Council Directive 2017/159 on the implementation of the social partners' agreement on the ILO Work in Fishing Convention, 2007 Expert Group on the European Maritime and Fisheries Fund (EMFF), 24 April 2017 Paloma GARCIA GARCIA Unit B2 "Working Conditions" DG Employment, Social Affairs and Inclusion
Context of the Directive • 14.6.2007: adoption of the ILO Work in Fishing Convention, 2007 • 2009-2013: EU social partner negotiations on an agreement on the implementation of this ILO Convention • 10.5.2013 : joint request of social partners to implement the agreement through a Council Directive under Article 155 TFEU • 2014-2015 : Proportionate Impact Assessment • 29.4.2016: adoption of the Commission Proposal • 19.12.2016 : approval of the Directive by the Council
Problems tackled by the Directive • Risks and seriousness of accidents, injuries and occupational diseases are high • Drivers: 1. work related factors 2 . Slow ratification of existing international treaties on safety on board vessels. 3. Fragmentation of the legal framework .
Objectives of the Directive • General Objective: To enhance the working and living conditions for fishermen working on vessels flying the flag of an EU Member State • Specific Objectives: 1. Improve health and safety for fishermen within the EU 2. Establish a consolidated legal framework suited to working conditions in the sea fishing sector
Scope of the Directive This Agreement applies to: (a) all fishermen working in any capacity under a contract of employment or in an employment relationship on all fishing vessels engaged in commercial fishing; (b) all other fishermen who are present on the same vessel with fishermen referred to in (a) in order to ensure the protection of the overall safety and health
Main provisions • Minimum requirements for work on fishing vessels (minimum age, medical certificate) • Conditions of service (manning, working time, fisherman's work agreement, crew list, repatriation, private labour market services) • Occupational safety and health (food and accommodation, health protection and medical care, accident prevention)
The previous EU acquis • Directive 1991/53/EEC "Written statement Directive" • Directive 2003/88/EC on working time • Directive 2008/104/EC on Temporary Agency Work • Occupational health and safety: • the general Directive 89/391/EEC • two specific directives -Directive 96/103/EEC on minimum requirements for work on board fishing vessels and Directive 92/29/EEC on medical treatment on board
Added value - provisions not included in the existing EU acquis 1. Minimum requirements for work on fishing vessels o Medical certificate for fitness to work: obligatory for workers on vessels of 24 meters and over or remaining at sea for more than 3 days o Extension of the number of hours (from 8 to 9 hours) considered night work for the prohibition of work of people under 18
Added value - provisions not included in the existing EU acquis 2. Conditions of service – working conditions o Special provisions on the fisherman's work agreement: o Procedures to ensure that the fisherman can review and seek advice on the agreement before it is concluded o Minimum content: voyage or number of voyages the fisherman is engaged for; the health and social security coverage, etc. o Obligation to carry it on board o New right of repatriation: W hen the contract expires/ is terminated or the fisherman cannot perform his o duties Not paid by the fisherman except if being in serious default of his obligations o
Added value - provisions not included in the existing EU acquis 3. Occupational safety and health • Food and water of sufficient quality and quantity to be served on board • Right to medical treatment ashore and to be taken ashore timely for treatment in case of serious injury or illness • Right to compensation in case of work-related injury or disease • Application of certain requirements on accommodation (ventilation, lighting, emergency exits, etc) to all new vessels including those of less than 15 meters (excluded under the previous EU OSH provisions)
Comparison between the Member States Aspect equal or more favourable National legislation national rules contains less favourable rules Medical certificate BE, DE, EE, EL, ES, FI, FR, IE and IT, RO, SE, SI, and UK HR, LT, LV , NL, PL and PT Fisherman's work BE, DE, EE, FI, FR, HR, LT, SI and LV , IE, PT, ES, EL , agreement NL, PL, and SE UK and RO Repatriation BE, DE, EE, FI, FR, LV, NL, BG, ES, HR, IE, IT, LT PL. PT, SE, SI and UK Right to medical treatment BE, DE, DK, EE, EL, FI, FR, IE, IT, LV, PT, and SI ashore HR , NL, LT SE and the UK
Flexibility in implementation of the agreement • Scope : possible exclusion of limited categories of fishermen or fishing vessels - limited to 5 years • Medical certificate : possible exceptions under certain conditions (except for vessels of ≥ 24 meters or staying at sea >3 days) • Working time : possible exceptions including reference periods under certain conditions
Other provisions • Non regression clause and more favourable clause • Monitoring and evaluation provisions • Entry into force: 16 November 2017 • Transposition deadline: 15 November 2019
Next steps • Obligation of MS to notify their national execution measures to the Commission by 15.11.2019 • Monitoring of the national transposition measures by the Commission
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