on the progress of Member States' accession to the International Convention on Standards of Training, Certification and Watchkeeping for FishingVessel Personnel, of the International Maritime Organisation, according to Article 2 of Council Decision (EU) 2015/799

REPORT FROM THE COMMISSION TO THE COUNCIL

on the progress of Member States' accession to the International Convention on Standards of Training, Certification and Watchkeeping for FishingVessel Personnel, of the International Maritime Organisation, according to Article 2 of Council Decision (EU) 2015/799

1.Introduction

Council Decision (EU) 2015/799 of 18 May 2015 authorises Member States to become party, in the interest of the European Union, to the International Convention on Standards of Training, Certification and Watchkeeping for Fishing Vessel Personnel (STCW-F, hereafter ‘convention’), of the International Maritime Organisation (IMO), which was adopted on 7 July 1995 and entered into force on 29 September 2012. All EU Member States are members of the IMO.

This convention is a significant contribution not only to the protection of fishers but also to safer international shipping. It promotes the safety of life and property at sea, thereby also contributing to the protection of the marine environment. Since fishing at sea is one of the most hazardous professions, and fishing vessels and their crew are facing the same hazards and risks in the open seas as commercial seagoing vessels, appropriate training and qualifications are an essential means to reduce the number of accidents and to contribute to the safety and security of the crew on board, and to maritime safety.

Furthermore, the STCW-F Convention is also of great importance regarding the free movement of workers. Fishers might become more mobile having the possibility to work onboard of fishing vessels of all Member States Parties to the STCW-F Convention. Therefore, the harmonisation of their qualifications by the introduction of a common minimum level of training for fishing vessels personnel will not only improve safety at sea, but it will also further facilitate the free movement of workers. Moreover, it will establish a level playing field in the EU and also in relation to third countries.

At present, workers onboard fishing vessels are not protected in the same way as seafarers in the maritime shipping sector, which fall under the almost identical International Convention on Standards of Training, Certification and Watchkeeping for Seafarers of the IMO (STCW Convention). Whereas the STCW Convention has been ratified by 164 Contracting States all over the world, including all 28 EU Member States, and it has been implemented in EU law through Directives 2008/106/EC, 2009/16/EC and 2012/35/EC; the STCW-F Convention has been ratified by 26 Contracting States all over the world, of which only nine are EU Member States.

For these reasons, the EU social partners in sea fisheries through their Sectoral Social Dialogue Sea Fisheries have repeatedly highlighted the importance of implementing the international conventions on the safety and working conditions on board fishing vessels and asked Member States and the EU to take appropriate actions.

EU institutions have also showed their commitment in this regard in the framework of the EU's Ocean Governance initiative. Both the Council in its conclusions of 4 April 2017, and the European Parliament, in its resolution of 16 January 2018, call for promoting equal conditions on the labour market in the field of the sea and to ensure fair treatment, applying in an effective fashion the relevant international conventions, and establishing a harmonised social framework for maritime activities in EU waters.

In the light of the above, all Member States which have fishing vessels flying their flag, ports receiving seagoing fishing vessels which fall within the scope of the STCW-F Convention, or training institutions for fishing vessel personnel are strongly invited to become party to the convention. Moreover, third countries should also be encouraged to become Parties to the STCW-F Convention in order to promote safety and working conditions on board fishing vessels and to strive for a level playing field at global level.

2.Legal Basis