REPORT on the proposal for a Council decision authorising Member States to ratify, in the interests of the European Community, the Work in Fishing Convention, 2007, of the International Labour Organisation (Convention 188)
6.11.2008 - (COM(2008)0320 – C6‑0218/2008 – 2008/0107(CNS)) - *
Committee on Employment and Social Affairs
Rapporteur: Ilda Figueiredo
DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION
on the proposal for a Council decision authorising Member States to ratify, in the interests of the European Community, the Work in Fishing Convention, 2007, of the International Labour Organisation (Convention 188)
(COM(2008)0320 – C6‑0218/2008 – 2008/0107(CNS))
(Consultation procedure)
The European Parliament,
– having regard to the proposal for a Council decision (COM(2008)0320)[1],
– having regard to Convention No 188 of the International Labour Organisation on work in the fishing sector, adopted on 14 June 2007[2],
– having regard to Article 42 and to Article 300(2), first subparagraph, of the EC Treaty,
– having regard to Article 300(3), first subparagraph, of the EC Treaty, pursuant to which the Council consulted Parliament (C6‑0218/2008),
– having regard to Rules 51 and 83(7) 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 (A6‑0423/2008),
1. Approves the proposal for a Council decision;
2. Urges all EU Member States to proceed rapidly to ratification of the Convention and put its content into effect in advance of completion of the ratification process;
3. Instructs its President to forward its position to the Council and the Commission, and the governments and parliaments of the Member States.
EXPLANATORY STATEMENT
Grounds for and objectives of the proposal
In the section setting out the grounds for the proposal, the Commission refers to the importance of ensuring the implementation of Convention No 188, which requires its ratification by the various member States.
Convention No.188 on work in the fishing sector of the International Labour Organisation (hereinafter called the ILO) was adopted in June 2007 by the ninety-sixth session of the International Labour Conference.
The adoption of Convention 188 became necessary after the adoption of the ILO consolidated Maritime Labour Convention (hereinafter called 'the MLC') in February 2006. The MLC excluded the fishing sector from its scope of application.
In 2003, the ILO Office and the ILO tripartite constituents (governments, employers, workers) began working in 2003 on an updated and comprehensive international labour standard for the fishing sector that would provide appropriate protection for fishers around the globe, in view of the special nature of the sector and the specific living and working conditions of fishermen, which call for special protection.
Convention 188 is aimed at establishing minimum international standards for the fishing sector. Therefore it revises the Minimum Age (Fishermen) Convention, 1959 (No. 112), the Medical Examination (Fishermen) Convention, 1959 (No. 113), the Fishermen's Articles of Agreement Convention, 1959 (No. 114), and the Accommodation of Crews (Fishermen) Convention, 1966 (No. 126); it also covers other important issues such as health and safety at work, manning and hours of rest, crew list, repatriation, recruitment and placement and social security.
Convention 188 is accompanied by Recommendation 199 on work in the fishing sector, which was adopted by the International Labour Conference of June 2007.
The ultimate aim of the 2007 Convention is to achieve and maintain a level playing field in the fishing sector by fostering the promotion of decent living and working conditions for fishers and fairer conditions of competition in the world and thereby to remedy the low rate of ratification of many conventions in the field of maritime labour.
The Convention sets out nine separate groups of standards: (I) definitions and scope, (II) general principles, (III) minimum requirements for work on board fishing vessels, (IV) conditions of service, (V) accommodation and food, (VI) medical care, health protection and social security, (VII) compliance and enforcement, (VIII) amendment of the Annexes I, II and III and (IX) Final provisions.
The adoption of the ILO Convention on work in the fishing sector – which has long been awaited by those working in the sector – represents a step forward in establishing dignified working conditions for professionals in this important strategic sector in that it covers a variety of aspects of professional activity, namely improved installations and safety conditions at work, pay, medical care at sea and on land, rest periods, work contracts and social security. Trade unions and other professional organisations in the sector are therefore in favour of its early ratification even if these standards are already applied in some countries. What matters is that minimum standards applicable to all are universally applied, without prejudice to the existence of standards that are more favourable to workers in the Member States.
The rapporteur therefore endorses the Commission proposal, which advocates that the Council authorise Member States to ratify the 2007 Convention on work in the fishing sector (No 188) of the International Labour Organisation, as regards those parts which come under the Community's jurisdiction.
Moreover, in view of its importance, the rapporteur calls for every possible effort to be made to ensure that the various Member States swiftly ratify the Convention (preferably before 2012, as suggest by the Commission). Attention is drawn to the fact that the Convention will enter into force once it has been ratified by ten of the 180 ILO member countries (eight of which must be coastal states).
OPINION of the Committee on Fisheries (15.10.2008)
for the Committee on Employment and Social Affairs
on the proposal for a Council decision authorising Member States to ratify, in the interests of the European Community, the Work in Fishing Convention, 2007, of the International Labour Organisation (Convention 188)
(COM(2008)0320 – C6‑0218/2008 – 2008/0107(CNS))
Rapporteur: Willy Meyer Pleite
SHORT JUSTIFICATION
The adoption of Convention 188 on work in fishing, drawn up by the International Labour Organisation, is aimed at establishing minimum international standards for the fishing sector in areas such as health and safety at work, regulating the conditions to be met by vessels, hours of rest, crew lists, repatriation, recruitment, social security, checks on activities and conditions on board, etc.
The fishing sector is currently recognised by the ILO as being one of the most dangerous areas of work, with around 24 000 fatal accidents each year, according to the ILO's own data. Workers in the fishing sector face serious levels of exploitation and lack of protection which have a direct impact on the number and severity of the accidents that occur.
The current rules, such as Council Directive 93/104/EC on the organisation of working time, amended by Directive 2000/34/EC of the European Parliament and the Council, do not ensure the correct organisation of working time or the necessary rest time. Similarly, the consolidated ILO Maritime Labour Convention, adopted in February 2006, excluded the fishing sector from its scope of application. The adoption of Convention 188, accompanied by Recommendation 199 on work in the fishing sector, is thus a necessary step that is greatly anticipated across the fishing sector. Many international legal instruments aimed at regulating partial aspects of the fishing sector, such as the Torremolinos Convention or the International Convention on standards of training, certification and watchkeeping for fishing vessel personnel, have not come into force owing to an insufficient number of ratifications.
It is important to promote the application of these international instruments, and ratification of Convention 188 represents a contribution from the EU and its Member States to efforts to promote decent work for all. Guaranteeing its application requires action on the part of the Member States; consequently, and given that Convention 188 will enter into force once it has been ratified by at least eight countries, it is to be hoped that the Member States of the European Union will ratify it without delay.
AMENDMENTS
The Committee on Fisheries calls on the Committee on Employment and Social Affairs, as the committee responsible, to incorporate the following amendment in its report:
Amendment 1 Draft legislative resolution Paragraph 1 a (new) | |
Draft Legislative Resolution |
Amendment |
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1a. Urges all EU Member States to proceed rapidly to ratification of the Convention and put its content into effect in advance of completion of the ratification process; |
PROCEDURE
Title |
Authorisation to ratify the Work in Fishing Convention, 2007, of the International Labour Organisation (Convention 188) |
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References |
COM(2008)0320 – C6-0218/2008 – 2008/0107(CNS) |
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Committee responsible |
EMPL |
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Opinion by Date announced in plenary |
PECH 19.6.2008 |
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Drafts(wo)man Date appointed |
Willy Meyer Pleite 26.6.2008 |
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Date adopted |
7.10.2008 |
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Result of final vote |
+: –: 0: |
15 1 0 |
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Members present for the final vote |
Elspeth Attwooll, Iles Braghetto, Paulo Casaca, Zdzisław Kazimierz Chmielewski, Emanuel Jardim Fernandes, Carmen Fraga Estévez, Pedro Guerreiro, Heinz Kindermann, Rosa Miguélez Ramos, Marianne Mikko, Philippe Morillon, Seán Ó Neachtain, Maria Grazia Pagano, Struan Stevenson, Catherine Stihler, Margie Sudre, Daniel Varela Suanzes-Carpegna |
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Substitute(s) present for the final vote |
Vincenzo Aita, Ole Christensen, Constantin Dumitriu, María Isabel Salinas García, Thomas Wise |
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PROCEDURE
Title |
Authorisation to ratify the Work in Fishing Convention, 2007, of the International Labour Organisation (Convention 188) |
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References |
COM(2008)0320 – C6-0218/2008 – 2008/0107(CNS) |
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Date of consulting Parliament |
28.5.2008 |
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Committee responsible Date announced in plenary |
EMPL 19.6.2008 |
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Committee(s) asked for opinion(s) Date announced in plenary |
PECH 19.6.2008 |
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Rapporteur(s) Date appointed |
Ilda Figueiredo 24.6.2008 |
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Discussed in committee |
7.10.2008 |
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Date adopted |
5.11.2008 |
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Result of final vote |
+: –: 0: |
43 1 0 |
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Members present for the final vote |
Jan Andersson, Iles Braghetto, Philip Bushill-Matthews, Alejandro Cercas, Ole Christensen, Derek Roland Clark, Luigi Cocilovo, Jean Louis Cottigny, Jan Cremers, Proinsias De Rossa, Harald Ettl, Richard Falbr, Carlo Fatuzzo, Ilda Figueiredo, Joel Hasse Ferreira, Stephen Hughes, Karin Jöns, Sajjad Karim, Jean Lambert, Bernard Lehideux, Elizabeth Lynne, Thomas Mann, Jan Tadeusz Masiel, Elisabeth Morin, Juan Andrés Naranjo Escobar, Csaba Őry, Siiri Oviir, Marie Panayotopoulos-Cassiotou, Pier Antonio Panzeri, Elisabeth Schroedter, José Albino Silva Peneda, Jean Spautz, Gabriele Stauner, Ewa Tomaszewska, Anne Van Lancker, Gabriele Zimmer |
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Substitute(s) present for the final vote |
Françoise Castex, Gabriela Creţu, Anna Ibrisagic, Rumiana Jeleva, Claude Turmes |
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Substitute(s) under Rule 178(2) present for the final vote |
Giles Chichester, Viktória Mohácsi, Silvia-Adriana Ţicău |
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