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Activites

• 2013/03/13 Text adopted by Parliament, partial vote at 1st reading/single reading
  • T7-0080/2013 summary

    The European Parliament adopted amendments to the proposal for a directive of the European Parliament and of the Council concerning flag State responsibilities for the enforcement of Council Directive 2009/13/EC implementing the Agreement concluded by the European Community Shipowners' Associations (ECSA) and the European Transport Workers' Federation (ETF) on the Maritime Labour Convention, 2006, and amending Directive 1999/63/EC. The matter has been referred for reconsideration to the competent committee and the vote on the legislative resolution was put back to a later session. The amendments adopted in plenary aim to align the directive as accurately as possible with the relevant provisions of the Maritime Labour Convention 2006 MLC establishing rights for seafarers. They amend the Commission proposal as follows: Level of protection for workers: Parliament wanted to clarify that under no circumstances should the application and/or interpretation of the Directive lead to a reduction in the level of protection currently enjoyed by workers under Union legislation. It also stresses the Agreement concluded between the social partners annexed to Directive 2009/13/EC should be mentioned in this directive since it contains the substance of the MLC, which is being transposed into EU law. Certificate and declaration of maritime labour compliance: the amendments aim to transpose Rule 5.1.1 of the MLC to ensure that each State implements its responsibilities with respect to ships that fly its flag. In this respect, each Member State shall establish an effective system for the inspection and certification of maritime labour conditions, ensuring that the working and living conditions for seafarers on ships flying its flag meet, and continue to meet, the standards in that Convention. A maritime labour certificate, complemented by a declaration of maritime labour compliance, shall constitute prima facie evidence that the ship has been duly inspected by the Member State whose flag it flies and that the requirements of Directive 2009/13/EC relating to working and living conditions of the seafarers have been met to the extent certified. The interval between inspections shall in no case exceed three years. Authorisation of recognised organisation (MLC Regulation, Rule 5.1.2): Members propose to include an express reference to the very specific provision of the MLC to ensure that recognised organizations and their staff carry out their monitoring tasks in the best possible way. Any authorisations granted with respect to inspections shall, as a minimum, empower the recognised organisation to require the deficiencies that it identifies in seafarers' working and living conditions to be rectified and to carry out inspections in this regard at the request of a port State. Each Member State shall provide the International Labour Office with a current list of any recognised organisations that are authorised to act on its behalf. The list shall specify the functions that the recognised organisations have been authorised to carry out. Maritime labour certificate and declaration of maritime labour compliance (MLC Regulation, Rule 5.1.3.): Parliament proposes to introduce a provision requiring ships that fly the flag of a Member State flag to carry and maintain a maritime labour certificate certifying that the working and living conditions of seafarers on the ship, including the measures for ongoing compliance to be included in the declaration of maritime labour compliance, have been inspected and meet the requirements of national laws or regulations or other measures implementing Directive 2009/13/EC and the Social Partners Agreement annexed thereto. Inspection and enforcement (MLC Regulation, Rule 5.1.4): the amendments state that each Member State must maintain a system of regular inspections of the conditions for seafarers on ships that fly its flag. A Member State shall appoint a sufficient number of qualified inspectors to fulfil it to this effect. Inspectors, issued with clear guidelines as to the tasks to be performed and provided with proper credentials, shall be empowered: ·        to board a ship that flies the flag of a Member State; ·        to carry out any examination, test or inquiry which they may consider necessary in order to satisfy themselves that the standards are being strictly observed; and ·        to require that any deficiency is remedied and, where they have grounds to believe that deficiencies constitute a serious breach of the requirements of Directive 2009/13/EC. Inspectors shall be prohibited from having any direct or indirect interest in any operation that they are called upon to inspect. Inspectors shall submit a report of each inspection to the competent authority of the Member State, which shall maintain records of inspections of the conditions for seafarers on ships that fly its flag and shall publish an annual report on inspection activities within a reasonable time, not exceeding six months, after the end of the year. On-board complaint procedures (MLC Regulation, Rule 5.1.5.): Members suggest that it is necessary to incorporate more detailed provisions with regard to complaints. Member States should, for example: ·        require that ships that fly its flag have on-board procedures for the fair, effective and expeditious handling of seafarer complaints alleging breaches of the requirements of Directive 2009/13/EC;  ·        prohibit and penalise any kind of victimisation of a seafarer for filing a complaint. On board complaint procedures shall seek to resolve complaints at the lowest level possible. However, in all cases, seafarers shall have a right to complain directly to the master. The seafarer shall have the right to be accompanied or represented during the complaints procedure, as well as safeguards against the possibility of victimization of seafarers for filing complaints. They shall receive a copy of the on-board complaint procedures applicable on the ship, in addition to a copy of their seafarers’ employment agreement. Labour-supplying responsibilities, (MLC Regulation, Rule 5.3): the proposed amendments aim to ensure that Member States implement their responsibilities regarding recruitment and placement and the social protection of their seafarers.

  • Results of vote in Parliament
• 2013/02/13 Committee report tabled for plenary, 1st reading/single reading
  • A7-0037/2013 summary

    The Committee on Employment and Social Affairs adopted the report by Pervenche BERÈS (S&D, FR) on the proposal for a directive of the European Parliament and of the Council concerning flag State responsibilities for the enforcement of Council Directive 2009/13/EC implementing the Agreement concluded by the European Community Shipowners’ Associations (ECSA) and the European Transport Workers’ Federation (ETF) on the Maritime Labour Convention, 2006, and amending Directive 1999/63/EC. The committee recommends that the position of the European Parliament adopted in first reading following the ordinary legislative procedure should amend the Commission proposal as follows: Level of protection for workers: Members specify that under no circumstances should the application and/or interpretation of this Directive lead to a reduction in the level of protection currently enjoyed by workers under Union legislation. Social Partners Agreement: Council Directive 2009/13/EC implementing the Agreement concluded by the European Community Shipowners’ Associations (ECSA) and the European Transport Workers’ Federation (ETF) on the Maritime Labour Convention (MLC). Members consider that the Agreement concluded between the social partners should be mentioned in this directive since it contains the substance of the MLC, which is being transposed into EU law. The proposed amendments aim to align the directive as accurately as possible with the relevant provisions of the MLC establishing rights for seafarers. Maritime labour certificate and declaration of maritime labour compliance: the amendments aim to ensure that each State implements its responsibilities with respect to ships that fly its flag. In this respect, each Member State shall establish an effective system for the inspection and certification of maritime labour conditions, ensuring that the working and living conditions for seafarers on ships flying its flag meet, and continue to meet, the standards in that Convention. The interval between inspections shall in no case exceed three years. Authorisation of recognised organisation (MLC Regulation, Rule 5.1.2): Members propose to include an express reference to the very specific provision of the MLC to ensure that recognised organizations and their staff carry out their monitoring tasks in the best possible way. Each Member State shall provide the International Labour Office with a current list of any recognised organisations that are authorised to act on its behalf. The list shall specify the functions that the recognised organisations have been authorised to carry out. Maritime labour certificate and declaration of maritime labour compliance (MLC Regulation, Rule 5.1.3.): Members propose to introduce a provision requiring ships that fly the flag of a Member State flag to carry and maintain a maritime labour certificate certifying that the working and living conditions of seafarers on the ship, including the measures for ongoing compliance to be included in the declaration of maritime labour compliance, have been inspected and meet the requirements of national laws or regulations or other measures implementing Directive 2009/13/EC and the Social Partners Agreement annexed thereto. Inspection and enforcement (MLC Regulation, Rule 5.1.4): the amendments state that each Member State must maintain a system of inspection of the conditions for seafarers on ships that fly its flag. A Member State shall appoint a sufficient number of qualified inspectors to fulfil it to this effect. Inspectors, issued with clear guidelines as to the tasks to be performed and provided with proper credentials, shall be empowered: to board a ship that flies the flag of a Member State; to carry out any examination, test or inquiry which they may consider necessary in order to satisfy themselves that the standards are being strictly observed; and to require that any deficiency is remedied and, where they have grounds to believe that deficiencies constitute a serious breach of the requirements of Directive 2009/13/EC. Inspectors shall be prohibited from having any direct or indirect interest in any operation that they are called upon to inspect. The competent authority of each Member State shall maintain records of inspections of the conditions for seafarers on ships that fly its flag and shall publish an annual report on inspection activities within a reasonable time, not exceeding six months, after the end of the year. On-board complaint procedures (MLC Regulation, Rule 5.1.5.): Members suggest that it is necessary to incorporate more detailed provisions with regard to complaints. Member States should, for example: require that ships that fly its flag have on-board procedures for the fair, effective and expeditious handling of seafarer complaints alleging breaches of the requirements of Directive 2009/13/EC;  prohibit and penalise any kind of victimisation of a seafarer for filing a complaint. On board complaint procedures shall seek to resolve complaints at the lowest level possible. However, in all cases, seafarers shall have a right to complain directly to the master. The seafarer shall have the right to be accompanied or represented during the complaints procedure, as well as safeguards against the possibility of victimization of seafarers for filing complaints. They shall receive a copy of the on-board complaint procedures applicable on the ship, in addition to a copy of their seafarers’ employment agreement. Labour-supplying responsibilities, (MLC Regulation, Rule 5.3) the proposed amendments aim to ensure that Member States implement their responsibilities regarding recruitment and placement and the social protection of their seafarers. 

  • EMPL EMPL/7/09197 BERÈS Pervenche S&D
  • TRAN BACH Georges EPP
• 2013/01/24 Vote in committee, 1st reading/single reading
  • EMPL EMPL/7/09197 BERÈS Pervenche S&D
  • TRAN BACH Georges EPP
• 2012/11/06 Amendments tabled in committee
  • PE498.018
• #3193
• 2012/10/29 Council Meeting
• 2012/09/17 Committee draft report
  • PE494.689
• #3171
• 2012/06/07 Council Meeting
• 2012/03/29 Committee referral announced in Parliament, 1st reading/single reading
  • EMPL EMPL/7/09197 BERÈS Pervenche S&D
  • TRAN BACH Georges EPP
• 2012/03/23 Legislative proposal
  • COM(2012)0134 summary

    PURPOSE: to establish provisions in order to ensure that Member States effectively discharge their obligations as flag States to monitor compliance of ships flying their flag with Directive 2009/13/EC. PROPOSED ACT: Directive of the European Parliament and of the Council. BACKGROUND : on 23 February 2006, the International Labour Organisation adopted the Maritime Labour Convention, (MLC),  desiring to create a single, coherent instrument embodying as far as possible  all up-to-date standards of existing international maritime labour Conventions and Recommendations, as well as the fundamental principles to be found in other international labour conventions. The MLC, adopted in 2006, provides comprehensive rights and protection at work for all seafarers regardless of their nationality and the flag of the ship. It aims to both achieve decent working conditions for seafarers and secure fair competition for quality shipowners. It sets out seafarers' rights to decent conditions of work on a wide range of subjects, and has been designed to be globally applicable, easily understandable, updatable and uniformly enforced. Council Decision 2007/431/EC has authorised the Member States to ratify the Convention. Member States should ratify it as soon as possible. Council Directive 2009/13/EC implements the Agreement concluded by the European Community Shipowners’ Associations (ECSA) and the European Transport Workers’ Federation (ETF) on the Maritime Labour Convention, 2006, and amends Directive 1999/63/EC. Directive 2009/13/EC was adopted on the basis of Article 155 of the Treaty. Since agreements concluded by virtue of Article 155 of the Treaty to be implemented by Council decisions can only cover matters defined by Article 153 of the Treaty, certain provisions of the Convention relating to flag State responsibilities for the enforcement of the Convention could not be part of the social agreement implemented by Directive 2009/13/EC. Those provisions should be integrated into Union law by virtue of this Directive.  This proposal is closely associated with the proposal for a directive of the European Parliament and of the Council amending Directive 2009/16/EC on port State control. IMPACT ASSESSMENT: a full public consultation offered an opportunity for Member States and stakeholders to express their views in June 2011.  There was a general consensus on the need for updating the legislation related to flag State and port State in order to enforce the MLC requirements.  The specific positive effects which were underlined consisted of reinforcing maritime safety, improving quality shipping, making the conditions of competition fairer between EU and non EU operators and between EU and non EU flags. Stakeholders also mentioned the better job quality for all seafarers. LEGAL BASIS: Article 100(2) TFEU. CONTENT: the national flag constitutes the primary source of State responsibility for a ship. Flag States are required to ensure that their ships comply with the standards accepted by flag States under international law and conventions, in particular with international minimum standards. Directive 2009/21/EC seeks to ensure that the flag of all EU Member States have good standing (not being blacklisted…) and to incorporate the International Maritime Organisation (IMO)'s flag State audit scheme into EU law and to introduce the quality certification of the national maritime authorities. This proposal has different purposes. It does not refer to any IMO procedures but lays down principles to monitor the application of Directive 2009/13/EC taking  up some of the Maritime Labour Convention standards. For the sake of clarity, it is preferable to have a separate text. In concrete terms, the proposal: ·        aims to ensure that the EU flag States meet their responsibilities in applying and enforcing Directive 2009/13/EC ; ·        refers to the definition of “ship” and “shipowner” based on the MLC definition and used in Directive 2009/13 to avoid any discrepancy between the standards and the implementation measures ; ·        lays down the obligation for flag State to establish mechanisms for inspection and to ensure the compliance of its ships with Directive 2009/13/EC ; ·        refers to professional qualifications  and independence of staff in charge of verification so that the matters covered by Directive 2009/13/EC are rightly applied on board vessels flying the flags of the Member States concerned; ·        deals with the complaints on board EU flagged ships and lays down the principles and procedure to be followed by the flag States competent staff.  Further to Joint Political Declarations, the Commission is now considering the need for explanatory documents on a case-by-case basis. By virtue of the principle of proportionality, explanatory documents have not been deemed justified in the present proposal since the proposal modifies only a limited number of legal obligations of an existing directive. Thus, the present proposal does not include the recital on explanatory documents. BUDGETARY IMPLICATIONS: the proposal has no implications for the EU budget.

  • DG {u'url': u'http://ec.europa.eu/dgs/transport/index_en.htm', u'title': u'Mobility and Transport'}, KALLAS Siim

Documents

• Legislative proposal published: COM(2012)0134
• Committee draft report: PE494.689
• Amendments tabled in committee: PE498.018
• Committee report tabled for plenary, 1st reading/single reading: A7-0037/2013
• Decision by Parliament, 1st reading/single reading: T7-0080/2013
• Results of vote in Parliament: Results of vote in Parliament

History

(these mark the time of scraping, not the official date of the change)