Resolution on the proposal for a Council Directive concerning the Agreement on the organisation of working time of seafarers concluded by the European Community Shipowners' Association (ECSA) and the Federation of Transport Workers' Unions in the European Union (FST) (COM(98)0662 - C4-0718/98 - 98/0320(PRT))

The European Parliament,

- having regard to the Commission proposal (COM(98)0662 - 98/0320(PRT)) ((OJ C 43, 17.2.1999, p. 9.)),

- having regard to the Agreement on Social Policy annexed to the Protocol (No 14) on Social Policy attached to the Treaty establishing the European Community, in particular Articles 3(4) and 4(2) thereof,

- having regard to the Commission Communication to the Council and the European Parliament concerning the application of the Agreement on Social Policy (COM(93)0600),

- having regard to its resolutions of 24 February 1994 on the new social dimension of the Maastricht Treaty ((OJ C 77, 14.3.1994, p.30.)) and 3 May 1994 on the application of the Agreement on Social Policy ((OJ C 205, 25.7.1994, p. 116.)),

- having regard to the framework agreement on the organisation of working time of seafarers signed by ECSA and FST on 30 September 1998,

- having regard to the decision by these social partners to call upon the Commission to submit the above agreement to the Council with a view to implementing it,

- having regard to the Communication from the Commission on the organisation of working time in the sectors and activities excluded from Directive 93/104/EC of 23 November 1993 (COM(98)0662),

- having regard to the proposal for a Council Directive concerning the enforcement of seafarers' hours of work on board ships using Community ports ((OJ C 43, 17.2.1999, p. 16.)) and the Commission Recommendation on ratification of ILO Convention 180,

- having regard to its resolution of 2 July 1998 on the Commission's White Paper on sectors and activities excluded from the working time Directive (COM(97)0334 - C4-0434/97) ((OJ C 226, 20.7.1998, p. 70.)),

- having regard to its resolution of 2 July the report of the Committee on Employment and Social Affairs and the opinion of the Committee on Transport and Tourism (A4-0187/99),

A. whereas the maritime sector (along with all other transport sectors) was excluded from the provisions of Directive 93/104/EC on certain aspects of the organisation of working time,

B. whereas the European Parliament has always found this exclusion unjustified, given that it is not supported by any scientific or social consideration,

C. whereas in July 1997 the Commission adopted the abovementioned White Paper in order to examine the nature of these exclusions and to set out criteria with a view to finding a solution to the problem,

D. whereas the social partners initiated negotiations in the different sectors with a view to reaching sectoral agreements,

E. whereas protecting workers' health and safety comes under the competence of the European Community,

F. whereas the maritime sector is particularly exposed to world-wide competition, and provisions to protect health and safety at work need to be addressed also at international level,

G. whereas the European Union has the opportunity in this field to promote its social model and to speak with a single voice in the competent international bodies,

H. whereas in the field of health and safety the European Community establishes minimum standards, and derogations should be strictly limited,

I. whereas the implementation of the agreement may not be used to justify any regression in relation to the existing situation in Member States regarding health and safety at work for seafarers,

1. Welcomes the agreement reached by ECSA and FST on the organisation of working time for seafarers, and agrees that it should be submitted to the Council;

2. Repeats its call for an interinstitutional agreement on joint arrangements for the practical application of Protocol 14 and the Agreement on Social Policy (incorporated unchanged into the new Amsterdam Treaty) and urges the Commission and Council to engage in a serious dialogue with Parliament with a view to improving the current unsatisfactory situation;

3. Recalls that a strong link exists between occupational and operational safety in the maritime sector, and a high level of both is also a guarantor for protection of the environment;

4. Reminds the Commission that the agreement contains minimum requirements, without prejudice to better standards at national level, and that derogations must be strictly limited and controlled, with due regard for the general principles of ensuring a high level of protection of workers' health and safety;

5. Welcomes the approach chosen by the Commission in promoting and negotiating the adoption of ILO Convention 180 as a common basis for health and safety requirements at international level, in order to guarantee comparable rights for maritime workers irrespective of the flag of the ship on which they work, and to prevent distortions of competition;

6. Calls on the Commission to ensure that the date for the transposition of measures indicated in the directive is fully respected, as this represents the guarantee of a simultaneous ratification of ILO Convention 180, and a positive outcome following years of requests by the European Parliament for a framework of health and safety in this field;

7. Welcomes the provision on penalties applicable for infringements of implementation of the directive, and calls on the Member States to bring forward effective control mechanisms to promptly detect non-compliance with the provisions contained in the directive;

8. Asks the other Joint Sectoral Committees who have not yet reached agreements to resume talks and come to a positive result; asks the Commission, in the event of failure of the negotiations, to bring forward proposals for sector-by-sector regulation;

9. Instructs its President to forward this resolution to the Commission, the Council, ECSA and FST.