Opinion of the European Economic and Social Committee on the Communication from the Commission under Article 138(2) of the EC Treaty on the strengthening of maritime labour standards COM(2006) 287 final
Date: 2007-02-15
Institutions: European Economic and Social Committee
Subjects: EU Member State, International Labour Organisation, crew, international convention, labour law, maritime shipping, ratification of an agreement, social partners, worker consultation

28.4.2007

EN

Official Journal of the European Union

C 97/33

Opinion of the European Economic and Social Committee on the Communication from the
Commission under Article 138(2) of the EC Treaty on the strengthening of maritime labour stan-
dards

COM(2006) 287 final

(2007/C 97/11)

On 16 June 2006, the European Commission decided to consult the European Economic and Social
Committee, under Article 262 of the Treaty establishing the European Community, on the abovementioned
proposal.

The Section for Transport, Energy, Infrastructure and the Information Society, which was responsible for
preparing the Committee's work on the subject, adopted its opinion on 11 January 2007. The rapporteur
was Mr Etty.

At its 433rd plenary session, held on 15 and 16 February 2007 (meeting of 15 February), the European
Economic and Social Committee adopted the following opinion by 190 votes in favour with 5 abstentions.

1. Introduction

1.1
The 2006 consolidated Maritime Labour Convention is a
major new instrument of the International Labour Organisation
(ILO) which combines protection of seafarers' rights to decent
conditions of work with the creation of conditions of
fair
competition for shipowners.

1.2
It has been characterised as the fourth pillar of the inter-
national regulatory regime for quality shipping, complementing
the three major Conventions of
the International Maritime
Organisation (IMO): the International Convention for the Safety
of Life at Sea (SOLAS), the International Convention on Stan-
dards of Training, Certification and Watchkeeping (STCW), and
the International Convention for the Prevention of Pollution
from Ships (MARPOL).

The new Convention replaces 68 existing ILO maritime
1.3
instruments.
It will come into force when 30 ILO Member
States, which account for at least 33 % of world tonnage, have
ratified it.

2. Comments

2.1
The standards laid down in the Convention pertain to
the crews of sea-going vessels of a gross register tonnage of 500
tonnes or more, engaged in international voyages or sailing
between ports in a foreign country. They deal with:

— Minimum requirements for seafarers to work on a ship

— Conditions of employment

— Accommodation, recreational facilities, food and catering

in this new Convention, and with its good cooperation with the
Governments and the employers' and workers' organisations of
the Member States in the tripartite setting of the ILO. This has
certainly laid a firm foundation for the work which has to be
done now that the new instrument has been created: ratification
by the Member States and adapting, where necessary, the Com-
munity acquis.

2.3
The EESC may note that the Convention is the result of a
delicate balance reached in decision making at the international
level and in a tripartite setting. The Commission's actions
should strengthen and promote this result and avoid steps
which might jeopardise its successful implementation.

The EESC might endorse the Commission's determin-
2.4
ation to encourage early ratification by the Member States.
Obviously, such action by 27 Member States which account for
28 % of the world fleet would be a huge step forward.

2.5
Ratification is a matter for the Member States exclusively,
as the EU is not a member of the ILO. The EESC might note
and express its interest in the decision of the Commission to
invite the social partners at the European level to enter into
negotiations with a view to reaching an agreement. If such an
agreement could be reached, this could certainly facilitate ratifi-
cation by the Member States. The EESC expects that Member
States will ratify as soon as possible, hopefully in 2008.

2.6
Negotiations between the social partners have now
started. Under these circumstances, the EESC might think it
appropriate not to express itself for the time being on the three
main questions tabled by the Commission in its Communication
concerning:

— Health protection, medical care, welfare, and social security

protection, and

— Adaptation of the Community acquis

— Compliance and enforcement.

— Adoption of additional texts, and

the
The EESC might commend the Commission for
2.2
support it has given to the work in the ILO which has resulted

— Going beyond the provisions of the Convention.

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Official Journal of the European Union

28.4.2007

The same holds for the question whether or not Part B of the
Convention (the Guidelines) should be made binding.

If the social partners fail to reach an agreement, the EESC will
revisit these points.

account, the EESC might wish to observe that, whatever solution
the Commission envisages for ensuring Community coordina-
tion in a tripartite decision-making process,
it should never
weaken tripartite ILO provisions at the national level.

As regards the setting up of

the tripartite structure
2.7
provided for by the Convention, the EESC might note that such
mechanisms are not foreseen by the Treaty. Taking this into

The EESC might wish to recommend Commission
2.8
support for ILO expert meetings for the development of opera-
tional guidelines for Flag and Port State control.

Brussels, 15 February 2007.

The President

of the European Economic and Social Committee

Dimitris DIMITRIADIS

Opinion of the European Economic and Social Committee on EU-Japan Relations: The role of Civil
Society

(2007/C 97/12)

At its Plenary Session of 17 January 2007, the European Economic and Social Committee decided, under
rule 29(2) of its Rules of Procedure, to draw up an opinion on EU-Japan Relations: The role of Civil Society.

By letter dated 6 April 2006, Ms Benita Ferrero-Waldner, Commissioner for External Relations and European
Neighbourhood Policy of the European Commission, encouraged such an initiative.

The Section for External Relations, which was responsible for preparing the Committee's work on the
subject, adopted its opinion on 24 January 2007. The rapporteur was Ms Päärendson.

At its 433rd plenary session, held on 15-16 February 2007 (meeting of 16 February), the European
Economic and Social Committee adopted the following opinion by 112 votes to 3 with 28 abstentions.

1. Executive Summary and Recommendations

increasing recognition of shared challenges shows that the time
is ripe for more contact.

1.1
The Committee has been encouraged by the European
Commission to examine developments in civil society in Japan
and to consider ways in which the European Union (EU) could
cooperate with it to further strengthen EU-Japan relations.

1.2
The EU and Japan share many common values and inter-
ests. There are many areas where cooperation on an official
level are established and working well.

Japanese interest in regional cooperation on the model of

1.3
‘functional integration’ is growing in importance.

1.4
The role of civil society in Japan is of steadily increasing
importance although most often it still focuses on local and
regional issues.

It will

take significant

1.6
time to establish more and
stronger contacts and identifying the best partners will be
crucial.

An important initial step could be to hold a meeting to
1.7
identify common problems and to consider how to start to
tackle these.

1.8
Appropriate civil society organisations from both part-
ners should routinely be considered for inclusion in relevant
seminars and similar events.

There are currently relatively few areas of strong contact
1.5
between the EU and Japanese civil societies although the

Over time a more structured dialogue on the model of a

1.9
round table could be envisaged.