REPORT on the proposal for a directive of the European Parliament and of the Council concerning flag State responsibilities for the enforcement of Council Directive 2009/13/EC implementing the Agreement concluded by the European Community Shipowners’ Associations (ECSA) and the European Transport Workers’ Federation (ETF) on the Maritime Labour Convention, 2006, and amending Directive 1999/63/EC

31.1.2013 - (COM(2012)0134 – C7‑0083/2012 – 2012/0065(COD)) - ***I

Committee on Employment and Social Affairs
Rapporteur: Pervenche Berès


Procedure : 2012/0065(COD)
Document stages in plenary
Document selected :  
A7-0037/2013

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

on the proposal for a directive of the European Parliament and of the Council concerning flag State responsibilities for the enforcement of Council Directive 2009/13/EC implementing the Agreement concluded by the European Community Shipowners’ Associations (ECSA) and the European Transport Workers’ Federation (ETF) on the Maritime Labour Convention, 2006, and amending Directive 1999/63/EC

(COM(2012)0134 – C7‑0083/2012 – 2012/0065(COD))

(Ordinary legislative procedure: first reading)

The European Parliament,

–   having regard to the Commission proposal to Parliament and the Council (COM(2012)0134),

–   having regard to Article 294(2) and Article 100(2) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7‑0083/2012),

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

–   having regard to the opinion of the European Economic and Social Committee of 11 July 2012[1],

–   having regard to Rule 55 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 Transport (A7-0037/2013),

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 10

Text proposed by the Commission

Amendment

(10) Although Directive 2009/21/EC governs the flag State responsibilities by incorporating the IMO's flag State audit scheme into Union law and by introducing the certification of quality of national maritime authorities; a separate directive covering the maritime labour standards is deemed more appropriate and clearer to reflect the different purposes and procedures,

(10) Although Directive 2009/21/EC governs the flag State responsibilities by incorporating the IMO's flag State audit scheme into Union law and by introducing the certification of quality of national maritime authorities; a separate directive covering the maritime labour standards is deemed more appropriate and clearer to reflect the different purposes and procedures. Therefore, Directive 2009/21/EC, the provisions of which apply only to IMO Conventions, should not be affected by the present Directive. In any case, Member States should continue to be able to develop, implement and maintain a quality management system for the operational parts of the flag State-related activities of its maritime administration falling within the scope of this Directive.

Amendment  2

Proposal for a directive

Recital 11

Text proposed by the Commission

Amendment

(11) Directive 2009/13/EC applies to seafarers on board ships flying the flag of a Member State. Member States should therefore monitor compliance with all the provisions of that Directive by ships flying their flag.

(11) Directive 2009/13/EC applies to seafarers on board ships flying the flag of a Member State. Member States should ensure the effective discharge of their obligations as flag States with respect to the implementation of the relevant parts of MLC 2006 which correspond to the elements as set out in the Annex to that Directive concerning ships flying their flag. In establishing an effective system for monitoring mechanisms, including inspections, a Member State could grant authorisation to public institutions or other organisations within the meaning of MLC 2006.

Amendment  3

Proposal for a directive

Recital 13 a (new)

Text proposed by the Commission

Amendment

 

(13a) Under no circumstances should the application and/or interpretation of this Directive lead to a reduction in the level of protection currently enjoyed by workers under Union legislation.

Justification

While minimum international standards are highly desirable, they should not be used to undermine the level of protection currently enjoyed by European seafarers. This is particularly important given the objective of encouraging more European citizens to take up maritime careers

Amendment  4

Proposal for a directive

Article 1

Text proposed by the Commission

Amendment

This Directive lays down rules to ensure that Member States effectively discharge their obligations as flag States to monitor compliance of ships flying their flag with Directive 2009/13/EC. This Directive is without prejudice to Directive 2009/21/EC of the European Parliament and of the Council.

This Directive lays down rules to ensure that Member States effectively discharge their obligations as flag States to monitor compliance of ships flying their flag with Directive 2009/13/EC and the Social Partners Agreement annexed thereto. This Directive is without prejudice to Directive 2009/21/EC1.

 

_____________

 

1 OJ L131, 28.5.2009, p. 132.

Justification

For emphasis on the Social Partners Agreement, it is added into “Definitions” in Article 2 so that it does not have to be referred to every time when Directive 2009/13/EC is mentioned.

Amendment  5

Proposal for a directive

Article 2 – point b a (new)

Text proposed by the Commission

Amendment

Definitions

Definitions

 

(ba) “Directive 2009/13/EC” means that Directive and the Social Partners Agreement annexed thereto;

Justification

Technically the Social Partners Agreement is annexed to the Directive 2009/13/EC (and not part of it), so it should be referred to here as it contains the substance of the MLC which is being transposed into EU law.

Amendment  6

Proposal for a directive

Article 2 – point b b (new)

Text proposed by the Commission

Amendment

 

(bb) “maritime labour certificate”, “interim maritime labour certificate” and “declaration of maritime labour compliance” mean respectively the documents referred to in Standard A5.1.3, paragraph 9 of the Maritime Labour Convention, 2006 drawn up in the form corresponding to the models given in Appendix A5-II of that Convention;

Justification

Giving a definition of these certificates is necessary as they will be referred to in amendments proposed for this Directive.

Amendment  7

Proposal for a directive

Article 3 – title

Text proposed by the Commission

Amendment

Compliance monitoring

Compliance monitoring and certification

Amendment  8

Proposal for a directive

Article 3 – paragraph -1 (new)

Text proposed by the Commission

Amendment

 

-1. Each Member State shall ensure the enforcement of the obligations set out in Directive 2009/13/EC on ships that fly its flag.

Justification

To comply with MLC, Regulation 5.1.1, paragraph 1.

Amendment  9

Proposal for a directive

Article 3 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

 

1a. In establishing an effective system for the inspection and certification of maritime labour conditions, Member States may, where appropriate, authorise public institutions or other organisations (including those of another Member State, if the latter agrees) which they recognise to be competent and independent to carry out inspections or to issue certificates or to do both. In all cases, Member States shall remain fully responsible for the inspection and certification of the working and living conditions of the seafarers concerned on ships that fly its flag.

Justification

To comply with MLC, Regulation 5.1.1, paragraph 3.

Amendment  10

Proposal for a directive

Article 3 – paragraph 1 b (new)

Text proposed by the Commission

Amendment

 

1b. Each Member State shall establish an effective system for the inspection and certification of maritime labour conditions, in accordance with Regulations 5.1.3 and 5.1.4 and Standards A5.1.3 and A5.14 of the Maritime Labour Convention, ensuring that the working and living conditions for seafarers on ships flying its flag meet, and continue to meet, the standards in that Convention.

Justification

The details regarding the issue, inspection, and enforcement of maritime labour certificates and declarations of maritime labour compliance are set out in Standards A5.1.3 and A5.1.4, and these should therefore be explicitly mentioned here.

Amendment  11

Proposal for a directive

Article 3 – paragraph 1 c (new)

Text proposed by the Commission

Amendment

 

1c. A maritime labour certificate, complemented by a declaration of maritime labour compliance, shall constitute prima facie evidence that the ship has been duly inspected by the Member State whose flag it flies and that the requirements of Directive 2009/13/EC relating to working and living conditions of the seafarers have been met to the extent certified.

Justification

To comply with MLC, Regulation 5.1.1, paragraph 4.

Amendment  12

Proposal for a directive

Article 3 – paragraph 1 d (new)

Text proposed by the Commission

Amendment

 

1d. Information about the system referred to in paragraph 1b of this Article, including the method used for assessing its effectiveness, shall be included in the Member States reports to the International Labour Office pursuant to Article 22 of the Constitution of that Office.

Justification

Reflecting the Maritime Labour Convention, Regulation 5.1.1, paragraph 5;

Amendment  13

Proposal for a directive

Article 3 – paragraph 1 e (new)

Text proposed by the Commission

Amendment

 

1e. Each Member State shall establish clear objectives and standards covering the administration of its inspection and certification systems, as well as adequate overall procedures for its assessment of the extent to which those objectives and standards are being attained.

Justification

To comply with MLC, Regulation 5.1.1, paragraph 5.

Amendment  14

Proposal for a directive

Article 3 – paragraph 1 f (new)

Text proposed by the Commission

Amendment

 

1f. Each Member State shall require all ships that fly its flag to have a copy of Directive 2009/13/EC and the Social Partners Agreement annexed thereto available on board.

Justification

To comply with MLC, Standard A5.1.1, paragraph 2.

Amendment  15

Proposal for a directive

Article 3 – paragraph 1 g (new)

Text proposed by the Commission

Amendment

 

1g. The interval between inspections shall not exceed three years.

Amendment  16

Proposal for a directive

Article 4 – title

Text proposed by the Commission

Amendment

Staff in charge of compliance monitoring

Recognised organisations and their staff in charge of compliance monitoring

Amendment  17

Proposal for a directive

Article 4 – paragraph 1

Text proposed by the Commission

Amendment

Member States shall ensure that staff in charge of verifying the proper implementation of Directive 2009/13/EC has the training, competence, terms of reference, powers, status and independence necessary or desirable so as to enable them to carry out that verification and ensure compliance with that Directive.

1. A Member State shall ensure that the institutions or other organisations (“recognized organisations”) referred to in Article 3(1a) and those members of their staff in charge of verifying the proper implementation of Directive 2009/13/EC have the training, competence, terms of reference, powers, status and independence necessary or desirable so as to enable them to carry out that verification and ensure compliance with that Directive. The inspection or certification functions which the recognised organisations may be authorised to carry out shall come within the scope of the activities that are expressly referred to in paragraphs 1b to 1d as carried out by the Member State or a recognised organisation.

Justification

To comply with MLC, Regulation 5.1.2, paragraph 1.

Amendment  18

Proposal for a directive

Article 4 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

 

1a. The European Maritime Safety Agency (EMSA) may assist Member States in the supervision of recognised organisations performing certification tasks on their behalf in accordance with Article 9 of Directive 2009/15/EC, without prejudice to the rights and obligations of flag States.

Justification

Given that the Agency already helps the Commission to supervise recognised organisations, allowing it likewise to assist Member States would result in efficiency gains and reduce the strain on Member States’ budgets.

Amendment  19

Proposal for a directive

Article 4 – paragraph 1 b (new)

Text proposed by the Commission

Amendment

 

1b. Any authorisations granted with respect to inspections shall, as a minimum, empower the recognised organisation to require the deficiencies that it identifies in seafarers’ working and living conditions to be rectified and to carry out inspections in this regard at the request of a port State.

Justification

To comply with MLC, Standard A5.1.2, paragraph 2.

Amendment  20

Proposal for a directive

Article 4 – paragraph 1 c (new)

Text proposed by the Commission

Amendment

 

1c. Each Member State shall establish:

 

(a) a system to ensure the adequacy of work performed by recognised organisations. That system shall include information on all applicable national laws and regulations and relevant international instruments; and

 

(b) procedures for communication with and oversight of such organizations.

Justification

To comply with MLC, Standard A5.1.2, paragraph 3.

Amendment  21

Proposal for a directive

Article 4 – paragraph 1 d (new)

Text proposed by the Commission

Amendment

 

1d. Each Member State shall provide the International Labour Office with a current list of any recognised organisations that are authorised to act on its behalf and shall keep this list up to date. The list shall specify the functions that the recognised organisations have been authorised to carry out.

Justification

To comply with MLC, Standard A5.1.2, paragraph 4.

Amendment  22

Proposal for a directive

Article 4 a (new)

Text proposed by the Commission

Amendment

 

Article 4a

 

Maritime Labour Certificate

 

4a. Each Member State shall require ships that fly its flag to carry and maintain a maritime labour certificate certifying that the working and living conditions of seafarers on the ship, including the measures for ongoing compliance to be included in the declaration of maritime labour compliance, have been inspected and meet the requirements of national laws or regulations or other measures implementing Directive 2009/13/EC and the Social Partners Agreement annexed thereto.

Justification

To include a requirement (based on MLC, Regulation 5.1.3, paragraph 3) for Member States to carry certification.

Amendment  23

Proposal for a directive

Article 4 b – paragraph 1 (new)

Text proposed by the Commission

Amendment

 

Article 4b

 

Inspection and enforcement

 

1. Each Member State shall verify, through an effective and coordinated system of regular inspections, monitoring and other control measures, that ships that fly its flag comply with the requirements of Directive 2009/13/EC as implemented in national laws and regulations.

Justification

To comply with MLC, Regulation 5.1.4, paragraph 1.

Amendment  24

Proposal for a directive

Article 4 b – paragraph 2 (new)

Text proposed by the Commission

Amendment

 

2. Detailed requirements regarding the inspection and enforcement system referred to in paragraph 1 are set out in paragraphs 3 to 18 below.

Justification

To comply with MLC, Regulation 5.1.4, paragraph 2.

Amendment  25

Proposal for a directive

Article 4 b – paragraph 3 (new)

Text proposed by the Commission

Amendment

 

3. Each Member State shall maintain a system of inspection of the conditions for seafarers on ships that fly its flag which shall include verification that the measures relating to working and living conditions, as set out in the declaration of maritime labour compliance, where applicable, are being followed, and that the requirements of Directive 2009/13/EC are met.

Justification

To comply with MLC, Standard A5.1.4, paragraph 1.

Amendment  26

Proposal for a directive

Article 4 b – paragraph 4 (new)

Text proposed by the Commission

Amendment

 

4. A Member State shall appoint a sufficient number of qualified inspectors to fulfil its responsibilities under paragraph 3. Where recognised organisations have been authorised to carry out inspections, a Member State shall require that personnel carrying out the inspection are qualified to undertake these duties and shall provide them with the necessary legal authority to perform their duties.

Justification

To comply with MLC, Standard A5.1.4, paragraph 2.

Amendment  27

Proposal for a directive

Article 4 b – paragraph 5 (new)

Text proposed by the Commission

Amendment

 

5. Adequate provision shall be made to ensure that the inspectors have the training, competence, terms of reference, powers, status and independence necessary or desirable so as to enable them to carry out the verification and ensure the compliance referred to in paragraph 3.

Justification

To comply with MLC, Standard A5.1.4, paragraph 3.

Amendment  28

Proposal for a directive

Article 4 b – paragraph 6 (new)

Text proposed by the Commission

Amendment

 

6. If a Member State receives a complaint which it does not consider manifestly unfounded or obtains evidence that a ship that flies its flag does not conform to the requirements of Directive 2009/13/EC or that there are serious deficiencies in the implementation of the measures set out in the declaration of maritime labour compliance, the Member State shall take the steps necessary to investigate the matter and to ensure that action is taken to remedy any deficiencies found.

Justification

To comply with MLC, Standard A5.1.4, paragraph 5.

Amendment  29

Proposal for a directive

Article 4 b – paragraph 7 (new)

Text proposed by the Commission

Amendment

 

7. Adequate rules shall be provided and effectively enforced by each Member State in order to guarantee that inspectors have the status and conditions of service which ensure that they are independent of changes of government and of improper external influences.

Justification

To comply with MLC, Standard A5.1.4, paragraph 6.

Amendment  30

Proposal for a directive

Article 4 b – paragraph 8 (new)

Text proposed by the Commission

Amendment

 

8. Inspectors, issued with clear guidelines as to the tasks to be performed and provided with proper credentials, shall be empowered:

 

(a) to board a ship that flies the flag of a Member State;

 

(b) to carry out any examination, test or inquiry which they may consider necessary in order to satisfy themselves that the standards are being strictly observed; and

 

(c) to require that any deficiency is remedied and, where they have grounds to believe that deficiencies constitute a serious breach of the requirements of Directive 2009/13/EC (including seafarers’ rights), or represent a significant danger to seafarers’ safety, health or security, to prohibit a ship from leaving port until necessary actions are taken.

Justification

To comply with MLC, Standard A5.1.4, paragraph 7(a)-(c).

Amendment  31

Proposal for a directive

Article 4 b – paragraph 9 (new)

Text proposed by the Commission

Amendment

 

9. Any action taken pursuant to paragraph 8(c) shall be subject to any right of appeal that may exist to a judicial or administrative authority.

Justification

To comply with MLC, Standard A5.1.4, paragraph 8.

Amendment  32

Proposal for a directive

Article 4 b – paragraph 10 (new)

Text proposed by the Commission

Amendment

 

10. Inspectors shall have the discretion to give advice instead of instituting or recommending proceedings when there is no clear breach of the requirements of Directive 2009/13/EC that endangers the safety, health or security of the seafarers concerned and where there is no prior history of similar breaches.

Justification

To comply with MLC, Standard A5.1.4, paragraph 9.

Amendment  33

Proposal for a directive

Article 4 b – paragraph 11 (new)

Text proposed by the Commission

Amendment

 

11. Inspectors shall treat as confidential the source of any grievance or complaint alleging a danger or deficiency in relation to seafarers’ working and living conditions or a violation of laws and regulations and shall give no intimation to the shipowner, the shipowner’s representative or the operator of the ship that an inspection was made as a consequence of such a grievance or complaint.

Justification

To comply with MLC, Standard A5.1.4, paragraph 10.

Amendment  34

Proposal for a directive

Article 4 b – paragraph 12 (new)

Text proposed by the Commission

Amendment

 

12. Inspectors shall not be entrusted with duties which might, because of their number or nature, interfere with effective inspection or prejudice in any way their authority or impartiality in their relations with shipowners, seafarers or other interested parties.

 

In particular, inspectors shall:

 

(a) be prohibited from having any direct or indirect interest in any operation which they are called upon to inspect; and

 

(b) without prejudice to appropriate sanctions or disciplinary measures, not reveal, even after leaving service, any commercial secrets or confidential working processes or information of a personal nature which may come to their knowledge in the course of their duties.

Justification

To comply with MLC, Standard A5.1.4, paragraph 11(a)-(b).

Amendment  35

Proposal for a directive

Article 4 b – paragraph 13 (new)

Text proposed by the Commission

Amendment

 

13. Inspectors shall submit a report of each inspection to the competent authority of the Member State. One copy of the report in English or in the working language of the ship shall be furnished to the master of the ship and another copy shall be posted on the ship’s notice board for the information of the seafarers and, upon request, sent to their representatives.

Justification

To comply with MLC, Standard A5.1.4, paragraph 12.

Amendment  36

Proposal for a directive

Article 4 b – paragraph 14 (new)

Text proposed by the Commission

Amendment

 

14. The competent authority of each Member State shall maintain records of inspections of the conditions for seafarers on ships that fly its flag. It shall publish an annual report on inspection activities within a reasonable time, not exceeding six months, after the end of the year.

Justification

To comply with MLC, Standard A5.1.4, paragraph 13.

Amendment  37

Proposal for a directive

Article 4 b – paragraph 15 (new)

Text proposed by the Commission

Amendment

 

15. In the case of an investigation following a major incident, the report shall be submitted to the competent authority of the Member State concerned as soon as practicable, but not later than one month following the conclusion of the investigation.

Justification

To comply with MLC, Standard A5.1.4, paragraph 14.

Amendment  38

Proposal for a directive

Article 4 b – paragraph 16 (new)

Text proposed by the Commission

Amendment

 

16. When an inspection is conducted or when measures are taken under this Article, all reasonable efforts shall be made to avoid a ship being unreasonably detained or delayed.

Justification

To comply with MLC, Standard A5.1.4, paragraph 15.

Amendment  39

Proposal for a directive

Article 4 b – paragraph 17 (new)

Text proposed by the Commission

Amendment

 

17. Compensation shall be payable in accordance with national laws and regulations for any loss or damage suffered as a result of the wrongful exercise of the inspectors’ powers. The burden of proof in each case shall be on the complainant.

Justification

To comply with MLC, Standard A5.1.4, paragraph 16.

Amendment  40

Proposal for a directive

Article 4 b – paragraph 18 (new)

Text proposed by the Commission

Amendment

 

18. Adequate penalties and other corrective measures for breaches of the requirements of Directive 2009/13/EC (including seafarers’ rights) and for obstructing inspectors in the performance of their duties shall be provided for and effectively enforced by each Member State.

Justification

To comply with MLC, Standard A5.1.4, paragraph 17.

Amendment  41

Proposal for a directive

Article 5 – paragraph 1

Text proposed by the Commission

Amendment

1. If a Member State receives a complaint which it does not consider manifestly unfounded or obtains evidence that a ship that flies its flag does not conform to the requirements of Directive 2009/13/EC or that there are serious deficiencies in its implementing measures, that Member State shall take the steps necessary to investigate the matter and ensure that action is taken to remedy any deficiencies found.

1. If a Member State receives a complaint which it does not consider to be manifestly unfounded under international labour law, such as the Maritime Labour Convention, or under Directive 2009/13/EC, it shall take the steps necessary to investigate the matter and ensure that action is taken to remedy any deficiencies found.

 

If a Member State obtains evidence, by means of an inspection, that a ship that flies its flag does not conform to the requirements of Directive 2009/13/EC or that there are serious deficiencies in its implementing measures, that Member State shall take the steps necessary to investigate the matter and ensure that action is taken to remedy any deficiencies found.

Amendment  42

Proposal for a directive

Article 5 – paragraph 2

Text proposed by the Commission

Amendment

2. Personnel in charge of dealing with complaints shall treat as confidential the source of any grievance or complaint alleging a danger or deficiency in relation to seafarers' working and living conditions or a violation of laws and regulations and give no intimation to the shipowner, the shipowner's representative or the operator of the ship that an inspection was made as a consequence of such a grievance or complaint.

2. Personnel shall treat as confidential the source of any grievance or complaint alleging a danger or deficiency in relation to seafarers’ working and living conditions or a violation of laws and regulations and give no intimation to the ship owner, the ship owner’s representative or the operator of the ship that an inspection was made as a consequence of such a grievance or complaint.

Amendment  43

Proposal for a directive

Article 5 a – paragraph 1 (new)

Text proposed by the Commission

Amendment

 

Article 5a

 

On-board complaint procedures

 

1. Member States shall require that ships that fly its flag have on-board procedures for the fair, effective and expeditious handling of seafarer complaints alleging breaches of the requirements of Directive 2009/13/EC (including seafarers’ rights).

Justification

To comply with MLC, Regulation 5.1.5, paragraph 1.

Amendment  44

Proposal for a directive

Article 5 a – paragraph 2 (new)

Text proposed by the Commission

Amendment

 

2. Member States shall prohibit and penalise any kind of victimisation of a seafarer for filing a complaint.

Justification

To comply with MLC, Regulation 5.1.5, paragraph 2.

Amendment  45

Proposal for a directive

Article 5 a – paragraph 3 (new)

Text proposed by the Commission

Amendment

 

3. The provisions of this Article are without prejudice to a seafarer’s right to seek redress through whatever legal means the seafarer considers appropriate.

Justification

To comply with MLC, Regulation 5.1.5, paragraph 3.

Amendment  46

Proposal for a directive

Article 5 a – paragraph 4 (new)

Text proposed by the Commission

Amendment

 

4. Without prejudice to any wider scope that may be given in national laws or regulations or collective agreements, the on-board procedures may be used by seafarers to lodge complaints relating to any matter that is alleged to constitute a breach of the requirements of Directive 2009/13/EC (including seafarers’ rights).

Justification

To comply with MLC, Standard A5.1.5, paragraph 1.

Amendment  47

Proposal for a directive

Article 5 a – paragraph 5 (new)

Text proposed by the Commission

Amendment

 

5. Each Member State shall ensure that, in its laws or regulations, appropriate on-board complaint procedures are in place to meet the requirements set out in paragraphs 1 to 3. Such procedures shall seek to resolve complaints at the lowest level possible. However, in all cases, seafarers shall have a right to complain directly to the master and, where they consider it necessary, to appropriate external authorities.

Justification

To comply with MLC, Standard A5.1.5, paragraph 2.

Amendment  48

Proposal for a directive

Article 5 a – paragraph 6 (new)

Text proposed by the Commission

Amendment

 

6. The on-board complaint procedures shall include the right of the seafarer to be accompanied or represented during the complaints procedure, as well as safeguards against the possibility of victimisation of seafarers for filing complaints. The term “victimisation” covers any adverse action taken by any person with respect to a seafarer for lodging a complaint which is not manifestly vexatious or maliciously made.

Justification

To comply with MLC, Standard A5.1.5, paragraph 3.

Amendment  49

Proposal for a directive

Article 5 a – paragraph 7 (new)

Text proposed by the Commission

Amendment

 

7. In addition to a copy of their seafarers’ employment agreement, all seafarers shall be provided with a copy of the on-board complaint procedures applicable on the ship. This shall include contact information for the competent authority in the flag State and, where different, in the seafarers’ country of residence, and the name of a person or persons on board the ship who can, on a confidential basis, provide seafarers with impartial advice on their complaint and otherwise assist them in following the complaint procedures available to them on board the ship.

Justification

To comply with MLC, Standard A5.1.5, paragraph 4.

Amendment  50

Proposal for a directive

Article 5 b – paragraph 1 (new)

Text proposed by the Commission

Amendment

 

Article 5b

 

Labour supplying responsibilities

 

1. Without prejudice to the principle of each Member State’s responsibility for the working and living conditions of seafarers on ships that fly its flag, the Member State also has a responsibility to ensure the implementation of the requirements of this Article regarding the recruitment and placement of seafarers as well as the social security protection of seafarers that are its nationals or are resident or are otherwise domiciled in its territory, to the extent that such responsibility is provided for in this Article.

Justification

To comply with MLC, Regulation 5.3, paragraph 1.

Amendment  51

Proposal for a directive

Article 5 b – paragraph 2 (new)

Text proposed by the Commission

Amendment

 

2. Each Member State shall enforce the requirements of this Article applicable to the operation and practice of seafarer recruitment and placement services established on its territory through a system of inspection and monitoring and legal proceedings for breaches of licensing and other operational requirements provided for in paragraphs 3 and 4.

Justification

To comply with MLC, Standard A5.3, paragraph 1.

Amendment  52

Proposal for a directive

Article 5 b – paragraph 3 (new)

Text proposed by the Commission

Amendment

 

3. Each Member State that operates a public seafarer recruitment and placement service shall ensure that the service is operated in an orderly manner that protects and promotes seafarers’ employment rights as provided in Directive 2009/13/EC.

Justification

To comply with MLC, Standard A1.4, paragraph 1.

Amendment  53

Proposal for a directive

Article 5 b – paragraph 4 (new)

Text proposed by the Commission

Amendment

 

4. The competent authority of the Member State concerned shall closely supervise and control all seafarer recruitment and placement services operating in the territory of the Member State concerned. Any licences or certificates or similar authorisations for the operation of private services in the territory are granted or renewed only after verification that the seafarer recruitment and placement service concerned meets the requirements of national laws and regulations.

Justification

To comply with MLC, Standard A1.4, paragraph 6.

Amendment  54

Proposal for a directive

Article 5 c (new)

Text proposed by the Commission

Amendment

 

Article 5 c

 

Rendez-vous clause

 

From the date of the entry into force of the Agreement, the Commission shall ensure that it is incorporated into Union law and is applied by the Member States. The Commission shall take the necessary measures to that end.

Amendment  55

Proposal for a directive

Article 5 d (new)

Text proposed by the Commission

Amendment

 

Article 5 d

 

Reports

 

Every five years, the Commission shall submit a report to the European Parliament and the Council on the application of this Directive.

 

The report shall assess the performance of Member States as flag States and propose any additional measures necessary in order to transpose, and ensure compliance with, the Convention.

Justification

It is essential to encourage transposition of the MLC and help ensure that provisions relating to flag States will be implemented. Regular assessment reports are provided for in Article 9 of Directive 2009/21/EC. Reports of this kind should also be produced on the implementation of the directive being proposed here.

  • [1]  Not yet published in the Official Journal.

EXPLANATORY STATEMENT

Your rapporteur believes that flag State control aspects of the Maritime Labour Convention, 2006 (MLC) should be enshrined on the level of EU law in a more detailed and specific way. A major advantage of incorporating the MLC into EU law is that it will provide it with a much stronger enforcement regime within the EU, e.g. through EU infringement procedures, which would strengthen compliance even further.

EU provisions on flag State control should reflect much more what the MLC specifically and expressly requires to avoid different interpretations by Member States, which could lead to unfair competition and social dumping.

Your rapporteur suggests, to the extent that there is an EU competence, the fullest copy-out approach from the MLC into this Directive.

Title 5 of the MLC concerns compliance and enforcement and its Regulation 5.1 is entitled "flag State responsibilities".

The amendments proposed concern in particular the following matters:

- General principles, as laid down in the MLC's Regulation, Standard and Guideline 5.1.1, to ensure that each State implements its responsibilities with respect to ships that fly its flag.

- Authorization of recognized organization, as laid down in the MLC's Regulation, Standard and Guideline 5.1.2.

Your rapporteur believes that Article 4 of the Commission proposal should be amended to ensure that express reference is made of the very specific provision of the MLC to ensure that recognized organizations and their staff carry out their monitoring tasks in the best possible way.

- Maritime labour certificate and declaration of maritime labour compliance, see the MLC's Regulation, Standard and Guideline 5.1.3.

Article 3 of the Commission proposal refers to ‘inspection’ but not to ‘certification’ and there should be a requirement for the establishment of an effective system of certification. While the Commission proposal did not include provisions regarding the Maritime labour certificate your rapporteur suggests, within the EU legal competency, to do so since MLC provisions on the maritime labour certificate and the declaration of maritime labour compliance are central to the enforcement of the MLC.

- Inspection and enforcement see the MLC's Regulation, Standard and Guideline 5.1.4.

Except for the reference to ‘inspections’ in Article 3 of the Commission proposal, there are no parts of any of this section included in the Directive. If the MLC's rules of the matter were incorporated at EU level it would do much to ensure that EU Member States properly implement a strong and consistent inspection and enforcement regime.

- On-board complaint procedures, as laid down in the MLC's Regulation, Standard and Guideline 5.1.5.

While Article 5 of the Commission proposal refers to complaints, its requirements are very brief and leave out some important aspects of the relevant parts of the MLC. Important rights and provisions relating to complaints need to be incorporated in a more detailed way.

- Labour-supplying responsibilities, see the MLC's Regulation, Standard and Guideline 5.3, in order to ensure that Member States implement their responsibilities regarding recruitment and placement and the social protection of their seafarers.

OPINION of the Committee on Transport and Tourism (27.11.2012)

for the Committee on Employment and Social Affairs

on the proposal for a directive of the European Parliament and of the Council concerning flag State responsibilities for the enforcement of Council Directive 2009/13/EC implementing the Agreement concluded by the European Community Shipowners' Associations (ECSA) and the European Transport Workers' Federation (ETF) on the Maritime Labour Convention, 2006, and amending Directive 1999/63/EC
(COM(2012)0134 – C7‑0083/2012 – 2012/0065(COD))

Rapporteur: Georges Bach

SHORT JUSTIFICATION

1. Introduction

This proposal for a Directive takes place in a more general set of European legal measures put in place to enforce several standards of the Maritime Labour Convention (MLC) adopted by the International Labour Organisation (ILO) on 23 February 2006 in Geneva. At this stage, 30 countries have ratified the MLC representing more than 59% of the world fleet tonnage, fulfilling the necessary requirement for the Convention to enter into force, i.e. 30 ratifying countries representing 33 per cent of the world gross tonnage.

The MLC provides comprehensive rights and protection at work for the world's more than 1.2 million seafarers. It covers essential matters such as the minimum requirements for seafarers to work on board a ship (title I of the MLC), conditions of employment (title II of the MLC), accommodation, recreational facilities, food and catering (title III of the MLC) health protection, medical care, welfare and social security protection (title IV of the MLC) and compliance and enforcement (title V of the MLC) in order to guarantee decent working and living conditions on board ships, as well as procedures to implement these provisions.

The MLC aims at establishing a level playing field in the worldwide maritime industry by setting common minimum standards for all flags and seafarers.

The EU has already adopted Council Decision 2007/431/EC of 7 June 2007, authorizing Member States to ratify the MLC. Sixteen Member States are currently in the process of ratifying the Convention, while Spain, Poland, Bulgaria, Luxembourg, Denmark, Latvia, the Netherlands, Sweden and Cyprus have already ratified it.

The EU also adopted Council Directive 2009/13/EC of 16 February 2009, implementing the Agreement concluded by the European Community Shipowners’ Associations (ECSA) and the European Transport Workers’ Federation (ETF) on the MLC, this Agreement constitutes an outstanding achievement of the sectoral social dialogue.

Directive 2009/13/EC aligned European Legislation with the relevant provisions of the MLC establishing rights for seafarers contained in its titles I, II, III and IV. The European social partners, wishing to implement their agreement by means of a Council decision on the basis of Article 155 TFEU, did not have the power to include in their Agreement the enforcement provisions contained in title V of the MLC and asked the Commission to act in this respect.

The present proposal aims precisely to do this on the flag State responsibilities, recognising the vital importance of title V of the MLC for seafarers.

This proposal is closely associated with the Proposal for a Directive of the European Parliament and of the Council amending Directive 2009/16/EC on port State control, aimed to ensure a global level-playing field for industry by enforcing the MLC in all European ports.

2. The "Transport" dimension of the proposal

This proposal is in line with the Commissions White paper of 28 March 2011 Roadmap to a Single European Transport Area – Towards a competitive and resource efficient transport system declaring a social agenda for maritime transport.

It will considerably strengthen the maritime transport dimension by enforcing the seafarers labour law rights as agreed on in the Maritime Labour Convention. It will promote and improve the sectors image and safeguard Europe's interests at world level by creating a global level-playing field.

Your rapporteur welcomes the proposal, which aims to enforce at EU level the very positive achievements of the social dialogue between stakeholders in the maritime sector.

Your rapporteur considers that the current proposal should be more detailed and strengthened by incorporating substantial parts of the Maritime Labour Convention in the text of the proposal itself.

Particularly, the proposed amendments will create a strong guidance framework for Member States acting in their flag states duties by establishing an effective and detailed inspection regime when they ensure the compliance of their ships with Directive 2009/13/EC. In the same spirit, the complaints proceedings as well as the inspection and enforcement procedures were reinforced in line with the Maritime Labour Convention.

AMENDMENTS

The Committee on Transport and Tourism calls on the Committee on Employment and Social Affairs, as the committee responsible, to incorporate the following amendments in its report:

Amendment   1

Proposal for a directive

Recital 10

Text proposed by the Commission

Amendment

(10) Although Directive 2009/21/EC governs the flag State responsibilities by incorporating the IMO's flag State audit scheme into Union law and by introducing the certification of quality of national maritime authorities; a separate directive covering the maritime labour standards is deemed more appropriate and clearer to reflect the different purposes and procedures,

(10) Although Directive 2009/21/EC governs the flag State responsibilities by incorporating the IMO's flag State audit scheme into Union law and by introducing the certification of quality of national maritime authorities; a separate directive covering the maritime labour standards is deemed more appropriate and clearer to reflect the different purposes and procedures. Therefore, Directive 2009/21/EC, the provisions of which apply only to IMO Conventions, should not be affected by the present Directive. In any case, Member States could develop, implement and maintain a quality management system for the operational parts of the flag State-related activities of its maritime administration falling within the scope of this Directive.

Amendment  2

Proposal for a directive

Recital 11

Text proposed by the Commission

Amendment

(11) Directive 2009/13/EC applies to seafarers on board ships flying the flag of a Member State. Member States should therefore monitor compliance with all the provisions of that Directive by ships flying their flag.

(11) Directive 2009/13/EC applies to seafarers on board ships flying the flag of a Member State. Member States should ensure the effective discharge of their obligations as flag States with respect to the implementation of the relevant parts of MLC 2006 which correspond to the elements as set out in the Annex to Directive 2009/13/EC by ships flying their flag. In establishing an effective system for monitoring mechanisms, including inspections, a Member State could grant authorization to public institutions or other organisations within the meaning of MLC 2006.

Amendment  3

Proposal for a directive

Recital 13 a (new)

Text proposed by the Commission

Amendment

 

The application and/or interpretation of this Directive should, under no circumstances, lead to a reduction in the level of protection currently enjoyed by workers under Union legislation.

Justification

While minimum international standards are highly desirable, they should not be used to undermine the level of protection currently enjoyed by European seafarers. This is particularly important given the objective of encouraging more European citizens to take up maritime careers

Amendment  4

Proposal for a directive

Article 2 – point b a (new)

Text proposed by the Commission

Amendment

 

(ba) “maritime labour certificate”, “interim maritime labour certificate” and “declaration of maritime labour compliance” mean respectively the documents referred to in Standard A5.1.3, paragraph 9 of the Maritime Labour Convention, 2006 drawn up in the form corresponding to the models given in Appendix A5-II of that Convention;

Justification

Giving a definition of these certificates is necessary as they will be referred to in amendments proposed for this Directive.

Amendment  5

Proposal for a directive

Article 3 – title

Text proposed by the Commission

Amendment

Compliance monitoring

Compliance monitoring and certification

Justification

Certification is an important part of the compliance monitoring system described in the proposal.

Amendment  6

Proposal for a directive

Article 3 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

 

With respect to ships of less than 200 gross tonnage not engaged in international voyages, Member States may, in consultation with the ship-owners' and seafarers' organisations concerned, decide to adapt, as set out in Article II paragraph 6 of MLC 2006, the monitoring mechanisms, including inspections, to take account of the specific conditions relating to such ships.

Amendment  7

Proposal for a directive

Article 3 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

 

Each Member State shall establish an effective system for the inspection and certification of maritime labour conditions, in accordance with Regulations 5.1.3 and 5.1.4 and Standards A5.1.3 and A5.14 of the Maritime Labour Convention, ensuring that the working and living conditions for seafarers on ships flying its flag meet, and continue to meet, the standards in that Convention.

Justification

The details regarding the issue, inspection, and enforcement of maritime labour certificates and declarations of maritime labour compliance are set out in Standards A5.1.3 and A5.1.4, and these should therefore be explicitly mentioned here.

Amendment  8

Proposal for a directive

Article 3 – paragraph 1 b (new)

Text proposed by the Commission

Amendment

 

(1b) In establishing an effective system for the inspection and certification of maritime labour conditions, Member States may, where appropriate, authorize public institutions or other organizations (including those of another Member State, if the latter agrees) which it recognizes as competent and independent to carry out inspections or to issue certificates or to do both. In all cases, the Member State shall remain fully responsible for the inspection and certification of the working and living conditions of the seafarers concerned on ships that fly its flag.

Justification

Reflecting the Maritime Labour Convention, Regulation 5.1.1, paragraph 3.

Amendment  9

Proposal for a directive

Article 3 – paragraph 1 c (new)

Text proposed by the Commission

Amendment

 

(1c) A maritime labour certificate, complemented by a declaration of maritime labour compliance, shall constitute prima facie evidence that the ship has been duly inspected by the Member State whose flag it flies and that the requirements of Directive 2009/13/EC relating to working and living conditions of the seafarers have been met to the extent so certified.

Justification

Reflecting the Maritime Labour Convention, Regulation 5.1.1, paragraph 4.

Amendment 10

Proposal for a directive

Article 3 – paragraph 1 d (new)

Text proposed by the Commission

Amendment

 

(1d) Information about the system referred to in paragraph 1.a of this Article, including the method used for assessing its effectiveness, shall be included in the Member States reports to the International Labour Office pursuant to article 22 of the Constitution of that Office.

Justification

Reflecting the Maritime Labour Convention, Regulation 5.1.1, paragraph 5;

Amendment  11

Proposal for a directive

Article 3 – paragraph 1 e (new)

Text proposed by the Commission

Amendment

 

(1e) Each Member State shall establish clear objectives and standards covering the administration of its inspection and certification systems, as well as adequate overall procedures for its assessment of the extent to which those objectives and standards are being attained.

Justification

Reflecting the Maritime Labour Convention, Standard A 5.1.1, paragraph 1.

Amendment  12

Proposal for a directive

Article 3 – paragraph 1 f (new)

Text proposed by the Commission

Amendment

 

(1f) Each Member State shall require all ships that fly its flag to have a copy of Directive 2009/13/EC available on board.

Justification

Reflecting the Maritime Labour Convention, Standard A5.1.1, paragraph 2.

Amendment  13

Proposal for a directive

Article 4 – title

Text proposed by the Commission

Amendment

Staff in charge of compliance monitoring

 

Recognised organisations and their staff in charge of compliance monitoring

Justification

To include a requirement, based on the Maritime Labour Convention, Regulation 5.1.3, paragraph 3, for Member States to carry certification.

Amendment  14

Proposal for a directive

Article 4 a – paragraph 1 (new)

Text proposed by the Commission

Amendment

 

Inspection and enforcement

 

1. Each Member State shall verify, through an effective and coordinated system of regular inspections, monitoring and other control measures, that ships that fly its flag comply with the requirements of Directive 2009/13/EC as implemented in national laws and regulations.

Justification

Reflecting the Maritime Labour Convention, Regulation 5.1.4, paragraph 1.

Amendment  15

Proposal for a directive

Article 4 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

 

The European Maritime Safety Agency (EMSA) may assist Member States in the supervision of recognised organisations performing certification tasks on their behalf in accordance with Article 9 of Directive 2009/15/EC, without prejudice to the rights and obligations of flag States.

Justification

Given that the Agency already helps the Commission to supervise recognised organisations, allowing it likewise to assist Member States would result in efficiency gains and reduce the strain on Member States’ budgets.

Amendment  16

Proposal for a directive

Article 4 a – paragraph 2 (new)

Text proposed by the Commission

Amendment

 

2. Detailed requirements regarding the inspection and enforcement system referred to in paragraph 1 (new) of this Article are set out in paragraphs 3 (new) to 19 (new) of this Article.

Justification

Reflecting the Maritime Labour Convention, Regulation 5.1.4, paragraph 2.

Amendment  17

Proposal for a directive

Article 4 a – paragraph 3 (new)

Text proposed by the Commission

Amendment

 

3. Each Member State shall maintain a system of inspection of the conditions for seafarers on ships that fly its flag which shall include verification that the measures relating to working and living conditions as set out in the declaration of maritime labour compliance, where applicable, are being followed, and that the requirements of Directive 2009/13/EC are met.

Justification

Reflecting Maritime Labour Convention, Standard A5.1.4, paragraph 1.

Amendment  18

Proposal for a directive

Article 4 a – paragraph 4 (new)

Text proposed by the Commission

Amendment

 

4. Member States shall appoint a sufficient number of qualified inspectors to fulfil its responsibilities under paragraph 3 (new) of this Article. Where recognized organizations have been authorized to carry out inspections, Member States shall require that personnel carrying out the inspection are qualified to undertake these duties and shall provide them with the necessary legal authority to perform their duties.

Justification

Reflecting Maritime Labour Convention, Standard A5.1.4, paragraph 2.

Amendment  19

Proposal for a directive

Article 4 a – paragraph 5 (new)

Text proposed by the Commission

Amendment

 

5. Adequate provision shall be made to ensure that the inspectors have the training, competence, terms of reference, powers, status and independence necessary or desirable so as to enable them to carry out the verification and ensure the compliance referred to in paragraph 3 (new) of this Article.

Justification

Reflecting the Maritime Labour Convention, Standard A5.1.4, paragraph 3.

Amendment  20

Proposal for a directive

Article 4 a – paragraph 6 (new)

Text proposed by the Commission

Amendment

 

6. In respect of any Member State to whom Article 3, paragraph 1 a (new) of this Directive applies, inspections shall take place at the intervals required by Standard A5.1.3 of the Maritime Labour Convention, 2006, where applicable. In respect of any other Member State the interval between inspections shall in no case exceed three years.

Justification

Reflecting the Maritime Labour Convention, Standard A5.1.4, paragraph 4 but distinguishing between Member States in which respect of which the MLC applies (in which case reference can be made to MLC, Standard A5.1.3) and those to which it does not.

Amendment  21

Proposal for a directive

Article 4 a – paragraph 7 (new)

Text proposed by the Commission

Amendment

 

7. If a Member State receives a complaint which it does not consider manifestly unfounded or obtains evidence that a ship that flies its flag does not conform to the requirements of Directive 2009/13/EC or that there are serious deficiencies in the implementation of the measures set out in the declaration of maritime labour compliance, the Member State shall take the steps necessary to investigate the matter and ensure that action is taken to remedy any deficiencies found.

Justification

Reflecting the Maritime Labour Convention, Standard A5.1.4, paragraph 5.

Amendment  22

Proposal for a directive

Article 4 a – paragraph 8 (new)

Text proposed by the Commission

Amendment

 

8. Adequate rules shall be provided and effectively enforced by each Member State in order to guarantee that inspectors have the status and conditions of service to ensure that they are independent of changes of government and of improper external influences.

Justification

Reflecting the Maritime Labour Convention, Standard A5.1.4, paragraph 6.

Amendment  23

Proposal for a directive

Article 4 a – paragraph 9 (new)

Text proposed by the Commission

Amendment

 

9. Inspectors, issued with clear guidelines as to the tasks to be performed and provided with proper credentials, shall be empowered:

 

(a) to board a ship that flies the flag of a Member State;

 

(b) to carry out any examination, test or inquiry which they may consider necessary in order to satisfy themselves that the standards are being strictly observed; and

 

(c) to require that any deficiency is remedied and, where they have grounds to believe that deficiencies constitute a serious breach of the requirements of Directive 2009/13/EC (including seafarers’ rights), or represent a significant danger to seafarers’ safety, health or security, to prohibit a ship from leaving port until necessary actions are taken.

Justification

Reflecting the Maritime Labour Convention, Standard A5.1.4, paragraph 7(a)-(c)

Amendment  24

Proposal for a directive

Article 4 a – paragraph 10 (new)

Text proposed by the Commission

Amendment

 

10. Any action taken pursuant to paragraph 9(c) of this Article shall be subject to any right of appeal to a judicial or administrative authority.

Justification

Reflecting the Maritime Labour Convention, Standard A5.1.4, paragraph 8

Amendment  25

Proposal for a directive

Article 4 a – paragraph 11 (new)

Text proposed by the Commission

Amendment

 

11. Inspectors shall have the discretion to give advice instead of instituting or recommending proceedings when there is no clear breach of the requirements of Directive 2009/13/EC that endangers the safety, health or security of the seafarers concerned and where there is no prior history of similar breaches.

Justification

Reflecting the Maritime Labour Convention, Standard A5.1.4, paragraph 9.

Amendment  26

Proposal for a directive

Article 4 a – paragraph 12 (new)

Text proposed by the Commission

Amendment

 

12. Inspectors shall treat as confidential the source of any grievance or complaint alleging a danger or deficiency in relation to seafarers’ working and living conditions or a violation of laws and regulations and give no intimation to the ship owner, the ship owner’s representative or the operator of the ship that an inspection was made as a consequence of such a grievance or complaint.

Justification

Reflecting the Maritime Labour Convention, Standard A5.1.4, paragraph 10

Amendment  27

Proposal for a directive

Article 4 a – paragraph 13 (new)

Text proposed by the Commission

Amendment

 

13. Inspectors shall not be entrusted with duties which might, because of their number or nature, interfere with effective inspection or prejudice in any way their authority or impartiality in their relations with shipowners, seafarers or other interested parties.

In particular, inspectors shall:

 

(a) be prohibited from having any direct or indirect interest in any operation which they are called upon to inspect; and

 

(b) subject to appropriate sanctions or disciplinary measures, not reveal, even after leaving service, any commercial secrets or confidential working processes or information of a personal nature which may come to their knowledge in the course of their duties.

Justification

Reflecting the Maritime Labour Convention, Standard A5.1.4, paragraph 11(a)-(b)

Amendment  28

Proposal for a directive

Article 4 a – paragraph 14 (new)

Text proposed by the Commission

Amendment

 

14. Inspectors shall submit a report of each inspection to the competent authority of the Member State. One copy of the report in English or in the working language of the ship shall be furnished to the master of the ship and another copy shall be posted on the ship’s notice board for the information of the seafarers and, upon request, sent to their representatives.

Justification

Reflecting the Maritime Labour Convention, Standard A5.1.4, paragraph 12

Amendment  29

Proposal for a directive

Article 4 a – paragraph 15 (new)

Text proposed by the Commission

Amendment

 

15. The competent authority of each Member State shall maintain records of inspections of the conditions for seafarers on ships that fly its flag. It shall publish an annual report on inspection activities within a reasonable time, not exceeding six months, after the end of the year.

Justification

Reflecting the Maritime Labour Convention, Standard A5.1.4, paragraph 13

Amendment  30

Proposal for a directive

Article 4 a – paragraph 16 (new)

Text proposed by the Commission

Amendment

 

16. In the case of an investigation pursuant to a major incident, the report shall be submitted to the competent authority of the Member State concerned as soon as practicable, but not later than one month following the conclusion of the investigation.

Justification

Reflecting the Maritime Labour Convention, Standard A5.1.4, paragraph 14.

Amendment  31

Proposal for a directive

Article 4 a – paragraph 17 (new)

Text proposed by the Commission

Amendment

 

17. When an inspection is conducted or when measures are taken under this Article, all reasonable efforts shall be made to avoid a ship being unreasonably detained or delayed.

Justification

Reflecting the Maritime Labour Convention, Standard A5.1.4, paragraph 15

Amendment  32

Proposal for a directive

Article 4 a – paragraph 18 (new)

Text proposed by the Commission

Amendment

 

18. Compensation shall be payable in accordance with national laws and regulations for any loss or damage suffered as a result of the wrongful exercise of the inspectors’ powers. The burden of proof in each case shall be on the complainant.

Justification

Reflecting the Maritime Labour Convention, Standard A5.1.4, paragraph 16

Amendment  33

Proposal for a directive

Article 4 a – paragraph 19 (new)

Text proposed by the Commission

Amendment

 

19. Adequate penalties and other corrective measures for breaches of the requirements of Directive 2009/13/EC (including seafarers’ rights) and for obstructing inspectors in the performance of their duties shall be provided for and effectively enforced by each Member State.

Justification

Reflecting the Maritime Labour Convention, Standard A5.1.4, paragraph 17

Amendment  34

Proposal for a directive

Article 4 a (new)

Text proposed by the Commission

Amendment

 

Article 4a

 

Inspection and enforcement

 

6. Inspections shall take place at the intervals required by Standard A5.1.3 of the Maritime Labour Convention, 2006.

Justification

Consistent with the Standard A5.1.4, paragraph 4, of the Maritime Labour Convention. As regards maritime labour certificates and declarations of maritime labour compliance, the Commission proposal amending Directive 2009/16/EC on port State control makes no distinction between those Member States which have ratified the MLC and those which have not yet done so. By virtue of the above wording, the requirement to carry out inspections would be imposed on Member States by EU law.

Amendment  35

Proposal for a directive

Article 5 a – paragraph 1 (new)

Text proposed by the Commission

Amendment

 

On-board complaint procedures

 

1. Member States shall require that ships that fly its flag have on-board procedures for the fair, effective and expeditious handling of seafarer complaints alleging breaches of the requirements of Directive 2009/13/EC (including seafarers’ rights).

Justification

Reflecting the Maritime Labour Convention, Regulation 5.1.5, paragraph 1.

Amendment  36

Proposal for a directive

Article 5 a – paragraph 2 (new)

Text proposed by the Commission

Amendment

 

2. Member States shall prohibit and penalize any kind of victimization of a seafarer for filing a complaint.

Justification

Reflecting the Maritime Labour Convention, Regulation 5.1.5, paragraph 2.

Amendment  37

Proposal for a directive

Article 5 a – paragraph 3 (new)

Text proposed by the Commission

Amendment

 

3. The provisions in this Article are without prejudice to a seafarer’s right to seek redress through whatever legal means the seafarer considers appropriate.

Justification

Reflecting the Maritime Labour Convention, Regulation 5.1.5, paragraph 3.

Amendment  38

Proposal for a directive

Article 5 a – paragraph 4 (new)

Text proposed by the Commission

Amendment

 

4. Without prejudice to any wider scope that may be given in national laws or regulations or collective agreements, the on-board procedures may be used by seafarers to lodge complaints relating to any matter that is alleged to constitute a breach of the requirements of Directive 2009/13/EC (including seafarers’ rights).

Justification

Reflecting the Maritime Labour Convention, Standard A5.1.5, paragraph 1.

Amendment  39

Proposal for a directive

Article 5 a – paragraph 5 (new)

Text proposed by the Commission

Amendment

 

5. Each Member State shall ensure that, in its laws or regulations, appropriate on board complaint procedures are in place to meet the requirements of paragraphs 1 (new) to 3 (new) of this Article. Such procedures shall seek to resolve complaints at the lowest level possible. However, in all cases, seafarers shall have a right to complain directly to the master and, where they consider it necessary, to appropriate external authorities.

Justification

Reflecting the Maritime Labour Convention, Standard A5.1.5, paragraph 2

Amendment  40

Proposal for a directive

Article 5 a – paragraph 6 (new)

Text proposed by the Commission

Amendment

 

6. The on-board complaint procedures shall include the right of the seafarer to be accompanied or represented during the complaints procedure, as well as safeguards against the possibility of victimization of seafarers for filing complaints. The term “victimization” covers any adverse action taken by any person with respect to a seafarer for lodging a complaint which is not manifestly vexatious or maliciously made.

Justification

Reflecting the Maritime Labour Convention, Standard A5.1.5, paragraph 3.

Amendment  41

Proposal for a directive

Article 5 a – paragraph 7 (new)

Text proposed by the Commission

Amendment

 

7. In addition to a copy of their seafarers’ employment agreement, all seafarers shall be provided with a copy of the on-board complaint procedures applicable on the ship. This shall include contact information for the competent authority in the flag State and, where different, in the seafarers’ country of residence, and the name of a person or persons on board the ship who can, on a confidential basis, provide seafarers with impartial advice on their complaint and otherwise assist them in following the complaint procedures available to them on board the ship.

Justification

Reflecting the Maritime Labour Convention, Standard A5.1.5, paragraph 4

Amendment  42

Proposal for a directive

Article 5 a (new)

Text proposed by the Commission

Amendment

 

Article 5 a

 

Reports

 

Every five years, the Commission shall submit a report to the European Parliament and the Council on the application of this Directive.

 

The report shall assess the performance of Member States as flag States and propose any additional measures necessary in order to transpose, and ensure compliance with, the Convention.

Justification

It is essential to encourage transposition of the MLC and help ensure that provisions relating to flag States will be implemented. Regular assessment reports are provided for in Article 9 of Directive 2009/21/EC. Reports of this kind should also be produced on the implementation of the directive being proposed here.

PROCEDURE

Title

Flag State responsibilities for the enforcement of Council Directive 2009/13/EC implementing the Agreement concluded by the European Community Shipowners’ Associations (ECSA) and the European Transport Workers’ Federation (ETF) on the Maritime Labour Convention, 2006, and amending Directive 1999/63/EC

References

COM(2012)0134 – C7-0083/2012 – 2012/0065(COD)

Committee responsible

       Date announced in plenary

EMPL

29.3.2012

 

 

 

Opinion by

       Date announced in plenary

TRAN

29.3.2012

Rapporteur

       Date appointed

Georges Bach

18.6.2012

Discussed in committee

9.10.2012

 

 

 

Date adopted

27.11.2012

 

 

 

Result of final vote

+:

–:

0:

34

0

5

Members present for the final vote

Magdi Cristiano Allam, Inés Ayala Sender, Georges Bach, Erik Bánki, Izaskun Bilbao Barandica, Philip Bradbourn, Antonio Cancian, Michael Cramer, Joseph Cuschieri, Philippe De Backer, Luis de Grandes Pascual, Christine De Veyrac, Saïd El Khadraoui, Ismail Ertug, Carlo Fidanza, Knut Fleckenstein, Jacqueline Foster, Mathieu Grosch, Jim Higgins, Dieter-Lebrecht Koch, Georgios Koumoutsakos, Werner Kuhn, Jörg Leichtfried, Bogusław Liberadzki, Gesine Meissner, Hubert Pirker, Olga Sehnalová, Brian Simpson, Keith Taylor, Giommaria Uggias, Peter van Dalen, Artur Zasada, Roberts Zīle

Substitute(s) present for the final vote

Phil Bennion, Spyros Danellis, Markus Ferber, Dominique Riquet, Alfreds Rubiks, Sabine Wils

PROCEDURE

Title

Flag State responsibilities for the enforcement of Council Directive 2009/13/EC implementing the Agreement concluded by the European Community Shipowners’ Associations (ECSA) and the European Transport Workers’ Federation (ETF) on the Maritime Labour Convention, 2006, and amending Directive 1999/63/EC

References

COM(2012)0134 – C7-0083/2012 – 2012/0065(COD)

Date submitted to Parliament

23.3.2012

 

 

 

Committee responsible

       Date announced in plenary

EMPL

29.3.2012

 

 

 

Committee(s) asked for opinion(s)

       Date announced in plenary

TRAN

29.3.2012

 

 

 

Rapporteur(s)

       Date appointed

Pervenche Berès

20.4.2012

 

 

 

Discussed in committee

9.10.2012

6.12.2012

 

 

Date adopted

24.1.2013

 

 

 

Result of final vote

+:

–:

0:

37

2

5

Members present for the final vote

Edit Bauer, Heinz K. Becker, Jean-Luc Bennahmias, Phil Bennion, Pervenche Berès, Vilija Blinkevičiūtė, Milan Cabrnoch, Alejandro Cercas, Minodora Cliveti, Marije Cornelissen, Emer Costello, Andrea Cozzolino, Frédéric Daerden, Sari Essayah, Richard Falbr, Marian Harkin, Roger Helmer, Nadja Hirsch, Stephen Hughes, Martin Kastler, Ádám Kósa, Jean Lambert, Patrick Le Hyaric, Thomas Mann, Elisabeth Morin-Chartier, Csaba Őry, Siiri Oviir, Konstantinos Poupakis, Sylvana Rapti, Licia Ronzulli, Elisabeth Schroedter, Joanna Katarzyna Skrzydlewska, Jutta Steinruck, Traian Ungureanu, Andrea Zanoni

Substitute(s) present for the final vote

Georges Bach, Malika Benarab-Attou, Sergio Gutiérrez Prieto, Richard Howitt, Jan Kozłowski, Svetoslav Hristov Malinov, Paul Murphy, Ria Oomen-Ruijten, Gabriele Zimmer

Date tabled

13.2.2013