# CE2004065EN.01018601.xml

| 13.3.2004 | EN | Official Journal of the European Union | CE 65/186 |
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13.3.2004

EN

Official Journal of the European Union

CE 65/186

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(2004/C 65 E/203)

WRITTEN QUESTION E-2658/03

by Manuel Pérez Álvarez (PPE-DE) to the Commission

(10 September 2003)

Subject:   Allseas Group

Subject:

While the European Parliament was debating the new directive on minimum training levels for workers at sea, there appeared virtually simultaneous press reports that the Swiss oil tanker company Allseas Group wanted to replace its Galician crews with Filipinos; 50 of the 600 employees have already been notified of their dismissal. The reason, according to the media, is the low cost of employing Filipino manpower.

| 1. | Is the Commission aware of the sacking of these workers? |
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1.

Is the Commission aware of the sacking of these workers?

| 2. | Is it known whether the contracts cover social security payments, sick leave and compensation for dismissal? What labour law applies to these contracts? |
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2.

Is it known whether the contracts cover social security payments, sick leave and compensation for dismissal? What labour law applies to these contracts?

| 3. | What measures does the Commission intend to propose with a view to preventing situations like this occurring, in which vocational training and qualifications — and consequently, both properly carried out work and safety considerations are sacrificed — on unacceptable economic pretexts? |
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3.

What measures does the Commission intend to propose with a view to preventing situations like this occurring, in which vocational training and qualifications — and consequently, both properly carried out work and safety considerations are sacrificed — on unacceptable economic pretexts?

Answer given by Ms Diamantopoulou on behalf of the Commission

(22 October 2003)

(22 October 2003)

| 1. | The Commission deplores the facts reported by the Honourable Member concerning third-country vessels, of which it had no previous knowledge. |
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1.

The Commission deplores the facts reported by the Honourable Member concerning third-country vessels, of which it had no previous knowledge.

| 2. | While the Commission does not have the information to enable it to take a view on this particular case, it would point out that the law applicable to the employment contract of a person working on board a vessel depends primarily, in the event of a dispute, on the rules of private international law of the court hearing the case. In most cases, these rules refer to the law of the country in which the vessel is registered and whose flag it flies (cf. Article 6(2) of the Rome Convention of 1980 on the law applicable to contractual obligations).
  As far as Community legislation is concerned, the scope of Council Directive 98/59/EC of 20 July 1998 on the approximation of the laws of the Member States relating to collective redundancies (1) excludes the crews of seagoing vessels. The Commission had originally proposed that they be included, but this was not accepted by the other institutions. |
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2.

While the Commission does not have the information to enable it to take a view on this particular case, it would point out that the law applicable to the employment contract of a person working on board a vessel depends primarily, in the event of a dispute, on the rules of private international law of the court hearing the case. In most cases, these rules refer to the law of the country in which the vessel is registered and whose flag it flies (cf. Article 6(2) of the Rome Convention of 1980 on the law applicable to contractual obligations).

As far as Community legislation is concerned, the scope of Council Directive 98/59/EC of 20 July 1998 on the approximation of the laws of the Member States relating to collective redundancies (1) excludes the crews of seagoing vessels. The Commission had originally proposed that they be included, but this was not accepted by the other institutions.

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| 3. | Against the backdrop of global economic competition, the Commission is in favour of strengthening the employment law applicable to seafarers, regardless of their nationality. Over and above the acquis communautaire, the conventions of the International Labour Organisation (ILO) define the employment framework and are an important instrument for reconciling the interests of seafarers and their employers. As it is, 30 of the ILO's approximately 180 Conventions and 23 of its 192 Recommendations relating to the shipping sector have often not achieved a sufficient level of ratification, especially by third countries, and this is detrimental to their impact.
  The ILO is currently consolidating the conventions on the industrial relations and employment aspects of shipping law with a view to incorporating all the provisions of these texts into a single convention which any country that wanted its registered vessels to fly the national flag with dignity would have to ratify.
  The Commission strongly supports this initiative.
  Pending the adoption of this convention, the Commission is urging the Member States to continue and, where appropriate, speed up the process of ratifying the ILO's international conventions on shipping. |
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3.

Against the backdrop of global economic competition, the Commission is in favour of strengthening the employment law applicable to seafarers, regardless of their nationality. Over and above the acquis communautaire, the conventions of the International Labour Organisation (ILO) define the employment framework and are an important instrument for reconciling the interests of seafarers and their employers. As it is, 30 of the ILO's approximately 180 Conventions and 23 of its 192 Recommendations relating to the shipping sector have often not achieved a sufficient level of ratification, especially by third countries, and this is detrimental to their impact.

The ILO is currently consolidating the conventions on the industrial relations and employment aspects of shipping law with a view to incorporating all the provisions of these texts into a single convention which any country that wanted its registered vessels to fly the national flag with dignity would have to ratify.

The Commission strongly supports this initiative.

Pending the adoption of this convention, the Commission is urging the Member States to continue and, where appropriate, speed up the process of ratifying the ILO's international conventions on shipping.

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(1)  OJ L 225, 12.8.1998.

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