WRITTEN QUESTION E-4032/00 by Manuel Pérez Álvarez (PPE-DE) to the Commission. Workers' rights on flag of convenience vessels.
Date: 2000-12-21
Institutions: European Parliament, Provisional data
Subjects: crew, flag of convenience, labour law, worker (EU), working conditions

C 187 E/114

Official Journal of the European Communities

EN

3.7.2001

Infringement proceedings were already pending against Belgium in respect of certain other breaches of the
Directive and, depending on the further information obtained by the Commission, consideration will be
given to possible enlargement of the scope of those proceedings to include the incidents mentioned by the
Honourable Member.

Following its presentation of a report on the application of the relevant Directive to the Parliament and the
Council, the Commission will examine the extent to which it is necessary to update and improve the
provisions of this text.

(1) OJ L 148, 30.6.1995.

(2001/C 187 E/121)

WRITTEN QUESTION E-4032/00

by Manuel PØrez `lvarez (PPE-DE) to the Commission

Subject: Workers(cid:146) rights on flag of convenience vessels

(21 December 2000)

The necessary prerequisite of a proper job is that the work place meet proper health and safety standards,
independently of whether it is fixed or mobile, and that the employment be stable, within the range of
hiring possibilities provided for under whatever legal system applies.

Stability of employment
is not achievable when there is uncertainty, as is the case with flags of
convenience, under which legal security is scanty or non-existent, and there is a very real possibility of
workers(cid:146) social rights being flouted or ignored.

Does the Commissioner intend to tackle the question of specific rules and regulations for the working
conditions of EU workers serving on board flag of convenience vessels calling at Community ports?

Answer given by Mrs Diamantopoulou on behalf of the Commission

(8 March 2001)

The Honourable Member raises the issue of respecting the social rights of European workers serving on
board vessels flying the flag of a third country.

As regards protecting the health and safety of workers on board vessels, the Commission fully agrees with
the Honourable Member on the importance of assuring an appropriate level of protection for these
workers, independently of their work place, and particularly when they are on board vessels arriving at
Community ports, irrespective of their flag.

In this respect, it is important to mention Council Directive 92/29/EEC of 31 March 1992 concerning the
minimum safety and health requirements for improved medical treatment on board vessels (1), and Council
Directive 92/103/EC of 23 November 1993 concerning the minimum safety and health requirements for
work on board fishing vessels (2).

However, the definitions of vessels in these Directives (Articles 1 and 2 respectively)
imply that the
minimum requirements do not apply to vessels (cid:145)flying the flag of a Member State or registered under the
plenary jurisdiction of a Member State(cid:146).

The United Nations Convention on the Law of the Sea (3), to which the Community is a Contracting Party,
provides that every State shall take such measures for ships flying its flag as are necessary to ensure safety
at sea with regard, inter alia, to the manning of ships, the labour conditions and the training of crews,
taking into account the applicable international instruments. Consequently, the rights of workers on board
are defined by the law of the flag State, whatever their nationality.

3.7.2001

EN

Official Journal of the European Communities

C 187 E/115

However, it should also be pointed out that Council Directive 95/21/EC of 19 June 1995 (4) concerning
port State control of vessels stipulates (cid:129) inter alia (cid:129) on-board inspection on vessels putting into the ports
of Member States,
internationally applicable social
conditions under Convention 147 of
the International Labour Organisation (convention concerning
minimum standards to be observed on merchant vessels).

including vessels flying a non-European flag, of

(1) OJ L 113, 30.4.1992.
(2) OJ L 307, 13.12.1993.
(3) OJ L 179, 23.6.1998.
(4) OJ L 157, 7.7.1995.

(2001/C 187 E/122)

WRITTEN QUESTION E-4035/00

by Bart Staes (Verts/ALE) to the Commission

(21 December 2000)

Subject: 133 Committee

The 133 Committee is the real power behind and decision-making centre for the European Union(cid:146)s
commercial policy. It takes its name from Article 133 of the Treaty of Amsterdam. That article provides
for the establishment of a special committee appointed by the Council to assist the European Commission.
The 133 Committee constitutes the link between the European Commission and the Council.

Each Member State has one full and one substitute member to represent it on that committee. Those civil
servants take important decisions relating to international trade issues such as the banana dispute, the
supply of medicinal products to poor countries and the American levy on European steel. The Council
resolves any political problems and ratifies the decisions taken by the committee. Some proposals are
debated solely within the committee and approved en bloc by Coreper (the national civil servants
appointed to the European Union) without further debate.

Does the Commission take the view that a report should be published about the documents used by
1.
and the debates in the 133 Committee? If not, why does the Commission take the view that a report
should not be published about the documents used by and the debates in the 133 Committee?

Does it take the view that the public should have access to 133 Committee reports? If not, why does

2.
the Commission take the view that the public should not have access to 133 Committee reports?

3. Will the Commission ask for a report to be published henceforth about the documents used by and
the debates in the 133 Committee? Will the Commission also ensure that the public has access to those
reports? If not, why will the Commission not insist on the public(cid:146)s right to inspect the political decision-
making process of the 133 Committee?

Answer given by Mr Lamy on behalf of the Commission

(1 February 2001)

the EC Treaty sets out

Article 133 (ex Article 113) of
the framework for the formulation and
implementation of trade policy within the Community. The role of the Article 133 Committee, that the
Honourable Member refers to, is to advise the Commission in the conduct of trade negotiations. Specific
objectives for the Community in important trade matters and negotiations such as a new round of trade
negotiations in the World Trade Organisation (WTO) or the discussions for a trade agreement with
Mercosur are set out in Council conclusions or negotiating directives, which subsequently guide the work
taking place in the 133 Committee. On the role of the 133 Committee and democratic accountability, the
Commission would refer the Honourable Member to the reply to Written Question P-3674/00 by
Mr Schmid (1).