Procedure : 2013/0390(COD)
Document stages in plenary
Document selected : A8-0127/2015

Texts tabled :

A8-0127/2015

Debates :

Votes :

PV 08/07/2015 - 4.8
Explanations of votes

Texts adopted :

P8_TA(2015)0259

REPORT     ***I
PDF 524kWORD 346k
9.4.2015
PE 541.670v02-00 A8-0127/2015

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

(COM(2013)0798 – C7‑0409/2013 – 2013/0390(COD))

Committee on Employment and Social Affairs

Rapporteur: Elisabeth Morin-Chartier

AMENDMENTS
DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION
 EXPLANATORY STATEMENT
 OPINION of the Committee on Fisheries
 PROCEDURE

DRAFT EUROPEAN PARLIAMENT 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

(COM(2013)0798 – C7‑0409/2013 – 2013/0390(COD))

(Ordinary legislative procedure: first reading)

The European Parliament,

–       having regard to the Commission proposal to Parliament and the Council (COM(2013)0798),

–       having regard to Article 294(2) and Article 153(2) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7‑0409/2013),

–       having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

–       having regard to the opinion of 25 March 2014 of the European Economic and Social Committee(1),

–       having regard to the opinion of 3 April 2014 of the Committee of the Regions(2),

–       having regard to Rule 59 of its Rules of Procedure,

–       having regard to the report of the Committee on Employment and Social Affairs and the opinion of the Committee on Fisheries (A8-0127/2015),

1.      Adopts its position at first reading hereinafter set out;

2.      Calls on the Commission to refer the matter to Parliament again if it intends to amend its proposal substantially or replace it with another text;

3.      Instructs its President to forward its position to the Council, the Commission and the national parliaments.

Amendment    1

Proposal for a directive

Recital 1

 

Text proposed by the Commission

Amendment

(1) Under Article 153 of the Treaty on the Functioning of the European Union (TFEU), the European Parliament and the Council may, in accordance with the ordinary legislative procedure, adopt, by means of directives, minimum requirements for gradual implementation aiming at improving working conditions, the protection of workers where their employment contract is terminated, information and consultation of workers and the working environment to protect workers’ health and safety. Such directives must avoid imposing administrative, financial and legal constraints in a way that would hold back the creation and development of small and medium-sized undertakings.

(1) Under Article 153 of the Treaty on the Functioning of the European Union (TFEU), the European Parliament and the Council may, in accordance with the ordinary legislative procedure, adopt, by means of directives, minimum requirements for gradual implementation aiming at improving working conditions, the protection of workers where their employment contract is terminated, information and consultation of workers and the working environment to protect workers’ health and safety. Such directives must avoid imposing disproportionate costs, administrative and legal constraints in a way that would hold back the creation and development of small and medium-sized undertakings and family businesses, which are the drivers of sustainable and inclusive growth, and the source of 85% of all new jobs in the European Union.

Amendment  2

Proposal for a directive

Recital 2 a (new)

Text proposed by the Commission

Amendment

 

(2a) As early as 2006 the Commission Green Paper entitled ‘Towards a future maritime policy for the Union’ underlined the importance of establishing an integrated legal framework in order to make the sector more competitive.

Amendment  3

Proposal for a directive

Recital 3

 

Text proposed by the Commission

Amendment

(3) Insofar the existence and/or possibility of introducing exclusions is not justified on objective grounds, they should be suppressed.

(3) Insofar as the existence and/or possibility of introducing exclusions is not justified on objective grounds and gives rise to situations in which seafarers are discriminated against, the measures introducing such exclusions should be suppressed.

Amendment  4

Proposal for a directive

Recital 5

 

Text proposed by the Commission

Amendment

(5) The present legal situation gives rise to unequal treatment of the same category of workers by different Member States, according to whether they apply or not the exemptions and derogations allowed by present legislation. An important number of the Member States have made limited use of the exclusions.

(5) 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 they apply or not the exemptions and derogations allowed by present legislation. An important number of the Member States have made limited use of those exemptions and derogations and eight Members States1a have not made any use of them at all and cover seafarers by collective bargaining agreements which provide a certain level of protection. In addition, the entry into force in August 2013 of the ILO Maritime Labour convention is a step in the right direction, guaranteeing an international level playing field with regard to some, but not all, employees' rights. Furthermore, exclusions give rise to unfair competition among Member States which needs to be brought to an end and a level playing field within the Union needs to be ensured.

 

__________________

 

1a Bulgaria, Czech Republic, Spain, France, Austria, Poland, Slovenia and Sweden.

Amendment  5

Proposal for a directive

Recital 7

 

Text proposed by the Commission

Amendment

(7) The Blue Book28 stressed the need for an increase in the number and quality of maritime jobs for European citizens and the importance of improving working conditions on board.

(7) This Directive is fully in line with the Blue Book, which stressed the need for an increase in the number and quality of maritime jobs for European citizens and the importance of improving working conditions on board, inter alia through investment in research, education, training, and health and safety.

_________________

 

28 COM (2007) 575 final of 10 October 2007.

 

Amendment  6

Proposal for a directive

Recital 7 a (new)

Text proposed by the Commission

Amendment

 

(7a) This Directive is also in line with the Europe 2020 strategy and its employment objectives and with the strategy set out by the Commission in its communication, entitled ‘An agenda for new skills and jobs: A European contribution towards full employment’1a.

 

__________________

 

1a COM(2010) 682.

Amendment  7

Proposal for a directive

Recital 7 b (new)

Text proposed by the Commission

Amendment

 

(7b) According to the Commission´s Communication ‘Blue Growth Opportunities for marine and maritime sustainable growth’ the "blue" economy represents about 5,4 million jobs and generates a gross added value of almost EUR 500 billion per year 1a.

 

__________________

 

1a (COM(2012)494).

Amendment  8

Proposal for a directive

Recital 8 a (new)

 

Text proposed by the Commission

Amendment

(8a) 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.

Amendment  9

Proposal for a directive

Recital 9

 

Text proposed by the Commission

Amendment

(9) Having regard to the technological developments of recent years notably as regards communications technology, the information and consultation requirements should be updated.

(9) Having regard to the technological developments of recent years notably as regards communications technology, the information and consultation requirements should be updated and applied in the most appropriate manner, including the use of new technologies for remote communication.

Amendment  10

Proposal for a directive

Recital 10

Text proposed by the Commission

Amendment

(10) The rights of seafarers covered by this Directive, recognised by the Member States in the national legislation implementing Directives 2008/94/EC, 2009/38/EC, 2002/14/EC, 98/59/EC and/or 2001/23/EC should be respected.

(10) The rights of seafarers covered by this Directive, recognised by the Member States in the national legislation implementing Directives 2008/94/EC, 2009/38/EC, 2002/14/EC, 98/59/EC and/or 2001/23/EC should be respected. The transposition of this Directive should not justify any regression regarding the situation which already prevails in a Member State.

Amendment  11

Proposal for a directive

Recital 11 a (new)

 

Text proposed by the Commission

Amendment

(11a) 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.

Amendment  12

Proposal for a directive

Recital 11 b (new)

Text proposed by the Commission

Amendment

 

(11b) The Maritime Labour Convention of 2006 sets out seafarers' rights to decent conditions of work on a wide range of subjects, and provides coherent rights and protection at work for all seafarers, regardless of nationality or vessel flag. The Convention aims to achieve both decent working conditions for seafarers and secure fair competition for ship owners through its global application.

Amendment  13

Proposal for a directive

Recital 11 c (new)

 

Text proposed by the Commission

Amendment

(11c) 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.

Amendment  14

Proposal for a directive

Recital 11 d (new)

 

Text proposed by the Commission

Amendment

(11d) The Union should aim to improve internet-based communications on board ships, by, for example, enhancing the availability of internet, and ensuring reasonable use on board in order to enhance the implementation of Directives 2008/94/EC, 2009/38/EC, 2002/14/EC, 98/59/EC, 2001/23/EC as modified by this Directive.

Amendment  15

Proposal for a directive

Article 2 – point 1 a (new)

Directive 2009/38/EC

Article 10 – paragraph 4 a (new)

 

Text proposed by the Commission

Amendment

 

(1a) In Article 10, the following paragraph is added:

 

4a. 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 Article 6(3) 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.

 

Meetings shall, wherever possible, be scheduled to facilitate the participation of members who are members of the crews of seagoing vessels.

 

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.’

Amendment  16

Proposal for a directive

Article 3 – point 1

Directive 2002/14/EC

Article 3 – paragraph 3

 

Text proposed by the Commission

Amendment

Article 3(3) is replaced by the following:

Article 3(3) is deleted.

‘3. Member States may derogate from this Directive through particular provisions applicable to the crews of vessels plying the high seas, provided that such particular provisions guarantee an equivalent level of protection of the right to information and consultation and its effective exercise by the employees concerned.’

 

Amendment  17

Proposal for a directive

Article 4 – point 1

Directive 98/59/EC

Article 1

 

Text proposed by the Commission

Amendment

(1) Article 1 is amended as follows:

(1) Article 1 is amended as follows:

(a) In paragraph 1, the following point (c) is added:

 

‘(c) ´transfer´ is interpreted in the meaning of Directive 2001/23/EC.’

 

(b) In Article 1(2), point (c) is deleted.

In Article 1(2), point (c) is deleted.

Amendment  18

Proposal for a directive

Article 4 – point 2

Directive 98/59/EC

Article 3 – paragraph 1 – subparagraph 1 a (new)

 

Text proposed by the Commission

Amendment

When the projected collective redundancy concerns members of the crew of a seagoing vessel, the notification shall be made to the competent authority of the State of the flag which the vessel flies.

When 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  19

Proposal for a directive

Article 4 – point 3

Directive 98/59/EC

Article 4 – paragraph 1 a (new)

 

Text proposed by the Commission

Amendment

(3) In Article 4, the following paragraph 1a is inserted:

deleted

‘1a. 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 paragraph 1 in the following circumstances:

 

(a) the object of the transfer consists exclusively of one or more seagoing vessels,

 

(b) the employer only operates one seagoing vessel.’

 

Amendment  20

Proposal for a directive

Article 5 – point 1

Directive 2001/23/EC

Article 1 – paragraph 2

 

Text proposed by the Commission

Amendment

(1) Paragraph 2 is replaced by the following:

deleted

‘2. This Directive shall apply, without prejudice to paragraph 3, where and insofar as the undertaking, business or part of the undertaking or business to be transferred is situated within the territorial scope of the Treaty.’

 

Amendment  21

Proposal for a directive

Article 5 – point 2

Directive 2001/23/EC

Article 1 – paragraph 3

 

Text proposed by the Commission

Amendment

3. This Directive shall apply to the transfer of a seagoing vessel registered in and/or flying the flag of a Member State and constituting an undertaking, business or part of an undertaking or business for the purposes of this Directive, even when it is not situated within the territorial scope of the Treaty.

3. 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 within the meaning of paragraphs 1 and 2, 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.

Amendment  22

Proposal for a directive

Article 5 – point 3

Directive 2001/23/EC

Article 1 – paragraph 4

 

Text proposed by the Commission

Amendment

3) The following paragraph 4 is added:

deleted

‘4. Member States may, after consulting the social partners, provide that Chapter II of this Directive does not apply in the following circumstances:

 

a) the object of the transfer consists exclusively of one or more seagoing vessels,

 

b) the undertaking or business to be transferred operates only one seagoing vessel.’

 

Amendment  23

Proposal for a directive

Article 8 – paragraph 1 – subparagraph 1

Text proposed by the Commission

Amendment

1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive no later than 5 years after the date of entry into force of this Directive. The Member States shall immediately communicate to the Commission the text of those provisions.

1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive no later than two years after the date of entry into force of this Directive. The Member States shall immediately communicate to the Commission the text of those provisions.

(1)

OJ C 226, 16.7.2014, p. 35.

(2)

OJ C 174, 7.6.2014, p. 50.


EXPLANATORY STATEMENT

This Commission proposal seeks 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. This involves amending the five existing directives from whose scope seafarers are or may be excluded. The Commission draws attention to the fact that the exclusions applying to seafarers in the five directives was not provided for in the Commission’s initial proposals but were the outcome of negotiations with the other partners.

The five directives are: Directive 2008/94/EC relating to the protection of employees in the event of the insolvency of their employer; Directive 2009/38/EC on the establishment of a European Works Council; Directive 2002/14/EC establishing a general framework for informing and consulting employees; Directive 98/59/EC on the approximation of the laws of the Member States relating to collective redundancies; and Directive 2001/23/EC relating to the safeguarding of employees’ rights in the event of transfers of undertakings.

A draft report on this proposal was rejected by the Committee on Employment and Social Affairs at the end of the last parliamentary term. This was largely due to the fact that the draft report was drawn up in a great hurry because of a lack of time.

The situation has changed since then, however, as a vital agreement on the Commission proposal was reached by the main EU-level social partners a few weeks ago. The rapporteur warmly welcomes the progress brought by that agreement, which puts an end to a situation in which seafarers were discriminated against and to unfair competition between those Member States which wished to improve working conditions and therefore did not apply the exclusions, or applied very few, and those which applied them all. She also welcomes the balance that the social partners have struck between better worker protection and maintaining the competitiveness of the maritime sector, which is of key importance to the EU’s future.

The rapporteur would like to thank the social partners for their joint efforts, which will make the maritime sector, which has lost some of its pulling power in recent years, more attractive. Better working conditions for seafarers will give the sector a boost and will help to achieve the goal set in the Commission's Blue Paper of 10 October 2007 of increasing the number of workers in the maritime and fisheries sector and improving their working conditions (the former cannot be achieved without the latter).

The rapporteur would also draw attention to the work carried out with the shadow rapporteurs of all the political groups in the Committee on Employment and Social Affairs. She would like to thank them for putting forward their positions and thus enabling her to take the greatest possible account of the different views held within the committee in her draft report.

On the above basis, the rapporteur would ask you to endorse this report.


OPINION of the Committee on Fisheries (02.03.2015)

for the Committee on Employment

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

(COM(2013)0798 – C7‑0409/2013 – 2013/0390(COD))

Rapporteur: Liadh Ní Riada

SHORT JUSTIFICATION

The Committee on Fisheries:

-       welcomes the Commission proposal, submitted on 19 November 2013, for a directive aiming to enhance the rights of seafarers by amending five directives relating to employees’ rights in order to bring seafarers within their scope;

-       welcomes this attempt to create a true level playing field for those affected by the existing derogations and notes that as well as the full application to seafarers of the relevant directives, seafarers should be afforded all the same rights as shore-based employees in terms of equal pay for equal work, irrespective of nationality, place of residence, race, gender, sexual orientation, disability or age;

-       calls on the Commission, as it attempts to make working conditions in this sector more appealing, in line with the new agenda for jobs and growth, to encourage and provide incentivises to young people to take up professions in the maritime and fisheries sectors in order to reverse the current decline in the numbers of young Union citizens entering certain maritime professions, and retain skilled workers;

-       stresses that employment law should apply to everyone, regardless of their work place; calls on the Commission and the Member States to guarantee decent wages and pensions to all seafarers, irrespective of their nationality or place of residence;

-       calls for any provisions establishing better working and social conditions to be accompanied by investment in training, research, education, the promotion of health and safety, entrepreneurship and innovation in order to address the shortage of seafaring employees in the Union;

-       asks the Commission to encourage all Member States to ratify the ILO maritime labour convention(1) with regard to their European and non-European territories;

-       emphasises the importance and potential of maritime clusters and urges the Commission to research and harness their potential by providing employment, boosting the sector and rejuvenating rural communities;

-       stresses the need for transparent and systematic data collection in the fisheries and maritime sector and encourages the Commission to put forward feasible but ambitious timelines for the studies referred to in its impact assessment; notes the need for the establishment of an official database to ensure the collection of appropriate and reliable data at a Union level;

-       calls on the Commission to ensure legal certainty regarding contracts and contractual relations and asks the Commission to monitor social dumping in the fisheries and maritime sector;

-       welcomes the progressive working relationship between the social partners European Transport Workers’ federation and the European Shipowners’ Community Associations and asks the Commission to take into account the views of those directly involved in the fisheries and maritime sector;

-       stresses that there may be concerns relating to a 'one-size fits all' approach; welcomes the exclusion of micro-enterprises and invites the Commission to report back on any outstanding issues following the successful implementation of the amendments to the five directives relating to employees’ rights that are the subject of amendment;

-       notes that small and family-run enterprises may require additional support to adapt to changing regulation and calls on the Commission to facilitate this transition;

-       notes that, despite the enormous strides made in terms of on-board technology on ships, some smaller enterprises may be in need of upgrades to enable them to fulfil the new guidelines; calls on the Commission to facilitate the introduction of such upgrades;

-       emphasises the importance of rejuvenating the fisheries and maritime sector, and while welcoming this important development in employment law, stresses that much more needs to be done in order to ensure the future of that sector in the Union.

AMENDMENTS

The Committee on Fisheries calls on the Committee on Employment, as the committee responsible, to take into account the following amendments:

Amendment  1

Proposal for a directive

Recital 1

Text proposed by the Commission

Amendment

(1) Under Article 153 of the Treaty on the Functioning of the European Union (TFEU), the European Parliament and the Council may, in accordance with the ordinary legislative procedure, adopt, by means of directives, minimum requirements for gradual implementation aiming at improving working conditions, the protection of workers where their employment contract is terminated, information and consultation of workers and the working environment to protect workers’ health and safety. Such directives must avoid imposing administrative, financial and legal constraints in a way that would hold back the creation and development of small and medium-sized undertakings.

(1) Under Article 153 of the Treaty on the Functioning of the European Union (TFEU), the European Parliament and the Council may, in accordance with the ordinary legislative procedure, adopt, by means of directives, minimum requirements for gradual implementation aiming at improving working conditions, the protection of workers where their employment contract is terminated, information and consultation of workers and the working environment to protect workers’ health and safety. Such directives must avoid imposing administrative, financial and legal constraints in a way that would hold back the creation and development of small and medium-sized undertakings, as the main architects of job creation in the Union.

Amendment  2

Proposal for a directive

Recital 2 a (new)

Text proposed by the Commission

Amendment

 

(2a) The 2006 Commission Green Paper entitled ‘Towards a future maritime policy for the Union’ already underlined the importance of establishing an integrated legal framework in order to make the sector more competitive.

Amendment  3

Proposal for a directive

Recital 3

Text proposed by the Commission

Amendment

(3) Insofar the existence and/or possibility of introducing exclusions is not justified on objective grounds, they should be suppressed.

(3) Insofar the existence and/or possibility of introducing exclusions is not justified on objective grounds, they should be suppressed, in order to guarantee equal rights for all workers and to avoid any situations involving unfair competition and social dumping.

Amendment  4

Proposal for a directive

Recital 3 a (new)

Text proposed by the Commission

Amendment

 

(3a) Excluding seafarers from directives regulating workers’ rights could give rise to unequal treatment and unfair competition between Member States.

Amendment  5

Proposal for a directive

Recital 3 b (new)

Text proposed by the Commission

Amendment

 

(3b) The same rights should be guaranteed for seafarers as for shore-based workers, and they should be afforded equal pay for equal work without distinction of any kind. Maritime clusters should also be promoted, while encouraging the integration of young people in the maritime and fisheries sector.

Amendment  6

Proposal for a directive

Recital 5

Text proposed by the Commission

Amendment

(5) The present legal situation gives rise to unequal treatment of the same category of workers by different Member States, according to whether they apply or not the exemptions and derogations allowed by present legislation. An important number of the Member States have made limited use of the exclusions.

(5) The present legal situation gives rise to unequal treatment of the same category of workers by different Member States, according to whether they apply or not the exemptions and derogations allowed by present legislation. An important number of the Member States have made limited use of the exclusions, whilst only eight Member States have not made any use of them, something that is giving rise to inequalities among seafarers in the Union.

Amendment  7

Proposal for a directive

Recital 5 a (new)

Text proposed by the Commission

Amendment

 

(5a) Improving working conditions for seafarers entails taking account of the specific features of each sector, such as the artisanal and inshore sector, where multisectoral action is necessary.

Amendment  8

Proposal for a directive

Recital 5 b (new)

Text proposed by the Commission

Amendment

 

(5b) Taking account of the specific features of each sector, such as the artisanal and inshore sector, training in all sectors should be encouraged, with more flexible measures where experience or practice can provide the basis for course recognition, with encouragement being given to studying and the acquisition of skills geared to each sector.

Amendment  9

Proposal for a directive

Recital 6

Text proposed by the Commission

Amendment

(6) On 10 October 2007 the Commission presented its vision for an Integrated Maritime Policy for the European Union, the ‘Blue Book’27. This vision recognises that all matters relating to Europe’s oceans and seas are interlinked, and that sea-related policies must develop in a joined-up way if they are to reap the desired results.

(6) This Directive is in line with the Europe 2020 Strategy. Moreover, on 10 October 2007 the Commission presented its vision for an Integrated Maritime Policy for the European Union, the ‘Blue Book’27. This vision recognises that all matters relating to Europe’s oceans and seas are interlinked, and that sea-related policies must develop in a joined-up way if they are to reap the desired results.

__________________

__________________

27 COM (2007) 575 final of 10 October 2007.

27 COM(2007) 575 final of 10 October 2007.

Amendment  10

Proposal for a directive

Recital 7

Text proposed by the Commission

Amendment

(7) The Blue Book28 stressed the need for an increase in the number and quality of maritime jobs for European citizens and the importance of improving working conditions on board.

(7) The Blue Book28 stresses the need for an increase in the number and quality of maritime jobs for European citizens and the importance of improving working conditions on board, inter alia through investment in research, education, training, health and safety. This Directive addresses both of those issues.

__________________

__________________

28 COM (2007) 575 final of 10 October 2007.

28 COM(2007) 575 final of 10 October 2007.

Amendment  11

Proposal for a directive

Recital 7 a (new)

Text proposed by the Commission

Amendment

 

(7a) This Directive is compatible with the Europe 2020 Strategy and with the Commission’s Agenda for new skills and jobs: a European contribution towards full employment. It should nevertheless be borne in mind that working at sea is not an attractive proposition for young people. Consequently, the Commission should draw up an agenda setting out incentives that will encourage them to join the sector.

Amendment  12

Proposal for a directive

Recital 10a (new)

Text proposed by the Commission

Amendment

 

(10a) Although the extension of the application of those directives to seafarers represents positive progress, this is a first stage as it will still be necessary to transpose into Union law the STCW-F Convention and ILO Convention No 188 on work in fishing, as has already been done for people working in the maritime transport sector. 

Amendment  13

Proposal for a directive

Recital 10 b (new)

Text proposed by the Commission

Amendment

 

(10b) The implementation of this Directive should not entail any increase in the bureaucratic burden for SMEs and micro-enterprises in the sector.

Amendment  14

Proposal for a directive

Recital 12 a (new)

Text proposed by the Commission

Amendment

 

(12a) As a matter of urgency, the Commission should revert back to the proposal for a directive on seafarers’ working conditions that was withdrawn in 2004, in order to give special attention to the situation in this sector. The various laws of the flags lead to social dumping and competition between workers that cannot be legally resolved by the Posting of Workers Directive,

Amendment  15

Proposal for a directive

Article 2 – paragraph 1 – subparagraph 1 a (new)

Directive 2009/38/EC

Article 6 – paragraph 2 – point d a (new)

 

Text proposed by the Commission

Amendment

 

In Article 6(2), the following point is inserted:

 

‘(da) With regard to seafarers who are members of European Works Councils or special negotiating bodies, the agreement shall take account of the constraints arising from their frequent absences at sea or in ports in a country other than the one where their undertaking is based.’.

Amendment  16

Proposal for a directive

Article 3 – paragraph 1 – subparagraph 1 a (new)

Directive 2002/14/EC

Article 4 – paragraph 4 a (new)

 

Text proposed by the Commission

Amendment

 

In Article 4, the following paragraph is added:

 

‘4a. Member States shall ensure that it is possible to provide members of a crew with information or to consult with them at a distance by means of electronic communication.’.

Amendment  17

Proposal for a directive

Article 4 – paragraph 1 – point 3 a (new)

Directive 98/59/EC

Article 4 – paragraph 4 a (new)

 

Text proposed by the Commission

Amendment

 

(3a) In Article 4, the following paragraph is added:

 

‘4a. Any provisions in national law or in collective agreements in relation to collective redundancies of members of crews shall not be affected by this Directive, provided that they guarantee at least the same degree of protection as this Directive.’.

Amendment  18

Proposal for a directive

Article 8 – paragraph 1 – subparagraph 1

Text proposed by the Commission

Amendment

1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive no later than 5 years after the date of entry into force of this Directive. The Member States shall immediately communicate to the Commission the text of those provisions.

1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive no later than two years after the date of entry into force of this Directive. The Member States shall immediately communicate to the Commission the text of those provisions.

PROCEDURE

Title

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

References

COM(2013)0798 – C7-0409/2013 – 2013/0390(COD)

Committee responsible

       Date announced in plenary

EMPL

21.11.2013

 

 

 

Opinion by

       Date announced in plenary

PECH

21.11.2013

Rapporteur

       Date appointed

Liadh Ní Riada

4.9.2014

Discussed in committee

5.11.2014

4.12.2014

21.1.2015

 

Date adopted

24.2.2015

 

 

 

Result of final vote

+:

–:

0:

23

1

0

Members present for the final vote

Marco Affronte, Clara Eugenia Aguilera García, Renata Briano, Alain Cadec, Richard Corbett, Diane Dodds, Linnéa Engström, João Ferreira, Raymond Finch, Ian Hudghton, Carlos Iturgaiz, Werner Kuhn, António Marinho e Pinto, Gabriel Mato, Norica Nicolai, Liadh Ní Riada, Ulrike Rodust, Remo Sernagiotto, Ricardo Serrão Santos, Isabelle Thomas, Ruža Tomašić, Jarosław Wałęsa

Substitutes present for the final vote

José Blanco López, Ole Christensen, Sylvie Goddyn, Marek Józef Gróbarczyk, Verónica Lope Fontagné

(1)

             The International Labour Organisation's Maritime Labour Convention, 2006.


PROCEDURE

Title

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

References

COM(2013)0798 – C7-0409/2013 – 2013/0390(COD)

Date submitted to Parliament

18.11.2013

 

 

 

Committee responsible

       Date announced in plenary

EMPL

21.11.2013

 

 

 

Committees asked for opinions

       Date announced in plenary

TRAN

21.11.2013

PECH

21.11.2013

 

 

Not delivering opinions

       Date of decision

TRAN

16.7.2014

 

 

 

Rapporteurs

       Date appointed

Elisabeth Morin-Chartier

17.9.2014

 

 

 

Discussed in committee

2.12.2014

22.1.2015

26.2.2015

 

Date adopted

1.4.2015

 

 

 

Result of final vote

+:

–:

0:

47

5

0

Members present for the final vote

Laura Agea, Guillaume Balas, Brando Benifei, Enrique Calvet Chambon, Martina Dlabajová, Arne Gericke, Marian Harkin, Danuta Jazłowiecka, Agnes Jongerius, Rina Ronja Kari, Jan Keller, Ádám Kósa, Agnieszka Kozłowska-Rajewicz, Zdzisław Krasnodębski, Jean Lambert, Jérôme Lavrilleux, Patrick Le Hyaric, Jeroen Lenaers, Verónica Lope Fontagné, Javi López, Thomas Mann, Dominique Martin, Anthea McIntyre, Joëlle Mélin, Elisabeth Morin-Chartier, Emilian Pavel, Georgi Pirinski, Terry Reintke, Sofia Ribeiro, Maria João Rodrigues, Claude Rolin, Anne Sander, Sven Schulze, Siôn Simon, Jutta Steinruck, Romana Tomc, Yana Toom, Ulrike Trebesius, Marita Ulvskog, Renate Weber, Tatjana Ždanoka, Jana Žitňanská, Inês Cristina Zuber

Substitutes present for the final vote

Daniela Aiuto, Georges Bach, Elmar Brok, Sergio Gutiérrez Prieto, Neoklis Sylikiotis, Ivo Vajgl

Substitutes under Rule 200(2) present for the final vote

Eleonora Evi, Jens Nilsson, Massimo Paolucci

Date tabled

9.4.2015

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