Proposal for a Council Decision on authorising Member States to ratify, in the interests of the European Community, the 2006 Consolidated Maritime Labour Convention of the International Labour Organisation
Date: 2006-06-15
Institutions: European Commission
Subjects: EU Member State, International Labour Organisation, crew, international convention, labour law, maritime transport, ratification of an agreement, working conditions

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 15.6.2006 
COM(2006) 288 final 

2006/0103 (CNS) 

Proposal for a 

COUNCIL DECISION 

on authorising Member States to ratify, in the interests of the European Community, the 
2006 Consolidated Maritime Labour Convention of the International Labour 
Organisation  

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

1)  CONTEXT OF THE PROPOSAL 

•  Grounds for and objectives of the proposal 

The consolidated maritime labour Convention of the International Labour Organization 
(hereinafter called the ILO) on Maritime labour was adopted on 23 February 2006 by 
the  maritime  session  of  the  International  Labour  Conference  of  the  ILO  convened  in 
Geneva by the Governing Body of the International Labour Office at its 94th session 
(hereafter called the 2006 Convention). 

In  January  2001,  the  ILO  began  to  consolidate  and  to  update  the  maritime  standards 
contained  in  the  current  conventions  and  recommendations  in  order  to  have  a  single 
legal  instrument  adopted  by  the  conference  of  the  organisation,  namely  the 
consolidated Convention on maritime labour. This Convention is aimed at establishing 
minimum international standards for the entire sector that are simple, clear, coherent, 
acceptable and applicable so as to provide an outline maritime labour code. 

The social standards applicable needed to be redefined on account of disaffection with 
the  occupation  of  seafarers  and  the  human  factor  in  maritime  accidents.  Over  1.2 
million seafarers are employed in the maritime industry worldwide and this activity is 
vitally important to the world economy, accounting, as it does, for 90% of the trade.  

The  ultimate  aim  of  the  2006  Convention  is  to  achieve  and  maintain  a  level  playing 
field in the shipping industry by fostering the promotion of decent living and working 
conditions for seafarers and fairer conditions of competition in the world and thereby to 
remedy the low rate of ratification of many conventions in the field of maritime labour. 

The  consistency  and  compatibility  between  the  ILO  provisions  and  the  community 
Acquis has been followed-up in the EU coordination. This was particularly relevant for 
some  areas  of  the  Convention  that  fall  within  the  exclusive  community  competence, 
namely 
the  social  security  schemes'  coordination,  flowing  from  Regulation 
1408/71/EEC of 14 June 1971 on the application of social security system schemes to 
employed persons and their families moving within the Community adopted pursuant 
to Article 42 of the EC Treaty. Regulation 1408/71 of 14 June 1971 has been replaced 
by  Regulation  883/2004/EC  and  its  application  has  been  extended  to  third  country 
nationals by Regulation 859/2003. Regulation 1408/71 sets up specific provisions for 
seafarers in Article 13§2c) and 14 b). Concerning third countries nationals, Regulation 
859/2003  of  1  June  2003  sets  out  rules  applicable  and  provides  them  with  the  same 
social security protection rights as Union nationals when moving within the EU. 

In  the  ILO  text,  both  the  flag  state  and  the  state  of  residence  are  responsible  but  for 
different areas of social security coverage whereas under EC law, the flag state is, as a 
rule, designated as the country whose social security legislation should apply according 
to Regulation 1408/71 and Regulation 883/2004. 

To  regulate  potential  law  conflicts  between  the  2006  Convention  and  the  EC  law 
Acquis on the coordination of social security schemes, a savings clause was included in 
the  text  during  the  Preparatory  Technical  Maritime  Conference  in  Geneva  (13/24 
September 2004). This clause should safeguard and ensure the precedence of EC law 

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on  the  coordination  of  social  security  schemes  in  case  the  Convention  leads  to  an 
outcome which differs from the EC rules on this matter. 

In  fact,  in  accordance  with  the  AETR  case  law  of  the  Court  of  Justice  on  external 
competence, Member States are no longer able to ratify on their own initiative the 2006 
Convention  as  its  provisions  concerning  the  coordination  of  social  security  regimes 
affect the exercise of the Community's exclusive competence in this area. 

In  this  context  and  in  order  to  ensure  compliance  with  the  sharing  of  competences 
between  the  Community  and  Member  States  as  laid  down  by  the  Treaty,  the 
Commission proposes that the Council should authorise the Member States to ratify the 
2006 Convention in the interests of the Community. 

•  General context 

The 2006 Convention is in line with the core mandate of the ILO, which includes the 
establishment  of  international  labour  standards  for  maritime  transport  with  a  view  to 
promoting  decent  working  conditions  for  seafarers.  The  2006  Convention  takes  into 
account  the  fact  that,  given  the  global  nature  of  the  shipping  industry,  seafarers  need 
special protection. 

The  2006  Convention  sets  out  maritime  labour  standards  grouped  together  under  5 
headings: the minimum conditions required to work on-board; employment conditions, 
accommodation and catering, social protection and welfare and the application of and 
compliance  with  the  provisions  of  the  Convention.  The  text  spells  out  the  rights  of 
seafarers  regardless  of  the  flag  of  the  vessel  on  which  they  serve  and  sets  up 
obligations  incumbent  respectively  on  shipowners,  flag  states,  port  states  and  labour 
supplying states. 

For its implementation, the 2006 Convention requires flag States to put in place a firm 
enforcement  system  based  on  a  certification  scheme  and  periodic  inspections.  States 
will  issue  a  certificate  to  ships  flying  their  flag  once  the  competent  authorities  have 
checked  that  working  conditions  on-board  comply  with  the  national  laws  and 
regulations adopted to implement the 2006 Convention. The 2006 Convention lays on 
the  mechanism  of  "no  more  favourable  treatment"  clause  to  ensure  that  the  ships  of 
States that have not ratified the Convention do not receive more favourable treatment 
than ships that fly the flag of a State that has ratified it.  

There is a substantial community Acquis deriving from the Articles 42; 71; 137; 138 of 
the  Treaty  on  a  wide  range  of  issues  covered  by  the  2006  Convention.  Shared 
competence  matters  affected  by  the  2006  Convention  represent  the  bulk  of  the 
provisions  of  the  text.  The  Community  competence  has  been  exercised  inter  alia  in 
fields such as working conditions, equality and non discrimination, health protection, 
medical  care,  prevention  of  accidents,  welfare,  port  state  control  and  enforcement  of 
provisions  related  to  the  working  hours  of  seafarers  on  board  ships  calling  at 
Community  ports.  It  should  be  noted  that  some  areas  covered  by  the  Convention  are 
not governed by specific Community legislation, such as accommodation requirements, 
recruitment and placement agencies.  

Concerning  the  port  state  control,  Directive  1995/21/EC  on  port  state  control  of 
shipping refers to ILO Convention 73 concerning medical examination of seafarers, in 

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its  annex  2,  containing  the  list  of  certificates  and  documents  and  to  ILO  conventions 
pertaining to food, potable water, sanitary conditions on-board and heating, in its annex 
6, setting criteria for the detention of a ship. ILO Convention 147 on merchant shipping 
is also referred to in the definitions fixed in the Directive 1995/21. The substitution of 
the 2006 Convention for the ILO existing conventions has a direct impact on Directive 
1995/21. 

•  Existing provisions in the area of the proposal 

There are no existing provisions in the area of the proposal. 

•  Consistency with the other policies and objectives of the Union 

Not applicable 

2)  CONSULTATION OF INTERESTED PARTIES AND IMPACT ASSESSMENT 

•  Consultation of interested parties 

Not relevant 

•  Collection and use of expertise 

There was no need for external expertise. 

•  Impact assessment 

Not relevant  

Then there is no need to consider several options. 

3)  LEGAL ELEMENTS OF THE PROPOSAL 

•  Summary of the proposed action 

The  application  of  the  Community  rules  on  areas  covered  by  the  2006  Convention 
should be preserved and a clear signal should be given to the rest of the world on the 
importance  the  Community  attaches  to  the  2006  Convention  and  to  the  working  and 
living conditions of seafarers. 

It  follows  from  the  ILO's  operating  rules  that  the  process  of  signature  before 
ratification  which  exists  in  other  fora  is  replaced  here  by  a  voting  procedure  (which 
took  place  at  the  Labour  International  Conference  on  23  February  2006)  which  is 
equivalent to signature, but the 2006 Convention has not yet entered into force. Only 
States  may  accede  to  the  2006  Convention.  However  the  European  Commission  was 
strongly  involved  in  the  preparation  and  negotiations  through  the  European  Union 
coordination in the ILO. Given the tripartite nature of ILO, states and employers' and 
workers' delegates took part in the negotiations and to the vote on the adoption of the 

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2006 Convention. The European Commission was present as an observer and did not 
take part in the negotiations as such but it has taken note of the favourable vote of the 
Member States which took part in the negotiations on the 2006 Convention as well as 
of the need for it to enter into force at the earliest opportunity. 

In view of the fact that competence over coordination of social security schemes is a 
Community  competence,  the  Commission  proposes  that  the  Council  should  authorise 
those  Member  States  which  are  bound  by  Community  rules  in  this  area  to  ratify  the 
2006 Convention in the interests of the Community. 

The  proposed  Decision  will  therefore  enable  Member  States  to  take  without  further 
delay all the steps necessary for ratification. 

•  Legal basis 

Article 42 of ECT 

•  Subsidiarity principle 

The proposal falls under the exclusive competence of the Community. The subsidiarity 
principle therefore does not apply. 

•  Proportionality principle 

The proposal complies with the proportionality principle for the following reason(s). 

Not relevant 

Not relevant 

•  Choice of instruments 

Proposed instruments: other 

Other means would not be adequate for the following reason(s). 

Not relevant and not adequate 

4)  BUDGETARY IMPLICATION 

The proposal has no implication for the Community budget. 

5)  ADDITIONAL INFORMATION 

•  Detailed explanation of the proposal 

Not relevant 

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2006/0103(CNS) 

Proposal for a 

COUNCIL DECISION 

on authorising Member States to ratify, in the interests of the European Community, the 
2006 Consolidated Maritime Labour Convention of the International Labour 
Organisation  

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty establishing the European Community, and in particular Article 
42 in conjunction with the first sentence of the first subparagraph of Article  300(2) and the 
first subparagraph of Article 300(3) thereof 

Having regard to the proposal from the Commission1, 

Having regard to the opinion of the European Parliament2, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

(5) 

The  2006  consolidated  Convention  of  the  International  Labour  Organisation 
(hereinafter  referred  to  as  the  ILO)  on  maritime  labour  was  adopted  on  23  February 
2006  by  the  maritime  session  of  the  International  Labour  Conference  of  the  ILO 
convened in Geneva. 

This  Convention  brings  a  major  input  in  the  shipping  sector  at  international  level  in 
promoting  decent  living  and  working  conditions  for  seafarers  and  fairer  competition 
conditions for operators and shipowners and it is therefore desirable that its provisions 
should be applied as soon as possible.  

This  new  legal  instrument  lays  the  foundations  for  an  international  maritime  labour 
code by setting minimum labour standards. 

The European Community seeks to achieve the establishment of a level playing field 
in the maritime industry. 

Article 19§8 of the ILO Constitution states that “in no case, shall the adoption of any 
Convention  or  Recommendation  by  the  Conference,  or  the  ratification  of  any 
Convention by any Member, be deemed to affect any law, award, custom or agreement 
which  ensures  more  favourable  conditions  to  the  workers  concerned  than  those 
provided for in the Convention or Recommendation.  

1 
2 

OJ C , , p. . 
OJ C , , p. . 

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(6) 

(7) 

(8) 

Some articles of the Convention fall within the Community’s exclusive competence in 
the area of social security schemes coordination.  

The Community cannot ratify the Convention, as only Member States can be parties 
thereto. 

The  Council  should  therefore  authorise  the  Member  States  which  are  bound  by  the 
Community rules on social security schemes coordination based on Article 42 of the 
Treaty to ratify the Convention in the interests of the Community, under the conditions 
laid down in this Decision 

HAS ADOPTED THIS DECISION:  

The  Member  States  are  hereby  authorised  to  ratify  the  2006  ILO  consolidated  Maritime 
Labour Convention, adopted on 23 February 2006. 

Article 1 

Article 2 

The Member States shall take the necessary steps to deposit their instruments of ratification of 
the  Convention  with  the  Director-General  of  the  International  Labour  Office  before  31 
December 2008. The Council will review the progress on the ratification before June 2008. 

Article 3 

This Decision is addressed to the Member States in accordance with the Treaty establishing 
the European Community.  

Done at Brussels,  

For the Council 
The President 

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