Directive (EU) 2015/1794 of the European Parliament and of the Council of 6 October 2015 amending Directives 2008/94/EC, 2009/38/EC and 2002/14/EC of the European Parliament and of the Council, and Council Directives 98/59/EC and 2001/23/EC, as regards seafarers (Text with EEA relevance)
Date: 2015-10-06

num: Article 1
title: Amendment to Directive 2008/94/EC
paragraphs: Article 1(3) of Directive 2008/94/EC is replaced by the following:
‘3. Where such provision already applies in their national legislation, Member States may continue to exclude domestic servants employed by a natural person from the scope of this Directive.’.
num: Article 2
title: Amendments to Directive 2009/38/EC
paragraphs: Directive 2009/38/EC is amended as follows:
(1)
in Article 1, paragraph 7 is deleted;
(2)
in Article 10(3), the following subparagraphs are added:
‘A member of a special negotiating body or of a European Works Council, or such a member's alternate, who is a member of the crew of a seagoing vessel, shall be entitled to participate in a meeting of the special negotiating body or of the European Works Council, or in any other meeting under any procedures established pursuant to Article 6(3), where that member or alternate is not at sea or in a port in a country other than that in which the shipping company is domiciled, when the meeting takes place.
Meetings shall, where practicable, be scheduled to facilitate the participation of members or alternates, who are members of the crews of seagoing vessels.
In cases where a member of a special negotiating body or of a European Works Council, or such a member's alternate, who is a member of the crew of a seagoing vessel, is unable to attend a meeting, the possibility of using, where possible, new information and communication technologies shall be considered.’.
num: Article 3
title: Amendment to Directive 2002/14/EC
paragraphs: Article 3(3) of Directive 2002/14/EC is deleted.
num: Article 4
title: Amendments to Directive 98/59/EC
paragraphs: Directive 98/59/EC is amended as follows:
(1)
in Article 1(2), point (c) is deleted;
(2)
in Article 3(1), the following subparagraph is inserted after the second subparagraph:
‘Where the projected collective redundancy concerns members of the crew of a seagoing vessel, the employer shall notify the competent authority of the State of the flag which the vessel flies.’.
num: Article 5
title: Amendment to Directive 2001/23/EC
paragraphs: Article 1(3) of Directive 2001/23/EC is replaced by the following:
‘3. This Directive shall apply to a transfer of a seagoing vessel that is part of a transfer of an undertaking, business or part of an undertaking or business within the meaning of paragraphs 1 and 2, provided that the transferee is situated, or the transferred undertaking, business, or part of an undertaking or business remains, within the territorial scope of the Treaty.
This Directive shall not apply where the object of the transfer consists exclusively of one or more seagoing vessels.’.
num: Article 6
title: Level of protection
paragraphs: The implementation of this Directive shall under no circumstances constitute grounds for a reduction in the general level of protection of persons covered by this Directive, already afforded by the Member States in the fields covered by Directives 2008/94/EC, 2009/38/EC, 2002/14/EC, 98/59/EC and 2001/23/EC.
num: Article 7
title: Reporting by the Commission
paragraphs: The Commission, after consulting the Member States and the social partners at the Union level, shall submit a report to the European Parliament and to the Council on the implementation and application of Articles 4 and 5 by 10 October 2019.
num: Article 8
title: Transposition
paragraphs: 1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 10 October 2017. They shall immediately inform the Commission thereof.
When Member States adopt those measures, they shall contain a reference to this Directive or shall be accompanied by such a reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.
2. Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.
num: Article 9
title: Entry into force
paragraphs: This Directive shall enter into force on the day following that of its publication in the Official Journal of the European Union.