2007/431/EC: Council Decision of 7 June 2007 authorising Member States to ratify, in the interests of the European Community, the Maritime Labour Convention, 2006, of the International Labour Organisation
Date: 2007-06-04
Institutions: Council of the European Union
Subjects: EU Member State, International Labour Organisation, international convention, labour law, maritime transport, ratification of an agreement, working conditions

22.6.2007

EN

Official Journal of the European Union

L 161/63

(Acts adopted under the EC Treaty/Euratom Treaty whose publication is not obligatory)

II

DECISIONS

COUNCIL

COUNCIL DECISION

of 7 June 2007

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

(2007/431/EC)

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 Commission,

Having regard to the opinion of the European Parliament (1),

Whereas:

(1)

(2)

(3)

The Maritime Labour Convention, 2006, of the Interna-
tional Labour Organisation (hereinafter referred to as the
Convention and the ILO, respectively) was adopted on
7 February 2006 by the maritime session of the Interna-
tional Labour Conference of
the ILO convened in
Geneva.

level

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

The Convention lays the foundations for an international
maritime
code by setting minimum labour
standards.

labour

(1) Opinion delivered on 14 March 2007 (not yet published in the

Official Journal).

(4)

(5)

(6)

(7)

(8)

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

Article 19, paragraph eight 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 Recom-
mendation’.

Some provisions of
the Convention fall within the
Community’s exclusive competence as regards the coor-
dination of social security schemes.

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

The Council should therefore authorise the Member
States which are bound by the Community rules on
the coordination of social security schemes 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:

Article 1

Member States are hereby authorised to ratify, for the parts
falling under Community competence,
the Maritime Labour
Convention, 2006, of the International Labour Organisation,
adopted on 7 February 2006.

L 161/64

EN

Official Journal of the European Union

22.6.2007

Article 2

Member States should make efforts to take the necessary steps to deposit their instruments of ratification of
the Convention with the Director-General of the International Labour Office as soon as possible, preferably
before 31 December 2010. The Council will review the progress of the ratification before January 2010.

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

Article 3

Done at Luxembourg, 7 June 2007.

For the Council
The President

M. GLOS