12. 9. 88 Official Journal of the European Communities No C 237/1 
II 
(Preparatory Acts) 
ECONOMIC AND SOCIAL COMMITTEE 
Opinion on the social aspects of sea fishing 
(88/C 237/01) 
On 14 April 1987 the Economic and Social Committee, acting unter the fourth paragraph of 
Article 20 of its rules of procedure, decided to draw up an Opinion on the social aspects of 
sea fishing. 
The section for agriculture and fisheries, which was responsible for preparing the Committee's 
work on the subject, adopted its Opinion on 9 June 1988 in the light of the oral report by 
Mr Mufiiz Guardado. 
At its 257th plenary session, held on 6 and 7 July 1988 (meeting of 6 July), the Economic 
and Social Committee adopted the following Opinion with no votes against and 2 abstentions. 
1. Introductory remarks 
1.1. The fisheries sector as a whole is highly complex 
and hence different from any other activity. This is why 
its underlying problems have to be addressed individu­
ally, taking into account the specific features of the 
industry and in particular the very high element of risk 
involved. 
1.2. Article 38 et seq. of the Rome Treaty, which 
cover fishing too, state that it is necessary to increase 
productivity by promoting technical progress. For the 
fisheries sector this means the need to ensure the ration­
al development of production (by means of fishing 
plans, bans, etc.) and the optimum utilization of the 
factors of production, thus ensuring a fair standard of 
living for the fishing community and increasing the 
individual aernings of persons engaged in fishing. 
1.2.1. It must, however, be acknowledged that little 
financing is provided for the fishing sector. Yet it has 
no structural and only rarely cyclical surpluses. 
1.2.2. Since the beginning of the seventies the Com­
munity has drawn up many Regulations and Directives 
on the basis of these Articles. 1.2.3. Most of these legal instruments are aimed at 
improving the structure of the fisheries sector and have 
a tendency to safeguard the profitability of vessels 
without, however, giving consideration to a suitable 
social policy. 
1.3. The common fisheries policy, now in its third 
generation, is therefore still incomplete as it lacks a 
social component. 
1.4. The Commission has tried on several occasions 
to alert the Community to this problem. 
1.4.1. Thus as early as 1966 the Commission outlined 
a set of social objectives for the common fisheries policy 
(CFP) aimed at putting sea fishermen on an equal social 
footing with other workers, taking into account the 
particular nature of the activities involved (*). 
1.5. On 17 November 1980 the Commission for­
warded to the Council some worthwhile proposals 
regarding living and working conditions, vocational 
training and safety at sea(2). 
1.5.1. When it last revised 'structures' Regulation the 
Commission made a modest attempt to incorporate 
some elements of a social policy for this sector. Thus 
it proposed (3) a Community contribution to the expen-
(') COM of 11 June 1966. 
(2) COM of 17 November 1980. 
(!) COM of 15 September 1986. 
No C 237/2 Official Journal of the European Communities 12. 9. 88 
diture incurred by Member States in instituting an early 
retirement scheme for sea fishermen and in applying a 
system of premiums for crew who have had to stop 
work as a result of the laying-up of their vessel. 
1.5.2. The Council has taken no notice of these pro­
posals; nor as yet has it shown any desire to tackle the 
problem of aligning and improving social conditions. 
1.6. Hitherto the strategy adopted by the Council 
has all too often consisted of giving the impression that 
social policy is the responsibility of the Member States. 
Furthermore, while the Community does have a hori­
zontal instrument—the Social Fund—this does not 
embody a genuine common social policy. 
1.6.1. Up until now, therefore, the Community's tra­
ditional role in social matters has been simply to coordi­
nate national social policies, leaving it up to the Mem­
ber States to adopt specific measures. 
1.7. In its Opinion of 27 February 1985 on the current 
situation and medium-term prospects of the Com­
munity fisheries sector(T), the Committee pointed out 
that: 
'the apparent differences in social arrangements— 
social security, pensions, working conditions, 
etc.—reveal that there must be very substantial dis­
tortions of competition between the Member States. 
These differences in social conditions affect operat­
ing costs...' 
1.7.1. Similarly, in its Own-initiative Opinion of 
19 November 1987 on the social aspects of the internal 
market (European Social Area) (2), the Committee stat­
ed that: 
'Adoption of Community legislation guaranteeing 
basic social rights immune to competitive pressures 
is therefore a key stage in the creation of the single 
market.' 
1.8. All of this raises the question of how a common 
fisheries policy, in the context of the large internal 
market scheduled for 1992, could be implemented fairly 
if the social conditions of sea fishermen are not the 
same for everyone. 
0) OJ No C 104, 25. 4. 1985. 
(2) OJNoC356, 31. 12. 1987. 2. General comments on the current situation and 
problems of the sea fishing industry 
2.1. Fishing provides a livelihood for some 250 000 
sea fishermen in the Community. 
2.1.1. The decline in the fishing labour force is due 
to several factors such as the gradual depletion of 
stocks, bans or restrictions on catches of certain species, 
fluctuations in the consumption of fish. 
2.2. The economic consequences of these lost jobs 
should be stressed: one job at sea can support between 
3,5 and 5 jobs ashore. 
2.3. Fishing generates employment in the following 
areas in particular: shipyards and allied industries, 
mechanical and electrical workshops, stores and pro­
visions manufactures, manufacturers of equipment and 
raw materials for the propulsion, navigation and safety 
of vessels, manufacturers of catch-handling gear, canne­
ries and their raw materials and plant, the retail and 
wholesale trade, transport firms, allied services, etc. 
2.4. The Committee notes with regret that the meas­
ures adopted by the Community to cover the deficit in 
certain fish products sometimes give rise to real prob­
lems in some sectors of the industry. Thus in some 
cases heavy imports from third countries with much 
lower operating costs than the Community are in direct 
competition with Community fisheries products and 
disrupt the market, threatening employment and the 
very existence of the fleet, by making it unprofitable. 
2.5. It should further be pointed out that the conser­
vation measures involving fishing bans, the fixing of 
norms, restrictions on fishing activity, etc. are clearly 
affecting fishermen's incomes. There is no social policy 
covering the risks posed by such measures, and fisher­
men are being obliged to restrict their activities, with a 
consequent loss of earning power. 
2.6. In addition, the alignment of Community prices 
may have an adverse effect on certain regions that have 
traditionally engaged in fishing with results in keeping 
with their catch capacity. These regions now find them­
selves threatened by the massive influx of fish from 
countries where auction prices are much lower than in 
these traditional regions. 
2.7. The Commission should carry out a study 
assessing the social consequences of supply policy so 
that appropriate measures can be taken. 
12. 9. 88 Official Journal of the European Communities No C 237/3 
3. General comments on aquaculture 
3.1. This activity has been regarded by some Mem­
ber States as a possible solution for the lack of marine 
or fish resources. Although aquaculture may become 
an important source of fish and food for human con­
sumption, e.g. through the cultivation and processing 
of algae, its role is unlikely ever to be more than 
subsidiary compared with sea fishing. 
3.2. At all events these techniques should be exam­
ined in detail and a survey made of experience so far 
in those countries which have used them. An attempt 
should be made to coordinate the two activities, namely 
sea fishing and aquaculture, including processing, so as 
to gear supplies to the deficits in the Community on 
the basis of the available data. Fishermen leaving fishing 
should as far as possible be offered employment in 
aquaculture and processing. 
4. Proposals of the Economic and Social Committee 
4.1. Vocational training 
4.1.1. It is necessary to set up training courses in all 
the Member States based on common guidelines for the 
development of the fishing industry; these guidelines 
could be implemented through Community action pro­
grammes. 
4.1.2. Basic training for future fishermen should be 
provided in several disciplines according to the intended 
employment of the trainee (seaman, skipper, mechanic, 
etc.). 
4.1.3. This training must provide the would-be fish­
ermen with a basic grasp of economics, marine biology, 
electronics, management of resources, fishing and safety 
regulations, management of fishing enterprises, organ­
ization of the industry, aquaculture, first aid, etc. This 
is because fishing requires a combination of theoretical 
and practical knowledge which cannot be acquired 
solely by experience. 
4.1.4. The same concerns should be reflected in one-
the-job training for working fishermen. Fishing requires 
a minimum level of communication between fishermen 
themselves and with the authorities responsible for the 
fishing grounds; consequently the training of Com­
munity fishermen must pay particular attention to the 
learning of languages. 
4.1.5. The policy for the training of instructors 
should include the exchange of information. 
4.1.6. The Community must encourage: 
— the construction of fisheries training centres with 
up-to-date facilities, — the setting-up of mobile training units geared to the 
particular conditions of the fishing industry and the 
needs of the profession. 
4.2. Employment 
4.2.1. The Committee calls on the Commission to 
introduce a comprehensive employment policy for the 
fishing sector taking the following suggestions into 
account: 
a) the submission by the Commission of a report on 
measures taken or to be taken for the achievement 
of full employment in the Community as soon as 
possible; 
b) effective freedom of movement of workers by 1992; 
c) comparable, mutually recognized certificates and 
diplomas; 
d) harmonization of unemployment conditions; 
e) a study to be carried out on the reintegration and 
retraining of fishermen leaving the sea as a result 
of the radical changes taking place in the traditional 
pattern of fishing; 
f) encouragement of the setting-up of fishing cooperat­
ives run on business-like lines; 
g) technical training in aquaculture where the pros­
pects are good; 
h) cooperation between owners and workers; 
i) joint consultations at national and Community level 
to examine all employment measures; 
j) social measures to anticipate the consequences of the 
common structural policy and stock conservation 
policy; 
k) the setting-up of a fund to cover the losses suffered 
by fishermen when climatic conditions prevent them 
from working. 
4.3. Working conditions 
4.3.0.1. The Committee considers that a coherent 
common fisheries policy should also provide fishermen 
with an adequate measure of safety, job security and 
reasonable social conditions. 
4.3.0.2. In the Committee's view, the Council will 
have to recommend that those Member States which 
have not done so already should ratify Convention 
No 114 of the International Labour Organization (ILO) 
concerning fishermen's employments contracts (1959). 
4.3.0.3. It is worth here reiterating the Committee's 
long-held view: 
'The Committee holds the view that fishermen 
should fare as well in social working conditions as 
No C 237/4 Official Journal of the European Communities 12. 9. 88 
other workers in the Community while taking into 
account the particular nature of the activities 
involved'^). 
4.3.0.4. Given the very varied working conditions of 
Community fishermen, the Committee realizes that the 
immediate, total harmonization of the labour legis­
lation covering fishermen is unrealistic. Significant pro­
gress could, however, be made by encouraging cooper­
ation between employers and workers in the industry 
and the conclusion of agreements on pay, working 
hours, holiday entitlement, job security and organiza­
tion of work. 
4.3.0.5. The Committee would make the following 
comments on the various aspects of working conditions. 
4.3.1. Safety of vessels and crews 
4.3.1.1. In view of the frequency of illness and acci­
dents at sea, there is a pressing need for measures on 
the safety of vessels and crews. 
4.3.1.2. Urgent measures are needed in the following 
areas: 
— construction and equipment standards, 
— health care on board, 
— assistance and rescue at sea, 
— instruction in safety procedures from the outset of 
training. 
4.3.1.3. The construction and equipment standards 
provided for in the current international conventions 
are highly relevant, even if they do not cover all catego­
ries of fishing vessel. 
4.3.1.4. Mention should here be made of the import­
ance of the 1977 International Convention on the safety 
of fishing vessels (IMCO, Intergovernmental Maritime 
Consultative Organization), concluded at Torremo-
linos. 
4.3.1.5. In its Opinion of 26 September 1984 on a 
proposal for a Council Decision on the ratification of 
the Torremolinos international convention (2), adopted 
unanimously, the Committee had the following to say 
about this Convention: 
'The ratification of the Torremolinos convention 
by all the Member States and the incorporation into 
national legislation of the measures necessary for 
implementing the Convention will thus constitute 
(') Opinion of 26 May 1981 on the Commission Communication 
to the Council on the social aspects in the Community sea 
fishing sector (OJ No C 189, 30. 7. 1981). 
(2) OJNoC307, 19. 11. 1984. the first Community move to harmonize social pro­
visions in the fishing industry.' 
4.3.1.6. It is deplorable that a convention dating 
from 1977 has still not been fully implemented in the 
Community. 
4.3.1.7. The Committee would draw attention to the 
fact that any delay by Member States in ratifying the 
Torremolinos convention perpetuates inequalities in 
safety standards and production costs. Consequently 
the Council must renew its request for the Member 
States to ratify or accede to this convention (3). 
4.3.1.7.1. Pending this, the Commission should 
incorporate the measures laid down in this convention 
in the Directives which it is preparing on safety, hygiene 
and health at the workplace. 
4.3.1.8. The Committee considers that it is necessary 
to ensure that all the Member States have consistent 
national standards for vessels of less than 24 meters. 
4.3.1.8.1. The Community should urge all the Mem­
ber States to adopt, on a common basis, national stan­
dards for the construction and safety of fishing vessels 
not covered by the international convention. 
4.3.1.9. The Committee considers that any measures 
to be taken in the field of health care on board and 
assistance and rescue at sea should aim to ensure that 
where sickness or injury occurs on a fishing vessel at 
sea, appropriate treatment is available prior to the 
arrival of a doctor. 
4.3.1.10. As sea fishermen are often out of reach of 
land-based health centres or hospitals for long periods, 
other measures would be very useful, such as: 
— training in first aid techniques, 
— the mandatory carrying of a medicine chest and a 
medical handbook on board all fishing vessels, 
— medical consultations by radio, 
— medical support vessels. 
4.3.1.11. The Committee would stress that the search 
for systematic cooperation between employers, workers 
and administration could help to further progress in 
the field of safety and accident prevention. 
4.3.1.12. The Committee recommends that the col­
lection of statistics be improved so that a better analysis 
can be carried out of these accidents. 
(3) Council Recommendation 80/907/EEC of 23 September 1980 
(OJ No L 259, 2. 10. 1980). 
12. 9. 88 Official Journal of the European Communities No C 237/5 
4.3.2. The various systems of remuner­
ation 
4.3.2.1. The Committee calls on the Commission to 
undertake a detailed analysis of the various systems of 
remuneration employed in the fishing industry, i.e.: 
— share in the catch 
— without guaranteed minimum, 
— with guaranteed minimum, 
— fixed wage, 
— fixed wage with share in the catch, 
— other. 
4.3.2.2. When a fisherman's remuneration does not 
reach a certain level as a result of the share-fishing 
system, he should receive a guaranteed minimum to 
cover his needs. 
4.3.2.3. In the Committee's view this socially desir­
able measure is not incompatible with the principles 
and objectives of share systems. It is in fact possible to 
adapt the principle of a guaranteed remuneration to 
share-fishing. Furthermore, the share-fishing or profit-
sharing system should be made more transparent. 
4.3.3.. Retirement rights 
4.3.3.1. The retirement rights of fishing industry 
workers should be studied at Community level with a 
view to possible alignment, taking into account the 
particular features of the sector. 
4.3.4. Annual holiday entitlement 
4.3.4.1. The Committee considers that a paid period 
of rest of land proportionate to the number of days 
spent at sea would be an important step towards placing 
fishermen on an equal footing with other workers. 
4.3.5. Improvements in living conditions 
4.3.5.1. It is necessary to analyze the living con­
ditions of fishermen and their families. The conclusions 
of such a study will probably lead to the adoption of 
Community measures in those areas where they are 
most urgently needed, e.g.: 
— access to decent housing and financing facilities for 
the purchase thereof, 
— communal leisure facilities, 
— cultural centres, 
— educational and vocational training centres, 
— financial assistance to families in the event of an 
accident. 4.3.5.2. These measures should help to raise the stan­
dard of living of fishermen and their families and to 
integrate them into the community. 
5. Conclusions 
5.1. Once again the Committee can only deplore the 
lack of a social component in the common fisheries 
policy, something which those working in the sector 
and the Committee have been calling for for many 
years. 
5.2. To be coherent the CFP (with its components 
resources, markets, structures) must be supplemented 
by a social policy which, if not mandatory, guides and 
coordinates measures. 
5.3. With this in mind the Committee: 
— reiterates the ESC's Opinion of 27 February 1985 (l), 
which states that: 
'The Committee urges the Commission to make 
every effort, once the social situation in the Com­
munity fisheries sector has been ascertained and 
analyzed, to make proposals which the Council can 
adopt in accordance with Articles 117 and 118 of 
the Treaty', 
— recommends the setting up of a European organiza­
tion to improve living and working conditions 
which would coordinate the measures adopted in 
this sector, encourage exchanges, review didactic 
material and launch information campaigns. 
5.4. The EC's new supply policy and the completion 
of the 'large internal market' by 1992 cannot fail to 
have social repercussions. By this date—besides the 
end of the transitional period—the freedom of move­
ment of individuals and of capital will be operative. 
How can this final phase be tackeld if no plans have 
been made? 
5.5. While recognizing that Community rules should 
not ignore the wide variety of local conditions in the 
sea fishing sector, the Committee considers that the 
1992 deadline for the completion of the internal market 
calls for the creation of an adequate and harmonized 
social framework within which the sea fishing sector 
can adapt to changing circumstances. 
5.6. In the field of external trade policy and particu­
larly where agreements with third countries are con­
cerned, account must also be taken of the economic 
(') OJ No C 104, 25. 4. 1985. 
No C 237/6 Official Journal of the European Communities 12. 9. 88 
and social consequences and a new approach adopted 
for the purpose of safeguarding the future of the Com­
munity fishing sector. 
5.7. Community preference must mean that pride of 
place is given to Community production, with imports 
being allowed only to meet additional or special needs 
Done at Brussels, 6 July 1988. 
1. Background to the proposed Regulation 
1.1. In the light of the package of measures agreed 
by the Council for air transport in December 1987, the 
Council agreed to empower the Commission to grant 
a group exemption from competition rules to certain 
inter-airline agreements. These were seen as being in 
the public interest under conditions which were left to 
be implemented by the Commission. The Commission 
decided to implement these exemptions by means of 
three Regulations, one of which is the subject of this 
Opinion. 
(') ESC Opinion (OJ No C 333, 29. 12. 1986, p. 27). 
(2) OJ No C 138, 28. 5. 1988, p. 3, and Council Regulation (EEC) 
No 3976/87, 14 December 1987 (OJ No L 374, 31. 12. 1987, 
p. 9). as in the processing sector where regular supplies of 
good quality products are required. 
5.8. The policies and actions of all the Community 
institutions must be guided by a firm belief in the geo­
political role of fishing and the importance for the 
Community of the presence of Community flags and 
crews on all the seas of the globe. 
The Chairman 
of the Economic and Social Committee 
Alfons MARGOT 
2. Main issues 
2.1. The main issues in the context of the application 
of the Treaty's rules on competition to air transport 
are: 
— the exemptions to be granted cover agreements 
between airlines relating to: 
— coordination of capacity, 
— sharing of revenue, 
— consultation on tariffs, 
— allocation of airport slots. 
2.2. The extent to which the Regulation would facili­
tate the expansion of air transport services within the 
Community, with particular reference to the com­
pletion of the internal market is an important issue. Additional Opinion (!) on the Commission Regulation applying Article 85 (3) of the EEC 
Treaty to certain categories of agreements, decisions and concerted practices concerning joint 
planning and coordination of capacity, sharing of revenue and consultations on tariffs in 
scheduled air services and slot allocation at airports (2) 
(88/C 237/02) 
On 22 March 1988 the bureau of the Economic and Social Committee, acting under the third 
paragraph of Article 20 of the rules of procedure, decided to prepare an Opinion on the 
abovementioned matter. 
The Section for Transport and Communications was responsible for preparing the Commit­
tee's work on the subject. The rapporteur was Mr Kenna. 
Since the Commission intended to adopt the Regulation in question at an early date, 
Mr Kenna was subsequently appointed rapporteur-general with the task of preparing a draft 
Opinion. 
At the 257th plenary session (meeting of 6 July 1988) the Economic and Social Committee 
adopted the following Opinion by a large majority with 3 abstentions.