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Brussels,12 October 1992 
Amended proposal for a 
COUNCIL DIRECTIVE 
concerning the minimum health and 
safety requirements for work 
on board fishing vessels 
individual Directive 
,ithin the meaning of Article 16 of Directive 89/391/EEC 
(presented by the Commission pursuant to Article 149(3) 
of the EEC-Treaty) 
l?T 
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EXPLANATORY MEMORANDUM 
Further to the opinion delivered by the European Parliament at first 
reading on 8 July 1992, the Commission is presenting an amended proposal 
for a Directive in accordance with Article 149(3) of the EEC Treaty. The 
text embodies four types of amendment: 
a group of amendments to the recitals, the purpose of which is to 
bring out more clearly the connections with Commission policy and a 
European Parliament resolution; 
a group of amendments on the monitoring of safety measures on board 
ship; 
a series of amendments on the training of fishermen and persons 
likely to command a vessel; 
a group of amendments laying down certain minimum requirements. 
The amended Commission proposal has the same overall structure and aims 
as the original proposal, but certain provisions have been extended and 
made more specific. 
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ORIGINAL CONNISSION PROPOSAL AMENDED PROPOSAL 
PROPOSAL FOR A COUNCIL DIRECTIVE CONCERNING THE 
MINIMUM NEALTN AND SAFETY REQUIREMENTS FOR WORK 
ON BOARD FISHING VESSELS 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the 
European Economic Community, and in particular 
Article 118A thereof. 
Having regard to the Commission proposal, drawn 
up after consultation with the Advisory Committee 
on Safety, Hygiene and Health Protection at Work, 
In cooperation with the European Parliament, 
Having regard to the opinion of the Economic and 
Social Committee, 
Whereas the Commission communication in its 
programme concerning safety, hygiene and health 
at work"' provides for measures to make safety 
a more integral part of the design of vessels and 
the definition of tasks; 
Whereas the Council in its Resolution of 21 
December 1987 on safety, hygiene and health at 
work*2' noted the Commission's intention of 
submitting to it minimum requirements concerning 
the organization of the safety and health of 
workers at work; (Unless otherwise indicated in this column, the 
text is unchanged) 
Whereas compliance with the minimum requirements 
for ensuring a better level of safety and health 
on board fishing vessels is essential to ensure 
the safety and health of the workers concerned; 
Whereas, because of the particularly difficult 
working and living conditions on board fishing 
vessels, the incidence of fatal accidents among 
workers engaged in sea fishing is very high; Whereas occupational health and safety measures 
should be introduced as part of the various 
Community measures for the fisheries sector; 
Whereas, because of the specific and particularly 
difficult working and living conditions on board 
fishing vessels, the incidence of fatal accidents 
among workers engaged in sea fishing is very 
high; 
(1) OJ C 28 of 3.2.1988, p. 3 
(2) OJ C 28 of 3.2.1988, p. 1 
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ORIGINAL CONNISSION PROPOSAL AMENDED PROPOSAL 
Whereas this Directive is an individual Directive 
within the meaning of Article 16, paragraph 1.. of 
Council Directive 89/391/EEC of 12 June 1989<3> 
on the introduction of measures to encourage 
improvements in the safety and health of workers 
at work and that therefore the provisions of the 
latter are fully applicable to work on board 
fishing vessels, without prejudice to more 
stringent and/or specific provisions contained in 
the present Directive; 
Whereas the individual Directives already adopted 
in the field of safety and health at work apply, 
unless otherwise specified, to sea fishing and 
that therefore it may in some cases be necessary 
to specify the particular characteristics of this 
activity in order to ensure that the individual 
Directives are correctly applied; 
Whereas the Council Directive on the minimum 
health and safety requirements for improved 
medical treatment on board vessels (4) is 
applicable in full to the sea fishing industry; 
Whereas this Directive constitutes concrete 
progress towards the achievement of the social 
dimension of the internal market. 
HAS ADOPTED THIS DIRECTIVE: 
OBJECT 
Article 1 
1) This Directive, which is an individual 
Directive within the meaning of Article 16 of 
Directive 89/391/EEC, lays down minimum safety 
and health requirements applicable to work on 
board fishing vessels. Whereas, on 15 April 1988, the European 
Parliament adopted a resolution recognising the 
importance of the preventive aspects of safety at 
work on board fishing vessels; 
Whereas, for the health and safety of the workers 
concerned, prominence should be given to locating 
fishing vessels in an emergency, particularly 
through the use of new technologies; 
Whereas this Directive is an individual Directive 
within the meaning of Article 16<1) of Council 
Directive 89/391/EEC of 12 June 1989 on the 
introduction of measures to encourage 
improvements in the safety and health of workers 
at work (3); whereas the provisions of the latter 
are therefore fully applicable to work on board 
fishing vessels, without prejudice to more 
stringent and/or specific provisions contained in 
the present Directive; 
Whereas Council Directive 92/29/EEC on the 
minimum health and safety requirements for 
improved medical treatment on board vessels*** 
is applicable in full to the sea fishing 
industry; 
(3) OJ L 183 of 29.6.1989, p. 1 (4) OJ L 113 of 30.4.1992, p. 19 
- S-
ORIGINAL COMMISSION PROPOSAL 
2) The provisions of Directive 89/391/EEC are 
fully applicable to the field described in 
paragraph 1 without prejudice to more 
stringent and/or specific provisions contained 
in this Directive. 
DEFINITIONS 
Article 2 
For the purposes of this Directive, the following 
terms have the meanings hereby assigned to them: 
- fishing vessel (hereinafter called vessel): 
any vessel registered in a Member State or 
flying the flag of a Member State, used for 
catching or processing fish or other living 
resources from the sea, with a length between 
perpendiculars of 9m or over; 
fisherman: any worker within the meaning of 
Article 3 (a) of Directive 89/391/EEC carrying 
out an activity on board a fishing vessel, or 
any person who, in carrying out an activity on 
board, is subordinate to the captain of the 
vessel; 
- owner: the registered owner of a vessel, 
unless that vessel has been chartered by 
demise or is managed, either wholly or in 
part, by a natural or legal person other than 
the registered owner under the terms of a 
management agreement; in that case the owner 
shall be construed as the demise charterer or 
natural or legal person managing the vessel, 
as appropriate. 
GENERAL PROVISIONS 
Article 3 
The Member States shall take the measures 
necessary to ensure that: 
owners ensure that their vessels are fit for 
use, on the responsibility of the captain, in 
conditions, and in particular meteorological 
conditions, which do not endanger the health 
and safety of the fishermen; 
account is taken of any hazards faced by the 
rest of the crew when applying Article 8 (4) 
of Directive 89/391/EEC; 
any occurrences at sea which affect or could 
affect the health and safety of the fishermen 
on board ere described in a detailed report to 
be forwarded to the relevant maritime 
authorities and are recorded carefully and in 
detail in the ship's log, where the national 
regulations or legislation in force require 
such a log to be kept on the type of vessel in 
question. AMENDED PROPOSAL 
The Member States shall take the measures 
necessary to ensure that: 
owners ensure that their vessels are being 
used, on the responsibility of the captain, 
in conditions, and in particular 
meteorological conditions, which do not 
endanger the health and safety of the 
fishermen; 
2. any occurrences at sea which affect or could 
affect the health and safety of the fishermen 
on board are described in a detailed report 
to be forwarded to the relevant maritime 
authorities and are recorded carefully and in 
detail in the ship's log, or failing that, in 
a document required for this purpose. 
The Member States shall take the measures 
necessary to ensure that fishing vessels 
covered by this Directive are subject to 
regular controls which may be carried out, 
even at sea, by authorities specifically 
empowered to do so. 
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ORIGINAL COMMISSION PROPOSAL AMENDED PROPOSAL 
VESSELS COMMISSIONED FOR THE FIRST TIME 
Article 4 
Vessels commissioned for the first time on or 
after 1 January 1996 must comply with the minimum 
health and safety requirements laid down in 
Annexes I and III. 
However, the minimum requirements contained in 
Annex I shall apply to the vessels referred to in 
the previous paragraph only if there are no 
relevant Community provisions introduced pursuant 
to Article 100a of the Treaty which guarantee at 
least an equivalent level of protection. 
VESSELS ALREADY IN USE 
Article 5 
Vessels already commissioned before 1 January 
1996 must comply with the minimum health and 
safety requirements laid down in Annexes II and 
III within three years of that date. 
ALTERATIONS TO VESSELS 
Article 6 
Where vessels undergo structural alterations 
and/or transformations on or after 1 January 
1996, such alterations and/or transformations 
must comply with the relevant minimum 
requirements laid down in Annexes I and III. 
Article 7 
For the protection of the health and safety of 
workers, the Member States shall take the 
measures necessary to ensure that owners: 
- ensure that the vessels and their fittings and 
equipment, particularly those referred to in 
Annexes I and II, are technically maintained, 
and that any defects found which are likely to 
affect the health and safety of the fishermen 
are rectified as quickly as possible; 
- take measures to ensure that the vessels and 
all fittings and equipment are cleaned 
regularly in order to maintain an appropriate 
standard of hygiene; 
1" 
ORIGINAL COMMISSION PROPOSAL 
keep on board the vessel an adequate quantity 
of suitable emergency and survival equipment 
in good working order in accordance with the 
specifications given in Annex III; 
take account, when implementing the provisions 
of Directive 89/656/EEC(5), of the personal 
protective equipment specifications given in 
Annex IV. 
INFORMATION FOR FISHERMEN 
Article 8 
Without prejudice to the provisions of Article 10 
of Directive 89/391/EEC, the fishermen shall be 
informed of all measures to be taken regarding 
health and safety on board vessels. 
TRAINING OF FISHERMEN 
Article 9 
Without prejudice to Article 12 of Directive 
89/391/EEC, fishermen shall be given suitable 
training, in particular in the form of specific 
instructions, on health and safety on board 
vessels. 
The training shall cover in particular the use of 
emergency escape and survival equipment and, for 
the fishermen concerned, the use of fishing gear 
and hauling equipment and the use of various 
types of signs, including hand signals. AMENDED PROPOSAL 
DETAILED TRAINING 
Article 10 
Without prejudice to Article 5(3) of the Council 
Directive on the minimum health and safety 
requirements for improved medical treatment on 
board vessels, any person likely to command a 
vessel shall be given detailed training on: Without prejudice to Article 12 of Directive 
89/391/EEC, fishermen shall be given suitable 
training, including in particular specific and 
comprehensible instructions on health and safety 
on board vessels, including instructions on 
accident prevention. 
The training shall be subject to the necessary 
updating where this is required by changes in the 
activities on board. 
Without prejudice to Article 5(3) of Directive 
92/29/EEC, any person likely to command a vessel 
must possess adequate linguistic knowledge 
enabling them to communicate with the fishermen 
on board and shall be given detailed training on: 
(5) OJ L 393 of 30.12.1989, p. 18 
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ORIGINAL CONNISSION PROPOSAL 
the prevention of occupational accidents on 
board; 
vessel stability and maintenance thereof when 
laden and during fishing operations; 
radio navigation and communication. 
CONSULTATION AND PARTICIPATION OF WORKERS 
Article 11 
The consultation of fishermen and/or their 
representatives and their participation in 
discussions on the matters covered by this 
Directive and its annexes shall be in accordance 
with Article 11 of Directive 89/391/EEC. 
ADAPTATION OF THE ANNEXES 
Article 12 
Purely technical adaptations of the annexes to 
take account of: 
the adoption of directives in the field of 
technical harmonization and standardization 
concerning certain aspects of the field 
covered by this Directive; 
and/or: 
technical progress, changes in international 
regulations or specifications and new findings 
in the field of safety and health on board 
vessels; 
shall be adopted in accordance with the procedure 
laid down in Article 17 of Directive 89/391/EEC. 
FINAL PROVISIONS 
Article 13 
1. The Member States shall bring into force the 
laws, regulations and administrative 
provisions necessary to comply with this 
Directive by 1 January 1995 at the latest. 
They shall forthwith inform the Commission 
thereof. ANENDED PROPOSAL 
radio navigation and communication 
procedures. 
— ."à -
ORIGINAL COMMISSION PROPOSAL 
Any such laws, regulations and administrative 
provisions adopted by the Member States shall 
contain a reference to this Directive, or 
shall be accompanied by such a reference upon 
official publication. The Member States shall 
decide on this matter. 
2. The Member States shall communicate to the 
Commission the texts of the provisions of 
national law which they have already adopted 
or adopt in the field covered by this 
Directive. 
3. The Member States shall report to the 
Commission every five years on the practical 
implementation of the provisions of this 
Directive, indicating the points of view of 
employers and workers. 
The Commission shall inform the European 
Parliament, the Council, the Economic and 
Social Committee and the Advisory Committee on 
Safety, Hygiene and Health Protection at Work. 
Article 14 
This Directive is addressed to the Member States. 
Done at 
For the Council, 
The President 
ANNEX I 
MINIMUM SAFETY AND HEALTH REQUIREMENTS FOR 
FISHING VESSELS COMMISSIONED FOR THE FIRST TINE, 
AS REFERRED TO IN ARTICLES 4, 6 AND 7 OF THE 
DIRECTIVE 
(...) 
5. Fire detection and fire fighting 
5.1 Depending on the dimensions and use of the 
vessel, the equipment it contains, the 
physical and chemical properties of the 
substances, products and materials present 
and the maximum potential number of people 
present, the crew accommodation and 
interior workplaces including the fish-
hold, where necessary, must be equipped 
with appropriate fire-fighting equipment 
and, as necesesary, with fire detectors and 
alarm systems. AMENDED PROPOSAL 
The Member States shall report to the 
Commission every four years on the practical 
implementation of the provisions of this 
Directive, indicating the points of view of 
employers and workers. ' 
(...) 
5.1 Depending on the dimensions and use of the 
vessel, the equipment it contains, the 
physical and chemical properties of the 
substances, products and materials present 
and the maximum potential number of people 
present, the crew accommodation and interior 
workplaces including the engine-room and, 
where necessary, the fish-hold, must be 
equipped with appropriate fire-fighting 
equipment and, as necessary, with fire 
detectors and alarm systems. 
_ \o-
ORIGINAL COMMISSION PROPOSAL 
ANNEX II 
MINIMUM SAFETY AND HEALTH REQUIREMENTS FOR 
FISHING VESSELS ALREADY IN USE, AS REFERRED TO IN 
ARTICLES 5 AND 7 OF THE DIRECTIVE 
(...) 
3. Electrical installations 
Electrical installations must be designed and 
constructed so as not to present any danger 
and so as to provide: 
- protection for the crew and vessel from 
electrical hazards; 
- the services necessary to maintain the 
vessel in normal operational and habitable 
conditions without having recourse to an 
emergency power supply, and 
the services essential for safety if the 
main electrical power source fails. 
An emergency source of electrical power 
must be provided outside the engine room 
and be so arranged as to ensure its 
functioning in the event of fire or other 
causes of failure of the main electricity 
supply. 
(...) 
5. Fire detection and fire fighting 
5.1 Depending on the dimensions and use of the 
vessel, the equipment it contains, the 
physical and chemical properties of the 
substances, products and materials present 
and the maximum potential number of people 
present, the crew accommodation and 
interior workplaces including the fish-
hold, where necessary, must be equipped 
with appropriate fire-fighting equipment 
and, as necesesary, with fire detectors and 
alarm systems. 
ANNEX III 
MINIMUM SAFETY AND HEALTH REQUIRENEMTS CONCERNING 
THE EMERGENCY ESCAPE AND SURVIVAL EQUIPMENT 
REFERRED TO IN ARTICLES 4, 5, 6 AND 7 
(...) 
2. Every vessel must carry sufficient life rafts 
or lifeboats to accommodate everyone on board, 
and they must be located in places from which 
they can be launched safely simply by 
dropping, without any vertical or horizontal 
obstacles between them and the water; it must 
also be possible to board them easily, quickly 
and safely. AMENDHO . W3"M 
(...) 
An emergency source of electrical power must 
be provided outside or suitably separate from 
the engine room and be so arranged as to 
ensure its functioning in the event of fire 
or other causes of failure of the main 
electricity supply. 
(...) 
5.1 Depending on the dimensions and use of the 
vessel, the equipment it contains, the 
physical and chemical properties of the 
substances, products and materials present 
and the maximum potential number of people 
present, the crew accommodation and interior 
workplaces including the engine-room and, 
where necessary, the fish-hold, must be 
equipped with appropriate fire-fighting 
equipment and, as necessary, with fire 
detectors and alarm systems. 
(...) 
Every vessel must carry sufficient life rafts 
or lifeboats to accommodate everyone on 
board, and they must be located in places 
from which they can be launched safely and 
quickly, without any vertical or horizontal 
obstacles between them and the water; it must 
also be possible to board them easily, 
quickly and safely. 
ISSN 0254-1475 
COM(92) 409 final 
DOCUMENTS 
EN 05 04 03 
Catalogue number : CB-CO-92-426-EN-C 
ISBN 92-77-47726-1 
Office for Official Publications of the European Communities 
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