RE-EXAMINED PROPOSAL FOR A COUNCIL DIRECTIVE CONCERNING THE MINIMUM SAFETY AND HEALTH REQUIREMENTS FOR WORK ON BOARD FISHING VESSELS - 13th individual Directive within the meaning of Directive 89/391/EEC
Date: 1993-11-26
Institutions: European Commission
Subjects: crew, fishing vessel, occupational health, occupational safety, worker information

COMMISSION  OF  THE  EUROPEAN  COMMUNITIES 

ï*:S?%ff:':ï!"K*^::i:fï'''lfe' 
jli!S^K#,!t',''l'T& 

C0M(93) 581  final  - SYN 369 

Brussels, 26 November  1993 

BB¥;:^K*ll)vHJtV-..':.'i1iiS' 

RE-EXAMINED  PROPOSAL  FOR 

A  COUNCIL  D I R E C T I VE 

CONCERNING  THE  MINIMUM  SAFETY 

AND  HEALTH  REQUIREMENTS 

FOR  WORK 

ON  BOARD  F I S H I NG  V E S S E LS 

13th  i n d i v i d u al  D i r e c t i ve 
within  t he  meaning  of  D i r e c t i ve  89/391/EEC 

(presented  by  :he Commission  pursuant  to  Article  189C,  paragraph  d 
of  the  EC  Treaty). 

SES?'-. " 

I 

The  initial proposal  for this Directive was  forwarded  to the Council  by 
the Commission en 3 December  1991*. 

The proposal, which  is based  on Article  118a of the Treaty,  aims to 
ensure better working  and  living  conditions  for  fishermen  by  laying  down 
minimum  health  and safety requirements  for work on board  fishing 
vessels, which  were excluded  from the scope of Council  Directive 
89/654/EEC because of their particular  characteristics  as workplaces. 

The European  Parliament  (first  reading) and the Economic  and  Social 
Committee  gave their opinions on 8 July  1992 and  29 April  1992. 

The Commission  forwarded  an amended proposal to the Council  on 12 
October  19922. 

On  30 June  1993, the Council  adopted  a common  position which  the 
European  Parliament  examined  (second  reading) on 25 October  1993  and 
adopted  on 27 October  1993,  subject  to eight  amendments. 

The Commission  agreed  to  incorporate  four of these  amendments, Nos. 2, 
6,  7 and 8,  Into its re-examined  proposal. 

The Commission  has the following  comments on these  four  amendments: 

Amendment  No 2 

Subject; 

Requires the activities  of  self-employed  workers  not  covered 
by this Directive  to be dealt with  in a separate  directive. 

Comment :  The same amendment  with  a similar  formula  has been  accepted 
for other directives  (e.g. means of  transport). 

Amendment  No 6 

Subject; 

Reduces to four years  the  frequency  with which  the  Member 
States must  report  to the Commission  on  implementation. 

Comment ;  Reinstates the Commission's  amended  proposal. The  same period 

has been accepted  by the Council  for several  individual 
Directives. 

Amendments  Nos 7 and 8 

Subject: 

Require the main electricity  switchboard  and  the emergency 
switchboard  on both  new  and existing  vessels  to be  installed 
in such a way that  they  are not simultaneously  exposed  to 
fire or  flooding. 

Comment ;  Reinstate the original  Commission  proposal,  fully  justified 
by several  losses of vessels  involving  numerous  fatalities. 

The Commission  rejected  four  amendments,  Nos. 1, 3, 4 and  5. 

1 
2 

COM(91) 466  final - SYN  369 
COM(92) 409  final - SYN  369 

i 

The Commission  has the following  comments on these  four amendments: 

Amendment  No 1 

Subject: 

Requires Member  States  to adopt  appropriate measures  for 
vessals of a smaller  size. 

Comment ;  The amendment  cannot  be accepted  because  it  introduces  a new 

recital which  is not  supported  by the enacting  terms of  the 
Directive. 

Amendment  No 3 

Subject: 

Makes  it compulsory  for all vessels  covered  by the  Directive 
to carry a ship's  log. 

Comment :  The an r-ndment does not  add  anything  to the requirement  that 

any occurrences  at sea  that  affect  or could  affect  the  safety 
and  health of workers be recorded  and  reported. 

Amendment  No 4 

Subject: 

Reduces  from seven to  five years the transitional  period  for 
existing  vessels to comply  with the provisions  of Annex  I I. 

Comment :  The Commission  considers  that, despite  its reservations  about 

the common position, the Council's  compromise  nan to bo 
accepted  as the only  possible  solution  still  ensuring 
adequate protection  for  fishermen. This amendment  affects  one 
of the key points of the compromise  on which  the  common 
position was agreed  and would  have no practical  effect  in the 
final text  adopted  by the Council. 

Amendment  No 5 

Subject: 

Requires  any person  likely  to command  a vessel  to have a 
sufficient  knowledge of  languages to be able to  communicate 
with the crew. 

Comment :  This amendment  is too  stringent  and would make  it  compulsory 

for anyone  likely  to command  a vessel  to communicate  not only 
in the nine official  languages  of the Community, but  also  in 
those of third  countries,  an unrealistic  requirement.  Article 
8(2) of  the common  position  already  takes account  of  the main 
thrust  of this  amendment. 

% 

COMMON  POSITION 

RE-EXAMINED  PROPOSAL 
(Unless otherwise  indicated, 
the common  position  is 
unchanged 

New  fourth recital: 

Whereas the activities of  self-employed 
workers who  are  not covered  by this 
directive must  be dealt with  in another 
directive  relating  to, in general terms, 
the health  and  safety  of  self-employed 
workers  in all  sectors of activities.; 

Article 13 

Article  13 

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. 

3. 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. 

Annex  I, new  last  paragraph  of  2.2 

The main  electricity  switchboard  and the 
emergency  switchboard  must be  installed 
in such a way  as to ensure that they are 
not both exposed  to water or fire at the 
same time. 

Annex  II, new  last  paragrapn  of  2.2 

The main electricity  switchboard  and the 
emergency  switchboard  must be  installed 
in  such a way  as to ensure that they 
are not both exposed  to water or  fire at 
the same time. 

h 

ISSN 0254-1475 

COM (93) 581 final 

DOCUMENTS 

EN 

07  04 

Catalogue number : CB-CO-93-617-EN-C 

ISBN 92-77-61539-7 

Office  for Official  Publications of the European Communities 
L-2985 Luxembourg