Council Directive 2017/159 on the implementation of the social - - PowerPoint PPT Presentation

Council Directive 2017/159 on the implementation of the social partners' agreement on the ILO Work in Fishing Convention, 2007

Paloma GARCIA GARCIA Unit B2 "Working Conditions" DG Employment, Social Affairs and Inclusion

Expert Group on the European Maritime and Fisheries Fund (EMFF), 24 April 2017

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
• n 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
• ccupational 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

• rder 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

• Medical certificate for fitness to work: obligatory for workers
• n vessels of 24 meters and over or remaining at sea for

more than 3 days

• 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
• Special provisions on the fisherman's work agreement:
• Procedures to ensure that the fisherman can review and seek advice on the

agreement before it is concluded

• Minimum content: voyage or number of voyages the fisherman is engaged for;

the health and social security coverage, etc.

• Obligation to carry it on board
• New right of repatriation:
• When the contract expires/ is terminated or the fisherman cannot perform his

duties

• Not paid by the fisherman except if being in serious default of his obligations

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
• n 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 rules National legislation contains less favourable rules Medical certificate BE, DE, EE, EL, ES, FI, FR, HR, LT, LV , NL, PL and PT IE and IT, RO, SE, SI, and UK Fisherman's work agreement BE, DE, EE, FI, FR, HR, LT, NL, PL, and SE SI and LV , IE, PT, ES, EL , UK and RO Repatriation BE, DE, EE, FI, FR, LV, NL,

• PL. PT, SE, SI and UK

BG, ES, HR, IE, IT, LT Right to medical treatment ashore BE, DE, DK, EE, EL, FI, FR, HR , NL, LT SE and the UK IE, IT, LV, PT, and SI

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