BETA


2008/2660(RSP) Resolution on the proposal for a Council directive 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

Progress: Procedure completed

Legal Basis:
RoP 107-p3

Events

2009/02/16
   EU - Follow-up document
Details

The Council adopted 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.

This Directive implements the Agreement on Maritime Labour Convention, 2006, concluded on 19 May 2008 between the organisations representing management and labour in the maritime transport sector (European Community Shipowners’ Associations, ECSA and European Transport Workers’ Federation, ETF).

This Directive came about because on 19 May 2008, the organisations wished to help create of a global level playing field throughout the maritime industry and concluded an Agreement on the Maritime Labour Convention, 2006. This Agreement and its Annex contain a joint request to the Commission to implement them by a Council decision on a proposal from the Commission, in accordance with Article 139(2) of the Treaty.

The Agreement applies to seafarers on board ships registered in a Member State and/or flying flag of a Member State. It amends the European Agreement on the organisation of working time of seafarers concluded in Brussels on 30 September 1998 by ECSA and the Federation of Transport Workers’ Unions in the European Union (FST). The Agreement will enter into force simultaneously with the Maritime Labour Convention, 2006, and the social partners wish the national measures implementing the Directive to enter into force not earlier than on the date of entry into force of the Convention.

Member States may entrust management and labour, at their joint request, with the implementation of the Directive, as long as the Member States take all the necessary steps to ensure that they can at all times guarantee the results imposed by the Directive.

The Directive complies with the fundamental rights and principles set out in the Charter of Fundamental Rights of the EU and in particular with Article 31 which provides that all workers have the right to healthy, safe and dignified working conditions, to a limit on their maximum working time and to weekly and daily rest periods and an annual period of paid leave.

Lastly, it should be noted that the Directive and the Agreement lay down minimum standards. Member States and/or the social partners are able to maintain or introduce more favourable provisions.

2009/01/14
   EP - Decision by Parliament
Details

The European Parliament adopted by 646 votes to 20 with 5 abstentions, a resolution tabled by the Committee on Employment and Social Affairs on the proposal for a Council directive 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.

Parliament began by welcoming the fact that, although Article 139(2) of the Treaty does not provide for Parliament to be consulted in relation to requests made to the Commission by the social partners, the Commission has forwarded its proposal to Parliament and has asked it to communicate its opinion to the Commission and the Council. It supports the agreement concluded by the social partners on certain aspects of the working conditions of workers in the maritime shipping sector as it strikes a fair balance between the need to improve working conditions and to protect the health and safety of seafarers.

The Agreement should be submitted to the Council, and Parliament calls on the Council to adopt the Commission proposal with a view to implementing the Agreement as concluded by the social partners, taking into account any special interests of the Member States and, accordingly, of the EU.

Parliament considers that it is essential to define and enforce global minimum standards of employment and health and safety conditions for seafarers employed or working on board seagoing ships. It welcomes the fact that the Agreement as concluded by the social partners and the Commission proposal provide only for minimum requirements. Member States and/or the social partners are free to adopt measures which are more favourable to workers in the area concerned and substantially equivalent to the provisions of Part A of the Code of the Convention.

Parliament recommends the adoption of the Commission proposal. It calls on all Member States to ratify the Maritime Labour Convention 2006 without delay.

Documents
2009/01/14
   EP - End of procedure in Parliament
2008/12/16
   CSL - Council Meeting
2008/12/08
   EP - Motion for a resolution
Documents
2008/07/02
   all - Additional information
Details

COM(2008) 422

Documents

History

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

commission/0/dg
Old
Economic and Financial Affairs Employment, Social Affairs and Inclusion
New
Employment, Social Affairs and Inclusion Economic and Financial Affairs
docs/0/docs/0/url
Old
http://www.europarl.europa.eu/doceo/document/B-6-2008-0624_EN.html
New
https://www.europarl.europa.eu/doceo/document/B-6-2008-0624_EN.html
events/1
date
2009-01-14T00:00:00
type
Decision by Parliament
body
EP
docs
url: https://www.europarl.europa.eu/doceo/document/TA-6-2009-0020_EN.html title: T6-0020/2009
summary
events/1
date
2009-01-14T00:00:00
type
Decision by Parliament, 1st reading/single reading
body
EP
docs
url: http://www.europarl.europa.eu/doceo/document/TA-6-2009-0020_EN.html title: T6-0020/2009
summary
procedure/legal_basis/0
Rules of Procedure EP 107-p3
procedure/legal_basis/0
Rules of Procedure EP 101-p3
commission/0/dg
Old
Employment, Social Affairs and Inclusion Economic and Financial Affairs
New
Economic and Financial Affairs Employment, Social Affairs and Inclusion
docs/0/docs/0/url
Old
http://www.europarl.europa.eu/sides/getDoc.do?type=MOTION&reference=B6-2008-624&language=EN
New
http://www.europarl.europa.eu/doceo/document/B-6-2008-0624_EN.html
docs/1/docs/1/url
Old
https://eur-lex.europa.eu/JOHtml.do?uri=OJ:L:2009:124:SOM:EN:HTML
New
https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:L:2009:124:TOC
events/1
date
2009-01-14T00:00:00
type
Decision by Parliament, 1st reading/single reading
body
EP
docs
url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P6-TA-2009-20 title: T6-0020/2009
summary
events/1
date
2009-01-14T00:00:00
type
Results of vote in Parliament
body
EP
docs
url: https://oeil.secure.europarl.europa.eu/oeil/popups/sda.do?id=16588&l=en title: Results of vote in Parliament
events/1/docs/0/url
Old
http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P6-TA-2009-20
New
http://www.europarl.europa.eu/doceo/document/TA-6-2009-0020_EN.html
events/2
date
2009-01-14T00:00:00
type
Decision by Parliament, 1st reading/single reading
body
EP
docs
url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P6-TA-2009-20 title: T6-0020/2009
summary
activities
  • date: 2008-07-02T00:00:00 body: all type: Additional information
  • date: 2008-12-16T00:00:00 body: CSL type: Council Meeting council: Employment, Social Policy, Health and Consumer Affairs meeting_id: 2916
  • date: 2009-01-14T00:00:00 docs: url: http://www.europarl.europa.eu/oeil/popups/sda.do?id=16588&l=en type: Results of vote in Parliament title: Results of vote in Parliament url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P6-TA-2009-20 type: Decision by Parliament, 1st reading/single reading title: T6-0020/2009 body: EP type: Results of vote in Parliament
commission
  • body: EC dg: Employment, Social Affairs and Inclusion Economic and Financial Affairs commissioner: -- --
committees
    council
    • body: CSL type: Council Meeting council: Employment, Social Policy, Health and Consumer Affairs meeting_id: 2916 url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=SMPL&ROWSPP=25&RESULTSET=1&NRROWS=500&DOC_LANCD=EN&ORDERBY=DOC_DATE+DESC&CONTENTS=2916*&MEET_DATE=16/12/2008 date: 2008-12-16T00:00:00
    docs
    • date: 2008-12-08T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=MOTION&reference=B6-2008-624&language=EN title: B6-0624/2008 type: Motion for a resolution body: EP
    • date: 2009-02-16T00:00:00 docs: url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32009L0013 title: 32009L0013 url: https://eur-lex.europa.eu/JOHtml.do?uri=OJ:L:2009:124:SOM:EN:HTML title: OJ L 124 20.05.2009, p. 0030 summary: The Council adopted 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. This Directive implements the Agreement on Maritime Labour Convention, 2006, concluded on 19 May 2008 between the organisations representing management and labour in the maritime transport sector (European Community Shipowners’ Associations, ECSA and European Transport Workers’ Federation, ETF). This Directive came about because on 19 May 2008, the organisations wished to help create of a global level playing field throughout the maritime industry and concluded an Agreement on the Maritime Labour Convention, 2006. This Agreement and its Annex contain a joint request to the Commission to implement them by a Council decision on a proposal from the Commission, in accordance with Article 139(2) of the Treaty. The Agreement applies to seafarers on board ships registered in a Member State and/or flying flag of a Member State. It amends the European Agreement on the organisation of working time of seafarers concluded in Brussels on 30 September 1998 by ECSA and the Federation of Transport Workers’ Unions in the European Union (FST). The Agreement will enter into force simultaneously with the Maritime Labour Convention, 2006, and the social partners wish the national measures implementing the Directive to enter into force not earlier than on the date of entry into force of the Convention. Member States may entrust management and labour, at their joint request, with the implementation of the Directive, as long as the Member States take all the necessary steps to ensure that they can at all times guarantee the results imposed by the Directive. The Directive complies with the fundamental rights and principles set out in the Charter of Fundamental Rights of the EU and in particular with Article 31 which provides that all workers have the right to healthy, safe and dignified working conditions, to a limit on their maximum working time and to weekly and daily rest periods and an annual period of paid leave. Lastly, it should be noted that the Directive and the Agreement lay down minimum standards. Member States and/or the social partners are able to maintain or introduce more favourable provisions. type: Follow-up document body: EU
    events
    • date: 2008-07-02T00:00:00 type: Additional information body: all summary: COM(2008) 422
    • date: 2009-01-14T00:00:00 type: Results of vote in Parliament body: EP docs: url: https://oeil.secure.europarl.europa.eu/oeil/popups/sda.do?id=16588&l=en title: Results of vote in Parliament
    • date: 2009-01-14T00:00:00 type: Decision by Parliament, 1st reading/single reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P6-TA-2009-20 title: T6-0020/2009 summary: The European Parliament adopted by 646 votes to 20 with 5 abstentions, a resolution tabled by the Committee on Employment and Social Affairs on the proposal for a Council directive 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. Parliament began by welcoming the fact that, although Article 139(2) of the Treaty does not provide for Parliament to be consulted in relation to requests made to the Commission by the social partners, the Commission has forwarded its proposal to Parliament and has asked it to communicate its opinion to the Commission and the Council. It supports the agreement concluded by the social partners on certain aspects of the working conditions of workers in the maritime shipping sector as it strikes a fair balance between the need to improve working conditions and to protect the health and safety of seafarers. The Agreement should be submitted to the Council, and Parliament calls on the Council to adopt the Commission proposal with a view to implementing the Agreement as concluded by the social partners, taking into account any special interests of the Member States and, accordingly, of the EU. Parliament considers that it is essential to define and enforce global minimum standards of employment and health and safety conditions for seafarers employed or working on board seagoing ships. It welcomes the fact that the Agreement as concluded by the social partners and the Commission proposal provide only for minimum requirements. Member States and/or the social partners are free to adopt measures which are more favourable to workers in the area concerned and substantially equivalent to the provisions of Part A of the Code of the Convention. Parliament recommends the adoption of the Commission proposal. It calls on all Member States to ratify the Maritime Labour Convention 2006 without delay.
    • date: 2009-01-14T00:00:00 type: End of procedure in Parliament body: EP
    links
    other
    • body: EC dg: url: http://ec.europa.eu/social/ title: Employment, Social Affairs and Inclusion url: http://ec.europa.eu/dgs/economy_finance/index_en.htm title: Economic and Financial Affairs
    procedure/legal_basis/0
    Rules of Procedure EP 101-p3
    procedure/legal_basis/0
    Rules of Procedure of the European Parliament EP 101-p3
    procedure/subject
    Old
    • 3.15.08 Fishing enterprises, fishermen, working conditions on board
    • 3.20.10 Transport undertakings, transport industry employees
    • 4.10.10 Social protection, social security
    • 4.15.15 Health and safety at work, occupational medicine
    New
    3.15.08
    Fishing enterprises, fishermen, working conditions on board
    3.20.10
    Transport undertakings, transport industry employees
    4.10.10
    Social protection, social security
    4.15.15
    Health and safety at work, occupational medicine
    procedure/subtype
    Old
    Resolution on statements
    New
    • Resolution on statement
    • See also 2012/0065(COD)
    procedure/summary
    • See also
    activities
    • date: 2008-07-02T00:00:00 body: all type: Additional information
    • date: 2008-12-16T00:00:00 body: CSL type: Council Meeting council: Employment, Social Policy, Health and Consumer Affairs meeting_id: 2916
    • date: 2009-01-14T00:00:00 docs: url: http://www.europarl.europa.eu/oeil/popups/sda.do?id=16588&l=en type: Results of vote in Parliament title: Results of vote in Parliament url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P6-TA-2009-20 type: Decision by Parliament, 1st reading/single reading title: T6-0020/2009 body: EP type: Results of vote in Parliament
    committees
      links
      other
      • body: EC dg: url: http://ec.europa.eu/social/ title: Employment, Social Affairs and Inclusion url: http://ec.europa.eu/dgs/economy_finance/index_en.htm title: Economic and Financial Affairs
      procedure
      reference
      2008/2660(RSP)
      title
      Resolution on the proposal for a Council directive 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
      legal_basis
      Rules of Procedure of the European Parliament EP 101-p3
      stage_reached
      Procedure completed
      summary
      See also
      subtype
      Resolution on statements
      type
      RSP - Resolutions on topical subjects
      subject