Proposal for a Council directive concerning the Agreement on the organisation of working time of seafarers concluded by the European Community Shipowners' Association (ECSA) and the Federation of Transport Workers' Unions in the European Union (FST)
Date: 1998-11-18
Institutions: European Commission
Subjects: arrangement of working time, crew, occupational safety, organisation of work, transport staff, working time

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Proposal for a Council Directive concerning the Agreement on the organisation of working time
of  seafarers  concluded  by  the  European  Community  Shipowners’  Association  (ECSA)  and  the
Federation  of  Transport  Workers’  Unions  in  the  European  Union  (FST)

(1999/C  43/03)

(Text  with  EEA  relevance)

COM(1998)  662  final  —  98/0320(PRT)

(Submitted  by  the  Commission  on  24  November  1998)

THE  COUNCIL  OF  THE  EUROPEAN  UNION

Having regard to the Agreement on social policy annexed
to the Protocol 14 on social policy, annexed to the Treaty
establishing  the  European  Community,  and  in  particular
Article  4(2)  thereof,

Having  regard  to  the  proposal  from  the  Commission,

(1)  Whereas  on  the  basis  of  the  Protocol  on  Social
Policy  annexed  to  the  Treaty  establishing  the
European  Community,  the  Member  States,  with
the  exception  of  the  United  Kingdom  of  Great
Britain  and  Northern  Ireland  (hereinafter  referred
to  as  ‘the  Member  States’),  wishing  to  continue
along  the  path  laid  down  in  the  1989  Social
Charter,  have  concluded  an  agreement  on  social
policy;

(2)  Whereas  management  and 

labour  (the  social
partners)  may,  in  accordance  with  Article  4(2)  of
the Agreement on social policy, request jointly that
agreements at Community level be implemented by
a  Council  Decision  on  a  proposal  from  the
Commission;

(3)  Whereas  the  Council  adopted  Directive  93/104/EC
on  certain  aspects  of  the  organisation  of  working
time;  whereas  sea  transport  was  one  of  the  sectors
of  activity  excluded  from  the  scope  of  that
Directive;

(4)  Whereas  account  should  be  taken  of  the  relevant
Conventions 
Labour
the 
Organisation  with  regard  to  the  organisation  of
working time, including in particular those relating
to  the  hours  of  work  of  seafarers;

International 

of 

consulted  management  and  labour  on  the  possible
direction  of  Community  action  with  regard  to  the
sectors  and  activities  excluded  from  the  Working
Time Directive;

(6)  Whereas  the  Commission,  considering  after  such
consultation that Community action was desirable,
once  again  consulted  management  and  labour  at
Community level on the substance of the envisaged
proposal  in  accordance  with  Article  3(3)  of  the
said Agreement;

(ECSA)  and 

(7)  Whereas  the  European  Community  Shipowners’
Association 
the  Federation  of
Transport Workers’ Unions in the European Union
(FST)  have  informed  the  Commission  of  their
desire to enter into negotiations in accordance with
Article  4  of  the  Agreement  on  social  policy;

(8)  Whereas  the  said  organisations  concluded,  on  30
September  1998,  an  Agreement  on  the  working
time  of  seafarers;  whereas  this  Agreement  contains
a  joint  request  to  the  Commission  to  implement
the  Agreement  by  a  Council  Decision  on  a
proposal from the Commission, in accordance with
Article  4(2)  of  the  Agreement  on  social  policy;

(9)  Whereas  the  Council, 

in 

its  resolution  of  6
December  1994  on  prospects  for  a  European
Union  social  policy:  contribution  to  economic  and
asked
in 
social 
management  and  labour  to  make  use  of  the
opportunities for concluding agreements, since they
are  close  to  social  reality  and  to  social  problems;

the  Union, 

convergence 

(5)  Whereas  the  Commission,  in  accordance  with
Article 3(2) of the Agreement on social policy, has

(10)  Whereas  the  Agreement  applies  to  seafarers  on
board  every  seagoing  ship,  whether  publicly  or

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privately owned, which is registered in the territory
of  any  Member  State  and  is  ordinarily  engaged  in
commercial  maritime  operations;

(17)  Whereas 

the  Commission  also 

informed 

the

Economic  and  Social  Committee;

(11)  Whereas  the  proper  instrument  for  implementing
the Agreement is a Directive within the meaning of
Article  189  of  the  Treaty;  whereas  it  therefore
binds  the  Member  States  as  to  the  result  to  be
achieved,  whilst  leaving  national  authorities  the
choice  of  form  and  methods;

(12)  Whereas,  in  accordance  with  the  principles  of
subsidiarity  and  proportionality  as  set  out  in
Article  3(b)  of  the  Treaty,  the  objectives  of  this
Directive  cannot  be  sufficiently  achieved  by  the
Member  States  and  can 
therefore  be  better
achieved by the Community; whereas this Directive
does  not  go  beyond  what  is  necessary  for  the
attainment  of  those  objectives;

(13)  Whereas,  with  regard  to  terms  used 

in  the
Agreement  which  are  not  specifically  defined
therein, this Directive leaves Member States free to
define those terms in accordance with national law
and  practice,  as  is  the  case  for  other  social  policy
Directives  using  similar  terms,  providing  that  the
the
said  definitions 
Agreement;

the  content  of 

respect 

in 

a  Directive, 

(14)  Whereas  the  Commission  has  drafted  its  proposal
for 
its
communication  of  20  May  1998  on  adapting  and
promoting the social dialogue at Community level,
taking into account the representative status of the
signatory  parties  and  the  legality  of  each  clause  of
the  Agreement;

accordance  with 

(15)  Whereas  the  Commission  has  drafted  its  proposal
for  a  Directive  in  compliance  with  Article  2(2)  of
the Agreement on social policy which provides that
Directives  in  the  social  policy  domain  ‘shall  avoid
imposing  administrative, 
legal
constraints  in  a  way  which  would  hold  back  the
creation 
and
development 
and 
medium-sized  undertakings’;

financial  and 

small 

of 

(16)  Whereas  the  Commission,  in  accordance  with  its
communication  of  14  December  1993  concerning
the application of the Protocol 14 on social policy,
informed  the  European  Parliament  by  sending  it
the  text  of  its  proposal  for  a  Directive  containing
the  Agreement;

(18)  Whereas 

the  Agreement  establishes  minimum
standards;  whereas  Member  States  and/or  the
social  partners  may  maintain  or  introduce  more
favourable provisions;

(19)  Whereas  implementation  of  this  Directive  may  not
serve  to  justify  any  regression  in  relation  to  the
situation  which  already  exists  in  each  Member
State;

their 

(20)  Whereas the Member States may entrust the social
partners,  at 
the
joint 
implementation of this Directive, provided that the
Member  States  take  all  the  necessary  steps  to
ensure  that  they  can  at  all  times  guarantee  the
results  imposed  by  this  Directive;

request,  with 

(21)  Whereas  the  implementation  of  the  Agreement
contributes  to  achieving  the  objectives  under
Article  1  of  the  Agreement  on  Social  Policy,

HAS  ADOPTED  THIS  DIRECTIVE:

Article  1

The  purpose  of  this  Directive  is  to  put  into  effect  the
annexed  Agreement  on  the  organisation  of  working  time
of  seafarers  concluded  on  30  September  1998  between
the organisations representing management and labour in
the  maritime  sector  (ECSA  and  FST).

Article  2

Minimum  requirements

1. Member  States  may  maintain  or  introduce  more
favourable  provisions  than  those  laid  down  in  this
Directive.

2. The  implementation  of  this  Directive  shall  under  no
circumstances  constitute  sufficient  grounds  for  justifying
a  reduction  in  the  general  level  of  protection  of  workers
in  the  fields  covered  by  this  Directive.  This  shall  be
without  prejudice  to  the  rights  of  Member  States  and/or
management  and  labour  to  lay  down,  in  the  light  of
changing circumstances, different legislative, regulatory or
contractual  arrangements  to  those  prevailing  at  the  time
of  the  adoption  of  this  Directive,  provided  always  that
the  minimum  requirements  laid  down  in  this  Directive
are  adhered  to.

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Article  3

Penalties

Member  States  shall  determine  the  range  of  penalties
applicable  for  infringements  of  national  provisions  made
in  implementation  of  this  Directive  and  shall  take  all
necessary  steps  to  ensure  that  they  are  enforced.  The
penalties  must  be  effective,  commensurate  with  the
infringement,  and  must  constitute  a  sufficient  deterrent.
Member  States  shall  notify  these  provisions  to  the
Commission  by  the  date  mentioned  in  Article  4  at  the
latest,  and  any  subsequent  amendment  thereto  in  good
time.

comply  with  this  Directive  by  30  June  2001,  or  shall
ensure  that,  by  that  date  at  the  latest,  management  and
labour  have 
introduced  the  necessary  measures  by
agreement, the Member States being required to take any
necessary  measure  to  enable  them  at  any  time  to  be  in  a
position  to  guarantee  the  results 
imposed  by  this
Directive.  They  shall  forthwith  inform  the  Commission
thereof.

2. When Member States adopt the provisions referred to
in the first paragraph, these shall contain reference to this
Directive  or  shall  be  accompanied  by  such  reference  at
the  time  of  their  official  publication.  The  procedure  for
such  reference  shall  be  adopted  by  the  Member  States.

Article  4

Transposition

Article  5

Addressees

1. Member  States  shall  bring  into  force  the  laws,
regulations  and  administrative  provisions  necessary  to

This  Directive  is  addressed  to  the  Member  States.

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ANNEX

EUROPEAN  AGREEMENT  ON  THE  ORGANISATION  OF  WORKING  TIME  OF  SEAFARERS

Having  regard  to  the  Agreement  on  social  policy  annexed  to  the  Protocol  on  social  policy  attached  to  the
Treaty  establishing  the  European  Community  and  in  particular  Article  3(4)  and  4(2)  thereof,

Whereas  Article  4(2)  of  the  Agreement  on  social  policy  provides  that  agreements  concluded  at  European
level may be implemented at the joint request of the signatory parties by a Council Decision on a proposal
from  the  Commission;

Whereas  the  signatory  parties  hereby  make  such  a  request;

The  signatory  parties  have  agreed  the  following:

Clause  1

1.  The Agreement applies to seafarers on board every seagoing ship, whether publicly or privately owned,
which  is  registered  in  the  territory  of  any  Member  State  and  is  ordinarily  engaged  in  commercial
maritime  operations.  For  the  purpose  of  this  Agreement  a  ship  that  is  on  the  register  of  two  States  is
deemed  to  be  registered  in  the  territory  of  the  State  whose  flag  it  flies.

2.  In the event of doubt as to whether or not any ships are to be regarded as seagoing ships or engaged in
commercial maritime operations for the purpose of the Agreement, the question shall be determined by
the competent authority of the Member State. The organisations of shipowners and seafarers concerned
should  be  consulted.

For  the  purpose  of  the  Agreement:

Clause  2

(a)  the term ‘hours of work’: means time during which a seafarer is required to do work on account of the

ship

(b) the  term  ‘hours  of  rest’:  means  the  time  outside  hours  of  work;  this  term  does  not  include  short

breaks

(c)  the term ‘seafarer’: means any person who is employed or engaged in any capacity on board a seagoing

ship  to  which  the  Agreement  applies;

(d) the  term  ‘shipowner’:  means  the  owner  of  the  ship  or  any  other  organisation  or  person,  such  as  the
manager  or  bareboat  charterer,  who  has  assumed  the  responsibility  for  the  operation  of  the  ship  from
the shipowner and who on assuming such responsibility has agreed to take over all the attendant duties
and responsibilities.

Clause  3

Within the limits set out in Clause 5, there shall be fixed either a maximum number of hours of work which
shall  not  be  exceeded  in  a  given  period  of  time,  or  a  minimum  number  of  hours  of  rest  which  shall  be
provided  in  a  given  period  of  time.

Clause  4

Without prejudice to Clause 5, the normal working hours’ standard of seafarers is, in principle, based on an
eight-hour  day  with  one  day  of  rest  per  week  and  rest  on  public  holidays.  Member  States  may  have
procedures to authorise or register a collective agreement which determines seafarers’ normal working hours
on  a  basis  no  less  favourable  than  this  standard.

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Clause  5

1.  The  limits  on  hours  of  work  or  rest  shall  be  either:

(a)  maximum  hours  of  work  which  shall  not  exceed

(i)  14  hours  in  any  24-hour  period;  and

(ii) 72  hours  in  any  seven-day  period

or

(b) minimum  hours  of  rest  which  shall  not  be  less  than:

(i)  10  hours  in  any  24-hour  period;  and

(ii) 77  hours  in  any  seven-day  period.

2.  Hours of rest may be divided into no more than two periods, one of which shall be at least six hours in

length  and  the  interval  between  consecutive  periods  of  rest  shall  not  exceed  14  hours.

3.  Musters,  fire-fighting  and  lifeboat  drills,  and  drills  prescribed  by  national  laws  and  regulations  and  by
international instruments shall be conducted in a manner that minimises the disturbance of rest periods
and  does  not  induce  fatigue.

4.  In  respect  of  situations  when  a  seafarer  is  on  call,  such  as  when  a  machinery  space  is  unattended,  the
seafarer  shall  have  an  adequate  compensatory  rest  period  if  the  normal  period  of  rest  is  disturbed  by
call-outs  to  work.

5.  With regard to paragraphs 3 and 4, where no collective agreement or arbitration award exists or if the
competent authority determines that the provisions in the agreement or award are inadequate, it would
be for the competent authority to determine such provisions to ensure that the seafarers concerned have
sufficient  rest.

6.  With due regard for the general principles of the protection of the health and safety of workers, Member
States  may  have  national  laws,  regulations  or  a  procedure  for  the  competent  authority  to  authorise  or
register  collective  agreements  permitting  exceptions  to  the  limits  set  out  in  paragraphs  1  and  2.  Such
exceptions shall, as far as possible, follow the standards set out but may take account of more frequent
or  longer  leave  periods,  or  the  granting  of  compensatory  leave  for  watchkeeping  seafarers  or  seafarers
working  on  board  ship  on  short  voyages.

7.  A  table  shall  be  posted,  in  an  easily  accessible  place,  with  the  shipboard  working  arrangements,  which

shall  contain  for  every  position  at  least:

(a)  the  schedule  of  service  at  sea  and  service  in  port;  and

(b) the  maximum  hours  of  work  or  the  minimum  hours  of  rest  required  by  the  laws,  regulations  or

collective  agreements  in  force  in  the  Member  States.

8.  The  table  referred  to  in  paragraph  7  shall  be  established  in  a  standardised  format  in  the  working

language  or  languages  of  the  ship  and  in  English.

Clause  6

No  seafarer  under  18  years  of  age  shall  work  at  night.  For  the  purpose  of  this  Clause;  ‘night’  means  a
period  of  at  least  nine  consecutive  hours,  including  the  interval  from  midnight  to  5  a. m.  This  provision
need  not  be  applied  when  the  effective  training  of  young  seafarers  between  the  ages  of  16  and  18  in
accordance  with  established  programmes  and  schedules  would  be  impaired.

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Clause  7

1.  The  master  of  a  ship  shall  have  the  right  to  require  a  seafarer  to  perform  any  hours  of  work  necessary
for the immediate safety of the ship, persons on board or cargo, or for the purpose of giving assistance
to  other  ship  or  persons  in  distress  at  sea.

2.  In accordance with paragraph 1, the master may suspend the schedule of hours of work or hours of rest
and  require  a  seafarer  to  perform  any  hours  of  work  necessary  until  the  normal  situation  has  been
restored.

3.  As  soon  as  practicable  after  the  normal  situation  has  been  restored,  the  master  shall  ensure  that  any
seafarers who have performed work in a scheduled rest period are provided with an adequate period of
rest.

Clause  8

1.  Records  of  seafarers’  daily  hours  of  work  or  of  their  daily  hours  of  rest  shall  be  maintained  to  allow
monitoring  of  compliance  with  the  provisions  set  out  in  Clause  5.  The  seafarer  shall  receive  a  copy  of
the  records  pertaining  to  him  or  her  which  shall  be  endorsed  by  the  master,  or  a  person  authorised  by
the  master,  and  by  the  seafarer.

2.  Procedures  shall  be  determined  for  keeping  such  records  on  board,  including  the  intervals  at  which  the
information  shall  be  recorded.  The  format  of  the  records  of  the  seafarers’  hours  of  work  or  of  their
hours of rest shall be established taking into account any available international guidelines. The format
shall  be  established  in  the  language  or  languages  provided  by  Clause  5,  paragraph  8.

3.  A  copy  of  the  relevant  provisions  of  the  national  legislation  pertaining  to  this  Agreement  and  the

relevant  collective  agreements  shall  be  kept  on  board  and  be  easily  accessible  to  the  crew.

Clause  9

The  records  referred  to  in  Clause  8,  shall  be  examined  and  endorsed  at  appropriate  intervals,  to  monitor
compliance  with  the  provisions  governing  hours  of  work  or  hours  of  rest  that  give  effect  to  this
Agreement.

Clause  10

1.  When determining, approving or revising manning levels, it is necessary to take into account the need to
avoid  or  minimise,  as  far  as  practicable,  excessive  hours  of  work,  to  ensure  sufficient  rest  and  to  limit
fatigue.

2.  If the records or other evidence indicate infringement of provisions governing hours of work or hours of
rest,  measures,  including  if  necessary  the  revision  of  the  manning  of  the  ship,  shall  be  taken  so  as  to
avoid  future  infringements.

3.  All  ships  to  which  this  Agreement  applies  shall  be  sufficiently,  safely  and  efficiently  manned,  in
accordance  with  the  minimum  safe  manning  document  or  an  equivalent  issued  by  the  competent
authority.

No  person  under  16  years  of  age  shall  work  on  a  ship.

Clause  11

Clause  12

The  shipowner  shall  provide  the  master  with  the  necessary  resources  for  the  purpose  of  compliance  with
obligations  under  this  Agreement,  including  those  relating  to  the  appropriate  manning  of  the  ship.  The
master  shall  take  all  necessary  steps  to  ensure  that  the  requirements  on  seafarers’  hours  of  work  and  rest
arising  from  this  Agreement  are  complied  with.

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Clause  13

1.  All  seafarers  shall  possess  a  certificate  attesting  to  their  fitness  for  the  work  for  which  they  are  to  be

employed  at  sea.

The  nature  of  the  health  assessment  to  be  made  and  the  particulars  to  be  included  in  the  medical
certificate  shall  be  established  after  consultation  with  the  shipowners’  and  seafarers’  organisations
concerned.

All  seafarers  shall  have  regular  health  assessments.  Watchkeepers  suffering  from  health  problems
certified  by  a  medical  practitioner  as  being  due  to  the  fact  that  they  perform  night  work  shall  be
transferred,  wherever  possible,  to  day  work  to  which  they  are  suited.

2.  The health assessment referred to in paragraph 1 shall be free and comply with medical confidentiality.

Such  health  assessments  may  be  conducted  within  the  national  health  system.

Shipowners  shall  provide  information  on  watchkeepers  and  other  night  workers  to  the  national  competent
authority  if  they  so  request.

Clause  14

Clause  15

Seafarers  shall  have  safety  and  health  protection  appropriate  to  the  nature  of  their  work.  Equivalent
protection and prevention services or facilities with regard to the safety and health of seafarers working by
day  or  by  night  shall  be  available.

Clause  16

Every  seafarer  shall  be  entitled  to  paid  annual  leave  of  at  least  four  weeks,  or  a  proportion  thereof  for
periods  of  employment  of  less  than  one  year,  in  accordance  with  the  conditions  for  entitlement  to,  and
granting  of,  such  leave  laid  down  by  national  legislation  and  or/practice.

The  minimum  period  of  paid  annual  leave  may  not  be  replaced  by  an  allowance  in  lieu,  except  where  the
employment  relationship  is  terminated.

Done  at  Brussels,  30  September  1998.

Federation  of  Transport  Workers’  Unions  in  the  European  Union  (FST)

European  Community  Shipowners’  Association  (ECSA)