1999/130/EC: Commission Recommendation of 18 November 1998 on ratification of International Labour Organisation (ILO) Convention 180 concerning seafarers' hours of work and the manning of ships, and ratification of the 1996 Protocol to the 1976 Merchant Shipping (minimum standards) Convention (notified under document number C(1999) 372)
Date: 1998-11-18
Institutions: European Commission
Subjects: International Labour Organisation, crew, merchant fleet, ratification of an agreement, working time

17. 2. 1999

EN

Official Journal of the European Communities

L 43/9

II

(Acts whose publication is not obligatory)

COMMISSION

COMMISSION RECOMMENDATION

of 18 November 1998

on ratification of International Labour Organisation (ILO) Convention 180
concerning seafarers’ hours of work and the manning of ships, and ratification of
the 1996 Protocol to the 1976 Merchant Shipping (minimum standards) Conven-
tion

(notified under document number C(1999) 372)

(1999/130/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community, and in particular Article 155, second indent,
thereof,

Whereas ILO Convention 180 concerning seafarers’ hours
of work and the manning of ships, adopted at the 84th
maritime session of the International Labour Conference
of 22 October 1996, prescribes working and resting hours
for seamen working on board ships;

Whereas the Convention’s aims, promotion of the health
and safety of workers, the improvement of maritime safety
and the protection of the marine environment, are also
objectives of the Community;

the 1996 Protocol

to Convention 147 on
Whereas
Merchant Shipping (minimum standards) of 1976, which
the same time as Convention 180,
was adopted at
includes
annex Convention 180
additional
in its
concerning seafarers’ hours of work and the manning of
ships of 1996;

Whereas Article 4 of the Merchant Shipping (minimum
standards) Convention to which the 1996 Protocol refers
back, stipulates that a country that has ratified the
Convention may inspect a ship calling in at one of its
ports so as to verify that the living, working and safety

conditions of the crew conform with the provisions of the
Conventions annexed to the Merchant Shipping Conven-
tion;

Whereas the Commission has just submitted to the
Council a proposal for a Directive, adopted under the
Social Protocol, on the Europe Agreement on the organi-
sation of working time of seafarers, which is based on
Convention 180;

Whereas this proposal only covers seamen working on
ships flying Member State flags;

Whereas the provisions on the working time of seafarers
can only be applied and enforced in the Community in
respect of ships flying third country flags if Convention
180 takes effect and if the 1996 Protocol to the 1976
Merchant Shipping (minimum standards) Convention is
ratified by the Member States of the Community;

Whereas the entry into force of Convention 180 and of
the 1996 Protocol
to the 1976 Merchant Shipping
(minimum standards) Convention will enable the Member
States which have ratified Convention 180 and the 1996
Protocol to monitor, on the basis of a Council Directive,
the application of Convention 180’s working time rules
on all ships calling in at Community ports;

L 43/10

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Official Journal of the European Communities

17. 2. 1999

Whereas compliance with Convention 180 will help
improve maritime safety in the European Union and put
ships flying Member State flags on an equal footing with
those flying the flags of the various third countries;

Whereas it is desirable that the Directive on the applica-
tion of the working hours of seamen on board ships
calling in at Community ports should enter into force at
the same time as the Directive on implementation of the
Europe Agreement on the organisation of working time
of seafarers and, to this end,
it is important that the
Member States ratify Convention 180 and the 1996
Protocol and deposit the instruments of ratification with
the International Labour Office as soon as possible,

HEREBY RECOMMENDS:

1. Member States which have not yet done so be
requested to ratify ILO Convention 180 concerning

seafarers’ hours of work and the manning of ships,
adopted on 20 October 1996

2. Member States which have not yet done so be
requested to ratify the 1996 Protocol to Convention
147 on Merchant Shipping (minimum standards) of
1976

3. Member States be requested to inform the Commis-
sion within one year of publication of this recommen-
dation of the measures taken to implement it.

Done at Brussels, 18 November 1998.

For the Commission

P(cid:145)draig FLYNN

Member of the Commission