Proposal for a Council Directive concerning the enforcement of seafarers' hours of work on board ships using Community ports
Date: 1998-11-18
Institutions: European Commission
Subjects: arrangement of working time, crew, occupational safety, organisation of work, transport staff, working time

C  43/16

EN

Official  Journal  of  the  European  Communities

17.2.1999

Proposal  for  a  Council  Directive  concerning  the  enforcement  of  seafarers’  hours  of  work  on
board  ships  using  Community  ports

(1999/C  43/04)

(Text  with  EEA  relevance)

COM(1998)  662  final  —  98/0321(SYN)

(Submitted  by  the  Commission  on  24  November  1998)

THE  COUNCIL  OF  THE  EUROPEAN  UNION,

Having  regard  to  the  Treaty  establishing  the  European
Community,  and  in  particular  Article  84(2)  thereof,

Having  regard  to  the  proposal  from  the  Commission,

Having regard to the opinion of the Economic and Social
Committee,

Acting  in  accordance  with  the  procedure  laid  down  in
Article  189c  of  the  Treaty,

(1)  Whereas  Community  action  in  the  field  of  social
policy aims, inter alia, at improving the health and
safety  of  workers  in  their  working  environment;

(2)  Whereas  Community  action 

field  of
maritime  transport  aims,  inter  alia,  at  improving
shipboard 
living  and  working  conditions  of
seafarers,  safety  at  sea  and  the  prevention  of
pollution  caused  by  maritime  accidents;

the 

in 

(3)  Whereas  the  International  Labour  Organisation
Conference adopted during its 84th session of 8 to
22  October  1996  the  Convention  concerning
seafarers’ hours of work and the manning of ships,
1996  (ILO  No  180)  and  the  Protocol  to  the
Merchant 
Standards)
Convention,  1976;

(Minimum 

Shipping 

(4)  Whereas,  Council  Directive  . . ./. . ./EC  hereinafter
called ‘MWT Directive’, adopted under Article 4(2)
of the Agreement on social policy aims to put into
effect the European Agreement on the organisation
of  working  time  of  seafarers  concluded  on  30
September  1998  between  the  social  partners,
hereinafter  referred  to  as  ‘the  Agreement’;  whereas
the  content  of  the  Agreement  reflects  certain

provisions  of  ILO  Convention  No  180  concerning
seafarers’ hours of work and the manning of ships;
whereas  this  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;

(5)  Whereas  the  purpose  of  this  Directive  is  to  apply
the provisions of the MWT Directive which reflect
the  provisions  of  ILO  Convention  No  180  to  any
ship  calling  at  a  port  of  a  Member  State,
irrespective of the flag it flies; shereas however the
MWT  Directive  includes  requirements  which  are
not  to  be  found  in  the  ILO  Convention  No  180
and  should  not  therefore  be  enforced  on  board
ships  not  flying  the  flag  of  a  Member  State;

(6)  Whereas  the  MWT  Directive  applies  to  seafarers
on  board  every  seagoing  ship  registered  in  the
territory  of  a  Member  State;  whereas  Member
the
States 
provisions  of  this  Directive  by  ships  registered  in
their  territory;

should  monitor  compliance  with 

(7)  Whereas,  in  order  to  protect  safety  and  to  avoid
distortions  of  competition,  Member  States  should
be  allowed  to  verify  compliance  with  the  relevant
provisions  of  the  MWT  Directive  by  all  sea-going
vessels  calling  at  their  ports,  irrespective  of  the
State  in  which  they  are  registered;

(8)  Whereas,  in  particular,  ships  flying  the  flag  of  a
State  which  is  not  a  party  to  ILO  Convention  No
180  or  the  Protocol  to  Convention  ILO  No  147
should  not  receive  a  more  favourable  treatment
than  those  flying  the  flag  of  a  State  which  is  a
Party  to  these  or  one  of  these  Conventions;

(9)  Whereas, 

for 

the  control  of 

the  effective
the  MWT
application  and  enforcement  of 
Directive,  it  is  necessary  that  Member  States  carry
out  inspections  on  board  ships,  notably  after
having  received  a  complaint  by  the  master,  a  crew
member,  or  any  person  or  organisation  with  a

17.2.1999

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Official  Journal  of  the  European  Communities

C  43/17

legitimate interest in the safe operation of the ship,
shipboard  living  and  working  conditions  or  the
prevention  of  pollution;

(10)  Whereas for the purpose of this Directive, Member
States,  on  their  own  initiative,  may  designate,  as
appropriate,  Port  State  Control  inspectors  to  carry
inspections  on  board  vessels  calling  at
out 
Community  ports.

(11)  Whereas  the  evidence  that  a  ship  does  not  comply
with  the  requirements  of  the  MWT  Directive  may
be  obtained  after  verification  of  the  shipboard
working  arrangements  and  seafarers’  records  of
hours  of  work  or  hours  of  rest,  or  when  the
inspector  has  a  reasonable  belief  that  seafarers  are
excessively fatigued.

(12)  Whereas,  in  order  to  rectify  any  conditions  on
board a ship which are clearly hazardous to safety
or  health,  the  competent  authority  of  the  Member
State in whose port the ship has called may impose
a prohibition to leave the port until the deficiencies
found have been rectified or the crew is sufficiently
rested.

(13)  Whereas,  since  the  MWT  Directive  reflects  the
provisions  of  the  ILO  Convention  No  180,
verification of compliance by ships registered in the
territory of a third State with the provisions of that
Directive  could  only 
this
Convention  has  entered  into  force;

take  place  once 

(14)  Whereas, since the Agreement on social policy does
not  apply  to  the  United  Kingdom,  the  MWT
Directive  is  not  legally  binding  on  that  Member
State;  whereas  however,  Directive  . . ./. . ./EC  of  . .
. .  199.  has  extended  the  provisions  of  the
Directive implementing the European Agreement to
the  United  Kingdom,

HAS  ADOPTED  THIS  DIRECTIVE:

Article  1

Purpose  and  scope

1. The  purpose  of  this  Directive 
is  to  provide  a
mechanism  for  the  verification  and  enforcement  of
compliance  by  ships  calling  at  ports  of  Member  States
with  the  MWT  Directive  in  order  to  improve  maritime
safety,  working  conditions  and  the  health  and  safety  of
seafarers  on  board  ships.

2. For  the  purpose  of  this  Directive,  the  provisions  of
the MWT Directive are applicable to ships registered in a
Member  State  and  to  ships  not  registered  in  the  territory
of  or  not  flying  the  flag  of  a  Member  State,  with  the
exception,  for  the  latter,  of:

—  the  requirements  maintained  or  introduced  by  the
Member States which are more favourable than those
laid  down  in  ILO  Convention  No  180,

—  Clauses 13 to 16 of the European Agreement attached

to  the  MWT  Directive.

Article  2

Definitions

For  the  purpose  of  this  Directive,

(a)  ‘ship’:  means  any  seagoing  vessel  registered  in  a
Member  State 
the  MWT
Directive, as well as any seagoing vessel to which the
ILO  Convention  No  180  applies,  flying  a  flag  other
than  that  of  the  port  State;

in  accordance  with 

(b) ‘competent 

authority’:  means 

competent
authorities  designated  by  the  Member  States  to
perform  functions  under  this  Directive;

the 

(c)  ‘competent 

authority’:  means 

competent
authorities  designated  by  the  Member  States  to
perform  functions  under  this  Directive;

the 

(d) ‘complaint’:  means 

information  submitted  by  a
member  of  the  crew,  a  professional  body,  an
association,  a  trade  union  or,  generally,  any  person
with an interest in the safety of the ship, including an
interest  in  safety  or  health  hazards  to  its  crew.

Article  3

Enforcement

Without  prejudice  to  Article  1(2)  if  a  Member  State  in
whose  port  a  ship  calls  voluntarily  in  the  normal  course
of  its  business  or  for  operational  reasons  receives  a
complaint  or  obtains  evidence  that  the  ship  does  not
conform  to  the  standards  referred  to  in  the  MWT
Directive,  it  shall  prepare  a  report  addressed  to  the
government of the country in which the ship is registered
and  shall 
to  rectify  any
conditions  on  board  which  are  clearly  hazardous  to  the
safety  or  health  of  seafarers.

take  measures  necessary 

C  43/18

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Official  Journal  of  the  European  Communities

17.2.1999

Article  4

Means  to  obtain  evidence  of  non-compliance

In determining whether there is evidence that a ship does
not  conform  to  the  standards  laid  down  in  the  MWT
Directive, as referred to in Article 3, the Member State in
whose  port  the  ship  calls  shall  conduct  an  investigation
on  board  whether:

—  a table with the shipboard working arrangements has
been established in the working language or languages
of  the  ship  and  in  English  according  to  the  model
format  reproduced  in  Annex  I,  or  in  an  alternative
equivalent format, and is posted on board in an easily
accessible place,

—  seafarers’  records  of  hours  of  work  or  hours  of  rest
have  been  established  in  the  working  language  or
languages of the  ship and  in  English according to the
model  format  reproduced  in  Annex  II,  or  in  an
alternative  equivalent  format,  and  are  kept  on  board
and  have  been  endorsed  at  appropriate  intervals  by
the competent authority of the State where the ship is
registered.

When there are indications that seafarers on board a ship
calling  at  a  port  of  a  Member  State  are  unduly  fatigued,
as  a  result  of  excessive  working  hours  or  insufficient
hours  of  rest,  the  inspector  may  decide,  using  his
ship  does  not
professional 
substantially  conform  to  the  requirements  of  the  MWT
Directive.

judgement, 

that 

the 

Article  5

Rectification  of  deficiencies

When, pursuant to Articles 3 and 4, a Member State has
received  a  complaint  or  obtained  evidence  that  a  ship
does  not  conform  to  the  standards  referred  to  in  the
MWT  Directive,  it  shall  take  the  necessary  measures  to
ensure  that  any  conditions  on  board  which  are  clearly
hazardous  to  safety  or  health  of  seafarer  are  rectified.

Such  measures  may  include  a  prohibition  to  leave  the
port  until  deficiencies  found  have  been  rectified  or  the
seafarers  are  sufficiently  rested.

Article  6

Follow-up  procedures

1.
In the event that a ship is prohibited to leave the port
pursuant  to  Article  5,  the  competent  authority  of  the
Member  State  shall  inform  the  master,  the  owner  or
operator, the administration of the flag, State or the State

where  the  ship  is  registered  or  the  Consul,  or  in  his
absence the nearest diplomatic representative of the State,
of the results of the inspections, of any decisions taken by
the  inspector,  and  of  corrective  actions  required,  if
necessary.

2. When carrying out an inspection under this Directive,
all  possible  efforts  should  be  made  to  avoid  a  ship  being
unduly delayed. If a ship is unduly delayed, the owner or
operator shall be entitled to compensation for any loss or
damage  suffered.  In  any  instance  of  alleged  undue  delay
the  burden  of  the  proof  shall  lie  with  the  owner  or
operator  of  the  ship.

Article  7

Right  of  appeal

1. The  owner  or  the  operator  of  the  ship  or  his
representative  in  the  Member  State  shall  have  a  right  of
appeal  against  a  detention  decision  taken  by  the
competent  authority.  An  appeal  shall  not  cause  the
detention  to  be  suspended.

2. Member  States 
establish  and  maintain
appropriate  procedures  for  this  purpose  in  accordance
with  their  national  legislation.

shall 

3. The  competent  authority  shall  properly  inform  the
master of a ship referred to in paragraph 1 of the right of
appeal.

Article  8

Administrative  cooperation

Member  States  shall  make  provisions  for  cooperation
between  their  relevant  authorities  and  the  relevant
competent  authorities  of  other  Member  States  to  ensure
the  effective  application  of  this  Directive  and  shall  notify
the  Commission  of  those  provisions.

Article  9

No  more  favourable  treatment  clause

When  inspecting  a  ship  registered  in  the  territory  of  or
flying  the  flag  of  a  State  which  has  not  ratified  the  ILO
Convention  No  180  or  the  Protocol  to  ILO  Convention
No 147, Member States shall, once these instruments are
in  force,  ensure  that  the  treatment  given  to  such  ships
and their crew is no more favourable than that given to a
ship registered into the territory of or flying the flag of a
State  which 
is  a  Party  to  these  or  one  of  these
Convention.

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C  43/19

Article  10

Final  provisions

Article  11

Non-Member  States  vessels

1. Member  States  shall  bring  into  force  the  laws,
regulations  and  administrative  provisions  necessary  to
comply  with  this  Directive  not  later  than  30  June  2001.

2. By  way  of  derogation  to  paragraph  1,  this  Directive
shall  not  apply  to  the  United  Kingdom  until  the
implementation  date  referred  to  in  Directive  . . ./. . ./EC
which extends the provisions of the European Agreement
to  the  United  Kingdom.

3. When Member States adopt these measures, they shall
contain  a  reference  to  this  Directive  or  shall  be
accompanied by such a reference on the occasion of their
official  publication.  The  methods  of  making  such  a
reference  shall  be  laid  down  by  Member  States.

4. The  Member  States  shall  immediately  notify  to  the
Commission  all  provisions  of  domestic  law  which  they
adopt  in  the  field  governed  by  this  Directive.  The
Commission  shall 
inform  the  other  Member  States
thereof.

The  requirements  of  this  Directive  shall  apply  to  vessels
not registered in the territory of or not flying the flag of a
Member  State  only  three  months  after  the  date  of  entry
into force of the Convention concerning Seafarers’ Hours
of  Work  and  the  Manning  of  Ships,  1996  (ILO  No  180)
and  of  the  date  of  entry  into  force  of  the  Protocol  of
1996  to  the  Merchant  Shipping  (Minimum  Standards)
Convention,  1976.

Article  12

Entry  into  force

This  Directive  shall  enter  into  force  on  the  day  of  its
publication  in  the  Official  Journal  of  the  European
Communities.

Article  13

Addressees

This  Directive  is  addressed  to  the  Member  States.

MODEL FORMAT FOR TABLE OF SHIPBOARD WORKING ARRANGEMENTS (1)

ANNEX  I

Name of ship: _____________00Flag of ship: _____________00IMO number (if any): _____________00Latest update of table: _____________ ( ) of ( ) pages.

The maximum hours of work or minimum hours of rest are applicable in accordance with: _____________ (national law or regulation) issued in conformity with ILO’s Seafarer’s Hours of Work and the
Manning of Ships Convention 1996 (No 180) and with any applicable collective agreement registered or authorised in accordance with that Convention and with the International Convention on stan-
dards of training, certification and watchkeeping for seafarers, 1978, as amended, (STCW Convention) (2).

Maximum hours of work or minimum hours of rest (3):  ___________________________________________________________________________________________

Other requirements:  ___________________________________________________________________________________________________________________________

Position/rank (4)

Scheduled daily work hours at sea

Scheduled daily work hours in port

Comments

Total daily work/rest hours (3)

Watchkeeping
(from-to)

Non-watchkeeping
duties
(from-to) (5)

Watchkeeping
(from-to)

Non-watchkeeping
duties
(from-to)

At sea

In ports

Signature of the Master: ______________________________

(1) The termns used in this model table are to appear in the working language or languages of the ship and in English.
(2) See overleaf for selected extracts from ILO Convention No 180 and the STCW Convention.
(3) Delete as applicable.
(4) For those positions/ranks that are also listed in the ship’s safe manning document, the terminology used should be the same as in that document.
(5) For watchkeeping personnel, the comments section may be used to indicate the anticipated number of hours to be devoted to unscheduled work and any such hours should be included in the appropriate total daily work hours

column.

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SELECTED  TEXTS  FROM  ILO  CONVENTION  No  180  AND  THE  STCW  CONVENTION

ILO  Convention  No  180

Article  5(1) 

Article  5(2) 

Article  5(6) 

Article  7(1) 

Article  7(3) 

The  limits  on  hours  of  work  or  rest  shall  be  as  follows:  (a)  maximum  hours  of  work
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 shall not be less than: (I) 10 hours in
any  24-hour  period;  and  (ii)  77  hours  in  any  seven-day  period.

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.

Nothing  in  paragraphs  1  and  2  shall  prevent  the  Member  State  from  having  national
laws or regulations or a procedure for the competent authority to authorise or register
collective agreements permitting exceptions to the limits set out. 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  ships  on  short  voyages.

Nothing in this Convention shall be deemed to impair the right of the master of a ship
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
ships  or  persons  in  distress  at  sea.

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.

STCW  Convention

Section  A-VIII/1of  the  STCW  Code  (Mandatory)

1. 

2. 

3. 

4. 

5. 

All persons who are assigned duty as officer in charge of a watch shall be provided a
minimum  of  10  hours  rest  in  any  24-hour  period.

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

The  requirements  for  rest  periods  laid  down  in  paragraphs  1  and  2  need  not  be
maintained  in  the  case  of  an  emergency  or  drill  or  in  other  overriding  operational
conditions.

Notwithstanding  the  provisions  of  paragraphs  1  and  2,  the  minimum  period  of  10
hours  may  be  reduced  to  not  less  than  six  consecutive  hours  provided  that  any  such
reduction  shall  not  extend  beyond  two  days  and  not  less  than  70  hours  of  rest  are
provided  each  seven  day  period.

Administrations  shall  require  that  wath  schedules  be  posted  where  they  are  easily
accessible.

Section  B-VIII/1  of  STCW  Code  (Guidance)

3. 

In  applying  Regulation  VIII/1,  the  following  should  be  taken  into  account:

1.  provisions  made  to  prevent  fatigue  should  ensure  that  excessive  or  unreasonable
overall  working  hours  are  not  undertaken.  In  particular,  the  minimum  rest
periods specified in Section A-VIII/1 should not be interpreted as implying that all
other  hours  may  be  devoted  to  watchkeeping  or  other  duties

2. 

3. 

that the frequency and length of leave periods, and the granting of compensatory
leave,  are  material  factors  in  preventing  fatigue  from  building  up  over  a  period
time

the  provision  may  be  varied  for  ships  on  short-sea  voyages,  provided  special
safety  arrangements  are  put  in  place.

MODEL FORMAT FOR RECORD OF HOURS OF WORK OR HOURS OF REST OF SEAFARERS (1)

Page 1 of 2

ANNEX  II

Name of ship:  ___________________________

IMO number (if any):  ____________________

Flag of ship: _________________________________

Seafarer (full name):  ______________________________________________________________________

Position/rank:  _______________________________

Month and year: _________________________

Watchkeeper (2):

yes

no

Record of hours of work/rest (3)
Please mark periods of work or rest, as applicable, with an ‘X’, or using a continous line arrow.

COMPLETE THE TABLE ON THE REVERSE SIDE

The following national laws, regulations and/or collective agreements governing limitations on working hours or minimum rest periods apply to this ship: __________________________

I agree that this record is an accurate reflection of the hours of work or rest of the seafarer concerned.

Name of master or person authorised by master to sign this record: _________________________________________________________________________________________________________________________

Signature of master or authorised person: ______________________________

Signature of seafarer: ________________________________________________

A copy of this record is to be given to the seafarer.

This form is subject to examination and endorsement under
procedures established by the

_______________________ (name of competent authority).

(1) The terms used in this model table are to appear in the working language or languages of the ship and in English.
(2) Check as appropriate.
(3) Delete as appropriate.

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Please mark periods of work or rest, as applicable, with an ‘X’, or using a continuous line or arrow

Hours 0

0 0 1 0 2 0 3 0 4 0 5 0 6 0 7 0 8 0 9 1 0 1 1 1 2 1 3 1 4 1 5 1 6 1 7 1 8 1 9 2 0 2 1 2 2 2 2 3

Date

Comments

Not to be completed by 
the seafarer (1)

Hours of
rest in
24-hour
period

Hours of work or
rest, as applicable
in any 24-hour
period (2)

Hours of work or
rest, as applicable
in any seven-day
period (2)

Hours 0 0 0 1 0 2 0 3 0 4 0 5 0 6 0 7 0 8 0 9 1 0 1 1 1 2 1 3 1 4 1 5 1 6 1 7 1 8 1 9 2 0 2 1 2 2 2 3

(1) For completion and use in accordance with the procedures established by the competent authority in compliance with the relevant requirements of the Seafarers’ Hours of Work and the manning of Ships Convention, 1966

(Convention No 180).

(2) Additional calculations  or  verifications may be necessary to ensure compliance with the relevant requirements of the Seafarers’ Hours of Work and the Manning of Ships Convention, 1966 (Convention No 180) and the

International Convention on standards of training, certification and watchkeeping, 1978 as amended (STCW Convention).

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