and/or (b), with due consideration being given to Guideline B5.1.3, one or both boxes at the end of this statement can be checked (  ), in which case the individual questions in the section concerned need not be answered. However, additional information on how the Regulation concerned is implemented in your country may be provided in a section located underneath the questions concerned. If the information in the DMLC concerning national implementing measures is not also applicable to ships that are not subject to certification (see Regulation 5.1.3, paragraph 1), additional information should be provided concerning the measures applicable to those categories of ships. In addition, some of the Regulations or Standards envisage that the competent authority in each member State produce various kinds of documents related to implementation of obligations (for example, the standard medical report form for use on board ships flying the Member ’ s flag as required by Standard A4.1, paragraph 2, and Guideline B4.1.2). Where relevant, copies of these particular documents are requested under the heading “ Documentation ” . 4 . Furthermore, in order to avoid the need to refer in detail to the content of specific measures, reference can be made in this form to the relevant provisions of the legislation, collective agreement or other document concerned which has been provided to the Office in English, French or Spanish (in connection with Part I, “ General questions ” ). 5 . In the section for “ Additional information ” , e xplanations are required where a national implementing measure differs from the requirements set out in Standards found in Part A of the Code of the MLC , 2006. This would include, for example, cases of substantial equivalence referred to in Article VI, paragraph 3, and of determinations that have been made regarding the application of differing national measures that are provided for on the basis of Article II, paragraph 6. Even though the substantial equivalence may have been referred to in the DMLC, Part I, an explanation should be provided, in particular, as to the ways in which the Member concerned was not in a position to implement the rights and principles concerned in the manner set out in Part A of the Code (Article VI, paragraph 3) and as to how the national measure complies in all material respects with the corresponding Part A requirement. In the case of a determination under Article II, paragraph 6, which is also to be reported to the Director-General of the International Labour Office (Article II, paragraph 7), an explanation should be provided as to the reason for a determination that it would not be reasonable or practicable at the present time to apply certain details of the Code to a ship or particular categories of ships (Article II, paragraph 6). 6. It should be noted that this report form takes account of the Articles and Regulations and the provisions of Part A of the Code of the MLC , 2006, and also refers, where appropriate, to the Guidelines, which comprise Part B of the Code. These Guidelines are not mandatory. Their purpose is to provide guidance as to the way in which Members should implement the (mandatory) provisions in Part A of the Code. In accordance with Article VI, paragraph 2, Members are required to “ give due consideration to implementing their responsibilities in the manner provided for in Part B of the Code ” . The special status of the Guidelines in Part B of the Code is reflected in the example and the explanation set out in paragraphs 9 and 10 of the Explanatory Note to the Regulations and Code. Paragraph 10 states, in its last sentence, “ … by following the guidance provided in Part B, the Member concerned, as well as the ILO bodies responsible for reviewing implementation of international labour Conventions, can be sure without further consideration that the arrangements the Member has provided for are adequate to implement the responsibilities under Part A to which the Guideline relates ” . This statement is based on the 2003 Legal Adviser ’ s opinion on the relationship between Parts A and B of the Code (see appendix to this report form for the full text of this Opinion). Part I . General questions I. Implementing measures Please give a list of the laws and regulations and collective agreements implementing the provisions of the Convention, with particular reference to the seafarers ’ employment and social rights referred to in Article IV. Please provide a copy of those laws or regulations and collective agreements. If any of this material is available from the Internet, the link to the relevant document may be provided instead of the document itself. If, in your country, ratification of the Convention gives the force of national law to its terms, please indicate by virtue of what constitutional provisions the ratification has had this effect. II . Principal documents Please provide, in English, French or Spanish (or the English translation required by Standard A5.1.3, paragraph 12), a copy of the standard Maritime Labour Certificate, including Part I of the Declaration of Maritime Labour Compliance (DMLC) as well as an example or examples of Part II of the DMLC which have been prepared by a shipowner and have been accepted by your country, when certifying a ship or ships. (Specific identifying information regarding the ship or shipowner should be removed from the example or examples.) Additional documentation on other matters will be requested in Part II of this report form. III . Fundamental rights and principles Please indicate how account has been taken, in the context of the Convention, of the following fundamental rights and principles referred to in Article III: (a) unless your country has ratified Conventions Nos 87 and 98: freedom of association and the effective recognition of the right to collective bargaining ; First report : FORMTEXT Second report : FORMTEXT Third report : FORMTEXT Fourth report : FORMTEXT (b) unless your country has ratified Conventions Nos 29 and 105: the elimination of all forms of forced or compulsory labour; First report : FORMTEXT Second report : FORMTEXT Third report : FORMTEXT Fourth report : FORMTEXT (c) unless your country has ratified Conventions Nos 138 and 182: the effective abolition of child labour; First report : FORMTEXT Second report : FORMTEXT Third report : FORMTEXT Fourth report : FORMTEXT ( d ) unless your country has ratified Conventions Nos 100 and 111: the elimination of discrimination in respect of employment and occupation. First report : FORMTEXT Second report : FORMTEXT Third report : FORMTEXT Fourth report : FORMTEXT IV. Competent authority and consultation s Please identify the competent authority or authorities having power to issue and enforce regulations, orders or other instructions in respect of subject m atter covered by the Convention. (Article II, paragraph 1(a)) First report: Ministry of Social Affairs, Ministry of Economic Affairs and Communications Second report: FORMTEXT Third report : FORMTEXT Fourth report: FORMTEXT Please list the shipowners ’ and the seafarers ’ organizations that the competent authority or authorities consult in matters relating to the implementation of the Convention. First report: Estonian Shipowners’ Association and Estonian Seamen’s Independent Union Second report: FORMTEXT Third report : FORMTEXT Fourth report: FORMTEXT Please indicate the representative organizations of employers and workers to which copies of the present report have been communicated in accordance with article 23, paragraph 2, of the Constitution of the Inte rnational Labour Organisation. If copies of the report have not been communicated to representative organizations of employers and/or workers, or if they have been communicated to bodies other than such organizations, please supply information on any particular circumstances existing in your country which explain the procedure followed. First report: Estonian Shipowners’ Association and Estonian Seamen’s Independent Union Second report: FORMTEXT Third report : FORMTEXT Fourth report: FORMTEXT Please indicate whether you have received from the organizations of employers or workers concerned any observa tions, either of a general kind or in connection with the present or the previous report, regarding the practical application of the provisions of the Convention. If so, please communicate a copy of the observations received, together with any comments that you consider useful. First report: FORMTEXT Second report: FORMTEXT Third report : FORMTEXT Fourth report: FORMTEXT V. Scope of application Do the measures implementing the Convention cover, as a seafarer, any person who is employed or engaged or works in any capacity on board a ship to which the Convention applies? ( Article II, paragraphs 1(f) and 2 ) Please indicate the applicable national provisions and , if possible, reproduce the relevant texts . First report: Most of the provisions of the Convention are included in the Seafarers’ Employment Act (SEA). Paragraph 2 of the SEA stipulates that the SEA is applied to employment on ships entered in the ship registry or the register of bare boat chartered ships of Estonia. According to paragraph 4 of the SEA, crew members are natural persons working on board ship, who operate the ship or service passengers in the performance of their duties. Second report: FORMTEXT Third report : FORMTEXT Fourth report: FORMTEXT Have cases of doubt as to whether any categories of persons are to be regarded as seafarers arisen? (Article II, paragraphs 1(f), 2 and 3) If yes, please provide full information on the consultation process and its result: First report: FORMTEXT Second report: FORMTEXT Third report : FORMTEXT Fourth report: FORMTEXT For purposes of the Convention wha t is the definition of a ship under national law? (Article II, paragraphs 1(i) and 4) Please indicate the applicable national provisions and, if possible, reproduce the relevant texts . First report: Paragraph 2 of the Maritime Safety Act (MSA) provides that, for the pruposes of the MSA, “ship” means a water craft used for economic activities, performing state administrative duties or vocational training, except the recreational craft with an overall length of 2.5 to 24 metres . Second report: FORMTEXT Third report : FORMTEXT Fourth report: FORMTEXT Have cases of doubt arisen as to whether a vessel or a particular category of vessels are to be regarded as ships covered by the Convention? (Article II, paragraphs 4 and 5) If yes, please provide full information on the consultation process and its result: First report: FORMTEXT Second report: FORMTEXT Third report : FORMTEXT Fourth report: FORMTEXT In the case of ships under 200 GT which are not engaged in international voyages, have any measures been taken under Article II, paragraph 6, to apply differently certain details of the Code? (Article II, paragraph 6) If yes, please provide full information on the consultation process required by Article II, paragraph 6 and indicate the content of the measures concerned. First report: Most of the provisions in Estonian legislation are applied to all ships. Only fishing vessels under 24 meters of length are excluded from the application of the SEA and some specific provisions do not apply to ships under 200 GT (these provisions are indicated later in the report) . Second report: FORMTEXT Third report : FORMTEXT Fourth report: FORMTEXT VI. Enforcement Please summarize the provisions of laws or regulations or other measures which prohibit violations of the requirements of the Convention and, in accordance with international law, establish sanctions or require the adoption of corrective measures to discourage such violations (Article V, paragraph 6). If possible, provide specific information regarding Title s 1 to 4 of the Convention. First report: Chapter 7 of the SEA provides liability and fines for violation of the conditions set out in the SEA (working conditions of seafarers). Chapter 16 of the MSA provides for liability in case of violations of legislation regulating maritime safet y. Second report: FORMTEXT Third report : FORMTEXT Fourth report: FORMTEXT VI . Statistical information Please either provide the data requested below or refer below to relevant reports submitted to the United Nations Conference on Trade and Development (UNCTAD) (Annual Review of Maritime Transport) , the International Maritime Organization (IMO), the World Health Organization (WHO), etc., and supply a copy of those reports or a reference to a public web site containing this data: Data requested Ships on international voyages or voyages between ports in other countries Ships not on inter national voyages or voyages between ports in other countries The information is only an estimate as data are not formally collected on this matter Number of seafarers working on national flag ships that are covered by the Convention First report: FORMTEXT First report: FORMTEXT First report: FORMTEXT Second report FORMTEXT FORMTEXT FORMTEXT Third report FORMTEXT FORMTEXT FORMTEXT Fourth report FORMTEXT FORMTEXT FORMTEXT Number of seafarers who are nationals or residents or otherwise domiciled in the territory First report: FORMTEXT First report: FORMTEXT First report: FORMTEXT Second report FORMTEXT FORMTEXT FORMTEXT Third report FORMTEXT FORMTEXT FORMTEXT Fourth report FORMTEXT FORMTEXT FORMTEXT Number (if any) of private recruitment and placement services operating in the territory First report: FORMTEXT First report: FORMTEXT First report: FORMTEXT Second report FORMTEXT FORMTEXT FORMTEXT Third report FORMTEXT FORMTEXT FORMTEXT Fourth report FORMTEXT FORMTEXT FORMTEXT Gender distribution among seafarers First report: FORMTEXT First report: FORMTEXT First report: FORMTEXT Second report FORMTEXT FORMTEXT FORMTEXT Third report FORMTEXT FORMTEXT FORMTEXT Fourth report FORMTEXT FORMTEXT FORMTEXT Number of ships flying your flag which are 3,000 GT or over First report: FORMTEXT First report: FORMTEXT First report: FORMTEXT Second report FORMTEXT FORMTEXT FORMTEXT Third report FORMTEXT FORMTEXT FORMTEXT Fourth report FORMTEXT FORMTEXT FORMTEXT N umber of ships < 3,000 GT and ≥ 500 GT First report: FORMTEXT First report: FORMTEXT First report: FORMTEXT Second report FORMTEXT FORMTEXT FORMTEXT Third report FORMTEXT FORMTEXT FORMTEXT Fourth report FORMTEXT FORMTEXT FORMTEXT Number of ships < 500 and ≥200 GT (please indicate if estimated) First report: FORMTEXT First report: FORMTEXT First report: FORMTEXT Second report FORMTEXT FORMTEXT FORMTEXT Third report FORMTEXT FORMTEXT FORMTEXT Fourth report FORMTEXT FORMTEXT FORMTEXT Number of ships < 200 GT (please indicate if estimated) First report: FORMTEXT First report: FORMTEXT First report: FORMTEXT Second report FORMTEXT FORMTEXT FORMTEXT Third report FORMTEXT FORMTEXT FORMTEXT Fourth report FORMTEXT FORMTEXT FORMTEXT Part II. Specific information 1. This section of the report follows the same organization as the MLC, 2006. It is d ivided into five Titles (Titles 1–5). Each Title sets out the related Regulations and Code provisions and asks for specific information on how they have been given effect in your country. For convenience, this form contains a description of the basic requirements in each area. The relevant provisions of the Convention are identified in each question, so that their text can be consulted. 2. It will be noted that the provisions under each Regulation also include a reference to the Guidelines in Part B of the Code to the Convention. As mentioned above at point 6 in the guidance for drawing up reports (see page 4 ) , it is not mandatory for Members to follow the Guidelines when implementing the Regulations and Standards. However, if a Member has chosen to do so, the ILO supervisory bodies would not have to consider further the adequacy or sufficiency of the Member ’ s implementation of the relevant provisions of the Convention. Title 1. Minimum requirements for seafarers to work on a ship Regulation 1.1 – Minimum age Standard A1.1; see also Guideline B1.1  Persons below the age of 16 shall not be employed or engaged or work on a ship.  Seafarers under the age of 18 shall not be employed or engaged or work where the work is likely to jeopardize their health or safety.  Night work for seafarers under the age of 18 is prohibited. ( “ Night ” covers a period of at least nine hours starting no later than midnight and ending no earlier than 5 a.m.)  Special attention should be paid to the needs of seafarers under the age of 18, in accordance with national laws and regulations. Adequate information on all matters is to be found in the enclosed DMLC, Part I FORMCHECKBOX / Part II FORMCHECKBOX Please check one or both boxes or provide the information below. What is the minimum age of seafarers? (Regulation 1.1, paragraph 1; Standard A1.1, paragraph 1) Please indicate the applicable national provisions and, if possible, reproduce the relevant texts . First report: The minimum age for working on board fishing vessel is 16 years. According to paragraph 12 of the SEA, it is prohibited to enter into a seafarer’s employment contract with minors under the age of 16 or permit such minors to work. Second report: FORMTEXT Third report : FORMTEXT Fourth report: FORMTEXT What period is defined as “ night ” ? (Standard A1.1, paragraph 2) Please indicate the applicable national provisions and, if possible, reproduce the relevant texts . According to paragraph 49 of the ECA, employee who is subject to the obligation to attend school is not allowed to work from 20:00 to 6:00. Employee who is 15–17 years of age and not subject to the obligation to attend school is not allowed to work from 22:00 to 6:00. Second report: FORMTEXT Third report : FORMTEXT Fourth report: FORMTEXT Is night work prohibited for seafarers under 18? (Standard A1.1, paragraph 2) Please indicate the applicable national provisions and, if possible, reproduce the relevant texts . According to paragraph 49 of the ECA, employee who is subject to the obligation to attend school is not allowed to work from 20:00 to 6:00. Employee who is 15–17 years of age and not subject to the obligation to attend school is not allowed to work from 22:00 to 6:00. Second report: FORMTEXT Third report : FORMTEXT Fourth report: FORMTEXT Are any exceptions made to the night work prohibition? (Standard A1.1, paragraph 3) If yes, please summarize the exceptions, indicate the applicable national provisions and, if possible, reproduce the relevant texts . Paragraph 45 of the SEA makes an exception to these rules, providing that the restriction provided for in the ECA shall not be applied to requiring a minor crew member to work if the minor works as part of his or her schooling or on-the-job training and working will not harm his or her health or well-being. Second report: FORMTEXT Third report : FORMTEXT Fourth report: FORMTEXT Is employment of seafarers under 18 prohibited where the work is likely to jeopardize their health or safety? (Standard A1.1, paragraph 4) Please indicate applicable national provisions and, if possible, reproduce the relevant texts. An employer shall not enter into an employment contract with a minor or allow a minor to work if the work: is beyond the minor’s physical or psychological capacity; is likely to harm the moral development of the minor; involves risks which the minor cannot recognise or avoid owing to lack of experience or training; is likely to hinder the minor's social development or the acquisition of his or her education; is likely to harm the minor’s health due to the nature of the work or the working environment. Second report: FORMTEXT Third report : FORMTEXT Fourth report: FORMTEXT What types of work have been determined to be likely to jeopardize the health or safety of seafarers under 18? (Standard A1. 1 , paragraph 4) Please indicate the applicable national provisions and, if possible, reproduce the relevant texts . The list of the work and hazards is established by the Government of the Republic by a regulation. Second report: FORMTEXT Third report : FORMTEXT Fourth report: FORMTEXT Additional information concerning implementation of Regulation 1.1 , including cases of substantial equivalence. First report: FORMTEXT Second report: FORMTEXT Third report : FORMTEXT Fourth report: FORMTEXT Regulation 1.2 – Medical certificate Standard A1.2; see also Guideline B1.2  Seafarers are not allowed to work on a ship unless they are certified as medically fit to perform their duties.  A certificate must be in English for seafarers working on ships ordinarily engaged on international voyages.  The medical certificate must have been issued by a duly qualified medical practitioner and must be still valid.  The period of validity for a certificate: – two-year maximum for medical certificates except for seafarers under 18, in which case it is one year; – six- year maximum for a colour vision certificate. NB. Certificates issued in accordance with, or meeting the substance of, the applicable requirements, under the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978 (STCW), as amended, are to be accepted as meeting these requirements. Adequate information on all matters is to be found in the enclosed DMLC, Part I FORMCHECKBOX / Part II FORMCHECKBOX Please check one or both boxes or provide the information below. Are seafarers required to be certified as medically fit to perform their duties? (Regulation 1.2, paragraph 1; Standard A1.2, paragraph 1) Please indicate the applicable national provisions and, if possible, reproduce the relevant texts . According to paragraph 26 of the MSA, persons wishing to enter into a seafarer's contract of employment shall, before entry into the seafarer's contract of employment, undergo a prior medical examination to establish their state of health and suitability for work on board a ship. Second report: FORMTEXT Third report : FORMTEXT Fourth report: FORMTEXT What requirements (or guidance) have been established concerning the nature of the medical examination and the right of appeal? ( Standard A1.2, paragraphs 2 and 5 ) Please indicate the applicable national provisions and, if possible, reproduce the relevant texts . First report: The requirements for the state of health, the procedure for the medical examination and the format of health certificates is established by the Government of the Republic. Government regulation no 51 regarding state of health and medical examination of persons wishing to enter into seafarer's contract of employment, crew members and persons who commence studies or study at maritime educational institutions sets out requirements for medical examinations and health requirements. According to paragraph 1 of the Government regulation no 51, crew member must be physically and mentally capable of performing work and rescue tasks and may not have any health problems or health conditions which may endanger his/her or others’ life and health. The regulation sets out requirements for hearing, eye sight and medical indications. According to paragraph 5 of the regulation, persons wishing to enter into a seafarer's contract of employment shall undergo a medical examination not earlier than three months before entering into seafarer’s contract of employment. Following persons must undergo a regular medical examination: seafarer under 18 years of age once a yea r, exept students at a maritime educational institution, when student does not have seagoing practice; seafarer over 18 years of age every two years; Also, seafarer must undergo regular medical examination in case of presence of a relative contraindication during the medical examination, as decided by the medical examiner, but not less than once a year. In addition to that, seafarer must undergo medical examination when he/she: transfers to another position with more stringent health requirements; has been on the sick leav for 30 days or longer; has been discharged from the ship for health reasons. According to paragraph 10, person conducting medical examination conducts seafarer’s medical examination, performs or arranges the required and where necessary additional health examinations, and consults with other specialised medical professionals if necessary. Person conducting the medical examinations decides, taking into account seafarer’s state of health, whether seafarer is fit to work on a ship or not. Based on seafarer’s state of health, person conducting medical examination could set restrictions on seafarer's profession, post, navigation area or period of validity of the medical certificate. Second report: FORMTEXT Third report : FORMTEXT Fourth report: FORMTEXT What are the requirements concerning persons who can issue medical certificates and any certificate solely concerning eyesight? (Standard A1.2, paragraph 4) Please indicate the applicable national provisions and, if possible, reproduce the relevant texts . First report: The prior medical examination of persons who commence studies at a maritime educational institution in the formal educational system and persons wishing to enter into a seafarer's contract of employment and the regular medical examination of crew members and students at a maritime educational institution in the formal educational system shall be conducted by medical practitioners approved by the Health Board for the conduct of medical examination. Paragraph § 26 1 of the MSA stipulates that the Health Board shall approve the following medical practitioners as persons who conduct medical examination: 1) persons who are registered in the state register of health care professionals of the Health Board as medical practitioners and have acquired the speciality of specialised medical care; 2) persons who have completed a 18-hour or 30-hour training in maritime medicine for persons who conduct medical examination which is organised by the Ministry of Social Affairs or an authority in its area of government or conducted by the University of Tartu, and the 18-hour training grants the medical practitioner the competence to examine the health of crew members of ships engaged in coastal shipping and inland vessels, and the 30-hour training grants the medical practitioner the competence to examine the health of crew members of vessels of all navigation areas and persons who commence studies and students at a maritime educational institution in the formal educational system. Second report: FORMTEXT Third report : FORMTEXT Fourth report: FORMTEXT What are the periods of validity for medical and colour vision certificates? (Standard A1.2, paragraph 7) Please indicate the applicable national provisions and, if possible, reproduce the relevant texts . First report: Person conducting medical examination issues seafarer a medical certificate in accordance with the form in Annex of the regulation with the expiry date of: up to 1 year if relative contraindication is discovered during the medical examination; 1 year to seafarer under 18 years of age; 2 years to seafarer over 18 years of age. Second report: FORMTEXT Third report : FORMTEXT Fourth report: FORMTEXT Additional information concerning implementation of Regulation 1.2 , including any cases of substantial equivalence. First report: FORMTEXT Second report: FORMTEXT Third report : FORMTEXT Fourth report: FORMTEXT Documentation: please provide, in English (see Standard A1.2, paragraph 10 ) an example of the standard wording in medical certificates. First report: Form of the medical sertificate issued is available in Estonian and in English: https://www.riigiteataja.ee/aktilisa/1110/7201/2014/VVm_51_2005_lisa5_uus.pdf# Second report: FORMTEXT Third report : FORMTEXT Fourth report: FORMTEXT Regulation 1.3 – Training and qualifications  Seafarers must be trained or certified as competent or otherwise qualified to perform their duties on board ship.  Seafarers must have successfully completed training for personal safety on board ship. NB. Training and certification in accordance with the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978 (STCW), as amended, is to be accepted as meeting these requirements. Adequate information on all matters is to be found in the enclosed DMLC, Part I FORMCHECKBOX / Part II FORMCHECKBOX Please check one or both boxes or provide the information below. Do all seafarers have to be trained, certified or otherwise qualified for the duties they are to carry out on board ship? ( Regulation 1.3, paragraph 1 ; see also paragraph 4 ) Please indicate the applicable national provisions and, if possible, reproduce the relevant texts . First report: Second report: FORMTEXT Third report : FORMTEXT Fourth report: FORMTEXT Are all seafarers required to successfully complete training for personal safety on board ship ? (Regulation 1.3, paragraph 2) Please indicate the applicable national provisions and, if possible, reproduce the relevant texts . First report: According to paragraph 30 of the SEA, operators shall arrange for the crew members’ occupational health and safety training before they commence work on board ship. Second report: FORMTEXT Third report : FORMTEXT Fourth report: FORMTEXT Is training and certification in accordance with the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978 (STCW), as amended, accepted? (Regulation 1.3, paragraph 3) First report: Yes, according to Regulation No 96 of 20 th June 2013 of the Government of the Republic, avalialble in Estonian: https://www.riigiteataja.ee/akt/130062018003 Second report: FORMTEXT Third report : FORMTEXT Fourth report: FORMTEXT Additional information concerning implementation of Regulation 1.3 , including any cases of substantial equivalence. First report: FORMTEXT Second report: FORMTEXT Third report : FORMTEXT Fourth report: FORMTEXT Regulation 1.4 – Recruitment and placement Standard A1.4; see also Guideline B1.4.1.  Seafarer recruitment and placement services must not charge seafarers for their services.  If private seafarer recruitment and placement services are operating in their territory, Members are responsible for establishing an effective inspection and monitoring system with respect to those services (Regulation 5.3; Standard A5.3, paragraph 1).  If seafarer recruitment and placement services for nationals to work on flag ships are operated by seafarers ’ organizations in the Member ’ s territory, they must be operated in accordance with Standard A1.4 in the Convention.  Any public seafarer or recruitment service in a Member ’ s territory must be operated in an orderly manner that promotes seafarers ’ employment rights under the Convention.  Flag States are responsible for requiring, in cases where shipowners use recruitment and placement services based in States not party to the MLC, 2006, that these shipowners have an appropriate system in place for ensuring, as far as practicable, that these recruitment and placement services meet the requirements under Standard A1.4. Please check the boxes below or provide the information requested. If private seafarer recruitment and placement services, or services operated by seafarers ’ organizations to place seafarers on national flag ships, are operating in your country, please provide information about the standardized system for licensing or certification or other form of regulation ( Regulation 1.4; Standard A1.4, paragraphs 2, 3, 4 and 5 ) and the inspection and monitoring system for those services . (Standard A1.4, paragraph 6) Please indicate the applicable national provisions and, if possible, reproduce the relevant texts . No private services operate in our countr y FORMCHECKBOX First report: According to paragraph 14 of the General Part of the Economic Activities Code Act, in the cases provided by law an undertaking is required to submit a notice to the registrar on commencement of economic activities in a relevant area of activity prior to commencement of economic activities. Paragraph 38 of the Labour Market Services and Benefits Act, an undertaking shall submit a notice of economic activities in order to operate in the following areas of activity: finding work for job-seekers and necessary labour force for employers (job mediation); acting as intermediary of temporary agency work. According to paragraph 71 of the SEA, in order to provide employment placement services for crew members, an employment placement service provider shall submit a notice of economic activities according to the General Part of the Economic Activities Code Act. The notice of economic activities shall include the undertaking’s written confirmation that it will comply with the obligations provided for in the paragraphs 70 (2) (not asking person a fee for employment placement services) and 72 (1) (obligations of employment placement service provider). Employment placement services provider is not able to submit a notice of economic activities unless he or she confirms compliance with named provisions. State supervision over the private seafarer recruitment and placement services is exercised by the Labour Inspectorate. According to paragraph 71 of the SEA, the Labour Inspectorate may prohibit an employment placement service provider from engaging in economic activities due to a fundamental breach of the requirements set for economic activities. A fundamental breach is, above all, asking person looking for employment a fee for the employment placement services and breach of obligations of employment placement service provider set out in the paragraph 72(1) of the SEA. Second report: FORMTEXT Third report : FORMTEXT Fourth report: FORMTEXT If private seafarer recruitment and placement services are operating in your country, please provide information on the system of protection that t hey are required to establish ( by way of insurance or other measures) to compensate seafarers for monetary loss that they may incur as a result of the failure of the recruitment and placement service or the relevant shipowner under the seafarers ’ employment agreement to meet its obligations to them. (Standard A1.4, paragraph 5(c)(vi)) Please indicate the applicable national provisions and, if possible, reproduce the relevant texts . No private services operate in our countr y FORMCHECKBOX First report: According to paragraph 72 of the SEA, a ny proprietary damage suffered by a crew member due to an employment placement service provider’s failure to perform its obligations or improper performance of obligations shall be compensated for by the service provider pursuant to the procedure for c ompensation for damage provided by the Law of Obligations Act . Second report: FORMTEXT Third report : FORMTEXT Fourth report: FORMTEXT If public recruitment and placement services are operating in your country, please state the basic principles ensuring that they are operated in an orderly manner (Standard A1.4, paragraph 1) . See guidance in Guideline B1.4.1, paragraph 1 . Please indicate the applicable national provisions and, if possible, reproduce the relevant texts . No public services operate in our countr y FORMCHECKBOX First report: FORMTEXT Second report: FORMTEXT Third report : FORMTEXT Fourth report: FORMTEXT If public or private recruitment placement services are operating in your country, please outline the machinery and procedures for investigating complaints about their activities . ( Standard A1.4, paragraph 7) Please indicate the applicable national provisions and, if possible, reproduce the relevant texts . No public or private services operate in our countr y FORMCHECKBOX First report: According to paragraph 70 of the SEA, legal persons in private law or sole proprietors providing employment placement services may not charge, directly or indirectly, a person who has contacted them for the purpose of finding employment a fee for the employment placement services. Only operators may be charged a fee for the employment placement services. Paragraph 71 of the SEA prohibits employment placement service providers from preventing, in any manner, crew members from finding employment corresponding to their qualification. Paragraph 72 of the SEA lays out obligations of employment placement service provider. According to this paragraph, an employment placement service provider who mediates a crew member for a ship with a gross tonnage of 200 or more, engaged in international shipping, shall: keep record of crew members employed through an offer made within the employment placement services, whereas such records shall be made available for a supervisory authority for verification; make sure that the crew member is informed of the rights and obligations included in the seafarer’s employment contract to be entered into by ensuring the crew member the possibility to examine the seafarer’s employment contract before and after signing it, as well as the receipt of the seafarer’s employment contract; verify that the crew member has the qualification required and documents necessary for commencement of work; verify that the seafarer’s employment contract is in compliance with valid legislation and a collective agreement if such a collective agreement applies to the crew member; for one year after the entry into a seafarer’s employment contract, preserve the contracts of employment of crew members employed through the employment placement service provider, whereas the seafarers’ contracts of employment shall be made available for a supervisory authority for verification; within reason, engage in monitoring as to whether the operator has means to protect the crew member in the case the crew member is detained in a foreign port; apply measures for settling complaints filed against it, notifying the supervisory authority of every unsettled complaint. Second report: FORMTEXT Third report : FORMTEXT Fourth report: FORMTEXT Where shipowners use recruitment and placement services that operate in countries that have not ratified the Convention, what kind of action is expected of them in order to ensure, as far as practicable, that the services concerned meet the requirements of the Convention? ( Regulation 1.4, paragraph 3; Standard A1.4, paragraphs 9 and 10 ) Adequate information on this matter is to be found in the enclosed DMLC, Part I FORMCHECKBOX / Part II FORMCHECKBOX First report: FORMTEXT Second report: FORMTEXT Third report : FORMTEXT Fourth report: FORMTEXT Additional information concerning implementation of Regulation 1.4 , including any cases of substantial equivalence. First report: FORMTEXT Second report: FORMTEXT Third report : FORMTEXT Fourth report: FORMTEXT Title 2. Conditions of employment Regulation 2.1 – Seafarers ’ employment agreements Standard A2.1; see also Guideline B2.1  All seafarers must have a seafarers ’ employment agreement (SEA) signed by both the seafarer and the shipowner or shipowner ’ s representative (or, where they are not employees, other evidence of contractual or similar arrangements).  A SEA must, at a minimum, contain the matters set out in Standard A2.1, paragraph 4(a)–(j) and, as applicable, (k), of the MLC, 2006 (Standard A2.1, paragraph 4) .  Where a collective bargaining agreement forms all or part of the SEA, the agreement must be on board the ship with relevant provisions in English (except for ships engaged only in domestic voyages) (Standard A2.1, paragraph 2).  Seafarers are to be given an opportunity to examine and seek advice on a SEA before signing (Standard A2.1, paragraph 1(b)) .  Seafarers must be given a document containing a record of their employment (that does not contain any statement as to the quality of their work or wages) on the ship ( Standard A2.1, paragraphs 1(e) and 3; Guideline B2.1.1, paragraph 1 ) .  Information about the conditions for their employment must be easy for seafarers to obtain when on board ship and must be accessible for inspection-related reviews.  Minimum notice periods for early termination of a SEA must be established in laws or regulations. Adequate information on all matters is to be found in the enclosed DMLC, Part I FORMCHECKBOX / Part II FORMCHECKBOX / seafarers ’ employment agreement FORMCHECKBOX / collective agreement provisions FORMCHECKBOX . (A link to a publicly accessible web site containing the applicable collective agreement may also be provided.) Please check one or more boxes or provide the information below. Do national laws or regulations provide that seafarers working on ships flying your country ’ s flag must have a seafarers ’ employment agreement (SEA) signed by both the seafarer and the shipowner or shipowner representative (or, where they are not employees, other evidence of contractual or similar arrangements), providing them with decent working and living conditions on board the ship, and that the shipowner and seafarer concerned have each a signed original of the SEA . ( Standard A2.1, paragraph 1(a) and (c) ) Please indicate the applicable national provisions and, if possible, reproduce the relevant texts . First report: According to the SEA paragraph 4, crew members shall enter into a seafarer’s employment contract. Generally, employment contracts in Estonia must include at leats following data (ECA paragraph 5): the name, personal identification code or registry code, place of residence or seat of the employer and the employee; the date of entry into the employment contract and commencement of work by the employee; a description of duties; the official title if this brings about a legal consequence; the agreed remuneration payable for the work (wages), including remuneration payable based on the economic performance and transactions, and the manner of calculation, the procedure for payment and the time of falling due of wages (pay day), also taxes and payments payable and withheld by the employer; other benefits if agreed upon; the time when the employee performs the agreed duties (working time); the place of performance of work; the duration of holiday; a reference to the terms for advance notice of cancellation of the employment contract or the terms for advance notice of cancellation of the employment contract; a reference to the rules of work organisation established by the employer; a reference to a collective agreement if a collective agreement is applicable with regard to the employee. The data of an employment contract shall be communicated in good faith, clearly and unambiguously. If the data has not been communicated to the employee before commencement of work, the employee may demand it at any time. The employer shall be obligated to communicate data within two weeks as of the receipt of such a request. Any changes in the data shall be communicated to the employee in writing within one month as of the making of the changes . The employer shall preserve the written employment contract during the term of validity of the employment contract and for ten years after the expiry of the employment contract. In addition to that provided for in pargraph 5 of the ECA, a written document of a seafarer’s employment contract shall, according to paragraph 9 of the SEA, include at least the following information: the place of birth of the crew member; the place where the crew member shall commence work; the ship or ships where work shall be commenced and the ship’s registration number; a reference to the health and social security guarantees offered by the operator, including to the benefits in connection with work-related illnesses or injuries or death caused by an occupational accident; a reference to the organisation of repatriation of the crew member; a reference to the conditions of and the procedure for the cancellation of the seafarer’s employment contract, including to the terms of advance notice of the cancellation of the seafarer’s employment contract. Second report: FORMTEXT Third report : FORMTEXT Fourth report: FORMTEXT What are the minimum notice periods to be given by seafarers and by shipowners for the early termination of a seafarer ’ s employment agreement? (Standard A2.1, paragraph 5) Please indicate the applicable national provisions and, if possible, reproduce the relevant texts . First report : General rules for advance noticed of cancellation of employment contract are set out in the ECA. According to paragraph 97 of the ECA , a n employer shall give an employee advance notice of extraordinary cancellation if the employee’s employment relationship with the employer has lasted: less than one year of employment – no less than 15 calendar days; one to five years of employment – no less than 30 calendar days; five to ten years of employment – no less than 60 calendar days; ten and more years of employment – no less than 90 calendar days. A n employer may cancel an employment contract without adhering to the term for advance notice if, considering all circumstances and mutual interests, it cannot be reasonably demanded that the performance of the contract be continued until the expiry of the agreed term or term for advance notice. Terms for advance notice diffe rent from those provided for by the law may be prescribed by a collective agreement. Accordin to paragraph 98 of the ECA, a n employee shall notify the employer of ordinary cancellation no less than 30 calendar days in advance. An employee is not obligated to give to the employer advance notice of extraordinary cancellation if, considering all circumstances and mutual interests, it cannot be reasonably demanded that the performance of the contract be continued until the expiry of the agreed term or term for advance notice. SEA sets out specified rules for e xtraordinary cancellation of seafarer’s employment contract by crew member . According to paragraph 69 of the SEA, i n addition to that provided for in the EA , a crew member may extraordinarily cancel the seafarer’s employment contract, above all, under the following circumstances : the ship where the crew member is required to work is not seaworthy and the master of the ship fails to perform his duty to verify the seaworthiness of the ship and plans to leave port; the crew member’s living and working conditions on board the ship jeopardise the life or health of the crew member and the operator fails to take measures necessary for improving the situation; the crew member has been abused on board the ship and the master of the ship has not succeeded in protecting the crew member although the master of the ship has been informed of the abuse; the ship loses its right to fly the flag of Estonia; the seafarer’s employment contract has been entered into for the duration of a specified voyage and the destination of the voyage is changed; after the commencement of work on board the ship it becomes clear that the ship may become subject to the control of a foreign country or suffer damage in a war or piracy zone or that the said danger has significantly increased; after the commencement of work on board the ship it becomes clear that the port where the ship is planning to head to has been declared to be an area of an epidemic. A crew member shall notify the operator of the cancellation of the seafarer’s employment contract on the basis provided for in the SEA (listed above) at least five calendar days in advance, except when considering all the circumstances and the interests of both parties it cannot be reasonably requested that the contract be continued until the end of the period for advance notice. Second report: FORMTEXT Third report : FORMTEXT Fourth report: FORMTEXT Do national laws or regulations or collective agreements provide for circumstances justifying termination of the employment agreement at shorter notice or without notice? (Standard A2.1, paragraph 6) If yes, please summarize the provisions concerned and , if possible, reproduce the relevant texts : First report: According to ECA paragraph 97 , an employer may cancel an employment contract without adhering to the term for advance notice if, considering all circumstances and mutual interests, it cannot be reasonably demanded that the performance of the contract be continued until the expiry of the agreed term or term for advance notice. Terms for advance notice different from those provided may be prescribed by a collective agreement. According to ECA paragraph 98, a n employee is not obligated to give to the employer advance notice of extraordinary cancellation if, considering all circumstances and mutual interests, it cannot be reasonably demanded that the performance of the contract be continued until the expiry of the agreed term or term for advance notice. There are no exceptions to term for advance notice set out in the SEA applying inclusively to crew members. Second report: FORMTEXT Third report : FORMTEXT Fourth report: FORMTEXT Please summarize your country ’ s requirements to ensure that seafarers are given an opportunity to review and seek advice on their SEA before signing, reproducing the relevant texts if possible . (Standard A2.1, paragraph 1(b)) First report: According to paragraph 8 of the SEA, p ersons applying to become a crew member have the right to examine the terms and conditions of the contract in the course of pre-contractual negotiations as well as to seek advice on such terms and conditions. Second report: FORMTEXT Third report : FORMTEXT Fourth report: FORMTEXT Please summarize your country ’ s requirements to ensure that seafarers have easy access on board ship to information about their conditions of employment reproducing the relevant texts if possible . (Standard A2.1, paragraph 1(d)) First report: According to paragraph 26 of the SEA, o n board ships, except for ships engaged in navigating in the inland waters or coastal shipping, the following must be made available for the crew members: 1) for every position, at least the work schedule at sea and in port; 2) information about the minimum rest time; 3) information about the organisation of repatriation; 4) the procedure for filing and hearing the crew members’ complaints on board ship; 5) a copy of the seafarer’s employment contract and of collective agreements; 6) legislation regulating seafarers’ employment relationships, including the Maritime Labour Convention of the International Labour Organization and on fishing vessels the Work in Fishing Convention of the International Labour Organization. The information and documents specified in in the list above shall be in Estonian and in English. If the working language on board ship is not Estonian, the operator is also required to present the information in the working language. Second report: FORMTEXT Third report : FORMTEXT Fourth report: FORMTEXT Do laws or regulations provide that seafarers are given a document containing a record of their employment on board the ship ? ( Standard A2.1, paragraph s 1(e) and 3 ) Please indicate the applicable national provisions and, if possible, reproduce the relevant texts. First report: See last answer. Second report: FORMTEXT Third report : FORMTEXT Fourth report: FORMTEXT Please indicate whether, in the case in which a collective bargaining agreement forms all or part of a SEA, a copy of that agreement is available on board and whether a copy of a standard form of agreement and the portions of a collective bargaining agreement subject to port state inspection under Regulation 5.2 are available in English (except for ships only engaged in domestic voyages). (Standard A2.1, paragraph 2) Please indicate the applicable national provisions and, if possible, reproduce the relevant texts. First report: According to paragraph 26 of the SEA, on board ships, except for ships engaged in navigating in the inland waters or coastal shipping, inter alia, a copy of the seafarer’s employment contract and of collective agreements must be made available for the crew members. Second report: FORMTEXT Third report : FORMTEXT Fourth report: FORMTEXT Please provide information on any laws and regulations requiring that the SEA contain the matters set out in Standard A2.1, paragraph 4(a)–(j) and, as applicable, (k) . Please reproduce the relevant texts. First report: According to the Employment Contracts Act ( ECA ) paragraph 5 , a written document of an employment contract shall contain at least the following data: 1) the name, personal identification code or registry code, place of residence or seat of the employer and the employee; 2) the date of entry into the employment contract and commencement of work by the employee; 3) a description of duties; 4) the official title if this brings about a legal consequence; 5) the agreed remuneration payable for the work (wages), including remuneration payable based on the economic performance and transactions, and the manner of calculation, the procedure for payment and the time of falling due of wages (pay day), also taxes and payments payable and withheld by the employer; 6) other benefits if agreed upon; 7) the time when the employee performs the agreed duties (working time); 8) the place of performance of work; 9) the duration of holiday; 10) a reference to the terms for advance notice of cancellation of the employment contract or the terms for advance notice of cancellation of the employment contract; 11) a reference to the rules of work organisation established by the employer; 12) a reference to a collective agreement if a collective agreement is applicable with regard to the employee. In addition to that, SEA paragraph 9 provides that a written document of a seafarer’s employment contract shall include at least the following information: 1) the place of birth of the crew member; 2) the place where the crew member shall commence work; 3) the ship or ships where work shall be commenced and the ship’s registration number; 4) a reference to the health and social security guarantees offered by the operator, including to the benefits in connection with work-related illnesses or injuries or death caused by an occupational accident; 5) a reference to the organisation of repatriation of the crew member; 6) a reference to the conditions of and the procedure for the cancellation of the seafarer’s employment contract, including to the terms of advance notice of the cancellation of the seafarer’s employment contract. Second report: FORMTEXT Third report : FORMTEXT Fourth report: FORMTEXT Additional information concerning implementation of Regulation 2.1 , indicating any cases of substantial equivalence. First report: FORMTEXT Second report: FORMTEXT Third report : FORMTEXT Fourth report: FORMTEXT Documentation: Please provide in English (see Standard A2.1, paragraph 2 and guidance in Guideline B2.1.1, paragraph 1) :  an example of the approved document for seafarers ’ record of employment (Standard A2.1, paragraphs 1 and 3) ;  the standard form or an example of a seafarers ’ employment agreement (please remove individual identification information if there is no standard form used) (Standard A2.1, paragraph 2(a)) ;  the relevant portion of any applicable collective bargaining agreement (Standard A2.1, paragraph 2(b)) . First report: FORMTEXT Second report: FORMTEXT Third report : FORMTEXT Fourth report: FORMTEXT Regulation 2.2 – Wages Standard A2.2; see also Guideline B2.2  Seafarers must be paid at no greater than monthly intervals and in full for their work in accordance with their employment agreements and any applicable collective agreement.  Seafarers are entitled to an account each month indicating their monthly wage and any authorized * deductions (such as allotments ** ).  Flag States may wish to consider requiring shipowners to carry on board their ships ’ documents such as a copy of payroll or electronic record sheets.  Charges for remittances/allotment transmission services must be reasonable and exchange rates in accordance with national requirements. * No unauthorized deductions, such as payments for travel to or from the ship. ** An allotment is an arrangement whereby a proportion of seafarers ’ earnings is regularly remitted, on their request, to their families or dependants or legal beneficiaries whilst the seafarers are at sea. Adequate information on all matters is to be found in the enclosed seafarers ’ employment agreement / collective agreement provisions FORMCHECKBOX / DMLC, Part I FORMCHECKBOX /Part II FORMCHECKBOX Please check one or more boxes or provide the information below. What are the main items that must be included in the monthly account that seafarers are entitled to receive on board ship? ( Regulation 2.2 and Standard A2.2, paragraph 2 ) Please indicate the applicable national provisions and, if possible, reproduce the relevant texts . First report: According to paragraph 3 of the SEA, the operator shall remunerate the crew member for the work. Paragraph 33 of the ECA, an employer is obligated to pay wages to an employee once a month, unless a shorter term has been agreed on for payment of remuneration. According to paragraph 29 of the ECA, the employee’s tax liability, that is the taxes and premiums prescribed by law which are to be withheld from the wages shall be debited from the agreed wages. Wages shall be paid in money. If, in addition to wages, it has been agreed that the employer shall grant an employee other benefits, the employee shall have the right to demand them. It is not clearly regulated by laws what items must be included in the monthly account of seafarers. Second report: FORMTEXT Third report : FORMTEXT Fourth report: FORMTEXT Please outline the measures taken by shipowners to provide seafarers with a means to transmit all or part of their earnings to their families or dependants or legal beneficiaries. ( Standard A2.2, paragraphs 3 and 4 ) Please indicate the applicable national provisions and, if possible, reproduce the relevant texts . First report: According to paragraph 23 of the SEA , r easonable costs related to the payment of wages shall be borne by the operator. On board ships with a gross tonnage of 200 or more, engaged in international shipping, the operator shall ensure that the crew members have the possibility to transfer their wages to the bank account of a third person. In the case of fishing vessels the said obligation applies on board ships with a gross tonnage of 300 or more. Second report: FORMTEXT Third report : FORMTEXT Fourth report: FORMTEXT What is the basis for determining the reasonable charge, if any is made, by shipowners for transmission services and for determining any relevant exchange rate? (Standard A2.2, paragraph 5) Please indicate the applicable national provisions and, if possible, reproduce the relevant texts . First report: In the context of the SEA , reasonable charges include first and foremost bank transfer fees and in Estonian banks. In case the transfer is made to seafarer’s family or dependants in other countries, these charges may not be considered reasonable and seafarer must pay for the transfer himself/herself. It is the case especially when seafarer has an option to choose between banks with different fees. Second report: FORMTEXT Third report : FORMTEXT Fourth report: FORMTEXT For countries that adopt national laws or regulations to govern seafarers ’ wages, has the guidance in Guideline B2.2 been given due consideration ? (Standard A2.2, paragraph 6) If yes, please summarize or provide a reference to the relevant national legislat ion provided under Part I, item I. First report: There is no such regulation. Second report: FORMTEXT Third report : FORMTEXT Fourth report: FORMTEXT Additional information concerning implementation of Regulation 2.2 , including any cases of substantial equivalence. First report: FORMTEXT Second report: FORMTEXT Third report : FORMTEXT Fourth report: FORMTEXT Regulation 2.3 – Hours of work and hours of rest Standard A2.3; see also Guideline B2.3  The maximum hours of work or the minimum hours of rest must be established in national laws or regulations (the minimum hours of rest must not be less than ten hours in any 24-hour period and 77 hours in any seven-day period, or the maximum hours of work must not exceed 14 hours in any 24-hour period and 72 hours in any seven-day period).  Account must be taken of the danger posed by the fatigue of seafarers.  Hours of rest may be divided into no more than two periods, one of which must be at least six hours; the interval between consecutive periods of rest must not exceed 14 hours.  Any mandatory musters or drills must be conducted in a way that minimizes disturbance of rest hours and does not induce fatigue.  Seafarers on call must be given compensatory rest if the normal rest period is interrupted.  A schedule/table of service at sea and service in port for all positions, in a standardized format in the working language(s) of the ship and English, and the applicable limits under a law or regulation or a collective agreement, must be posted in an accessible location on board ship.  Seafarers ’ daily hours of work or rest must be recorded in an approved standard format and in the working language(s) of the ship and English and must be endorsed by the seafarer (who is given a copy) and the master (or authorized person). Adequate information on all matters is to be found in the enclosed DMLC, Part I FORMCHECKBOX / Part II FORMCHECKBOX Please check one or both boxes or provide the infor mation below. Are the requirements in your country that implement Regulation 2.3 based on maximum hours of work or on minimum hours of rest? ( Regulation 2.3, paragraphs 1 and 2 ) Maximum hours of work FORMCHECKBOX Minimum hours of rest FORMCHECKBOX Please indicate how account is taken of the danger posed by the fatigue of seafarers. (Standard A2.3, paragraph 4) First report: According to paragraph 42 of the SEA, i n organising watchkeeping, the operator shall apply measures for preventing overfatigue and unjustified overtime work. This principle is based on the ST CW Code and Directive 2008/16/EC. According to i ndicative non-binding guidelines for the STCW Code , these should ensure that exc essive and unjustified over-time work is avoided. The guidelines also prohibit the int erpretation of the minimum rest period requirement so that the rest of the time that is not considered rest time could be used for watchkeeping duty or other tasks. The guidelines emphasize that the frequency and duration of the rest periods and the compensatory rest periods are important factors to avoid accumulating of over tiredness . Also, according to paragraph 44 of the ECA, a n employer and employee may agree that the employee undertakes to do work over the agreed working time (overtime work). In the case of calculation of the summarised working time, overtime work means work exceeding the agreed working time at the end of the calculation period. Overtime work is considered to be something that cannot be agreed on in advance (for example, employer and employee cannot agree on overtime work in the employment contract). In addition, in line with the principle of good faith, an employer may demand that an employee work overtime due to unforeseen circumstances pertaining to the enterprise or activity of the employer, in particular for prevention of damage. An employer shall compensate for overtime work by time off equal to the overtime, unless it has been agreed that overtime is compensated for in money. Second report: FORMTEXT Third report : FORMTEXT Fourth report: FORMTEXT Please state the maximum hours of work or minimum hours of rest, including any measures that may have been adopted for seafarers under the age of 18. ( Standard A2.3, paragraphs 2 and 5; Standard A1.1, paragraph 2 ; see guidance in Guideline B2.3.1 ) How many hours of work per 24 hours? FORMTEXT How many hours of work per seven days? FORMTEXT or How many hours of rest per 24 hours? 10 hours How many hours of rest per seven days? 84/77 hours Measures for seafarers under the age of 18 : Described below Please indicate the applicable national provisions and, if possible, reproduce the relevant texts . First report: According to paragraph 42 of the SEA , t he working time of watchkeepers shall be divided into periods of time of watchkeeping if the voyage lasts for at least 12 hours without interruptions. In organising watchkeeping, the operator shall apply measures for preventing overfatigue and unjustified overtime work. According to paragraph 48 of the SEA, a n agreement by which a crew member is left with less than ten hours of rest time over a period of 24 hours is void. Over a period of 24 hours the rest time may be divided into two periods, provided the duration of one period is at least six consecutive hours. For good reasons, an exception to the restriction specified in the second sentence of § 48 of the SEA may be made for a watchkeeper in order to keep the ship in operation, provided the daily rest time is not divided within a period of twenty-four hours into more than three periods, one of which shall be at least six consecutive hours and the rest of the periods shall be at least one hour. The time between two consecutive rest times may not exceed 14 hours. The exception to the daily rest time specified in this subsection may only be applied within two periods of twenty-four hours per seven days. The time between two consecutive rest times may not exceed 14 hours at all times . According to paragraph 49 of the SEA, a n agreement by which a crew member is left with less than 84 hours of rest time over a period of seven days is void. The weekly rest time includes the daily rest ti me specified in § 48 of the SEA . Exceptions to this restriction may be made by a collective agreement, provided working will not harm the health or safety of the employee and the crew member is left with at least 77 hours of rest time over a period of seven days. Also, a n agreement by which a watchkeeper is left with less than 77 hours of rest time over a period of seven days is void. The weekly rest time includes the daily rest time specified in § 48 the SEA . For g ood reasons, an exception to this r estriction may be made for a watchkeeper in order to keep the ship in operation, provided the rest time within a period of seven days is at least 70 hours; whereas, such an exception is only permitted within two consecutive weeks. The operator may only apply such an exception to the restriction on rest time after a period of time equal to two periods of application of the exception has passed. Also, limits on time for performing work set out in the ECA, are applied to crew members. According to paragraph 46 of the ECA, The summarised working time shall not exceed on average 48 hours per a period of seven days over a calculation period of up to four months, unless a different calculation period has been provided by law. The calculation period may be extended by a collective agreement to up to 12 months in the case of health care professionals, welfare workers, agricultural workers and tourism workers. Calculation period is 6 months and can be extended by collective agreement up to 12 months for crew members (SEA § 40). An employer and employee may agree on a longer working time if the summarised working time does not exceed on average 52 hours per a period of seven days over a calculation period of four months and the agreement is not unreasonably detrimental to the employee. The employee may cancel the agreement at any time, notifying thereof two weeks in advance. An employee has the right to refuse to work overtime and the labour inspector of the seat (place of residence) of the employer has the right to prohibit or limit overtime work if the employer fails to fulfil the conditions specified or occupational safety and health requirements. According to paragraph 43 of the ECA, f or minors at least 15 years of age and who are not subject to obligation to attend school, daily working time is 8 hours and weekly working time 40 hours. It is prohibited to apply calculation of summarised working time exceeding the working time limits prescribed. Paragra ph 44 of the ECA prohibits over time work for minors. According to paragraph 51 of the ECA, an agreement by which an employee who is 15–17 years of age and not subject to the obligation to attend school is left over a period of 24 hours with less than 14 hours of consecutive rest time is void . Second report: FORMTEXT Third report : FORMTEXT Fourth report: FORMTEXT Are more than two periods of rest per 24 hours prohibited in all cases? Yes Must one period of rest per 24 hours always be at least six hours in length? Yes Must the interval between periods of rest in all cases be 14 hours at most? Yes (Standard A2.3, paragraph 6) Please indicate the applicable national provisions and, if possible, reproduce the relevant texts . If the answer to any question is “ no ” , please provide the necessary information: First report: See relevant national provisions in the last answer. Second report: FORMTEXT Third report : FORMTEXT Fourth report: FORMTEXT Please indicate the requirements relating to the minimizing of disturbances by drills, etc., and the granting of compensatory rest covered by Standard A2.3, paragraphs 7, 8, 9 and 14 . Please indicate the applicable national provisions and, if possible, reproduce the relevant texts . First report: Accoring to SEA paragraph 47 , i nspections and rescue and fire drills shall be organised in a manner that disturbs the rest time of the crew members as little as possible and that does not cause overfatigue. Second report: FORMTEXT Third report : FORMTEXT Fourth report: FORMTEXT What is the normal working hours standard for seafarers, including any measures that may have been adopted for seafarers under the age of 18? ( Standard A2.3, paragraph 3 ; Standard A1.1, paragraph 2 ; see guidance in Guideline B2.3.1 ) Please indicate the applicable national provisions and, if possible, reproduce the relevant texts . First report: Working hours are regulated by the ECA. Paragraph 43 of the ECA, i t is presumed that an employee works 40 hours over a period of seven days (full-time work), unless the employer and the employee have agreed on a shorter working time (part-time work). It is presumed that an employee works 8 hours a day. In the case of calculation of the summarised working time, the agreed working time of the employee per a period of seven days during the calculation period is taken into account. Unless the employer and the employee have agreed on a shorter working time, full-time work (shortened full-time work) means: in the case of an employee who is 7–12 years of age – 2 hours a day and 12 hours over a period of seven days during a quarter of an academic year outside of school hours and 3 hours a day and 15 hours over a period of seven days during school holidays; in the case of an employee who is 13–14 years of age or an older employee who is subject to the obligation to attend school – 2 hours a day and 12 hours over a period of seven days during a quarter of an academic year outside of school hours and 7 hours a day and 35 hours over a period of seven days during school holidays. If a minor who is 14 years of age and studying in a vocational educational institution is completing work practice for the purposes of the Vocational Educational Institutions Act, his or her working time may be 7 hours a day and 35 hours over a period of seven days. Under the same conditions, the working time of a minor who is at least 15 years of age may be 8 hours a day and 40 hours over a period of seven days. Paragraph 44 of the ECA regulates overtime work. An employer and employee may agree that the employee undertakes to do work over the agreed working time (overtime work). In the case of calculation of the summarised working time, overtime work means work exceeding the agreed working time at the end of the calculation period. An overtime work agreement with a minor is void. An overtime work agreement with an employee who comes into contact with hazards in the working environment and whose working time has therefore been shortened pursuant to law is also void. In line with the principle of good faith, an employer may demand that an employee work overtime due to unforeseen circumstances pertaining to the enterprise or activity of the employer, in particular for prevention of damage. Working overtime due to unforeseen circumstances cannot be demanded of a minor, a pregnant woman or an employee who has the right to pregnancy and maternity leave. An employer shall compensate for overtime work by time off equal to the overtime, unless it has been agreed that overtime is compensated for in money. Upon compensation for overtime work in money, an employer shall pay an employee 1.5 times the wages. According to paragraph 46 of the ECA, the summarised working time shall not exceed on average 48 hours per a period of seven days over a calculation period of up to four months, unless a different calculation period has been provided by law. An employer and employee may agree on a longer working time than 48 hours per a period of seven days if the summarised working time does not exceed on average 52 hours per a period of seven days over a calculation period of four months and the agreement is not unreasonably detrimental to the employee. The employee may cancel the agreement at any time, notifying thereof two weeks in advance. An employee has the right to refuse to work overtime on the basis of an agreement specified in last paragraph , and the labour inspector of the seat (place of residence) of the employer has the right to prohibit or limit overtime work if the employer fails to fulfil the conditions for longer working time or occupational safety and health requirements. An employer shall keep separate accounts of employees working on the basis of an agreement of longer working time and submit these to the labour inspector of the seat (place of residence) and the employees’ representative at their request. Paragraph 40 of the SEA allows to extend the calculation period provided for in paragraph 46 of the SEA. The calculation period may be extended for a crew member up to six months and by a collective agreement up to 12 months. Second report: FORMTEXT Third report : FORMTEXT Fourth report: FORMTEXT Have any collective agreements been authorized or registered that permit exceptions to the established limits? (Standard A2.3, paragraph 13) If yes, please provide a copy of the relevant provisions under “ Documentation ” below. First report: No such collective agreements to the knowledge of Ministry of Social Affairs. Second report: FORMTEXT Third report : FORMTEXT Fourth report: FORMTEXT What measures are taken to ensure the recording of accurate daily hours of work or rest? What measures are taken to ensure that seafarers receive a copy of the records pertaining to them endorsed by the master, or a person authorized by the master, and by the seafarers? (Standard A2.3, paragraph 12) Please indicate the applicable national provisions and, if possible, reproduce the relevant texts . First report: According to paragraph 50 of the SEA, t he master of a ship or another competent person shall keep record of the crew members’ working and rest time. A crew member has the right to obtain a copy of the record endorsed by the master of the ship or another competent person and the crew member. The procedure and the form for keeping record of crew members’ working and rest time shall be established by a regulation of the Government of the Republic (No 111 regarding k eeping record of working and rest time of crew members) . Paragraph 2 of the Regulation No 111 provides the form for keeping record of working and rest time of crew members. This form is available in Estonian and in English: https://www.riigiteataja.ee/aktilisa/1120/7201/4173/VV_111m_lisa.pdf# . Also, record of h ours of work and rest are kept separately for each calendar month. Entries on the crew member's work and rest time are made at least once in 24 hours in the table. The record is kept in Estonian and English. Regulation is available in Estonian: https://www.riigiteataja.ee/akt/112072014173 . The master of a ship or another competent person shall keep the documents concerning the record of working and rest time prepared for a crew member in an accessible place, ensuring the preservation of the documents concerning the record of working and rest time for at least one year as of the date of preparation thereof. Second report: FORMTEXT Third report : FORMTEXT Fourth report: FORMTEXT Additional information concerning implementation of Regulation 2.3 , including any cases of substantial equivalence. First report: FORMTEXT Second report: FORMTEXT Third report : FORMTEXT Fourth report: FORMTEXT Documentation: Please provide, in English (see Standard A2.3, paragraphs 10 and 11 ) :  a copy of the approved standardized table for shipboard working arrangements ( Standard A2.3, paragraphs 10 and 11 ) ;  a copy of the standard form established by the competent authority for the recording of seafarers ’ daily hours of work or their daily hours of rest (Standard A2.3, paragraph 12) ;  a copy of any authorized or registered collective agreement provisions that establish seafarers ’ normal working hours or permit exceptions to the established limits ( Standard A2.3, paragraphs 3 and 13 ) . First report: S tandard form established by the competent authority for the recording of seafarers’ daily hours of work or their daily hours of res t is available in Estonian and in English: https://www.riigiteataja.ee/aktilisa/1120/7201/4173/VV_111m_lisa.pdf# . Second report: FORMTEXT Third report : FORMTEXT Fourth report: FORMTEXT Regulation 2.4 – Entitlement to leave Standard A2.4; see also Guideline B2.4  Seafarers must be given paid annual leave.  Seafarers are to be granted shore leave to benefit their health and well-being and consistent with the operational requirements of their positions.  The minimum annual paid leave must be determined in laws and regulations.  Subject to any collective agreement or national laws or regulations providing a differing method of calculation, the entitlement to paid annual leave is to be calculated on the basis of 2.5 calendar days per month of employment.  Except in cases authorized by the competent authority, any agreement to forgo the minimum leave must be prohibited. Adequate information on all matters is to be found in the enclosed seafarers ’ employment agreement FORMCHECKBOX / collective agreement provisions FORMCHECKBOX Please check one or both boxes or provide the information below. What is the minimum paid annual leave for seafarers on ships flying the flag of your country? ( Standard A2.4, paragraphs 1 and 2 ) Please indicate the applicable national provisions and, if possible, reproduce the relevant texts . First report: According to paragraph 51 of the annual holiday of crew members is 35 calendar days. Second report: FORMTEXT Third report : FORMTEXT Fourth report: FORMTEXT How are seafarers ’ entitlements to paid annual leave calculated in your country? ( Standard A2.4, paragraph 2; see also guidance in Guideline B2.4 ) Please indicate the applicable national provisions and, if possible, reproduce the relevant texts . First report: Calculation of holiday pay is regulated by the ECA. Paragraph 70 of the ECA stipulates that an employee has the right to receive holiday pay calculated according to the procedure for calculating average wages .Holiday pay shall be paid no later than on the penultimate working day before the start of the holiday, unless the employer and the employee have agreed otherwise. An agreement, on the basis of which holiday pay is paid later than on the pay day following the use of the holiday, is void. An agreement on compensation for holiday with money or other benefits during the term of validity of employment contract is also void. Second report: FORMTEXT Third report : FORMTEXT Fourth report: FORMTEXT Are any agreements to forgo the minimum annual leave with pay prohibited under national legislation? (Standard A2.4, paragraph 3) Please indicate the applicable national provisions and, if possible, reproduce the relevant texts . First report: General principle of the ECA prohibits agreements that derogate to the detriment of the employee from the provisions of the ECA, unless the possibility of an agreement derogating to the detriment of the employee has been prescribed by the ECA. Second report: FORMTEXT Third report : FORMTEXT Fourth report: FORMTEXT Have any agreements to forgo annual leave with pay been authorized by the competent authority in your country? (Standard A2.4, paragraph 3) If yes, please specify the kinds of cases that have been provided: First report: There are no such agreements. Second report: FORMTEXT Third report : FORMTEXT Fourth report: FORMTEXT Are shipowners required to give seafarers appropriate shore leave ? ( Regulation 2.4, paragraph 2) Please indicate the applicable national provisions and, if possible, reproduce the relevant texts . First report: Paragraph 52 of the SEA regulates o rganisation of repatriation upon grant of holiday . According to this paragraph, i f the ship is outside the territory of the Republic of Estonia, the operator shall organise a crew member’s repatriation to the Republic of Estonia upon the grant of holiday to him or her and after the end of the holiday the return voyage to the ship pursuant to rules for repatriation provided for in the SEA , unless the parties have agreed otherwise. The time spent by a crew member on repatriation and the return voyage to the ship shall not be included in the holiday. According to paragraph 53 of the ECA, c rew members have the right to a holiday after working six months without interruptions on board the same ship or on board the same operator’s ship. Crew members shall notify the master of the ship of their request for holiday two weeks in advance. The obligation to grant a holiday arises after the passing of the deadline of two weeks when the ship enters a port. The obligation to grant a holiday does not arise in a port where the ship enters for bunkering, for bringing an ill or injured person ashore, or due to another unforeseeable event, and from where the repatriation of the crew member cannot be reasonably organised. After the obligation to grant a crew member a holiday has arisen, the crew member shall continue to work for one month at the most if the necessary replacement cannot be found or if there is reason to believe that during such time the ship will reach a port from where the repatriation of the crew member can be organised in a simpler and cheaper way. Second report: FORMTEXT Third report : FORMTEXT Fourth report: FORMTEXT Additional information concerning implementation of Regulation 2.4 , indicating any cases of substantial equivalence. First report: FORMTEXT Second report: FORMTEXT Third report : FORMTEXT Fourth report: FORMTEXT Documentation: Please provide a copy of the provisions in any applicable collective agreement which provides for the calculation of the minimum paid annual leave on a basis that differs from a minimum of 2.5 days per month of employment (Standard A2.4, paragraph 2). Where the provisions are not available in English, French or Spanish, please provide a summary in one of these languages. First report: There are no such collective agreements. Second report: FORMTEXT Third report : FORMTEXT Fourth report: FORMTEXT Regulation 2.5 – Repatriation Standards A2.5.1 and A2.5.2; see also Guideline B2.5 The provisions of the Code for Regulation 2.5 ( Standard A2.5 and Guideline B2.5 ) were amended in 2014. S tandard A2.5.1 – Repatriation  Seafarers are to be repatriated, at no cost to themselves except to the extent that the Code permits otherwise.  Seafarers are entitled to repatriation in the following circumstances: – if the seafarers ’ employment agreement expires while they are abroad; – when their seafarers ’ employment agreement is terminated: · by the shipowner; or · by the seafarer for justified reasons; and – when the seafarers are no longer able to carry out their duties under their employment agreement or cannot be expected to carry them out in the specific circumstances.  Seafarers ’ repatriation entitlements are to be provided for in national laws and regulations or other measures or collective bargaining agreements.  Ships must provide financial security to ensure that repatriation will occur.  A copy of the applicable national provisions regarding repatriation must be carried on ships and made available to seafarers in an appropriate language.  Repatriation of seafarers on ships coming into port or navigating a country ’ s waters is to be facilitated.  Repatriation of a seafarer is not to be refused because of the financial situation of the shipowner or the shipowner ’ s refusal to replace a seafarer. Standard A2.5.2 – Financial security  A financial security system to assist seafarers in the event of their abandonment must be in place for ships .   Seafarers shall be deemed to have been abandoned where shipowners: – fail to cover the cost of the seafarers ’ repatriation; or – have left the seafarers without the necessary maintenance and support; or – have otherwise unilaterally severed their ties with the seafarers including failure to pay contractual wages for a period of at least two months.  Ships that have to be certified according to Regulation 5.1.3 shall carry on board – and post in a conspicuous place – a certificate or other documentary evidence of financial security.  The financial security system in case of abandonment of seafarers shall be sufficient to cover: – outstanding wages and other entitlements due from the shipowner to the seafarer, limited to four months; – all expenses reasonably incurred by the seafarer, including the cost of repatriation; and – the essential needs of the seafarer including such items as: adequate food, clothing where necessary, accommodation, drinking water supplies, essential fuel for survival on board the ship and necessary medical care. Adequate information on all matters is to be found in the enclosed seafarers ’ employment agreement ☐ / collective agreement provisions FORMCHECKBOX / DMLC, Part I FORMCHECKBOX /Part II FORMCHECKBOX Please check one or more boxes or provide the infor mation below. What kind of financial security is provided by ships flying the flag of your country? (Regulation 2.5, paragraph 2) Does national legislation require the provision of an expedi tious and effective financial se curity system to assist seafarers in the event of their abandonment? (Standard A2.5.2, paragraph 1) If yes, please indicate the applicable national provisions, reproduce the relevant texts and specify if the financial security system was determined after consultation with the shipowners ’ and seafarers ’ organizations concerned. (Standard A2.5.2, paragraph 3) First report: According to Merchant Shipping Act paragraph 77 1 , t he owner of a ship flying the national flag of Estonia shall have a valid liability insurance contract covering the liability of the shipowner for claims of third persons arising upon operation of the ship. The provisions regulating the liability insurance of a shipowner shall also apply to an operator or charterer operating a ship. The owner of a ship flying another flag shall have the liability insurance contract if the ship arrives at an Estonian port. The insurance shall cover maritime claims that are subject to limitation of liability pursuant to the Convention on Limitation of Liability for Maritime Claims. A ship of with a gross tonnage of 300 tons or more shall be insured under liability insurance. According to paragraph 77 2 of the Merchant Shipping Act, l iability insurance shall cover at least the following maritime claims: claims for causing loss of life, bodily injury or damage to health, for destruction or loss of or damage to a thing, including damage to port facilities, port basins, waterways and aids to navigation which took place on board a ship or in direct connection with the operation of a ship of a salvage operation, and claims that have arisen thereby due to further damage; claims for compensation for damage caused by delays in carriage of cargo, passengers or their luggage by sea; claims for compensation for damage that is caused by violation of a right other than that deriving from a contract and is directly connected with the operation of a ship or a salvage operation; claims for reimbursement of costs of raising, removal, destruction or rendering harmless of a ship which is sunk, wrecked, stranded or abandoned, including anything that is or has been on board the ship; claims arising from removal, destruction or the rendering harmless of the cargo of the ship; claims arising from damage caused by a ship to the environment or the coastline or interests related thereto, or a hazard of such damage; claims other than those of a responsible person due to measures taken to eliminate or minimize such damage for which the responsible person can limit its liability for maritime claims pursuant to the Convention on Limitation of Liability for Maritime Claims, as well as claims for compensation for further damage caused by such measures. According to paragraph 77 3 of the Merchant Shipping Act, t he existence of a liability insurance contract shall be evidenced by an insurance policy carried on board the ship. A policy of liability insurance shall include the following information: 1) name of the ship, her IMO number and the port of registry; 2) name and principal place of business of the shipowner; 3) type and duration of liability insurance; 4) name and principal place of business of the insurance undertaking. The insurance policy of a ship flying the national flag of Estonia shall be either in English or in Estonian and English. There is no specific financial security for abandonment yet, as we are still in the process of implementing the amendments to the Code of MLC. The SEA currently provides for s ecurity for compensation for costs of organisation of repatriation . Paragraph 59 stipulates that an operator, except for an operator of a ship engaged in navigating in the inland waters or coastal shipping, is required to prescribe a sufficient financial security for compensating for the costs of the organisation of the repatriation. The security may be, among others, the obligation of an insurance company or a credit institution located in Estonia or in a state which is a contracting party to the EEA Agreement to guarantee the corresponding funds. The amount of the security shall be calculated on the basis of the total number of the crew members and the expected costs necessary for the performance of the operator’s obligations concerning repatriation. Second report: FORMTEXT Third report : FORMTEXT Fourth report: FORMTEXT What are the circumstances (including the maximum period of service on board a ship) in which a seafarer has a right to repatriation? ( Regulation 2.5, paragraph 1; Standard A2.5 .1 , paragraphs 1 and 2; see guidance in Guideline B2.5.1, paragraphs 1 and 2 ) Please indicate the applicable national provisions and, if possible, reproduce the relevant texts . First report: According to paragraph 55 of the SEA 55 an operator, except for an operator of a ship engaged in navigating in the inland waters or coastal shipping, is required to organise the repatriation of a crew member at its own expense when: the seafarer’s fixed term employment contract expires after the passing of the deadline; the operator or the crew member extraordinarily cancels the seafarer’s employment contract; the crew member is granted a holiday; the crew member cannot temporarily carry out the seafarer’s employment contract or he or she cannot be expected to perform the duties arising from the seafarer’s employment contract, above all in the case a crew member’s illness or injury does not allow for the crew member to be treated on board ship and in the case when a crew member may disembark from a ship and demand that the operator change the place of work and the crew member left behind in a foreign state for treatment due to an illness or injury is not able to return to the ship after the end of the treatment; there has been a shipwreck. According to paragraph 53 of the ECA, crew members have the right to a holiday after working six months without interruptions on board the same ship or on board the same operator’s ship. Crew members shall notify the master of the ship of their request for holiday two weeks in advance. The obligation to grant a holiday arises after the passing of the deadline of two weeks when the ship enters a port. The obligation to grant a holiday does not arise in a port where the ship enters for bunkering, for bringing an ill or injured person ashore, or due to another unforeseeable event, and from where the repatriation of the crew member cannot be reasonably organised. After the obligation to grant a crew member a holiday has arisen, the crew member shall continue to work for one month at the most if the necessary replacement cannot be found or if there is reason to believe that during such time the ship will reach a port from where the repatriation of the crew member can be organised in a simpler and cheaper way. Second report: FORMTEXT Third report : FORMTEXT Fourth report: FORMTEXT Are there any circumstances in which a seafarer can be expected to pay for the cost of his or her repatriation? Yes (Standard A2.5 .1 , paragraph 3) If yes, please indicate the circumstances and the applicable national provisions and, if possible, reproduce the relevant texts . According to paragraph 55 of the SEA, i f the operator extraordinarily cancels a seafarer’s employment contract due to a violation of duties or the crew member’s illness or injury which the crew member withheld upon the entry into the seafarer’s employment contract or which he or she intentionally inflicted on himself or herself, the operator may require the crew member to compensate for the costs of his or her repatriation. The operator may offset the costs by the crew member’s claim for wages without the crew member’s consent. Second report: FORMTEXT Third report : FORMTEXT Fourth report: FORMTEXT What entitlements are to be accorded by shipowners for the repatriation of seafarers? ( Standard A2.5 .1 , paragraph 2(c) ; see guidance in Guideline B2.5.1, paragraphs 3–5 ) Please indicate the applicable national provisions and, if possible, reproduce the relevant texts . First report: According to paragraph 57 of the SEA, t he repatriation of a crew member shall be organised in the most reasonable way considering the interests of both parties, preferably using air transport. The operator shall bear the costs of transporting a crew member’s luggage of up to 30 kilograms to the destination. According to paragraph 58 , o perators shall bear the costs of a crew member’s food, catering and accommodation as of the departure of the crew member from the ship until his or her arrival at the destination of repatriation. Second report: FORMTEXT Third report : FORMTEXT Fourth report: FORMTEXT Has your country received requests to facilitate repatriation of a seafarer? FORMTEXT ( Standard A2.5 .1 , paragraphs 7 and 8 ) If yes, how did your country respond? First report: FORMTEXT Second report: FORMTEXT Third report : FORMTEXT Fourth report: FORMTEXT What are the circumstances under which a seafarer is considered abandoned according to national legislation? (Standard A2.5.2, paragraph 2) Please indicate the applicable national provisions and, if possible, reproduce the relevant texts. First report: Estonian does not currently have legislation concerning abandonment as the amendments are currently being incorporated to the national legislation. Second report: FORMTEXT Third report : FORMTEXT Fourth report: FORMTEXT Does national legislation provide that ships that need to be certified according to Regulation 5.1.3 must carry on board a certificate or other documentary evidence of financial security issued by the financial security provider? If yes, please specify if the certificate or other documentary evidence must contain the information required by Appendix A2-I and has to be in English or accompanied by an English translation, and if a copy must be posted in a conspicuous place on board. ( Standard A2. 5 .2, paragraph s 6 and 7 ) Please indicate the applicable national provisions and, if possible, reproduce the relevant texts. First report: According to Merchant Shipping Act paragraph 77 1 , the owner of a ship flying the national flag of Estonia shall have a valid liability insurance contract covering the liability of the shipowner for claims of third persons arising upon operation of the ship. The provisions regulating the liability insurance of a shipowner shall also apply to an operator or charterer operating a ship. The owner of a ship flying another flag shall have the liability insurance contract if the ship arrives at an Estonian port. The insurance shall cover maritime claims that are subject to limitation of liability pursuant to the Convention on Limitation of Liability for Maritime Claims. A ship of with a gross tonnage of 300 tons or more shall be insured under liability insurance. According to paragraph 77 3 of the Merchant Shipping Act, the existence of a liability insurance contract shall be evidenced by an insurance policy carried on board the ship. A policy of liability insurance shall include the following information: 1) name of the ship, her IMO number and the port of registry; 2) name and principal place of business of the shipowner; 3) type and duration of liability insurance; 4) name and principal place of business of the insurance undertaking. The insurance policy of a ship flying the national flag of Estonia shall be either in English or in Estonian and English. Second report: FORMTEXT Third report : FORMTEXT Fourth report: FORMTEXT Does national legislation require that the financial security system is sufficient to cover outstanding wages and other entitlements; all expenses incurred by the seafarer (including the cost of repatriation); and the essential needs of the seafarers, as defined in Standard A2.5.2, paragraph 9 ? Please indicate the applicable national provisions and, if possible, reproduce the relevant texts. First report: There is no specific regulation yet. Although general p rinciples for c ompensa tion for any d amage is establishes ed in Chapter 7 "Compensation for Damage" of the Law of Obligations Act . In addition, under the Merchant Shipping Act , the shipowner is required to have liability insurance. Liability insurance is required for a vessel with a gross tonnage of 300 or more. Liability insurance covers, among other things, maritime claims for causing death, injury or damage to health on board a ship or in connection with a ship's operation or rescue operation and claims resulting therefro m as a result of further damage. Second report: FORMTEXT Third report : FORMTEXT Fourth report: FORMTEXT Does national legislation provide for at least 30 days of notice by the financial security provider to the competent authority of the flag State before the financial security can cease? (Standard A2.5.2, paragraph 11) Please indicate the applicable national provisions and, if possible, reproduce the relevant texts. First report: No such system yet Second report: FORMTEXT Third report : FORMTEXT Fourth report: FORMTEXT Additional information concerning implementation of Regulation 2.5 , including any cases of substantial equivalence. First report: FORMTEXT Second report: FORMTEXT Third report : FORMTEXT Fourth report: FORMTEXT Documentation: Please provide:  a copy of the provisions on seafarers ’ entitlement to repatriation in any applicable collective bargaining agreements (Standard A 2.5.1 , paragraph 2) ;  an example of the kind of documentation that is accepted or issued with respect to the financial security that must be provided by shipowners (Regulation 2.5, paragraph 2). Where this material is not available in English, French or Spanish, please provide a summary in one of these languages. First report: FORMTEXT Second report: FORMTEXT Third report : FORMTEXT Fourth report: FORMTEXT Regulation 2.6 – Seafarers ’ compensation for the ship ’ s loss or foundering Standard A2.6; see also Guideline B2.6  Rules must be made to ensure that shipowners pay seafarers on board an indemnity against unemployment resulting from their ship ’ s loss or foundering. Adequate information on all matters is to be found in the enclosed seafarers ’ employment agreement FORMCHECKBOX / collective agreement provisions FORMCHECKBOX Please check one or both boxes or provide the information below. How is the indemnity to be provided by shipowners to seafarers against injury, loss or unemployment in the case of a ship ’ s loss or foundering calculated (including any limitations)? ( Standard A2.6, paragraph 1 ; see guidance in Guideline B2.6, paragraph 1 ) Please indicate the applicable national provisions and, if possible, reproduce the relevant texts . First report: According to paragraph 66 of the SEA, if a ship becomes unseaworthy or there is a shipwreck, the operator has the right to cancel a seafarer’s employment contract for the reason of lay-off if the operator is unable to offer the crew member work on board another ship. In the case of a shipwreck the operator has the right to cancel a seafarer’s employment contract without adhering to the terms for advance notice provided for in the ECA. In the case a ship becomes unseaworthy due to a marine casualty, the operator shall notify a crew member of the cancellation of the seafarer’s employment contract at least five calendar days in advance. Compensation for cancellation of employment contract is regulated in the ECA. According to paragraph 100 of the ECA, upon cancellation of an employment contract due to lay-off, an employer shall pay an employee compensation to the extent of one month’s average wages of the employee. Upon cancellation of an employment contract due to lay-off, an employee has the right to receive a benefit upon lay-offs under the conditions and pursuant to the procedure prescribed in the Unemployment Insurance Act. According to paragraph 14 1 of the Unemployment Insurance Act, e mployees whose employment relationship with the employer lasted for at least five years have a right to i nsurance benefit upon cancellation of employment contract. Paragraph 14 2 stipulates that an insurance benefit shall be paid to an employee whose employment relationship with an employer or to an official whose employment in the service has lasted for: 1) five to ten years - in the amount of one month's average salary or wages; 2) over ten years - in the amount of two months' average salary or wages. Compensating the d amage caused to the seafarer by ship’s loss or foundering is regulated by the Law of Obligations Act. In addition, Law of Maritime Property Act paragraph 74 stipulates that claims in respect of loss of life or personal injury occurring, whether on land or on water, in direct connection with the operation of the ship are secured by the maritime lien ( a pledge created by law on a ship to secure claims provided by law ). Also, according to paragraph 77 2 of the Merchant Shipping Act, liability insurance shall cover claims for causing loss of life, bodily injury or damage to health, for destruction or loss of or damage to a thing, including damage to port facilities, port basins, waterways and aids to navigation which took place on board a ship or in direct connection with the operation of a ship of a salvage operation, and claims that have arisen thereby due to further damage. Second report: FORMTEXT Third report : FORMTEXT Fourth report: FORMTEXT Additional information concerning implementation of Regulation 2.6 , including any cases of substantial equivalence. First report: FORMTEXT Second report: FORMTEXT Third report : FORMTEXT Fourth report: FORMTEXT Regulation 2.7 – Manning levels Standard A2.7; see also Guideline B2.7  Ships must have a sufficient number of seafarers employed on board to ensure that ships are operated safely, efficiently and with due regard to security under all conditions, taking into account concerns about fatigue and the particular nature and conditions of voyage.  Ships must comply with the manning levels listed on the safe manning document (SMD) or equivalent issued by the competent authority.  Manning levels must take account of food and catering requirements. Adequate information on all matters is to be found in the enclosed DMLC, Part I FORMCHECKBOX / Part II FORMCHECKBOX Please check one or both boxes or provide the information below. Do the safe manning levels which are determined or approved by the competent authority avoid or minimize excessive hours of work and ensure sufficient rest for seafarers to assure the safety and security of the ship and its personnel in all operating conditions and considering the particular nature and conditions of a voyage? ( Regulation 2.7; Standard A2.7, paragraphs 1 and 2 ; see guidance in Guideline B2.7 ) Please indicate the applicable national provisions and, if possible, reproduce the relevant texts . First report: According to paragraph 21 of the MSA, a ship shall be manned with specialists who conform to the qualification requirements established with regard to crew members, who hold certificates of competency and professional certificates according to the requirements and who have been entered in the crew list. The minimum crew is the smallest number of specialists necessary for a ship to be used safely. The minimum crew of a passenger ship shall ensure the safety and evacuation of passengers in an emergency. In order for the minimum crew of a ship to be established, the operator shall submit a muster list to the Maritime Administration and organise training exercises on board the ship with the participation of supervisory officials of the Maritime Administration. Regulation no 36 of the Minister of Economic Affairs and Communications regulates requirements for determination of the minimum crew for passenger ships and for ships with a gross tonnage of 20 or more. According to paragraph 2 of the Regulation no 36, when determining the minimum crew, following requirements of international conventions and national legislation must be taken into consideration : the organization of the interrogation service; working and rest time; Safety Management Code (ISM Code); certification of seafarers; training and qualifications of seafarers; health and hygiene on board; provision of food and drinking water; ac commodation conditions on board; ensuring security. In addition, according to paragraph 5 of this Regulation, following aspects are taken into consideration when determining minimum crew: Size and type of the ship; Type, capacit , number of main engines and support machines; the degree of automation of the ship; construction and equipment of the ship; technical maintenance practice; towed cargo; the frequency of visits to ports, the length and nature of the trip; navigation area; the frequency of exercises on board; work and rest time restrictions; safety of ship. According to paragraph 7 of the Regulation no 36, there are also additional requirements for determining minimum crew. In addition to other things, the total number of crew members required in case of accumulation of shipboard work at the same period of time taking into account the number of working hours established and rest periods and catering of crew members must be taken into consideration. Second report: FORMTEXT Third report : FORMTEXT Fourth report: FORMTEXT How do the safe manning levels take into account the requirements under Regulation 3.2 and Sta ndard A3.2 concerning food and catering? (Standard A2.7, paragraph 3) Please indicate the applicable national provisions and, if possible, reproduce the relevant texts . First report: According to paragraph 2 of the Regulation no 36 of the Minister of Economic Affairs and Communications on requirements for determination of the minimum crew for passenger ships and for ships with a gross tonnage of 20 or more , when determining the minimum crew, provi sion of food and drinking water, as reglated by international standards and national legislation, must be taken into consideration. Paragraph 7 of the Regulation no 36 stipulates that , i n addition to other things, catering of crew members must be taken into consideration when determining minimum crew. Second report: FORMTEXT Third report : FORMTEXT Fourth report: FORMTEXT How are complaints or disputes about determinations on the safe manning levels on a ship investigated and settled? ( see guidance in Guideline B2.7) Please indicate the applicable national provisions and, if possible, reproduce the relevant texts . First report: FORMTEXT Second report: FORMTEXT Third report : FORMTEXT Fourth report: FORMTEXT Additional information concerning implementation of Regulation 2.7 , indicating any cases of substantial equivalence. First report: FORMTEXT Second report: FORMTEXT Third report : FORMTEXT Fourth report: FORMTEXT Documentation: For each type of ship (passenger, cargo, etc.) please provide, in English, a typical example of a safe manning document or equivalent issued by the competent authority (Standard A2.7, paragraph 1), together with information showing the type of ship concerned, its gross tonnage and the number of seafarers normally working on it . First report: Form of Safe Manning Document is available here: https://www.riigiteataja.ee/akt/12738944 Second report: FORMTEXT Third report : FORMTEXT Fourth report: FORMTEXT Regulation 2.8 – Career and skill development and opportunities for seafarers ’ employment Standard A2.8; see also Guideline B2.8  Each Member must have national policies aimed at strengthening the competencies, qualifications and employment opportunities of seafarers domiciled in its territory.  Clear objectives must be established for vocational guidance, education and training, including ongoing training of seafarers whose duties on board ship primarily relate to safe operation and navigation. According to our records, there are no seafarers domiciled in our territory FORMCHECKBOX Please check the box or provide the information below. Does your country have national policies to encourage the career and skill development and employment opportunities for seafarers that are domiciled in your country? ( Regulation 2.8, paragraph 1; Standard A2.8, paragraphs 1 and 3 ; see guidance in Guideline B2.8.1 ) Please provide relevant information: First report: The Government has adopted Estonian Marine Policy 2012–2020 as a long-term planning basis for the marine sector. The goal of the development plan is to use and maintain Estonia’s marine resources as much as possible and contribute to the development of the marine sector. For that purpose, the development of marine business should be supported, mainly accompanied by the improved safety of vessel traffic and other marine-related activities, the protection of marine and coastal environment and marine cultural heritage. One of the goals of the development plan is to bring more vessels under Estonian flag which could also mean more employment opportunities for Estonian seafarers. In addition to that, on of the priorities of the development plan is that Estonian maritime education and research and development are on modern level. It includes developing vocational and higher education, but also continuing education and hobby education in the maritime field. The development plan is available only in Estonian: https://www.valitsus.ee/sites/default/files/content-editors/arengukavad/eesti_merenduspoliitika_2012-2020.pdf Second report: FORMTEXT Third report : FORMTEXT Fourth report: FORMTEXT Does your country have a register or list of seafarers that govern their access to employment? (see guidance in Guideline B2.8.2 ) There are no registers or lists governing seafarers ’ employment FORMCHECKBOX First report: FORMTEXT Second report: FORMTEXT Third report : FORMTEXT Fourth report: FORMTEXT Additional information concerning implementation of Regulation 2.8 , including any cases of substantial equivalence. First report: FORMTEXT Second report: FORMTEXT Third report : FORMTEXT Fourth report: FORMTEXT Title 3. Accommodation, recreational facilities, food and catering Regulation 3.1 – Accommodation and recreational facilities Standard A3.1; see also Guideline B3.1  All ships must be in compliance with the minimum standards established by the MLC, 2006, providing and maintaining decent accommodation and recreational facilities for seafarers working or living on ships, or both, consistent with promoting seafarers ’ health and well-being.  Seafarer accommodation must be safe and decent and must meet national requirements implementing the MLC, 2006 (Standard A3.1, paragraph 1) .  Frequent inspections of seafarer accommodation areas must be carried out by the master or a designate (Standard A3.1, paragraph 18) and recorded; the records must be available for review.  Particular attention must be paid to the requirements relating to: – the size of rooms and other accommodation spaces ( Standard A3.1, paragraphs 9 and 10 ) ; – heating and ventilation (Standard A3.1, paragraph 7) ; – noise and vibration and other ambient factors (Standard A3.1, paragraph 6(h)) ; – sanitary and related facilities ( Standard A3.1, paragraphs 11 and 13 ) ; – lighting (Standard A3.1, paragraph 8) ; – hospital accommodation (Standard A3.1, paragraph 12).  The requirements under Regulation 3.1 also cover: – recreational facilities ( Standard A3.1, paragraphs 14 and 17 ) ; – occupational safety and health and accident prevention requirements on ships, in light of the specific needs of seafarers who both live and work on ships ( Standard A3.1, paragraphs 2(a) and 6(h) ) .  Ships that were constructed * before the entry into force of the MLC, 2006, for your country must: – provide and maintain decent accommodation and recreational facilities for seafarers working or living on board, or both, consistent with promoting the seafarers ’ health and well-being in accordance with national legislation (Regulation 3.1, paragraph 1) ; and – meet the standards set out in Conventions Nos 92 and/or 133, if applicable in your country (because of ratification, through substantial equivalence due to ratification of Convention No. 147, the Protocol of 1996 to Convention No. 147 or otherwise) (Regulation 3.1, paragraph 2) . The requirements of the Code relating to ship construction and equipment do not apply to these ships, unless applied by national law. The other Code requirements do apply. * A ship is deemed to be constructed on the date its keel is laid or when it is at a similar stage of construction. Adequate information on all matters is to be found in the enclosed DMLC, Part I FORMCHECKBOX / Part II FORMCHECKBOX Please check one or both boxes or provide the information below. Has your country adopted laws and regulations to ensure that all ships covered by the Convention which fly its flag (including those constructed prior to the Convention ’ s entry into force for your country) maintain decent accommodation and recreational facilities for seafarers on board? Yes (Regulation 3.1, paragraph 1; Standard A3.1, paragraph 1) If yes, please summarize the content of the legislative provisions concerned: First report: Requirements for accommodation on fishing vessels are set out in the Regulation of Government of the Republic No 112 concerning requirements for accommodation of crew members on board the ship (hereinafter Regulation No 112) . This regulation applies to all ships over 24 meters of length and there are no exceptions regarding when the vessel was constructed . Regulation is available online only in Estonian: https://www.riigiteataja.ee/akt/112072014174 . Second report: FORMTEXT Third report : FORMTEXT Fourth report: FORMTEXT For ships constructed prior to the Convention ’ s entry into force for your country, are the relevant requireme nts in Convention No. 92 or No. 133 (or of Convention No. 147 or its Protocol) applicable with respect to matters relating to construction and equipment? No (Regulation 3.1, paragraph 2) If no, please indicate the kinds of requirements that are considered to relate to construction and equipment and are thus not applicable to those ships: First report: There are no separate reqirements for ships constructed prior to the Convention’s entry into force in Estonia. Second report: FORMTEXT Third report : FORMTEXT Fourth report: FORMTEXT Do the laws and regulations establishing the minimum standards for seafarers ’ on-board accommodation and recreational facilities take account of the requirements in Regulation 4.3 and the Code regarding occupational safety and health and accident prevention? Yes (Standard A3.1, paragraph 2(a)) Please indicate the applicable national provisions and, if possible, reproduce the relevant texts . If no, please explain how these concerns are taken into account: First report: According to paragraph 30 of the SEA, operators shall ensure safe and healthy working environment conditions for crew members and take measures for preventing accidents in compliance with the Occupational Health and Safety Act. This principle also applies to the requirements for accommodation on board ship. Second report: FORMTEXT Third report : FORMTEXT Fourth report: FORMTEXT Are the inspections required under Regulation 5.1.4 carried out when a ship is registered or re-registered and/or when seafarer accommodation is substantially altered? Yes (Standard A3.1, paragraph 3) Please indicate the applicable national provisions and, if possible, reproduce the relevant texts . If no, please explain: First report: According to paragraph 3 of the Regulation No 112, t he compliance of crew members’ living spaces with the requirements of the Goverment Regulation No 112 is checked upon entering or re-rentring the ship to the ship register, and after substantial changes to the living and resting rooms of the crew members. Second report: FORMTEXT Third report : FORMTEXT Fourth report: FORMTEXT Please summarize the content of your country ’ s general requirements for accommodation implementing paragraph 6(a)–(f) of Stand ard A3.1 . Please indicate the applicable national provisions and, if possible, reproduce the relevant texts . First report: For crew member’s accommodation on board ship, safe and decent living space that also meet the requirements of the Government Regulation No 112 must be ensured. A crew member shall have at least the following facilities at their disposal: a cabin, a mess, a lounge, a hygiene room (hereinafter ship's living space) together with appropriate equipment and technical communications. Living spaces must be separated from passengers' rooms and fishing vessels from fish processing facilities. Cabins must be located above the waterline in the middle or at the stern of the ship. Cabins may not be directly connected to cargo and engine rooms, galleys, storage rooms, drying rooms or public hygiene facilities. The partition separating the mentioned spaces from the cabins and the external partitions must be watertight and gas-tight and built of durable steel or other suitable material. Living spaces must be located as far away as possible from powertrain, steering gear, gangway, ventilation, heating and air conditioning installations and other noise and vibration generating machinery and equipment. The crew members’ living spaced , the internal corridor and the exit path must have a clear height of at least 203 cm. Living spaces shall be heated, with adequate lighting, ventilation and water drainage from the floor. The bulkheads and ceilings of the crew housing shall be easy to clean and shall be covered with a durable, light-colored interior paint. Materials used for the construction of interior partition, paneling, floors and connecting pathways of the living spaces must be feasible and promote the maintenance of a healthy environment, enable wet cleaning and disinfection, and prevent static electricity build-up. Vessels engaged in voyages to areas with lots of mosquitos, must have exterior doors, openers and ventilation openings for living spaces with insect nets for protection from mosquitoes. Cleaning agents, cleaning machinery, cleansers and disinfectants used on board shall be kept in a separate room or ventilated cabinet. Second report: FORMTEXT Third report : FORMTEXT Fourth report: FORMTEXT Have any exceptions (other than for passenger ships and special purpose ships) been made with respect to the location of sleeping rooms? Yes ( Standard A3.1, paragraph 6(c) and (d) ) If yes, please indicate the kinds of exceptions made and reproduce the releva nt texts. First report: According to paragraph 3 of the Regulation No 112, f or passenger ships and in special cases where there is no other location available due to the size, type or intended purpose of the ship, the cabins may be located on the bow of the ship, but not above the collision bulkhead. On passenger vessels and special purpose vessels, the Maritime Administration may allow the cabins to be placed below the waterline, but not directly underneath the passageways. Second report: FORMTEXT Third report : FORMTEXT Fourth report: FORMTEXT Please summarize the content of your country ’ s measures to prevent exposure to hazardous levels of noise and vibration and other ambient factors . (Standard A3.1, paragraph 6(h)) Please indicate the applicable national provisions and, if possible, reproduce the relevant texts . First report: According to paragraph 3 of the Regulation No 112, l iving spaces must be located as far away as possible from powertrain, steering gear, gangway, ventilation, heating and air conditioning installations and other noise and vibration generating machinery and equipment. Paragraph 13 of the same regulation stipulates that t he noise level in crew rooms shall not exceed the following limits: in the cabin 60 dB; in the mess 65 dB; in the galley 75 dB. The level of vibration, infrared and ultrasound, ionizing and non-ionizing radiation in the crew living spaces shall not endanger the life and health of the crew member. s Second report: FORMTEXT Third report : FORMTEXT Fourth report: FORMTEXT Please summarize the content of your country ’ s requirements for heating and ventilation implementing paragraph 7 of Standard A3.1. Please indicate the applicable national provisions and, if possible, reproduce the relevant texts . First report: According to paragraph 11 of the Regulation No 112, t he following standards shall be observed in living spaces: air temperature of 21° C, with a tolerance of 3 ° C; relative humidity 40-60%, with a tolerance of 10%; the air velocity not more than 0,25 m/ s. The cabins and the mess rooms must have a ventilation system that provides adequate ventilation, adjusted to allow air to be with properly composition and adequate air circulation is ensured in all weather and climate conditions. The living space of a crew member shall be provided with air conditioning equipment, except for vessels regularly operating intemperate climate zone where climatic conditions do not require it. Vapor shall not be used for the transfer of heat in the accommodation area of crew members. According to paragraph 8 of the same regulation, hygiene room shall have an exhaust ventilation not connected to any other part of the living spaces. Second report: FORMTEXT Third report : FORMTEXT Fourth report: FORMTEXT Please summarize the content of your country ’ s requirements for lighting implementing paragraph 8 of Standard A3.1 . Please indicate the applicable national provisions and, if possible, reproduce the relevant texts . First report: According to pa ragraph 12 of the Regulation No 112, t he crew members’ living space shall be equipped with 24-hour electrical lighting, ensuring the minimum illumination as follows: in cabin and break room: 100 300 lx hygene room: 100 300 lx galley: 300 500 lx stairs and corridor: 100 lx The cabin and the mess room must have natural lighting, unless the cabins and the mess are located below the waterline. Headboard or on the side of each berth must have a spotlight to provide adequate reading illumination. Second report: FORMTEXT Third report : FORMTEXT Fourth report: FORMTEXT Please summarize the content of your country ’ s requirements for sleeping rooms implementing paragraph 9 of Standard A3.1 . Please indicate the applicable national provisions and, if possible, reproduce the relevant texts . First report: According to paragraph 4 of the Regulation No 112, o n board a ship, a crew member shall have at his/her disposal space in a cabin that is large enough and properly furnished to ensure satisfactory comfort and cleanliness. On a fishing vessel, there may be up to 4 crew members in one cabin. Men and women must be placed in separate cabins. If on a fishing vessel it is not possible to separate a cabin for men and women, the cabin shall be equipped with such equipment as to ensure adequate privacy. In addition to a cabin, on a ship with a capacity of 3000 or more gross tonnage master of the ship, chief mechanic and chief mate must have an office space, lounge or similar additional room next to the cabin. According to paragraph 5 of the same regulation, t he floor area of ​​a cabins shall meet at least the following requirements (not including space for seats, closests, and chests and seating areas): ship of 24-45 meters 1,5 m 2 for one crew members; ship over 45 meters 2 m 2 for one crew member. The cabin shall have a descendant or pull-out table or desk attached to the floor, necessary amout of comfortable seats, a mirror, a closet for placing personal belongings and a necessary number of clothe racks. The cabin shall have a lockable wardrobe with shelves and a locker or similar storage room for the per every crew member using the cabin. The wardrobe must have a volume of at least 475 liters and a locker or storage room a volume at least 56 liters. In the case of a wardrobe and storage space built together, its volume must be at least 500 liters. A crew member shall have a separate sleeping area (hereinafter referred to as "berth"). Berth's internal dimensions must be at least 198 × 80 centimeters. The following requirements have to be taken into consideration when placing the berths: there must be no more than two berths on top of each other. The berths should not be positioned next to each other so that the berth can be accessed only over the other berth; on top of the berth located along the ship board there must be no second berth; in the case of berths placed above each other, the lower berth must be at least 30 cm high from the floor and the bottom of the upper berth should be located half way between the bottom of the lower berth and the ceiling. The operator shall provide each crew member with bed linen, towels and detergents on board. Second report: FORMTEXT Third report : FORMTEXT Fourth report: FORMTEXT Please summarize the content of your country ’ s requirements for mess rooms implementing paragraph 10 of Standard A3.1 . Please indicate the applicable national provisions and, if possible, reproduce the relevant texts . First report: According to paragraph 6 of the Regulation No 112, t he number, size and equipment of galleys, mess room or mess rooms and ancillary premises intented for catering shall be designed taking into account the number of crew members, the duration of the journey, the navigarion area, the pre-treatment of food and the possibilities for supplementing the food stock. The layout of the rooms shall ensure continuity of the technological process of food handling and food safety. For ships of 3000 gross tonnage or more, the mess room must be separate from the cabins, possibly near the galley. The mess room must be accessible from the corridor without passing through the galleys and without leaving to the outer deck . The mess room shall be of sufficient size, properly furnished and equipped with the necessary equipment, taking into account the number of crew members using the mess room at the same time. The mess room shall be furnished with fixed or movable tables and seats, the number of which corresponds to the number of crew members using the mess at the same time. The master of the ship and senior management and the rest of the crew members, shall, if possible, be provided and furnished separate mess rooms or separated spaced in mess room. Mess room must have equipment for preparing hot drinks and the possibility of getting cold drinking water, and a publicly available refrigerator for all crew members, capacity of which corresponds to the number of people using the mess rooms. Second report: FORMTEXT Third report : FORMTEXT Fourth report: FORMTEXT Please summarize the content of your country ’ s requirements for sanitary and laundry facilities implementing paragraphs 11 and 13 of Standard A3.1 . Please indicate the applicable national provisions and, if possible, reproduce the relevant texts . First report: According to paragraph 8 of the Regulation No 112, a crew member must have a hygiene room with at least a toilet bowl, sink and bath or shower. The operator ensures the presence of soap and toilet paper. For crew members whose cabin has no hygiene room, there must be a shared hygiene room on board the ship, with at least one sink, bath or shower and a toilet bowl for every six crew members. The fishing vessel must have at least one toilet bowl for eight crew members. Shared hygiene facilities must be separate for women and men. For a ship of 3000 or more gross capacity, the shared hygiene room must be located near the navigating bridge and the engine room or the engine room central control. The hygiene room shall have an exhaust ventilation not connected to any other part of the living spaces. The joints of the floor and wall of the hygiene room are, if possible, curved to ensure better cleaning. If there are several toilet bowls in the hygiene room, they must be sufficiently separated to ensure privacy. A ship, other than a passenger ship, shall have a sink with hot and cold running drinking water in each cabin unless the sink is located in a cabin’s hygiene room. The sink and bath must be made of an easily cleanable, smooth and, if necessary, disinfectant material. The bath must not be cracked or corroded. There should be hot and cold running drinking water in the washing stations. According to paragraph 9 of the same regulation, On board, crew members shall have the option of washing and drying the laundry in a laundry toom which is appropriately situated and equipped and where there is a possibility to iron the laundry. Work and protective clothing is washed separately from crew member’s other clothing. The ship must have a room or spaces for clean and dirty laundry to be kept separate. Second report: FORMTEXT Third report : FORMTEXT Fourth report: FORMTEXT Please summarize the content of your country ’ s requirements for hospital accommodation implementing paragraph 12 of Standard A3.1. Please indicate the applicable national provisions and, if possible, reproduce the relevant texts . First report: According to paragraph 32 of the SEA, operators shall ensure the provision of medical care for crew members on board ship. The requirements for the organisation of medical care on board ship and the list of medical equipment required on board ship shall be established by a regulation of the minister of Health and Labour (no 50) (available in Estonian: https://www.riigiteataja.ee/akt/102122015008 ). Paragraph 6 of this regulation sets out the requirement for sick-bay. For a ship of more than 500 gross tonnage and with at least 15 crew members and navigating for more than 3 days, crew members must have at their disposal a sick-bay used exclusively for medical assistance and other medical purposes. The size of the sick-bay, the furnishings and the number of berths shall be projected taking into account the number of crew members, the duration of the journey and the navigation area. The sick-bay shall be located in the part of the ship where swaying, noise, vibration and the effects of non-ionizing radiation are the least. Sick-bay should be easily accessible under all weather conditions, including with a stretcher. Sick-bay must be equipped with a hygiene room with at least one toilet bowl, sink and bath or shower. Second report: FORMTEXT Third report : FORMTEXT Fourth report: FORMTEXT Please summarize the content of your country ’ s requirements for recreational facilities, amenities and services implementing paragraphs 14, 15 and 17 of Standard A3.1 . Please indicate the applicable national provisions and, if possible, reproduce the relevant texts . First report: According to 7 of the Regulation No 112, on board ship, crew members shall have at their disposal a break room, facilities and services adapted to the needs of crew members living and working on board. In the absence of a break room, resting facilities must be provided in the mess. The open deck of a vessel shall have a place of an appropriate size appropriate available for crew members during their free time, taking into account the size of the ship and the number of crew members on board. B reak room must include at least a bookcase, reading and writing equipment and the following recreation facilities must be provided for crew members free of charge: watching TV shows and listening to the radio; sports equipment, including physical fitness equipment and board games. Second report: FORMTEXT Third report : FORMTEXT Fourth report: FORMTEXT Have any exemptions for ships less than 200 GT been given? Yes ( Standard A3.1, paragraphs 20 and 21 ) If yes, please indicate the kinds of exemptions given: Please indicate the applicable national provisions and, if possible, reproduce the relevant texts . First report: Following provisions of the Regulation No 112 do not apply to ships less than 200 GT: Paragraph 5: t he floor area of ​​a cabins shall meet at least the following requirements (not including space for seats, closests, and chests and seating areas): ship of 24-45 meters 1,5 m 2 for one crew members; ship over 45 meters 2 m 2 for one crew member. Paragraph 8: A ship, other than a passenger ship, shall have a sink with hot and cold running drinking water in each cabin unless the sink is located in a cabin’s hygiene room. Paragraph 9: On board, crew members shall have the option of washing and drying the laundry in a laundry toom which is appropriately situated and equipped and where there is a possibility to iron the laundry. Work and protective clothing is washed separately from crew member’s other clothing. The ship must have a room or spaces for clean and dirty laundry to be kept separate. Second report: FORMTEXT Third report : FORMTEXT Fourth report: FORMTEXT Have any variations to take account of the interest of seafarers having differing and distinctive religious and s ocial practices been permitted? No (Standard A3.1, paragraph 19) If yes, please indicate the kinds of variations permitted : Please indicate the applicable national provisions and, if possible, reproduce the relevant texts . First report: In general, d iscrimination of persons on grounds of religion or other beliefs is prohibited according to the Equal Treatment Act. Second report: FORMTEXT Third report : FORMTEXT Fourth report: FORMTEXT What is the required frequency for on-board inspections of seafarers ’ accommodation that are to be carried out by or under the authority of the master and what are the requirements for recording a nd review of those inspections? (Standard A3.1, paragraph 18) Please indicate the applicable national provisions and, if possible, reproduce the relevant texts . First report: According to paragraph 3 of the Regulation No 112, t he cleanliness and good working conditions of living spaces are checked by the master of the ship or officer designated by the master, together with the crew member, once a week. The results of the check are fixed in a format which can be reproduced in writing and must be available for state supervision. Second report: FORMTEXT Third report : FORMTEXT Fourth report: FORMTEXT Additional information concerning implementation of Regulation 3.1 , indicating any cases of substantial equivalence. First report: FORMTEXT Second report: FORMTEXT Third report : FORMTEXT Fourth report: FORMTEXT Regulation 3.2 – Food and catering Standard A3.2; see also Guideline B3.2  Food and drinking water must be of appropriate quality, nutritional value and quantity, taking into account the requirements of the ship and the differing cultural and religious backgrounds of seafarers on the ship.  Food is to be provided free of charge to seafarers during the period of engagement.  Seafarers employed as ships ’ cooks * with responsibility for preparing food must be trained and qualified for their positions.  Seafarers working as ships ’ cooks must not be less than 18 years old.  Frequent and documented inspections of food, water and catering facilities must be carried out by the master or a designate. * “ Ship ’ s cook ” means a seafarer with responsibility for food preparation ( Regulation 3.2, paragraph 3; Standard A3.2, paragraphs 3 and 4 ) . Adequate information on all matters is to be found in the enclosed DMLC, Part I FORMCHECKBOX /Part II FORMCHECKBOX Please check one or both boxes or provide the information below. Are shipowners required to provide seafarers, free of charge, during their period of engagement, food and drinking water on board ship that is of appropriate quality, nutritional value and quantity taking into account the differing cultural and religious backgrounds of seafarers? (Regulation 3.2, paragraphs 1 and 2; Standard A3.2, paragraph 2(a)) Please indicate the applicable national provisions and, if possible, reproduce the relevant texts . First report: Requirements for food served on board fishing vessels are set out in the Regulation of Government of the Republic No 49 concerning food and catering of crew members (hereinafter Regulation No 49) . This regulation is not applied to ships under 12 meters of length and fishing vessels under 24 meters of length. Full regulation is available online only in Estonian: https://www.riigiteataja.ee/akt/129072014002 . According to paragraph 3 of the Regulation No 49, t he quantity of food and drinking water shall be sufficient given the number of crew members and the duration and nature of the trip. Proper food and drinking water is provided to the crew and regular food preparation and serving are organized taking into account the food needs of crew members. Catering shall take into account the principles of balanced nutrition, the general dietary habits of the population, the variability and, if possible, the needs arising from the religious or cultural causes of the crew member and the individual dietary habits. A crew member who is responsible for cooking a crew shall be trained in accordance with the Food Act. A ship cook whose task is cooking for a crew of 10 or more crew must have been trained accordingly and must have the certificate for ship cook. Second report: FORMTEXT Third report : FORMTEXT Fourth report: FORMTEXT Are measures in place to ensure that the organization and equipment of the catering department are such as to permit the provision to the seafarer s of adequate, varied and nutritious meals prepared and served in hygienic conditions? Yes ( Standard A3.2, paragraph 2(b) ) If yes, please indicate the nature and frequency of the instructions or guidance : Please indicate the applicable national provisions and, if possible, reproduce the relevant texts . First report: According to paragraph 3 of the Regulation No 49, the quantity of food and drinking water shall be sufficient given the number of crew members and the duration and nature of the trip. Proper food and drinking water is provided to the crew and regular food preparation and serving are organized taking into account the food needs of crew members. Catering shall take into account the principles of balanced nutrition, the general dietary habits of the population, the variability and, if possible, the needs arising from the religious or cultural causes of the crew member and the individual dietary habits. The master of the ship or an officer appointed by the master and the staff member responsible for catering, or a ship's cook, shall, at specified intervals, draw up an inventory of food and drinking water supplies and catering facilities, galleys and other equipment. Paragraph 8 of the same regulation stipulates that w hen food is served, food contamination and microbial reproduction must be avoided and the proper preservation of food must be ensured until food is given to crew members. Food beyond the expiry date may not be served to the crew. Food beyond the deadline for use is separated from the proper food and collected with food waste into tightly sealed containers of suitable design that are delivered to the port reception facilities or destroyed outside the restricted area . Second report: FORMTEXT Third report : FORMTEXT Fourth report: FORMTEXT Are ships ’ cooks required to have completed a training course approved or recognized by the competent authority? Yes ( Standard A3.2, paragraphs 2(c), 3 and 4 ) If yes, please outline the main elements of the training course: Please indicate the applicable national provisions and, if possible, reproduce the relevant texts . First report: According to paragraph 3 of the Regulation No 49 , a crew member who is responsible for cooking a crew shall be trained in accordance with the Food Act. A ship cook whose task is cooking for a crew of 10 or more crew must have been trained accordingly and must have the certificate for ship cook. The Regulation of Government of the Republic No 96 on t raining and qualification requirements for crew members and procedures for certification stipulates that ship cook’s training shall comply with the ILO Maritime Labour Convention. In order to obtain ship cook’s certificate, it is necessary to: undergo a training course for cooks; have at least three months of professional experience; at least two months of seagoing service . Second report: FORMTEXT Third report : FORMTEXT Fourth report: FORMTEXT Have dispensations been issued to permit a non-fully qualified cook to serve as ship ’ s cook pursuant to Standard A3.2, paragraph 6 ? No If yes, please indicate the frequency and the kind of cases in which dispensations were issued: Please indicate the applicable national provisions and, if possible, reproduce the relevant texts . First report: FORMTEXT Second report: FORMTEXT Third report : FORMTEXT Fourth report: FORMTEXT What is the required frequency and format for the documented on-board inspections by or under the authority of the master of:  supplies of food and drinking water;  spaces and equipment used for storage and handling of food and drinking water;  the galley and other equipment used for the preparation and service of food? (Standard A3.2, paragraph 7) Please indicate the applicable national provisions and, if possible, reproduce the relevant texts . First report: According to paragraph 3 of the Regulation No 49 , t he master of the ship or an officer appointed by the master and the staff member responsible for catering, or a ship's cook, shall, at specified intervals, draw up an inventory of food and drinking water supplies and catering facilities, galleys and other equipment. Second report: FORMTEXT Third report : FORMTEXT Fourth report: FORMTEXT Are ships ’ cooks required to be aged at least 18 ? ( Standard A3.2, paragraph 8) Please indicate the applicable national provisions and, if possible, reproduce the relevant texts . First report: The Regulation of Government of the Republic No 96 on training and qualification requirements for crew members and procedures for certification stipulates that ship cook’s certificate is given only to person at least 18 years of age. Second report: FORMTEXT Third report : FORMTEXT Fourth report: FORMTEXT Additional information concerning implementation of Regulation 3.2 , including any cases of substantial equivalence. First report: FORMTEXT Second report: FORMTEXT Third report : FORMTEXT Fourth report: FORMTEXT Title 4. Health protection, medical care, welfare and social security protection Regulation 4.1 – Medical care on board ship and ashore Standard A4.1; see also Guideline B4.1  Seafarers must be covered by adequate measures for the protection of their health and have access to prompt and adequate medical care, including essential dental care, whilst working on board.  The medical care on board must include a qualified medical doctor (or, in permitted cases, at least one seafarer in charge), a medicine chest, medical equipment and a medical guide as well as a prearranged system for obtaining onshore specialist medical advice.  Health protection and care are to be provided at no cost to the seafarer, in accordance with national law and practice.  Seafarers must be allowed to visit a qualified medical doctor or dentist without delay in ports of call, where practicable. MEDICAL CARE ON BOARD Adequate information on all matters is to be found in the enclosed DMLC, Part I FORMCHECKBOX / Part II FORMCHECKBOX seafarers ’ employment agreement FORMCHECKBOX / collective agreement provisions FORMCHECKBOX Please check one or more boxes or provide the information below. Are measu res in place to ensure that sea farers on ships flying your country ’ s flag have health protection including access to prompt on-board medical diagnosis and treatment by qualified medical and/or dental personnel, and access to the necessary facilities, medicines, equipment and expertise, that is comparable to care available for workers ashore? Yes ( Regulation 4.1, paragraph 1; Standard A4.1, paragraphs 1(a) and (b), 3 and 4(a)–(c) ) If yes, please summarize the content of the relevant requirements: Please indicate the applicable national provisions and, if possible, reproduce the relevant texts . First report: According to paragraph 5 of the Health Insurance Act, every crew member working under a seafarer’s employment contract and who is permanent resident of Estonia or residing in Estonia on the basis of a temporary residence permit or the right of residence or a person legally staying and working in Estonia based on a temporary ground for stay for whom a payer of social tax (in this case the operator) must pay social tax is an insured person. Occupational health and safety rules are applied to working on a ship in full extent, with special conditions for ships also applying (deriving from Seafarer Employment Act, Maritime Safety Act, Merchant Shipping Code and different regulations). Under the Health Service Organisation Act, same principles regarding health protection and medical help apply to seafarers as apply to shore workers. Medical care for crew member on board ship and on shore is regulated by the SEA. According to paragraph 32 of the SEA, o perators shall ensure the provision of medical care for crew members on board ship. The requirements for the organisation of medical care on board ship and the list of medical equipment required on board ship is established by a regulation of the minister responsible for the field. Operators shall ensure the possibility for a medical long distance consultation on board ship in Estonian and English 24 hours a day. For the provision of medical long distance consultation services free of charge, the Estonian Health Insurance Fund shall enter into a contract under public law with a health care provider under the conditions and pursuant to the procedure provided by the Administrative Co-operation Act. The provision of the services shall be funded through the budget of the Estonian Health Insurance Fund. According to paragraph 33 of the SEA, o perators or masters of ships shall arrange the provision of medical care on board ship for a crew member who has taken ill or become injured during a voyage. If a crew member’s illness or injury does not allow for the crew member to be treated on board ship or if the crew member’s illness jeopardises the health or life of the crew member or other persons on board the ship or if it is not possible to take any measures for avoiding the spread of the illness, the master of the ship shall send the crew member to a health care provider for treatment. If an ill or injured crew member is left behind in a foreign state for treatment, the master of the ship shall arrange the treatment of the crew member at a health care provider and shall notify the operator thereof. The obligation of the operator and the master of the ship to arrange for the treatment of a crew member in a foreign state ends when the operator has arranged for the crew member’s repatriation or if the crew member has discontinued his or her treatment without a reason. Second report: FORMTEXT Third report : FORMTEXT Fourth report: FORMTEXT Are measu res in place to ensure that seafarer s are permitted by the shipowner/master to visit a qualified medical doctor or dentist without delay in ports of call , where practicable ? (Standard A4.1, paragraph 1(c)) Yes If yes, in what kinds of cases may such a visit be refused? Please indicate the applicable national provisions and, if possible, reproduce the relevant texts . First report: According to paragraph 33 of the SEA, operators or masters of ships shall arrange the provision of medical care on board ship for a crew member who has taken ill or become injured during a voyage. If a crew member’s illness or injury does not allow for the crew member to be treated on board ship or if the crew member’s illness jeopardises the health or life of the crew member or other persons on board the ship or if it is not possible to take any measures for avoiding the spread of the illness, the master of the ship shall send the crew member to a health care provider for treatment. Second report: FORMTEXT Third report : FORMTEXT Fourth report: FORMTEXT When are ships flying your country ’ s flag required to carry on board a qualified medical doctor who is responsible for providing medical care to seafarers? (Standard A4.1, paragraph 4(b)) Please indicate the applicable national provisions and, if possible, reproduce the relevant texts . First report: The requirements for the organisation of medical care on board ship and the list of medical equipment required on board ship is esta blished by a regulation of the M inister of Health and Labour No 50 (available in Estonian: https://www.riigiteataja.ee/akt/102122015008 ). According to paragraph 3 of the regulation no 50, there must be a crew member (or members) on board who has received training for providing first aid and medical assistance. On board a ship carrying 100 or more crew members on board and navigating for more than three days must: emergency medical doctor or anesthetist or a doctor who has undergone emergency medical care training at the level required by the emergency medical officer of the medical unit. Abovementioned persons must be registered with the Health Board's Health Care Register and they are responsible for the provision of medical assistance on board a ship. Second report: FORMTEXT Third report : FORMTEXT Fourth report: FORMTEXT Are medical and dental treatment, required medicine and related care on board provided to seafarers free of charge? Yes (Regulation 4.1, paragraph 2; Standard A4.1, paragraph 1(d)) Please indicate the applicable national provisions and, if possible, reproduce the relevant texts . If no, please indicate the extent to which seafarers may have to cover the cost: First report: Generally, a ccording to pargraph 5 of the Health Services Organisation Act, emergency care provided to persons covered by health insurance shall be paid for from the funds designated for health insurance in the state budget. Emergency care provided to a person not covered by health insurance shall be paid for out of the funds prescribed for such purpose in the state budget, on the basis of a contract entered into between the Ministry of Social Affairs and the Estonian Health Insurance Fund and pursuant to the Health Insurance Act. SEA provides special requirements for operators. According to SEA paragraph 34, o perators shall bear the costs related to the provision of medical care for an ill or injured crew member on board ship or at a health care provider, including the costs of food, catering and accommodation. Operators shall bear the costs related to the provision of medical care as of the day the crew member took ill or became injured, but at most 16 weeks as of the day the crew member took ill or became injured. Operators are not required to compensate for the costs if the medical costs of the crew member are borne by a third party on the bases of and pursuant to the procedure provided by legislation or a contract. Second report: FORMTEXT Third report : FORMTEXT Fourth report: FORMTEXT Must shipowners bear the cost of medical care provided to seafarers when landed in a foreign port? (Regulation 4.1, paragraph 2; Standard A4.1, paragraph 1(d)) Yes Please indicate the applicable national provisions and, if possible, reproduce the relevant texts . If no, please indicate the extent to which seafarers may have to cover the cost: First report: According to paragraph 33 of the SEA, i f an ill or injured crew member is left behind in a foreign state for treatment, the master of the ship shall arrange the treatment of the crew member at a health care provider and shall notify the operator thereof. According to SEA paragraph 34, operators shall bear the costs related to the provision of medical care for an ill or injured crew member on board ship or at a health care provider, including the costs of food, catering and accommodation. Second report: FORMTEXT Third report : FORMTEXT Fourth report: FORMTEXT Are ships ’ medicine chests, medical equipment and medical guides inspected at regular intervals, to ensure that they are properly maintained? Yes ( Standard A4.1, paragraph 4(a); see guidance in Guideline B4.1.1, paragraph 4 ) If yes, please indicate the content of such inspections, as well as who carries them out and at what intervals. Please indicate the applicable national provisions and, if possible, reproduce the relevant texts . First report: According to paragraph 10 of the Regulation of the Minister of Health and Labour No 50 on requirements for the organisation of medical care on board ship and the list of medical equipment required on board ship , prior to the commencement of a journey, the medical doctor or medical aid provider checks the medical equipment's compliance with the requirements and, if necessary, submits to the master of ship an application for renewal or supplementation of the medical equipment. Paragraph 11 of the same regulation provides that the compliance of medical equipment with the requirements of this regulation shall be checked by the Maritime Administration at least once a year. Exceptionally, annual control may be postponed for up to five months. The survival craft’s medical equipment is checked during their annual maintenance. The inspection shall determine: is medical equipment available for this category of vessel in the required quantity; whether the shelf life of the medical equipment has been adhered to; whether the medical equipment is properly labeled; whether the medical equipment is properly kept and maintained. The result of the inspection shall be formalized. Second report: FORMTEXT Third report : FORMTEXT Fourth report: FORMTEXT Are ships required to carry appropriate equipment and maintain up-to-date contact information for radio or satellite communication to obtain onshore medical advice while on a voyage? ( Standard A4.1, paragraphs 1(b) and 4(d); see guidance in Guideline B4.1.1, paragraph 6 ) Please indicate the applicable national provisions and, if possible, reproduce the relevant texts . First report: Accord ing to paragraph 32 of the SEA, o perators shall ensure the possibility for a medical long distance consultation on board ship in Estonian and English 24 hours a day. For the provision of medical long distance consultation services free of charge, the Estonian Health Insurance Fund shall enter into a contract under public law with a health care provider under the conditions and pursuant to the procedure provided by the Administrative Co-operation Act. The provision of the services shall be funded through the budget of the Estonian Health Insurance Fund. Second report: FORMTEXT Third report : FORMTEXT Fourth report: FORMTEXT MEDICAL CARE ASHORE Are seafarers on board ships voyaging in your country ’ s waters or visiting its ports given access to medical facilities on shore when in need of immediate medical or dental care? ( Regulation 4.1, paragraph 3; see guidance in Guideline B4.1.3 ) Please indicate the applicable national provisions and, if possible, reproduce the relevant texts . Our country is landlocked FORMCHECKBOX First report: Yes, everyone in need of medical care have an access to medical facilities in Estonia. In case of seafarers, according to paragraph 33 of the SEA, operators or masters of ships shall arrange the provision of medical care on board ship for a crew member who has taken ill or become injured during a voyage. If a crew member’s illness or injury does not allow for the crew member to be treated on board ship or if the crew member’s illness jeopardises the health or life of the crew member or other persons on board the ship or if it is not possible to take any measures for avoiding the spread of the illness, the master of the ship shall send the crew member to a health care provider for treatment. Second report: FORMTEXT Third report : FORMTEXT Fourth report: FORMTEXT Is there a law or regulation to provide for a system using satellite or radio or similar forms of communication, to provide medical advice, free of charge, 24 hours a day to all ships? Yes (Standard A4.1, paragraph 4(d)) Please indicate the applicable national provisions and, if possible, reproduce the relevant texts . Our country is landlocked FORMCHECKBOX If no, please explain whether any level of service is provided and, where applicable, identify any barriers to providing such services: First report: According to paragraph 32 of the SEA, f or the provision of medical long distance consultation services free of charge, the Estonian Health Insurance Fund shall enter into a contract under public law with a health care provider under the conditions and pursuant to the procedure provided by the Administrative Co-operation Act. The provision of the services shall be funded through the budget of the Estonian Health Insurance Fund. Therefore, medical advice via radio/satellite is organised by the state and currently North Estonian Medical Centre provides those consultations. Second report: FORMTEXT Third report : FORMTEXT Fourth report: FORMTEXT Additional information concerning implementation of Regulation 4.1 , indicating any cases of substantial equivalence. First report: FORMTEXT Second report: FORMTEXT Third report : FORMTEXT Fourth report: FORMTEXT Documentation: Please provide:  an example of the standard medical report form for seafarers ( Standard A4.1, paragraph 2; see guidance in Guideline B4.1.2, paragraph 1 );  a copy of the requirements for the medicine chest and medical equipment and for the medical guide ( Standard A4.1, paragraph 4(a); see guidance in Guideline B4.1.1, paragraphs 4 and 5 ) . First report: Medical report form is available here: https://www.riigiteataja.ee/aktilisa/1021/2201/5008/SOM_m50_lisa1.pdf# The requirements for the organisation of medical care on board ship and the list of medical equipment required on board ship shall be established by a regulation of the minister of Health and Labour (no 50) (available in Estonian: https://www.riigiteataja.ee/akt/102122015008 ). For the purposes of this regulation, ships are divided into three categories: Category A – ships whose area of navigation is not restricted; Category B – ships that do not navigate farther more than 150 nautical miles from the nearest port where healthcare can be obtained; Category C – ships and inland water vessels navigating inland waterways. According to paragraph 8 of the regulation no 50, ship must have medical equipment prescribed for its category as specified in Annexes 2 and 3 (specific lists of medicines and medical equipment) to this Regulation. If there are more than 10 crew members, the quantity of medical equipment and medicines referred to in Annexes 2 and 3 must be increased proportionally by rounding the quantity to the nearest integer. List of medicines in Estonian: https://www.riigiteataja.ee/aktilisa/1021/2201/5008/m%C3%A4%C3%A4rus50lisa2.pdf# List on medical equipment in Estonian: https://www.riigiteataja.ee/aktilisa/1021/2201/5008/m%C3%A4%C3%A4rus50lisa3.pdf# Vessels in Categories A and B must have a defibrillator. The defibrillator must be available for a maximum of 5 minutes from the start of the sudden death. The medical equipment of a ship carrying dangerous goods as defined in the International Maritime Organization (IMO) Code for the Transport of Harmful Substances must contain countermeasures which are used in the event of an accident to prevent or treat the harmful effects of the substance. The medical equipment on board must have a complete list of them and instructions for the use of medical devices. The indication and the instructions for use of the medicinal product must be included in the package leaflet. Life rafts or lifeboat medical equipment shall comply with the requirements of the International Convention for the Safety of Life at Sea (SOLAS). Paragraph 9 of the regulation stipulates that medical equipment must be stored in a sick-bay on board a ship in which sick-bay is required in accordance with this Regulation. Medicines are stored in original packaging. Each package must be legibly marked. Expiry date of the medicinal product is to be indicated on the packaging. If the package leaflet of the medicinal product does not mention any special conditions, the product is stored at room temperature. Light-sensitive medicinal products should be kept in a sealed, non-inflammable container, in a closed cabinet or in a dark room. If necessary, use a light non-permeable additional package. Easily volatile and moisture-sensitive medicines must be kept cool and tightly closed. Hygroscopic drugs should be kept in a hermetically sealed glass or plastic container, if necessary, covered with a paraffin. Disinfectants must be kept hermetically sealed, kept cool and protected from light, with separate medicines. On a ship for which sick-bay is required pursuant to this Regulation, a refrigerator must be located in the sick-bay. The medical equipment of the survival craft of lifeboats and life rafts shall be kept in watertight packing in life-saving boats and life-rafts. Second report: FORMTEXT Third report : FORMTEXT Fourth report: FORMTEXT Regulation 4.2 – Shipowners ’ liability Standard s A4.2 .1 and A4.2.2 ; see also Guideline s B4.2 .1 and B4.2.2 The provisions of the Code for Regulation 4.2 ( Standard A4.2 and Guideline B4.2 ) were amended in 2014.  Seafarers have a right to material assistance and support from the shipowner with respect to the financial consequences of sickness, injury or death occurring while they are serving under a SEA or arising from their employment under such agreement.  Shipowners are liable to defray the expense of medical care, including medical treatment and the supply of the necessary medicines and therapeutic appliances, and board and lodging away from home until the sick or injured seafarer has recovered, or until the sickness or in-capacity has been declared of a permanent character.  S hipowners or their representatives must take m easures for safeguard ing the property left on board by sick, injured or deceased seafarers.  Shipowners are to provide financial security (in the form of a social security scheme or insurance or fund or other similar arrangements) to assure compensation in the event of the death or long-term disability of seafarers due to an occupational injury, illness or hazard, as set out in national law, the SEA or collective agreement.  Th e system of financial security must meet the following requirements: – the contractual compensation must be paid in full and without delay; – there shall be no pressure to accept a payment less than the contractual amount; – when time is needed to assess the full compensation, interim payments must be made to the seafarer to avoid undue hardship; – the seafarer must receive payment without prejudice to other legal rights (but such payment may be offset by the shipowner against any damages resulting from any other claim made by the seafarer against the shipowner and arising from the same incident); and – the claim for contractual compensation may be brought directly by the seafarer concerned, their next of kin, or a representative of the seafarer or designated beneficiary.  Effective arrangements must be in place to receive, deal with and impartially settle contractual claims through expeditious and fair procedures.  Ships shall carry on board – and post in a conspicuous place – a certificate or other documentary evidence of financial security issued by the financial security provider. Adequate information on all matters is to be found in the enclosed seafarers ’ employment agreement FORMCHECKBOX / collective agreement provisions FORMCHECKBOX / DMLC, Part I FORMCHECKBOX /Part II FORMCHECKBOX Please check one or more boxes or provide the information below. Has your country adopted legal provisions requiring shipowners to provide seafarers with material assistance and support with respect to the financial consequences, including burial expenses, of sickness, injury or death occurring while serving under seafarers ’ employment agreements or arising from their employment under such agreements? ( Regulation 4.2, paragraph 1; Standard A4.2 .1 , paragraphs 1 and 3 ) Please indicate the applicable national provisions and, if possible, reproduce the relevant texts . First report: According to paragraph 34 of the SEA, o perators shall bear the costs related to the provision of medical care for an ill or injured crew member on board ship or at a health care provider, including the costs of food, catering and accommodation. Operators shall bear the costs related to the provision of medical care as of the day the crew member took ill or became injured, but at most 16 weeks as of the day the crew member took ill or became injured. Operators are not required to compensate for the costs if the medical costs of the crew member are borne by a third party on the bases of and pursuant to the procedure provided by legislation or a contract. Operators shall pay to an ill or injured crew member: 1) the wages agreed upon in the seafarer’s employment contract while the crew member is on board ship until the crew member reaches a destination of repatriation , but at most 16 weeks as of the day the crew member took ill or became injured; 2) 70 per cent of the average wages as of the time the crew member reaches a destination of repatriation or reaches a health care provider for treatment, but at most 16 weeks as of the day the crew member took ill or became injured. Operators’ obligation to pay wages to an ill or injured crew member ends when the crew member becomes entitled to a benefit for the time of incapacity for work on the bases of and pursuant to the procedure provided for in legislation. Operators shall guarantee the preservation of any property of a crew member who has taken ill or become injured during a voyage if the crew member is not able to care for his or her property due to his or her illness or injury. According to paragraph 35 of the SEA, o perators shall bear the costs of the return voyage to the ship of a crew member who was sent to a health care provider for treatment due to an illness or injury, including the costs of food, catering and accommodation during the return voyage. Operators shall also arrange for a crew member’s repatriation if the crew member left behind in a foreign state for treatment due to an illness or injury is not able to return to the ship after the end of the treatment. Paragraph 37 of the SEA stipulates that, o perators as employers are liable for any physical harm caused to a crew member due to an occupational accident or an occupational disease on the basis of and pursuant to the procedure provided by law. General Principles for c ompensa tion for health d amage is establishes ed in Chapter 7 "Compensation for Damage" of the Law of Obligations Act . In addition, under the Merchant Shipping Act , the shipowner is required to have liability insurance. Liability insurance is required for a vessel with a gross tonnage of 300 or more. Liability insurance covers, among other things, maritime claims for causing death, injury or damage to health on board a ship or in connection with a ship's operation or rescue operation and claims resulting therefro m as a result of further damage. According to p aragraph 3 9 of the SEA, t he costs of transporting the body of a crew member to the territory of the Republic of Estonia or to an agreed location shall be borne by the operator. If the crew member died of an illness or injury caused by work or if the body is not transported to the territory of the Republic of Estonia or to an agreed location, the operator shall bear the costs related to the burial of the crew member or the cremation of the body and the transport of the body or the ashes. Second report: FORMTEXT Third report : FORMTEXT Fourth report: FORMTEXT Do your national laws or regulations limit the period during which a shipowner will continue to be liable to cover medical and other expenses incurred due to the seafarers ’ injury or sickness and to pay wages to the seafarers when no longer on board? Yes ( Standard A4.2 .1 , paragraphs 2 and 4 ) If yes, please specify the number of weeks, from the day of the injury or the commencement of the sickness, during which the shipowner remains liable. Please indicate the applicable national provisions and, if possible, reproduce the relevant texts . First report: According to paragraph 34 of the SEA, o perators shall bear the costs related to the provision of medical care as of the day the crew member took ill or became injured, but at most 16 weeks as of the day the crew member took ill or became injured. Second report: FORMTEXT Third report : FORMTEXT Fourth report: FORMTEXT Do your national laws or regulations exclude the shipowners ’ liability in certain cases? Yes (Standard A4.2 .1 , paragraph 5) If yes, please indicate those cases: Please indicate the applicable national provisions and, if possible, reproduce the relevant texts . First report: According to paragraph 36 of the SEA, operators may demand that a crew member compensate for the costs provided for in §§ 33 through 35 of this Act if: the crew member took ill or became injured as a result of the crew member’s intent or gross negligence; the crew member intentionally concealed his state of health; or the injury did not occur during service on board ship. Second report: FORMTEXT Third report : FORMTEXT Fourth report: FORMTEXT What kinds of financial security are shipowners required to provide in order to assure compensation in the event of death or long-term disability of seafarers due to an occupational injury, illness or hazard ? Please specify the form taken by the system of financial security and if it was determined after consultation with the shipowners ’ and sea farers ’ organizations concerned . ( Standard A4.2.1, paragraph 1(b) and 8 ; Standard A4.2.2, paragraph 2 ) Please indicate the applicable national provisions and, if possible, reproduce the relevant texts . First report: Paragraph 37 of the SEA stipulates that, operators as employers are liable for any physical harm caused to a crew member due to an occupational accident or an occupational disease on the basis of and pursuant to the procedure provided by law. General principles for compensation for health damage is establishesed in Chapter 7 "Compensation for Damage" of the Law of Obligations Act. In addition, under the Merchant Shipping Act, the shipowner is required to have liability insurance. Liability insurance is required for a vessel with a gross tonnage of 300 or more. Liability insurance covers, among other things, maritime claims for causing death, injury or damage to health on board a ship or in connection with a ship's operation or rescue operation and claims resulting therefrom as a result of further damage. Second report: FORMTEXT Third report : FORMTEXT Fourth report: FORMTEXT Please indicate how national laws and regulations ensure that the system of financial security meets the following minimum requirements: ( a) payment of compensation in full and without delay: ( b) no pressure to accept payment less than the contractual amount; ( c) interim payments (while situation is being assessed) to avoid undue hardship; ( d) offsetting payment against any damages resulting from any other claim made by the seafarer against the shipowner and arising from the same incident; ( e) persons who can bring the claim for contractual compensation (seafarer, her/his next of kin, representative or designated beneficiary). (Standard A4.2. 1 , paragraph 8 ) Please indicate the applicable national provisions and, if possible, reproduce the relevant texts . First report: No such requirements as Estonia has not ratified these amendments to the Code of MLC. Second report: FORMTEXT Third report : FORMTEXT Fourth report: FORMTEXT Does national legislation provide that ships must carry on board a certificate or other documentary evidence of financial security issued by the financial security provider? Yes If yes, please specify if the certificate or other documentary evidence has to contain the information required in Appendix A4-I, be in English or accompanied by an English translation, and if a copy must be posted in a conspicuous place on board. ( Standard A4.2 .1 , paragraph s 11 and 14 ) Please indicate the applicable national provisions and, if possible, reproduce the relevant texts . First report: According to paragraph 77 3 of the Merchant Shipping Act, the existence of a liability insurance contract shall be evidenced by an insurance policy carried on board the ship. A policy of liability insurance shall include the following information: 1) name of the ship, her IMO number and the port of registry; 2) name and principal place of business of the shipowner; 3) type and duration of liability insurance; 4) name and principal place of business of the insurance undertaking. The insurance policy of a ship flying the national flag of Estonia shall be either in English or in Estonian and English. Second report: FORMTEXT Third report : FORMTEXT Fourth report: FORMTEXT Does national legislation provide: ( a) for at least 30 days of notice by the financial security provider to the competent authority of the flag State before the financial security can cease; ( b) that the competent authority is notified by the financial security provider if a shipowner ’ s financial security is cancelled or terminated; ( c) that seafarers receive prior notification if a shipowner ’ s financial security is to be cancelled or terminated? ( Standard A4.2.1, paragraphs 9, 10 and 12 ) Please indicate the applicable national provisions and, if possible, reproduce the relevant texts . First report: No such requirements as Estonia has not ratified these amendments to the Code of MLC. Second report: FORMTEXT Third report : FORMTEXT Fourth report: FORMTEXT How does national legislation ensure that effective arrangements are in place to receive, deal with and impartially settle contractual claims relating to compensation in the event of the death or long-term disability of seafarers due to an occupational injury, illness or hazard , through expeditious and fair procedures? (Standard A4.2.2, paragraph 3 ) Please indicate the applicable national provisions and, if possible, reproduce the relevant texts . First report: Contractual claims are settled by the agreement of parties or in court. Second report: FORMTEXT Third report : FORMTEXT Fourth report: FORMTEXT Are there circumstances in which the shipowners ’ liability for the expense of medical care and board and lodging and burial expenses are assumed by the public authorities? No ( Standard A4.2 .1 , paragraph 6 ; see guidance in Guideline B4.2 .1 , paragraphs 2 and 3 ) If yes, please indicate the circumstances: Please indicate the applicable national provisions and, if possible, reproduce the relevant texts . First report: There is no circumstances in which those expenses are assumed by the public authorities but according to paragraph 34 of the SEA, o perators are not required to compensate for the costs if the medical costs of the crew member are borne by a third party on the bases of and pursuant to the procedure provided by legislation or a contract. Second report: FORMTEXT Third report : FORMTEXT Fourth report: FORMTEXT Are shipowners or their representatives required to safeguard the personal property of sick or injured or deceased seafarers and/or to return it to them or their next of kin? (Standard A4.2 .1 , paragraph 7) Please indicate the applicable national provisions and, if possible, reproduce the relevant texts . First report: According to paragraph 34 of the SEA, o perators shall guarantee the preservation of any property of a crew member who has taken ill or become injured during a voyage if the crew member is not able to care for his or her property due to his or her illness or injury. Paragraph 38 of the SEA stipulates that t he storage of the property of the deceased crew member shall be arranged by and the liability for the preservation of the property lies with the master of the ship. Second report: FORMTEXT Third report : FORMTEXT Fourth report: FORMTEXT Additional information concerning implementation of Regulation 4.2 , including any cases of substantial equivalence. First report: FORMTEXT Second report: FORMTEXT Third report : FORMTEXT Fourth report: FORMTEXT Documentation: Please provide an example of the kind of documentation that is accepted or issued with respect to the financial security that must be provided by shipowners (Standard A 4.2.1 , paragraph 1(b)) . Where this material is not available in English, French or Spanish, please provide a summary in one of these languages. First report: FORMTEXT Second report: FORMTEXT Third report : FORMTEXT Fourth report: FORMTEXT Regulation 4.3 – Health and safety protection and accident prevention Standard A4.3; see also Guideline B4.3  The working, living and training environment on ships must be safe and hygienic and conform to national laws and regulations and other measures for occupational safety and health protection and accident prevention on board ship. Reasonable precautions are to be taken on the ships to prevent occupational accidents, injuries and diseases including risk of exposure to harmful levels of ambient factors and chemicals as well as the risk of injury or disease that may result from the use of equipment and machinery on the ship.  Ships must have an occupational safety and health policy and programme to prevent occupational accident injuries and diseases, with a particular concern for the safety and health of seafarers under the age of 18.  A ship safety committee, which includes participation by the seafarer safety representative, is required (for ships with five or more seafarers).  Risk evaluation is required for on-board occupational safety and health management (taking into account relevant statistical data). Adequate information on all matters is to be found in the enclosed DMLC, Part I FORMCHECKBOX / Part II FORMCHECKBOX Please check one or both boxes or provide the information below. Has your country adopted national laws and regulations and taken other measures, including the development and promulgation of national guidelines for the management of occupational safety and health, to protect seafarers that live, work and train on board ships flying its flag? (Regulation 4.3, paragraphs 1–3) Please indicate the applicable national provisions and, if possible, reproduce the relevant texts . First report: In Estonia, t he general principles related to the development of occupational safety and health are integrated in the National Health Plan 2009-2020 , as well as some related development issues are dealt with in the national development plan "Estonian Maritime Policy 2012 - 2020". The general principles of health and safety at work (including on board ships), which include the prevention of occupational accidents and occupational diseases, are provided by the Occupational Health and Safety Act (OHSA). According to paragraph 30 of the SEA, operators shall ensure safe and healthy working environment conditions for crew members and take measures for preventing accidents in compliance with the OHSA. Operators shall arrange for the crew members’ occupational health and safety training before they commence work on board ship. Occupational health and safety related instructions on board ship shall be provided by the master of the ship. According to paragraph 24 of the MSA, c rew members shall have undergone safety familiarization training and basic safety training before being assigned to a ship. The master shall ensure that the crew members have become familiar with the ship and have the necessary knowledge concerning the construction of the ship, safety requirements and their duties in an emergency. Paragraph 17 of the OHSA gives regulation on working environment representative. According to paragraph 18 of the OHSA, in an enterprise with at least 50 employees, a working environment council shall be set up at the initiative of the employer and it shall comprise an equal number of representatives designated by the employer and representatives elected by the employees. Paragraph 24 of the OHSA regulates investigation and registration of occupational accident s and occupational disease s. Second report: FORMTEXT Third report : FORMTEXT Fourth report: FORMTEXT Do those laws and regulations and other measures address all matte rs in Standard A4.3, paragraphs 1 and 2, including any measures taken to protect seafarers under the age of 18? Yes ( Standard A4.3 , paragraphs 1 and 2 ; see guidance in Guideline B4.3 ) Please indicate the applicable national provisions and, if possible, reproduce the relevant texts . If no, please indicate the matters that are not addressed: First report: In Estonia, t he general principles related to the development of occupational safety and health are integrated in the National Health Plan 2009-2020 (available in English: http://www.sm.ee/sites/default/files/content-editors/eesmargid_ja_tegevused/Tervis/Aruanded/rta_2009-2020_2012_eng.pdf ) . Som e priorities in the field of occupational health and safety are as follows : increasing the awareness of various target groups of the health risks from the living, working and learning environment and measures for management thereof; enhancement of the system of evaluation, management and information of health risks from the living, working and learning environment; enhancement of supervision in the living, working and learning environment; improvement of the organization of occupational health and significant improvement of the quality of occupational health services and ensuring the availability thereof for all employees. S ome related development issues are dealt with in the national development plan "Estonian Maritime Policy 2012 - 2020". The general principles of health and safety at work (including on board ships), which include the prevention of occupational accidents and occupational diseases, are provided by the Occupational Health and Safety Act (OHSA). According to paragraph 30 of the SEA, operators shall ensure safe and healthy working environment conditions for crew members and take measures for preventing accidents in compliance with the OHSA. Operators shall arrange for the crew members’ occupational health and safety training before they commence work on board ship. Occupational health and safety related instructions on board ship shall be provided by the master of the ship. According to paragraph 24 of the MSA, c rew members shall have undergone safety familiarization training and basic safety training before being assigned to a ship. The master shall ensure that the crew members have become familiar with the ship and have the necessary knowledge concerning the construction of the ship, safety requirements and their duties in an emergency. Paragraph 17 of the OHSA gives regulation on working environment representative. According to this paragraph, working environment representative is a representative elected by employees in occupational health and safety issues, and his or her term of authority is up to four years. In an enterprise which employs 10 employees or more, the employees shall elect one working environment representative from among themselves. If an enterprise employs less than 10 employees, the employer is required to consult with the employees in matters of occupational health and safety. In an enterprise which comprises several structural units on separate territories or in which work is done in shifts and in which more than ten employees work at a structural unit or in a shift at the same time, the employees shall elect one working environment representative for every structural unit or shift. The obligations of a working environment representative are to: monitor that occupational health and safety measures are implemented at the workplace and that the employees are provided with personal protective equipment which is in working order; participate in the investigation of an occupational accident or disease in his or her area of work; notify the employees and the employer or the employer’s representative promptly of a dangerous situation or deficiencies discovered in the working environment, and demand that the employer eliminate the deficiencies within the shortest period of time possible; be familiar with the instructions and legislation mandatory for employees; monitor that the employees receive necessary knowledge, instructions and training in the field of occupational health and safety. A working environment representative has the right to: demand that the employer implement prescribed occupational health and safety measures and provide the employees with personal protective equipment which is in working order, and make proposals to remove the source of danger and improve the working environment; access all workplaces in the enterprise necessary for the performance of his or her duties and receive from the employer information concerning the information and documents necessary for the performance of his or her duties and information concerning precepts addressed by a labour inspector to the employer; contact a labour inspector of the location of the enterprise or submit his or her observations to the labour inspector during inspection visits by the inspector; temporarily stop work in a dangerous stage of work or prohibit the use of dangerous work equipment if there is a direct risk of harm to the life or health of an employee and if it is not possible to eliminate the risk in any other manner. He or she shall promptly notify the employer or the employer’s representative of the hazard. Work shall not be resumed until the hazard has been eliminated. Employer shall organise, at the employer’s expense, training or in-service training for a working environment representative that is necessary for the performance of his or her obligations and shall allow the representative to perform his or her obligations during the working time of the representative’s principal job. During this period, the working environment representative shall continue to receive his or her average wages and have the guarantees prescribed in the Employment Contracts Act or the Public Service Act, a collective agreement or the employment contract. The period for performance of working environment represenative’s duties depends on the size of and the working conditions in the enterprise and on other circumstances but shall not be less than two hours per week. According to paragraph 18 of the OHSA, in an enterprise with at least 50 employees, a working environment council shall be set up at the initiative of the employer and it shall comprise an equal number of representatives designated by the employer and representatives elected by the employees. A working environment council is a body for co-operation between an employer and the employees’ representatives which resolves occupational health and safety issues in the enterprise. The council shall comprise at least four members and the term of their authority shall be up to four years. The Labour Inspectorate has the right to demand that a working environment council be set up also in an enterprise with less than 50 employees depending on the hazards present and the number of occupational accidents and cases of occupational disease in the enterprise. The names and term of authority of the working environment council members shall be displayed in a visible place. Working environment council shall: regularly analyse the working conditions in the enterprise, document developing problems, make proposals to the employer for the resolution thereof and monitor the implementation of adopted resolutions; participate in the preparation of an occupational health and safety development plan of the enterprise, and in the preparation of plans for the reconstruction or repair of the enterprise and for technological innovations in the enterprise, and of other plans; examine the results of internal control of the working environment in the enterprise and, if necessary, make proposals for the elimination of deficiencies; analyse occupational accidents, occupational diseases and other work-related illnesses, and monitor the implementation of measures for the prevention thereof by the employer; assist in the creation of suitable working conditions and work organisation for female employees, minors and disabled employees. Working environment council communicates its proposals to the employer in writing. If an employer does not consider it possible to take such proposals into account, the employer shall respond to the council in writing within three weeks after receipt of the proposals, providing reasons therefor. Employer shall release a member of the working environment council from the duties of his or her principal job during the time when he or she performs the duties of a member of the working environment council. During this period, the member of the working environment council shall continue to receive his or her average wages. A member of the working environment council who represents employees has the guarantees prescribed in the Employment Contracts Act or the Public Service Act, a collective agreement or the employment contract. The period of release from the duties of the principal job shall not be less than one hour per week. Employer shall arrange for the training and in-service training of members of the working environment council at the employer’s expense and during working hours. During training and in-service training, they shall continue to receive their average wages. Paragraph 24 of the OHSA regulates investigation and registration of occupational accident and occupational disease. The circumstances of an occupational accident and occupational disease and reasons therefor are established in the course of an investigation which is carried out by the employer and in which a working environment representative or, in his or her absence, an employees’ trustee shall participate with the right to vote. If the employer lacks necessary knowledge, the employer shall involve a competent expert in the investigation. Employer shall submit a report on the investigation results to the victim or a person representing his or her interests and the local office of the Labour Inspectorate. The report shall indicate the measures to be implemented by the employer to prevent a similar occupational accident or occupational disease. Employer has an obligation to register all occupational accidents, cases of occupational disease and other illnesses caused by work and make relevant information available to a working environment specialist, working environment representative, employees’ trustee and the working environment council. Labour inspectors investigate all fatal occupational accidents and, if necessary, cases of occupational disease and other occupational accidents. The need for conduct of an investigation shall be determined by the head of the local office of the Labour Inspectorate. Labour inspector has the right to require that an employer conduct further investigation and amend an occupational accident or occupational disease report if the inspector establishes that the investigation has not been conducted or the report has not been prepared in accordance with the requirements. According to OHSA paragraph 13 section 1 point 5 2 , employer has an obligation to notify a minor and a legal representative of a minor under 15 years of age of risks related to the work of the minor and of the measures implemented for the protection of his or her safety and health. According to point 13, before an employee commences work or changes jobs, employer must arrange for the employee to receive occupational health and safety instructions and training corresponding to the employee’s position and occupation. Instruction or training shall be repeated if the work equipment or technology is changed or upgraded. Second report: FORMTEXT Third report : FORMTEXT Fourth report: FORMTEXT Are those laws and regulations and other measures reviewed regularly, in consultation with shipowners ’ and seafarers ’ organizations, with a view to their revision to account for changes in technology and research and the need for continuous improvement? FORMTEXT (Standard A4.3, paragraph 3) If yes, please indicate scope and results of such reviews. Please indicate the applicable national provisions and, if possible, reproduce the relevant texts . First report: Laws and regulations are reviewed from time to time in order to take into account the changes in technology and to make improvements where necessary. Potential changes are always consulted with the social partners. Second report: FORMTEXT Third report : FORMTEXT Fourth report: FORMTEXT Are ships with five or more seafarers on board required to have a safety committee which includes seafarer representatives? (Standard A4.3, paragraph 2(d)) Please indicate the applicable national provisions and, if possible, reproduce the relevant texts . First report: Paragraph 17 of the OHSA gives regulation on working environment representative. According to this paragraph, working environment representative is a representative elected by employees in occupational health and safety issues, and his or her term of authority is up to four years. In an enterprise which employs 10 employees or more, the employees shall elect one working environment representative from among themselves. If an enterprise employs less than 10 employees, the employer is required to consult with the employees in matters of occupational health and safety. In an enterprise which comprises several structural units on separate territories or in which work is done in shifts and in which more than ten employees work at a structural unit or in a shift at the same time, the employees shall elect one working environment representative for every structural unit or shift. The obligations of a working environment representative are to: monitor that occupational health and safety measures are implemented at the workplace and that the employees are provided with personal protective equipment which is in working order; participate in the investigation of an occupational accident or disease in his or her area of work; notify the employees and the employer or the employer’s representative promptly of a dangerous situation or deficiencies discovered in the working environment, and demand that the employer eliminate the deficiencies within the shortest period of time possible; be familiar with the instructions and legislation mandatory for employees; monitor that the employees receive necessary knowledge, instructions and training in the field of occupational health and safety. A working environment representative has the right to: demand that the employer implement prescribed occupational health and safety measures and provide the employees with personal protective equipment which is in working order, and make proposals to remove the source of danger and improve the working environment; access all workplaces in the enterprise necessary for the performance of his or her duties and receive from the employer information concerning the information and documents necessary for the performance of his or her duties and information concerning precepts addressed by a labour inspector to the employer; contact a labour inspector of the location of the enterprise or submit his or her observations to the labour inspector during inspection visits by the inspector; temporarily stop work in a dangerous stage of work or prohibit the use of dangerous work equipment if there is a direct risk of harm to the life or health of an employee and if it is not possible to eliminate the risk in any other manner. He or she shall promptly notify the employer or the employer’s representative of the hazard. Work shall not be resumed until the hazard has been eliminated. Employer shall organise, at the employer’s expense, training or in-service training for a working environment representative that is necessary for the performance of his or her obligations and shall allow the representative to perform his or her obligations during the working time of the representative’s principal job. During this period, the working environment representative shall continue to receive his or her average wages and have the guarantees prescribed in the Employment Contracts Act or the Public Service Act, a collective agreement or the employment contract. The period for performance of working environment represenative’s duties depends on the size of and the working conditions in the enterprise and on other circumstances but shall not be less than two hours per week. According to paragraph 18 of the OHSA, in an enterprise with at least 50 employees, a working environment council shall be set up at the initiative of the employer and it shall comprise an equal number of representatives designated by the employer and representatives elected by the employees. A working environment council is a body for co-operation between an employer and the employees’ representatives which resolves occupational health and safety issues in the enterprise. The council shall comprise at least four members and the term of their authority shall be up to four years. The Labour Inspectorate has the right to demand that a working environment council be set up also in an enterprise with less than 50 employees depending on the hazards present and the number of occupational accidents and cases of occupational disease in the enterprise. The names and term of authority of the working environment council members shall be displayed in a visible place. Working environment council shall: regularly analyse the working conditions in the enterprise, document developing problems, make proposals to the employer for the resolution thereof and monitor the implementation of adopted resolutions; participate in the preparation of an occupational health and safety development plan of the enterprise, and in the preparation of plans for the reconstruction or repair of the enterprise and for technological innovations in the enterprise, and of other plans; examine the results of internal control of the working environment in the enterprise and, if necessary, make proposals for the elimination of deficiencies; analyse occupational accidents, occupational diseases and other work-related illnesses, and monitor the implementation of measures for the prevention thereof by the employer; assist in the creation of suitable working conditions and work organisation for female employees, minors and disabled employees. Working environment council communicates its proposals to the employer in writing. If an employer does not consider it possible to take such proposals into account, the employer shall respond to the council in writing within three weeks after receipt of the proposals, providing reasons therefor. Employer shall release a member of the working environment council from the duties of his or her principal job during the time when he or she performs the duties of a member of the working environment council. During this period, the member of the working environment council shall continue to receive his or her average wages. A member of the working environment council who represents employees has the guarantees prescribed in the Employment Contracts Act or the Public Service Act, a collective agreement or the employment contract. The period of release from the duties of the principal job shall not be less than one hour per week. Employer shall arrange for the training and in-service training of members of the working environment council at the employer’s expense and during working hours. During training and in-service training, they shall continue to receive their average wages. Second report: FORMTEXT Third report : FORMTEXT Fourth report: FORMTEXT Are occupational accidents, injuries and diseases reported taking into account guidance from the ILO? Yes ( Standard A4.3, paragraphs 5(a) and 6 ) Please indicate the applicable national provisions and, if possible, reproduce the relevant texts . If no, please explain what reports are required: First report: The system for the notification of occupational accidents is described in the OHSA paragraph 22 as follows: A doctor shall promptly report a serious or fatal occupational accident and declaring an employee to be temporarily incapacitated for work as a result of an occupational accident to the local office of the Labour Inspectorate in writing or in a format which can be reproduced in writing. The Labour Inspectorate shall promptly notify the employer of the receipt of a notice in writing or through the Customer Portal of the Labour Inspectorate in a format which can be reproduced in writing. An employer shall promptly report a serious or fatal occupational accident to the local office of the Labour Inspectorate and a fatal accident also to the police. The system for the notification of occupational d iseases is described in the OHSA paragraph 23 as follows: An occupational health doctor shall inform the employer, the local office of the Labour Inspectorate and the doctor who referred an employee to him or her of the employee’s occupational disease in writing or in a format which can be reproduced in writing no later than within five days after diagnosing the disease. An occupational health doctor shall inform the local office of the Labour Inspectorate of an illness caused by work in writing or in a format which can be reproduced in writing no later than within five days after diagnosing the illness, submitting the following information: the given name, surname and position of the employee; the date of diagnosing the illness; the illness and its causes; the employer and the employer’s address. According to paragraph 24 of the OHSA, the employer shall register all occupational accidents, cases of occupational disease and other illnesses caused by work and make relevant information available to a working environment specialist, working environment representative, employees’ trustee and the working environment council. The circumstances of an occupational accident and occupational disease and reasons therefore shall be established in the course of an investigation which is carried out by the employer and in which a working environment representative or, in his or her absence, an employees’ trustee shall participate with the right to vote. A labour inspector shall investigate all fatal occupational accidents and, if necessary, cases of occupational disease and other occupational accidents. The need for conduct of an investigation shall be determined by the head of the local office of the Labour Inspectorate. „The procedure for registration, reporting and investigation of an occupational acc ident and occupational disease “ is established by the Government of the Republic regulation No. 75 of 3 April 2008. Second report: FORMTEXT Third report : FORMTEXT Fourth report: FORMTEXT Are shipowners required to conduct risk evaluations for occupational safety and health on board ship? Yes (Standard A4.3, paragraph 8) Please indicate the applicable national provisions and, if possible, reproduce the relevant texts . If no, please explain what shipowners are required to do with respect to ascertaining and preventing risks: First report: According to paragraph 13 of the OHSA, a n employer is required to: conduct regular internal control of the working environment in the process of which the employer plans, organises and monitors the occupational health and safety situation in the enterprise in accordance with the requirements provided for in this Act or in legislation established on the basis thereof. Internal control of the working environment forms an integral part of the operation of an enterprise, and all employees shall be involved in the control which shall be based on the results of a risk assessment of the working environment; organise risk assessment of the working environment to ascertain working environment hazards, measure their parameters as necessary and assess the risks to the health and safety of an employee, taking account of the gender and age characteristics of the employee, including special risks to the employees and risks related to the use of workplaces and work equipment and to work organisation. Risk assessment results shall be formalised in writing and they shall be retained for 55 years; based on a risk assessment of the working environment, prepare a written action plan designating the activities organised in all fields of activities and at all management levels of the enterprise to prevent or reduce employees’ health risks, and the schedule and executors thereof, and allocate the necessary resources; organise a new risk assessment of the working environment if the working conditions have changed, the work equipment or technology has been changed or upgraded, if new information has become evident concerning the effect of a hazard on human health, if the risk level has changed as compared with the original level due to an accident or a dangerous situation or if an occupational health doctor has established a work-related illness of an employee in the course of a medical examination; notify the employees, through working environment representatives, members of the working environment council and employees’ trustees, of hazards, of the results of risk assessments of the working environment and of the measures to be implemented in or der to prevent damage to health. Second report: FORMTEXT Third report : FORMTEXT Fourth report: FORMTEXT Additional information concerning implementation of Regulation 4.3 , including any cases of substantial equivalence. First report: FORMTEXT Second report: FORMTEXT Third report : FORMTEXT Fourth report: FORMTEXT Documentation: Please provide, in English, French or Spanish:  an example of a document (e.g. Part II of the DMLC outlining a shipowner ’ s practices or on-board programmes (including risk evaluation) for preventing occupational accidents, injuries and diseases ( Standard A4.3, paragraphs 1(c), 2(b) and 8 ) ;  a copy of the relevant national guidelines (Regulation 4.3, paragraph 2) ;  a copy of the document(s) used for reporting unsafe conditions or occupational accidents on board ship (Standard A4.3, paragraph 1(d)) . First report: National Health Plan 2009-2020: https://www.sm.ee/sites/default/files/content-editors/eesmargid_ja_tegevused/Tervis/Aruanded/rta_2009-2020_2012_eng.pdf Form for notice of occupational accidents (available only in Estonian): https://www.riigiteataja.ee/aktilisa/1050/8201/4014/VV_75m_lisa1.pdf# Form for report of occupational accidents (available only in Estonian): https://www.riigiteataja.ee/aktilisa/1050/8201/4014/VV_75m_lisa2.pdf# Second report: FORMTEXT Third report : FORMTEXT Fourth report: FORMTEXT Regulation 4.4 – Access to shore-based welfare facilities Standard A4.4; see also Guideline B4.4  Shore-based welfare facilities, if they exist in your country, must be accessible to all seafarers, irrespective of nationality, race, colour, sex, religion, political opinion or social origin, or the flag State of their ship.  The development of welfare facilities should be promoted in appropriate ports determined after consultation with shipowners ’ and seafarers ’ organizations.  The establishment of welfare boards must be encouraged to regularly review welfare facilities and service for appropriateness in the light of changes in the needs of seafarers resulting from developments in the shipping industry. Our country is landlocked FORMCHECKBOX Please check the above box or provide the information below. How many shore-based seafarer welfare facilities are operating in your country? First report: FORMTEXT Second report: FORMTEXT Third report : FORMTEXT Fourth report: FORMTEXT Please provide information on plans for the development or further development of seafarer welfare facilities in your country. (Standard A4.4, paragraph 2) First report: FORMTEXT Second report: FORMTEXT Third report : FORMTEXT Fourth report: FORMTEXT Is access to shore-based welfare facilities or services restricted in the case of certain categories of visiting seafarers coming into port? FORMTEXT (Regulation 4.4, paragraph 1; Standard A4.4, paragraph 1) If yes, please indicate the kind of restrictions applied: First report: FORMTEXT Second report: FORMTEXT Third report : FORMTEXT Fourth report: FORMTEXT Hav e one or more welfare boards been established? FORMTEXT (Standard A4.4, paragraph 3) If yes, please outline their composition and activities : First report: FORMTEXT Second report: FORMTEXT Third report : FORMTEXT Fourth report: FORMTEXT Additional information concerning implementation of Regulation 4.4 , including any cases of substantial equivalence. First report: FORMTEXT Second report: FORMTEXT Third report : FORMTEXT Fourth report: FORMTEXT Documentation: Please provide, in English, French or Spanish:  a list of all seafarers ’ shore-based welfare facilities and services, if any, operating in your country;  a copy of a report or review prepared by a welfare board, if any, on the welfare services. First report: FORMTEXT Second report: FORMTEXT Third report : FORMTEXT Fourth report: FORMTEXT Regulation 4.5 – Social security Standard A4.5; see also Guideline B4.5  All seafarers ordinarily resident in your country ’ s territory are entitled to social security protection, complementing the protection provided by medical care and shipowners ’ liability, in the branches of social security notified by your country to the ILO Director-General (which must include at least three of the nine branches specified).  Social security protection must be no less favourable than that enjoyed by shoreworkers resident in your country ’ s territory. This responsibility can be satisfied, for example, through appropriate bilateral or multilateral agreements or contribution-based schemes.  Your country must take steps, according to its national circumstances, individually and through international cooperation, to achieve progressively comprehensive social security protection for seafarers. The present report must include information regarding steps taken by your country to extend protection to branches other than those at present notified to the ILO.  Consideration must also be given to ways in which, in accordance with your national law and practice, comparable benefits will be provided to seafarers in the absence of adequate coverage in the nine branches specified.  To the extent consistent with its national law and practice, your country must cooperate with others to ensure the maintenance of social security rights acquired or in the course of acquisition.  Fair and effective procedures for the settlement of disputes must be established. Below, please provide the answer and information relating to the following question : With respect to ea ch of the nine branches listed i n the left-hand column, is complementary social security protection provided to seafarers ordinarily resident in your country? If yes, please indicate the main benefits provided in the branch concerned. ( Standard A4.5, paragraphs 1 and 3 ) If the branches specified at the time of ratification do not include medical care, sickness benefit and employer injury benefit, please indicate how due consideration has been given to Guideline B4.5, paragraph 1 in implementing Standard A4.5, paragraph 2 . Medical care No FORMCHECKBOX Yes FORMCHECKBOX Main benefits provided: Please indicate the applicable national provisions and, if possible, reproduce the relevant texts . First report The Estonian medical system is based on mandatory health insurance collected from social tax payments. The employer pays 13% of the employee’s gross wages as health insurance. Health insurance is based on the principle of solidarity: the service provided does not depend on the amount of social tax paid by the person. An insured person is a permanent resident of the Republic of Estonia or a person living in Estonia by virtue of a temporary residence permit or by the right of permanent residence, who pays the social tax for himself/herself or for whom the payer of social tax (e.g employer) is required to pay social tax. Insured persons are: a person working on the basis of an employment contract; a public servant; a member of the management or supervisory board of a legal entity; a person employed on the basis of a contract under the law of obligations; a person registred at Estonian Unemployment Insurance Fund; a person, who participated in the elimination of the consequences of a nuclear disaster: a conscript; the non-working spouse of a diplomat or a public servant; the curator of a disabled person; a person receiving child care allowance; a dependant spouse, for whom the government pays social tax; a person receiving social allowance According to the Health Insurance Act persons for whom no social tax is paid are considered as having equal status to the insured person. The persons having equal status are: a pregnant woman; a person under 19 years of age; a person receiving state pension granted in Estonia; an insured person’s dependent spouse, who is no more than 5 years away from attaining the age limit for old-age pension; pupils (there are age limits); a student, who is permanent resident; a person joining with the scheme voluntarily. According to paragraph 6 of the Health Services organisation Act, e mergency care provided to pers ons covered by health insurance shall be paid for from the funds designated for health insurance in the state budget. Emergency care provided to a person not covered by health insurance shall be paid for out of the funds prescribed for such purpose in the state budget, on the basis of a contract entered into between the Ministry of Social Affairs and the Estonian Health Insurance Fund and pursuant to the Health Insurance Act. In case of general medical care (family physicians) and specialised medical care (specialised doctors and dentists) , paragraph 11 and 23 of the Health Services Organisation Act stipulates that g eneral and specilised medical care provided to persons covered by health insurance shall be paid for from the funds designated for health insurance in the state budget in the amounts in which the Estonian Health Insurance Fund has assumed the obligation to pay for it. Persons not covered by health insurance shall pay for general medical care themselves. Second report Third report Fourth report Sickness benefit No FORMCHECKBOX Yes FORMCHECKBOX Main benefits provided: Please indicate the applicable national provisions and, if possible, reproduce the relevant texts . First report An insured person is a permanent resident of the Republic of Estonia or a person living in Estonia by virtue of a temporary residence permit or by the right of permanent residence, who pays the social tax for himself/herself or for whom the payer of social tax is required to pay social tax. Insured persons are: a person working on the basis of an employment contract; a public servant; a member of the management or supervisory board of a legal entity; a person employed on the basis of a contract under the law of obligations; a person registred at Estonian Unemployment Insurance Fund; a person, who participated in the elimination of the consequences of a nuclear disaster: a conscript; the non-working spouse of a diplomat or a public servant; the curator of a disabled person; a person receiving child care allowance; a dependant spouse, for whom the government pays social tax; a person receiving social allowance According to the Health Insurance Act persons for whom no social tax is paid are considered as having equal status to the insured person. The persons having equal status are: a pregnant woman; a person under 19 years of age; a person receiving state pension granted in Estonia; an insured person’s dependent spouse, who is no more than 5 years away from attaining the age limit for old-age pension; pupils (there are age limits); a student, who is permanent resident; a person joining with the scheme voluntarily. The benefit for temporary incapacity to work is a monetary compensation paid to insured persons on the basis of a certificate of incapacity to work, if the person foregoes social-taxed income due to a temporary exemption from work. The procedure of paying the benefit for temporary incapacity to work depends on the type of certificate of incapacity to work and the cause of the incapacity to work. In the case of illness, quarantine, non-work, traffic injury and the complications or illnesses caused by said occurrence, the benefit is paid by the employer from day 4 to day 8. By day 9, the benefit is paid by the Health Insurance Fund. In other cases (occupational disease, occupational accident (incl. traffic-related occupational accident and complications or illness caused as a result of an occupational accident), injuries caused as a result of protecting national or public interests and preventing a criminal offence), the benefit is paid only by the Health Insurance Fund and starting by the second day of the exemption from work. The benefit paid by the employer is based on the employee’s average wages during the last six months; the benefit paid by the Health Insurance Fund is based on the social tax paid for the employee during the calendar year preceding the illness (the relevant data can be obtained from the Estonian Tax and Customs Board). An insured person is entitled to receive benefits for incapacity to work for 182 (in the case of tuberculosis, for 240) consecutive calendar days. The restriction only applies to the period of receiving the benefit, not the period of the certificate for sick leave. Second report Third report Fourth report Unemployment benefit No FORMCHECKBOX Yes FORMCHECKBOX Main benefits provided: Please indicate the applicable national provisions and, if possible, reproduce the relevant texts . First report In order to receive an unemployment insurance benefit, three m ain requirements have to be met: person must meet the eligibility requirements, person must be involuntarily unemployed, and person must be registered as unemployed. U nemployment insurance benefiits can be applied for when register ing as unemployed. Application forms are available in every Töötukassa office. Eligibility requirements and insurance period In order to receive unem ployment insurance benefits, one must have paid unemployment insurance contributio ns. This is a percentage of wage that is sent to the Unemployment Insurance Fund, and that is used to fund the system. The unemployment insurance contribution is taken from employee’s wage and forwarded to Töötukassa by your employer. Every month in which contributions have been paid counts towards “insurance period”. This period is u sed to determine whether benefit can be received or not, and for how long. The “insurance period” is counted in months, and every month in which contributions are paid counts, irrespective how many contributions have been paid in that month. Months during which no contributions have been paid do not count, which means that the insurance period does not necessarily correspond to the time worked. An insurance period is reset to zero once an unemployment insurance benefit is granted . The one exception to the resetting of the insurance period is the situation where one receives an unemployment benefit, starts working before the benefit is exhausted, and becomes unemployed again within the year after the insurance benefit was first granted. In order to be eligible for the unemployment insurance benefit, contr ibutions have to be paid for a person for at least 12 months during the past 36 months. These periods are counted back from the date on which person register as unemployed. If pregnancy leave, maternity leave or parental leave have been taken up during the 36-month reference period, the period which is taken into account is extended with the duration of the leave. Unemployment benefit can be receive d when employment contract was terminated by the employer , or when the contract has run out. No benefit is granted when person has left their job by choice, on their own initiative, or following a mutual agreement with your employer, or when a person has been dismissed due to an infringement, loss of confidence, or indecent act or act of corruption. Amount of benefit The amount of the unemployment i nsurance benefit depends on person’s insurance record. D aily amount of benefiits can be received until finding new employment, or until the end of the maximum duration. The daily amount you receive is calculated on the bases of the wages received during the last twelve months of the insurance period. Of those twelve months, only the first nine are taken into account. The latest three months are disregarded. On the basis of the record for those nine months, an average daily remuneration is calculated, which is used for the calculation of the benefit, but only up to three times the average daily remuneration in Estonia of the year that precedes the one during which the benefit is calculated. 50% of this calculated value can be received for the first 100 calendar days during which the benefit is received, and 40% for the subsequent days. Since previous wage is only taken into account up to a certain amount, there is a maximum limit (43.47 EUR for the first 100 calendar days and 34.78 EUR for the subsequent days) as to how much unemployment benefit anyone can receive. There is also a minimum amount, which is set at half of the national minimum wage (currently 500 euros – therefore, 250 euros minimum amount) . The duration of the benefit is expressed as a number of days during which the unemployment insurance benefit can be received. This number depends on person’s “insurance period”, which takes into account all the months during which unemployment insurance contributions have been pa id: If an insurance period is less than 56 months, the benefit can be received for 180 calendar days; If an insurance period is more than 56 months, but less than 111 months, the benefit can be received for 270 calendar days; If an insurance period of 111 months or more, the benefit can be received for 360 calendar days. Payment of the benefit is stopped when the number of days during which one is entitled to it runs out, or when one no longer fulfil the requirements. This wi ll happen, for example, when one find s new employment, when one fail s to participate in tra inings that are provided for them, or when one is de-registered as unemployed for another reason. Second report Third report Fourth report Old-age benefit No FORMCHECKBOX Yes FORMCHECKBOX Main benefits provided: Please indicate the applicable national provisions and, if possible, reproduce the relevant texts . First report The Estonian pension system is based on three pillars, two of which make up state pension and the third is supplementary funded pension. The first pillar of state pension is funded from the taxes of current tax-payers, the second pillar is pre-financed: current tax-payers save up money for their own pension. Payments made to the third pillar, also known as supplementary funded pension, ensure that the person making the payments can contribute to the maintenance of their standard of living in older age. Old-Age Pension Prerequisites for getting the old-age pension are age and the pension qualification period required for the old-age pension. Starting from January 1st, 2017, the pensionable age will gradually increase, reaching 65 years of age by 2026. The old-age pension age increases in correlation with the year of birth. Year of Birth Pensionable Age 1953 63 y 1954 63 y 3 months 1955 63 y 6 months 1956 63 y 9 months 1957 64 y 1958 64 y 3 months 1959 64 y 6 months 1960 64 y 9 months 1961 and later 65 y To receive the old-age pension, one must have at least 15 years of Estonian pension qualifying period. Old-age pension shall be granted and paid to: permanent residents of Estonia; aliens residing in Estonia on the basis of temporary residence permits or temporary right of residence; persons residing in a foreign state which has not entered into an international agreement with Estonia. Early Retirement Pension One will receive the early retirement pension if : He/she do es not work ; His/her old-age pension age is three or less years away He/she has at least 15 years of Estonian pension qualifying periood. When one retire s early, pension is smaller by 0.4% per each month that one retire s early. The calculation is made with full months and partial months are considered as full months. The earliest time when one can prematurely retire is three years b efore the old-age pension age. Old-Age Pension under Favourable Conditions One may retire earlier under f avourable conditions when one a mother, father, step-parent, guardian or caregiver. 5 years before t he pensionable age when one has raised a child under 18-years of age with a medium, severe, or profound disability for at least eight years 5 years before t he pensionable age when one has raised five or more children for at least eight years 3 years before the pensionable age when one has raised four children for at least eight years 1 year before the pensionable age when one has raised three children for at least eight years . Persons suffering from pituitary dwarfism can retire earlier under favourable conditions starting from the age of 45. As a prerequisite, such persons must present a medical certificate (notice by the general practitioner or other medical specialist) attesting the pituitary dwarfism. National Pension One is entitled to receive the national pension if all the following requirements are met: one has attained the pensionable age; one does not have the pension qualifying period required for the old-age pension; one has lived in Estonia for at least five years preceding the pension application. One is also entitled to the national pension in the case of the loss of the provider, if the following requirements are met: t he deceased family member did not have the pension qualifying period required for the pension application; t he deceased family member lived in Estonia for at least one year preceding the pension application. The current national pension rate is 189,31 euros. National pension shall be granted and paid to: permanent residents of Estonia; aliens residing in Estonia on the basis of temporary residence permits or temporary right of residence; persons residing in a foreign state which has not entered into an international agreement with Estonia. Working under Conditions Hazardous to Health One can retire 10 years earlier than the pensionable age, if you meet all the following requirements: One has worked at positions that are especially hard and extremely hazardous to health, specified in list number 1. One has a pension qualifying period of at least 20 years, of which he/she have worked at these positions for at least 10 years. One has worked at these professions or in these conditions full-time. One has stopped working at the hazardous profession or in such conditions. One can retire 5 years earlier than the pensionable age, if you meet all the following requirements: One has worked at positions that are hard or hazardous to health, specified list number 2. One’s overall pension qualifying period exceeds 25 years, of which you have worked at these positions for at least 12 years and 6 months. One has worked at these professions or in these conditions full-time. One has stopped working at the hazardous profession or in such conditions. Superannuated Pension for the Seafaring Personnel of Vessels of Seagoing, River, and Fishing Fleets One can get the superann uated pension regardless of age when one has worked full-time among the seafaring personnel of vessels of seagoing, river, and fishing fleets for over 20 years. Professions of Afloat Staff: boatswain hydroacoustic leading physicist; engineers, technicians, and masters of all fields; deactivators on atomic-powered vessels and vessels servicing the atomic-powered vessels technically; submarine apparatus (laboratories) captain-director, captain (coxswain) and their assistant, mate stoker masters with all titles at fishing and fish handling all mechanics and their assistants all motor mechanics, machine operators and their assistants head of the radio station heads of the radiation safety of atomic-powered vessels, gages, and automation services chiefs of afloat refinement stations, and their assistants pumping engineer (donkeyman) all radio operators, radio technicians, radio telegraphers all sailors and steersmen skippers and their assistants, assisting skippers all vessel electricians all electricians radio navigation electricians. Second report Third report Fourth report Employment injury benefit No FORMCHECKBOX Yes FORMCHECKBOX Main benefits provided: Please indicate the applicable national provisions and, if possible, reproduce the relevant texts . First report Second report Third report Fourth report Family benefit No FORMCHECKBOX Yes FORMCHECKBOX Main benefits provided: Please indicate the applicable national provisions and, if possible, reproduce the relevant texts . First report According to Family Benefits Act, f amily benefits are granted and paid under the conditions prov ided for in this Act to an E stonian citizen residing in Estonia, an alien residing in Estonia on the basis of a long-term residence permit or permanent right of residence or an alien residing in Estonia on the basis of a temporary residence permit or temporary right of residence . Family members residing in Estonia and children who do not live in the family due to studying abroad of their parents are entitled to receive family benefits. Permanent residents of Estonia whose residence is in several states are entitled to receive family benefits if they are residents for the purposes of the Income Tax Act. Residents of Estonia do not have the right to receive family benefits if they receive benefits of the same kind from another state. Childbirth allowance Childbirth allowance is a one-time allowance paid to one parent when a child is born, in the amount of 320 euros per child. In the case of triplets, the allowance is 1,000 euros per child, totalling to 3,000 euros. In addition to the national childbirth allowance, also local govern ments pay childbirth allowances . The amount varies in different towns and rural municipalities. Child allowance Each family is entitled to the child allowance until the child turns 16. If the child is studying, the allowance is paid until the child turns 19. If the child becomes 19 durin g an academic year, the child allowance is paid until the end of the academic year. Academic years begins on September 1st and ends on August 31st (senior high school year ends on June 30th). The amount of child allowances is calculated according to the number of children in the family receiving the allowance, not according to the children’s birth order. The allowance amount is: 55 euros per month for the family’s first and second child; 100 euros per month for the family’s third and each following child. Child care allowance The child care allowance is paid to one parent. One is entitled to the child care allowance if he/she raise s : Up to 3-year-olds – 38.36 euros per month for each up to 3-year-old child; In addition to the up to 3-year-old, also a child between 3 and 8 – 19.18 euros per month for each child aged 3 to 8; Altogether three or more children in the family who are paid the child allowance – 19.18 euros per month for each child aged between 3 and 8. Parental Benefit If the childbi rth has been registered, parents can apply for a parental benefit. Parental benefit aims to support the combining of working and family life and to guarantee your previous income, as income decreases due to raising children. In general, the mother is entitled to the benefit for the first 70 days. Later, parents can take turns to use their right for the benefit. The parent who is on the parental leave from their employer has the pre-emptive right to use the benefit. In the case of multiple birth, the benefit is paid to one of the parents and parents cannot apply for a separate benefit for each child. The benefit amount does not depend on the number of children . If the mother is on a maternity leave, the parental benefit is paid for 435 days starting from the day following the end of the maternity leave . If the mother is not on a maternity leave, the parental benefit is paid starting from the childbirth until the child turns one and a half. If one is entitled to a maternity leave but has not taken it for some reason, parental benefit is paid for the first 70 days in the extent of the minimum monthly salary (470 euros in 2017 and 500 euros in 2018). The parental benefit amount is calculated based on last year’s income for which the empl oyer has paid social tax. L ast year’s income shall also include the incapacity for work benefit that the H ealth Insurance Fund paid if mother was transferred to an easier job. If the average mont hly income calculated based total last year’s income was below the minimum salary rate, the parental benefit equal to the minimum salary rate is paid . The minimum monthly salary rate was 470 euros in 2017, and is 500 euros in 2018. The maximum parental benefit amount is three times the average Estonian salary from the last but one year. We shall pay this amount if your average monthly income is equal to or greater than this amount. In 2017, the maximum parental benefit was 2,907.15 euros and in 2018, it will be 3,089.55 euros. If one did not have any income last year, benefit amount will be t he valid parental benefit rate. The parental benefit rate in 2018 is 470 euros. Single parent child allowance One will be paid the single parent child allowance of 19.18 euros per month if: One’s child’s birth certificate or the population register lacks data about the child’s father; One’s child’s other parent has officially been declared a fugitive. The single parent child allowance is paid starting from the birth, or the day when the parent was declared a fugitive. The single parent child allowance payment is stopped in the following cases: Establishment or acceptance of paternal filiation; Stopping the search for the other parent, or appointing survivor’s benefit for the same parent; Appointment of the survivor’s pension in the case a parent, spouse, or stepparent dies. If the survivor’s pension has been appointed for the child retrospectively, starting from the parent’s death, the single parent child allowance paid for the same period must be returned to us. Allowance for a family with many children The allowance for a family with many children is paid if the family has at least three children who receive child allowance. A family with 3 to 6 children is paid 300 euros per month. A family with 7 or more children is paid 400 euros per month. Adoption allowance When adopt ing a child, adpotive parents are entitled to a one-time adoption allowance in the amount of 320 euros per each adopted child. The allowance is paid to the adopter from whom the child does not descend, and who is not the spouse to the child’s other parent. The adoption allowance is not paid if the family has received the childbirth allowance for the same child. Guardianship allowance One is entitled to the guardianship allowance if: One raise s a child whose parents do not fulfil their obligation to raise a child and whom the court has appointed under your guardianship; The allowance is paid until the child turns 18. If the child is still studying at the age of 18, the allowance payments are continued until the end of the academic year during which the child turns 19. The allowance of 240 euros is paid monthly for each child under guardianship. Maintenance allowance Maintenance allowance is paid to children whose parents neglect their maintenance obligation. Maintenance allowance is divided into maintenance allowance for the duration of judicial and execution proceedings. Maintenance Allowance during the Legal Proceedings Maintenance allowance for the duration of judicial proceedings is paid to the parent or legal representative of the child who has turned to a court to require the payment of maintenance support. Maintenance allowance for the duration of judicial proceedings is paid for up to 150 days in an amount of up to 100 euros per month per child. Maintenance Allowance during the Execution Proceedings Maintenance allowance for the duration of execution proceedings is paid on the basis of a court ruling requiring the payment of maintenance support. The maintenance allowance paid to an under-age child is transferred to the bank account of the parent or legal representative of the child. This type of maintenance allowance is paid for the duration of execution proceedings. The amount of maintenance allowance per child is up to 100 euros per month. Second report Third report Fourth report Maternity benefit No FORMCHECKBOX Yes FORMCHECKBOX Main benefits provided: Please indicate the applicable national provisions and, if possible, reproduce the relevant texts . First report Maternity benefit is a benefit for temporary incapacity to work paid by the Health Insurance Fund to an insured person (an employee, a civil servant, a person receiving remuneration or service fees on the basis of a contract under the law of obligations, a member of the management or controlling body of a legal person, a self-employed person, a spouse participating in the activities of a self-employed person) on the basis of a maternity leave certificate in case the person does not receive income subject to individually registered social tax due to a temporary release from the their duties or economic or professional activity. A pregnant woman has the right to receive a maternity leave certificate for up to 140 calendar days when going on pregnancy and maternity leave. Maternity leave can commence 30 to 70 calendar days before the estimated date of delivery (at pregnancy weeks 30-36). If a pregnant woman takes the pregnancy and maternity leave at least 30 calendar days before the estimated date of delivery, she is entitled to maternity benefit for 140 calendar days. When a women chooses to go on the maternity leave later, her doctor or midwife must also respectively reduce the duration of the maternity leave certificate, so the number of the days by which the pregnancy and maternity leave of the woman commences after the said term will be deducted from the period of the maternity benefit. If the conditions of service of a pregnant woman have been eased during her pregnancy, based on the decision of her doctor or midwife, she will have the right to receive the maternity benefit for 140 calendar days only if the pregnancy and maternity leave commences at least 70 calendar days before the estimated date of delivery. When in the above case, a women chooses to go on the maternity leave later, her doctor or midwife must also respectively reduce the duration of the maternity leave certificate, so the number of the days by which the pregnancy and maternity leave of the woman commences after the said term will be deducted from the period of the maternity benefit. If a woman delivers before going on the maternity leave and the pregnancy has lasted more than 28 weeks, the maternity leave certificate will be issued as of the date of delivery for 140 calendar days. In the case of delivery before the 28th week of pregnancy, a maternity leave certificate will be issued at the 28th week, provided that the child is alive. The certificate for sick leave is discontinued on the day before the date of issue of a maternity leave certificate. Second report Third report Fourth report Invalidity benefit No FORMCHECKBOX Yes FORMCHECKBOX Main benefits provided: Please indicate the applicable national provisions and, if possible, reproduce the relevant texts . First report Pension for incapacity to work is paid to people for whom an expert decision has been made regarding their loss of working ability, meaning that the person is not able to earn a living, or it is complicated. The loss of working ability is either complete (100%) or partial (10-90%). The pension for incapacity for work is paid if the working ability loss is 40 to 100 per cent. Starting from July 1st, 2016, new incapacity for work pensions shall no longer be assigned. Starting from 01.01.2017, the working ability is assessed and work ability allowance paid by the Estonian Unemployment Insurance Fund. The following persons between the age of 16 and the age of retirement are entitled to receive a working ability allowance: Estonian citizens residing in Estonia; aliens residing in Estonia on the basis of a residence permit or right of residence; persons enjoying international protection staying in Estonia or asylum seekers staying in Estonia who have the right to work in Estonia under the Act on Granting International Protection to Aliens. Residents of Estonia who reside in several states are entitled to working ability assessment and a working ability allowance if they are residents for the purposes of the Income Tax Act or if they reside permanently in Estonia for the purposes of the Aliens Act. The prerequisite for the granting of a working ability allowance is a working ability assessment. As a result, the Unemployment Insurance Fund establishes whether you have partial or no working ability. If working ability has been established as partial , a t least one of the following conditions must be met to receive a wor king ability allowance, i.e. one must be: employed (this includes, inter alia , being a member of the management or supervisory body of a legal person); seeking work, i.e. be registered as unemployed and meeting the activity requirements; attending a school – acquiring basic, general secondary, vocational or higher education; raising at least one child under three years of age; caring for a family member with a severe or profound disability; receiving support for creative activity from an artistic association; placed, without your consent, in a social welfare institution in order to receive 24-hour special care service; receiving involuntary treatment or another substitutive punishment or sanction as provided by law; participating in compulsory military service, alternative service or reserve service. If one has been established as having no working ability , h e /she is not required to meet the aforementioned activity requirements to receive a working ability allowance. A working ability allowance is not paid if one is receiving: a pension; the spouse allowance on the basis of the Foreign Service Act or the Public Service Act; the allowance of a rescue worker awaiting the old-age pension; The working ability benefits of a prosecutor. The daily rate of the working ability allowance is 12.72 euros, the amount of which per calendar day is: for a person with partial working ability – 57% of the daily rate (7.2504 euros per day; approximately 217.51 euros per month); for a person with no working ability – 100% of the daily rate (12.72 euros per day; approximately 381.60 euros per month). Second report Third report Fourth report Survivors ’ benefit No FORMCHECKBOX Yes FORMCHECKBOX Main benefits provided: Please indicate the applicable national provisions and, if possible, reproduce the relevant texts . First report If someone in the family dies, the family members can apply for a survivor’s pension. One will receive th e survivor’s pension, if one is the deceased family member’s: Child under the age of 18; Child aged 18–24 and a full-time student; Widow or widower and your working ability has decreased; Widow or widower of the pensionable age; Parent of the pensionable age; Parent and your working ability has decreased; Non-working widow and you are pregnant; Up to three-year-old child’s parent or guardian and you are not working. The survivor’s pension is only paid if the deceased had the required pension qualifyin g period , depending on their age at death. Age Required pension qualifying period 16-24 0 years 25-26 1 year 27-28 2 years 29-30 3 years 31-32 4 years 33-35 5 years 36-38 6 years 39-41 7 years 42-44 8 years 45-47 9 years 48-50 10 years 51-53 11 years 54-56 12 years 57-59 13 years 60-62 14 years If the person died due to a work injury or occupational illness, the pension qualifying period is not necessary. Survivor’s pension shall be granted and paid to: permanent residents of Estonia; aliens residing in Estonia on the basis of temporary residence permits or temporary right of residence; persons residing in a foreign state which has not entered into an international agreement with Estonia. Second report Third report Fourth report Are there any branches in which benefits are provided that are less favourable than those provided to shoreworkers resident in your country? No (Regulation 4.5, paragraph 3; Standard A4.5, paragraph 3) If yes, please indicate the branches concerned: First report: FORMTEXT Second report: FORMTEXT Third report : FORMTEXT Fourth report: FORMTEXT Are dependants of seafarers ordinarily resident in your country provided with social security protection? (Regulation 4.5, paragraph 1) First report: FORMTEXT Second report: FORMTEXT Third report : FORMTEXT Fourth report: FORMTEXT Please indicate any steps taken or plans being made or discussed in your country to improve the benefits currently provided to seafarers or to extend social security protection for seafarers to branches not covered at present. (Regulation 4.5, paragraph 2; Standard A4.5, paragraph 11) First report: Kolmandate riikide meremeestele VTA mereprojektiga? Second report: FORMTEXT Third report : FORMTEXT Fourth report: FORMTEXT Please indicate any bilateral or multilateral arrangements in which your country participates regarding the provision of social security protection, including the maintenance of rights acquired or in the course of acquisition. ( Regulation 4.5, paragraph 2; Standard A4.5, paragraphs 3, 4 and 8 ) First report: Estonia has signed a number of bilateral social security agreements to regulate situations where a person becomes the resident of a country outside the EU. Bilateral social security agreements have been signed with Russia, Ukraine, Canada, Moldova, and Australia. Second report: FORMTEXT Third report : FORMTEXT Fourth report: FORMTEXT Are shipowners ’ and, if applicable, seafarers ’ contributions to relevant social protection and social security systems or schemes monitored to verify that the contributions are made? ( Standard A4.5, paragraph 5 ; see guidance in Guideline B4.5, paragraphs 6 and 7 ) First report: Yes , tax contributions are monitored by the Tax and Customs Board. Second report: FORMTEXT Third report : FORMTEXT Fourth report: FORMTEXT Has your country adopted any measures for providing benefits to non-resident seafarers working on ships flying its flag who do not have adequate social security coverage? ( Standard A4.5, paragraphs 5 and 6 ; see guidance in Guideline B4.5, paragraph 5 ) First report: FORMTEXT Second report: FORMTEXT Third report : FORMTEXT Fourth report: FORMTEXT What fair and effective procedures for the settlement of disputes relating to social security for seafarers have been established? ( Standard A4.5, paragraph 9 ) Please indicate the applicable national provisions and, if possible, reproduce the relevant texts . First report: FORMTEXT Second report: FORMTEXT Third report : FORMTEXT Fourth report: FORMTEXT Additional information concerning implementation of Regulation 4.5 , including any cases of substantial equivalence. First report: FORMTEXT Second report: FORMTEXT Third report : FORMTEXT Fourth report: FORMTEXT Title 5. Compliance and enforcement Note: Title 5 has three primary Regulations (Regulation 5.1, Flag State responsibilities; Regulation 5.2, Port State responsibilities; and Regulation 5.3, Labour-supplying responsibilities). These three Regulations prescribe the details of the basic obligations set out in Article V, Implementation and enforcement responsibilities (see paragraphs 2–7). Regulations 5.1 and 5.2 comprise a number of Regulations, each with its own Part A – Standards and Part B – Guidelines. They are dealt with in this report as separate Regulations, for example Regulation 5.1.1 – General principles. Regulation 5.1 – Flag State responsibilities Regulation 5.1.1 – General principles Standard A5.1.1; see also Guideline B5.1.1 With reference also to Regulation 5.1.4 and Standard A5.1.4, paragraphs 1 and 2  Each country must have an effective system for the inspection and certification of labour conditions on ships flying its flag, with clear objectives and standards covering the administration of this system, as well as adequate overall procedures for the assessment of the extent to which those objectives and standards are being attained.  The competent authority must appoint a sufficient number of qualified inspectors to fulfil its inspection and certification functions. Please describe the basic structure and objectives of your country ’ s system (including measures to assess its effectiveness ) for the inspection and certification of maritime labour conditions in accordance with Regulations 5.1.3 and 5.1.4 to ensure that the working and living conditions for seafarers on ships that fly its flag meet, and continue to meet, the standards in the Convention. ( Regulation 5.1.1, paragraphs 2 and 5; Standard A5.1.1, paragraph 1 ; Regulation 5.1.2, paragraph 2 ) Please indicate the applicable national provisions and, if possible, reproduce the relevant texts . First report: According to paragraph 63 of the SEA, the compliance of the working and living conditions of crew members on board ships with a gross tonnage of 500 or more, engaged in international shipping, except for fishing vessels, with the requirements provided by the SEA and the Maritime Labour Convention of the International Labour Organization shall be certified by a maritime labour certificate and the declaration of maritime labour compliance attached to the maritime labour certificate or an interim maritime labour certificate issued on the bases of and pursuant to the procedure pro vided by the MSA . MSA provides for following requirements: Paragraph 11 13 : Issue of maritime labour certificate and work in fishing certificate Ships entered in the ship registry or the register of bareboat chartered ships of Estonia shall have a certificate attesting conformity to the requirements for working and living conditions of crew members in accordance with the Seafarers Employment Act and the Maritime Labour Convention of the International Labour Organization or the Work in Fishing Convention of the International Labour Organization as follows: ships with a gross tonnage of 500 or more, engaged in international shipping, except fishing vessels, shall have a maritime labour certificate conforming to the requirements of the Maritime Labour Convention of the International Labour Organization, and the declaration of maritime labour compliance attached to the maritime labour certificate (hereinafter maritime labour certificate); fishing vessels with a length of over 24 meters remaining at sea for more than three days and usually navigating outside the area of short sea shipping shall have a work in fishing certificate conforming to the requirements of the Work in Fishing Convention of the International Labour Organization. An operator may apply for the maritime labour certificate also for other ship not specified if the ship is registered in Estonia. The Maritime Administration shall issue a maritime labour certificate or a work in fishing certificate for a ship on the basis of an application of the operator after the ship has successfully passed the inspection of the working and living conditions of crew members. The Maritime Administration has the right to assign, by a contract under public law, the administrative duties of conducting the inspection and issuing maritime labour certificates and work in fishing certificates to a recognised organisation that meets the requirements for competence and independence provided for in international conventions. State supervision over the performance of the administrative duty is exercised by the Maritime Administration that shall immediately take measures to ensure the performance of the administrative duty if the contract under public law is terminated or if there is another reason preventing the recognised organisation from performing the administrative duty. The Maritime Administration shall recognise maritime labour certificates and work in fishing certificates issued by a recognised organisation, if such certificates conform to the requirements of the Maritime Labour Convention of the International Labour Organization or the Work in Fishing Convention of the International Labour Organization. A state fee shall be paid for the issue of a maritime labour certificate or work in fishing certificate. Paragraph 11 14 : Inspection of working and living conditions of crew members The purpose of the inspection is to ensure that the working and living conditions of crew members on a ship would conform to the requirements provided for in the Maritime Labour Convention of the International Labour Organization or the Work in Fishing Convention of the International Labour Organization. The inspections are classified as follows: an initial inspection which shall be conducted before the issue of the maritime labour certificate or work in fishing certificate; an interim inspection for approval of the validity of the maritime labour certificate which shall be conducted in the second or third year of validity of the maritime labour certificate; an interim inspection for approval of the validity of the work in fishing certificate which shall be conducted within the period of three months before or after the second or third year of validity of the maritime labour certificate; a complete inspection which shall be conducted in every five years for the renewal of the maritime labour certificate or work in fishing certificate. In addition to the inspections above, also the following may be conducted additionally: an inspection at the request of the operator for the issue of the interim maritime labour certificate; an additional inspection during the validity of the maritime labour certificate, the scope and time of conduct whereof shall be determined by the Maritime Administration after prior consultation with the operator. Upon the inspection, the Maritime Administration shall inspect the following documents and circumstances: the age of crew members; the medical certificates of crew members; the qualification of crew members; the seafarer’s employment agreement, including the conditions of payment of wages; working and rest time; the financial security for compensation for the expenses of organisation of homeward voyage; use of placement services; the manning level of the ship; the conditions of accommodation and rest on the ship; the food served on board the ship; medical assistance on board the ship; the procedure for submission and processing of complaints on board the ship. The Maritime Administration may engage the Labour Inspectorate and Health Board within the limits of their competence in the conduct of the inspection. A state fee shall be paid for the conduct of the inspection. If an operator applies for the conduct of the inspection in a foreign state, the operator shall reimburse the travel expenses of the supervisory officials conducting the inspection which are to be calculated in accordance with the procedure established pursuant to the Civil Service Act. Paragraph 11 15 : Non-conformity and major non-conformity found during inspection of working and living conditions of crew members conducted for issue, approval of validity and renewal of maritime labour certificate A report is prepared regarding non-conformities and major non-conformities found during inspection of working and living conditions of crew members conducted for the issue, approval of validity and renewal of a maritime labour certificate, and the report shall include: description of the non-conformities or major non-conformities found; measures to be taken and term for eliminating the non-conformities found; name, position and signature of the official preparing the report; date of preparing the report; possibilities, term and procedure for contesting the report; signature of the person examining the report. The Maritime Administration shall establish, subject to approval by the operator, the measures and term for eliminating a non-conformity. The maximum term for eliminating a non-conformity is three months. The operator is responsible for taking measures necessary for eliminating a non-conformity. If the measures for eliminating a non-conformity are not established during the inspection due to the lack of approval by the operator, the operator shall submit the measures planned to be taken for eliminating the non-conformity to the Maritime Administration for approval within five working days after the non-conformity report was delivered to the operator. If a major non-conformity is found, the operator or the master of the ship shall immediately take measures to eliminate the reasons for the major non-conformity or minimize such reasons to an extent that would enable to classify the occurrence as a non-conformity. After eliminating a major non-conformity, the operator shall submit a request for a new inspection which shall be carried out in the same scope as the initially performed inspection. The operator shall submit a report regarding the implementation of the measures taken for eliminating a non-conformity to the Maritime Administration within the term specified in the non-conformity report. Paragraph 11 16 : Issue of interim maritime labour certificate The Maritime Administration may issue an interim maritime labour certificate at the request of the operator for up to six months: for a new ship; for a ship exchanging flags; for a ship whose operator is being replaced. A ship is not required to have the declaration of maritime labour compliance during the validity of an interim maritime labour certificate. An interim maritime labour certificate may be issued after the ship has successfully passed an inspection conducted, as far as reasonable and practicable, by the Maritime Administration. The Maritime Administration shall issue an interim maritime labour certificate after: the ship has passed an inspection conducted, as far as reasonable and practicable, by the Maritime Administration; the operator has demonstrated that the ship has adequate procedures to conform to the requirements of the Maritime Labour Convention; the operator has demonstrated that the master is familiar with the requirements of the Maritime Labour Convention and the responsibilities for implementation thereof; the operator has submitted relevant information for obtaining the declaration of maritime labour compliance. At the request of the operator, the Maritime Administration shall conduct an initial inspection of the ship before the expiry of an interim maritime labour certificate. Paragraph 11 17 : Format of maritime labour certificate, declaration of maritime labour compliance, interim maritime labour certificate and work in fishing certificate Maritime labour certificates, interim maritime labour certificates and work in fishing certificates shall be prepared in Estonian and in English. The formats of maritime labour certificates, declarations of maritime labour compliance attached to maritime labour certificates, interim maritime labour certificates and work in fishing certificates shall be established by a regulation of the min ister responsible for the area . Successful passing of an interim inspection is evidenced by a notation of the Maritime Administration in the maritime labour certificate or work in fishing certificate. Maritime labour certificates, interim maritime labour certificates and work in fishing certificates or copies thereof shall be available to crew members on board the ship. Paragraph 11 18 : Validity of certificate Maritime labour certificates and work in fishing certificates are valid for up to five years after the issue of the certificates. The Maritime Administration shall revoke a maritime labour certificate or a work in fishing certificate if: the results of an inspection do not enable to confirm the conformity of the working and living conditions of crew members to the requirements of the Maritime Labour Convention of the International Labour Organization or the Work in Fishing Convention of the International Labour Organization and the Seafarer Employment Act; the operator has not passed an interim inspection on time; the ship exchanges flags; the operator does not assume responsibility for the operation of the ship; the construction or equipment of the ship has been substantially altered. Second report: FORMTEXT Third report : FORMTEXT Fourth report: FORMTEXT Are ships flying your country ’ s flag required to have a copy of the Convention available on board? FORMTEXT (Standard A5.1.1, paragraph 2) If yes, please provide the reference for this requirement and reproduce the relevant texts if possible: First report: FORMTEXT Second report: FORMTEXT Third report : FORMTEXT Fourth report: FORMTEXT Additional information concerning implementation of Regulation 5.1.1. First report: FORMTEXT Second report: FORMTEXT Third report : FORMTEXT Fourth report: FORMTEXT Documentation: Please provide, in English, French or Spanish:  a report or other document containing information on the objectives and standards established for your country ’ s inspection and certification system, including the procedures for its assessment;  information on the budgetary allocation during the period covered by this report for the administration of your country ’ s inspection and certification system and the total income received during the same period on account of inspection and certification services;  the following statistical information: – number of ships flying your country ’ s flag that were inspected during the period covered by this report for compliance with the requirements of the Convention; – number of inspectors, appointed by the competent authority or by a duly authorized recognized organization, carrying out those inspections during the period covered by this report; – number of full-term (up to five years) maritime labour certificates currently in force; – number of interim certificates issued during the period covered by this report in accordance with Standard A5.1.3, paragraph 5 . First report: FORMTEXT Second report: FORMTEXT Third report : FORMTEXT Fourth report: FORMTEXT Regulation 5.1 – Flag State responsibilities Regulation 5.1.2 – Authorization of recognized organizations Standard A5.1.2; see also Guideline B5.1.2 (and Regulation 5.1.1, paragraph 3)  Recognized organizations may be authorized to carry out certain inspection and certification functions, provided that: – those functions are expressly mentioned in the Code of the Convention as being carried out by the competent authority or a recognized organization; – the functions come within the authorization conferred by the competent authority; – the recognized organization has demonstrated that it has the necessary competence and independence.  Countries must establish a system to ensure the adequacy of work performed by recognized organizations, and have procedures for communication with and oversight of such organizations.  They must provide the ILO with the current list of recognized organizations, specifying the functions authorized. Our country does not make use of recognized organizations FORMCHECKBOX Please check the above box or provide the information below. Has your country adopted laws or regulations or other measures governing the authorization of recognized organizations for inspection and certification functions? FORMTEXT If yes, please indicate the applicable national provisions and, if possible, reproduce the relevant texts . First report: FORMTEXT Second report: FORMTEXT Third report : FORMTEXT Fourth report: FORMTEXT Are all recognized organizations granted the power to require rectification of deficiencies on ships and to carry out inspections at the request of port States? (Standard A5.1.2, paragraph 2) Please indicate the applicable national provisions and, if possible, reproduce the relevant texts . First report: FORMTEXT Second report: FORMTEXT Third report : FORMTEXT Fourth report: FORMTEXT Has your country provided the ILO with a current list of recognized organizations autho r ized to act on your country ’ s behalf, specifying the functions authorized? (Standard A5.1.2, paragraph 4) Yes FORMCHECKBOX No, the information is attached to this report FORMCHECKBOX Please describe how your country reviews the competence and independence of recognized organizations, including information on any system established for oversight and communication of relevant information to authorized organizations. (Regulation 5.1.2, paragraph 2; Standard A5.1.2, paragraph 1) Please indicate the applicable national provisions and, if possible, reproduce the relevant texts . This information is already included above in connection with Regulation 5.1.1 FORMCHECKBOX First report: FORMTEXT Second report: FORMTEXT Third report : FORMTEXT Fourth report: FORMTEXT Additional information concerning implementation of Regulation 5.1.2. First report: FORMTEXT Second report: FORMTEXT Third report : FORMTEXT Fourth report: FORMTEXT Documentation: Please provide, in English, French or Spanish, an example or examples of authorizations given to recognized organizations (Regulation 5.1.1, paragraph 5 ; Regulation 5.1.2, paragraph 2) . First report: FORMTEXT Second report: FORMTEXT Third report : FORMTEXT Fourth report: FORMTEXT Regulation 5.1 – Flag State responsibilities Regulation 5.1.3 – Maritime labour certificate and declaration of maritime labour compliance Standard A5.1.3; see also Guideline B5.1.3  Ships must carry a maritime labour certificate if: – they are 500 GT or more and engaged in international voyages; or – they are 500 GT or more and fly the flag of a country and are operating from a port, or between ports, in another country; or – a certificate is requested by the shipowner.  The certificate certifies that the working and living conditions of the seafarers on the ship have been inspected and meet the requirements of your country ’ s laws or regulations or other measures implementing the Convention.  The certificate is issued after the 1 6 matters listed in Appendix A5-I have been inspected and found to be in compliance, for a period not exceeding five years, subject to at least one intermediate inspection during that period.  In prescribed cases, an interim certificate may be issued, only once, for a period not exceeding six months.  A declaration of maritime labour compliance (DMLC) must be attached to the certificate (if full term); Part I of the DMLC, which is drawn up by the competent authority, identifies the national requirements relating to the 1 6 matters listed in Appendix A5-I; Part II, which is drawn up by the shipowner and certified by the competent authority or a duly authorized recognized organization, identifies the measures adopted to ensure ongoing compliance with those national requirements.  The form and content of the certificates and the DMLC are prescribed in Standard A5.1.3 and Appendix A5-II.  In prescribed circumstances, a maritime labour certificate ceases to be valid or must be withdrawn. Below please provide a reference to the national provisions or other measures implementing the corresponding requirements of the Convention, if those provisions or measures are in English, French or Spanish; otherwise please provide the reference and summarize the content of those provisions or measures. The cases in which a maritime labour certificate is required; the maximum period of issue; the scope of the prior inspection; the requirement for an intermediate inspection; the provisions for renewal of the certificate. (Regulation 5.1.3; Standard A5.1.3, paragraphs 1–4) First report: MSA provides for following requirements: Paragraph 11 13 : Issue of maritime labour certificate Ships entered in the ship registry or the register of bareboat chartered ships of Estonia shall have a certificate attesting conformity to the requirements for working and living conditions of crew members in accordance with the Seafarers Employment Act and the Maritime Labour Convention of the International Labour Organization of the International Labour Organization as follows: ships with a gross tonnage of 500 or more, engaged in international shipping, except fishing vessels, shall have a maritime labour certificate conforming to the requirements of the Maritime Labour Convention of the International Labour Organization, and the declaration of maritime labour compliance attached to the maritime labour certificate (hereinafter maritime labour certificate); An operator may apply for the maritime labour certificate also for other ship not specified if the ship is registered in Estonia. The Maritime Administration shall issue a maritime labour certificate or a work in fishing certificate for a ship on the basis of an application of the operator after the ship has successfully passed the inspection of the working and living conditions of crew members. The Maritime Administration has the right to assign, by a contract under public law, the administrative duties of conducting the inspection and issuing maritime labour certificates and work in fishing certificates to a recognised organisation that meets the requirements for competence and independence provided for in international conventions. State supervision over the performance of the administrative duty is exercised by the Maritime Administration that shall immediately take measures to ensure the performance of the administrative duty if the contract under public law is terminated or if there is another reason preventing the recognised organisation from performing the administrative duty. The Maritime Administration shall recognise maritime labour certificates and work in fishing certificates issued by a recognised organisation, if such certificates conform to the requirements of the Maritime Labour Convention of the International Labour Organization or the Work in Fishing Convention of the International Labour Organization. A state fee shall be paid for the issue of a maritime labour certificate or work in fishing certificate. Paragraph 11 14 : Inspection of working and living conditions of crew members The purpose of the inspection is to ensure that the working and living conditions of crew members on a ship would conform to the requirements provided for in the Maritime Labour Convention of the International Labour Organization or the Work in Fishing Convention of the International Labour Organization. The inspections are classified as follows: an initial inspection which shall be conducted before the issue of the maritime labour certificate or work in fishing certificate; an interim inspection for approval of the validity of the maritime labour certificate which shall be conducted in the second or third year of validity of the maritime labour certificate; an interim inspection for approval of the validity of the work in fishing certificate which shall be conducted within the period of three months before or after the second or third year of validity of the maritime labour certificate; a complete inspection which shall be conducted in every five years for the renewal of the maritime labour certificate or work in fishing certificate. In addition to the inspections above, also the following may be conducted additionally: an inspection at the request of the operator for the issue of the interim maritime labour certificate; an additional inspection during the validity of the maritime labour certificate, the scope and time of conduct whereof shall be determined by the Maritime Administration after prior consultation with the operator. Upon the inspection, the Maritime Administration shall inspect the following documents and circumstances: the age of crew members; the medical certificates of crew members; the qualification of crew members; the seafarer’s employment agreement, including the conditions of payment of wages; working and rest time; the financial security for compensation for the expenses of organisation of homeward voyage; use of placement services; the manning level of the ship; the conditions of accommodation and rest on the ship; the food served on board the ship; medical assistance on board the ship; the procedure for submission and processing of complaints on board the ship. The Maritime Administration may engage the Labour Inspectorate and Health Board within the limits of their competence in the conduct of the inspection. A state fee shall be paid for the conduct of the inspection. If an operator applies for the conduct of the inspection in a foreign state, the operator shall reimburse the travel expenses of the supervisory officials conducting the inspection which are to be calculated in accordance with the procedure established pursuant to the Civil Service Act. Paragraph 11 15 : Non-conformity and major non-conformity found during inspection of working and living conditions of crew members conducted for issue, approval of validity and renewal of maritime labour certificate A report is prepared regarding non-conformities and major non-conformities found during inspection of working and living conditions of crew members conducted for the issue, approval of validity and renewal of a maritime labour certificate, and the report shall include: description of the non-conformities or major non-conformities found; measures to be taken and term for eliminating the non-conformities found; name, position and signature of the official preparing the report; date of preparing the report; possibilities, term and procedure for contesting the report; signature of the person examining the report. The Maritime Administration shall establish, subject to approval by the operator, the measures and term for eliminating a non-conformity. The maximum term for eliminating a non-conformity is three months. The operator is responsible for taking measures necessary for eliminating a non-conformity. If the measures for eliminating a non-conformity are not established during the inspection due to the lack of approval by the operator, the operator shall submit the measures planned to be taken for eliminating the non-conformity to the Maritime Administration for approval within five working days after the non-conformity report was delivered to the operator. If a major non-conformity is found, the operator or the master of the ship shall immediately take measures to eliminate the reasons for the major non-conformity or minimize such reasons to an extent that would enable to classify the occurrence as a non-conformity. After eliminating a major non-conformity, the operator shall submit a request for a new inspection which shall be carried out in the same scope as the initially performed inspection. The operator shall submit a report regarding the implementation of the measures taken for eliminating a non-conformity to the Maritime Administration within the term specified in the non-conformity report. Second report: FORMTEXT Third report : FORMTEXT Fourth report: FORMTEXT The cases in which a maritime labour certificate may be issued on an interim basis (Standard A5.1.3, paragraphs 5(a)–(c)) ; the maximum period of issue of interim certificates, if issued; the scope of the prior inspection required if interim certificates are issued. (Standard A5.1.3, paragraphs 5–8) First report: Paragraph 11 16 of the MSA: Issue of interim maritime labour certificate The Maritime Administration may issue an interim maritime labour certificate at the request of the operator for up to six months: for a new ship; for a ship exchanging flags; for a ship whose operator is being replaced. A ship is not required to have the declaration of maritime labour compliance during the validity of an interim maritime labour certificate. An interim maritime labour certificate may be issued after the ship has successfully passed an inspection conducted, as far as reasonable and practicable, by the Maritime Administration. The Maritime Administration shall issue an interim maritime labour certificate after: the ship has passed an inspection conducted, as far as reasonable and practicable, by the Maritime Administration; the operator has demonstrated that the ship has adequate procedures to conform to the requirements of the Maritime Labour Convention; the operator has demonstrated that the master is familiar with the requirements of the Maritime Labour Convention and the responsibilities for implementation thereof; the operator has submitted relevant information for obtaining the declaration of maritime labour compliance. At the request of the operator, the Maritime Administration shall conduct an initial inspection of the ship before the expiry of an interim maritime labour certificate. According to paragraph 11 14 of the MSA, u pon the inspection, the Maritime Administration shall inspect the following documents and circumstances: the age of crew members; the medical certificates of crew members; the qualification of crew members; the seafarer’s employment agreement, including the conditions of payment of wages; working and rest time; the financial security for compensation for the expenses of organisation of homeward voyage; use of placement services; the manning level of the ship; the conditions of accommodation and rest on the ship; the food served on board the ship; medical assistance on board the ship; the procedure for submission and processing of complaints on board the ship. Second report: FORMTEXT Third report : FORMTEXT Fourth report: FORMTEXT The requirements for posting on the ship, and for making available for review, the maritime labour certificate and the declaration of maritime labour compliance. ( Regulation 5.1.3, paragraph 6; Standard A5.1.3, paragraphs 12 and 13 ) First report: Paragraph 11 17 of the MSA: Format of maritime labour certificate, declaration of maritime labour compliance, interim maritime labour certificate and work in fishing certificate Maritime labour certificates, interim maritime labour certificates and work in fishing certificates shall be prepared in Estonian and in English. The formats of maritime labour certificates, declarations of maritime labour compliance attached to maritime labour certificates, interim maritime labour certificates and work in fishing certificates shall be established by a regulation of the minister responsible for the area. Successful passing of an interim inspection is evidenced by a notation of the Maritime Administration in the maritime labour certificate or work in fishing certificate. Maritime labour certificates, interim maritime labour certificates and work in fishing certificates or copies thereof shall be available to crew members on board the ship. Second report: FORMTEXT Third report : FORMTEXT Fourth report: FORMTEXT The circumstances in which a maritime labour certificate ceases to be valid. ( Standard A5.1.3, paragraphs 14 and 15; see guidance in Guideline B5.1.3, paragraph 6 ) First report: Paragraph 11 18 of the MSA: Validity of certificate Maritime labour certificates are valid for up to five years after the issue of the certificates. The Maritime Administration shall revoke a maritime labour certificate or a work in fishing certificate if: the results of an inspection do not enable to confirm the conformity of the working and living conditions of crew members to the requirements of the Maritime Labour Convention of the International Labour Organization and the Seafarer Employment Act; the operator has not passed an interim inspection on time; the ship exchanges flags; the operator does not assume responsibility for the operation of the ship; the construction or equipment of the ship has been substantially altered. Second report: FORMTEXT Third report : FORMTEXT Fourth report: FORMTEXT The circumstances in which a maritime labour certificate must be withdrawn . ( Standard A5.1.3, paragraphs 16 and 17 ) First report: Paragraph 11 18 of the MSA: Validity of certificate The Maritime Administration shall revoke a maritime labour certificate or a work in fishing certificate if: the results of an inspection do not enable to confirm the conformity of the working and living conditions of crew members to the requirements of the Maritime Labour Convention of the International Labour Organization and the Seafarer Employment Act; the operator has not passed an interim inspection on time; the ship exchanges flags; the operator does not assume responsibility for the operation of the ship; the construction or equipment of the ship has been substantially altered. Second report: FORMTEXT Third report : FORMTEXT Fourth report: FORMTEXT Additional information concerning implementation of Regulation 5.1.3. First report: FORMTEXT Second report: FORMTEXT Third report : FORMTEXT Fourth report: FORMTEXT Documentation: If available in your country, please provide, in English, a copy of the national interim maritime labour certificate. First report: FORMTEXT Second report: FORMTEXT Third report : FORMTEXT Fourth report: FORMTEXT Regulation 5.1 – Flag State responsibilities Regulation 5.1.4 – Inspection and enforcement Standard A5.1.4; see also Guideline B5.1.4  Adequate rules must be made to ensure that inspectors have the training, competence, terms of reference, guidelines, powers, status and independence necessary or desirable to perform inspections effectively.  Ships must be inspected at the intervals required for the purposes of certification, where applicable, and in no case at an interval exceeding three years.  Where a complaint is received that is not manifestly unfounded, or there is evidence of non-conformity with the requirements of the Convention or there are serious deficiencies in the implementation of the measures in the declaration of maritime labour compliance, the matter must be investigated and any deficiencies remedied.  If there are grounds to believe that deficiencies constitute a serious breach of the requirements of this Convention (including seafarers ’ rights), or represent a significant danger to seafarers ’ safety, health or security, inspectors must have the power to prohibit a ship from leaving port until necessary actions are taken (subject to any right of appeal).  All reasonable efforts must be made to avoid a ship being unreasonably detained or delayed. Compensation must be paid in the case of the wrongful exercise of the inspectors ’ powers.  Adequate penalties and other corrective measures must be effectively enforced for breaches of the requirements of the Convention (including seafarers ’ rights) and for obstructing inspectors in the performance of their duties.  Inspectors must treat as confidential the source of any grievance or complaint alleging a danger or deficiency in relation to seafarers ’ working and living conditions or a violation of laws and regulations.  Inspectors must submit a report of each inspection to the competent authority, to be posted on the ship and sent, upon request, to the seafarers ’ representatives. The competent authority must maintain records of the inspections and publish an annual report. Are all ships covered by the Convention that fly your country ’ s flag inspected for compliance with the Convention ’ s requirements at least once every three years? FORMTEXT (Regulation 5.1.4, paragraph 1; Standard A5.1.4, paragraph 4) Please indicate the applicable national provisions and, if possible, reproduce the relevant texts . If no, please indicate any categories of ships that are not inspected at all or inspected at greater than three-year intervals: First report: FORMTEXT Second report: FORMTEXT Third report : FORMTEXT Fourth report: FORMTEXT Please indicate the qualifications and training required for flag State inspectors carrying out inspections under the Convention. (Standard A5.1.4, paragraph 3) Please indicate the applicable national provisions and, if possible, reproduce the relevant texts . First report: FORMTEXT Second report: FORMTEXT Third report : FORMTEXT Fourth report: FORMTEXT Please summarize the measures adopted to guarantee that inspectors have a status and conditions of service ensuring that they are independent of changes of government and of improper external influences; and please indicate the manner in which those measures are enforced. ( Standard A5.1.4, paragraphs 3, 6, 11(a) and 17 ) Please indicate the applicable national provisions and, if possible, reproduce the relevant texts . First report: FORMTEXT Second report: FORMTEXT Third report : FORMTEXT Fourth report: FORMTEXT Are inspectors issued with a copy of the ILO ’ s 2008 Guidelines for flag State inspections under the Maritime Labour Convention, 2006 , or similar national guidelines and/or policy? ( Standard A5.1.4, paragraph 7 ; see guidance in Guideline B5.1.4, paragraph 2 ) First report: FORMTEXT Second report: FORMTEXT Third report : FORMTEXT Fourth report: FORMTEXT Please summarize the procedures for receiving and investigating complaints, and ensuring that their source is kept confidential . ( Standard A5.1.4, paragraphs 5, 10 and 11(b); see guidance in Guideline B5.1.4, paragraph 3 ) Please indicate the applicable national provisions and, if possible, reproduce the relevant texts . First report: According to paragraph 4 of the MSA, the crew members of ships flying a foreign flag are entitled to file a complaint with the Maritime Administration deriving from the application of the Maritime Labour Convention of the International Labour Organization and the Work in Fishing Convention of the International Labour Organization. If the complaint of a crew member of a ship flying a foreign flag cannot be settled on board the ship, and the non-conformities causing the complaint cannot be eliminated by the supervisory operations of the Maritime Administration, the Maritime Administration shall immediately inform the competent authority of the flag state of the ship about it, and shall apply for submission of relevant explanations and a time schedule for elimination of non-conformities within the stipulated period. If nevertheless the non-conformities are not eliminated, the Maritime Administration shall report it to the relevant representative organisations of operators and crew members of the port state and submit a copy of the report including a response received from a competent authority of the flag state to the Director-General of the International Labour Office. Paragraph 62 of the SEA regulates on-board complaint procedures for crew members. An operator, except for an operator of a ship engaged in navigating in the inland waters or coastal shipping, shall establish an on-board complaint procedure in order to settle violations of the crew members’ rights provided for the SEA. The on-board complaint procedure shall include at least the following: the requirements set for complaints and the filing thereof; the deadline and procedure for reviewing complaints; the right of crew members to involve independent advisers and representatives in the complaint procedure; measures for protecting crew members against victimisation for filing a complaint; the procedure for notifying the crew member of the decision made in the review of his or her complaint. Complaints and decisions made within the on-board complaint procedure shall be registered on the ship and preserved for one year after the making of the decision in a manner that ensures an overview of the review of a complaint for a supervisory authority and the relevant crew member. The on-board complaint procedure shall not restrict the crew members’ right to file a report of a violation of their rights with the master of the ship, the operator or another competent person, or to file an application with a labour dispute committee or an action with the court, or to contact a supervisory authority (Maritime Administration, Labour Inspectorate or Health Board). Second report: FORMTEXT Third report : FORMTEXT Fourth report: FORMTEXT Please describe the arrangements made to ensure that inspectors submit a report of each inspection to the competent authority, that a copy is furnished to the master and another posted on the ship ’ s notice board . (Standard A5.1.4, paragraph 12) Please indicate the applicable national provisions and, if possible, reproduce the relevant texts . First report: According to paragraph 11 15 of the SEA, a report is prepared regarding non-conformities and major non-conformities found during inspection of working and living conditions of crew members conducted for the issue, approval of validity and renewal of a maritime labour certificate, and the report shall include: 1) description of the non-conformities or major non-conformities found; 2) measures to be taken and term for eliminating the non-conformities found; 3) name, position and signature of the official preparing the report; 4) date of preparing the report; 5) possibilities, term and procedure for contesting the report; 6) signature of the person examining the report. Second report: FORMTEXT Third report : FORMTEXT Fourth report: FORMTEXT In what kinds of cases will a ship be prohibited from leaving port until necessary actions are taken to remedy deficiencies under the Convention? (Standard A5.1.4, paragraph 7(c)) Please indicate the applicable national provisions and, if possible, reproduce the relevant texts. First report: According to paragraph 78 of the SEA, the supervisory officials of the Maritime Administration may prohibit a ship flying the national flag of Estonia or a ship flying a foreign flag from leaving a port in the following cases: the master refuses to let the ship be inspected; the ship is not seaworthy or is not worthy for navigation on inland waters; the ship is not manned or equipped according to the requirements; the ship is not loaded or ballasted or the cargo is not secured according to the requirements; the number of passengers on the ship exceeds the maximum authorised number; significant violations of occupational health, occupational safety or health protection requirements are discovered on the ship; the master refuses to submit the ship's certificates for inspection; the ship does not have ship’s certificates or they have expired; the ship does not have an insurance policy or certificate regarding due liability insurance or other financial security or they have expired; the ship has on deck cargo or grain cargo but lacks a stability calculation; the ship lacks a towing calculation for sea towage if such calculation is required, or other towing requirements are violated; environmental safety requirements, including the requirements regarding transfer of ship-generated waste and cargo residues, are violated; significant violations of security requirements are discovered on the ship. Second report: FORMTEXT Third report : FORMTEXT Fourth report: FORMTEXT Please identify , and outline the content of, the legal provisions or principles under which compensation must be paid for any loss or damage from the wrongful exercise of the inspectors ’ powers, and where applicable, please provide examples in which shipowners have been awarded compensation. (Standard A5.1.4, paragraph 16) First report: FORMTEXT Second report: FORMTEXT Third report : FORMTEXT Fourth report: FORMTEXT Additional information concerning implementation of Regulation 5.1.4. First report: FORMTEXT Second report: FORMTEXT Third report : FORMTEXT Fourth report: FORMTEXT Documentation: Please provide:  a copy of the annual reports on inspection activities, in English, French or Spanish, that have been issued in accordance with Standard A5.1.4, paragraph 13 , during the period covered by this report;  a standard document issued to or signed by inspectors setting out their functions and powers ( Standard A5.1.4, paragraph 7 ; see guidance in Guideline B5.1.4, paragraphs 7 and 8 ) , together with a summary in English, French or Spanish if the document is not in one of those languages;  a copy of any national guidelines issued to inspectors in implementation of Standard A5.1.4, paragraph 7 , with an indication of the content in English, French or Spanish if the guidelines are not in one of those languages;  a copy of the form used for an inspector ’ s report (Standard A5.1.4, paragraph 12) ;  a copy of any documentation that is available informing seafarers and interested others about the procedures for making a complaint (in confidence) regarding a breach of the requirements of the Convention (including seafarers ’ rights) ( Standard A5.1.4, paragraph 5 ; see guidance in Guideline B5.1.4, paragraph 3 ) , with an indication of the content in English, French or Spanish if the documentation is not in one of those languages. First report: FORMTEXT Second report: FORMTEXT Third report : FORMTEXT Fourth report: FORMTEXT Regulation 5.1 – Flag State responsibilities Regulation 5.1.5 – On-board complaint procedures Standard A5.1.5; see also Guideline B5.1.5  Ships must have on-board procedures for the fair, effective and expeditious handling of seafarers ’ complaints alleging breaches of the requirements of the MLC, 2006 (including seafarers ’ rights).  Those procedures must seek to resolve complaints at the lowest level possible although seafarers must have a right to complain directly to the master and to appropriate external authorities.  The procedures must include the right of the seafarer to be accompanied or represented during the complaints procedure, as well as safeguards against the possibility of victimization for filing complaints. Such victimization must be prohibited.  All seafarers must be provided with a copy of the on-board complaint procedures applicable on the ship. Adequate information on all matters is to be found in the enclosed DMLC, Part I FORMCHECKBOX / Part II FORMCHECKBOX Please check one or both boxes or provide the information below. Has the competent authority in your country developed a model for a fair and expeditious and well-documented on-board complaint procedure for ships that fly your country ’ s flag? Yes ( Regulation 5.1.5, paragraph 1; Standard A5.1.5, paragraphs 1–3 ; see guidance in Guideline B5.1.5, paragraphs 1 and 2 ) If yes, please indicate the extent to which this model must be followed by shipowners: First report: Paragraph 62 of the SEA regulates on-board complaint procedures for crew members. An operator, except for an operator of a ship engaged in navigating in the inland waters or coastal shipping, shall establish an on-board complaint procedure in order to settle violations of the crew members’ rights provided for the SEA. The on-board complaint procedure shall include at least the following: the requirements set for complaints and the filing thereof; the deadline and procedure for reviewing complaints; the right of crew members to involve independent advisers and representatives in the complaint procedure; measures for protecting crew members against victimisation for filing a complaint; the procedure for notifying the crew member of the decision made in the review of his or her complaint. Complaints and decisions made within the on-board complaint procedure shall be registered on the ship and preserved for one year after the making of the decision in a manner that ensures an overview of the review of a complaint for a supervisory authority and the relevant crew member. The on-board complaint procedure shall not restrict the crew members’ right to file a report of a violation of their rights with the master of the ship, the operator or another competent person, or to file an application with a labour dispute committee or an action with the court, or to contact a supervisory authority (Maritime Administration, Labour Inspectorate or Health Board). Second report: FORMTEXT Third report : FORMTEXT Fourth report: FORMTEXT Please identify, and outline the content of, the legal provisions or principles under which victimization of seafarers for filing a complaint is prohibited and penalized in your country. (Regulation 5.1.5, paragraph 2) First report: PS Second report: FORMTEXT Third report : FORMTEXT Fourth report: FORMTEXT Please outline the arrangements made to ensure that all seafarers are provided with a copy of the on-board complaint procedures applicable on the ship, including contact information relevant to that ship and to the seafarers concerned . (Standard A5.1.5, paragraph 4) Please indicate the applicable national provisions and, if possible, reproduce the relevant texts . First report: According to paragraph 26 of the SEA, on board ships, except for ships engaged in navigating in the inland waters or coastal shipping, inter alia, the the procedure for filing and hearing the crew members’ complaints on board ship must be made available for the crew members. Second report: FORMTEXT Third report : FORMTEXT Fourth report: FORMTEXT Additional information concerning implementation of Regulation 5.1.5. First report: FORMTEXT Second report: FORMTEXT Third report : FORMTEXT Fourth report: FORMTEXT Documentation: Please provide a copy of your country ’ s model for on-board complaint procedures, if developed, or of typical procedures that are followed on ships that fly its flag , with a translation into English, French or Spanish if the procedures are not in one of these languages. First report: FORMTEXT Second report: FORMTEXT Third report : FORMTEXT Fourth report: FORMTEXT Regulation 5.1 – Flag State responsibilities Regulation 5.1.6 – Marine casualties  An official inquiry must be held into any serious marine casualty, leading to injury or loss of life that involves ships flying your country ’ s flag.  ILO Members must cooperate in the investigation of serious marine casualties. Please indicate the relevant legal provisions and any other measures implementing Regulation 5.1.6, providing a summary in English, French or Spanish if the provisions or measures are not in one of those languages. First report: FORMTEXT Second report: FORMTEXT Third report : FORMTEXT Fourth report: FORMTEXT Please describe what arrangements and requirements exist for holding an official inquiry into cases of serious marine casualties that involve a ship flying your country ’ s flag and lead to injury or loss of life, indicating whether the final reports of such inquiries are normally made public. ( Regulation 5.1.6, paragraph 1 ) Please indicate the applicable national provisions and, if possible, reproduce the relevant texts . First report: FORMTEXT Second report: FORMTEXT Third report : FORMTEXT Fourth report: FORMTEXT Please supply information on the number of inquiries held during the period covered by this report. First report: FORMTEXT Second report: FORMTEXT Third report : FORMTEXT Fourth report: FORMTEXT Additional information concerning implementation of Regulation 5.1.6. First report: FORMTEXT Second report: FORMTEXT Third report : FORMTEXT Fourth report: FORMTEXT Regulation 5.2 – Port State responsibilities Regulation 5.2.1 – Inspections in port Standard A5.2.1; see also Guideline B5.2.1  Every foreign ship calling, in the normal course of its business or for operational reasons, in a port may be the subject of inspection by an authorized officer of your country for the purpose of reviewing compliance with the requirements of the Convention (including seafarers ’ rights) relating to the working and living conditions of seafarers on the ship.  The inspection must be based on an effective port State inspection and monitoring system.  If a ship carries a maritime labour certificate issued in accordance with the Convention, that certificate and the declaration of maritime labour compliance attached to it must be accepted as prima facie evidence of compliance. The inspection must then be limited to a review of the certificate and declaration, except in the cases specified under (a)–(d) of Standard A5.2.1 , paragraph 1 .  In the cases specified in Standard A5.2.1, paragraph 1 (a) – (d) a more detailed inspection may be carried out. Such inspection must be carried out where the working and living conditions believed or alleged to be defective could constitute a clear hazard to the safety, health or security of seafarers or where the authorized officer has grounds to believe that any deficiencies constitute a serious breach of the requirements of the Convention (including seafarers ’ rights).  The more detailed inspection must, in principle, cover the 14 matters listed in Appendix A5-III, except in the case of a complaint.  The procedures to be followed where deficiencies or non-conformities are found (including the detention of the ship in port until rectification or acceptance by the authorized officer of a plan of action for rectification) are set out in Standard A5.2.1 , paragraphs 4–6 .  All possible efforts must be made to avoid a ship being unduly detained or delayed. Compensation must be paid for any loss or damage where a ship is found to be unduly detained or delayed. Our country is not a port State FORMCHECKBOX Please check the above box or provide the information below. Please specify any regional port State control Memorandum of Understanding (MOU) in which your country participates. (Regulation 5.2.1, paragraph 3) First report: FORMTEXT Second report: FORMTEXT Third report : FORMTEXT Fourth report: FORMTEXT Has your country established an effective port State inspection and monitoring system, for the purpose of reviewing compliance with the requirements of the MLC, 2006 (including seafarers ’ rights)? FORMTEXT (Regulation 5.2.1, paragraphs 1, 4 and 5) If yes, please describe the system, including the method used for assessing its effectiveness . Please indicate the applicable national provisions and, if possible, reproduce the relevant texts . First report: FORMTEXT Second report: FORMTEXT Third report : FORMTEXT Fourth report: FORMTEXT Please indicate the number of authorized officers appointed by the competent authority and please provide information on the qualifications and training required for carrying out port State control. First report: FORMTEXT Second report: FORMTEXT Third report : FORMTEXT Fourth report: FORMTEXT Are authorized officers given guidance as to the kinds of circumstances justifying detention of ship (such as the relevant guidance contained in the ILO ’ s 2008 Guidelines for port State control officers carrying out inspections under the Maritime Labour Convention, 2006 , or similar national guidance or guidance provided by a regional port State control MOU)? FORMTEXT (Standard A5.2.1, paragraph 7) If yes, please identify the guidance: First report: FORMTEXT Second report: FORMTEXT Third report : FORMTEXT Fourth report: FORMTEXT Please identify , and outline the content of, the legal provisions or principles under which compensation must be paid for any loss or damage for a ship being unduly detained or delayed and, where applicable, please provide examples in which shipowners have been awarded compensation. (Standard A5.2.1, paragraph 8) First report: FORMTEXT Second report: FORMTEXT Third report : FORMTEXT Fourth report: FORMTEXT Additional information concerning implementation of Regulation 5.2.1. First report: FORMTEXT Second report: FORMTEXT Third report : FORMTEXT Fourth report: FORMTEXT Documentation: Please provide:  a copy of any national guidelines issued to inspectors in implementation of Standard A5.2.1, paragraph 7 , with an indication of the content in English, French or Spanish if the guidelines are not in one of those languages;  the following statistical information for the period covered by this report: – number of foreign ships inspected in port; – number of more detailed inspections carried out according to Standard A5.2.1, paragraph 1 ; – number of cases where significant deficiencies were detected; – number of detentions of foreign ships due, wholly or partly, to conditions on board ship that are clearly hazardous to the safety, health or security of seafarers, or constitute a serious or repeated breach of the requirements of MLC, 2006 (including seafarers ’ rights). Note: If this information is also provided in connection with a regional PSC arrangement, a copy of that report or link to the relevant web site where these data can be accessed is sufficient. First report: FORMTEXT Second report: FORMTEXT Third report : FORMTEXT Fourth report: FORMTEXT Regulation 5.2 – Port State responsibilities Regulation 5.2.2 – Onshore complaint-handling procedures Standard A5.2.2; see also Guideline B5.2.2  A complaint by a seafarer alleging a breach of the requirements of this Convention (including seafarers ’ rights) may be reported to an authorized officer in the port at which the seafarer ’ s ship has called.  The authorized officer must undertake an initial investigation. If the complaint falls within the scope of Standard A5.2.1 , a more detailed inspection may be carried out. Otherwise, where appropriate, the authorized officer must seek to promote a resolution of the complaint at the shipboard level.  If the investigation or the inspection reveals a non-conformity justifying detention of the ship, the procedure provided for in Standard A5.2.1, paragraph 6 , must be followed.  Otherwise, if the complaint has not been resolved, the authorized officer notifies the flag State, seeking advice and a corrective plan of action.  If the complaint is still not resolved, the port State must transmit a copy of the authorized officer ’ s report, accompanied by any reply from the flag State, to the ILO Director-General; the appropriate shipowners ’ and seafarers ’ organizations in the port State are similarly informed.  Appropriate steps must be taken to safeguard the confidentiality of complaints made by seafarers. Our country is not a port State FORMCHECKBOX Please check the above box or provide the information below. Has your country established procedures, including steps taken to safeguard confidentiality, for seafarers calling at its ports to report a complaint alleging breach of the requirements of the MLC, 2006 (including seafarers ’ rights)? FORMTEXT ( Regulation 5.2.2, paragraph 1; Standard A5.2.2, paragraphs 1–7 ; see guidance in Guideline B5.2.2 ) If yes, please describe the procedures, referring to the corresponding legal provisions or measures: First report: FORMTEXT Second report: FORMTEXT Third report : FORMTEXT Fourth report: FORMTEXT Please provide information on the number of such complaints that were reported during the period covered by this report and on the complaints that were resolved and reported to the ILO Director-General. (Standard A5.2.2, paragraph 6) First report: FORMTEXT Second report: FORMTEXT Third report : FORMTEXT Fourth report: FORMTEXT Additional information concerning implementation of Regulation 5.2.2. First report: FORMTEXT Second report: FORMTEXT Third report : FORMTEXT Fourth report: FORMTEXT Documentatio n: Please provide, in English, French or Spanish a copy of a document, if any, that describes the onshore complaint-handling procedures. First report: FORMTEXT Second report: FORMTEXT Third report : FORMTEXT Fourth report: FORMTEXT Regulation 5.3 – Labour-supplying responsibilities Standard A5.3; see also Guideline B5.3  ILO Members must establish an effective inspection and monitoring system for enforcing their labour-supplying responsibilities, particularly those regarding the recruitment and placement of seafarers.  Members must also implement social security responsibilities for seafarers that are its nationals or residents or are otherwise domiciled in their territory. There are no seafarers in our country FORMCHECKBOX Please check the above box or provide the information below. Please describe the system in your country for the inspection and monitoring and enforcement (including legal proceedings for breaches of the requirements under Regulation 1.4) of its labour-supplying responsibilities under the MLC, 2006, including the method used for assessing its effectiveness. ( Regulation 5.3, paragraphs 3 and 4; Standard A5.3, referring to Standard A1.4 ) Please indicate the applicable national provisions and, if possible, reproduce the relevant texts . This information has been provided in the context of Regulation 1.4 ☒ First report: FORMTEXT Second report: FORMTEXT Third report : FORMTEXT Fourth report: FORMTEXT If you have seafarers who are nationals or ordinarily resident or domiciled in your country, have arrangements been made to ensure that they receive social security protection irrespective of the flag of the ship on which they are working? (Regulation 5.3, paragraph 1) Please indicate the applicable national provisions and, if possible, reproduce the relevant texts . This question has been answered in the context of Regulation 4.5 FORMCHECKBOX First report: FORMTEXT Second report: FORMTEXT Third report : FORMTEXT Fourth report: FORMTEXT Additional information concerning implementation of Regulation 5.3. First report: FORMTEXT Second report: FORMTEXT Third report : FORMTEXT Fourth report: FORMTEXT Appendix Legal Adviser’s opinion on the relationship between Parts A and B of the Code (extract of Appendix D to Report I (1A) of the 94th (Maritime) Session of the International Labour Conference, 2006) Coexistence of mandatory and non­mandatory provisions in a Convention Questions were addressed to the Legal Adviser (in 2003) by the Government representatives of the Netherlands and Denmark, as well as those of Cyprus and Norway, as to the various consequences flowing from the coexistence in the draft consolidated Convention of binding and non-binding provisions for ratifying Members. The High-level Tripartite Working Group on Maritime Labour Standards is, in accordance with its mandate, working on a consolidated Convention as a new type of instrument compared with those adopted up to now. The consolidation of maritime instruments in force is aimed at placing all substantive elements in a single instrument in an approach radically different to that employed up to now, where Conventions contain detailed technical provisions, often accompanied by Recommendations. From this perspective, conclusions cannot be drawn from the traditional formal arrangement based on the distinction between a Convention – where the provisions are binding – and a Recommendation – where they are not. The future instrument is a Convention open to ratification by States Members providing explicitly for the coexistence of binding and non-binding provisions (proposed Article VI, paragraph 1). The provisions of Part A of the Code would be binding; those of Part B would not. Some international labour Conventions set out, alongside binding provisions, others that are of a different nature. The novelty introduced in the future instrument essentially resides in the great number of non-binding provisions in the instrument. It should equally be noted that other organizations, such as the IMO, have adopted conventions containing the two types of provisions without any apparent legal prob lems in their application. Members ratifying the Convention would have to conform to the obligations set out in the Articles, the Regulations and Part A of the Code. Their only obligation under Part B of the Code would be to examine in good faith to what extent they would give effect to such provisions in order to implement the Articles, the Regulations and Part A of the Code. Members would be free to adopt measures different from those in Part B of the Code so long as the obligations set out elsewhere in the instrument were respected. Any State Member which decided to implement the measures and procedures set out in Part B of the Code would be presumed to have properly implemented the corresponding provisions of the binding parts of the instrument. A Member which chose to employ other measures and procedures would, if necessary, and particularly where the Member’s application of the Convention was questioned in the supervisory machinery, have to provide justification that the measures taken by it did indeed enable it to properly implement the binding provisions concerned. Tere Koostame ILO aruannet meretöö ja kalandustöö konventsioonide kohta ning teatud küsimustes vajame Veeteede Ameti sisendit. Manusesse on lisatud mõlema konventsiooni aruande vormid, kus on kommentaaridega märgitud küsimused, mille puhul Veeteede Ameti sisendit ootame. Mõned sellised küsimused on juba osaliselt vastatud, kuid vajavad kindlasti üle vaatamist/täiendamist. Kindlasti on ka teisi küsimusi, mis kuuluvad Veeteede Ameti pädevusse, kuid millele me oleme juba ise vastanud (kasutades konventsioonide ratifitseerimisel koostatud seletuskirju). Ka nende küsimuste puhul on teie kommentaarid ja täiendused väga oodatud. Ootame teie inglisekeelset sisendit hiljemalt 14. septembriks. Kui mingil põhjusel ei ole võimalik sisendit selleks kuupäevaks anda, siis palun andke sellest teada. Kui tekib küsimusi või on kahtlus, et mõni küsimus kuulub mõne teise asutuse pädevusse, siis palun sellest esimesel võimalusel meid teavitada aadressil [email protected]. Lugupidamisega Liis Tõnismaa Tööelu arengu osakonna nõunik Sotsiaalministeerium Suur-Ameerika 1, Tallinn 10122 (+372) 626 9805 R E P O R T, 2018 for the period from May 2017 to September 2018, made by the Government of Estonia, in accordance with article 22 of the Constitution of the International Labour Organisation, on the measures taken to give effect to the provisions of the WORK IN FISHING CONVENTION, 2007 (No. 188) Ratification of which was registered on 3 rd May 2016 I. Bring out list of regulations that apply the convention and add links to the text of these regulations in English. Also, name relevant collective agreements, court decisions etc if there are any. Seafarers Employ ment Act: https://www.riigiteataja.ee/en/eli/529122017001/consolide Maritime Safety Act: https://www.riigiteataja.ee/en/eli/514042016001/consolide Merchant Shipping Code: https://www.riigiteataja.ee/en/eli/511032016001/consolide Health Insurance Act: https://www.riigiteataja.ee/en/eli/525062018016/consolide Since the new legislation was adopted for applying the provisions of the Convention, there is no need to provide information on extent of modifications to the laws to permit ratification. II. Please indicate in detail for each of the following Articles of the C onvention the provisions of the laws, regulations or other measures under which each Article is applied. Most of the requirements of the Convention occur in Seafarers Employment Act and Maritime Safety Act (and a few regulations under these laws). Therefore I have listed all the requirements and provisions that need to be mentioned in the report that are included in these laws and regulations and not naming the relevant law or regulation under every article. Part I. Definitions and scope Definitions Article 1 Definitions are included in different laws and regulations. According to the paragraph 3 section 1 of the Fishing Act, fi shing is an activity the aim of which is the capture of fish, Lampetra fluviatilis (river lamprey) and other Cyclostomata; Astacus spp. (crayfish), shrimps and prawns and other Decapoda; Ommastrephes spp. (squid) and other Cephalopoda (cephalopods) (hereinafter all together fish) by catching or killing them, and collection of aquatic plant. Maritime Safety Act ( hereinafter MSA ) paragraph 2 point 2 defines operator as a person who is in possession of a ship and uses it in the operator’s own name and has been entered in the respective register of ships. An operator is also a person who has taken over the obligations and liability for managing the maritime safety and technical service of a ship from the owner of the ship under a contract pursuant to the International Management Code for the Safe Operation of Ships and for Pollution Prevention (ISM Code) established on the basis of the International Conventio n for the Safety of Life at Sea. According to paragraph 5 of the Seafarers’ Employment Act ( hereinafter SEA ), for the purposes of the SEA , an operator is a person specified in the Maritime Safety Act or another person who assumes in an employment relationship the rights, obligations and liability of the employer by entering into a seafarer’s employment contract. According to paragraph 3 section 5 of the F ishing Act , a fisherman is a natural person who catches fish himself or herself by commercial fishing gear. Paragraph 3 of the SEA defines seafarer’s employment contract as an employment contract on the basis of which a natural person (hereinafter crew member) works for another person (hereinafter operator), subject to the management and control of the operator. The operator shall remunerate the crew member for the work. Paragraph 2 point 41 provides that “fishing vessel” means a vessel equipped and used for catching fish and other living re sources for commercial purposes. According to paragraph 70 section 1 of the SEA, c rew members’ employment placement service means offering suitable work for a person looking for employment on board ship and a suitable crew member for an operator. Scope Article 2 Paragraph 2. Please indicate whether cases of doubt have arisen as to whether any vessels are to be regarded as engaged in commercial fishing for the purposes of this Convention , the procedure used for determination of the question and the consultations which have taken place to this effect. According to paragraph 2 section 5 of the SEA a dispute concerning whether the SEA applies to a ship is settled extra-judicially by the Estonian Maritime Administration who shall consult the representative organisations of operators and crew members. VTA-lt sisend! Paragraph 3. Please indicate whether the protective coverage of the provisions of the Convention which are applicable to vessels of 24 metres in length and over has been extended, in whole or in part, to fishers working on smaller vessels and provide information on the consultations which have been held in this respect. There are no such provisions. Article 3 If recourse has been had to the provisions of paragraph 1 of this Article: (a) please specify the categories of fishers or fishing vessels which have been excluded, in whole or in part, from the scope of application of the Convention; The SEA, which mostly implements the provisions of the Convention, does not apply to employment on fishing vessels under 24 metres in length (SEA § 2 section 3). Therefore this category of fishing vessels is excluded from the scope of application of the Convention . (b) give the reasons for such exclusions and provide information on the consultations which have been held prior to such exclusions, stating in particular the positions of the representative organizations of employers and workers concerned, in particular the representative organizations of fishing vessel owners and fishers, where they exist; Due to the small size of these vessels it is difficult and often impossible to apply the requirements of the Convention to these vessels. The SEA, which mostly implements the provisions of the Convention, does not apply to employment on fishing vessels under 24 metres in length (SEA § 2 section 3). It was decided in consultation with representative organizat ion of shipowners and seafarers that considering the small size of the fishing vessels under 24 meters in length, it would be possible to fulfil the requirements of the Convention. There for it was decided that it would be reasonable to apply the exclusions provided in article 3. In 2010 the Ministry of Social Affairs initiated consulations with social partners and other interest groups concerning maritime labour. The aim of the consulations was to discuss bringing existing legislation in line with ILO Maritime Labour Conventiona and Work in Fishing Convention. A working group was created that aimed to analyse possibilities to harmonize national law with conditions of these conventions. During these consulations it was also indicated that it would be unreasonable to apply all conditions of the conventions to small vessels. (c) describe any measures taken to ensure equivalent protection, and subsequently, any measures taken to extend progressively the requirements of the Convention to the excluded categories . Incase of fishing vessels under 24 meters in length, general provisions of labour law apply, that also apply to regular employees, such as Employment Contracts Act, Occupational Health and Safety Act . Article 4 No exceptions under this article. Article 5 Please indicate whether for the purpose of the application of this Convention the length overall (LOA) is used in place of length (L) as the basis of measurement in accordance with the equivalence set out in Annex I. Please also indicate whether for the purpose of the paragraphs specified in Annex III, gross tonnage is used in place of length (L) or length overall (LOA) as the basis for measurement in accordance with the equivalence set out in paragraph 8 of Annex III. In either case, please explain the reasons for such decision and provide information on the consultations which have taken place . In Estonian maritime law, both overall length/length and gross tonnage are used in parallel. Part II. General principles Implementation Article 6 Please specify the means by which the provisions of the Convention are implemented. Estonia as the member of the ILO implements and ensures compliance with international law through application of and state supervision over national laws that implement the provisions of respective international laws (Seafarers’ Employment Act, Maritime Safety Act, Merchant Shipping Act, Merchant Shipping Code, Employment Contract Act, Law of Obligations Act, Occupational Health and Safety Act etc and legislation based on those acts, as well as d irectly enforceable regulations of the European Parliament and of the Council of the European Union ). Competent authority and coordination Article 7 Please indicate the designated competent authority or authorities for the purpose of the application of the Convention and describe briefly the mechanisms for coordination among relevant authorities for the fishing sector . According to the SEA , competent authorities for the purpose of the application of the Convention are Estonian Maritime Authority, Labour Inspectorate and Health Board. Responsibilities of fishing vessel owners, skippers and fishers Article 8 Paragraph 1. Please indicate how it is ensured in nation al law and practice that the fi shing vessel owner has the overall responsibility for providing the necessary resources and facilities to enable the skipper to comply with the obligations of the Convention. Paragraph 22 of the SEA sets out o bligations of operator . Basic obligations for the employer are set out in the ECA and the SEA provides additional obligations for operators. According to the SEA, an operator is required, above all, to: e nsure that the master of a ship has the means necessary for the performance of obligations prescribed by law, a collective agreement or a seafarer’s employment contract; ensure safe working and living conditions and compliance with health protection requirements on board ships; introduce to the crew members upon their employment and during working the fire safety, occupational safety, occupational health, and environmental protection requirements as well as the rules of organisation of work established by the operator on board the ship; ensure at the operator’s own cost that the crew members have the work clothing, special protective clothing and habiliments as well as the personal protective equipment necessary for the performance of work; provide the crew members with information about last month’s wages which have been calculated and paid or which are subject to payment, including information about the currency exchange rate if necessary, unless agreed otherwise; perform other obligations prescribed by law, a collective agreement or a seafarer’s employment contract. More specific obligations for operator and master of the ship regarding occupational safety and health are regulated in the Government regulation no 173 regarding occupational health and safety requirements for fishing vessels. According to paragraph 2 of this regulation, ship owner is obligated to: provide a fishing vessel with rescue facilites in accordance with the Maritime Safety Act; ensure that the fishing vessel has a muster list determining the duties of each crew member in the event of an emergency ; ensure that survival drills are carried out at least once a month; ensure that fishing vessel, its installations and equipment is maintained and regularly inspected. When detecting potential sources of danger, they must be immediately eliminated or access to them must be restricted ; provide crew members with personal protective equipmen t and arrange training for the use of personal protective equipment . Protective clothing given to the crew members must be brightly colored, clearly visible and distinct from the general background of the marine environment ; ensure that the fishing vessel is equipped with necessary medicines and medical devices . Paragraph 2. Please indicate how it is ensured in national law and practice that the skipper has responsi bility for the safety of the fi shers on board and the safe operation of the vessel. Paragraph 30 section 1 of the SEA provides that the o perators shall ensure safe and healthy working environment conditions for crew members and take measures for preventing accidents in compliance with the Occupational Health and Safety Act. According to the s ection 2 of the same paragraph o perators is obligated to arrange for the crew members’ occupational health and safety training before they commence work on board ship. Occupational health and safety related ins tructions on board ship are provided by the master of the ship. More specific obligations for operator and master of the ship regarding occupational safety and health are regulated in the Government regulation no 173 regarding occupational health and safety requirements for fishing vessels. According to paragraph 2 of this regulation, master of the ship is obligated to : ensure that occupational health and safety requirements are met in every work-related situation, taking into account all hazards that crew members may be exposed to ; ensure that rescue equipment of the fishing vessel is in good working order and immediately available, if necessary. Rescue equipment is checked by the person designated by the master of the ship each time before the departure of fishing vessel from the port ; ensure that crew members who are assigned to work with fishing gear or fishing vessel anchorage, hanging and lifting equipment have been trained for their safe use ; ensure that i n the event of an emergency situation, all crew members are immediately notified of the danger and of the measures to be taken and, if necessary, call for assistance. to record in the logbook of the fishing vessel any case that has, or could have, affected the safety or health of the crew members . Paragraph 62 of the Merc hant Shipping Code stipulates that t he master is responsible for the general management of the ship, including navigation, applying all measures necessary for ensuring safe navigation, maintaining order on the ship, and preventing anything that could harm the ship or the persons or cargo on board the ship. Orders issued by the master within the limits of his or her authority shall be obeyed without argument by all persons on board the ship. According to paragraph 14 of the SEA, crew members are obligated to comply with the lawful orders of the operator, the master of the ship or another competent person in a timely and precise manner and to comply with the requirements for order and safety established on the board the ship . Paragraph 3. Please indicate how it is ensured in national law and practice that the skipper is free from constraint on the part of the fishing vessel owner to take any decision that he or she deems necessary for the safety of the vessel and its safe navigation and safe operation, or the safety of the fi shers on board. Part III. Minimum requirements for work on board fishing vessels Minimum age Article 9 P aragraphs 1 and 2. Please confi rm that the min imum age for work on board a fi shing vessel is 16 years. Please indicate whether a minimum age of 15 is authorized for persons who are no longer subject to compulsory schooling and who are engag ed in vocational training in fi shing. Please also indicate whether persons of 15 years of age are authorized to perform light work during school holidays, and if so, specify the kinds and conditions of work permitted, including the periods of rest required, and provide information on the consultations which have taken place in this connection. The minimum age for working on board fishing vessel is 16 years. According to paragraph 12 of the SEA, it is prohibited to enter into a seafarer’s employment contract with minors under the age of 16 or permit such minors to work. There are no exceptions for minimum age provided specially for fishing vessels. General principles for employment of minors are stipulated in the ECA. Paragraph 7 of the ECA provides that it is prohibited to enter into an employment contract with a minor under 15 years of age or a minor subject to the obligation to attend school , or allow such a minor to work, except in the cases provided for in the ECA. An employer shall not enter into an employment contract with a minor or allow a minor to work if the work: is beyond the minor’s physical or psychological capacity; is likely to harm the moral development of the minor; involves risks which the minor cannot recognise or avoid owing to lack of experience or training; is likely to hinder the minor's social development or the acquisition of his or her education; is likely to harm the minor’s health due to the nature of the work or the working environment. The list of the work and hazards is established by the Government of the Republic by a regulation. An employer may enter into an employment contract with a minor of 13–14 years of age or a minor of 15–16 years of age subject to the obligation to attend school and allow him or her to work if the duties are simple and do not require any major physical or mental effort (light work). Paragraphs 3, 4 and 5. Please con fi rm that the minimum age for assignment to activities on board fi shing vessels which by their nature or the circumstances in which they are carried out are likely to jeopardize the health, safety or morals of young persons, is not less than 18 years and specify the respective activities concerned, as determined by national laws or regulations, or established by the competent authority after consultation. Please further indicate whether the performance of those activities as from the age of 16 is authorized on condition that the health, safety and morals of the young persons concerned are fully protected, that the young persons concerned have received adequate specifi c instruction or vocational training and that they have completed basic pre-sea safety training. Please see answers to paragraph 1 ja 2. The list of the work and hazards is established by the Government of the Republic by a regulation. This list includes physical, chemical and biological agents as well as production processes and other work. However, the regulation allows an exception in case of apprenticeship if the apprentice works under th e supervision of apprenticeship instructor or working environment specialist and all measures have been applied to ensure health and safety of the minor. According to OHSA paragraph 13 section 1 point 5 2 , employer has a n obligation to notify a minor and a legal representative of a minor under 15 years of age of risks related to the work of the minor and of the measures implemented for the protection of his or her safety and health. According to point 13, before an employee commences work or changes jobs, employer must arrange for the employee to receive occupational health and safety instructions and training corresponding to the employee’s position and occupation. Instruction or training shall be repeated if the work equipment or te chnology is changed or upgraded. Paragraph 6. Please con firm that the engagement of fi shers under the age of 18 for work at night is prohibited an d that the term “night” is defi ned to cover a period of at least nine hours starting no later than midnight and ending no earlier than 5 a.m. Please also indicate whether provision is made for exceptions to the night work restriction when t he effective training of the fi shers concerned would be impaired, or when the specifi c nature of the duty or a recognized training programme so requires and the competent authority determines after consultation that the night work will not have a detrimental impact on the fi shers’ health or well-being. According to paragraph 49 of the ECA, employee who is subject to the obligation to attend school is not allowed to work from 20:00 to 6:00. E mployee who is 15–17 years of age and not subject to the obligation to attend school is not allowed to work from 22:00 to 6:00. Paragraph 45 of th e SEA makes an exception to these rule s , providing that the restriction provided for in the ECA shall not be applied to requiring a minor crew member to work if the minor works as part of his or her schooling or on-the-job training and working will not harm his or her health or well-being. An agreement by which an employee subject to the obligation to attend school undertakes to perform work immediately before the start of a school day is void. Medical examination Article 10 P aragraphs 1 and 2. Please confirm that fi shers are not allowed to work on board a fishing vessel without a valid medical certificate att esting to fi tness to perform the ir duties. Please also indicate whether any exemptions may be granted by the competent authority, after consultation, taking into acco unt the safety and health of fi shers, size of the vessel, availability of medical assist ance and evacuation, duration of the voyage, a rea of operation and type of fi shing operati on. In answering this question, please also refer to any use of the progressive implementation provision in Article 4(1). According to paragraph 26 of the MSA, p ersons wishing to enter into a seafarer's contract of employment shall, before entry into the seafarer's contract of employment, undergo a prior medical examination to establish their state of health and suitability for work on board a ship. Paragraph 3. Please confi rm that any such exemptions do not apply to fishers working on fishing vessels of 24 metres in length and over or which normally remain a t sea for more than three days. Please indicat e whether in urgent cases, a fi sher is permitted to work on such a vessel for a limited and specifi ed d uration until a medical certifi cate can be obtained provided that the fisher is in possession of an expired medical certifi cate of a recent date. In answering this questio n, please also refer to any use of the progressive implementation provision in Article 4(1). No such exclusions under this article . Article 11 Please give particulars of the laws, regulations or other measures providing for the nature and frequency of medical examinations, the form, content and period of validity of medical cer tificates, and the issue of a medical certificate by a duly qualifi ed medical practitioner. According to the paragraph 32 of the SEA, c rew members shall undergo a prior medical examination and a regular medical examination pursuant to the procedure provided by the Maritime Safety Act (MSA) . According to pargraph 26 of the MSA, s tudents at a maritime educational institution in the formal educational system, while studying, and crew members, during employment, shall regularly undergo a medical examination to establish their state of health and suita bility for work on board a ship. The prior medical examination of persons who commence studies at a maritime educational institution in the formal educational system and persons wishing to enter into a seafarer's contract of employment and the regular medical examination of crew members and students at a maritime educational institution in the formal educational system shall be conducted by medical practitioners approved by the Health Board for the conduct of medical examination. Paragraph § 26 1 of the MSA stipulates that t he Health Board shall approve the following medical practitioners as persons who conduct medical examination: 1) persons who are registered in the state register of health care professionals of the Health Board as medical practitioners and have acquired the speciality of specialised medical care; 2) persons who have completed a 18-hour or 30-hour training in maritime medicine for persons who conduct medical examination which is organised by the Ministry of Social Affairs or an authority in its area of government or conducted by the University of Tartu, and the 18-hour training grants the medical practitioner the competence to examine the health of crew members of ships engaged in coastal shipping and inland vessels, and the 30-hour training grants the medical practitioner the competence to examine the health of crew members of vessels of all navigation areas and persons who commence studies and students at a maritime educational institution in the formal educational system. The requirements for the state of health, the procedure for the medical examination and the format of health certificates is established by the Government of the Republic. Government regulation no 51 regarding s tate of health and medical examination of persons wishing to enter into seafarer's contract of employment, crew members and persons who commence studies or study at maritime educational institutions sets out requirements for medical examinations and health requirements . According to p aragraph 1 of the Government regulation no 51, c rew member must be physically and mentally capable of performing work and rescue tasks and may not have any health problems or health co nditions which may endanger his/ her or others’ life and health. The regulation sets out requirements for hearing, eye sight and medical indications. According to paragraph 5 of the regulation, persons wishing to enter into a seafarer's contract of employment shall undergo a medical examination not earlier than three months before entering into seafarer’s contract of employment. Following persons must undergo a regular medical examination: seafarer under 18 years of age once a y e a r, exept students at a maritime educational institution, when student does not have seagoing practice; seafarer over 18 years of age every two years; Also, seafarer must undergo regular medical examination in case of presence of a relative contraindication during the medical examination, as decided by the medical examiner, but not less than once a year . In addition to that, seafarer must undergo medical examination when he/she: transfers to another position with more stringent health requirements ; has been on the sick le av for 30 days or longer ; has been discharge d from the ship for health reasons. According to paragraph 10, person conducting medical examination conducts seafarer’s medical examination, p erforms or arranges the required and where necessary additional health examinations , and consults with other specialised medical professionals if necessary . Person conducting the medical examinations decides, taking into account seafarer’s state of health, whether seafarer is fit to work on a ship or not. Based on seafarer’s state of health, person conducting medical examination could set restrictions on seafarer's profession, post , navigation area or period of validity of the medical certificate . Person conducting medical examination issues seafarer a medical certificate in acc ordance with the form in Annex of the regulation with the expiry date of: up to 1 year if relative contraindication is discovered during the medical examination ; 1 year to seafarer under 18 years of age; 2 years to seafarer over 18 years of age. Article 12 Please indicate any specific requirements concerning the medical examination of fishers working on vessels of 24 metres in length and over, or vessels which normally re main at sea for more than three days. In particular, please confirm that in this case the medical certifi cate contains, at a minimum, a statement that the hearing and sight of the fisher concerned are satisfactory for the fisher’s dut ies and that 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 he alth of other persons on board. Please also conf ir m that the period of validity of the medical certifi cate does not exceed two years except for fishers under the age of 18 in which case the period of validity o f the medical certificate does not exceed one year. Please further confirm that when a medical certif i cat e expires in the course of a voyage, it remains in force until the end of that voyage. According to paragraph 12 of the Government regulation no 51 regarding state of health and medical examination of persons wishing to enter into seafarer's contract of employment, crew members and persons who commence studies or study at maritime educational institutions , person conducting medical examination issues seafarer a medical certificate in acc ordance with the form in Annex of the regulation with the expiry date of: up to 1 year if relative contraindication is discovered during the medical examination ; 1 year to seafarer under 18 years of age; 2 years to seafarer over 18 years of age. Form of the medical sertificate issued is available in Estonian and in English: https://www.riigiteataja.ee/aktilisa/1110/7201/2014/VVm_51_2005_lisa5_uus.pdf# Part IV. Conditions of service Manning and hours of rest Article 13 Please provide particulars of the laws, regulations or other measures requiring owners of a fishing ve ssel flying the national fl ag to ensu re that their vessels are suffi ciently and safely manned for the safe navigation and operation of the vessel and under the control of a competent skipper and also that fishers are given regular periods of rest of su ffi cient length to ensure safety and health. Requirements for manning are stipulated in MSA. Paragraph 21 of the MSA states that a ship shall be manned with specialists who conform to the qualification requirements established with regard to crew members, who hold certificates of competency and professional certificates according to the requirements and who have b een entered in the crew list. A person who has received appropriate training and who has been issued a corresponding certificate of competency, professional certificate or other certificates in the cases prescribed by legislation may work as a crew member in the corresponding position. A ship with an overall length of less than 12 metres may be navigated by a person who holds a certificate of a skipper of a recreational craft or another certificate of competency or professional certificate as a deck officer. A certificate of competency or professional certificate as a ship's officer shall include an endorsement issued by the Maritime Administration which gives the holder thereof the right to work in the positio n indicated in the endorsement. The minimum crew is the smallest number of specialists necessar y for a ship to be used safely. The requirements for determination of the minimum crew for passenger ships and for ships with a gross tonnage of 20 or more shall be established by the minister r esponsible for the area. The endorsement to a certificate of competency or professional certificate of a ship’s officer may be suspended or revoked upon commission of an act which poses a direct threat to navigation. The endorsement to a certificate of competency or professional certificate is revoked if, in order to be granted the endorsement, the person has submitted a document which is falsified, obtained by fraudulent means or contains false information which was of material importance upon issue of the endorsement, while being aware of the false information. In such case, issue of a new endorsement to the person shall be suspended for o ne year. The certificates of competency and professional certificates certifying the qualifications of crew members shall be kept available in their original form on board the ship on which the holders are serving. According to paragraph 22 of the MSA, a minimum safe manning certificate of a ship is a document pursuant to which the minimum c rew of the ship is established. Minimum safe manning certificates of ships are issued by the Maritime Administration. The Maritime Administration shall revoke a minimum safe manning certificate if the condition of the technical equipment of the ship does not ensur e safety with the minimum crew. Paragraph 23 of the MSA stipulates that a ship is prohibited from leaving the port if a minimum crew has been established for the ship by a minimum safe manning certificate but the number of crew members is smaller than prescribed thereby or if the composition of the crew does not comply with the minimum requirements established for the safe manning of the ship. This requirement does not apply if the ship has been permitted to leave by the competent authority of the flag state of the ship. Regulation no 36 of the Minister of Economic Affairs and Communications regulates requirements for determination of the minimum crew for passenger ships and for ships with a gross tonnage of 20 or more . According to paragraph 5 of this Regulation, following aspects are taken into consideration when determining minimum crew: Size and type of the ship; Type, capacity , number of main engines and support machines; the degree of automation of the ship ; construction and equipment of the ship; technical maintenance practice; towed cargo; the frequency of visits to ports, the length and nature of the trip ; navigation area; the frequency of exercises on board ; work and rest time restrictions ; safety of ship. According to paragraph 7 of the Regulation no 36, there are also additional requirements for determining minimum crew. In addition to other things, t he total number of crew members required in case of accumulation of shipboard work at the same period of time taking into account the number of working hours established and rest periods must be taken into consideration. Rest time of the seafarers is regulated in the SEA. According to paragraph 48 of the SEA, a n agreement by which a crew member is left with less than ten hours of rest time over a period of 24 hours is void. Over a period of 24 hours the rest time may be divided into two periods, provided the duration of one period is at least six consecutive hours. The time between two consecutive rest times may not exceed 14 hours. Paragraph 49 of the SEA stipulates that a n agreement by which a crew member is left with less than 84 hours of rest time over a period of seven days is void. Exceptions to this restriction may be made by a collective agreement, provided working will not harm the health or safety of the employee and the crew member is left with at least 77 hours of rest time over a period of seven days. A lso, a n agreement by which a watchkeeper is left with less than 77 hours of rest time over a period of seven days is void. The weekly rest time includes the daily rest time . Article 14 Paragraph 1. Please specify the minimum level of manning, i.e. th e number and qualifications of fi shers, which has been established for the safe navigation of vessels of 24 metres in length and over. Please also specify the minimum hou rs of rest to be provided to fi shers w orking on vessels regardless of size that remain at sea for more than three days, which have been establ ished after consultation and in accordance with the limits set out in subparagraph (b). See answers to questions under article 13. Paragraph 2. Please indicate whether temporary exceptions to the m inimum hours of rest specified in paragraph 1, subparagraph (b) are pe rmitted for limited and specifi ed r easons, and if so, please confi r m that in such circumstances fi shers receive compensatory periods of rest as soon as practicable. According to paragraph 46 of the SEA, t he master of a ship may require a crew member to work during the crew member’s rest time if it is necessary for ensuring the safety of the ship, the persons on board the ship or the ship’s cargo or for helping persons or ships in distress at sea. Working may be required until the norm al situation has been restored. When the normal situation has been restored, the master of the ship shall ensure at the first opportunity for the crew member who worked during his or her rest time additional rest time to the extent equal to the time worked. Paragraph 42 of the SEA states that t he working time of watchkeepers shall be divided into periods of time of watchkeeping if the voyage lasts for at least 12 hours without interruptions. For good reasons, an exception to the restriction on daily rest time may be made for a watchkeeper in order to keep the ship in operation, provided the daily rest time is not divided within a period of twenty-four hours into more than three periods, one of which shall be at least six consecutive hours and the rest of the periods shall be at least one hour. The time between two consecutive rest times may not exceed 14 hours. The exception to the daily rest time specified in this subsection may only be applied within two periods of tw enty-four hours per seven days. Also, f or good reasons, an exception to the restriction on weekly rest time may be made for a watchkeeper in order to keep the ship in operation, provided the rest time within a period of seven days is at least 70 hours; whereas, such an exception is only permitted within two consecutive weeks. The operator may only apply such an exception to the restriction on rest time after a period of time equal to two periods of applicati on of the exception has passed. In organising watchkeeping, the operator shall apply measures for preventing overfatigue and unjustified overtime work. The same provisions are also applied to crew members engaged in ensuring safety, the prevention of environmental pollution, and security. Paragraph 3. Please indicate whether any alternative requirements to those set out in paragraphs 1 and 2 are established after consultation, and if so, please show in what manner these requirement s are substantially equivalent and do not jeopardize the safety and health of the fi shers. No alternative requirements have been established. Paragraph 4. Please indicate whether under the laws and regulations in force the skipper of a fishing vessel is entitled to suspend the schedule of hours of rest and require a fisher to perform any hours of work if the immediate safety of the vessel, of the persons on board, or of the catch so requires, or in case assistance needs to be given to other boats, or ships or persons in distress at sea. If so, please confi rm that fi shers who have performed work in a scheduled rest perio d are provided with an adequate period of rest as soon as practicable after the normal situation has been restored. See answers to paragraph 1 under this article. Crew list Article 15 Please describe the procedures for establishing a crew list on boar d every fishing vessel and for communicating a copy of it to authorized persons ashore prior to or immediately after departure of the vessel. Please also specify to whom, when and for what purpose such information is to be provided. Please provide a specimen copy of any standard crew list form that m ay be in use. In answering this question, please also refer to any use of the progressive implementation provision in Article 4(1). According to paragraph 4 of the SEA § 4, c rew members shall be entered in the crew list. Regulation concerning crew list is included in the Government Regulation no 194 on p rocedures for entry into and exit from the inland sea, ports and transboundary waters belonging to Estonia for ships and recreational craft . According to paragraph 4 of this regulation, when entering the port or before departure from the port, ship’s agent, master of the ship or operator has an obligation to provide, inter alia, crew list and passenger list (to Police and Border Guard Board, Tax and Customs Board, harbour master, regional office of Health Board) . Information is provided via Electronic Maritime Document Exchange . Crew list is dated and signed by the master of the ship or a member of the ship's management authorized by the master. Form of the standard crew list is avalilable in Estonian and in English: https://www.riigiteataja.ee/aktilisa/1280/6201/7060/Lisa_2.pdf# Fisher’s work agreement Article 16 Please provide particulars of the laws, regulations or other measures requiring that fishers working on vessels fl ying the national fl ag have the protection of a fi sher’s work agreement containing at a minimum the detailed particulars set out in Annex II. According to the SEA paragraph 4 , crew members shall enter into a seafarer’s employment contract. Generally, employment contracts in Estonia must include at leats following data (ECA paragraph 5): the name, personal identification code or registry code, place of residence or seat of the employer and the employee; the date of entry into the employment contract and commencement of work by the employee; a description of duties; the official title if this brings about a legal consequence; the agreed remuneration payable for the work (wages), including remuneration payable based on the economic performance and transactions, and the manner of calculation, the procedure for payment and the time of falling due of wages (pay day), also taxes and payments payable and withheld by the employer; other benefits if agreed upon; the time when the employee performs the agreed duties (working time); the place of performance of work; the duration of holiday; a reference to the terms for advance notice of cancellation of the employment contract or the terms for advance notice of cancellation of the employment contract; a reference to the rules of work organisation established by the employer; a reference to a collective agreement if a collective agreement is applicable with regard to the employee. In ad dition to that provided for in pargraph 5 of the ECA , a written document of a seafarer’s employment contract shall , according to paragraph 9 of the SEA, include at least the following information: the place of birth of the crew member; the place where the crew member shall commence work; the ship or ships where work shall be commenced and the ship’s registration number; a reference to the health and social security guarantees offered by the operator, including to the benefits in connection with work-related illnesses or injuries or death caused by an occupational accident; a reference to the organisation of repatriation of the crew member; a reference to the conditions of and the procedure for the cancellation of the seafarer’s employment contract, including to the terms of advance notice of the cancellation of the seafarer’s employment contract. In addition to this data, according to paragraph 10 of the SEA , a written document of an employment contract of a crew member employed on a fishing vessel shall include information concerning the upcoming fishing voyage if it can be specified at the time of the entry into the seafarer’s employment contract. A written document of an employment contract of a crew member employed on a fishing vessel need not include information about the time and place of commencement of work if such information cannot be specified beforehand. Article 17 Please describe the pr ocedures for ensuring that a fi sher has an opportunity to review and seek advice on the terms of the fi sher’s work agreement before it is concluded. Please also give details about the laws, regulations or other measures adopted regarding the mainte nance of records concerning the fi sher’s work under such an agreement and the means of settling disputes i n connection with the fisher’s work agreement. According to paragraph 8 of the SEA, p ersons applying to become a crew member have the right to examine the terms and conditions of the contract in the course of pre-contractual negotiations as well as to seek advice on such terms and conditions. Paragraph 5 of the ECA stipulates that t he employer shall preserve the written employment contract during the term of validity of the employment contract and for ten years after the expiry of the employment contract. Fishers have same possivbilites for settling disputes as regular employees. Before turning to court, a labour dispute between the employer and employee emanating from the employment contract conditions or the application of a legal act can be solved at the labour dispute committee. If parties have not come to an agreement in negotiations, it is suggested to turn to the labour dispute committee. Resolving a dispute at a labour dispute committee is stipulated in the Individual Labour Dispute Resolution Act. The committee formation order is laid down by the resolution „Labour dispute committee statutes “ by the Government of the Republic. The committee reviews disputes arisen from employment contracts. Labour disputes are resolved by labour dispute committees of the corresponding region of the Labour Inspectorate. If the parties disagree with the decision of the labour dispute committee, they may have recourse to court for the hearing of the same labour dispute matter within 30 calendar days as of the receipt of the decision of the labour dispute committee. Article 18 Please confirm that the fisher’s work agreement must be carried on board and be available to the fisher and, in accordance with national law and practice, to other concerned parties on request. According to paragraph 26 of the SEA, o n board ships, except for ships engaged in navigating in the inland waters or coastal shipping, inter alia copy of the seafarer’s employment contract and of collective agreements must be made available for the crew members. Article 19 There are no exceptions under this article. Article 20 Please confirm that it is the responsibility of the fishing vessel owner to ensure that each fisher has a written fisher’s work agreement signed by both the fisher and the fishing vessel owner or by an authorized representative of the fishing vessel owner. Where fishers are not employed or engaged by the fishing vessel owner, please confirm that the fishing vessel owner is required to have evidence of contractual or similar arrangements. In answering this question, please also refer to any use of the progressive implementation provision in Article 4(1). Requirement for written employment contract is stipulated in paragraph 4 of the ECA. An employment contract shall also be deemed entered into if an employee commences work which, under the circumstances, can be expected to be done only for remuneration . Also, according to paragraph 11 of the Law of Obligations Act, a written contract is deemed to have been entered into when the parties have signed the contract or have exchanged contractual documents or letters signed by both parties . Repatriation Article 21 Paragraphs 1 and 3. Please confirm that fishers on a fi shing vessel flying the national fl ag that enters a foreign port are entitled to repatriation in case the fi sher’s work agreement has expired or has been terminated for justifi ed reas ons by the fisher or by the fi shing vesse l owner, or in case the fi sher is no longer able to carry out his or her duties or cannot be expected t o carry them out in the specifi c circumstances. Please give details about the laws, regulations or other measures setting out the precise circumstances entitling a fisher to repatriation, the service period on board af ter which a fi sher is entitled to repatriation a nd the destinations to which fi shers may be repatriated. According to paragraph 55 of the SEA 55 a n operator, except for an operator of a ship engaged in navigating in the inland waters or coastal shipping, is required to organise the repatriation of a crew member at its own expense when: the seafarer’s fixed term employment contract expires after the passing of the deadline; the operator or the crew member extraordinarily cancels the seafarer’s employment contract; the crew member is granted a holiday; the crew member cannot temporarily carry out the seafarer’s employment contract or he or she cannot be expected to perform the duties arising from the seafarer’s employment contract, above all in the case a crew member’s illness or injury does not allow for the crew member to be treated on board ship and in the case when a crew member may disembark from a ship and demand that the operator change the place of wor k and the crew member left behind in a foreign state for treatment due to an illness or injury is not able to return to the ship after the end of the treatment ; there has been a shipwreck. The operator shall organise a crew member’s repatriation to the territory of the Republic of Estonia, to the place of entry into the seafarer’s employment contract, to a place agreed upon by a collective agreement or to the crew member’s country of residence, unless the parties have agreed otherwise. If the crew member is not allowed to enter the territory of the destination of the repatriation or securities which the crew member is not able to provide are required of him or her, the operator shall organise the crew member’s repatriation to another destination (paragraph 56 of the SEA) . Paragraphs 2 and 4. Please confirm that the fi shing vessel owner must cover the repatriation cost except where the fi sher is found to be in serious default of his/her obligations under the work agreement. For vessels flying the national fl ag, please describe the arrangements that are in place for the repatriation of the fisher in case a fi shing vessel owner fails to provide for it, and for the subsequent recovery of the cost f rom the fi shing vessel owner. As stated before, SEA 55 stipulates that an operator, except for an operator of a ship engaged in navigating in the inland waters or coastal shipping, is required to organise the repatriat ion of a crew member at its own. T he obligation of the operator to organise repatriation is deemed to be performed if the crew m ember refuses the repatriation. If the operator is not able to perform the obligation to organise repatriation or a corresponding contractual obligation above all due to its insolvency, the operator is required to make use of the financial security specified in the ECA to compensate for the costs of the r epatriation of the crew member. Paragraph 59 of the SEA provides for s ecurity for compensation for costs of organisation of repatriation . An operator, except for an operator of a ship engaged in navigating in the inland waters or coastal shipping, is required to prescribe a sufficient financial security for compensating for the costs of the organisation of the repatriation. The security may be, among others, the obligation of an insurance company or a credit institution located in Estonia or in a state which is a contracting party to the EEA Agreement to gua rantee the corresponding funds. The amount of the security shall be calculated on the basis of the total number of the crew members and the expected costs necessary for the performance of the operator’s obligations. Crew members may not be required to make an advance payment to cover t he costs of their repatriation. Also, t he costs of a crew member’s repatriation may not be offset by the crew member’s claim for wages . If the operator extraordinarily cancels a seafarer’s employment contract due to a violation of duties or the crew member’s illness or injury which the crew member withheld upon the entry into the seafarer’s employment contract or which he or she intentionally inflicted on himself or herself, the operator may require the crew member to compensate for the co sts of his or her repatriation. The operator may offset the costs by the crew member’s claim for wages without the crew member’s consent. According to paragraph 57 of the SEA, t he repatriation of a crew member shall be organised in the most reasonable way considering the interests of both parties, preferably using air transport. The operator shall bear the costs of transporting a crew member’s luggage of up to 3 0 kilograms to the destination. Paragraph 58 of the SEA provides that o perators shall also bear the costs of a crew member’s food, catering and accommodation as of the departure of the crew member from the ship until his or her arrival at the destination of repatriation. Paragraph 60 of the SEA sets out rights and obligations of state in organising repatriation of crew members . The state shall organise, free of charge, the repatriation of a crew member to a destination if: the operator failed to organise the crew member’s repatriation pursuant to the procedure provided for the SEA ; or the costs of the crew member’s repatriation were not compensated for by using the security. In these cases , a crew member has the right to demand that the state organise his or her repatriation. The crew member is required to disclose the facts serving as a basis for the right to repatriation. The repatriation of a crew member shall be organised and the manner and destination of the repatriation shall be decided by the Estonian Maritime Administration. State authorities, above all the Ministry of Foreign Affairs, shall render assistance according to their competence to the Estonian Maritime Administration for the organisation of repatriation. The Estonian Maritime Administration has the right to involve other persons in the organisation of repatriation if it compensates the persons for any c osts incurred, if necessary. The costs of a crew member’s repatriation shall be covered from the reserve fund of the Government of the Republic pursuant to the procedure set out in the State Budget Act. The Estonian Maritime Administration has the right of claim against the operator for the compensation of the costs incurred in the organisation of a crew member’s repatriation. The right of claim includes, above all, the use of the security provided for in the SEA. Paragraph 5. Please confi rm that relevant laws and regulations do not prejudice any right of the fi shing vessel owner to recover the cost of repatriation under third party contractual agreements. According to paragraph 59, a n operator, except for an operator of a ship engaged in navigating in the inland waters or coastal shipping, is required to prescribe a sufficient financial security for compensating for the costs of the organisation of the repatriation. The security may be, among others, the obligation of an insurance company or a credit institution located in Estonia or in a state which is a contracting party to the EEA Agreement to gua rantee the corresponding funds. The amount of the security shall be calculated on the basis of the total number of the crew members and the expected costs necessary for the performance of the operator’s obligations . Recruitment and placement Article 22 Recruitment and placement of fishers Paragraph 1. Please indicate whether a public service providing recruitment and placement for fi shers operates in your country, and if so, please specify how it is ensured that the service in question forms part of, or is coordinated with, a public employment service for all workers and employers. Under Labour Market Services Act and Benefits Act, Estonian Unemployment Fund provides labour market services for all unemployed people. Labour market services also include labour mediation. According to paragraph 12 of this Act, j ob mediation is finding suitable work for unemployed persons and job-seekers, and finding suitable employees for employers . There is no specialised public service providing recruitment and placement for fishers. Paragraphs 2 and 3(c). Please indicate whether private recruitment and placement services for fi shers are authorized in your country and, if so, please give information about the system of licensing, certifi cation or other form of regulation applicable to the operations of private recruitment and placement services for fi shers, as well as on the consultations preceding the establishment or modifi cation of such system or regulation. Please also provide particulars of the national laws, regulations or other measures setting out the conditions under which such services can operate, specifying in particular the conditions u nder which the licence, certifi cate or similar authorization of a private recruitment or placement service may be suspended or withdrawn in case of violation of relevant laws or regulations. Private recruitment and placement services for fishers are authorized in Estonia. Paragraph 70 of the SEA states that c rew members’ employment placement service means offering suitable work for a person looking for employment on board ship and a suitab le crew member for an operator. According to paragraph 14 of the General Part of the Economic Activities Code Act , i n the cases provided by law an undertaking is required to submit a notice to the registrar on commencement of economic activities in a relevant area of activity prior to commencement of economic activities . Paragraph 38 of the Labour Market Services and Benefits Act, a n undertaking shall submit a notice of economic activities in order to operate in t he following areas of activity: finding work for job-seekers and necessary labour force for employers (job mediation); acting as intermediary of temporary agency work. According to paragraph 71 of the SEA, in order to provide employment placement services for crew members, an employment placement service provider shall submit a notice of economic activities according to the General Part of the Economic Activities Code Act. The notice of economic activities shall include the undertaking’s written confirmation that it will comply with the obligations provided for in the paragraphs 70 (2) (not asking person a fee for employment placement services) and 72 (1) (obligations of employment placement service provider) . Employment placement services provider is not able to submit a notice of economic activities unless he or she confirms compliance with named provisions. Paragraph 72 of the SEA lays out o bligations of employment placement service provider . According to this paragraph, a n employment placement service provider who mediates a crew member for a ship with a gross tonnage of 200 or more, engaged in international shipping, shall: keep record of crew members employed through an offer made within the employment placement services, whereas such records shall be made available for a supervisory authority for verification; make sure that the crew member is informed of the rights and obligations included in the seafarer’s employment contract to be entered into by ensuring the crew member the possibility to examine the seafarer’s employment contract before and after signing it, as well as the receipt of the seafarer’s employment contract; verify that the crew member has the qualification required and documents necessary for commencement of work; verify that the seafarer’s employment contract is in compliance with valid legislation and a collective agreement if such a collective agreement applies to the crew member; for one year after the entry into a seafarer’s employment contract, preserve the contracts of employment of crew members employed through the employment placement service provider, whereas the seafarers’ contracts of employment shall be made available for a supervisory authority for verification; within reason, engage in monitoring as to whether the operator has means to protect the crew member in the case the crew member is detained in a foreign port; apply measures for settling complaints filed against it, notifying the supervisory authority of every unsettled complaint. Any proprietary damage suffered by a crew member due to an employment placement service provider’s failure to perform its obligations or improper performance of obligations shall be compensated for by the service provider pursuant to the procedure provided by the Law of Obligations Act. According to paragraph 71 of the SEA, t he Labour Inspectorate may prohibit an employment placement service provider from engaging in economic activities due to a fundamental breach of the requirements set for economic activities. A fundamental breach is, above all, askin g person looking for employment a fee for the employment placement services and breach of o bligations of employment placement service provider set out in the paragraph 72(1) of the SEA. Paragraph 3(a) and (b). Please give particulars of the national laws, regulations or other measures prohibiting recruitment and placement services, whether public or private, from using means, mechanisms or lists intended to prevent or deter fi shers from engaging for work, and also requiring that no fees or other charges for recruitment or placement be borne directly or indirectly, in whole or in part, by the fi shers concerned. According to paragraph 70 of the SEA, l egal persons in private law or sole proprietors providing employment placement services may not charge, directly or indirectly, a person who has contacted them for the purpose of finding employment a fee for the employment placement services. Only operators may be charged a fee for the employment placement services. Paragraph 71 of the SEA prohibits e mployment placement service providers from preventing, in any manner, crew members from finding employment corresponding to their qualification. Paragraphs 4 an d 5. If your country has ratifi ed the Private Employment Agencies Convention, 1997 (No. 181), please indicate whether any responsibilities under this Convention have been allocated to private employment agencies that provide the services referred to in paragraph 1(b) of Article 1 of that Convention, and if so, please explain how the respective responsibilities of any such private em ployment agencies and of the fi shing vessel owners have been determined and allocated in conformity with Article 12 of Convention No. 181. Estonia has not ratified the Private Employment Agencies Convention no 181. Payment of fishers Article 23 Please provide particulars of the laws, regulations or other measures requiring that fishers who are paid a wage receive a monthly or other regular payment. According to paragraph 3 of the SEA , t he operator shall remunerate the crew member for the work. Paragraph 33 of the ECA, an employer is obligated to pay wages to an employee once a month, unless a shorter term has been agreed on for payment of remuneration. Article 24 Please indicate how it is ensured that all fishers working on board fishing vessels are given a means to transmit all or part of their payments received, including advances, to their families at no cost. According to paragraph 23 of the SEA , r easonable costs related to the payment of wages shall be borne by the operator. On board ships with a gross tonnage of 200 or more, engaged in international shipping, the operator shall ensure that the crew members have the possibility to transfer their wages to the bank account of a third person. In the case of fishing vessels the said obligation applies on board ships with a gross tonnage of 300 or more. Part V. Accommodation and food Article 25 Relevant provisions regarding accommodation and food are brought out under following articles. Article 26 Please give particulars of the national laws, regulations or other measures which require that accommodation on board fishing vessels flying the national flag be of suffi cient size and quality and appropriately equipped for the service of the v essel and the length of time fi shers live on board, addressing the various aspects of crew accommodation mentioned in this Article. Please also show in what manner these provisions give full effect to the provisions of Annex III. In answering this question, please refer to any alternative requirements that may have been adopted in accordance with paragraphs 15 (headroom), 39 (fl oor area), 47 (berth dimensions) and 62 (sanitary facilities) of Annex III and provide information on the consultations which have been held in this respect. Requirements for accommodation on fishing vessels are set out in the Regulation of Government of the Republic No 112 concerning requirements for accommodation of crew members on board the ship. This regulation applies to all ships over 24 meters of length. Regulation is available online only in Estonian: https://www.riigiteataja.ee/akt/112072014174 . The regulation that applies to fishing vessels in English is as follows: Paragraph 3 - general requirements applicable to living spaces For crew member’s accommodation on board ship, safe and decent living space that also meet the requirements of the Government Regulation No 112 must be ensured. A crew member shall have at least the following facilities at the ir disposal: a cabin, a mess, a lounge, a hygiene room (hereinafter ship's living space ) together with appropriate equipmen t and technical communications. Living spaces must be separated from passengers' rooms and fishing vessels f rom fish processing facilities. C abins must be located above the waterline in the middle or at the stern of the ship. Cabin s may not be directly connected to cargo and engine rooms, galleys, storage rooms, drying rooms or public hygiene facilities. The partition separating the mentioned spaces from the cabins and the external partitions must be watertight and gas-tight and built of durable steel or other suita ble material. Living spaces must be located as far away as possible from powertrain, steering gear, gangway, ventilation, heating and air conditioning installations and other noise and vibration gene rating machinery and equipment. The clea n height of the fishing vessel crew members’ living spaces , internal corridor and exit path shall be at least 200 cm. Living spaces shall be heated, with adequate lighting, ventilation and water drainage from the floor. The bulkheads and ceilings of the crew housing shall be easy to clean and shall be covered with a d urable, light-colored interior paint. Materials used for the construction of interior partition , paneling, floors and connecting pathways of the living spaces must be feasible and promote the maintenance of a healthy environment, enable wet cleaning and disinfection, and preve nt static electricity build-up. Vessels engaged in voyages to areas with lots of mosquitos, must have exterior doors, openers and ventilation openings for living spaces with insect ne ts for protection from mosquitoes . Cleaning agents, cleaning machinery, cleansers and disinfectants used on board shall be kept in a separate room or ventilated cabinet. On board, the deck deparment and fishers must have a storage space for work-wear and a well ventilated drying room or equipment for drying work clothes. The cleanliness and good working conditions of living spaces are checked by the master of the ship or officer designated by the master , together with the crew member, once a week. The results of the check are fixed in a format which can be reproduced in writing and must be available for state supervision . The compliance of crew members’ living spaces with the requirements of the Goverment Regulation No 112 is checked upon entering or re-rentring the ship to the ship register, and after substantial changes to the living and resting rooms of the crew members. Paragraph 4 – cabins On board a ship, a crew member shall have at his /her disposal space in a cabin that is large enough and properly furnished to ensure satisfactory comfort and cleanliness. On a fishing vessel, there may be up to 4 crew members in one cabin. Men and women must be placed in separate cabi ns. If on a fishing vessel it is not possible to separate a cabin for men and women, the cabin shall be equipped with such equipment as to ensure adequate privacy. In addition to a cabin, on a ship with a capacity of 3000 or more gross tonnage master of the ship , chief mechanic and chief mate must have an office space, lounge or similar additional room next to the cabin . Paragraph 5 – requirements for cabins The floor area of ​​a cabins shall meet at le ast the following requirements (not including space for seats, closests, and chests and seating areas) : ship of 24-45 meters 1,5 m 2 for one crew members; ship over 45 meters 2 m 2 for one crew member. The cabin shall have a descendant or pull-out table or desk attached to the floor, necessary amout of comfortable seats, a mirror, a closet for placing personal belongings and a necessary number of clothe racks . The cabin shall have a lockable wardrobe with shelves and a locker or similar storage room for the per every crew member using the cabin. The wardrobe must have a volume of at least 475 liters and a locker or storage room a volume at least 56 liters. In the case of a wardrobe and storage space built together , its volume must be at least 500 liters. A crew member shall have a separate sleeping area (hereinafter referred to as " berth"). Berth 's internal dimensions must be at least 198 × 80 centimeters. The following requirements have to be taken into consideration when placing the berths : t here must be no more than two berths on top of each other. The berths should not be positioned next to each other so that the berth can be accessed only over the other berth ; on top of the berth located along the ship board there must be no second berth; in the case of berths placed above each other, the lower berth must be at least 30 cm high from the floor and the bottom of the upper berth should be located half way between the bottom of the lower berth and the ceiling . The operator shall provide each crew member with bed linen, towels and detergents on board. P a ra graph 6 – requirements applicable to rooms intended for catering The number, size and equipment of galleys, mess room or mess rooms and ancillary premises intented for catering shall be designed taking into account the number of crew members, the duration of the journey, the navigarion area, the pre-treatment of food and the possibilities for supplementing the food stock . The layout of the rooms shall ensure continuity of the technological process of food handling and food safety. The mess room shall be of sufficient size, properly furnished and equipped with the necessary equipment, taking into account the number of crew members using the mess room at the same time. The mess room shall be furnished with fixed or movable tables and seats, the number of which corresponds to the numbe r of crew members using the mess at the same time. The master of the ship and senior management and the rest of the crew members, shall, if possible, be provided and furnish ed separate mess rooms or separated spaced in mess room . Mess room must have equipment for preparing hot drinks and the possibility of getti ng cold drinking water, and a public ly available refrigerator for all crew members , capacity of which corresponds to the number of people using the mess rooms . Paragraph 7 – break room for crew members On board ship, crew members shall have at their disposal a break room, facilities and services adapted to the needs of crew members living and working on board. In the absence of a break room, resting facilities must be provided in the mess. Paragraph 8 – hygiene room for crew members A crew m ember must have a hygiene room with at least a toilet bowl, sink and bath or shower. The operator ensures the presence of soap and toilet paper. For crew members w hose cabin has no hygiene room , there must be a shar ed hygiene room on board the shi p , with at least one sink, bath or shower and a toilet bowl for every six crew members. The fishing vessel mu st have at least one toilet bowl for eight crew members. The hygiene room shall have an exhaust ventilation not connected to any other part of the living spaces. The joints of the floor and wall of the hygiene room are, if possible, curved to ensure better cleaning. If there are sever al toilet bowls in the hygiene room , they must be sufficiently separated to ensure privacy. A ship, other than a passenger ship, shall have a sink with hot and cold running drinking water in each cabin unless the sink is located in a cabin ’s hygiene room . The sink and bath must be made of an easily cleanable, smooth and, if necessary, disinfectant material. The bath must not be crack ed or corrode d. There should be hot and cold running drinking water in the washing stations. Paragraph 9 – washing facilities On board, crew members shall have the option of washing and drying the laundry in a laundry toom which is appropriate ly situated and equipped and where there is a possibility to iron the laundry. Work and protective clothing is washed separately from crew member’s other clothing. The ship must have a room or spaces for clean and dirty laundry to be kept separate. Paragraph 10 – swimmingpool If the vessel has a swimming pool, its water must meet the water quality requirements of the swimming pool established under the Public Health Act, unless the pool uses seawater. Seawater can be taken in the swimming pool from no less than 12 nautical miles from the shore. Paragraph 11 – indoor climate The following standards shall be observed in living spaces : air temperature of 21 ° C, with a tolerance of 3 ° C; relative humidity 40-60%, with a tolerance of 10%; the air velocity not more than 0,25 m / s. The cabin s and the mess rooms must have a ventilation system that provides adequate ventilation, adjusted to allow air to be with properly composition and adequate air circulation is ensured in all weather and climate conditions. The living space of a crew member shall be provided with air conditioning equipment, except for vessels regularly operating in temperate climate zone where climati c conditions do not require it. Vapor shall not be used for the transfer of heat in the accommodation area of crew members. Paragraph 12 – lightning The crew members’ living space shall be equipped with 24-hour electrical lighting, ensuring the minimum illumination as follows: i n cabin and break room: 100 300 lx h ygene room: 100 300 lx g alley: 300 500 lx s tair s and corridor: 100 lx The cabin and the mess room must have natural lighting, unless the cabins and the mess a re located below the waterline. Headboard or on the side of each berth must have a spotlight to provide adequate reading illumination. Paragraph 13 – noise level and vibration The noise level in crew rooms shall not exceed the following limits: in the cabin 60 dB; in the mess 65 dB; in the galley 75 dB. The level of vibration, infrared and ultrasound, ionizing and non-ionizing radiation in the crew living spaces shall not endanger the life and health of the crew member. Paragraph 14 – water supply Water for drinking, cooking and dish was hing and other household uses shall comply with drinking water requirements established under the Water Act. Only toilet bowls and swimming pools can be provided with seawater . The supply of drinking water intented as water for human consumption is determined by the purpose of the ship, the duration of the journey, the crew, and the number of passengers, the area of navigation and the possibilities for the stockpiling of drinking water. Drinking water shall be taken into closed drinking water tank s only from port’s public water supply in a recognized manner or drinking water is prepared on board the ship in the desalination plant. Drinking water tanks must be marked in Estonian and English (drinking water) and air pipes of the tanks must be protected from external sources of pollution, for example pests. For the preparation of drinking water in a desalination plant, seawater shall be taken offshore at least 25 nautical miles from the shore, sufficiently far from another source of pollution and cont aminated water. Saltwater is disinfected and mineralized with a suitable reagent before using it as drinking water. Biocides complying with the requirements of Biocidal Products Regulation (EU) No 528/2012 shall be used for the disinfection of drinking water prepared from seawater. If drinking water is taken from a port where there is a risk of gastrointestinal disease or there is reason to doubt compliance with drinking water quality standards, drinking water must be disinfected or boiled before use. Article 27 Please give particulars of the provisions of national laws and regulations or other measures which require that the food carried and served on bo ard be of a suffi cient nutritional value, quality and quantity and tha t the potable water be of suffi cient quality and quantity giving full effect to the relevant provisions of Annex III. Please also confi rm that the food and water are provided by the f i shing vessel owner at no cost to the fi sher unless an applicable collective agreement or the fi sher’s work agreement provides otherwise. Requirements for food served on board fishing vessels are set out in the Regulation of Government of the Republic No 49 concerning food and catering of crew members. This regulation is not applied to ships under 12 meters of length and fishing vessels under 24 meters of length. Full r egulation is available online only in Estonian: https://www.riigiteataja.ee/akt/129072014002 . Paragraph 3 – general requirements for catering The quantity of food and drinking water shall be sufficient given the number of crew members and the d uration and nature of the trip. Proper food and drinking water is provided to the crew and regular food preparation and serving are organized taking into account the food needs of crew membe rs. Catering shall take into account the principles of balanced nutrition, the general dietary habits of the population, the variability and, if possible, the needs arising from the religious or cultural causes of the crew member and the individual dietary habits. A crew member is served during voyage, also when the ship is a nchor ed , on the pier or in dock, when a watch keepin g is arranged and the crew member fulfills the obligations imposed on him /her . The crew ’s meal plan and daily menu are displayed to the crew members in a place visible or known. The master of the ship or an officer appointed by the master and the staff member responsible for catering, or a ship's cook , shall, at specified intervals, draw up an inventory of food and drinking water supplies and catering facilitie s, galleys and other equipment. A crew member who is responsible for cooking a crew shall be trained in accordance with the Food Act. A ship cook whose task is cooking for a crew of 10 or more crew must have been trained accordingly and must have the certificate for ship cook . Paragraph 4 – food norm F ood norm is a quantity of food that is intended to cover the nutritional requirements for the living of a crew member, satisfy the nutritional requirements, and the food energy intake from food must meet the daily dietary needs of the crew member . In addition to the normal dietary requirements , daily food that covers the additional need for e nergy consumption of 1260 kJ ( 300 kcal ) is provided for a crew member with special needs (male over 190 cm, a woman ove r 180 cm in length or pregnant) . If necessary, a sick crew member is provided diet food or appropriate food. Paragraph 6 – crew members’ food The crew member's food must be diverse, balanced, sufficient in quantity and with acceptable taste . Drinking water and beverages are provided in addition to the water in the food , according to the needs of the crew member, but not less than 1.5 liters per day. Paragraph 7 – meal times Hot food is served at least three times a day at a specified time. If possible, t wo options are offered. A crew member who works at night between 10 pm and 6 am shall be provided with adequate food for a night and allow regular eating during the watch keeping. Paragraph 8 – serving food Food is served to the crew in the mess room . The area of the mess room and the interior must be sufficient for the members of the crew who use the mess at the same time. If necessary, food may be served in shifts. When food is served, food contamination and microbial reproduction must be avoided and the proper preservation of food must be ensured until food is given to crew members. Food beyond the expiry date may not be served to the crew. Food beyond the deadline for use is separated from the proper food and collected with food waste into tightly sealed containers of suitable design that are delivered to the port reception facilities or destroyed outside the restricted area. Paragraph 9 – drinking water used for catering Water used for drinking, cooking and dishwashing, on board the ship must comply with the requirements of drinking water pursuant to the Water Act. Paragraph 10 – checking food norm and catering on board M aster of the ship or a designated representative of ship’s management , with a staff member responsible for catering or a ship cook , check the food norms and catering procedures of crew members at specified intervals. A crew member or a trustee may also participate in the inspection. Article 28 In so far as recourse has been had to the provisions of paragraph 2 of this Article, please show in what manner the provisions adopted in the laws and regulations or other measures, with the exception of provisions related to Article 27, are substantially equivalent to the provisions of Annex III. Please also provide information on the consultations which have been held in this regard. There are no exceptions under this article. Therefore, all the provisions giving effect to Annex III are provided under article 27 and article 28 in this report. Part VI. Medical care, health protection and social security Medical care Article 29 Please give particulars of the national laws, regulations or other measures giving effect to the various requirements regarding medical care referred to in this Article. As in Estonia, the Convention only applies to fishing vessels over 24 meters of length, the re are no separate provisions for vessels under 24 meters and over 24 meters of length. According to paragraph 32 of the SEA, o perators shall ensure the provision of medical care for crew members on board ship. The requirements for the organisation of medical care on board ship and the list of medical equipment required on board ship shall be established by a regulation of the mini ster of Health and Labour (no 50) (available in Estonian: https://www.riigiteataja.ee/akt/102122015008 ) . For the purposes of this regulation, ships are divided into three categories: Category A – ships whose area of navigation is not restricted ; Category B – ships that do not navigate farther more than 150 nautical miles from the nearest port where healthcare can be obtained; Category C – ships and inland water vessels navigating inland waterways . According to paragraph 3 of the regulation no 50, there must be a crew member (or members) on board who has received training for providing first aid and medical assistance. On board a ship carrying 100 or more crew members on board and navigating for more than three days must: emergency medical doctor or anesthetist or a doctor who has undergone emergency medical care training at the level required by the emergency medical officer of the medical unit. Abovementioned persons must be registered with the Health Board's Health Care Register and they are responsible for the provision of medical assistance on board a ship. Paragraph 6 sets out the requirement for sick-bay. For a ship of more than 500 gross tonnage and with at least 15 crew members and navigating f or more than 3 days, crew members must have at their disposal a sick-bay used exclusively for medical assista nce and other medical purposes. The size of the sick-bay , the furnishings and the number of berths shall be projected taking into account the number of crew members, the duration of the journey and the navigation area. The sick-bay shall be located in the part of the ship where swaying , noise, vibration and the effects of non-ionizing radiation are the least. Sick-bay should be eas ily accessible under all weather con ditions, including with a st retcher . Sick-bay must be equipped with a hygien e room with at least one toilet bowl, sink and bath or shower. According to paragraph 8 of the regulation no 50, ship must have medical equipment prescribed for its category as specified in Annexes 2 and 3 (specific lists of medicines and medical equipment) to this Regulation. If there are more than 10 crew members, the quantity of medical equipment and medicines referred to in Annexes 2 and 3 must be increased proportionally by rounding the quantity to the nearest integer. List of medicines in Estonian: https://www.riigiteataja.ee/aktilisa/1021/2201/5008/m%C3%A4%C3%A4rus50lisa2.pdf# List on medical equipment in Estonian: https://www.riigiteataja.ee/aktilisa/1021/2201/5008/m%C3%A4%C3%A4rus50lisa3.pdf# Vessels in Categories A and B must have a defibrillator. The defibrillator must be available for a maximum of 5 minutes from the start of the sudden death. The medical equipment of a ship carrying dangerous goods as defined in the International Maritime Organization (IMO) Code for the Transport of Harmful Substances must contain countermeasures which are used in the event of an accident to prevent or treat the harmful effects of the substance. The medical equipment on board must have a complete list of them and instructions for the use of medical devices. The indication and the instructions for use of the medicinal product must be included in the package leaflet. Life rafts or lifeboat medical equipment shall comply with the requirements of the International Convention for the Safety of Life at Sea (SOLAS). Paragraph 9 of the regulation stipulates that medical equipment must be stored in a sick-bay on board a ship in which sick-bay is required in a ccordance with this Regulation. Medicines are stored in original packaging. Each package must be legibly marked. E xpiry date of the medicinal product is to be indicated on the packaging. If the package leaflet of the medicinal product does not mention any special conditions, the product is stored at room temperature. Light-sensitive medicinal products should be kept in a sealed, non-inflammable container, in a closed cabinet or in a dark room. If necessary, use a light non-permeable additional package. E asily volatile and moisture-sensitive medicines must be kept cool and tightly closed. Hygroscopic drugs should be kept in a hermetically sealed glass or plastic container, if necessary, cover ed with a paraffin. Disinfectants must be kept hermetically sealed, kept cool and protected from light, with separate medicines. On a ship for which sick-bay is required pursuant to this Regulation, a refrigerator must be located in the sick-bay . The medical equipment of the survival craft of lifeboats and life rafts shall be kept in watertight packing in life-saving boats and life-rafts. According to paragraph 10 of the regulation, p rior to the commencement of a journey, the medical doctor or medical aid provider checks the medical equipment's compliance with the requirements and, if necessary, submits to the master of ship an application for renewal or supplement ation of the medical equipment. Paragraph 11 of the regulation provides that t he compliance of medical equipment with the requirements of this r egulation shall be checked by the Maritime Administration at least once a year. Exceptionally, annual control may be postponed for up to five months. The survival craft’s medical equipment is checked during their annua l maintenance. The inspection shall determine: i s medical equipment available for this category of vessel in the required quantity; whether the shelf life of the medical equipment has been adhered to; whether the medical equipment is properly labeled; whether the medical equipment is properly kept and maintained. The result of the inspection shall be formalized. According to paragraph 32 of the SEA, o perators shall ensure the possibility for a medical long distance consultation on board ship in Eston ian and English 24 hours a day. For the provision of medical long distance consultation services free of charge, the Estonian Health Insurance Fund shall enter into a contract under public law with a health care provider under the conditions and pursuant to the procedure provided by the Administrative Co-operation Act. The provision of the services shall be funded through the budget of the Estonian Health Insurance Fund. According to paragraph 33 of the SEA, o perators or masters of ships shall arrange the provision of medical care on board ship for a crew member who has taken ill or become injured during a voyage. If a crew member’s illness or injury does not allow for the crew member to be treated on board ship or if the crew member’s illness jeopardises the health or life of the crew member or other persons on board the ship or if it is not possible to take any measures for avoiding the spread of the illness, the master of the ship shall send the crew member to a heal th care provider for treatment. If an ill or injured crew member is left behind in a foreign state for treatment, the master of the ship shall arrange the treatment of the crew member at a health care provider and sha ll notify the operator thereof. The operator or the master of the ship shall notify of a crew member’s illness or injury a perso n specified by the crew member. The obligation of the operator and the master of the ship to arrange for the treatment of a crew member in a foreign state ends when the operator has arranged for the crew member’s repatriation or if the crew member has discontinued his or her treatment without a reason. According to paragraph 34 of the SEA, o perators shall bear the costs related to the provision of medical care for an ill or injured crew member on board ship or at a health care provider, including the costs of fo od, catering and accommodation. Article 30 Please specify the national laws, regulations or other measures adopted to give effect to the additional requirements on medical care pr escribed by this Article for fi shing vessels of 24 metres in length and over, taking i nto account the number of fi shers on board, the area of operation and the duration of the voyage. Regulation described under article 29 applies to all fishing vessels, therefore see answers under article 29. Occupational safety and health and accident prevention Article 31 Please give particulars of the national laws, regulations or other measures which deal with the different aspects of occupational safety and health and accident prevention referred to in this Article. According to paragraph 22 of the SEA , an operator is required, inter alia, to introduce to the crew members upon their employment and during working the fire safety, occupational safety, occupational health, and environmental protection requirements as well as the rules of organisation of work established by the operator on board the ship and ensure at the operator’s own cost that the crew members have the work clothing, special protective clothing and habiliments as well as the personal protective equipment necess ary for the performance of work According to paragraph 30 of the SEA, o perators shall ensure safe and healthy working environment conditions for crew members and take measures for preventing accidents in compliance with the Occu pational Health and Safety Act. Also, o perators shall arrange for the crew members’ occupational health and safety training before they commence work on board ship. Occupational health and safety related instructions on board ship shall be provided by the master of the ship. Occupational Health and Safety Act (OHSA) provides general regulation for health and safety at work place. According to paragraph 12 of the OHSA, a n employer shall ensure the conformity with occupational health and safety requirements in every work-related situation. An employer shall not allow an employee to work if he or she lacks the necessary professional knowledge and skills, and knowledge about occupati onal health and safety. An employer and employees are required to co-operate in the name of a safe working environment. For this purpose, an employer shall consult employees, a working environment representative or an employees’ trustee in advance in all issues relating to the working environment concerning the planning for measures to improve the working environment, provision of first aid, designation of employees responsible for performance of rescue operations and evacuation of employees, the planning and organisation of occupational health and safety training and the choice and application of new technology and work equipment. An employer shall, where possible, take into account submitted proposals and involve the employees in the implementation of such plans. Paragraph 23 of the OHSA sets out obligations of employer. An employer is required to: conduct regular internal control of the working environment in the process of which the employer plans, organises and monitors the occupational health and safety situation in the enterprise in accordance with the requirements provided for in the OHSA or in legislation established on the basis thereof. Internal control of the working environment forms an integral part of the operation of an enterprise, and all employees shall be involved in the control which shall be based on the results of a risk assessment of the working environment; review the organisation of internal control of the working environment annually and analyse its results and, if necessary, adjust measures to the changed situation; organise risk assessment of the working environment to ascertain working environment hazards, measure their parameters as necessary and assess the risks to the health and safety of an employee, taking account of the gender and age characteristics of the employee, including special risks to the employees specified in the OHSA (minors, disabled employees, pregnant and nursing employees) and risks related to the use of workplaces and work equipment and to wo rk organisation ; based on a risk assessment of the working environment, prepare a written action plan designating the activities organised in all fields of activities and at all management levels of the enterprise to prevent or reduce employees’ health risks, and the schedule and executors thereof, and allocate the necessary resources; organise a new risk assessment of the working environment if the working conditions have changed, the work equipment or technology has been changed or upgraded, if new information has become evident concerning the effect of a hazard on human health, if the risk level has changed as compared with the original level due to an accident or a dangerous situation or if an occupational health doctor has established a work-related illness of an employee in the course of a medical examination; ensure that only an employee who has received appropriate special instruction or special training works in a danger area or that work is performed under the supervision of such employee; notify a minor and a legal representative of a minor under 15 years of age of risks related to the work of the minor and of the measures implemented for the protection of his or her safety and health; notify the employees, through working environment representatives, members of the working environment council and employees’ trustees, of hazards, of the results of risk assessments of the working environment and of the measures to be implemented in order to prevent damage to health; apply measures provided for in employment contracts and collective agreements to prevent damage to the health of an employee and neutralise the effect of the hazards specified the OHSA ; organise the provision of occupational health services and bear the costs related thereto; organise the provision of medical examinations for employees whose health may be affected, in the course of the work process, by a working environment hazard or the nature of the work, and bear the costs related thereto ; organise the provision of medical examinations for employees who work during night-time for at least three hours of their daily working time or at least one-third of their annual working time, before they start night work as well as with regular intervals during work, and bear the costs related thereto; designate employees in the enterprise for the provision of first aid, taking account of the size of the enterprise and division into structural units, and arrange training for them at the employer’s expense; ensure access by all e mployees to first aid equipment ; transfer, at the request of an employee and on the decision of a doctor, the employee to another position temporarily or permanently or ease his or her working conditions temporarily pursuant to the procedure provided for in Acts regulating employment and service relationships; provide, at the employer’s expense, an employee with personal protective equipment, special work clothes, and cleaning and washing means if the nature of the work so requires, and arrange training for the employee in the use of personal protective equipment; familiarise an employee with the occupational health and safety requirements, and monitor compliance therewith; before an employee commences work or changes jobs, arrange for the employee to receive occupational health and safety instructions and training corresponding to the employee’s position and occupation. Instruction or training shall be repeated if the work equipment or technology is changed or upgraded; prepare and approve safety instructions for the work to be carried out and for the work equipment used, and give instructions to an employee to prevent contamination of the environment; suspend an employee from work if he or she is under the influence of alcohol, narcotics or toxic or psychotropic substances; notify the local office of the Labour Inspectorate in writing or through the Customer Portal of the Labour Inspectorate in a format which can be reproduced in writing of the commencement of activities or of a change in the employer’s area of activity; communicate a precept of a labour inspector or the head of the local office of the Labour Ins pectorate or his or her deputy to an employee, working environment representative or employees’ trustee, members of the working environment council and working environment specialist; comply with precepts of a labour inspector in a timely manner and report to the labour inspector on compliance therewith in writing or through the Customer Portal of the Labour Inspectorate in a format which can be reproduced in writing. Paragraph 14 of the OHSA provides obligations of employee. An employee is required to: contribute to the creation of a safe working environment by observing the occupational health and safety requirements; observe the working and rest time regime established by the employer; undergo medical examinations pursuant to the established procedure; make correct use of the prescribed personal protective equipment and keep it in working order; ensure in accordance with his or her training and the employer’s instructions that his or her work is not harmful to his or her own life or health or that of other persons, and does not contaminate the environment; promptly notify the employer or the employer’s representative and a working environment representative of an accident or a risk thereof, of an occupational accident or his or her health disorders which impede the performance of his or her duties and of any shortcomings in the protection arrangements; comply with an occupational health and safety order of the employer, a working environment specialist, occupational health doctor, labour inspector and working environment representative; use work equipment and dangerous chemicals in conformity with the requirements; refrain from disconnecting, changing or removing arbitrarily safety devices fitted to tools or buildings, and use such safety devices correctly. It is prohibited for an employee to work while under the influence of alcohol, narcotics or to xic or psychotropic substances. The occupational health and safety obligations of an employee shall not discharge the employe r from liability in this field. Paragraph 17 of the OHSA gives regulation on w orking environment representative . According to this paragraph, working environment representative is a representative elected by employees in occupational health and safety issues, and his or her term of authority is up to four years. In an enterprise which employs 10 employees or more, the employees shall elect one working environment representative from among themselves. If an enterprise employs less than 10 employees, the employer is required to consult with the employees in matters of occupational health and safety. In an enterprise which comprises several structural units on separate territories or in which work is done in shifts and in which more than ten employees work at a structural unit or in a shift at the same time, the employees shall elect one working environment representative for every structural unit or shift. The obligations of a working environment representative are to: monitor that occupational health and safety measures are implemented at the workplace and that the employees are provided with personal protective equipment which is in working order; participate in the investigation of an occupational accident or disease in his or her area of work; notify the employees and the employer or the employer’s representative promptly of a dangerous situation or deficiencies discovered in the working environment, and demand that the employer eliminate the deficiencies within the shortest period of time possible; be familiar with the instructions and legislation mandatory for employees; monitor that the employees receive necessary knowledge, instructions and training in the field of occupational health and safety. A working environment representative has the right to: demand that the employer implement prescribed occupational health and safety measures and provide the employees with personal protective equipment which is in working order, and make proposals to remove the source of danger and improve the working environment; access all workplaces in the enterprise necessary for the performance of his or her duties and receive from the employer information concerning the information and documents necessary for the performance of his or her duties and information concerning precepts addressed by a labour inspector to the employer; contact a labour inspector of the location of the enterprise or submit his or her observations to the labour inspector during inspection visits by the inspector; temporarily stop work in a dangerous stage of work or prohibit the use of dangerous work equipment if there is a direct risk of harm to the life or health of an employee and if it is not possible to eliminate the risk in any other manner. He or she shall promptly notify the employer or the employer’s representative of the hazard. Work shall not be resumed until the hazard has been eliminated. E mployer shall organise, at the employer’s expense, training or in-service training for a working environment representative that is necessary for the performance of his or her obligations and shall allow the representative to perform his or her obligations during the working time of the representative’s principal job. During this period, the working environment representative shall continue to receive his or her average wages and have the guarantees prescribed in the Employment Contracts Act or the Public Service Act, a collective agreem ent or the employment contract. The period for performance of working environment represenative’s duties depends on the size of and the working conditions in the enterprise and on other circumstances but shall not be less than two hours per week. According to paragraph 18 of the OHSA, i n an enterprise with at least 50 employees, a working environment council shall be set up at the initiative of the employer and it shall comprise an equal number of representatives designated by the employer and representatives elected by the employees. A working environment council is a body for co-operation between an employer and the employees’ representatives which resolves occupational health and safety issues in the e nterprise. The council shall comprise at least four members and the term of their authority shall be up to four years. The Labour Inspectorate has the right to demand that a working environment council be set up also in an enterprise with less than 50 employees depending on the hazards present and the number of occupational accidents and cases of occupati onal disease in the enterprise. The names and term of authority of the working environment council members shall b e displayed in a visible place. W orking environment council shall: regularly analyse the working conditions in the enterprise, document developing problems, make proposals to the employer for the resolution thereof and monitor the implementation of adopted resolutions; participate in the preparation of an occupational health and safety development plan of the enterprise, and in the preparation of plans for the reconstruction or repair of the enterprise and for technological innovations in the enterprise, and of other plans; examine the results of internal control of the working environment in the enterprise and, if necessary, make proposals for the elimination of deficiencies; analyse occupational accidents, occupational diseases and other work-related illnesses, and monitor the implementation of measures for the prevention thereof by the employer; assist in the creation of suitable working conditions and work organisation for female employees, minors and disabled employees. W orking environment council communicate s its propos als to the employer in writing. If an employer does not consider it possible to take such proposals into account, the employer shall respond to the council in writing within three weeks after receipt of the proposa ls, providing reasons therefor. E mployer shall release a member of the working environment council from the duties of his or her principal job during the time when he or she performs the duties of a member of the working environment council. During this period, the member of the working environment council shall continue to receive his or her average wages. A member of the working environment council who represents employees has the guarantees prescribed in the Employment Contracts Act or the Public Service Act, a collective agreement or the employment contract. The period of release from the duties of the principal job shall not be less than one hour per week. E mployer shall arrange for the training and in-service training of members of the working environment council at the employer’s expense and during working hours. During training and in-service training, they shall continue to receive t heir average wages. Paragraph 24 of the OHSA regulates i nvestigation and registration of occupational accident and occupational disease . The circumstances of an occupational accident and occupational disease and reasons therefor are established in the course of an investigation which is carried out by the employer and in which a working environment representative or, in his or her absence, an employees’ trustee shall participate with the right to vote. If the employer lacks necessary knowledge, the employer shall involve a competent expert in the investi gation. E mployer shall submit a report on the investigation results to the victim or a person representing his or her interests and the local office of the Labour Inspectorate. The report shall indicate the measures to be implemented by the employer to prevent a similar occupational ac cident or occupational disease. E mployer has an obligation to register all occupational accidents, cases of occupational disease and other illnesses caused by work and make relevant information available to a working environment specialist, working environment representative, employees’ trustee and t he working environment council. L abour inspector s investigate all fatal occupational accidents and, if necessary, cases of occupational disease and other occupational accidents. The need for conduct of an investigation shall be determined by the head of the local off ice of the Labour Inspectorate. L abour inspector has the right to require that an employer conduct further investigation and amend an occupational accident or occupational disease report if the inspector establishes that the investigation has not been conducted or the report has not been prepared in ac cordance with the requirements. Article 32 Please specify the national laws, regulations or other measures adopted to give effect to the additional requirements on occupational safety and health and accident prevention prescribed by this Article for fishing vessels of 24 metres in length and over normally remaining at sea for more than three days, as well as other vessels, upon prior consultation, taking into account the number of fishers on board, the area of operation, and the duration of the voyage. Regul ation described under article 30 applies to all fishing vessels, theref ore see answers under article 30 . Article 33 Please indicate the measures taken to give effect to this Article. In answering this question, please also refer to any use of the progressive implementation provision in Article 4(1). According to paragraph 12 1 of the OHSA p revention activities of an employer are the planning and implementation of measures for preventing or minimising health risks at all stages of work in the enterprise and for promoting the physical, mental and so cial well-being of an employee. E mployer shall implement the preventional measures on the basis of the following general principles of prevention: avoidance of risks; assessment of unavoidable risks; elimination of risks at their source or, if this is not possible, reduction thereof to an acceptable level; replacement of a dangerous factor with a non-dangerous or less dangerous one; adaptation of the work, workplace and organisation of work to suit the employee as much as possible; adaptation of work equipment and working methods to technical progress; giving of collective protective measures priority over personal protective measures; development of a coherent overall prevention policy which covers technology, organisation of work, working conditions, social relationships and the influence of factors related to the working environment. Paragraph 13 stipulates that employers is obligated, inter alia, to: organise risk assessment of the working environment to ascertain working environment hazards, measure their parameters as necessary and assess the risks to the health and safety of an employee, taking account of the gender and age characteristics of the employee, including special risks to the employees specified in the OHSA (minors, disabled employees, pregnant and nursing employees) and risks related to the use of workplaces and work equipment and to work organisation; based on a risk assessment of the working environment, prepare a written action plan designating the activities organised in all fields of activities and at all management levels of the enterprise to prevent or reduce employees’ health risks, and the schedule and executors thereof, and allocate the necessary resources; organise a new risk assessment of the working environment if the working conditions have changed, the work equipment or technology has been changed or upgraded, if new information has become evident concerning the effect of a hazard on human health, if the risk level has changed as compared with the original level due to an accident or a dangerous situation or if an occupational health doctor has established a work-related illness of an employee in the course of a medical examination. Article 34 Please explain how it is ensured in national law and practice that fishers ordinarily resident in your country, and their dependants to the extent provided in national law , are entitled to benefit from social security protection under conditions no less favourable than tho se applicable to other workers, including employed and self-employed persons, ordinarily resident in your country. Social security in Estonia is contribution-based. For all permanent residents of Estonia, persons (including fishermen) residing in Estonia on the basis of a temporary residence permit or right of residence, for whom social tax has been paid, all benefits of the social security system are guaranteed on an equal basis with Estonian citizens. Social tax is paid by the employer to the employee or public servant in the amount of wages and salaries paid in cash and other fees. There are no special laws on social security rega rding fishers . Article 35 Please indicate what steps have been taken to progressively achieve comprehensive social security protection for all fishers who are ordinarily resident in your country. For all permanent residents of Estonia, persons (including fishermen) residing in Esto nia on the basis of a temporary residence permit or right of residence, for whom social tax has been paid, all benefit of the social security system are guaranteed on an equal basis with Estonian citizens. Article 36 Please communicate information on any bilateral or multilateral cooperative agreements or other arrangements with other ILO Members for the purpose of progressively achieving comprehensive social security protection for fishers, taking into account the principle of equality of treatment irrespective of nationality, and of ensuring the maintenance of social security rights acquired, or in the course of being acquired, by all fishers regardless of residence. Eston ia has continuously improved the international social security coverage through bilateral or multilateral agreements, continuing its activities in this area. In European Union, cross-border coordination of social security is regulated according to EU rules. In addion, b ilateral social security agreements have been concluded with Russia n Federation , Ukraine, Canada, Moldova and Australia, and there are on-going negatiations with several other countries. Article 37 Please describe any rules concerning the social security legislation to which fishers are subject that may have been determined through bilateral and multilateral agreements or through provisions adopted in the framework of regional economic integration organizations. There are no such agreements. Protection in the case of work-related sickness, injury and death Article 38 Please give particulars of the national laws, regulations or other measures which give effect to this Article. In answering this question, please also refer to any use of the progressive implementation provision in Article 4(1). According to paragraph 33 of the SEA, o perators or masters of ships shall arrange the provision of medical care on board ship for a crew member who has taken ill or become injured during a voyage. If a crew member’s illness or injury does not allow for the crew member to be treated on board ship or if the crew member’s illness jeopardises the health or life of the crew member or other persons on board the ship or if it is not possible to take any measures for avoiding the spread of the illness, the master of the ship shall send the crew member to a heal th care provider for treatment. If an ill or injured crew member is left behind in a foreign state for treatment, the master of the ship shall arrange the treatment of the crew member at a health care provider and shall notify the operator thereof. The obligation of the operator and the master of the ship to arrange for the treatment of a crew member in a foreign state ends when the operator has arranged for the crew member’s repatriation to a destination specified in § 56 of this Act or if the crew member has discontinued his or her treatment without a reason. According to paragraph 34 of the SEA, o perators shall bear the costs related to the provision of medical care for an ill or injured crew member on board ship or at a health care provider, including the costs of food, catering and accommodation. Thus, during a voyage, a fisherman is provided with medical assistance in case of injury caused by an accident at work and an occupational disease. After returning to home country, the fisherman will be provided with medical assista nce in the same way as all others who need medical care . Paragraph 37 of the SEA provides that o perators as employers are liable for any physical harm caused to a crew member due to an occupational accident or an occupational disease on the basis of and pursuant to the procedure provided by law. An employee who has suffered damage to their health while performing their duties has the right to demand compensation for damage caused through health damage from an employer (according to the Law of Obligations Act) . An employer is required to compensate for reasonable medical expenses relating to the health damage and damages caused by the damaged person’s temporary incapacity for work and damages caused by reduction in income and, in case of death of an employee, also the ir reasonable funeral expenses. If an employee who died as a result of an occupational disease had an obligation at the time of their death arising from legislation to provide for another person, an employer must pay financial benefit to that person corresponding to the amount which would have been given by the deceased during their estimated life expectancy to that person. A victim also has the right to demand compensation for additional expenses, such as dentures, medical aids and prescription drugs, arising from damage to health. If an employer does not accept the claim issued by an employee or persons related to them, the parties may go to court to resolve the dispute. Additionally, according to the Merchant Shipping Act (paragraphs 77 1 and 77 2 ), t he owner of a ship flying the national flag of Estonia shall have a valid liability insurance contract covering the liability of the shipowner for claims of third persons arising upon operation of the ship. The provisions regulating the liability insurance of a shipowner shall also apply to an operator or charterer operating a ship . A ship of with a gross tonnage of 300 tons or more shall be insured under liability insurance. Liability insurance shall cover, inter alia, claims for causing loss of life, bodily injury or damage to health, for destruction or loss of or damage to a thing, including damage to port facilities, port basins, waterways and aids to navigation which took place on board a ship or in direct connection with the operation of a ship of a salvage operation, and claims that have arisen thereby due to further damage . According to the Health Insurance Act, i n case of an illness or injury arising from an occupational accident, the sickness benefit is paid at the rate of 100% from the second day of release from work by the Health Insurance Fund. In case an accident that occurred at work is not considered an occupational accident, it might be regarded as an ordinary trauma instead. An employee does not receive benefit for health damage arising from that for the first three days. From the fourth to eighth day, the benefit is paid by an employer; from the ninth day and onwards the Health Insurance Fund pays it. The benefit is paid at the rate of 70% of the daily income – the employer calculates the amount of the benefit on the basis of the average income paid to the employee in the last six months; the Health Insurance Fund calculates the amount on the basis of the social tax paid for the employee in the last calendar year. Article 39 Please give particulars of the national laws, regulations or other measures which give effect to this Article. See answers to articles 29, 30 and 38. Part VII. Compliance and enforcement Article 40 Please indicate how jurisdiction and control are exercised over fishing vessels flying the national flag and provide details on the system established for ensuring compliance with the requirements of the Convention, in particular as regards such enforcement measures as inspections, reporting, monitoring, complaint procedures, appropriate penalties and corrective measures. State and administrative s upervision is regulated in paragraphs 73 ja 74 of the SEA. State and administrative supervision over the compliance with the requirements for seafarer's employment contract, obligations of operators, notifying organisation of work, occupational health and safety requirements, working and rest time, on-board complaint procedure, collective cancellation of seafarer's employment contract, crew members' employment placement, obligations of employment placement service provider is exercised by the Labour Inspectorate. State supervision over the compliance with the requirements for catering and accommodation is exercised by the Health Board. State supervision over the compliance with the requirements for organization of medical care and required medical equipment, organization of repatriation , a guarantee to cover repatriation expenses is exercised by the Estonian Maritime Administration. According to paragraph 76 of the MSA, s tate supervision over the implementation of legislation regulating maritime safety is exercised by the Maritime Administration. Paragraph 74 of the SEA provides that t he head of the local authority of a supervisory body and supervisory officials have the right to prohibit the use of a ship’s compartments, shipboard installations or work equipment if the condition thereof jeopardises the life or health of crew members or passengers. Article 41 Please give details of the legislative or other provisions requiring that fishing vessels corresponding to the characteristics specified in paragraph 1 carry a valid document issued by the competent authority stating that the vessel has been inspected by the competent authority or on its behalf, for compliance with the provisions of this Convention concerning living and working conditions. Please confirm that the period of validity of such document in no case exceeds five years and provide a specimen copy of any standard form used for this purpose. According to paragraph 11 13 of the MSA, s hips entered in the ship registry or the register of bareboat chartered ships of Estonia shall have a certificate attesting conformity to the requirements for working and living conditions of crew members in accordance with the Seafarers Employment Act and the Maritime Labour Convention of the International Labour Organization or the Work in Fishing Convention of the International Labour Organization as follows: ships with a gross tonnage of 500 or more, engaged in international shipping, except fishing vessels, shall have a maritime labour certificate conforming to the requirements of the Maritime Labour Convention of the International Labour Organization, and the declaration of maritime labour compliance attached to the maritime labour certificate (hereinafter maritime labour certificate); fishing vessels with a length of over 24 meters remaining at sea for more than three days and usually navigating outside the area of short sea shipping shall have a work in fishing certificate conforming to the requirements of the Work in Fishing Convention of the International Labour Organization. The Maritime Administration shall issue a maritime labour certificate or a work in fishing certificate for a ship on the basis of an application of the operator after the ship has successfully passed the inspection of the working and living conditions of crew members. According to paragraph 11 18 of the MSA, m aritime labour certificates and work in fishing certificates are valid for up to five years after the issue of the certificate . Article 42 Nimetatud süsteemi reguleerivad siseriiklikus õiguses MSOS §-d 11 14 , 11 17 ja 11 18 : 2) § 11 17 (Nõuded meretöötunnistusele, meretöönõuetele vastavuse deklaratsioonile, ajutisele meretöötunnistusele ja kalandustöötunnistusele) sätestab, et kalandustöötunnistus vormistatakse eesti ja inglise keeles ning nende vormi kehtestab majandus - ja taristuminister määrusega. 3) § 1118 (Tunnistuse kehtivus) sätestab, et kalandustöötunnistus kehtib kuni viis aastat. Paragrahv näeb ette tingimused, millal Veeteede Amet tunnistab kalandustöötunnistuse kehtetuks. MSOS § 1118 lõike 2 punkt 4 (reeder ei võta vastutust laeva käitamise eest) viitab esmajoones olukorrale, kus reeder ei ole mitte omanik, vaid muu juriidiline või füüsiline isik, kes on lepingu alusel võtnud endale reederiga võrdse vastutuse, õigused ja kohustuse laeva käitamise eest ning kes mingil põhjusel seda teha ei taha. Please describe the system for the inspection of living and working conditions on board fishing vessels and specify any public institutions or other organizations which have been authorized to carry out inspections and issue relevant documents. Paragraph 11 14 of the MSA regulates i nspection of working and living conditions of crew members . The purpose of the inspection is to ensure that the working and living conditions of crew members on a ship would conform to the requirements provided for in the Maritime Labour Convention of the International Labour Organization or the Work in Fishing Convention of the Int ernational Labour Organization. The inspections are classified as follows: an initial inspection which shall be conducted before the issue of the maritime labour certificate or work in fishing certificate; an interim inspection for approval of the validity of the maritime labour certificate which shall be conducted in the second or third year of validity of the maritime labour certificate; an interim inspection for approval of the validity of the work in fishing certificate which shall be conducted within the period of three months before or after the second or third year of validity of the maritime labour certificate; a complete inspection which shall be conducted in every five years for the renewal of the maritime labour certificate or work in fishing certificate. In addition to the se inspections, also the following may be conducted additionally: an inspection at the request of the operator for the issue of the interim maritime labour certificate; an additional inspection during the validity of the maritime labour certificate, the scope and time of conduct whereof shall be determined by the Maritime Administration after prior consultation with the operator. Upon the inspection, the Maritime Administration shall inspect the following documents and circumstances: the age of crew members; the medical certificates of crew members; the qualification of crew members; the seafarer’s employment agreement, including the conditions of payment of wages; working and rest time; the financial security for compensation for the expenses of organisation of homeward voyage; use of placement services; the manning level of the ship; the conditions of accommodation and rest on the ship; the food served on board the ship; medical assistance on board the ship; the procedure for submission and processing of complaints on board the sh ip, except upon inspection of fishing vessels with a length of over 24 meters remaining at sea for more than three days and usually navigating outside the area of short sea shipping . The Maritime Administration may engage the Labour Inspectorate and Health Board within the limits of their competence in the conduct of the inspection. If an operator applies for the conduct of the inspection in a foreign state, the operator shall reimburse the travel expenses of the supervisory officials conducting the inspection which are to be calculated in accordance with the procedure established pursuant to the Civil Service Act. Paragraph 11 17 o f the MSA provides for f ormat of maritime labour certificate, declaration of maritime labour compliance, interim maritime labour certificate and work in fishing certificate . Maritime labour certificates, interim maritime labour certificates and work in fishing certificates shall be prepa red in Estonian and in English. The formats of maritime labour certificates, declarations of maritime labour compliance attached to maritime labour certificates, interim maritime labour certificates and work in fishing certificates shall be established by a regulation of the minis ter respons ible for the area . Successful passing of an interim inspection is evidenced by a notation of the Maritime Administration in the maritime labour certificate or work in fishing certificate. Maritime labour certificates, interim maritime labour certificates and work in fishing certificates or copies thereof shall be available to crew members on board the ship. According to paragraph 11 18 of the MSA, m aritime labour certificates and work in fishing certificates are valid for up to five years after the issue of the certificat es. The Maritime Administration shall revoke a maritime labour certificate or a work in fishing certificate if: the results of an inspection do not enable to confirm the conformity of the working and living conditions of crew members to the requirements of the Maritime Labour Convention of the International Labour Organization or the Work in Fishing Convention of the International Labour Organization and the Seafarer Employment Act; the operator has not passed an interim inspection on time; the ship exchanges flags; the operator does not assume responsibility for the operation of the ship; the construction or equipment of the ship has been substantially altered. Article 43 Paragraph 1. Please indicate what arrangements exist for investigating cases of non-compliance with the requirements of the Convention that involve fishing vessels flying the national flag and ensuring that remedial action is taken. Please provide information on the number of investigations carried out during the reporting period covered by this report and on measures taken as a result. Paragraphs 2 and 3. Please describe any port State control measures taken in pursuance of this Article and give information on the functioning of these measures (e.g. number and nature of cases considered and nature of any action taken ). According to paragraph 4 of the MSA, t he crew members of ships flying a foreign flag are entitled to file a complaint with the Maritime Administration deriving from the application of the Maritime Labour Convention of the International Labour Organization and the Work in Fishing Convention of the Int ernational Labour Organization. If the complaint of a crew member of a ship flying a foreign flag cannot be settled on board the ship, and the non-conformities causing the complaint cannot be eliminated by the supervisory operations of the Maritime Administration, the Maritime Administration shall immediately inform the competent authority of the flag state of the ship about it, and shall apply for submission of relevant explanations and a time schedule for elimination of non-conformities within the stipulated period. If nevertheless the non-conformities are not eliminated, the Maritime Administration shall report it to the relevant representative organisations of operators and crew members of the port state and submit a copy of the report including a response received from a competent authority of the flag state to the Director-General of the International Labour Office. Article 44 Riikliku järelevalve teostajad konventsiooni kohaldamise üle on Veeteede Amet, Tööinspektsioon ja Terviseamet ning nemad järgivad seda põhimõtet. Artikkel väljendab sama mõtet, mida teeb meretöö konventsiooni artikli V lõige 7, millest tuleneb nõue, et sadamariigi kontrolli konventsiooni kohaldamise üle mõne teise riigi laeval saab teostada üksnes see riik, kes ise on konventsiooni ratifitseerinud. Please indicate how effect is given to this Article. III. Bring out who are the competent authorities who exercise state supervision over application of the regulations concerning the convention. Competent authorities and their sphere of competence are brought out under article 40. IV. In case there are any, decisions made by courts or other tribunals . V. Provide relevant statistics (inspections and their results etc) that give an overview of the application of the convention. VI. Representative organizations of employers and workers – Estonian Employers’ Confederation and Estonian Trade Union Confederation . VII. Provide comments from the representative organizations of employers and workers mentioned above.