Proposal for a COUNCIL DIRECTIVE concerning the minimum safety and health requirements for work on board fishing vessels - 10th individual Directive within the meaning of Article 16 (1) of Directive 89/391/EEC
Date: 1991-12-03
Institutions: European Commission
Subjects: crew, fishing vessel, occupational health, occupational safety, worker information

COMMISSION  OF THE EUROPEAN  COMMUNITIES 

C0M(91) 466 final  - SYN 369 

Brussels, 27 November 1991 

Proposal  for a 

COUNCIL PI RECTI YE 

concerning  the minimum  safety  and health  requirements 

for  work on board  fishing  vessels 

10th  individual  Directive  within  the meaning of Directive  89/391/EEC 

(presented  by the Commission) 

- 2 -

EXPLANATORY MEMORANDUM 

Proposal  for a Council Directive concerning safety and health at work 

on board fishing vessels. 

1)  LEGAL BASIS 

The proposal  is based on Article 118a of the EEC Treaty and takes the 

form of an  individual  Directive within the meaning of Article 16 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 the workplace^1), the Annex  to which specifically mentions the 

f ish ing industry. 

In its Communication on  its programme concerning safety, hygiene and 

health at work^2) the Commission pointed out that fishing was a high-

risk sector because of the particularly  high  incidence of serious 

accidents.  The measures announced by the Commission  in its 

Communication were noted by the Council  in its Resolution of 21 

December  1987(3). 

(1) OJ L 183 of 29.6.1989, pp. 1 and 59 

(2) OJ C 28 of 3.2.1988, pp. 3-8 

(3) OJ C 28 of 3.2.1988, pp. 1-2 

-  3 -

The proposal  forms part  of  the action planned  to cater  for  the social 

aspects of  the completion of  the  internal  market^4) and  is one of  the 

initiatives  referred  to by  the Commission  in the Communication on  its 

action  programme  relating  to the  implementation of  the Community 

Charter  of  Basic  Social  Rights  for  Workers^5). 

2)  AIMS OF  THE  PROPOSAL 

The  proposal  applies  to all  vessels over 12 m  long, which  in practice 

means  all  vessels operated  by more  than one person.  Its aims are as 

fol lows: 

to  lay down minimum  health  and safety  requirements  for  fishing 

vessels  as special  workplaces, since  these are excluded  from  the 

scope of  Council  Directive 89/654/EEC<6>  of  30.11.1989  (1st 

individual  Directive); 

(4) White  paper  - C0M(85) 310 final 

(5) C0M(89) 568  final 

(6) OJ  L 393 of  30.12.1989, pp.  1-12 

_ 4 -

to  promote  better  health  and  safety  conditions  on  board,  by 

requiring  external,  and  in  particular  meteorological,  conditions  to 

be  taken  into  account,  and  compliance  with  specific  minimum 

requirements  during  work; 

to  cater  for  the  free  movement  of  workers  in  the  fishing  sector  by 

laying  down  general  training  criteria  for  health  and  safety  on 

board  and  the  use  of  emergency  escape  and  survival  equipment,  and 

by  providing  for  detailed  training  for  any  person  likely  to  command 

a  vesse I ; 

to  promote  the  provision  on  board  of  suitable  emergency  escape  and 

survival  equipment  and,  for  vessels  working  away  from  the  coast, 

position-indicating  equipment  for  use  in  the  event  of  shipwreck; 

finally,  to  promote  the  use  on  board  of  appropriate  personal 

protective  equipment  for  the  specific  requirements  of  work  at  sea. 

-  5 -

3)  THE PROPOSAL  IN RELATION TO EXISTING NATIONAL  LEGISLATION  AND 

INTERNATIONAL  CONVENTIONS 

a)  All  coastal  Member  States have  legislation  covering  certain  aspects 

of  the  health  and  safety  of  fishermen. 

Most  of  this  is based on  international  provisions: 

the  International  Maritime Organization's  International 

Convention  for  the Safety  of Life at  Sea  (1974); 

the Protocol  of  1978 relating  to the  International  Convention 

for  the Safety  of  Life  at Sea, 1974; 

International  Labour  Organization  (ILO) Convention  No  125 

concerning  Fishermen's  Certificates of  Competency; 

the Torremolinos Convention  on  the Safety  of  Fishing  Vessels 

(IMO)  (1977); 

and  the  1974 Safety  and  health  requirements  for  the  construction 

and  equipment  of  fishing  vessels, drawn up  jointly  by  the  IMO, the 

ILO and  the  FAO  (Food  and Agriculture  Organization). 

-  6  -

In  this  context  it  should  be  pointed  out  that  ILO  Convention  125 

and  the  Torremolinos  Convention  have  been  ratified  and  transposed 

into  national  law  by  only  a  limited  number  of  Member  States  (3  and 

7  respectively).  Most  countries  have  legislation  which  takes 

account  of  at  least  part  of  one  or  other  of  these  Conventions.  It 

should  also  be  noted  that  the  Torremolinos  Convention  applies  only 

to  vessels  over  24  m  and  has  not  come  into  force  because  the 

countries  which  have  ratified  it  do  not  account  for  sufficient 

tonnage  as  laid  down  in  the  Convention.  There  are  plans  to  revise 

the  Convention  to  make  some  of  its  provisions  applicable  to  vessels 

over  55  m  only. 

These  international  conventions  and  the  related  secondary 

legislation  in  the  Member  States  deal  mainly  with  the  intrinsic 

safety  of  vessels  or  emergency  equipment,  rather  than  health  and 

safety  at  work,  and  it  is  therefore  this  latter  area  which  the 

Commission  particularly  wishes  to  cover. 

Furthermore,  the  proposal  will  not  affect  current  work  on  revising 

the  Torremolinos  Convention,  provided  that  it  guarantees  at  least 

an  equivalent  level  of  safety  and  protection  for  workers.  In  this 

context,  the  Commission  reserves  the  right  to  take  measures  to 

ensure  that  the  Convention  or  similar  provisions  are  applied  as 

widely  as  possible  to  fishing  vessels  in  the  Community. 

- 7 -

b)  There  are  therefore  major  discrepancies  in the  national 

legislations of  the different  Member  States with  regard  to the 

provisions  contained  in this proposal.  An  analysis  shows  that  the 

legislation  in many  Member  States covers  vessels over  a certain 

length  only,  and  this can  vary  from one country  to another. 

Some Member  States  have  no specific  provisions  at  all  on  some of 

the  aspects  covered  by  this proposal,  in particular  health  and 

safety  training  for  fishermen. 

c)  The  proposal's  provisions on  information,  training,  consultation 

and  participation  for  fishermen  contain  elements  which  relate 

specifically  to  the  fishing  industry,  but  take  the  same  form  as 

those  contained  in Directive  89/391/EEC  and  individual  Directives 

89/654/EEC,  89/655/EEC<7>, 89/656/EEC<8>, 90/269/EEC<9) and 

90/270/EEC(1°) and  the current  proposal  for  a Council  Directive 

concerning  the minimum  requirements  for  the provision  of  safety 

and/or  health  signs  at  work^1 1). 

(7) OJ  L 393 of  30.12.1989, pp.  13-17 

(8) OJ  L 393 of  30.12.1989, pp.  18 and  59 

(9) OJ  L  156 of  21.06.1990, pp.  9-13 

(10) 0J  L  156 of  21.6.1990, pp.  14 and  59 

(11) OJ  C 53 of  28.2.1991, pp. 46-64 

-  8 -

These new provisions  could  therefore  be  incorporated  into national 

legislation  in the same way; Member  States which  have  already 

transposed  the Directives  referred  to above will  have  some 

experience  in the matter. 

4)  CHARACTERISTICS OF THE  PROPOSAL 

a)  This  proposal  is based on Article  118a of  the EEC Treaty  and  is 

intended  to establish  minimum  health  and  safety  requirements  for 

work  in the  fishing  industry. 

b)  The proposal  is for  an  individual  Directive  within  the meaning of 

Article  16 of  Directive  89/391/EEC, which  established  a new  legal 

framework.  This means  that  a number  of  the  recitals, the  provisions 

on  information,  training, consultation  and  participation  for 

workers  (in  this case  fishermen) and  the  final  provisions  have all 

been  drafted  in accordance  with  similar  provisions  contained  in 

Directive  89/391/EEC  and/or  the  individual  Directives  referred  to 

in paragraph  3 c ). 

-  9  -

For  the  same  reasons  the  definitions  given  in Article  3  of 

Directive  89/391/EEC  also  apply  to  the  new  proposal  and  have  not 

been  repeated. 

c)  Article  4  of  the  proposal  contains  provisions  to  ensure  consistency 

with  any  other  Directives  covering  fishing  vessels  or  the  equipment 

on  board  adopted  pursuant  to  Article  100a. 

d)  The  minimum  requirements  proposed  were  taken  from  or  based  on  the 

international  conventions  referred  to  in  paragraph  3  a ).  The  aim 

of  the  proposal  is  to  extend  and  harmonize  existing  provisions  in 

the  field  rather  than  to  introduce  completely  new  provisions. 

However,  since  the  international  conventions  do  not  cover  safety 

and  working  conditions  in  the  fishing  industry,  new  provisions  have 

been  introduced  on  workstation  design,  work  organization,  living 

conditions  on  board,  suitable  health  and  safety  training  for 

fishermen  and  detailed  health  and  safety  training  for  anyone  likely 

to  command  a  vessel. 

-  10 -

5)  CONSULTATION OF THE PARTIES CONCERNED 

Experts, government  representatives and  representatives of workers' and 

employers' organizations were consulted  by  the Commission  and  were 

involved  in the preparation of  the proposal.  In particular  the  Joint 

Committee on  Social  Problems  in Sea  Fishing was  invited  to comment, and 

its observations  were  taken  into account  in the drafting  of  this 

proposal. 

The Advisory  Committee on  Safety, Hygiene  and  Health  Protection  at Work 

(set  up  by Council  Decision  74/325/EEC of  27.6.1974(12) ) was  also 

consulted  and  issued  a generally  favourable opinion, which  was  taken 

into account  in the drafting of  the proposal. 

6)  DESCRIPTION OF THE ARTICLES OF AND ANNEXES  TO THE  PROPOSAL 

Articles  1 and  2 contain  general  provisions  describing  the object 

of  the Directive  and  its scope  and giving  various  definitions. 

(12) OJ  L  185 Of  9.7.1974,  p. 15 

-  11  -

Articles  3-7  lay  down  obligations  for  vessel  owners  for  the 

protection  of  the  health  and  safety  of  fishermen: 

while  the  vessel  is  in  use  (Article  3 ), 

when  the  vessel  is  fitted  out,  for  new  vessels  (Article  4 ), 

vessels  already  in  use  (Article  5)  or  vessels  undergoing 

alterations  (Article  6 ), 

when  the  vessel  is maintained  (Article  7 ). 

Article  8  deals  with  information  on  health  and  safety  for 

f ishermen. 

Article  9  deals  with  health  and  safety  training  for  fishermen. 

Article  10  relates  to  detailed  health  and  safety  training  for  any 

person  likely  to  command  a  vessel. 

Article  11  relates  to  the  consultation  and  participation  of 

f ishermen. 

Article  12  describes  the  procedure  for  adapting  the  annexes. 

Article  13  and  14  contain  the  final  provisions. 

Annex  I  lays  down  minimum  health  and  safety  requirements  for 

fishing  vessels  commissioned  for  the  first  time  or  altered  or 

transformed  on  or  after  1  January  1995. 

-  12  -

Annex  II  lays down minimum  health  and  safety  requirements  for 

vessels  commissioned  before  1 January  1995. 

Annex  III  lays down minimum  health  and  safety  requirements 

concerning  emergency  escape  and  survival  equipment. 

Annex  IV  lays down  specific  health  and  safety  requirements  for 

personal  protective equipment  used  at  sea. 

Ill IP 1 
life-

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-<\T>-

Proposal  for a 

COUNCIL  DIRECTIVE 

concerning  the minimum  safety  and health  requirements 

for  work  on board  fishing  vessels 

COUNCIL  OF* THE  EUROPEAN  COMMUNITIES, 

Having  regard  to  the Treaty  establisning  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^1) 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; 

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; 

,  :]r-

11": 

(•:! 

*: : :: 

NI +'! 

111 

(1) OJ  C 28 of  3.2.1988, p. 3 

(2) OJ  C 28 Of  3.2.1988, p. 1 

- 1S  -

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  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  *he social  dimension  of  the  internal  market, 

HAS ADOPTED  THIS  DIRECTIVE: 

(3) OJ  L  183 of  29.6.1989, p. 1 

(4) OJ  C  183 of  24.7.1990, p. 6 

IP! 

- < A É> 

OBJECT 

Art icle 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. 

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. 

DEFINITION 

Art icle  2 

For  the  purposes  of  this  Directive,  the  following  terms Jiave  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  12  m  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 

Art icle 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  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, where  the 

national  regulations or  legislation  in force  require  such  a  log  to 

be kept  on  the  type of  vessel  in question. 

, < ! «-

VESSELS COMMISSIONED  FOR THE FIRST TIME 

Art icle 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 

Art icle 5 

Vessels  already  commissioned  before  1 January  1996 must  comply  with  the 

minimum  health  and  safety  requirements  laid down  in Annexes  II and  Ml 

within  three  years of  that date. 

ALTERATIONS TO VESSELS 

Art icle 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. 

Art icle  7 

-  19  -

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; 

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 

8 9 / 6 5 6 / E E C ^ ),  of  the  personal  protective  equipment  specifications 

given  in  Annex  IV. 

(5)  OJ  L  393  of  30.12.1989,  p.  18 

4s£> -

INFORMATION  FOR  FISHERMEN 

Art icle 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 

Art icle 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. 

DETAILED  TRAINING 

Art icle  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 

deta i led  training on: 

the prevention  of occupational  accidents on  board; 

vessel  stability  and maintenance  thereof  when  laden and  during 

f ishing operat ions; 

radio navigation  and  communication. 

CONSULTATION AND PARTICIPATION OF  WORKERS 

Art icle 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 Direct ive; 

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 

Art icle  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. 

Any  such  laws, regulations and  administrative provisions  adopted  by 

the Member  States  shall  contain  a reference  to  this Directive, or 

Z3  -

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. 

Art icle  14 

This  Directive  is  addressed  to  the  Member  States. 

Done  at 

For  the  Counc i I, 

The  President 

. 

* v-

ANNEX 

MINIMUM  SAFETY AND  HEALTH REQUIREMENTS FOR  FISHING VESSELS 

COMMISSIONED  FOR THE  FIRST TIME, AS REFERRED  TO  IN 

ARTICLES 4, 6 AND 7 OF THE DIRECTIVE 

1. 

Preliminary  note 

The obligations  laid down  in this Annex  apply  whenever  required 

by  the  features of  the workplace, the activity,  the 

circumstances or  a hazard  foreseeable  on  board  a  fishing 

vesse I . 

2. 

Stability  and  solidity 

2.1. 

The  hull, deckhouse  superstructures, trunks, engines, 

companionways and other  structures of  the vessel, together  with 

its fittings, must  be sufficiently  solid  to enable  it to 

withstand  all  foreseeable  conditions  in the  service  for  which 

it  is  intended. 

2.2. 

If a vessel  is  intended  for use  in  ice,  its hull  must  be 

strengthened  to take account  of  the anticipated  sailing 

conditions and  the area of  deployment. 

2.3. 

All  vessels must  be sufficiently  stable when  intact  in the 

conditions of  service  for which  they  are  intended. 

- < 2 5-

2.4. 

Any  person  likely  to command  a vessel  must  be  familiar  with  the 

parameters  governing  the stability  of  that  vessel  so  that  he 

can maintain  stability  at  all  times when  the vessel  is  laden 

and  during  fishing  operations.  Information on  the  vessel's 

stability  must  be  available on board  and must  be accessible  to 

the men  on  watch. 

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  faiIs. 

-  IQ 

. 

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. 

The emergency  source must  be capable of  providing  power 

simultaneously  for: 

internal  communication equipment, fire detection  systems 

and  signals which may  be  required  in an  emergency; 

the navigation  lights  if solely  electrical  and  the 

emergency  lights aboard; 

the emergency  fire pumps or  bilge pump, where  present, 

for  at  least  three  hours, to give  the  rescue  services  time to 

reach  the vesse I . 

Main  and emergency  switchboards must  be  located  in different 

places  so  that  they  cannot  all  be accidentally  exposed  to 

flooding or  f i re. 

4. 

Emergency  escape  routes and exits 

4.1. 

Emergency  escape  routes and exits must  remain  clear  and  lead as 

directly  as possible  to the open deck or  to a safe  area  and 

thence  to the survival  craft  so that  fishermen  can  evacuate 

workstations  and  living quarters quickly  and  safely. 

4.2. 

The  number, distribution and dimensions of  the emergency  escape 

routes  and exits must  depend on  the maximum  potential  number  of 

persons  present. 

.  -  2 3-

4.3. 

Emergency  doors  and  other  emergency  exits  must  be  adequately 

watertight  and  fire  resistant  for  their  location  and  particular 

funct ion. 

Emergency  doors  should  be  operable  from  both  sides  easily  and 

immediately  by  any  person  who  may  require  to  use  them  in  an 

emergency. 

4.4. 

Specific  emergency  escape  routes,  facilities  and  exits  must  be 

indicated  by  signs  in  accordance  with  national  regulations 

transposing  Directive  77/576/EEC^6^  into  law. 

Signs  must  be  placed  at  appropriate  points  and  be  made  to  last. 

4.5. 

The  emergency  escape  routes,  facilities  and  exits,  and  the 

traffic  routes  and  doors  giving  access  to  them,  must  be  free 

from  obstruction  so  that  they  can  be  used  at  any  time  without 

h indrance. 

(6) OJ  L  229  of  7.9.1977,  p.  12 

4.6. 

Emergency  escape  routes, facilities and exits  requiring 

illumination must  be provided  with emergency  lighting of 

adequate  intensity  in case  the  lighting  fails. 

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 necessary, with  fire detectors  and  alarm  systems. 

5.2. 

Non-automatic  fire  fighting  equipment  must  be easily  accessible 

and  simple  to use. 

The  equipment  must  be  indicated  by  signs  in accordance  with  the 

national  regulations  transposing  Directive  77/576/EEC  into  law. 

Such  signs must  be placed  at appropriate  points  and  be made  to 

last. 

6. 

Ventilation of enclosed  workplaces 

Steps must  be  taken  to see  to  it that  there  is sufficient  fresh 

air  in enclosed  workplaces, having  regard  to  the working 

methods used  and  the physical  demands  placed  on  the  fishermen. 

If a ventilation  system  is used,  it must  be maintained  in 

working  order. 

Any  breakdown  must  be  indicated  by  a control  system  where  this 

is necessary  for  fishermen's  health. 

-3o  -

7. 

Room  temperature 

The  temperature  in  living  quarters, working  areas, sanitary 

facilities and  first-aid  rooms must  be appropriate  to  the 

particular  purpose of  such areas. 

8. 

Natural  and  artificial  lighting of working  areas 

8.1. 

Where  workplaces  do not  receive  sufficient  natural  light  they 

must  be equipped  with  artificial  lighting  suitable  for  the 

operation  in hand, without  placing  the  fishermen's  safety  and 

health  in danger  or  Jeopardizing  other  vessels. 

8.2. 

Lighting  installations  in areas containing  workplaces, stairs, 

ladders, and  in passageways must  be placed  in such  a way  that 

there  is no  risk  of  accident  to  the  fishermen  and  no  hindrance 

to  the navigation  of  the vessel. 

8.3. 

Workplaces  in which  fishermen  are especially  exposed  to risks 

in the event  of  failure of  artificial  lighting  must  be  provided 

with  emergency  lighting of  adequate  intensity. 

9. 

Floors, walls  and  ceilings of  rooms 

9.1. 

The  floors of  workplaces must  be provided  with  non-slip 

surfacing  and  kept  clear  and  free of obstacles. 

Rooms  containing  workstations must  be adequately  insulated  and 

soundproofed,  bearing  in mind  the  type of  tasks  involved  and 

the physical  activity  of  the  fishermen. 

-  3/  -

9.2. 

The  surface  of  floors, walls  and  ceilings  in workplaces  must  be 

such  that  they  can be cleaned  or  refurbished  to an  appropriate 

standard  of  hygiene. 

10. 

Doors 

10.1 

The  position  and  number  of doors  in watertight  bulkheads  and 

weatherproof  enclosed  superstructures  should  be  reduced  to the 

minimum  compatible  with  the general  arrangement  and  operational 

needs  of  the  fishing  vessel; openings must  be  fitted  with 

appropriate  means of  sealing  them off. 

- 32.  . 

10.2 

Doors  and  in particular  sliding doors, where  such  have  to be 

used, must  function without  risk of  accident  to the  fishermen, 

especially  in adverse weather  and  sea conditions. 

11. 

Traffic  routes - danger  areas 

11.1 

Passageways, trunks, the outer  part  of  deckhouses  and all 

traffic  routes  in general  must  be equipped  with  guard  rails, 

grab  rails and  lifelines or other  means of  ensuring  the safety 

of  the crew  in the course of  its activities on  board. 

Traffic  areas around  the  foot  and  the  top of  ladders and 

stairways must  be provided  with  non-slip  surfacing. 

11.2 

Fixed  ladders  and  stairways must  be of  adequate  size and 

strength, with  non-slip  rungs and  steps and  handrails.  If the 

top of  the  ladder  on  the upper  deck  leads  into a trunk, a 

landing  shall  be provided.  If the  ladder  leads onto an opening 

on  the upper  deck,  the hand-rails must  be extended  to meet  the 

guard  rail  protecting  the opening  on  the upper  deck. 

11.3 

If there  is a risk  that  fishermen may  fall  through  openings  in 

the deck, or  from one  deck  to another, adequate  protection 

should  be provided, wherever  possible  in the  form of  guard 

rails of  adequate  height  (in all  cases over  1  m ). 

11.4 

Effective  bulwarks must  be  installed on  all  exposed  parts of 

the working  deck of  an adequate  height  to protect  the crew  from 

water  washing  onto  the deck, taking  into account  the state of 

the sea  and  the weather  conditions  in which  the vessel  may  be 

-  33 

-

used.  The  bulwarks  must  be  fitted  with  scuppers  or  other 

similar  devices  to enable  water  to  drain  away  quickly. 

Fixed  bulwarks  must  be  high  enough  to  protect  fishermen  from 

falls  and  in all  cases  higher  than  750  mm. 

However,  if  bulwarks  of  such  a  height  may  constitute  a 

hindrance  to  fishing  operations  on  any  part  of  the  deck,  other 

arrangements  must  be made  providing  the  same  degree  of  safety. 

11.5 

Access  to  installations  above  the  deck  for  operation  or 

maintenance  purposes  must  be  such  as  to  ensure  the  safety  of 

the  crew.  Guard  rails  or  similar  devices  of  appropriate  height 

must  be  provided  to  prevent  falls. 

11.6 

On  stern  trawlers  with  ramps,  the  ramp  must  be  fitted  with  a 

gate  or  other  means  of  securing  it of  the  same  height  as  the 

adjacent  bulwarks,  to  protect  seamen  from  water  entering  from 

the  stern  and  from  the  risk  of  falling  into  the  ramp.  This  gate 

or  other  device  must  be  easily  opened  and  closed,  preferably  by 

remote  control,  must  only  be  open  for  hauling  in  the  net  and 

must  be  capable  of  being  shut  as  soon  as  the  trawl  has  been 

hoisted  on  board. 

- 3^. 

12. 

Layout  of  the workstations 

12.1 

Non-slip  flooring must  be provided  in the  fishing  gear  and 

catch  handling  areas, the engine  room, the workshops, the 

galley  and other  working areas. 

12.2 

Working  areas must  be kept  clear, must  be protected  against  the 

sea  and must  provide  adequate  protection  for  seamen  against 

falling  on board or  overboard. 

Handling  areas must  be sufficiently  spacious,  in terms of  both 

height  and  surface area. 

12.3 

The  vessel's  engines must  be controlled  from  a room which  is 

separate,  insulated  and  soundproofed  from  the engine  room, and 

which  must  be accessible  without  entering  the  latter. 

12.4 

The  controls  for  the hauling  gear  must  be  installed  in an area 

sufficiently  large  to enable operators  to work  unhindered. 

The  hauling gear  must  also have automatic stop  facilities to 

prevent  improper  use, and emergency  stop  facilities. 

12.5 

The  hauling gear  operator  must  have an adequate  view of  the 

hauling gear  and  the men  at work. 

If the hauling gear  is controlled  from  the bridge, the operator 

should  also have a clear  view of  the men  at work, either 

directly  or  via  any other  suitable  medium. 

(6) 

-  3S  -

12.6 

A  reliable  communication  system  must  be  used  between  the  bridge 

and  the  working  deck. 

12.7 

Contact  with  bare  ropes  and  warps  and  with  moving  parts  of  the 

equipment  must  be  minimized  by  installing  protective  devices. 

Controls  must  be  installed  for  moving  masses,  particularly  on 

trawlers  : 

-  devices  to  immobilize  the  otter  boards, 

-  devices  to  control  the  swinging  motion  of  the  codend. 

^ 3 6-

13. 

Accommoda t i on 

13.1 

The  location, design, soundproofing  and  insulation of  the 

crew's accommodation and  facilities and  the access  thereto 

should  be such  as  to provide  adequate  protection  against 

weather  and  sea, vibration  and  the effects of  speed  and  against 

unpleasant  odours  from other  parts of  the vessel  likely  to 

disturb  the  fishermen  during  their  period  of  rest. Appropriate 

measures  should  be  taken  to protect  non-smokers  against 

discomfort  caused  by  tobacco smoke. 

13.2 

The  crew's  accommodation  should  be properly  ventilated  to 

ensure  a constant  supply  of  fresh  air  and  prevent  condensation. 

Appropriate  lighting must  be provided  in the crew quarters, 

with: 

adequate  normal  general  lighting 

reduced  general  lighting  to avoid  disturbing  fishermen  who 

are  rest ing 

local  lighting  in each berth. 

13.3 

The galley  and mess should  be of  adequate  size, adequately  lit 

and  ventilated  and easy  to maintain  to appropriate  standards of 

hygiene. 

A  storeroom  of  adequate size should  be provided  and  should  be 

ventilated  to ensure  it  is kept  fresh  and  dry. 

Refrigerators or other  low temperature  food  storage  equipment 

must  be  provided. 

14. 

Sanitary  facilities 

Hot  showers should be provided on vessels equipped  with  crew 

quarters. The sanitary  facilities, washbasins  and  showers, 

where  appropriate, must  be properly  installed, equipped  and 

ventilated. Toilets must  be provided, and  should  be  in a 

separate  room  from  the other  sanitary  faciIities.The  sanitary 

facilities must  be accessible  directly  from  the crew  quarters 

without  having  to go out on deck. 

15. 

Accommodation  ladders and  gangways 

An  accommodation  ladder, gangway  or other  similar  equipment 

providing  an appropriate, safe means of  boarding  the vessel 

must  be  ava i lable. 

16. 

Noise 

Without  prejudice  to national  regulations  transposing  Directive 

86/188/EEC^7^  and  applicable  to workers at work, noise  levels 

in the  crew quarters  (particularly  cabins) and  the  sanitary 

facilities must  be compatible with  the purpose  for  which  such 

areas are used. 

(7) OJ  L  137 of  24.5.1986 

-  3%-

ANNEX  I I 

MINIMUM  SAFETY AND HEALTH REQUIREMENTS  FOR  FISHING  VESSELS 

ALREADY  IN USE, AS REFERRED TO  IN ARTICLES 5 AND 7 OF THE  DIRECTIVE 

1. 

Preliminary  note 

The obligations  laid down  in this Annex  apply whenever  required 

by  the  features of  the workplace, the activity,  the 

circumstances or  a hazard  foreseeable on board  a  fishing 

vessel . 

2. 

StabiIity  and  solidity 

2.1. 

The  hull, deckhouse  superstructures, engine  casing, 

companionways  and other  structures of  the vessel, together  with 

its fittings, must  be sufficiently  solid  to enable  it to 

withstand  all  foreseeable  conditions  in the service  for  which 

it  is  intended. 

2.2. 

If a vessel  is  intended  for use  in  ice,  its hull  must  be 

strengthened  to take account  of  the anticipated  sailing 

conditions and  the area of  deployment. 

2.3. 

All  vessels must  be sufficiently  stable when  intact  in the 

conditions of  service  for which  they  are  intended. 

-  39-

2.4. 

Any  person  likely  to command  a vessel  must  be  familiar with  the 

parameters  governing  the stability  of  that  vessel  so  that  he 

can maintain  stability  at all  times when  the vessel  is  laden 

and  during  fishing operations.  Information  on  the  vessel's 

stability  must  be available on board  and must  be accessible  to 

the men on watch. 

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  fa iIs. 

.  q o-

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. 

The  emergency  source  must  be  capable  of  providing  power 

simultaneously  for: 

internal  communication  equipment,  fire  detection  systems 

and  signals  which  may  be  required  in  an  emergency; 

the  navigation  lights  if  solely  electrical  and  the 

emergency  Iights  aboard; 

the  emergency  fire  pumps  or  bilge  pump,  where  present, 

for  at  least  three  hours,  to  give  the  rescue  services  time  to 

reach  the  vesseI. 

Main  and  emergency  switchboards  must  be  located  in  different 

places  so  that  they  cannot  all  be  accidentally  exposed  to 

flooding  or  f ire. 

- If  4-

4. 

Emergency  escape  routes and exits 

4.1. 

Emergency  escape  routes and exits must  remain clear  and  lead as 

directly  as possible  to the open deck or  to a safe area  and 

thence  to the survival  craft  so that  fishermen  can  evacuate 

workstations  and  living quarters quickly  and  safely. 

4.2. 

The  number, distribution  and dimensions of  the emergency  escape 

routes  and  exits must  depend on  the maximum  potential  number  of 

persons  present. 

4.3. 

Emergency  doors  and other  emergency  exits must  be  adequately 

watertight  and  fire  resistant  for  their  location  and  particular 

funct ion. 

Emergency  doors should  be operable  from  both  sides easily  and 

immediately  by any  person who may  require  to use  them  in an 

emergency. 

- V - e-

4.4. 

Specific  emergency  escape  routes,  facilities  and  exits must  be 

indicated  by  signs  in accordance  with  national  regulations 

transposing  Directive  77/576/EEC  into  law. 

Signs  must  be  placed  at  appropriate  points  and  be  made  to  last 

4.5. 

The  emergency  escape  routes,  facilities  and  exits,  and  the 

traffic  routes  and  doors  giving  access  to  them,  must  be  free 

from  obstruction  so  that  they  can  be  used  at  any  time  without 

h indrance. 

4.6. 

Emergency  escape  routes, facilities and  exits  requiring 

illumination must  be provided  with  emergency  lighting of 

adequate  intensity  in case  the  lighting  fails. 

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 necessary, with  fire detectors  and  alarm  systems. 

5.2. 

Non-automatic  fire  fighting equipment  must  be easily  accessible 

and  simple  to use. 

The equipment  must  be  indicated  by  signs  in accordance  with  the 

national  regulations  transposing  Directive  77/576/EEC  into  law. 

Such  signs must  be placed  at appropriate  points  and  be made  to 

last 

6. 

Ventilation of  enclosed  workplaces 

Steps must  be  taken  to see  to  it that  there  is sufficient  fresh 

air  in enclosed  workplaces, having  regard  to  the working 

methods  used  and  the physical  demands  placed  on  the  fishermen. 

If a ventilation  system  is used,  it must  be maintained  in 

work i ng order. 

Any  breakdown  must  be  indicated  by a control  system  where  this 

is necessary  for  fishermen's  health. 

-  MX-

7. 

Room  temperature 

The  temperature  in  living  quarters, working  areas, sanitary 

facilities and  first-aid  rooms must  be appropriate  to  the 

particular  purpose of  such areas. 

8. 

Natural  and  artificial  lighting of working  areas 

8.1. 

Where  workplaces  do not  receive  sufficient  natural  light  they 

must  be  equipped  with  artificial  lighting  suitable  for  the 

operation  in hand, without  placing  the  fishermen's  safety  and 

health  in danger  or  jeopardizing  other  vessels. 

8.2. 

Lighting  installations  in areas containing  workplaces, stairs, 

ladders, and  in passageways must  be placed  in such  a way  that 

there  is no  risk of  accident  to the  fishermen  and  no  hindrance 

to  the navigation of  the vessel. 

8.3. 

Workplaces  in which  fishermen  are especially  exposed  to  risks 

in the event  of  failure of  artificial  lighting must  be  provided 

with  emergency  lighting of  adequate  intensity 

9. 

Floors, walls and ceilings of  rooms 

9.1. 

The  floors of workplaces must  be provided with  non-slip 

surfacing  and  kept  clear  and  free of obstacles. 

Rooms  containing  workstations must  be adequately  insulated  and 

soundproofed,  bearing  in mind  the  type of  tasks  involved  and 

the physical  activity  of  the fishermen. 

9.2. 

The  surface of  floors, walls and ceilings  in workplaces must  be 

such  that  they  can be cleaned  or  refurbished  to an  appropriate 

standard  of  hygiene. 

10. 

Doors 

10.1 

The position and  number  of  doors  in watertight  bulkheads  and 

weatherproof  enclosed  superstructures  should  be  reduced  to the 

-

^-

minimum  compatible  with  the  general  arrangement  and  operational 

needs  of  the  fishing  vessel;  openings  must  be  fitted  with 

appropriate  means  of  sealing  them  off. 

-  vs-

10.2 

Doors  and  in particular  sliding doors, where  such  have  to be 

used, must  function without  risk of  accident  to the  fishermen, 

especially  in adverse weather  and  sea  conditions. 

11. 

Traffic  routes - danger  areas 

11.1 

Passageways,  trunks, the outer  part  of  deckhouses  and all 

traffic  routes  in general  must  be equipped  with  guard  rails, 

grab  rails and  lifelines or other  means of  ensuring  the  safety 

of  the crew  in the course of  its activities on  board. 

Traffic  areas  around  the  foot  and  the  top of  ladders and 

stairways must  be provided  with  non-slip  surfacing. 

11.2 

Fixed  ladders and  stairways must  be of  adequate  size and 

strength, with  non-slip  rungs and  steps and  handrails.  If the 

top of  the  ladder  on  the upper  deck  leads  into a trunk, a 

landing  shall  be provided.  If the  ladder  leads onto  an opening 

on  the upper  deck, the hand-rails must  be extended  to meet  the 

guard  rail  protecting  the opening on  the upper  deck. 

-  V 3. 

11.3 

If there  is a risk  that  fishermen may  fall  through  openings  in 

the deck, or  from one  deck  to another, adequate  protection 

should  be provided, wherever  possible  in the  form of  guard 

rails of  adequate  height  (in all  cases over  1  m ). 

11.4 

Effective  bulwarks must  be  installed on  all  exposed  parts of 

the working  deck of  an adequate  height  to protect  the crew  from 

water  washing  onto  the deck,  taking  into account  the state of 

the  sea  and  the weather  conditions  in which  the  vessel  may  be 

used. The  bulwarks must  be  fitted  with  scuppers or  other 

similar  devices  to enable water  to drain  away  quickly. 

Fixed  bulwarks must  be high  enough  to protect  fishermen  from 

falls  and  in all  cases  higher  than 750 mm. 

However,  if bulwarks of  such  a height  may  constitute a 

hindrance  to fishing  operations on  any  part  of  the deck, other 

arrangements  must  be made  providing  the same  degree of  safety. 

-  To  -

12. 

Layout  of  the  workstations 

12.1 

Non-slip  flooring must  be provided  in the  fishing  gear  and 

catch  handling  areas, the engine  room,  the workshops, the 

galley  and other  working areas. 

12.2 

Working  areas must  be kept  clear, must  be protected  against  the 

sea  and must  provide  adequate  protection  for  seamen  against 

falling on  board  or  overboard. 

Handling  areas  shall  be sufficiently  spacious,  in terms of  both 

height  and  surface  area. 

12.3 

Where  the structure of  the vessel  allows,  the controls  for  the 

hauling  gear  must  be  installed  in an area  sufficiently  large  to 

enable operators  to work  unhindered. 

The  hauling  gear  must  also have automatic stop  facilities  to 

prevent  improper  use, and emergency  stop  facilities. 

12.4 

Where  the structure of  the vessel  allows,  the  hauling  gear 

operator  must  have an adequate  view of  the  hauling  gear  and  the 

men  at  work. 

If the hauling  gear  is controlled  from  the bridge,  the operator 

should  also  have  a clear  view of  the men  at work,  either 

directly  or  via  any other  suitable  medium. 

12.5 

A  reliable comunication  system  shall  be used  between  the  bridge 

and  the working  deck. 

12.6 

Contact  with  bare  ropes and warps  and with moving  parts of  the 

equipment  must  be minimized  by  installing  protective  devices. 

Controls must  be  installed  for moving  masses, particularly  on 

trawlers : 

-  devices  to  immobilize  the otter  boards, 

-  devices  to control  the swinging  motion of  the  codend 

-  sz-

13. 

Accommoda t i on 

13.1 

The  crew's accommodation should  be designed  in such  a way  as to 

minimize  noise, vibration, the effects of  speed  and  unpleasant 

odours  from other  parts of  the vessel; appropriate  lighting 

must  be  provided. 

13.2 

Refrigerators or other  low temperature  food  storage  equipment 

must  be  provided. 

13.3 

A  toilet  and washbasin, and, where possible, a shower, must  be 

properly  installed  and  ventilated 

14. 

Accommodation  ladders and  gangways 

An  accommodation  ladder, gangway  or other  similar  equipment 

providing  an appropriate, safe means of  boarding  the vessel 

must  be ava i lable. 

.  S3. 

ANNEX  I Ii 

MINIMUM  SAFETY AND HEALTH  REQUIREMENTS 

CONCERNING THE  EMERGENCY  ESCAPE AND SURVIVAL  EQUIPMENT 

REFERRED TO  IN ARTICLES  4, 5, 6 AND  7 

1. 

Fishing  vessels  travelling  further  than  20 nautical  miles  from 

the nearest  coast must  carry  a hydrostatically  activated 

emergency  position-indicating  radio beacon operating on  the 

international  distress  frequency  (406.025 MHz) and  coded  in 

accordance  with  the vessel's call  sign. The  radio beacon must 

be easily  transferable  to any group  lifesaving equipment  used. 

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. 

3. 

The  life rafts and  lifeboats must  be designed  in such  a way 

that  they  can be boarded  easily  and  quickly,  located  visually 

in daylight  and  at night  and  located  by  radar.  They  should  be 

equipped  with: 

a  boat  hook  (on craft  other  than dinghies) and  ropes, 

oars  and  rowlocks,  including  spares 

a  three-day  supply  of  food  and  drinking  water 

adequate  survival  equipment  and  instructions  on  survival 

a  watertight  medicine  chest  which  fulfils  the  minimum 

category  D  requirements  given  in Annex  II  of  the  Council 

Directive  on  the  minimum  health  and  safety  requirements  for 

improved  medical  treatment  on  board  vessels. 

A  lifeboat  drill  must  be  carried  out  at  least  once  every  three 

months. 

4. 

Life  buoys,  inflatable  arm  bands  and  immersion  suits  must  be 

available  in  sufficient  number  and  easily  and  quickly 

accessible.  Hand  rails  or  handles  must  be  positioned  near 

immersion  suits  to  help  those  putting  them  on. 

~ SS  -

ANNEX  IV 

MINIMUM  SAFETY AND HEALTH REQUIREMENTS 

CONCERNING  THE PERSONAL  PROTECTIVE  EQUIPMENT 

REFERRED TO  IN ARTICLE  7 

1. 

A  tabard  incorporating  floats  and  a harness must  be used  if the 

collective  protection  equipment  such  as bulwarks, guard  rails, 

safety  loops and  hand  rails does not  provide  an  acceptable 

level  of  safety  for  work  carried  out  on  the open  deck. 

2. 

Personal  protective  equipment  in the  form  of  clothing  or  worn 

over  clothing  must  be  in bright  colours, contrasting  with  the 

marine  environment  and  clearly  visible  in the  dark. 

3. 

If personal  equipment  is used  to protect  the  head or  eyes, it 

must  be securely  attached  to the  head. 

-  S6  -
SECTION  1; FINANCIAL  IMPLICATIONS 

1.  TITLE OF THE ACTION: Proposal  for  a Council  Directive  concerning 

the minimum  health  and  safety  requirements  for work  on  board 

fishing vessels. 

2.  BUDGET  ITEMS  CONCERNED 

B3-4310: 

Measures  in the  field of  safety, hygiene  and  health 

protection  at work,  including  specific  measures  for  the 

completion  of  the  internal  market. 

A  2510: 

Committees whose  consultation  is compulsory  (Technical 

Adjustments Committee  referred  to  in Article  17 of 

Direct ive 89/391/EEC). 

A  2531: 

Advisory  Committee  on Safety, Hygiene  and  Health 

Protection  at Work. 

3.  LEGAL  BASIS 

Article  118a of  the EEC Treaty. 

4.  DESCRIPTION OF THE ACTION 

4.1. Specific  objectives of  the action 

4.1.1.  Objectives  of  the  proposal  for  a  Directive 

The  aims  of  the  proposal  are: 

to  promote  better  health  and  safety  conditions  on  board  fishing 

vessels; 

to  deal  with  the  risks  which  may  arise  from  the  free  movement 

of  workers; 

to  encourage  the  provision  on  board  of  suitable  emergency 

escape  and  survival  equipment  and  the  use  of  appropriate 

personal  protective  equipment  for  the  specific  requirements  of 

work  at  sea. 

4.1.2.  Characteristics  of  the  proposal  for  a  Directive 

(particularly  those  with  financial  implications) 

4.1.2.1. 

The  proposal,  and  in particular  its  annexes,  is 

to  be  adapted  and  expanded  to  give  further 

details  of  certain  aspects  relating  to  the  use 

of  safety  and/or  health  signs. 

4.1.2.2. 

The  proposal  requires  the  Member  States  to 

forward  to  the  Commission  details  of  the 

national  legislation  to  be  introduced  in 

implementation  of  the  proposal  and  reports.on 

the  progress  of  such  legislation. 

4.1.2.3. 

The  proposal  also  provides  for  a  Committee  to 

assist  the  Commission  with  additional  work. 

-  sg-

It  is the additional  activities already  scheduled  or  to be planned 

subsequently  which  have  financial  implications. 

4.2. 

Durât ion 

Unspeci fled. 

4.3. 

Target  population 

The sea  fishing  industry. 

5.  CLASSIFICATION OF  EXPENDITURE 

5.1. 

Non-compulsory expenditure. 

6.  NATURE  OF  EXPENDITURE 

6.1. 

100%  f inance. 

7.  FINANCIAL  IMPACT 

7.1. 

Method  of  calculation. 

7.1.1.  Additional  activities  to be carried  out  after  the  Directive 

is adopted 

a) 

monitoring  the application of  the Directive  in the Member 

States 

b) 

revision of  the  annexes 

c) 

d) 

e) 

- o-

consultation  of  experts 

operation  of  the  Technical  Adjustments  Committee 

consultation  of  the  Advisory  Committee  on  Safety,  Hygiene 

and  Health  Protection  at  Work. 

7.1.2.  Types  of  activities  with  financial  implications  generated 

by  point  5.1 

These  include: 

* 

study  and/or  services  contracts  to 

compare  and  evaluate  the  data  received  by  the  Commission; 

study  the  problems  posed  by  the  application  of  the 

D i rect ive; 

study  the  problems  associated  with  the  annexes  and  prepare 

amendments  to  them. 

* 

expenses  for  meetings  with  experts 

* 

operating  costs  for  the  Technical  Adjustments  Committee 

* 

costs  of  consulting  the  Advisory  Committee  on  Safety,  Hygiene 

and  Health  Protection  at  Work. 

7.1.3.  Calculation  of  expenditure 

Since  the number  and  scale of  the additional  activities  involved 

are not  known,  it  is  impossible  to calculate  the exact  expenditure 

requi red. 

Costs  are  calculated  on  the basis of  a  "man/month" unit, which 

currently  stands at  ECU 4 000. 

The  cost  of  consulting  a government  expert  has been  calculated  at 

ECU  420, or  ECU  545  for  a non-government  expert  (per  day). The 

costs will  be spread  over  a number  of  years  and  will  be 

progressive.  The  figures given  in paragraph  7.3  are overall 

est imates. 

For  budget  item A 2510  (Technical  Adjustments  Committee),  the 

figure  covers  two meetings of  group  3 experts  (government  experts) 

in 1994, then  three meetings  per  year  from 1995. 

For  item A 2531  (Advisory  Committee),  the  figure  covers  two 

meetings  per  year  of  an ad  hoc group of  12 members,  including  four 

government  experts. The meetings will  commence  in 1995. 

7.2. 

7.3. 

Schedule of  commitment  appropriations  (CA) and  payment 

appropriations  (PA) 

Item  B3-4310 

The appropriations allocated  for  this action will  be  determined 

annually on  the basis of availability  and  the appropriations set 

aside under  the budget  procedure  for  actions  covered  by  this  item 

The  total  amount  considered  necessary  for  1993  is ECU  250 000. 

From  1994  the appropriations allocated  will  develop  in proportion 

to  those  allocated  for  all  the actions  covered  by  item B3-4310. 

Item A  2510 

1993 

1994 

1995 

1996 

1997 

CA  (ECU) 

PA  (ECU) 

20 000 

20 000 

30 000 

30 000 

30 000 

30 000 

30 000 

30 000 

110 000 

110 000 

Item A 2531 

-  Cl-

CA (ECU) 

PA (ECU) 

12 000 

12 000 

12 000. 

12 000 

12 000 

12 000 

36 000 

36 000 

1993 

1994 

1995 

1996 

1997 

8.  FRAUD PREVENTION 

Not appi icab le 

SECTION  2: ADMINISTRATIVE  EXPENDITURE 

1.  STAFF  REQUIRED TO WORK  EXCLUSIVELY ON THE ACTION 

From  1993, one  full-time grade A official, one  full-time grade B 

official  and one  full-time grade C official. 

These  staff  will  either  be obtained  through  internal  redeployment, 

or  will  be provided  for  in the Commission's  resource  planning. 

2.  STAFF  COSTS  REQUIRED 

Expenditure  for  the staff  requested  in paragraph  1  is estimated  at 

ECU  240 000 per  year  from  1993 onwards. This will  be covered  by 

appropriations under  Part  A of  Section  ill of  the General  Budget. 

• 6tf  -
SECTION  3:  COST-EFFECT  ANALYSIS 

1.  AIMS AND  COMPATIBILITY  WITH  FINANCIAL  PLANNING 

1.1. 

Specific objective of  the proposed  action 

Implementation of  the proposal  for  a Directive. 

1.2. 

Is the action  covered  in the D Cs  financial  planning  for 

the years  in question? 

Yes. 

1.3. 

Corresponding  general  objective  in the DG's  financial 

planning 

Health  and  safety  at work. 

2.  JUSTIFICATION OF THE ACTION 

a)  Cost 

The  cost  is much  the same as that of  similar  actions  relating 

to other  proposals  for Directives. Only  the expenditure  under 

item B3-4310  (ECU  250 000  in 1993)  is slightly  higher  because 

of  the  technical  nature of  the  field  in question. 

b)  Secondary  effects 

_GS  -

The proposal  for  a Directive  is  intended  to reverse  the 

traditional  approach  to safety where vessel  safety  comes  before 

the safety of  the crew, unless  the vessel  is  in danger,  in 

which  case  the safety  of  the emergency  equipment  is considered; 

now,  instead, the safety of  the men at work  is to be put  before 

the safety  of  the vessel, since  the vessel  is actually  the 

capital  of  the owner  (on which  he usually  receives  a return of 

50-65% of  the catch  sale).  Measures  to  improve  vessel  safety 

could  therefore  be put  in a different  category  from  those 

designed  to  improve  crew safety. 

c)  Multiplicator  effects 

There may  be multiplicator  effects  in the Member  States  along 

the same  lines as  the secondary  effects  described  above. 

3.  MONITORING AND  EVALUATION OF THE ACTION 

3.1. 

Not  appiicab le. 

3.2. 

Not  appiicab le. 

3.3. 

Not  appiicable. 

,  Ce  -

IMPACT ASSESSMENT  FORM 

THE  IMPACT OF THE PROPOSAL ON  SMEs 

**************** 

Ti»le of  proposal: 

Proposal  for  a Council  Directive  concerning  the minimum  health  and 

safety  requirements  for work  on board  fishing vessels. 

Reference  No: 349.1 

The  proposal 

1)  Justification of  the proposal  with  regard  to the principle of 

subsidiarity - Main objectives 

a)  Existing  national  legislation on  health  and  safety  on board 

fishing  vessels has all  been  transposed  from  a small  number  of 

conventions or other  instruments drawn up by  international 

organizations. An analysis of  the national  legislations of  the 

different  Member  States  shows  that  there  are  fairly  major 

discrepancies.  In addition, most  of  the  legislation  makes 

little or  no provision  for occupational  safety  on  board, 

concentrating  instead on vessel  safety, safe  navigation  and 

emergency  escape equipment. Accident  statistics  for  the 

Community  show  that  half of  all  fatal  accidents  in the  fishing 

industry  are occupational  accidents. 

b)  Now  that  workers  have  freedom of movement, they must  be 

guaranteed  equal  protection on vessels  from  different 

countries. Yet much of  the  legislation  in a number  of  Member 

States  does not  cover  small  vessels. 

c)  Accident  statistics  show  that, of  all  the major  industries, sea 

fishing  is the most  dangerous, with on average  ten  times more 

fatal  accidents  than other  high-risk  sectors  such  as mining, 

construction  and agriculture.  The statistics  also  show  that 

there  is a higher  incidence of  accidents on small  vessels. 

Impact on  business 

2)  Firms  affected 

a)  All  firms operating  fishing  vessels overl2m  long  (in  practice 

all  vessels operated  by more  than one person) will  be  affected. 

b)  Sizes of business: 

see Annex  1. 

Almost  all  fishing  firms can be classified  as  SMEs. 

c)  Geographical  distribution: 

The whole of  the Community's  coastline, but more especially  the 

Atlantic  coast  of  the  Iberian peninsula, Brittany  and  the 

English  Channel, North  Sea and Adriatic coasts. 

3)  Requirements  for  firms 

New vessels must  comply  with  all, and older  vessels with  some, of 

the minimum  requirements; older  vessels undergoing  subsequent 

alterations must  comply  with  the minimum  requirements  applicable  to 

new  vessels. These  requirements  relaie  to factors such  as  solidity 

and  stability, electrical  installations, ventilation, emergency 

escape  routes, workstation  design, etc. 

The Directive  also  requires detailed  reports  to be  forwarded  to the 

maritime  authorities on any occurrences  at sea which  affect  the 

health  and  safety  of  the  fishermen; owners must  fulfil  certain 

requirements  relating  to technical  maintenance  and  cleaning; 

fishermen must  be consulted  about  and given  information and 

suitable  training  on  health  and  safety on board  vessels, and any 

person  likely  to command  a vessel  must  be given  detailed  training 

on  health  and  safety  conditions. 

4)  What  economic  effects  is the proposal  likely  to have? 

On  employment 

The  Directive  will  not  come  into force until  1 January  1995, and  it is 

difficult  to anticipate  the  impact  it may  have on employment  at  that 

time.  Since  1983  the  European Community  has pursued  a policy of 

voluntarily  reducing  fishing  capacity  in  line with  the  resources 

available  (catch  quotas  for  different  countries  and  fishing  zones),  and 

this will  be  reflected  over  the next  few years  in the disappearance of 

a  considerable  proportion of  the  fishing  fleet. 

Multiannua I guidance  programmes  (MGPs) 

First  MGP  1987-1991 

Ob ject ive:  Overall  reduction of  3%  in gross  register  tonnage  (GRT) and 

2%  in engine  capacity  (KW) 

tf9-

Second  MGP  1992-1996 

The  objectives  will  not  be  defined  in detail  until  the  end  of  1991,  but 

they  will  probably  include  a minimum  reduction  of  10%  in  engine 

capacity  by  the  end  of  1996,  especially  as  not  all  the  reductions 

scheduled  under  the  first  programme  have  been  implemented  in  practice. 

Whatever  the  case  may  be,  the  Directive  will  have  considerably  less 

effect  on  employment  than  the  policy  of  reducing  capacity,  particularly 

since  the  first  vessels  to  go  will  be  the  oldest  and  therefore  those 

which  are  furthest  from  complying  with  the  safety  requirements  laid 

down  in  the  Directive. 

The  Directive  itself  would  affect  employment  only  if  it  proved 

necessary  to  take  other  vessels  out  of  service  because  they  could  not 

be  adapted.  This  is considered  highly  unlikely. 

On  investment  and  competitiveness 

Figures  supplied  by  representatives  of  the  Member  States  indicate  that 

the  extra  cost  involved  could  be  3-5% of  the  value  of  a  new  vessel,  but 

up  to  15% of  the  market  value  of  older  vessels.  Soundproofing  will 

account  for  most  of  the  extra  cost  for  new  vessels. 

However,  the  extra  expenditure  required  will  be  largely  offset  by  lower 

operating  costs  resulting  from  improved  safety  on  board.  The  few 

fishing  firms  which  have  tried  to  improve  safety  on  board  over  the  last 

few  years  have  found  that  their  position  has  improved  against  their 

immediate  competitors. 

-•sfo — 

A further consideration  is that the direct and  indirect cost of 

maritime accidents  is very high. In the United Kingdom the cost of 

locating and rescuing fishing vessels at sea alone  is the equivalent of 

2% of the catch value. 

To make  it easier to adapt fishing vessels which have already been 

commissioned, there  is a transition period of three years from the date 

on which the provisions of the Directive enter  into force for new 

vessels. 

5)  The proposal  does not contain any specific provisions on SMEs since 

these make up most of the sector. 

Consultât ion 

6)  List of organizations consulted 

a)  Joint Committee on Social Problems  in Sea Fishing. 

Generally favourable reaction, with certain reservations on the 

part of the owners. The Committee's observations were taken 

into account  in drafting the proposal. 

b)  Advisory Committee on Safety, Hygiene and Health Protection at 

Work  (tripartite: government representatives, employers and 

workers): generally favourable opinion. The Committee's 

observations were taken  into account  in drafting  the proposal. 

In both cases reservations were expressed about the fact that the 

proposal  does not cover self-employed workers, which  legal grounds 

relating to Article 118a and the framework Directive had ruled out. 

Some owners would have preferred the Directive to cover vessels over 

13.5 m or 15 m only. 

DISTRIBUTION OF FLEETS BY VESSEL  SIZE 

1986 

COUNTRY 

FRG 

FRANCE 

ITALY 

NETHERLANDS 

BELGIUM 

DENMARK 

SPAIN 

SIZE in metres 

9 - 11.9 m 

107 

2676 

3251 

12 - 17.9 m 

328 

1242 

2996 

18 - 23.9 m 

24 - 29.9 m 

30 - 35.9 m 

36 - 41.9 m 

42 m and + 

84 

83 

25 

2 

17 

520 

125 

72 

17 

90 

1448 

560 

140 

14 

64 

30 

126 

165 

173 

187 

146 

37 

2 

29 

63 

59 

46 

8 

0 

652 

16 

1006 

1487 

389 

1117 

110 

140 

68 

23 

566 

279 

96 

170 

Total concerned 

646 

4742 

8473 

869 

207 

2388 

3731 

I 

21056 
0.33 

0 - 8.9 m 

281 

9227 

17661 

Length unknown 

2 

10 

1083 

55 

135 

0 

0 

482 

0 

384 

11552 

Overall total 

929 

13979 

27217 

1059 

207 

3254 

15283 

63967 

Source:  EUROSTAT. FISH  series, May 1991 

1 

PERCENTAGE DISTRIBUTION OF FLEETS BY VESSEL  SIZE 

1986 

COUNTRY 

FRG 

FRANCE 

ITALY 

NETHERLANDS 

BELGIUM 

DENMARK 

SPAIN 

SIZE in metres 

9 - 11.9 m 

11.52% 

19.14% 

11.94% 

2.83% 

0.97% 

20.04% 

0.10% 

12 - 17.9 m 

35.31% 

8.88% 

11.01% 

11.90% 

14.01% 

30.92% 

9.73% 

18 - 23.9 m 

9.04% 

3.72% 

5.32% 

15.58% 

30.43% 

11.95% 

7.31% 

24 - 29.9 m 

30 - 35.9 m 

36 - 41.9 m 

42 m and + 

8.93% 

0.89% 

2.06% 

16.81% 

2.69% 

0.52% 

0.51% 

17.66% 

0.22% 

0.12% 

0.05% 

13.79% 

1.83% 

0.64% 

0.24% 

3.49% 

28.50% 

22.22% 

3.86% 

0.00% 

3.38% 

3.70% 

4.30% 

1.83% 

2.09% 

0.63% 

0.71% 

1.11% 

\ 

Total % concerned 

69.54% 

33.92% 

31.13% 

82.06% 

100.00% 

73.39% 

24.41% 

0 - 8.9 m 

30.25% 

66.01% 

64.89% 

5.19% 

Length unknown 

0.22% 

0.07% 

3.98% 

12.75% 

0.00% 

0.00% 

14.81% 

0.00% 

11.80% 

75.59% 

Overall total 

100.00% 

100.00% 

100.00% 

100.00% 

100.00% 

100.00% 

100.00% 

Source: EUROSTAT, FISH  series, May 1991 

COUNTRY 

DENMARK 
IRELAND 
FRG 
UNITED KINGDOM 
FRANCE 
PORTUGAL 
SPAIN 
NETHERLANDS 
BELGIUM 
GREECE 
ITALY 

EC 

Tonnes 

1868000 
213000 
169000 
664000 
834000 
331000 
1000000 
450000 
30000 
147000 
365000 

6071000 

1470000 
13000 
37000 

63000 
9000 

1000 

452 
96 
119 
578 
1211 
312 
1500 
350 
70 
429 
1254 

6371 

FIGURES FOR THE EC FISHING INDUSTRY 

CATCH LANDED 

of which 
factory 
ships 

of which 
factory 
mi 11 ion  ships 

ECU 

FLEET 
of which 

Units 

GRT 

Number 

SEAMEN 

Ratios per seaman 

of which 
full-t ime 

Catch 
va Iue 
(ECU 1000) 

6605 
1600 
719 
8293 
19227 
8816 
14418 
1076 
205 
15600 
25977 

123600 
41000 
60000 
168439 
205016 
188064 
421401 
171626 
25445 
181109 
283624 

7317 
7000 
3091 
22217 
19000 
40996 
93500 
4000 
1271 
40164 
54450 

3100 
1898 
16976 

1271 
28114 

61774 
13714 
38499 
26016 
63737 
7610 
16043 
87500 
55075 
10681 
23030 

102608 

1869324 

293006 

21744 

6.38 

GRT 

16.89 
5.86 
19.41 
7.58 
10.79 
4.59 
4.51 
42.91 
20.02 
4.51 
5.21 

I 

Source: EC - DATA ROOM DG XIV. June 1991 

1989 except where stated (cf. below for corresponding columns) 

DENMARK 
IRELAND 
FRG 
UNITED KINGDOM 
FRANCE 
PORTUGAL 
SPAIN 
NETHERLANDS 
GREECE 
ITALY 

1988 

1988 

1988 

1986 

1986 

1988 

1988 

1986 
1986 

1988 
1986 
1986 
1986 

1986 

1986 

1986 
1988 
1986 
1988 

1986 
1988 
1986 
1988 

1986 

1988 
1986 
1987 

1987 

1986 

1988 

ISSN 0254-1475 

COM (91)466 final 

DOCUMENTS 

EN 

04 03 

Catalogue number : CB-CO-91-512-EN-C 

ISBN 92-77-77546-7 

Office for Official Publications of the European Communities 
Lr2985 Luxembourg