10 Amendments of Claudette ABELA BALDACCHINO related to 2013/0390(COD)
Amendment 14 #
Proposal for a directive
Recital 5
Recital 5
(5) The present legal situation, existing in part as result of the specific nature of the seafaring profession, gives rise to unequal treatment of the same category of workers by different Member States, according to whether they apply or not the exemptions and derogations allowed by present legislation. An important number of the Member States have made limited use of the exclusions. and cover seafarers by collective bargaining agreements that provide a certain level of protection. In addition, the entry into force in August 2013 of the ILO Maritime Labour Convention is a step in the right direction guaranteeing an international level playing field on some employees' rights, but not all.
Amendment 15 #
Proposal for a directive
Recital 10
Recital 10
(10) The rights of seafarers covered by this Directive, recognised by the Member States in the national legislation implementing Directives 2008/94/EC, 2009/38/EC, 2002/14/EC, 98/59/EC and/or 2001/23/EC should be respected, subject to the qualifications and conditions in the amendments.
Amendment 16 #
Proposal for a directive
Recital 11 a (new)
Recital 11 a (new)
(11 a) Seagoing workers have a right to a safe and secure workplace in which safety standards are complied with, they should have fair terms of employment, decent living and working conditions, including social protection.
Amendment 17 #
Proposal for a directive
Recital 11 b (new)
Recital 11 b (new)
(11 b) The Maritime Labour Convention of 2006 sets out seafarers' rights to decent conditions of work on a wide range of subjects, and provides coherent rights and protection at work for all seagoing workers 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 through its global application.
Amendment 18 #
Proposal for a directive
Recital 11 c (new)
Recital 11 c (new)
(11 c) The Union should always strive to improve working and living conditions onboard ships in order to make them attractive to European seagoing workers.
Amendment 19 #
Proposal for a directive
Recital 11 d (new)
Recital 11 d (new)
(11 d) The Union should aim towards the improvement of internet based communications on board ships such as enhancing the availability of internet, ensuring reasonable use on board in order to assist in the implementation of this Directive.
Amendment 22 #
Proposal for a directive
Article 3
Article 3
Directive 2002/14/EC
Article 3 – paragraph 3
Article 3 – paragraph 3
In Article 3(3) is replaced by the following: ‘3. Member States may derogate from this Directive through particular provisions applicable to the crews of vessels plying the high seas, provided that such particular provisions guarantee an equivalent level of protection of the right to information and consultation and its effective exercise by the employees concern, paragraph 3 is deleted.’
Amendment 26 #
Proposal for a directive
Article 4 – point 3
Article 4 – point 3
Directive 98/59EC
Article 4 – paragraph 1a (new)
Article 4 – paragraph 1a (new)
When projected collective redundancies of members of a crew, are carried out in connection with or deriving from a transfer of a seagoing vessel, Member States may, after consultingagreement with the social partners, grant the competent public authority the power to derogate, in full or in part, from the period provided for in paragraph 1 in the following circumstances:
Amendment 27 #
Proposal for a directive
Article 5 – paragraph 1 – point 2
Article 5 – paragraph 1 – point 2
Directive 2001/23/EC
Article 1 – paragraph 3
Article 1 – paragraph 3
This Directive shall apply to the transfer of a seagoing vessel registered in and/or flying the flag of a Member State and constituting an undertaking, business or part of an undertaking or business for the purposes of this Directive, even when it is not situated within the territorial scope of the Treaty, or any other seagoing vessel operating in the territorial scope of the Treaty.
Amendment 29 #
Proposal for a directive
Article 5 – paragraph 1 – subparagraph 1 – point 3
Article 5 – paragraph 1 – subparagraph 1 – point 3
Directive 2001/23/EC
Article 1 – paragraph 4 (new)
Article 1 – paragraph 4 (new)