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Seafarers’ Welfare [EU]

Organisation of hours of work on board ships using Community ports

This Directive aims to improve safety at sea, combat unfair competition from third-country shipowners and protect the health and safety of seafarers on board ships using Community ports.

Directive 1999/95/EC of the European Parliament and of the Council of 13 December 1999 concerning the enforcement of provisions in respect of seafarers’ hours of work on board ships calling at Community ports.

Summary

The basic directive on various aspects of the organisation of working time provides for the replacement of the Directive’s general provisions with more specific requirements. This is case for the maritime sector due to the particularly long hours of work at sea.

The current directive is designed to permit application of the provisions governing hours of work on ships * which are not flying the flag of a Member State or are not registered in the territory of a Member State.

The provisions of the directive will not apply to these ships until ILO Convention No 180 and the Protocol to ILO Convention No 147 enter into force.

Enforcement of the provisions contained in ILO Convention No 180 is monitored on the basis of:

  • a table with the shipboard working arrangements;
  • seafarers’ records of hours of work and hours of rest;
  • the physical state of the seafarers (excessive fatigue as a result of excessive working hours).

The directive includes an annex with a model table with the shipboard working arrangements and a model record of hours of work and hours of rest.

A Member State that has received a complaint or obtained evidence that a ship does not conform to the existing international standards must:

  • forward a report to the government of the country in whose registry the ship is registered;
  • take all necessary measures to ensure that any conditions on board ship which are hazardous for the safety or health of seafarers are rectified.

The measures may include a ban on leaving the port until such time as the irregularities have been rectified.

In the event of failure to comply with the rules governing working hours, the competent authority of the Member State must inform the master, the owner or operator, the administration of the flag State or the State where the ship is registered or the consul, and specify the corrective actions required.

The Member State must ensure that the ship does not leave the port until the deficiencies have been rectified.

When carrying out inspections *, Member States may not unduly delay ships.

The owner or the operator of the ship or his representative in the Member State may appeal against any detention decision. An appeal does not cause the detention to be suspended.

Member States and the competent authorities must cooperate with a view to ensuring the effective application of the directive.

The bulk of the existing measures in the field of maritime transport is derived from international standards adopted by the International Maritime Organisation and the International Labour Organisation.

In 1995 the International Maritime Organisation adopted a revised Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STCW Convention), which notably provides for:

  • minimum daily rest periods of ten hours every 24 hours, which cannot be split into more than two periods, and including one consecutive six-hour period at least ;
  • weekly rest time of at least 70 hours.

Likewise, in 1996 the International Labour Organisation (ILO) adopted Convention 180 concerning seafarers’ hours of work and the manning of ships and the Protocol to the Merchant Shipping (Minimum Standards) Convention of 1976.

At European level, the Council has adopted Directive 1999/63/EC giving effect to the agreement between the European Shipowners’ Association (ECSA) and the federation of European transport workers’ trade unions (FETT) signed on 30 September 1998. This agreement concerns seafarers’ hours of work on board ships flying a flag of a Member State of the European Union. It is supplemented by the current directive so as to extend its scope to third-country ships using Community ports and to ensure that all seafarers enjoy a comparable level of protection in the field of health and safety.

References

Act Entry into force Deadline for transposition in the Member States Official Journal
Directive 1999/95/EC [adoption: codecision COD/1998/0321] 20.01.2000 30.06.2002 OJ L 14 of 20.01.2000

Organisation of seafarers’ working time

This Directive aims to protect the health and safety of seafarers by laying down minimum requirements with regard to working time.

ACT

Council Directive 1999/63/EC of 21 June 1999 concerning the Agreement on the organisation of working time of seafarers concluded by the European Community Shipowners’ Association (ECSA) and the Federation of Transport Workers’ Unions in the European Union (FST).

Summary

The basic directive concerning certain aspects of the organisation of working time provides for the replacement of its general provisions with more specific requirements. This is the case for the maritime sector.

The current directive is intended to put into effect the European Agreement concluded on 30 September 1998 between the trade-union and employers’ organisations of the maritime transport sector (ECSA and FST) concerning the working time of seafarers *. Those organisations are strongly representative at European level. The ECSA, the main employers’ organisation, represents the national associations of shipowners * from all the Member States, while the FST represents a large majority of European seafarers.

The agreement in question, comprised in an annex to the directive, applies to seafarers on board every seagoing ship, whether publicly or privately owned, which is registered in the territory of a Member State and is ordinarily engaged in commercial maritime operations. A ship that is on the register of two Member States is deemed to be registered in the State whose flag it flies.

Hours of work * and rest * are laid down as follows:

  • either the maximum hours of work which must not exceed:

– 14 hours in any 24-hour period;

– 72 hours in any seven-day period;

  • or the minimum hours of rest which must not be less than:

– 10 hours in any 24-hour period;

– 77 hours in any seven-day period.

Hours of rest may not be divided into more than two periods, one of which must be at least six hours in length, and the interval between consecutive periods of rest must not exceed 14 hours. Musters, fire-fighting and lifeboat drills, and drills prescribed by national laws and international instruments must be conducted in a manner that minimises the disturbance of rest periods. Provision is to be made for a compensatory rest period if a seafarer’s normal period of rest is disturbed by call-outs.

Seafarers are entitled to paid annual leave of at least four weeks, or a proportion thereof for periods of employment of less than one year. The minimum period of paid leave may not be replaced by an allowance in lieu.

Seafarers under the age of 18 are not permitted to work at night *. In addition, no person under 16 years of age is allowed to work on a ship.

The master of a ship has the right to require a seafarer to perform any hours of work necessary for the immediate safety of the ship, persons on board or cargo, or for the purpose of giving assistance to other ships or persons in distress at sea. The master may also suspend the schedule of hours of work or hours of rest until the normal situation has been restored.

The on-board working arrangements are to be posted up in an easily accessible place, in a standardised format in the working language or languages of the ship and in English. The information to be given includes:

  • the schedule of service at sea and in port;
  • the maximum hours of work or the minimum hours of rest required by the laws, regulations or collective agreements in force.

The master must do everything necessary to ensure that the rules governing hours of rest and hours of work are complied with.

The shipowner must ensure that the master is given the necessary resources and adequate manpower.

All seafarers must:

  • possess a certificate attesting to their fitness for the work for which they are employed;
  • have regular health assessments.

Member States may maintain or introduce more favourable provisions than those laid down in the directive.

Member States must take the necessary steps to comply with the provisions of the directive by 30 June 2002 at the latest, or ensure that, by this date at the latest, the social partners have implemented the necessary provisions by means of agreement.

Background

Faced with regulations or standards that are not suitable for the maritime sector, some shipowners may be tempted to register their ships on “open registers” also known as under a “flag of convenience”, thus avoiding rules on occupational safety and labour law. International agreements have been concluded within the international organisations concerned in order to combat this trend.
It is important to preserve the competitiveness of the European maritime sector whilst allowing it to comply with these regulations and in particular those providing for specific organisation of working time working time.

In 1995, the International Maritime Organisation adopted a revised Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STCW Convention).

Provision is thereby made for:

  • minimum daily rest periods of 10 hours per 24 hours, which may not be divided into more than two periods, including one period of at least six consecutive hours;
  • a weekly rest period of not less than 70 hours.

In October 1996, the International Labour Organisation adopted Convention No 180 on hours of work in shipping.

Furthermore, Directive 1999/95 puts in place a system to monitor compliance with the working time standards by vessels registered in third countries and calling at Community ports.

Key terms used in the act
·         Seafarer: any person who is employed or engaged in any capacity on board a seagoing ship to which the Agreement applies.

·         Hours of work: time during which a seafarer is required to do work on account of the ship.

·         Hours of rest: time outside hours of work; this term does not include short breaks.

·         Shipowner: the owner of the ship or any other organisation or person, such as the manager or bareboat charterer, who has assumed the responsibility for the operation of the ship from the shipowner and who on assuming such responsibility has agreed to take over all the attendant duties and responsibilities.

·         Night: a period of at least nine consecutive hours, including the interval from midnight to 5 a.m.

References

Act Entry into force Deadline for transposition in the Member States Official Journal
Directive 1999/63/EC 02.7.1999 30.6.2002 OJ L 167 of 2.7.1999

RELATED ACTS

Proposal for a Council Directive of 2 July 2008 implementing the Agreement concluded by the European Community Shipowners’ Association (ECSA) and the European Transport Workers’ Federation (ETF) on the Maritime Labour Convention, 2006, and amending Directive 1999/63/EC [COM(2008) 422 final – Not published in the Official Journal].
This Proposal amends Directive 1999/63/EC in order to take into account the agreement on the Maritime Labour Convention 2006.

This new Convention, adopted by the International Labour Organization (ILO), creates a single instrument which integrates all the standards that are applicable to international maritime work.

The Proposal for a Directive provides for amendments to be made in working time organisation for seafarers. It gives details of how to calculate days of leave, and exceptions to the ban on night work for those under the age of 18 when this work is carried out within the framework of approved training or a study programme.

The Proposal also adds to provisions concerning the health and safety of workers. To be admitted on board, seafarers must hold a valid medical certificate attesting that they are fit to perform their duties. Temporary exceptions will be provided for in case of emergency or if the validity of a certificate expires in the course of a voyage. Seafarers will be subject to regular and free health assessments.

The relevant national authorities should consult unions and employers’ associations when these provisions are to be implemented.

 

Improved medical treatment on board vessels

This Directive sets out the responsibilities of the owners and Member States with regard to health and safety on board vessels. It stipulates the precautions to be taken for the different types of vessels and voyages, particularly with regard to antidotes, information and medical training for workers on board, and medical assistance by radio.

ACT

Council Directive 92/29/EEC of 31 March 1992 on the minimum safety and health requirements for improved medical treatment on board vessels [See amending acts].

Summary

Each Member State shall take the necessary measures to ensure that:

  • every vessel * flying its flag or registered under its plenary jurisdiction always carries on board medical supplies * which meet, in terms of quality, the specifications of Annex II for the category of vessel to which it belongs;
  • the quantities of medicinal products and medical equipment depend on the nature of the voyage, the activities, the cargo and the number of workers *;
  • the contents of the supplies are detailed on a checklist corresponding to the framework laid down in Annex IV;
  • every vessel carries a watertight medicine chest for each of its lifeboats (the contents of these medicine chests must be detailed on the checklist);
  • every vessel of more than 500 gross registered tonnes, with a crew of 15 or more workers and engaged on a voyage of more than three days, has a sick-bay in which medical treatment can be administered;
  • every vessel with a crew of 100 or more workers, engaged on an international voyage of more than three days, has a doctor on board.

Antidotes

Any vessel carrying dangerous substances must have medical supplies including antidotes * (Annex II) appropriate to the danger presented by such substances; in principle, all antidotes are carried on ferry-type vessels, since the nature of the dangerous substances transported on these vessels is not always known well enough in advance. The contents of the supplies must be detailed on a checklist.

Responsibilities

The provision and replenishment of the medical supplies are the responsibility of the owner * and are undertaken exclusively at his expense. Responsibility for the management of the supplies lies with the captain. They must be kept in good condition.

Information and training

The Directive provides that the medical supplies must be accompanied by information and training measures to ensure that medical treatment is given correctly:

  • the medical supplies must contain a guide to their use;
  • maritime vocational training must include basic training in medical and emergency measures;
  • the captain and any worker or workers to whom he delegates the use of the medical supplies must receive special medical training in accordance with the general guidelines set out in Annex IV.

Medical consultations by radio

The Member States shall designate centres which hold the necessary data to ensure better emergency treatment for workers. Personal data of a medical nature held by these centres shall remain confidential.

Medical supplies must be inspected annually.

Technical changes to the Annexes shall be adopted by the Commission or, if necessary, the Council, with the assistance of a committee composed of representatives of the Member States.

Background

The purpose of this Directive is to improve medical treatment at sea, since a vessel is a workplace which, on account of its mobility and its geographical isolation, presents heightened risks to the safety and health of the workers on board.

Key terms used in the act
·         Vessel: any vessel flying the flag of a Member State, or registered in a Member State, sea-going or estuary-fishing, excluding inland navigation vessels, warships, pleasure boats and tugs operating in harbour areas (vessels shall be classed in three categories in accordance with Annex I);

·         Medical supplies: medicines, medical equipment and antidotes listed in Annex II;

·         Worker: any person carrying out an occupation on board a vessel, excluding port pilots and shore personnel carrying out work on board a vessel at the quayside;

·         Antidote: a substance used to prevent or treat the harmful effects of the dangerous substances listed in Annex III;

·         Owner: the registered owner or, where appropriate, the demise charterer or manager of a vessel.

References

 

Act Entry into force Deadline for transposition in the Member States Official Journal
Directive 92/29/EEC 10.4.1992 31.12.1995 JO L 113 of 30.4.1992

 

Amending act(s) Entry into force Deadline for transposition in the Member States Official Journal
Directive 2007/30/EC 28.6.2007 31.12.2012 OJ L 165 of 27.6.2007

 

 

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