BETA


Events

2015/10/08
   Final act published in Official Journal
Details

PURPOSE: to improve working conditions for and consultation of seagoing workers.

LEGISLATIVE ACT: Directive (EU) 2015/1794 of the European Parliament and of the Council amending Directives 2008/94/EC, 2009/38/EC and 2002/14/EC of the European Parliament and of the Council, and Council Directives 98/59/EC and 2001/23/EC, as regards seafarers.

CONTENT: the Directive aims to improve working conditions for seafarers working on vessels flying the flag of one of the 28 EU Member States while taking proper account of the specific features of the maritime sector.

The Directive amends five existing Directives from the scope of which seafarers may be excluded. The five Directives in question are:

Directive 2008/94/EC relating to the protection of employees in the event of the insolvency of their employer : the new Directive provides that, where such provision already applies in their national legislation, Member States may continue to exclude domestic servants employed by a natural person from the scope of the Directive; Directive 2009/38/EC on the establishment of European Works Council: the new Directive provides for (i) the possibility for seagoing workers to participate in works councils and (ii) examining the possibility of using new information and communication technologies in cases where a member of a European Works Council who is a member of the crew of a seagoing vessel, is unable to attend a meeting; Directive 2002/14/EC establishing a general framework for informing and consulting employees : the general clause enabling Member States to derogate from the Directive (regarding a general framework for informing and consulting employees ) through particular provisions applicable to the crews of vessels plying the high seas, is deleted; Directive 98/59/EC on the approximation of the laws of the Member States relating to collective redundancies : this Directive will now include within its scope the crews of seagoing vessels. Where the projected collective redundancy concerns members of the crew of a seagoing vessel, the employer shall notify the competent authority of the State of the flag which the vessel flies; Directive 2001/23/EC relating to the safeguarding of employees’ rights in the event of transfers of undertakings : this Directive will now apply to a transfer of a seagoing vessel that is part of a transfer of an undertaking, business, provided that the transferee is situated, or the transferred undertaking, business, or part of an undertaking or business remains, within the territorial scope of the Treaty. This Directive will not apply where the object of the transfer consists exclusively of one or more seagoing vessels.

Level of protection : the implementation of the Directive shall under no circumstances constitute grounds for a reduction in the general level of protection of persons covered by the Directive, already afforded by the Member States in the fields covered by the five amended Directives.

The Directive will be implemented in accordance with the fundamental rights and principles recognised in the Charter of Fundamental Rights of the European Union , in particular the right to fair and just working conditions and to information and consultation within the undertaking.

Commission report: the Commission, after consulting Member States and the social partners at the Union level, shall submit a report on the implementation and application of the Directive by 10.10.2019.

ENTRY INTO FORCE: 9.10.2015.

TRANSPOSITION: 10.10.2017.

2015/10/07
   CSL - Draft final act
Documents
2015/10/06
   CSL - Final act signed
2015/09/24
   EC - Commission response to text adopted in plenary
Documents
2015/09/18
   EP/CSL - Act adopted by Council after Parliament's 1st reading
2015/09/18
   EP - End of procedure in Parliament
2015/09/18
   CSL - Council Meeting
2015/07/08
   EP - Results of vote in Parliament
2015/07/08
   EP - Decision by Parliament, 1st reading/single reading
Details

The European Parliament adopted by 642 votes to 38, with 24 abstentions, a legislative resolution on the proposal for a directive of the European Parliament and of the Council on seafarers amending Directives 2008/94/EC, 2009/38/EC, 2002/14/EC, 98/59/EC and 2001/23/EC.

Parliament adopted its position at first reading following the ordinary legislative procedure. The amendment adopted in plenary amend the Commission proposal as follows:

Increase the number and quality of maritime jobs: a recital stipulated that there is a need for an increase in the number and quality of maritime jobs for citizens of the Union and the importance of improving working conditions on board, inter alia through investment in research, education, training, health and safety. The Union should

The Union should strive to improve working and living conditions on board ships, and to exploit the potential for innovation in order to make the maritime sector more attractive to Union seafarers, including young workers .

Take account of the common understanding reached by social partners : another recital stipulates that in the framework of their social dialogue, the social partners in the maritime sector have reached a common understanding which is of major importance for this Directive. That common understanding strikes a good balance between the need to improve seafarers' working conditions and the need to take proper account of the sector's specific features.

- Amendment to Directive 2008/94/EC on the protection of employees in the event of the insolvency of their employer :

continue to exclude from the scope of the Directive : it is provided that where such provision already applies in their national legislation, Member States may continue to e xclude domestic servants employed by a natural person from the scope of this Directive.

- Amendment to Directive 2002/14/EC establishing a general framework for informing and consulting employees : the Article stipulating that Member States may derogate from this Directive through particular provisions applicable to the crews of vessels plying the high seas has been deleted.

The existence of, and/or possibility of introducing, exclusions may prevent seafarers from fully enjoying their rights to fair and just working conditions and to information and consultation, or limit the full enjoyment of those rights. Insofar as the existence of, and/or possibility of introducing, exclusions is not justified on objective grounds and seafarers are not treated equally, provisions which allow such exclusions should be deleted .

The present legal situation, existing in part as a 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 or not they apply the exclusions and optional exclusions allowed by the legislation in force. A significant number of the Member States have made no, or only limited, use of those optional exclusions.

- Amendments to Directive 2009/38/EC on the establishment of a European Works Council :

possibility to participate in the Works Council : it is stated that a member of a special negotiating body or of a European Works Council, or such a member's alternate, who is a member of the crew of a seagoing vessel, shall be entitled to participate in a meeting of the special negotiating body or of the European Works Council, or in any other meeting under any procedures established pursuant to the procedure laid down in the Directive, where that member or alternate is not at sea or in a port in a country other than that in which the shipping company is domiciled, when the meeting takes place; use of new information and communication technologies : meetings shall, where practicable, be scheduled to facilitate the participation of members or alternates, who are members of the crews of seagoing vessels. In cases where a member of a special negotiating body or of a European Works Council, or such a member's alternate, who is a member of the crew of a seagoing vessel, is unable to attend a meeting, the possibility of using, where possible, new information and communication technologies shall be considered.

- Amendments to Directive 98/59/EC on collective redundancies :

notification of a collective redundancy : where the projected collective redundancy concerns members of the crew of a seagoing vessel, the employer shall notify the competent authority of the state of the flag which the vessel flies.

- Amendment to Directive 2001/23/EC on the approximation of the laws of the Member States relating to the safeguarding of employees' rights in the event of transfers of undertakings, businesses or parts of undertakings or businesses : the Directive shall apply to a transfer of a seagoing vessel that is part of a transfer of an undertaking, business or part of an undertaking or business, provided that the transferee is situated, or the transferred undertaking, business, or part of an undertaking or business remains, within the territorial scope of the Treaty. It shall not apply where the object of the transfer consists exclusively of one or more seagoing vessels.

Level of protection : the implementation of this Directive shall under no circumstances constitute grounds for a reduction in the general level of protection of persons covered by this Directive, already afforded by the Member States in this field.

Reporting : the Commission shall submit a report to the European Parliament and to the Council on the implementation of this Directive at the latest four years after its entry into force.

Transposition : the text should be transposed in the Members States two years after its entry into force.

Documents
2015/06/17
   EP - Specific opinion
Documents
2015/05/28
   EP - Approval in committee of the text agreed at 1st reading interinstitutional negotiations
2015/05/21
   EP - HAUTALA Heidi (Verts/ALE) appointed as rapporteur in JURI
2015/04/09
   EP - Committee report tabled for plenary, 1st reading/single reading
Details

The Committee on Employment and Social Affairs adopted the report by Elisabeth MORIN-CHARTIER (EPP, FR) on the proposal for a directive of the European Parliament and of the Council on seafarers amending Directives 2008/94/EC, 2009/38/EC, 2002/14/EC, 98/59/EC and 2001/23/EC.

The committee recommended that the European Parliament’s position adopted at first reading following the ordinary legislative procedure should amend the Commission proposal as follows:

Social partner’s agreement : a new recital stipulates that the social partners in the maritime and fisheries sector have reached an agreement of vital importance for the proper implementation of this Directive. That agreement strikes a good balance between the need to improve seafarers' working conditions and the need to take proper account of the sector’s specific features.

Safe and secure conditions : seafarers have a right to a safe and secure workplace, in which safety standards are complied with, and should have fair terms of employment and decent living and working conditions, including social protection and professional training. The Union should always strive to improve working and living conditions on board ships, and to exploit the potential for innovation in order to make the maritime sector more attractive to Union seafarers including young workers. Consequently, the Commission should draw up an agenda encouraging young workers to join the sector.

Works Council : it is stated that a member of a special negotiating body or the European Works Council, or his or her representative, who is a member of the crew of a seagoing vessel, shall be entitled to participate in meetings of the special negotiating body or European Works Council or any other meeting within the procedure established under the proposed Directive if he or she is not at sea or in a port in a State other than that in which the undertaking is domiciled when the meeting takes place.

Using new technological developments to enhance remote communication : with a view to maximising the chances of worker representation, use shall be made, wherever possible, of new information and communication technologies in cases where a member of a special negotiating body or a European Works Council or his or her representative, who is a member of the crew of a seagoing vessel is unable to attend a meeting.

Scope : this Directive shall apply to the transfer of a seagoing vessel that is part of a transfer of an undertaking, business, or part of an undertaking or business provided that the transferee is situated within the territorial scope of the Treaty, or the transferred undertaking, business, or part of an undertaking or business remains within the territorial scope of the Treaty.

This Directive shall not apply if the object of the transfer consists exclusively of one or more seagoing vessels.

Deletion of specific derogations : derogations concerning particular provisions of the crews of vessels plying the high sea provided in the proposal have been deleted.

In addition, the proposal provided that 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 consulting the social partners, grant the competent public authority the power to derogate, in full or in part, from the period provided for in Directive under certain circumstances: these derogations have been deleted.

Other derogations have been deleted concerning the application of Chapter II of the proposed Directive under certain circumstances.

Non-regression clause : the transposition of this Directive should not justify any regression regarding the situation which already prevails in a Member State.

Entry into force : the text shall be transposed in the Member States no later than 2 years after the date of entry into force (against 5 years as proposed by the Commission).

Documents
2015/04/01
   EP - Vote in committee, 1st reading/single reading
2015/04/01
   EP - Committee decision to open interinstitutional negotiations with report adopted in committee
2015/03/27
   EP - Amendments tabled in committee
Documents
2015/03/02
   EP - Committee opinion
Documents
2015/01/30
   EP - Amendments tabled in committee
Documents
2014/12/18
   EP - Committee draft report
Documents
2014/12/11
   CSL - Debate in Council
Documents
2014/12/11
   CSL - Council Meeting
2014/10/20
   EP - Committee referral announced in Parliament, 1st reading/single reading
2014/09/17
   EP - MORIN-CHARTIER Elisabeth (PPE) appointed as rapporteur in EMPL
2014/09/04
   EP - NÍ RIADA Liadh (GUE/NGL) appointed as rapporteur in PECH
2014/04/03
   CofR - Committee of the Regions: opinion
Documents
2014/01/17
   IT_SENATE - Contribution
Documents
2014/01/15
   PT_PARLIAMENT - Contribution
Documents
2013/11/21
   EP - Committee referral announced in Parliament, 1st reading/single reading
2013/11/18
   EC - Document attached to the procedure
2013/11/18
   EC - Document attached to the procedure
2013/11/18
   EC - Legislative proposal published
Details

PURPOSE: to amend several European Directives in order to improve the level of information and consultation of seagoing workers in all Directives.

PROPOSED ACT: Directive of the European Parliament and of the Council.

ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council.

BACKGROUND: the EU labour law directives are generally applicable to all sectors of activity and all categories of workers. Nevertheless, seafarers are excluded or can be excluded from the scope of six directives, without any express justification. The directives concerned are the following:

Directive 2008/94/EC relating to the protection of employees in the event of the insolvency of their employer (hereafter referred to as ‘the Employer Insolvency Directive’); Directive 2009/38/EC on the establishment of European Works Council (hereafter referred to as the ‘European Works Council Directive’); Directive 2002/14/EC establishing a general framework for informing and consulting employees (hereafter referred to as the ‘Information and Consultation Directive’); Directive 98/59/EC on the approximation of the laws of the Member States relating to collective redundancies (hereafter referred to as the ‘Collective Redundancies Directive’); Directive 2001/23/EC relating to the safeguarding of employees’ rights in the event of transfers of undertakings (hereafter referred to as the ‘Transfer of Undertakings Directive’); Directive 96/71/EC concerning the posting of workers in the framework of the provision of services (hereafter referred to as the ‘Posting of Workers Directive’).

Depending on the situation at national level, exclusions could have a negative impact on a number of rights recognised under the Charter of Fundamental Rights of the European Union, in particular the right to information and consultation within the undertaking and the right to fair and just working conditions .

Most of the Member States have made little or no use of the exclusions which gives rise to a potential situation whereby the same categories of workers are treated differently in the different Member States.

The number of EU national seafarers is steadily decreasing and this could be problematic for the future, notably because experience off-shore is essential for certain shore-based jobs.

Although this could be the consequence of different factors, the lack of interest in maritime careers may be reinforced by the impression that seafarers are less well protected than other employees.

As a consequence, the aim of the proposal is to improve the level of protection of the rights protected under the EU Charter of Fundamental Rights in EU labour law and to ensure a level playing field at EU level.

IMPACT ASSESSMENT: according to the Directive to be amended, different options have been identified:

suppression of the exclusions for the Insolvency Directive and for the European Works Council Directive; granting a derogation concerning the equivalent level of protection for the Information and Consultation Directive; including specific provisions for the Collective Redundancies Directive and for the Transfer of Undertakings Directive;

As regards the Posting of Workers Directive, it was decided that no changes should be made.

LEGAL BASIS: This proposal introduces amendments to five existing Directives: Directives 2008/94/EC, 2009/38/EC, 2002/14/EC, 98/59/EC and 2001/23/EC. Three of these Directives were adopted with Article 153 TFEU (former Article 137 EC) as legal basis: 2009/38/EC, 2002/14/EC and 2008/94/EC. The legal bases of Directives 98/59/EC and 2001/23/EC were respectively Articles 100 EC and 94 EC, i.e., equivalent to the current Article 115 TFEU.

Despite the different legal bases of the Directives to be amended, having regard to their content, it is clear that they all serve to support and complement Member States' activities in the fields enumerated in Article 153(1) TFEU, in order to further the social policy objectives of the Union.

Article 153(2) TFEU is therefore the adequate legal basis for a single proposal amending the abovementioned five Directives.

CONTENT: this proposal introduces amendments to five Directives in force.

The amending provisions may be summarised as follows :

Right to information and consultation : the proposal recognises an unconditional right to information and consultation of seagoing workers in all Directives which previously allowed for exceptions and derogations from this right (European Works Councils Directive, Information and Consultation Directive, Collective Redundancies Directive, Transfer of Undertakings Directive).

Principles : the proposal also recognises other rights, taking into account the specificity of the sector (suppression in some specific cases of cooling-off periods in the Collective Redundancies Directive or of the transfer of the employment contract/relationship in the Transfer of Undertakings Directive).

Amendments to the Directives :

a) reintroduction of seafarers into the scope of certain Directives :

the deletion of Article 1(3), point (b) of Directive 2008/94/EC. This will suppress the possibility of excluding share-fishermen from the scope of the Insolvency Directive; suppression of Article 1(7) of Directive 2009/38/EC. Merchant navy crews will therefore be covered by the provisions of the European Works Council Directive.

b) new rights : modifications to Article 3(3) of Directive 2002/14/EC in order to clarify that Member States are able to derogate from the general provisions of the Directive only where an equivalent level of protection and effective exercise by the employees concerned is ensured .

c) collective redundancies : Directive 98/59/EC is amended as follows:

insertion of the definition of ‘transfer’, by reference to Directive 2001/23/EC; deletion of Article 1(2)(c), thus putting the crews of seagoing vessels within the scope of the Collective Redundancies Directive; clarification that the notification provided for by Article 3(1) of the Directive should always be made to the competent authority of the State of the flag. This clarification is necessary because of the potential coexistence of employment contracts under different national laws; insertion of a new provision stating that Member States may grant the competent public authority the right to derogate, in part of in full, from the provisions on the ‘cooling-off’ period when the envisaged collective redundancy is carried out as a consequence of a transfer , having as its object exclusively one vessel or more vessels, or when the employer only operates one vessel. If Member States would like to make use of this derogation, they have to consult social partners when transposing this provision into their legislation. This amendment takes into account the characteristics of the maritime sector.

It should be underlined that in the case of a sale consisting exclusively of one vessel or more, or in the case of an employer operating one vessel, the information and consultation obligation laid down in Article 2 continues to apply.

The Directive remains fully applicable in all other circumstances where the collective dismissal of members of the crew of a vessel is envisaged.

d) transfer of undertakings : current Article 1(3) of Directive 2001/23/EC is repealed. The Directive is made fully applicable to seagoing vessels registered in and/or flying the flag of a Member State, wherever they are situated . However, taking into account the specific characteristics of the maritime sector, Member States may, after consultation of social partners, derogate from the provisions of Chapter II of the Directive in the case of transfers concerning exclusively one seagoing vessel or a number of seagoing vessels, or the undertaking or business being transferred only operates one seagoing vessel. Consequently, in case of transfers concerning vessels exclusively or in the case of the undertaking only operating one vessel, at least the provisions of the Directive concerning information and consultation shall apply.

Vessels are fully covered by the scope of the Directive when they constitute one of the assets being transferred.

Non-regression clause : this clause aims at safeguarding the rights of workers covered by the scope of the proposal as recognised by the Member States before its entry into force.

Review clause : the objective of the review is to monitor the implementation and application of Articles 4 and 5 of the Directive in the Member States, in particular on two issues:

the phenomenon of flagging out, the level of employment of EU seafarers.

Transition period : in order to take into account the differences between Member States regarding the nature of the maritime sector and the extent to which seafarers are included in the scope of national labour legislation, the proposal provides for a transition period of 5 years.

Documents

Activities

Votes

A8-0127/2015 - Elisabeth Morin-Chartier - Résolution législative #

2015/07/08 Outcome: +: 642, -: 38, 0: 24
DE FR IT ES PL RO NL PT HU BG CZ SE AT BE FI DK SK HR IE LT SI EL LV LU EE GB CY ?? MT
Total
92
73
67
48
49
28
22
21
19
17
21
19
17
19
13
12
13
11
10
9
8
18
7
5
5
66
5
3
6
icon: PPE PPE
201

Denmark PPE

For (1)

1
2

Luxembourg PPE

2

Estonia PPE

For (1)

1

Cyprus PPE

1
icon: S&D S&D
180

Netherlands S&D

3

Croatia S&D

2

Ireland S&D

For (1)

1

Slovenia S&D

For (1)

1

Latvia S&D

1

Luxembourg S&D

For (1)

1

Estonia S&D

For (1)

1

Cyprus S&D

2
2

Malta S&D

3
icon: ALDE ALDE
67

Romania ALDE

3

Austria ALDE

For (1)

1

Denmark ALDE

2

Croatia ALDE

2

Ireland ALDE

For (1)

1

Slovenia ALDE

For (1)

1

Latvia ALDE

1

Luxembourg ALDE

For (1)

1

Estonia ALDE

3
icon: GUE/NGL GUE/NGL
52

Netherlands GUE/NGL

3

Sweden GUE/NGL

For (1)

1

Finland GUE/NGL

For (1)

1

Denmark GUE/NGL

For (1)

1

United Kingdom GUE/NGL

1

Cyprus GUE/NGL

2

GUE/NGL

1
icon: Verts/ALE Verts/ALE
46

Netherlands Verts/ALE

2

Hungary Verts/ALE

2

Austria Verts/ALE

3

Belgium Verts/ALE

For (1)

1

Finland Verts/ALE

For (1)

1

Denmark Verts/ALE

For (1)

1

Croatia Verts/ALE

For (1)

1

Lithuania Verts/ALE

For (1)

1

Slovenia Verts/ALE

For (1)

1

Latvia Verts/ALE

1

Luxembourg Verts/ALE

For (1)

1

United Kingdom Verts/ALE

5
icon: ENF ENF
33

Poland ENF

2

Belgium ENF

For (1)

1
icon: ECR ECR
69

Italy ECR

2

Netherlands ECR

2

Bulgaria ECR

2

Czechia ECR

2
2

Slovakia ECR

Abstain (1)

3

Croatia ECR

For (1)

1

Greece ECR

For (1)

1

Latvia ECR

For (1)

1
icon: EFDD EFDD
41

France EFDD

1

Poland EFDD

1

Czechia EFDD

Against (1)

1

Sweden EFDD

2
icon: NI NI
14

Germany NI

2

France NI

2

Spain NI

1

Poland NI

Against (1)

1

Hungary NI

2

United Kingdom NI

Against (1)

1
AmendmentsDossier
74 2013/0390(COD)
2014/01/27 EMPL 18 amendments...
source: PE-527.971
2015/01/27 PECH 22 amendments...
source: 546.822
2015/01/30 EMPL 34 amendments...
source: 546.841

History

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

committees/0/shadows/3
name
LE HYARIC Patrick
group
European United Left - Nordic Green Left
abbr
GUE/NGL
committees/1/rapporteur
  • name: RONZULLI Licia date: 2013-06-12T00:00:00 group: European People's Party (Christian Democrats) abbr: PPE
committees/3/rapporteur
  • name: NÍ RIADA Liadh date: 2014-09-04T00:00:00 group: European United Left - Nordic Green Left abbr: GUE/NGL
docs/2/docs/0/url
Old
https://dm.cor.europa.eu/CORDocumentSearch/Pages/redresults.aspx?k=(documenttype:AC)(documentnumber:0103)(documentyear:2014)(documentlanguage:EN)
New
https://dmsearch.cor.europa.eu/search/public?k=(documenttype:AC)(documentnumber:0103)(documentyear:2014)(documentlanguage:EN)
docs/3/docs/0/url
Old
http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE541.670
New
https://www.europarl.europa.eu/doceo/document/EMPL-PR-541670_EN.html
docs/4/docs/0/url
Old
http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE546.841
New
https://www.europarl.europa.eu/doceo/document/EMPL-AM-546841_EN.html
docs/5/docs/0/url
Old
http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE544.404&secondRef=02
New
https://www.europarl.europa.eu/doceo/document/PECH-AD-544404_EN.html
docs/7/docs/0/url
Old
http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE560.759
New
https://www.europarl.europa.eu/doceo/document/JURI-AL-560759_EN.html
events/1/type
Old
Committee referral announced in Parliament, 1st reading/single reading
New
Committee referral announced in Parliament, 1st reading
events/2/type
Old
Committee referral announced in Parliament, 1st reading/single reading
New
Committee referral announced in Parliament, 1st reading
events/4/type
Old
Vote in committee, 1st reading/single reading
New
Vote in committee, 1st reading
events/6
date
2015-04-09T00:00:00
type
Committee report tabled for plenary, 1st reading
body
EP
docs
url: https://www.europarl.europa.eu/doceo/document/A-8-2015-0127_EN.html title: A8-0127/2015
summary
events/6
date
2015-04-09T00:00:00
type
Committee report tabled for plenary, 1st reading/single reading
body
EP
docs
url: http://www.europarl.europa.eu/doceo/document/A-8-2015-0127_EN.html title: A8-0127/2015
summary
events/9
date
2015-07-08T00:00:00
type
Decision by Parliament, 1st reading
body
EP
docs
url: https://www.europarl.europa.eu/doceo/document/TA-8-2015-0259_EN.html title: T8-0259/2015
summary
events/9
date
2015-07-08T00:00:00
type
Decision by Parliament, 1st reading/single reading
body
EP
docs
url: http://www.europarl.europa.eu/doceo/document/TA-8-2015-0259_EN.html title: T8-0259/2015
summary
procedure/Modified legal basis
Rules of Procedure EP 159
procedure/Other legal basis
Rules of Procedure EP 159
committees/0
type
Responsible Committee
body
EP
associated
False
committee_full
Employment and Social Affairs
committee
EMPL
rapporteur
name: MORIN-CHARTIER Elisabeth date: 2014-09-17T00:00:00 group: European People's Party (Christian Democrats) abbr: PPE
shadows
committees/0
type
Responsible Committee
body
EP
associated
False
committee_full
Employment and Social Affairs
committee
EMPL
date
2014-09-17T00:00:00
rapporteur
name: MORIN-CHARTIER Elisabeth group: European People's Party (Christian Democrats) abbr: PPE
shadows
committees/1/date
    committees/3
    type
    Committee Opinion
    body
    EP
    associated
    False
    committee_full
    Fisheries
    committee
    PECH
    rapporteur
    name: NÍ RIADA Liadh date: 2014-09-04T00:00:00 group: European United Left - Nordic Green Left abbr: GUE/NGL
    committees/3
    type
    Committee Opinion
    body
    EP
    associated
    False
    committee_full
    Fisheries
    committee
    PECH
    date
    2014-09-04T00:00:00
    rapporteur
    name: NÍ RIADA Liadh group: European United Left - Nordic Green Left abbr: GUE/NGL
    committees/4/date
      committees/5/date
        committees/6
        type
        Committee Legal Basis Opinion
        body
        EP
        associated
        False
        committee_full
        Legal Affairs
        committee
        JURI
        rapporteur
        name: HAUTALA Heidi date: 2015-05-21T00:00:00 group: Greens/European Free Alliance abbr: Verts/ALE
        committees/6
        type
        Committee Legal Basis Opinion
        body
        EP
        associated
        False
        committee_full
        Legal Affairs
        committee
        JURI
        date
        2015-05-21T00:00:00
        rapporteur
        name: HAUTALA Heidi group: Greens/European Free Alliance abbr: Verts/ALE
        docs/8/body
        EC
        events/6/docs/0/url
        Old
        http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A8-2015-0127&language=EN
        New
        http://www.europarl.europa.eu/doceo/document/A-8-2015-0127_EN.html
        events/9/docs/0/url
        Old
        http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P8-TA-2015-0259
        New
        http://www.europarl.europa.eu/doceo/document/TA-8-2015-0259_EN.html
        committees/0
        type
        Responsible Committee
        body
        EP
        associated
        False
        committee_full
        Employment and Social Affairs
        committee
        EMPL
        date
        2014-09-17T00:00:00
        rapporteur
        name: MORIN-CHARTIER Elisabeth group: European People's Party (Christian Democrats) abbr: PPE
        shadows
        committees/0
        type
        Responsible Committee
        body
        EP
        associated
        False
        committee_full
        Employment and Social Affairs
        committee
        EMPL
        date
        2014-09-17T00:00:00
        rapporteur
        name: MORIN-CHARTIER Elisabeth group: Group of European People's Party abbr: EPP
        shadows
        committees/1
        type
        Former Responsible Committee
        body
        EP
        associated
        False
        committee_full
        Employment and Social Affairs
        committee
        EMPL
        date
        committees/1
        type
        Former Responsible Committee
        body
        EP
        associated
        False
        committee_full
        Employment and Social Affairs
        committee
        EMPL
        date
        2013-06-12T00:00:00
        rapporteur
        name: RONZULLI Licia group: European People's Party (Christian Democrats) abbr: PPE
        docs/7/docs/0/url
        Old
        http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE560.759&secondRef=01
        New
        http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE560.759
        activities
        • date: 2013-11-18T00:00:00 docs: url: http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2013&nu_doc=0798 title: COM(2013)0798 type: Legislative proposal published celexid: CELEX:52013PC0798:EN body: EC commission: DG: url: http://ec.europa.eu/social/ title: Employment, Social Affairs and Inclusion Commissioner: THYSSEN Marianne type: Legislative proposal published
        • date: 2013-11-21T00:00:00 body: EP type: Committee referral announced in Parliament, 1st reading/single reading committees: body: EP shadows: group: S&D name: JONGERIUS Agnes group: ECR name: GERICKE Arne group: ALDE name: TØRNÆS Ulla group: GUE/NGL name: LE HYARIC Patrick group: Verts/ALE name: LAMBERT Jean group: EFD name: BEGHIN Tiziana responsible: True committee: EMPL date: 2014-09-17T00:00:00 committee_full: Employment and Social Affairs rapporteur: group: EPP name: MORIN-CHARTIER Elisabeth body: EP responsible: True committee: EMPL date: 2013-06-12T00:00:00 committee_full: Employment and Social Affairs rapporteur: group: PPE name: RONZULLI Licia body: EP responsible: None committee: JURI date: 2015-05-21T00:00:00 committee_full: Legal Affairs rapporteur: group: Verts/ALE name: HAUTALA Heidi body: EP responsible: False committee: PECH date: 2014-09-04T00:00:00 committee_full: Fisheries rapporteur: group: GUE/NGL name: NÍ RIADA Liadh body: EP responsible: False committee_full: Fisheries committee: PECH body: EP responsible: False committee_full: Transport and Tourism committee: TRAN
        • date: 2014-10-20T00:00:00 body: EP type: Committee referral announced in Parliament, 1st reading/single reading committees: body: EP shadows: group: S&D name: JONGERIUS Agnes group: ECR name: GERICKE Arne group: ALDE name: TØRNÆS Ulla group: GUE/NGL name: LE HYARIC Patrick group: Verts/ALE name: LAMBERT Jean group: EFD name: BEGHIN Tiziana responsible: True committee: EMPL date: 2014-09-17T00:00:00 committee_full: Employment and Social Affairs rapporteur: group: EPP name: MORIN-CHARTIER Elisabeth body: EP responsible: True committee: EMPL date: 2013-06-12T00:00:00 committee_full: Employment and Social Affairs rapporteur: group: PPE name: RONZULLI Licia body: EP responsible: None committee: JURI date: 2015-05-21T00:00:00 committee_full: Legal Affairs rapporteur: group: Verts/ALE name: HAUTALA Heidi body: EP responsible: False committee: PECH date: 2014-09-04T00:00:00 committee_full: Fisheries rapporteur: group: GUE/NGL name: NÍ RIADA Liadh body: EP responsible: False committee_full: Fisheries committee: PECH body: EP responsible: False committee_full: Transport and Tourism committee: TRAN
        • body: CSL meeting_id: 3357 docs: 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=3357*&MEET_DATE=11/12/2014 type: Debate in Council title: 3357 council: Employment, Social Policy, Health and Consumer Affairs date: 2014-12-11T00:00:00 type: Council Meeting
        • date: 2015-04-01T00:00:00 body: unknown type: Committee decision to open interinstitutional negotiations with report adopted in committee
        • date: 2015-04-01T00:00:00 body: EP type: Vote in committee, 1st reading/single reading committees: body: EP shadows: group: S&D name: JONGERIUS Agnes group: ECR name: GERICKE Arne group: ALDE name: TØRNÆS Ulla group: GUE/NGL name: LE HYARIC Patrick group: Verts/ALE name: LAMBERT Jean group: EFD name: BEGHIN Tiziana responsible: True committee: EMPL date: 2014-09-17T00:00:00 committee_full: Employment and Social Affairs rapporteur: group: EPP name: MORIN-CHARTIER Elisabeth body: EP responsible: True committee: EMPL date: 2013-06-12T00:00:00 committee_full: Employment and Social Affairs rapporteur: group: PPE name: RONZULLI Licia body: EP responsible: None committee: JURI date: 2015-05-21T00:00:00 committee_full: Legal Affairs rapporteur: group: Verts/ALE name: HAUTALA Heidi body: EP responsible: False committee: PECH date: 2014-09-04T00:00:00 committee_full: Fisheries rapporteur: group: GUE/NGL name: NÍ RIADA Liadh body: EP responsible: False committee_full: Fisheries committee: PECH body: EP responsible: False committee_full: Transport and Tourism committee: TRAN
        • body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A8-2015-0127&language=EN type: Committee report tabled for plenary, 1st reading/single reading title: A8-0127/2015 type: Committee report tabled for plenary, 1st reading/single reading committees: body: EP shadows: group: S&D name: JONGERIUS Agnes group: ECR name: GERICKE Arne group: ALDE name: TØRNÆS Ulla group: GUE/NGL name: LE HYARIC Patrick group: Verts/ALE name: LAMBERT Jean group: EFD name: BEGHIN Tiziana responsible: True committee: EMPL date: 2014-09-17T00:00:00 committee_full: Employment and Social Affairs rapporteur: group: EPP name: MORIN-CHARTIER Elisabeth body: EP responsible: True committee: EMPL date: 2013-06-12T00:00:00 committee_full: Employment and Social Affairs rapporteur: group: PPE name: RONZULLI Licia body: EP responsible: None committee: JURI date: 2015-05-21T00:00:00 committee_full: Legal Affairs rapporteur: group: Verts/ALE name: HAUTALA Heidi body: EP responsible: False committee: PECH date: 2014-09-04T00:00:00 committee_full: Fisheries rapporteur: group: GUE/NGL name: NÍ RIADA Liadh body: EP responsible: False committee_full: Fisheries committee: PECH body: EP responsible: False committee_full: Transport and Tourism committee: TRAN date: 2015-04-09T00:00:00
        • date: 2015-07-08T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P8-TA-2015-0259 type: Decision by Parliament, 1st reading/single reading title: T8-0259/2015 body: EP type: Decision by Parliament, 1st reading/single reading
        • date: 2015-09-18T00:00:00 body: CSL type: Council Meeting council: Environment meeting_id: 3409
        • date: 2015-09-18T00:00:00 body: EP type: End of procedure in Parliament
        • date: 2015-09-18T00:00:00 body: EP/CSL type: Act adopted by Council after Parliament's 1st reading
        • date: 2015-10-06T00:00:00 body: CSL type: Final act signed
        • date: 2015-10-08T00:00:00 type: Final act published in Official Journal docs: url: http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32015L1794 title: Directive 2015/1794 url: http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:L:2015:263:TOC title: OJ L 263 08.10.2015, p. 0001
        commission
        • body: EC dg: Employment, Social Affairs and Inclusion commissioner: THYSSEN Marianne
        committees/0
        type
        Responsible Committee
        body
        EP
        associated
        False
        committee_full
        Employment and Social Affairs
        committee
        EMPL
        date
        2014-09-17T00:00:00
        rapporteur
        name: MORIN-CHARTIER Elisabeth group: Group of European People's Party abbr: EPP
        shadows
        committees/0
        body
        EP
        shadows
        responsible
        True
        committee
        EMPL
        date
        2014-09-17T00:00:00
        committee_full
        Employment and Social Affairs
        rapporteur
        group: EPP name: MORIN-CHARTIER Elisabeth
        committees/1
        type
        Former Responsible Committee
        body
        EP
        associated
        False
        committee_full
        Employment and Social Affairs
        committee
        EMPL
        date
        2013-06-12T00:00:00
        rapporteur
        name: RONZULLI Licia group: European People's Party (Christian Democrats) abbr: PPE
        committees/1
        body
        EP
        responsible
        True
        committee
        EMPL
        date
        2013-06-12T00:00:00
        committee_full
        Employment and Social Affairs
        rapporteur
        group: PPE name: RONZULLI Licia
        committees/2
        type
        Committee Opinion
        body
        EP
        associated
        False
        committee_full
        Transport and Tourism
        committee
        TRAN
        opinion
        False
        committees/2
        body
        EP
        responsible
        None
        committee
        JURI
        date
        2015-05-21T00:00:00
        committee_full
        Legal Affairs
        rapporteur
        group: Verts/ALE name: HAUTALA Heidi
        committees/3
        type
        Committee Opinion
        body
        EP
        associated
        False
        committee_full
        Fisheries
        committee
        PECH
        date
        2014-09-04T00:00:00
        rapporteur
        name: NÍ RIADA Liadh group: European United Left - Nordic Green Left abbr: GUE/NGL
        committees/3
        body
        EP
        responsible
        False
        committee
        PECH
        date
        2014-09-04T00:00:00
        committee_full
        Fisheries
        rapporteur
        group: GUE/NGL name: NÍ RIADA Liadh
        committees/4
        type
        Former Committee Opinion
        body
        EP
        associated
        False
        committee_full
        Transport and Tourism
        committee
        TRAN
        date
        committees/4
        body
        EP
        responsible
        False
        committee_full
        Fisheries
        committee
        PECH
        committees/5
        type
        Former Committee Opinion
        body
        EP
        associated
        False
        committee_full
        Fisheries
        committee
        PECH
        date
        committees/5
        body
        EP
        responsible
        False
        committee_full
        Transport and Tourism
        committee
        TRAN
        committees/6
        type
        Committee Legal Basis Opinion
        body
        EP
        associated
        False
        committee_full
        Legal Affairs
        committee
        JURI
        date
        2015-05-21T00:00:00
        rapporteur
        name: HAUTALA Heidi group: Greens/European Free Alliance abbr: Verts/ALE
        council
        • body: CSL type: Council Meeting council: Environment meeting_id: 3409 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=3409*&MEET_DATE=18/09/2015 date: 2015-09-18T00:00:00
        • body: CSL type: Council Meeting council: Employment, Social Policy, Health and Consumer Affairs meeting_id: 3357 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=3357*&MEET_DATE=11/12/2014 date: 2014-12-11T00:00:00
        docs
        • date: 2013-11-18T00:00:00 docs: url: https://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=SWD:2013:0461:FIN:FR:PDF title: EUR-Lex title: SWD(2013)0461 type: Document attached to the procedure body: EC
        • date: 2013-11-18T00:00:00 docs: url: https://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=SWD:2013:0462:FIN:EN:PDF title: EUR-Lex title: SWD(2013)0462 type: Document attached to the procedure body: EC
        • date: 2014-04-03T00:00:00 docs: url: https://dm.cor.europa.eu/CORDocumentSearch/Pages/redresults.aspx?k=(documenttype:AC)(documentnumber:0103)(documentyear:2014)(documentlanguage:EN) title: CDR0103/2014 type: Committee of the Regions: opinion body: CofR
        • date: 2014-12-18T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE541.670 title: PE541.670 type: Committee draft report body: EP
        • date: 2015-01-30T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE546.841 title: PE546.841 type: Amendments tabled in committee body: EP
        • date: 2015-03-02T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE544.404&secondRef=02 title: PE544.404 committee: PECH type: Committee opinion body: EP
        • date: 2015-03-27T00:00:00 docs: title: PE552.128 type: Amendments tabled in committee body: EP
        • date: 2015-06-17T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE560.759&secondRef=01 title: PE560.759 committee: JURI type: Specific opinion body: EP
        • date: 2015-09-24T00:00:00 docs: url: /oeil/spdoc.do?i=25565&j=0&l=en title: SP(2015)554 type: Commission response to text adopted in plenary
        • date: 2015-10-07T00:00:00 docs: url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=ADV&RESULTSET=1&DOC_ID=[%n4]%2F15&DOC_LANCD=EN&ROWSPP=25&NRROWS=500&ORDERBY=DOC_DATE+DESC title: 00033/2015/LEX type: Draft final act body: CSL
        • date: 2014-01-17T00:00:00 docs: url: http://www.connefof.europarl.europa.eu/connefof/app/exp/COM(2013)0798 title: COM(2013)0798 type: Contribution body: IT_SENATE
        • date: 2014-01-15T00:00:00 docs: url: http://www.connefof.europarl.europa.eu/connefof/app/exp/COM(2013)0798 title: COM(2013)0798 type: Contribution body: PT_PARLIAMENT
        events
        • date: 2013-11-18T00:00:00 type: Legislative proposal published body: EC docs: url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2013&nu_doc=0798 title: EUR-Lex title: COM(2013)0798 summary: PURPOSE: to amend several European Directives in order to improve the level of information and consultation of seagoing workers in all Directives. PROPOSED ACT: Directive of the European Parliament and of the Council. ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council. BACKGROUND: the EU labour law directives are generally applicable to all sectors of activity and all categories of workers. Nevertheless, seafarers are excluded or can be excluded from the scope of six directives, without any express justification. The directives concerned are the following: Directive 2008/94/EC relating to the protection of employees in the event of the insolvency of their employer (hereafter referred to as ‘the Employer Insolvency Directive’); Directive 2009/38/EC on the establishment of European Works Council (hereafter referred to as the ‘European Works Council Directive’); Directive 2002/14/EC establishing a general framework for informing and consulting employees (hereafter referred to as the ‘Information and Consultation Directive’); Directive 98/59/EC on the approximation of the laws of the Member States relating to collective redundancies (hereafter referred to as the ‘Collective Redundancies Directive’); Directive 2001/23/EC relating to the safeguarding of employees’ rights in the event of transfers of undertakings (hereafter referred to as the ‘Transfer of Undertakings Directive’); Directive 96/71/EC concerning the posting of workers in the framework of the provision of services (hereafter referred to as the ‘Posting of Workers Directive’). Depending on the situation at national level, exclusions could have a negative impact on a number of rights recognised under the Charter of Fundamental Rights of the European Union, in particular the right to information and consultation within the undertaking and the right to fair and just working conditions . Most of the Member States have made little or no use of the exclusions which gives rise to a potential situation whereby the same categories of workers are treated differently in the different Member States. The number of EU national seafarers is steadily decreasing and this could be problematic for the future, notably because experience off-shore is essential for certain shore-based jobs. Although this could be the consequence of different factors, the lack of interest in maritime careers may be reinforced by the impression that seafarers are less well protected than other employees. As a consequence, the aim of the proposal is to improve the level of protection of the rights protected under the EU Charter of Fundamental Rights in EU labour law and to ensure a level playing field at EU level. IMPACT ASSESSMENT: according to the Directive to be amended, different options have been identified: suppression of the exclusions for the Insolvency Directive and for the European Works Council Directive; granting a derogation concerning the equivalent level of protection for the Information and Consultation Directive; including specific provisions for the Collective Redundancies Directive and for the Transfer of Undertakings Directive; As regards the Posting of Workers Directive, it was decided that no changes should be made. LEGAL BASIS: This proposal introduces amendments to five existing Directives: Directives 2008/94/EC, 2009/38/EC, 2002/14/EC, 98/59/EC and 2001/23/EC. Three of these Directives were adopted with Article 153 TFEU (former Article 137 EC) as legal basis: 2009/38/EC, 2002/14/EC and 2008/94/EC. The legal bases of Directives 98/59/EC and 2001/23/EC were respectively Articles 100 EC and 94 EC, i.e., equivalent to the current Article 115 TFEU. Despite the different legal bases of the Directives to be amended, having regard to their content, it is clear that they all serve to support and complement Member States' activities in the fields enumerated in Article 153(1) TFEU, in order to further the social policy objectives of the Union. Article 153(2) TFEU is therefore the adequate legal basis for a single proposal amending the abovementioned five Directives. CONTENT: this proposal introduces amendments to five Directives in force. The amending provisions may be summarised as follows : Right to information and consultation : the proposal recognises an unconditional right to information and consultation of seagoing workers in all Directives which previously allowed for exceptions and derogations from this right (European Works Councils Directive, Information and Consultation Directive, Collective Redundancies Directive, Transfer of Undertakings Directive). Principles : the proposal also recognises other rights, taking into account the specificity of the sector (suppression in some specific cases of cooling-off periods in the Collective Redundancies Directive or of the transfer of the employment contract/relationship in the Transfer of Undertakings Directive). Amendments to the Directives : a) reintroduction of seafarers into the scope of certain Directives : the deletion of Article 1(3), point (b) of Directive 2008/94/EC. This will suppress the possibility of excluding share-fishermen from the scope of the Insolvency Directive; suppression of Article 1(7) of Directive 2009/38/EC. Merchant navy crews will therefore be covered by the provisions of the European Works Council Directive. b) new rights : modifications to Article 3(3) of Directive 2002/14/EC in order to clarify that Member States are able to derogate from the general provisions of the Directive only where an equivalent level of protection and effective exercise by the employees concerned is ensured . c) collective redundancies : Directive 98/59/EC is amended as follows: insertion of the definition of ‘transfer’, by reference to Directive 2001/23/EC; deletion of Article 1(2)(c), thus putting the crews of seagoing vessels within the scope of the Collective Redundancies Directive; clarification that the notification provided for by Article 3(1) of the Directive should always be made to the competent authority of the State of the flag. This clarification is necessary because of the potential coexistence of employment contracts under different national laws; insertion of a new provision stating that Member States may grant the competent public authority the right to derogate, in part of in full, from the provisions on the ‘cooling-off’ period when the envisaged collective redundancy is carried out as a consequence of a transfer , having as its object exclusively one vessel or more vessels, or when the employer only operates one vessel. If Member States would like to make use of this derogation, they have to consult social partners when transposing this provision into their legislation. This amendment takes into account the characteristics of the maritime sector. It should be underlined that in the case of a sale consisting exclusively of one vessel or more, or in the case of an employer operating one vessel, the information and consultation obligation laid down in Article 2 continues to apply. The Directive remains fully applicable in all other circumstances where the collective dismissal of members of the crew of a vessel is envisaged. d) transfer of undertakings : current Article 1(3) of Directive 2001/23/EC is repealed. The Directive is made fully applicable to seagoing vessels registered in and/or flying the flag of a Member State, wherever they are situated . However, taking into account the specific characteristics of the maritime sector, Member States may, after consultation of social partners, derogate from the provisions of Chapter II of the Directive in the case of transfers concerning exclusively one seagoing vessel or a number of seagoing vessels, or the undertaking or business being transferred only operates one seagoing vessel. Consequently, in case of transfers concerning vessels exclusively or in the case of the undertaking only operating one vessel, at least the provisions of the Directive concerning information and consultation shall apply. Vessels are fully covered by the scope of the Directive when they constitute one of the assets being transferred. Non-regression clause : this clause aims at safeguarding the rights of workers covered by the scope of the proposal as recognised by the Member States before its entry into force. Review clause : the objective of the review is to monitor the implementation and application of Articles 4 and 5 of the Directive in the Member States, in particular on two issues: the phenomenon of flagging out, the level of employment of EU seafarers. Transition period : in order to take into account the differences between Member States regarding the nature of the maritime sector and the extent to which seafarers are included in the scope of national labour legislation, the proposal provides for a transition period of 5 years.
        • date: 2013-11-21T00:00:00 type: Committee referral announced in Parliament, 1st reading/single reading body: EP
        • date: 2014-10-20T00:00:00 type: Committee referral announced in Parliament, 1st reading/single reading body: EP
        • date: 2014-12-11T00:00:00 type: Debate in Council body: CSL docs: 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=3357*&MEET_DATE=11/12/2014 title: 3357
        • date: 2015-04-01T00:00:00 type: Vote in committee, 1st reading/single reading body: EP
        • date: 2015-04-01T00:00:00 type: Committee decision to open interinstitutional negotiations with report adopted in committee body: EP
        • date: 2015-04-09T00:00:00 type: Committee report tabled for plenary, 1st reading/single reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A8-2015-0127&language=EN title: A8-0127/2015 summary: The Committee on Employment and Social Affairs adopted the report by Elisabeth MORIN-CHARTIER (EPP, FR) on the proposal for a directive of the European Parliament and of the Council on seafarers amending Directives 2008/94/EC, 2009/38/EC, 2002/14/EC, 98/59/EC and 2001/23/EC. The committee recommended that the European Parliament’s position adopted at first reading following the ordinary legislative procedure should amend the Commission proposal as follows: Social partner’s agreement : a new recital stipulates that the social partners in the maritime and fisheries sector have reached an agreement of vital importance for the proper implementation of this Directive. That agreement strikes a good balance between the need to improve seafarers' working conditions and the need to take proper account of the sector’s specific features. Safe and secure conditions : seafarers have a right to a safe and secure workplace, in which safety standards are complied with, and should have fair terms of employment and decent living and working conditions, including social protection and professional training. The Union should always strive to improve working and living conditions on board ships, and to exploit the potential for innovation in order to make the maritime sector more attractive to Union seafarers including young workers. Consequently, the Commission should draw up an agenda encouraging young workers to join the sector. Works Council : it is stated that a member of a special negotiating body or the European Works Council, or his or her representative, who is a member of the crew of a seagoing vessel, shall be entitled to participate in meetings of the special negotiating body or European Works Council or any other meeting within the procedure established under the proposed Directive if he or she is not at sea or in a port in a State other than that in which the undertaking is domiciled when the meeting takes place. Using new technological developments to enhance remote communication : with a view to maximising the chances of worker representation, use shall be made, wherever possible, of new information and communication technologies in cases where a member of a special negotiating body or a European Works Council or his or her representative, who is a member of the crew of a seagoing vessel is unable to attend a meeting. Scope : this Directive shall apply to the transfer of a seagoing vessel that is part of a transfer of an undertaking, business, or part of an undertaking or business provided that the transferee is situated within the territorial scope of the Treaty, or the transferred undertaking, business, or part of an undertaking or business remains within the territorial scope of the Treaty. This Directive shall not apply if the object of the transfer consists exclusively of one or more seagoing vessels. Deletion of specific derogations : derogations concerning particular provisions of the crews of vessels plying the high sea provided in the proposal have been deleted. In addition, the proposal provided that 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 consulting the social partners, grant the competent public authority the power to derogate, in full or in part, from the period provided for in Directive under certain circumstances: these derogations have been deleted. Other derogations have been deleted concerning the application of Chapter II of the proposed Directive under certain circumstances. Non-regression clause : the transposition of this Directive should not justify any regression regarding the situation which already prevails in a Member State. Entry into force : the text shall be transposed in the Member States no later than 2 years after the date of entry into force (against 5 years as proposed by the Commission).
        • date: 2015-05-28T00:00:00 type: Approval in committee of the text agreed at 1st reading interinstitutional negotiations body: EP
        • date: 2015-07-08T00:00:00 type: Results of vote in Parliament body: EP docs: url: https://oeil.secure.europarl.europa.eu/oeil/popups/sda.do?id=25565&l=en title: Results of vote in Parliament
        • date: 2015-07-08T00:00:00 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=P8-TA-2015-0259 title: T8-0259/2015 summary: The European Parliament adopted by 642 votes to 38, with 24 abstentions, a legislative resolution on the proposal for a directive of the European Parliament and of the Council on seafarers amending Directives 2008/94/EC, 2009/38/EC, 2002/14/EC, 98/59/EC and 2001/23/EC. Parliament adopted its position at first reading following the ordinary legislative procedure. The amendment adopted in plenary amend the Commission proposal as follows: Increase the number and quality of maritime jobs: a recital stipulated that there is a need for an increase in the number and quality of maritime jobs for citizens of the Union and the importance of improving working conditions on board, inter alia through investment in research, education, training, health and safety. The Union should The Union should strive to improve working and living conditions on board ships, and to exploit the potential for innovation in order to make the maritime sector more attractive to Union seafarers, including young workers . Take account of the common understanding reached by social partners : another recital stipulates that in the framework of their social dialogue, the social partners in the maritime sector have reached a common understanding which is of major importance for this Directive. That common understanding strikes a good balance between the need to improve seafarers' working conditions and the need to take proper account of the sector's specific features. - Amendment to Directive 2008/94/EC on the protection of employees in the event of the insolvency of their employer : continue to exclude from the scope of the Directive : it is provided that where such provision already applies in their national legislation, Member States may continue to e xclude domestic servants employed by a natural person from the scope of this Directive. - Amendment to Directive 2002/14/EC establishing a general framework for informing and consulting employees : the Article stipulating that Member States may derogate from this Directive through particular provisions applicable to the crews of vessels plying the high seas has been deleted. The existence of, and/or possibility of introducing, exclusions may prevent seafarers from fully enjoying their rights to fair and just working conditions and to information and consultation, or limit the full enjoyment of those rights. Insofar as the existence of, and/or possibility of introducing, exclusions is not justified on objective grounds and seafarers are not treated equally, provisions which allow such exclusions should be deleted . The present legal situation, existing in part as a 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 or not they apply the exclusions and optional exclusions allowed by the legislation in force. A significant number of the Member States have made no, or only limited, use of those optional exclusions. - Amendments to Directive 2009/38/EC on the establishment of a European Works Council : possibility to participate in the Works Council : it is stated that a member of a special negotiating body or of a European Works Council, or such a member's alternate, who is a member of the crew of a seagoing vessel, shall be entitled to participate in a meeting of the special negotiating body or of the European Works Council, or in any other meeting under any procedures established pursuant to the procedure laid down in the Directive, where that member or alternate is not at sea or in a port in a country other than that in which the shipping company is domiciled, when the meeting takes place; use of new information and communication technologies : meetings shall, where practicable, be scheduled to facilitate the participation of members or alternates, who are members of the crews of seagoing vessels. In cases where a member of a special negotiating body or of a European Works Council, or such a member's alternate, who is a member of the crew of a seagoing vessel, is unable to attend a meeting, the possibility of using, where possible, new information and communication technologies shall be considered. - Amendments to Directive 98/59/EC on collective redundancies : notification of a collective redundancy : where the projected collective redundancy concerns members of the crew of a seagoing vessel, the employer shall notify the competent authority of the state of the flag which the vessel flies. - Amendment to Directive 2001/23/EC on the approximation of the laws of the Member States relating to the safeguarding of employees' rights in the event of transfers of undertakings, businesses or parts of undertakings or businesses : the Directive shall apply to a transfer of a seagoing vessel that is part of a transfer of an undertaking, business or part of an undertaking or business, provided that the transferee is situated, or the transferred undertaking, business, or part of an undertaking or business remains, within the territorial scope of the Treaty. It shall not apply where the object of the transfer consists exclusively of one or more seagoing vessels. Level of protection : the implementation of this Directive shall under no circumstances constitute grounds for a reduction in the general level of protection of persons covered by this Directive, already afforded by the Member States in this field. Reporting : the Commission shall submit a report to the European Parliament and to the Council on the implementation of this Directive at the latest four years after its entry into force. Transposition : the text should be transposed in the Members States two years after its entry into force.
        • date: 2015-09-18T00:00:00 type: Act adopted by Council after Parliament's 1st reading body: EP/CSL
        • date: 2015-09-18T00:00:00 type: End of procedure in Parliament body: EP
        • date: 2015-10-06T00:00:00 type: Final act signed body: CSL
        • date: 2015-10-08T00:00:00 type: Final act published in Official Journal summary: PURPOSE: to improve working conditions for and consultation of seagoing workers. LEGISLATIVE ACT: Directive (EU) 2015/1794 of the European Parliament and of the Council amending Directives 2008/94/EC, 2009/38/EC and 2002/14/EC of the European Parliament and of the Council, and Council Directives 98/59/EC and 2001/23/EC, as regards seafarers. CONTENT: the Directive aims to improve working conditions for seafarers working on vessels flying the flag of one of the 28 EU Member States while taking proper account of the specific features of the maritime sector. The Directive amends five existing Directives from the scope of which seafarers may be excluded. The five Directives in question are: Directive 2008/94/EC relating to the protection of employees in the event of the insolvency of their employer : the new Directive provides that, where such provision already applies in their national legislation, Member States may continue to exclude domestic servants employed by a natural person from the scope of the Directive; Directive 2009/38/EC on the establishment of European Works Council: the new Directive provides for (i) the possibility for seagoing workers to participate in works councils and (ii) examining the possibility of using new information and communication technologies in cases where a member of a European Works Council who is a member of the crew of a seagoing vessel, is unable to attend a meeting; Directive 2002/14/EC establishing a general framework for informing and consulting employees : the general clause enabling Member States to derogate from the Directive (regarding a general framework for informing and consulting employees ) through particular provisions applicable to the crews of vessels plying the high seas, is deleted; Directive 98/59/EC on the approximation of the laws of the Member States relating to collective redundancies : this Directive will now include within its scope the crews of seagoing vessels. Where the projected collective redundancy concerns members of the crew of a seagoing vessel, the employer shall notify the competent authority of the State of the flag which the vessel flies; Directive 2001/23/EC relating to the safeguarding of employees’ rights in the event of transfers of undertakings : this Directive will now apply to a transfer of a seagoing vessel that is part of a transfer of an undertaking, business, provided that the transferee is situated, or the transferred undertaking, business, or part of an undertaking or business remains, within the territorial scope of the Treaty. This Directive will not apply where the object of the transfer consists exclusively of one or more seagoing vessels. Level of protection : the implementation of the Directive shall under no circumstances constitute grounds for a reduction in the general level of protection of persons covered by the Directive, already afforded by the Member States in the fields covered by the five amended Directives. The Directive will be implemented in accordance with the fundamental rights and principles recognised in the Charter of Fundamental Rights of the European Union , in particular the right to fair and just working conditions and to information and consultation within the undertaking. Commission report: the Commission, after consulting Member States and the social partners at the Union level, shall submit a report on the implementation and application of the Directive by 10.10.2019. ENTRY INTO FORCE: 9.10.2015. TRANSPOSITION: 10.10.2017. docs: title: Directive 2015/1794 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32015L1794 title: OJ L 263 08.10.2015, p. 0001 url: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:L:2015:263:TOC
        other
        • body: CSL type: Council Meeting council: Former Council configuration
        • body: EC dg: url: http://ec.europa.eu/social/ title: Employment, Social Affairs and Inclusion commissioner: THYSSEN Marianne
        otherinst
        • name: European Economic and Social Committee
        • name: European Committee of the Regions
        procedure/Mandatory consultation of other institutions
        Economic and Social Committee Committee of the Regions
        procedure/Modified legal basis
        Old
        Rules of Procedure of the European Parliament EP 150
        New
        Rules of Procedure EP 159
        procedure/dossier_of_the_committee
        Old
        EMPL/8/00260
        New
        • EMPL/8/00260
        procedure/final/url
        Old
        http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32015L1794
        New
        https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32015L1794
        procedure/instrument
        Old
        Directive
        New
        • Directive
        • Amending Directive 98/59/EC 1996/0290(CNS) Amending Directive 2002/14/EC 1998/0315(COD) Amending Directive 2001/23/EC 2000/0108(CNS) Amending Directive 2008/94/EC 2006/0220(COD) Amending Directive 2009/38/EC 2008/0141(COD)
        procedure/other_consulted_institutions
        European Economic and Social Committee European Committee of the Regions
        procedure/subject
        Old
        • 3.15.08 Fishing enterprises, fishermen, working conditions on board
        • 3.20.03 Maritime transport: passengers and freight
        • 3.20.10 Transport undertakings, transport industry employees
        • 4.15.05 Industrial restructuring, job losses, redundancies, relocations, Globalisation Adjustment Fund (EGF)
        • 4.15.10 Worker information, participation, trade unions, works councils
        • 4.15.12 Workers protection and rights, labour law
        New
        3.15.08
        Fishing enterprises, fishermen, working conditions on board
        3.20.03
        Maritime transport: passengers and freight
        3.20.10
        Transport undertakings, transport industry employees
        4.15.05
        Industrial restructuring, job losses, redundancies, relocations, Globalisation Adjustment Fund (EGF)
        4.15.10
        Worker information, participation, trade unions, works councils
        4.15.12
        Workers protection and rights, labour law
        procedure/summary
        • Amending Directive 2001/23/EC
        • Amending Directive 2002/14/EC
        • Amending Directive 2008/94/EC
        • Amending Directive 2009/38/EC
        • Amending Directive 98/59/EC
        activities/0/docs/0/celexid
        CELEX:52013PC0798:EN
        activities/12/text
        • PURPOSE: to improve working conditions for and consultation of seagoing workers.

          LEGISLATIVE ACT: Directive (EU) 2015/1794 of the European Parliament and of the Council amending Directives 2008/94/EC, 2009/38/EC and 2002/14/EC of the European Parliament and of the Council, and Council Directives 98/59/EC and 2001/23/EC, as regards seafarers.

          CONTENT: the Directive aims to improve working conditions for seafarers working on vessels flying the flag of one of the 28 EU Member States while taking proper account of the specific features of the maritime sector.

          The Directive amends five existing Directives from the scope of which seafarers may be excluded. The five Directives in question are:

          • Directive 2008/94/EC relating to the protection of employees in the event of the insolvency of their employer: the new Directive provides that, where such provision already applies in their national legislation, Member States may continue to exclude domestic servants employed by a natural person from the scope of the Directive;
          • Directive 2009/38/EC on the establishment of European Works Council: the new Directive provides for (i) the possibility for seagoing workers to participate in works councils and (ii) examining the possibility of using new information and communication technologies in cases where a member of a European Works Council who is a member of the crew of a seagoing vessel, is unable to attend a meeting;
          • Directive 2002/14/EC establishing a general framework for informing and consulting employees: the general clause enabling Member States to derogate from the Directive (regarding a general framework for informing and consulting employees) through particular provisions applicable to the crews of vessels plying the high seas, is deleted;
          • Directive 98/59/EC on the approximation of the laws of the Member States relating to collective redundancies: this Directive will now include within its scope the crews of seagoing vessels. Where the projected collective redundancy concerns members of the crew of a seagoing vessel, the employer shall notify the competent authority of the State of the flag which the vessel flies;
          • Directive 2001/23/EC relating to the safeguarding of employees’ rights in the event of transfers of undertakings: this Directive will now apply to a transfer of a seagoing vessel that is part of a transfer of an undertaking, business, provided that the transferee is situated, or the transferred undertaking, business, or part of an undertaking or business remains, within the territorial scope of the Treaty. This Directive will not apply where the object of the transfer consists exclusively of one or more seagoing vessels.

          Level of protection: the implementation of the Directive shall under no circumstances constitute grounds for a reduction in the general level of protection of persons covered by the Directive, already afforded by the Member States in the fields covered by the five amended Directives.

          The Directive will be implemented in accordance with the fundamental rights and principles recognised in the Charter of Fundamental Rights of the European Union, in particular the right to fair and just working conditions and to information and consultation within the undertaking.

          Commission report: the Commission, after consulting Member States and the social partners at the Union level, shall submit a report on the implementation and application of the Directive by 10.10.2019.

          ENTRY INTO FORCE: 9.10.2015.

          TRANSPOSITION: 10.10.2017.

        activities/12
        date
        2015-10-08T00:00:00
        docs
        type
        Final act published in Official Journal
        procedure/final
        url
        http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32015L1794
        title
        Directive 2015/1794
        procedure/stage_reached
        Old
        Procedure completed, awaiting publication in Official Journal
        New
        Procedure completed
        procedure/title
        Old
        Labour law: seafarers
        New
        Seafarers
        activities/4
        date
        2015-04-01T00:00:00
        body
        unknown
        type
        Committee decision to open interinstitutional negotiations with report adopted in committee
        activities/8
        date
        2015-09-18T00:00:00
        body
        CSL
        type
        Council Meeting
        council
        Environment
        meeting_id
        3409
        activities/9
        date
        2015-09-18T00:00:00
        body
        EP
        type
        End of procedure in Parliament
        activities/10
        date
        2015-09-18T00:00:00
        body
        EP/CSL
        type
        Act adopted by Council after Parliament's 1st reading
        activities/11
        date
        2015-10-06T00:00:00
        body
        CSL
        type
        Final act signed
        other/0
        body
        CSL
        type
        Council Meeting
        council
        Former Council configuration
        procedure/stage_reached
        Old
        Provisional agreement between Parliament and Council on final act
        New
        Procedure completed, awaiting publication in Official Journal
        procedure/subject/3
        Old
        4.15.05 Industrial restructuring, job losses, redundancies, relocations
        New
        4.15.05 Industrial restructuring, job losses, redundancies, relocations, Globalisation Adjustment Fund (EGF)
        activities/6/docs/0/text/0
        Old

        The European Parliament adopted by 62 votes to 38, with 24 abstentions, a legislative resolution on the proposal for a directive of the European Parliament and of the Council on seafarers amending Directives 2008/94/EC, 2009/38/EC, 2002/14/EC, 98/59/EC and 2001/23/EC.

        Parliament adopted its position at first reading following the ordinary legislative procedure. The amendment adopted in plenary amend the Commission proposal as follows:

        Increase the number and quality of maritime jobs: a recital stipulated that there is a need for an increase in the number and quality of maritime jobs for citizens of the Union and the importance of improving working conditions on board, inter alia through investment in research, education, training, health and safety. The Union should

        The Union should strive to improve working and living conditions on board ships, and to exploit the potential for innovation in order to make the maritime sector more attractive to Union seafarers, including young workers.

        Take account of the common understanding reached by social partners: another recital stipulates that in the framework of their social dialogue, the social partners in the maritime sector have reached a common understanding which is of major importance for this Directive. That common understanding strikes a good balance between the need to improve seafarers' working conditions and the need to take proper account of the sector's specific features.

        - Amendment to Directive 2008/94/EC on the protection of employees in the event of the insolvency of their employer:

        • continue to exclude from the scope of the Directive: it is provided that where such provision already applies in their national legislation, Member States may continue to exclude domestic servants employed by a natural person from the scope of this Directive.

        - Amendment to Directive 2002/14/EC establishing a general framework for informing and consulting employees: the Article stipulating that Member States may derogate from this Directive through particular provisions applicable to the crews of vessels plying the high seas has been deleted.

        The existence of, and/or possibility of introducing, exclusions may prevent seafarers from fully enjoying their rights to fair and just working conditions and to information and consultation, or limit the full enjoyment of those rights. Insofar as the existence of, and/or possibility of introducing, exclusions is not justified on objective grounds and seafarers are not treated equally, provisions which allow such exclusions should be deleted.

        The present legal situation, existing in part as a 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 or not they apply the exclusions and optional exclusions allowed by the legislation in force. A significant number of the Member States have made no, or only limited, use of those optional exclusions.

        - Amendments to Directive 2009/38/EC on the establishment of a European Works Council:

        • possibility to participate in the Works Council: it is stated that a member of a special negotiating body or of a European Works Council, or such a member's alternate, who is a member of the crew of a seagoing vessel, shall be entitled to participate in a meeting of the special negotiating body or of the European Works Council, or in any other meeting under any procedures established pursuant to the procedure laid down in the Directive, where that member or alternate is not at sea or in a port in a country other than that in which the shipping company is domiciled, when the meeting takes place;
        • use of new information and communication technologies: meetings shall, where practicable, be scheduled to facilitate the participation of members or alternates, who are members of the crews of seagoing vessels. In cases where a member of a special negotiating body or of a European Works Council, or such a member's alternate, who is a member of the crew of a seagoing vessel, is unable to attend a meeting, the possibility of using, where possible, new information and communication technologies shall be considered.

        - Amendments to Directive 98/59/EC on collective redundancies:

        • notification of a collective redundancy: where the projected collective redundancy concerns members of the crew of a seagoing vessel, the employer shall notify the competent authority of the state of the flag which the vessel flies.

        - Amendment to Directive 2001/23/EC on the approximation of the laws of the Member States relating to the safeguarding of employees' rights in the event of transfers of undertakings, businesses or parts of undertakings or businesses: the Directive shall apply to a transfer of a seagoing vessel that is part of a transfer of an undertaking, business or part of an undertaking or business, provided that the transferee is situated, or the transferred undertaking, business, or part of an undertaking or business remains, within the territorial scope of the Treaty. It shall not apply where the object of the transfer consists exclusively of one or more seagoing vessels.

        Level of protection: the implementation of this Directive shall under no circumstances constitute grounds for a reduction in the general level of protection of persons covered by this Directive, already afforded by the Member States in this field.

        Reporting: the Commission shall submit a report to the European Parliament and to the Council on the implementation of this Directive at the latest four years after its entry into force.

        Transposition: the text should be transposed in the Members States two years after its entry into force.

        New

        The European Parliament adopted by 642 votes to 38, with 24 abstentions, a legislative resolution on the proposal for a directive of the European Parliament and of the Council on seafarers amending Directives 2008/94/EC, 2009/38/EC, 2002/14/EC, 98/59/EC and 2001/23/EC.

        Parliament adopted its position at first reading following the ordinary legislative procedure. The amendment adopted in plenary amend the Commission proposal as follows:

        Increase the number and quality of maritime jobs: a recital stipulated that there is a need for an increase in the number and quality of maritime jobs for citizens of the Union and the importance of improving working conditions on board, inter alia through investment in research, education, training, health and safety. The Union should

        The Union should strive to improve working and living conditions on board ships, and to exploit the potential for innovation in order to make the maritime sector more attractive to Union seafarers, including young workers.

        Take account of the common understanding reached by social partners: another recital stipulates that in the framework of their social dialogue, the social partners in the maritime sector have reached a common understanding which is of major importance for this Directive. That common understanding strikes a good balance between the need to improve seafarers' working conditions and the need to take proper account of the sector's specific features.

        - Amendment to Directive 2008/94/EC on the protection of employees in the event of the insolvency of their employer:

        • continue to exclude from the scope of the Directive: it is provided that where such provision already applies in their national legislation, Member States may continue to exclude domestic servants employed by a natural person from the scope of this Directive.

        - Amendment to Directive 2002/14/EC establishing a general framework for informing and consulting employees: the Article stipulating that Member States may derogate from this Directive through particular provisions applicable to the crews of vessels plying the high seas has been deleted.

        The existence of, and/or possibility of introducing, exclusions may prevent seafarers from fully enjoying their rights to fair and just working conditions and to information and consultation, or limit the full enjoyment of those rights. Insofar as the existence of, and/or possibility of introducing, exclusions is not justified on objective grounds and seafarers are not treated equally, provisions which allow such exclusions should be deleted.

        The present legal situation, existing in part as a 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 or not they apply the exclusions and optional exclusions allowed by the legislation in force. A significant number of the Member States have made no, or only limited, use of those optional exclusions.

        - Amendments to Directive 2009/38/EC on the establishment of a European Works Council:

        • possibility to participate in the Works Council: it is stated that a member of a special negotiating body or of a European Works Council, or such a member's alternate, who is a member of the crew of a seagoing vessel, shall be entitled to participate in a meeting of the special negotiating body or of the European Works Council, or in any other meeting under any procedures established pursuant to the procedure laid down in the Directive, where that member or alternate is not at sea or in a port in a country other than that in which the shipping company is domiciled, when the meeting takes place;
        • use of new information and communication technologies: meetings shall, where practicable, be scheduled to facilitate the participation of members or alternates, who are members of the crews of seagoing vessels. In cases where a member of a special negotiating body or of a European Works Council, or such a member's alternate, who is a member of the crew of a seagoing vessel, is unable to attend a meeting, the possibility of using, where possible, new information and communication technologies shall be considered.

        - Amendments to Directive 98/59/EC on collective redundancies:

        • notification of a collective redundancy: where the projected collective redundancy concerns members of the crew of a seagoing vessel, the employer shall notify the competent authority of the state of the flag which the vessel flies.

        - Amendment to Directive 2001/23/EC on the approximation of the laws of the Member States relating to the safeguarding of employees' rights in the event of transfers of undertakings, businesses or parts of undertakings or businesses: the Directive shall apply to a transfer of a seagoing vessel that is part of a transfer of an undertaking, business or part of an undertaking or business, provided that the transferee is situated, or the transferred undertaking, business, or part of an undertaking or business remains, within the territorial scope of the Treaty. It shall not apply where the object of the transfer consists exclusively of one or more seagoing vessels.

        Level of protection: the implementation of this Directive shall under no circumstances constitute grounds for a reduction in the general level of protection of persons covered by this Directive, already afforded by the Member States in this field.

        Reporting: the Commission shall submit a report to the European Parliament and to the Council on the implementation of this Directive at the latest four years after its entry into force.

        Transposition: the text should be transposed in the Members States two years after its entry into force.

        activities/6/docs/0/text
        • The European Parliament adopted by 62 votes to 38, with 24 abstentions, a legislative resolution on the proposal for a directive of the European Parliament and of the Council on seafarers amending Directives 2008/94/EC, 2009/38/EC, 2002/14/EC, 98/59/EC and 2001/23/EC.

          Parliament adopted its position at first reading following the ordinary legislative procedure. The amendment adopted in plenary amend the Commission proposal as follows:

          Increase the number and quality of maritime jobs: a recital stipulated that there is a need for an increase in the number and quality of maritime jobs for citizens of the Union and the importance of improving working conditions on board, inter alia through investment in research, education, training, health and safety. The Union should

          The Union should strive to improve working and living conditions on board ships, and to exploit the potential for innovation in order to make the maritime sector more attractive to Union seafarers, including young workers.

          Take account of the common understanding reached by social partners: another recital stipulates that in the framework of their social dialogue, the social partners in the maritime sector have reached a common understanding which is of major importance for this Directive. That common understanding strikes a good balance between the need to improve seafarers' working conditions and the need to take proper account of the sector's specific features.

          - Amendment to Directive 2008/94/EC on the protection of employees in the event of the insolvency of their employer:

          • continue to exclude from the scope of the Directive: it is provided that where such provision already applies in their national legislation, Member States may continue to exclude domestic servants employed by a natural person from the scope of this Directive.

          - Amendment to Directive 2002/14/EC establishing a general framework for informing and consulting employees: the Article stipulating that Member States may derogate from this Directive through particular provisions applicable to the crews of vessels plying the high seas has been deleted.

          The existence of, and/or possibility of introducing, exclusions may prevent seafarers from fully enjoying their rights to fair and just working conditions and to information and consultation, or limit the full enjoyment of those rights. Insofar as the existence of, and/or possibility of introducing, exclusions is not justified on objective grounds and seafarers are not treated equally, provisions which allow such exclusions should be deleted.

          The present legal situation, existing in part as a 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 or not they apply the exclusions and optional exclusions allowed by the legislation in force. A significant number of the Member States have made no, or only limited, use of those optional exclusions.

          - Amendments to Directive 2009/38/EC on the establishment of a European Works Council:

          • possibility to participate in the Works Council: it is stated that a member of a special negotiating body or of a European Works Council, or such a member's alternate, who is a member of the crew of a seagoing vessel, shall be entitled to participate in a meeting of the special negotiating body or of the European Works Council, or in any other meeting under any procedures established pursuant to the procedure laid down in the Directive, where that member or alternate is not at sea or in a port in a country other than that in which the shipping company is domiciled, when the meeting takes place;
          • use of new information and communication technologies: meetings shall, where practicable, be scheduled to facilitate the participation of members or alternates, who are members of the crews of seagoing vessels. In cases where a member of a special negotiating body or of a European Works Council, or such a member's alternate, who is a member of the crew of a seagoing vessel, is unable to attend a meeting, the possibility of using, where possible, new information and communication technologies shall be considered.

          - Amendments to Directive 98/59/EC on collective redundancies:

          • notification of a collective redundancy: where the projected collective redundancy concerns members of the crew of a seagoing vessel, the employer shall notify the competent authority of the state of the flag which the vessel flies.

          - Amendment to Directive 2001/23/EC on the approximation of the laws of the Member States relating to the safeguarding of employees' rights in the event of transfers of undertakings, businesses or parts of undertakings or businesses: the Directive shall apply to a transfer of a seagoing vessel that is part of a transfer of an undertaking, business or part of an undertaking or business, provided that the transferee is situated, or the transferred undertaking, business, or part of an undertaking or business remains, within the territorial scope of the Treaty. It shall not apply where the object of the transfer consists exclusively of one or more seagoing vessels.

          Level of protection: the implementation of this Directive shall under no circumstances constitute grounds for a reduction in the general level of protection of persons covered by this Directive, already afforded by the Member States in this field.

          Reporting: the Commission shall submit a report to the European Parliament and to the Council on the implementation of this Directive at the latest four years after its entry into force.

          Transposition: the text should be transposed in the Members States two years after its entry into force.

        procedure/stage_reached
        Old
        Awaiting Council 1st reading position / budgetary conciliation convocation
        New
        Provisional agreement between Parliament and Council on final act
        activities/6/docs
        • url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P8-TA-2015-0259 type: Decision by Parliament, 1st reading/single reading title: T8-0259/2015
        activities/6/type
        Old
        Vote in plenary scheduled
        New
        Decision by Parliament, 1st reading/single reading
        procedure/stage_reached
        Old
        Awaiting Parliament 1st reading / single reading / budget 1st stage
        New
        Awaiting Council 1st reading position / budgetary conciliation convocation
        activities/6
        date
        2015-07-07T00:00:00
        body
        EP
        type
        Debate in plenary scheduled
        activities/6/type
        Old
        Indicative plenary sitting date, 1st reading/single reading
        New
        Debate in plenary scheduled
        activities/7
        date
        2015-07-08T00:00:00
        body
        EP
        type
        Vote in plenary scheduled
        activities/5/docs/0/text
        • The Committee on Employment and Social Affairs adopted the report by Elisabeth MORIN-CHARTIER (EPP, FR) on the proposal for a directive of the European Parliament and of the Council on seafarers amending Directives 2008/94/EC, 2009/38/EC, 2002/14/EC, 98/59/EC and 2001/23/EC.

          The committee recommended that the European Parliament’s position adopted at first reading following the ordinary legislative procedure should amend the Commission proposal as follows:

          Social partner’s agreement: a new recital stipulates that the social partners in the maritime and fisheries sector have reached an agreement of vital importance for the proper implementation of this Directive. That agreement strikes a good balance between the need to improve seafarers' working conditions and the need to take proper account of the sector’s specific features.

          Safe and secure conditions: seafarers have a right to a safe and secure workplace, in which safety standards are complied with, and should have fair terms of employment and decent living and working conditions, including social protection and professional training. The Union should always strive to improve working and living conditions on board ships,  and to exploit the potential for innovation in order to make the maritime sector more attractive to Union seafarers including young workers. Consequently, the Commission should draw up an agenda encouraging young workers to join the sector.

          Works Council: it is stated that a member of a special negotiating body or the European Works Council, or his or her representative, who is a member of the crew of a seagoing vessel, shall be entitled to participate in meetings of the special negotiating body or European Works Council or any other meeting within the procedure established under the proposed Directive if he or she is not at sea or in a port in a State other than that in which the undertaking is domiciled when the meeting takes place.

          Using new technological developments to enhance remote communication: with a view to maximising the chances of worker representation, use shall be made, wherever possible, of new information and communication technologies in cases where a member of a special negotiating body or a European Works Council or his or her representative, who is a member of the crew of a seagoing vessel is unable to attend a meeting.

          Scope: this Directive shall apply to the transfer of a seagoing vessel that is part of a transfer of an undertaking, business, or part of an undertaking or business provided that the transferee is situated within the territorial scope of the Treaty, or the transferred undertaking, business, or part of an undertaking or business remains within the territorial scope of the Treaty. 

          This Directive shall not apply if the object of the transfer consists exclusively of one or more seagoing vessels.

          Deletion of specific derogations: derogations concerning particular provisions of the crews of vessels plying the high sea provided in the proposal have been deleted.

          In addition, the proposal provided that 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 consulting the social partners, grant the competent public authority the power to derogate, in full or in part, from the period provided for in Directive under certain circumstances: these derogations have been deleted.

          Other derogations have been deleted concerning the application of Chapter II of the proposed Directive under certain circumstances.

          Non-regression clause: the transposition of this Directive should not justify any regression regarding the situation which already prevails in a Member State. 

          Entry into force: the text shall be transposed in the Member States no later than 2 years after the date of entry into force (against 5 years as proposed by the Commission).

        activities/0/docs/0/celexid
        CELEX:52013PC0798:EN
        activities/0/docs/0/celexid
        CELEX:52013PC0798:EN
        activities/0/docs/0/celexid
        CELEX:52013PC0798:EN
        activities/5/docs
        • url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A8-2015-0127&language=EN type: Committee report tabled for plenary, 1st reading/single reading title: A8-0127/2015
        links/European Commission/title
        Old
        PreLex
        New
        EUR-Lex
        activities/1/committees/2
        body
        EP
        responsible
        None
        committee
        JURI
        date
        2015-05-21T00:00:00
        committee_full
        Legal Affairs
        rapporteur
        group: Verts/ALE name: HAUTALA Heidi
        activities/2/committees/2
        body
        EP
        responsible
        None
        committee
        JURI
        date
        2015-05-21T00:00:00
        committee_full
        Legal Affairs
        rapporteur
        group: Verts/ALE name: HAUTALA Heidi
        activities/4/committees/2
        body
        EP
        responsible
        None
        committee
        JURI
        date
        2015-05-21T00:00:00
        committee_full
        Legal Affairs
        rapporteur
        group: Verts/ALE name: HAUTALA Heidi
        activities/5/committees/2
        body
        EP
        responsible
        None
        committee
        JURI
        date
        2015-05-21T00:00:00
        committee_full
        Legal Affairs
        rapporteur
        group: Verts/ALE name: HAUTALA Heidi
        committees/2
        body
        EP
        responsible
        None
        committee
        JURI
        date
        2015-05-21T00:00:00
        committee_full
        Legal Affairs
        rapporteur
        group: Verts/ALE name: HAUTALA Heidi
        activities/6/date
        Old
        2015-06-09T00:00:00
        New
        2015-07-07T00:00:00
        activities/5
        date
        2015-04-09T00:00:00
        body
        EP
        type
        Committee report tabled for plenary, 1st reading/single reading
        committees
        procedure/stage_reached
        Old
        Awaiting committee decision
        New
        Awaiting Parliament 1st reading / single reading / budget 1st stage
        activities/4
        date
        2015-04-01T00:00:00
        body
        EP
        type
        Vote in committee, 1st reading/single reading
        committees
        procedure/Modified legal basis
        Rules of Procedure of the European Parliament EP 150
        activities/4
        date
        2015-04-01T00:00:00
        body
        EP
        type
        Vote scheduled in committee, 1st reading/single reading
        activities/0/docs/0/celexid
        CELEX:52013PC0798:EN
        activities/5/date
        Old
        2015-05-19T00:00:00
        New
        2015-06-09T00:00:00
        activities/0/docs/0/celexid
        CELEX:52013PC0798:EN
        activities/5/date
        Old
        2015-04-28T00:00:00
        New
        2015-05-19T00:00:00
        procedure/subject/1
        Old
        3.20.03 Sea transport: passengers and freight
        New
        3.20.03 Maritime transport: passengers and freight
        activities/4/date
        Old
        2015-03-24T00:00:00
        New
        2015-04-01T00:00:00
        activities/0/commission/0/Commissioner
        Old
        KALLAS Siim
        New
        THYSSEN Marianne
        activities/0/commission/0/DG/title
        Old
        Mobility and Transport
        New
        Employment, Social Affairs and Inclusion
        activities/0/commission/0/DG/url
        Old
        http://ec.europa.eu/dgs/transport/index_en.htm
        New
        http://ec.europa.eu/social/
        other/0/commissioner
        Old
        KALLAS Siim
        New
        THYSSEN Marianne
        other/0/dg/title
        Old
        Mobility and Transport
        New
        Employment, Social Affairs and Inclusion
        other/0/dg/url
        Old
        http://ec.europa.eu/dgs/transport/index_en.htm
        New
        http://ec.europa.eu/social/
        activities/3
        body
        CSL
        meeting_id
        3357
        docs
        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=3357*&MEET_DATE=11/12/2014 type: Debate in Council title: 3357
        council
        Employment, Social Policy, Health and Consumer Affairs
        date
        2014-12-11T00:00:00
        type
        Council Meeting
        activities/4
        date
        2015-04-28T00:00:00
        body
        EP
        type
        Indicative plenary sitting date, 1st reading/single reading
        activities/1/committees/0/shadows/5
        group
        EFD
        name
        BEGHIN Tiziana
        activities/2/committees/0/shadows/5
        group
        EFD
        name
        BEGHIN Tiziana
        committees/0/shadows/5
        group
        EFD
        name
        BEGHIN Tiziana
        activities/1/committees/0/shadows/3
        group
        GUE/NGL
        name
        LE HYARIC Patrick
        activities/2/committees/0/shadows/3
        group
        GUE/NGL
        name
        LE HYARIC Patrick
        committees/0/shadows/3
        group
        GUE/NGL
        name
        LE HYARIC Patrick
        activities/2
        date
        2014-10-20T00:00:00
        body
        EP
        type
        Committee referral announced in Parliament, 1st reading/single reading
        committees
        activities/2
        date
        2015-03-24T00:00:00
        body
        EP
        type
        Vote scheduled in committee, 1st reading/single reading
        activities/1/committees/0/shadows/3
        group
        Verts/ALE
        name
        LAMBERT Jean
        committees/0/shadows/3
        group
        Verts/ALE
        name
        LAMBERT Jean
        activities/1/committees/0/date
        2014-09-17T00:00:00
        activities/1/committees/0/rapporteur
        • group: EPP name: MORIN-CHARTIER Elisabeth
        committees/0/date
        2014-09-17T00:00:00
        committees/0/rapporteur
        • group: EPP name: MORIN-CHARTIER Elisabeth
        activities/1/committees/0/shadows/0
        group
        S&D
        name
        JONGERIUS Agnes
        activities/1/committees/0/shadows/1
        group
        ECR
        name
        GERICKE Arne
        committees/0/shadows/0
        group
        S&D
        name
        JONGERIUS Agnes
        committees/0/shadows/1
        group
        ECR
        name
        GERICKE Arne
        activities/1/committees/2
        body
        EP
        responsible
        False
        committee
        PECH
        date
        2014-09-04T00:00:00
        committee_full
        Fisheries
        rapporteur
        group: GUE/NGL name: NÍ RIADA Liadh
        committees/2
        body
        EP
        responsible
        False
        committee
        PECH
        date
        2014-09-04T00:00:00
        committee_full
        Fisheries
        rapporteur
        group: GUE/NGL name: NÍ RIADA Liadh
        activities/1/committees/0/shadows
        • group: ALDE name: TØRNÆS Ulla
        committees/0/shadows
        • group: ALDE name: TØRNÆS Ulla
        activities/1/committees/1/rapporteur/0/mepref
        Old
        4de188070fb8127435bdc2a2
        New
        4f1adadbb819f207b3000094
        committees/1/rapporteur/0/mepref
        Old
        4de188070fb8127435bdc2a2
        New
        4f1adadbb819f207b3000094
        activities/1/committees/1
        body
        EP
        responsible
        True
        committee
        EMPL
        date
        2013-06-12T00:00:00
        committee_full
        Employment and Social Affairs
        rapporteur
        group: PPE name: RONZULLI Licia
        committees/1
        body
        EP
        responsible
        True
        committee
        EMPL
        date
        2013-06-12T00:00:00
        committee_full
        Employment and Social Affairs
        rapporteur
        group: PPE name: RONZULLI Licia
        activities/1/committees/0/date
        2013-06-12T00:00:00
        activities/1/committees/0/rapporteur
        • group: EPP name: RONZULLI Licia
        activities/1/committees/0/shadows
        • group: S&D name: ABELA BALDACCHINO Claudette
        • group: ALDE name: DE BACKER Philippe
        • group: Verts/ALE name: SCHROEDTER Elisabeth
        • group: ECR name: MCINTYRE Anthea
        • group: GUE/NGL name: MURPHY Paul
        activities/2
        date
        2014-03-18T00:00:00
        body
        EP
        type
        Vote in committee, 1st reading/single reading
        committees
        committees/0/date
        2013-06-12T00:00:00
        committees/0/rapporteur
        • group: EPP name: RONZULLI Licia
        committees/0/shadows
        • group: S&D name: ABELA BALDACCHINO Claudette
        • group: ALDE name: DE BACKER Philippe
        • group: Verts/ALE name: SCHROEDTER Elisabeth
        • group: ECR name: MCINTYRE Anthea
        • group: GUE/NGL name: MURPHY Paul
        procedure/dossier_of_the_committee
        Old
        EMPL/7/14594
        New
        EMPL/8/00260
        activities/0/docs/0/url
        Old
        http://old.eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2013&nu_doc=0798
        New
        http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2013&nu_doc=0798
        activities/0/docs/0/url
        Old
        http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2013&nu_doc=0798
        New
        http://old.eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2013&nu_doc=0798
        activities/3
        date
        2014-04-16T00:00:00
        body
        EP
        type
        Indicative plenary sitting date, 1st reading/single reading
        activities/2
        date
        2014-03-18T00:00:00
        body
        EP
        type
        Vote in committee, 1st reading/single reading
        committees
        activities/0/docs/0/celexid
        CELEX:52013PC0798:EN
        activities/0/docs/0/celexid
        CELEX:52013PC0798:EN
        activities/2/date
        Old
        2014-04-15T00:00:00
        New
        2014-04-16T00:00:00
        activities/1/committees/0/shadows/0/mepref
        Old
        4de183e40fb8127435bdbcc6
        New
        5181ac73b819f2049e000000
        activities/1/committees/0/shadows/0/name
        Old
        CHRISTENSEN Ole
        New
        ABELA BALDACCHINO Claudette
        committees/0/shadows/0/mepref
        Old
        4de183e40fb8127435bdbcc6
        New
        5181ac73b819f2049e000000
        committees/0/shadows/0/name
        Old
        CHRISTENSEN Ole
        New
        ABELA BALDACCHINO Claudette
        activities/0
        date
        2013-11-18T00:00:00
        docs
        body
        EC
        type
        Legislative proposal
        commission
        DG: url: http://ec.europa.eu/dgs/transport/index_en.htm title: Mobility and Transport Commissioner: KALLAS Siim
        activities/0/body
        Old
        EP
        New
        EC
        activities/0/commission
        • DG: url: http://ec.europa.eu/dgs/transport/index_en.htm title: Mobility and Transport Commissioner: KALLAS Siim
        activities/0/date
        Old
        2013-12-19T00:00:00
        New
        2013-11-18T00:00:00
        activities/0/docs/0/celexid
        CELEX:52013PC0798:EN
        activities/0/docs/0/text
        • PURPOSE: to amend several European Directives in order to improve the level of information and consultation of seagoing workers in all Directives.

          PROPOSED ACT: Directive of the European Parliament and of the Council.

          ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council.

          BACKGROUND: the EU labour law directives are generally applicable to all sectors of activity and all categories of workers. Nevertheless, seafarers are excluded or can be excluded from the scope of six directives, without any express justification. The directives concerned are the following:

          • Directive 2008/94/EC relating to the protection of employees in the event of the insolvency of their employer (hereafter referred to as ‘the Employer Insolvency Directive’);
          • Directive 2009/38/EC on the establishment of European Works Council (hereafter referred to as the ‘European Works Council Directive’);
          • Directive 2002/14/EC establishing a general framework for informing and consulting employees (hereafter referred to as the ‘Information and Consultation Directive’);
          • Directive 98/59/EC on the approximation of the laws of the Member States relating to collective redundancies (hereafter referred to as the ‘Collective Redundancies Directive’);
          • Directive 2001/23/EC relating to the safeguarding of employees’ rights in the event of transfers of undertakings (hereafter referred to as the ‘Transfer of Undertakings Directive’);
          • Directive 96/71/EC concerning the posting of workers in the framework of the provision of services (hereafter referred to as the ‘Posting of Workers Directive’).

          Depending on the situation at national level, exclusions could have a negative impact on a number of rights recognised under the Charter of Fundamental Rights of the European Union, in particular the right to information and consultation within the undertaking and the right to fair and just working conditions.

          Most of the Member States have made little or no use of the exclusions which gives rise to a potential situation whereby the same categories of workers are treated differently in the different Member States.

          The number of EU national seafarers is steadily decreasing and this could be problematic for the future, notably because experience off-shore is essential for certain shore-based jobs.

          Although this could be the consequence of different factors, the lack of interest in maritime careers may be reinforced by the impression that seafarers are less well protected than other employees.

          As a consequence, the aim of the proposal is to improve the level of protection of the rights protected under the EU Charter of Fundamental Rights in EU labour law and to ensure a level playing field at EU level.

          IMPACT ASSESSMENT: according to the Directive to be amended, different options have been identified:

          • suppression of the exclusions for the Insolvency Directive and for the European Works Council Directive;
          • granting a derogation concerning the equivalent level of protection for the Information and Consultation Directive;
          • including specific provisions for the Collective Redundancies Directive and for the Transfer of Undertakings Directive;

          As regards the Posting of Workers Directive, it was decided that no changes should be made.

          LEGAL BASIS: This proposal introduces amendments to five existing Directives: Directives 2008/94/EC, 2009/38/EC, 2002/14/EC, 98/59/EC and 2001/23/EC. Three of these Directives were adopted with Article 153 TFEU (former Article 137 EC) as legal basis: 2009/38/EC, 2002/14/EC and 2008/94/EC. The legal bases of Directives 98/59/EC and 2001/23/EC were respectively Articles 100 EC and 94 EC, i.e., equivalent to the current Article 115 TFEU.

          Despite the different legal bases of the Directives to be amended, having regard to their content, it is clear that they all serve to support and complement Member States' activities in the fields enumerated in Article 153(1) TFEU, in order to further the social policy objectives of the Union.

          Article 153(2) TFEU is therefore the adequate legal basis for a single proposal amending the abovementioned five Directives.

          CONTENT: this proposal introduces amendments to five Directives in force.

          The amending provisions may be summarised as follows:

          Right to information and consultation: the proposal recognises an unconditional right to information and consultation of seagoing workers in all Directives which previously allowed for exceptions and derogations from this right (European Works Councils Directive, Information and Consultation Directive, Collective Redundancies Directive, Transfer of Undertakings Directive).

          Principles: the proposal also recognises other rights, taking into account the specificity of the sector (suppression in some specific cases of cooling-off periods in the Collective Redundancies Directive or of the transfer of the employment contract/relationship in the Transfer of Undertakings Directive).

          Amendments to the Directives:

          a) reintroduction of seafarers into the scope of certain Directives:

          • the deletion of Article 1(3), point (b) of Directive 2008/94/EC. This will suppress the possibility of excluding share-fishermen from the scope of the Insolvency Directive;
          • suppression of Article 1(7) of Directive 2009/38/EC. Merchant navy crews will therefore be covered by the provisions of the European Works Council Directive.

          b) new rights: modifications to Article 3(3) of Directive 2002/14/EC in order to clarify that Member States are able to derogate from the general provisions of the Directive only where an equivalent level of protection and effective exercise by the employees concerned is ensured.

          c) collective redundancies: Directive 98/59/EC is amended as follows:

          • insertion of the definition of ‘transfer’, by reference to Directive 2001/23/EC;
          • deletion of Article 1(2)(c), thus putting the crews of seagoing vessels within the scope of the Collective Redundancies Directive;
          • clarification that the notification provided for by Article 3(1) of the Directive should always be made to the competent authority of the State of the flag. This clarification is necessary because of the potential coexistence of employment contracts under different national laws;
          • insertion of a new provision stating that Member States may grant the competent public authority the right to derogate, in part of in full, from the provisions on the ‘cooling-off’ period when the envisaged collective redundancy is carried out as a consequence of a transfer, having as its object exclusively one vessel or more vessels, or when the employer only operates one vessel. If Member States would like to make use of this derogation, they have to consult social partners when transposing this provision into their legislation. This amendment takes into account the characteristics of the maritime sector.

          It should be underlined that in the case of a sale consisting exclusively of one vessel or more, or in the case of an employer operating one vessel, the information and consultation obligation laid down in Article 2 continues to apply.

          The Directive remains fully applicable in all other circumstances where the collective dismissal of members of the crew of a vessel is envisaged.

          d) transfer of undertakings: current Article 1(3) of Directive 2001/23/EC is repealed. The Directive is made fully applicable to seagoing vessels registered in and/or flying the flag of a Member State, wherever they are situated. However, taking into account the specific characteristics of the maritime sector, Member States may, after consultation of social partners, derogate from the provisions of Chapter II of the Directive in the case of transfers concerning exclusively one seagoing vessel or a number of seagoing vessels, or the undertaking or  business being transferred only operates one seagoing vessel. Consequently, in case of transfers concerning vessels exclusively or in the case of the undertaking only operating one vessel, at least the provisions of the Directive concerning information and consultation shall apply.

          Vessels are fully covered by the scope of the Directive when they constitute one of the assets being transferred.

          Non-regression clause: this clause aims at safeguarding the rights of workers covered by the scope of the proposal as recognised by the Member States before its entry into force.

          Review clause: the objective of the review is to monitor the implementation and application of Articles 4 and 5 of the Directive in the Member States, in particular on two issues:

          • the phenomenon of flagging out,
          • the level of employment of EU seafarers.

          Transition period: in order to take into account the differences between Member States regarding the nature of the maritime sector and the extent to which seafarers are included in the scope of national labour legislation, the proposal provides for a transition period of 5 years.

        activities/0/docs/0/title
        Old
        PE524.699
        New
        COM(2013)0798
        activities/0/docs/0/type
        Old
        Committee draft report
        New
        Legislative proposal published
        activities/0/docs/0/url
        Old
        http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE524.699
        New
        http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2013&nu_doc=0798
        activities/0/type
        Old
        Committee draft report
        New
        Legislative proposal published
        activities/1/committees/0/shadows/1
        group
        ALDE
        name
        DE BACKER Philippe
        activities/2/docs/0/url
        http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE524.699
        committees/0/shadows/1
        group
        ALDE
        name
        DE BACKER Philippe
        activities/0/commission/0
        DG
        Commissioner
        KALLAS Siim
        other/0
        body
        EC
        dg
        commissioner
        KALLAS Siim
        activities/2
        date
        2013-12-19T00:00:00
        docs
        type: Committee draft report title: PE524.699
        body
        EP
        type
        Committee draft report
        activities/0/docs/0/text
        • PURPOSE: to amend several European Directives in order to improve the level of information and consultation of seagoing workers in all Directives.

          PROPOSED ACT: Directive of the European Parliament and of the Council.

          ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council.

          BACKGROUND: the EU labour law directives are generally applicable to all sectors of activity and all categories of workers. Nevertheless, seafarers are excluded or can be excluded from the scope of six directives, without any express justification. The directives concerned are the following:

          • Directive 2008/94/EC relating to the protection of employees in the event of the insolvency of their employer (hereafter referred to as ‘the Employer Insolvency Directive’);
          • Directive 2009/38/EC on the establishment of European Works Council (hereafter referred to as the ‘European Works Council Directive’);
          • Directive 2002/14/EC establishing a general framework for informing and consulting employees (hereafter referred to as the ‘Information and Consultation Directive’);
          • Directive 98/59/EC on the approximation of the laws of the Member States relating to collective redundancies (hereafter referred to as the ‘Collective Redundancies Directive’);
          • Directive 2001/23/EC relating to the safeguarding of employees’ rights in the event of transfers of undertakings (hereafter referred to as the ‘Transfer of Undertakings Directive’);
          • Directive 96/71/EC concerning the posting of workers in the framework of the provision of services (hereafter referred to as the ‘Posting of Workers Directive’).

          Depending on the situation at national level, exclusions could have a negative impact on a number of rights recognised under the Charter of Fundamental Rights of the European Union, in particular the right to information and consultation within the undertaking and the right to fair and just working conditions.

          Most of the Member States have made little or no use of the exclusions which gives rise to a potential situation whereby the same categories of workers are treated differently in the different Member States.

          The number of EU national seafarers is steadily decreasing and this could be problematic for the future, notably because experience off-shore is essential for certain shore-based jobs.

          Although this could be the consequence of different factors, the lack of interest in maritime careers may be reinforced by the impression that seafarers are less well protected than other employees.

          As a consequence, the aim of the proposal is to improve the level of protection of the rights protected under the EU Charter of Fundamental Rights in EU labour law and to ensure a level playing field at EU level.

          IMPACT ASSESSMENT: according to the Directive to be amended, different options have been identified:

          • suppression of the exclusions for the Insolvency Directive and for the European Works Council Directive;
          • granting a derogation concerning the equivalent level of protection for the Information and Consultation Directive;
          • including specific provisions for the Collective Redundancies Directive and for the Transfer of Undertakings Directive;

          As regards the Posting of Workers Directive, it was decided that no changes should be made.

          LEGAL BASIS: This proposal introduces amendments to five existing Directives: Directives 2008/94/EC, 2009/38/EC, 2002/14/EC, 98/59/EC and 2001/23/EC. Three of these Directives were adopted with Article 153 TFEU (former Article 137 EC) as legal basis: 2009/38/EC, 2002/14/EC and 2008/94/EC. The legal bases of Directives 98/59/EC and 2001/23/EC were respectively Articles 100 EC and 94 EC, i.e., equivalent to the current Article 115 TFEU.

          Despite the different legal bases of the Directives to be amended, having regard to their content, it is clear that they all serve to support and complement Member States' activities in the fields enumerated in Article 153(1) TFEU, in order to further the social policy objectives of the Union.

          Article 153(2) TFEU is therefore the adequate legal basis for a single proposal amending the abovementioned five Directives.

          CONTENT: this proposal introduces amendments to five Directives in force.

          The amending provisions may be summarised as follows:

          Right to information and consultation: the proposal recognises an unconditional right to information and consultation of seagoing workers in all Directives which previously allowed for exceptions and derogations from this right (European Works Councils Directive, Information and Consultation Directive, Collective Redundancies Directive, Transfer of Undertakings Directive).

          Principles: the proposal also recognises other rights, taking into account the specificity of the sector (suppression in some specific cases of cooling-off periods in the Collective Redundancies Directive or of the transfer of the employment contract/relationship in the Transfer of Undertakings Directive).

          Amendments to the Directives:

          a) reintroduction of seafarers into the scope of certain Directives:

          • the deletion of Article 1(3), point (b) of Directive 2008/94/EC. This will suppress the possibility of excluding share-fishermen from the scope of the Insolvency Directive;
          • suppression of Article 1(7) of Directive 2009/38/EC. Merchant navy crews will therefore be covered by the provisions of the European Works Council Directive.

          b) new rights: modifications to Article 3(3) of Directive 2002/14/EC in order to clarify that Member States are able to derogate from the general provisions of the Directive only where an equivalent level of protection and effective exercise by the employees concerned is ensured.

          c) collective redundancies: Directive 98/59/EC is amended as follows:

          • insertion of the definition of ‘transfer’, by reference to Directive 2001/23/EC;
          • deletion of Article 1(2)(c), thus putting the crews of seagoing vessels within the scope of the Collective Redundancies Directive;
          • clarification that the notification provided for by Article 3(1) of the Directive should always be made to the competent authority of the State of the flag. This clarification is necessary because of the potential coexistence of employment contracts under different national laws;
          • insertion of a new provision stating that Member States may grant the competent public authority the right to derogate, in part of in full, from the provisions on the ‘cooling-off’ period when the envisaged collective redundancy is carried out as a consequence of a transfer, having as its object exclusively one vessel or more vessels, or when the employer only operates one vessel. If Member States would like to make use of this derogation, they have to consult social partners when transposing this provision into their legislation. This amendment takes into account the characteristics of the maritime sector.

          It should be underlined that in the case of a sale consisting exclusively of one vessel or more, or in the case of an employer operating one vessel, the information and consultation obligation laid down in Article 2 continues to apply.

          The Directive remains fully applicable in all other circumstances where the collective dismissal of members of the crew of a vessel is envisaged.

          d) transfer of undertakings: current Article 1(3) of Directive 2001/23/EC is repealed. The Directive is made fully applicable to seagoing vessels registered in and/or flying the flag of a Member State, wherever they are situated. However, taking into account the specific characteristics of the maritime sector, Member States may, after consultation of social partners, derogate from the provisions of Chapter II of the Directive in the case of transfers concerning exclusively one seagoing vessel or a number of seagoing vessels, or the undertaking or  business being transferred only operates one seagoing vessel. Consequently, in case of transfers concerning vessels exclusively or in the case of the undertaking only operating one vessel, at least the provisions of the Directive concerning information and consultation shall apply.

          Vessels are fully covered by the scope of the Directive when they constitute one of the assets being transferred.

          Non-regression clause: this clause aims at safeguarding the rights of workers covered by the scope of the proposal as recognised by the Member States before its entry into force.

          Review clause: the objective of the review is to monitor the implementation and application of Articles 4 and 5 of the Directive in the Member States, in particular on two issues:

          • the phenomenon of flagging out,
          • the level of employment of EU seafarers.

          Transition period: in order to take into account the differences between Member States regarding the nature of the maritime sector and the extent to which seafarers are included in the scope of national labour legislation, the proposal provides for a transition period of 5 years.

        activities/0/docs/0/celexid
        CELEX:52013PC0798:EN
        activities/0/docs/0/celexid
        CELEX:52013PC0798:EN
        activities/1
        date
        2013-11-21T00:00:00
        body
        EP
        type
        Committee referral announced in Parliament, 1st reading/single reading
        committees
        activities/2/committees
        • body: EP responsible: True committee_full: Employment and Social Affairs committee: EMPL
        • body: EP responsible: False committee_full: Fisheries committee: PECH
        • body: EP responsible: False committee_full: Transport and Tourism committee: TRAN
        activities/2/date
        Old
        2013-11-21T00:00:00
        New
        2014-04-15T00:00:00
        activities/2/type
        Old
        Committee referral announced in Parliament, 1st reading/single reading
        New
        Indicative plenary sitting date, 1st reading/single reading
        committees/0/date
        2013-06-12T00:00:00
        committees/0/rapporteur
        • group: EPP name: RONZULLI Licia
        committees/0/shadows
        • group: S&D name: CHRISTENSEN Ole
        • group: Verts/ALE name: SCHROEDTER Elisabeth
        • group: ECR name: MCINTYRE Anthea
        • group: GUE/NGL name: MURPHY Paul
        activities/0/docs/0/url
        http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2013&nu_doc=0798
        activities/0/docs/1
        url
        http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=SWD:2013:0461:FIN:FR:PDF
        type
        Document attached to the procedure
        title
        SWD(2013)0461
        activities/0/docs/2
        url
        http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=SWD:2013:0462:FIN:EN:PDF
        type
        Document attached to the procedure
        title
        SWD(2013)0462
        activities
        • date: 2013-11-18T00:00:00 docs: title: COM(2013)0798 type: Legislative proposal published celexid: CELEX:52013PC0798:EN body: EC type: Legislative proposal commission:
        • date: 2013-11-21T00:00:00 body: EP type: Committee referral announced in Parliament, 1st reading/single reading committees: body: EP responsible: True committee_full: Employment and Social Affairs committee: EMPL body: EP responsible: False committee_full: Fisheries committee: PECH body: EP responsible: False committee_full: Transport and Tourism committee: TRAN
        committees
        • body: EP responsible: True committee_full: Employment and Social Affairs committee: EMPL
        • body: EP responsible: False committee_full: Fisheries committee: PECH
        • body: EP responsible: False committee_full: Transport and Tourism committee: TRAN
        links
        European Commission
        other
          procedure
          dossier_of_the_committee
          EMPL/7/14594
          Mandatory consultation of other institutions
          Economic and Social Committee Committee of the Regions
          reference
          2013/0390(COD)
          instrument
          Directive
          legal_basis
          Treaty on the Functioning of the EU TFEU 153-p2
          stage_reached
          Awaiting committee decision
          summary
          subtype
          Legislation
          title
          Labour law: seafarers
          type
          COD - Ordinary legislative procedure (ex-codecision procedure)
          subject