EN Official Journal of the European Union C 97/33

Opinion of the European Economic and Social Committee on the Communication from the Commission under Article 138(2) of the EC Treaty on the strengthening of maritime labour standards

COM(2006) 287 final

(2007/C 97/11)

On 16 June 2006, the European Commission decided to consult the European Economic and Social Committee, under Article 262 of the Treaty establishing the European Community, on the abovementioned proposal.

The Section for Transport, Energy, Infrastructure and the Information Society, which was responsible for preparing the Committee's work on the subject, adopted its opinion on 11 January 2007. The rapporteur was Mr Etty.

At its 433rd plenary session, held on 15 and 16 February 2007 (meeting of 15 February), the European Economic and Social Committee adopted the following opinion by 190 votes in favour with 5 abstentions.

1. Introduction

1.1 The 2006 consolidated Maritime Labour Convention is a major new instrument of the International Labour Organisation (ILO) which combines protection of seafarers' rights to decent conditions of work with the creation of conditions of fair competition for shipowners.

1.2 It has been characterised as the fourth pillar of the international regulatory regime for quality shipping, complementing the three major Conventions of the International Maritime Organisation (IMO): the International Convention for the Safety of Life at Sea (SOLAS), the International Convention on Standards of Training, Certification and Watchkeeping (STCW), and the International Convention for the Prevention of Pollution from Ships (MARPOL).

1.3 The new Convention replaces 68 existing ILO maritime instruments. It will come into force when 30 ILO Member States, which account for at least 33 % of world tonnage, have ratified it.

2. Comments

2.1 The standards laid down in the Convention pertain to the crews of sea-going vessels of a gross register tonnage of 500 tonnes or more, engaged in international voyages or sailing between ports in a foreign country. They deal with: — Minimum requirements for seafarers to work on a ship — Conditions of employment — Accommodation, recreational facilities, food and catering — Health protection, medical care, welfare, and social security protection, and — Compliance and enforcement.

2.2 The EESC might commend the Commission for the support it has given to the work in the ILO which has resulted in this new Convention, and with its good cooperation with the Governments and the employers' and workers' organisations of the Member States in the tripartite setting of the ILO. This has certainly laid a firm foundation for the work which has to be done now that the new instrument has been created: ratification by the Member States and adapting, where necessary, the Community acquis.

2.3 The EESC may note that the Convention is the result of a delicate balance reached in decision making at the international level and in a tripartite setting. The Commission's actions should strengthen and promote this result and avoid steps which might jeopardise its successful implementation.

2.4 The EESC might endorse the Commission's determination to encourage early ratification by the Member States. Obviously, such action by 27 Member States which account for 28 % of the world fleet would be a huge step forward.

2.5 Ratification is a matter for the Member States exclusively, as the EU is not a member of the ILO. The EESC might note and express its interest in the decision of the Commission to invite the social partners at the European level to enter into negotiations with a view to reaching an agreement. If such an agreement could be reached, this could certainly facilitate ratification by the Member States. The EESC expects that Member States will ratify as soon as possible, hopefully in 2008.

2.6 Negotiations between the social partners have now started. Under these circumstances, the EESC might think it appropriate not to express itself for the time being on the three main questions tabled by the Commission in its Communication concerning: — Adaptation of the Community acquis — Adoption of additional texts, and — Going beyond the provisions of the Convention. The same holds for the question whether or not Part B of the Convention (the Guidelines) should be made binding. If the social partners fail to reach an agreement, the EESC will revisit these points.

2.7 As regards the setting up of the tripartite structure provided for by the Convention, the EESC might note that such mechanisms are not foreseen by the Treaty. Taking this into account, the EESC might wish to observe that, whatever solution the Commission envisages for ensuring Community coordination in a tripartite decision-making process, it should never weaken tripartite ILO provisions at the national level.

2.8 The EESC might wish to recommend Commission support for ILO expert meetings for the development of operational guidelines for Flag and Port State control.