Proposal for a Council Directive implementing the agreement concluded by the European community shipowners' associations (ECSA) and the European transport workers' federation (ETF) on the maritime labour convention, 2006 and amending Directive 1999/63/EC
Date: 2008-07-02
Institutions: European Commission
Subjects: crew, international convention, labour law, maritime transport, occupational health, occupational safety, organisation of work, working conditions

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 2.7.2008 
COM(2008) 422 final 

Proposal for a 

COUNCIL DIRECTIVE 

implementing the Agreement concluded by the European Community Shipowners' 
Associations (ECSA) and the European Transport Workers' Federation (ETF) on the 
Maritime Labour Convention, 2006 and amending Directive 1999/63/EC 

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

1) CONTEXT OF THE PROPOSAL 

•  Grounds for and objectives of the proposal 

The  purpose  of  this  proposal  is  to  implement  the  Agreement  on  Maritime  Labour 
Convention, 2006, concluded on 19 May 2008, between the organisations representing 
management  and  labour  in  the  maritime  transport  sector  (European  Community 
Shipowners’ Associations, hereinafter referred to as “ECSA” and European Transport 
Workers’ Federation, hereinafter referred to as “ETF”). 

The Commission considers that if the provisions of the Maritime Labour Convention, 
2006  are  incorporated  into  Community  law,  they  will  enhance  the  attractiveness  of 
work  in  the  maritime  sector  for  European  seafarers,  thus  helping  to  create  more  and 
better jobs and, a more even playing field globally in the interest of all parties involved. 

•  General context 

The  maritime  shipping  sector  is  an  industry  operating  worldwide  .  As  such  it  is 
essential  to  define  and  enforce  global  minimum  standards  of  employment  and  health 
and safety conditions for seafarers employed or working on board a seagoing ship. 

The  International  Labour  Organisation  adopted  on  23  February  2006  the  Maritime 
Labour Convention, 2006, aiming to create a single, coherent instrument embodying all 
up-to-date standards applying to international maritime labour. Hence, this Convention 
incorporates the conventions and recommendations on maritime labour adopted by the 
ILO since 1919 into a single consolidated text to serve as a basis for the first universal 
Maritime Labour Code. 

The  Commission  actively  participated  in  works  on  the  Maritime  Labour  Convention 
from the outset. 

The Council adopted a Decision on 7 July 2007 authorising Member States to ratify the 
ILO Maritime Labour Convention, 2006 in the interests of the European Community, 
preferably before 31 December 20101. 

In  matters  of  social  policy,  the  Treaty  confers  a  unique  and  key  role  upon  the  social 
partners at Community level. Article 138 provides that any initiative in this area must 
be  subject  to  prior  consultation  of  the  social  partners  on  the  possible  direction  of  the 
action  and,  subsequently,  the  content  of  the  envisaged  proposal.  In  this  context,  the 
Commission  consulted  management  and  labour  on  the  advisability  of  developing  the 
existing Community acquis by adapting, consolidating or complementing it in the light 
of the Maritime Labour Convention, 20062. 

The social partners decided to engage in negotiations in the light of Article 139(1) of 
the Treaty and, on 19 May 2008 (in connection with the first European Maritime Day) 

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OJ L 161, 22.6.2007 
COM(2006) 287 final 

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they signed a joint agreement concerning the Maritime Labour Convention, 2006.  

The  social  partners  requested  the  Commission  to  propose  a  Council  Directive  giving 
effect  to  their  agreement  and  its  Annex  A  under  EU  law,  in  accordance  with  Article 
139 of the Treaty. The present proposal responds to this request.  

•  Existing provisions in the area of the proposal 

The  proposal  expressly  amends  Council  Directive  1999/63/EC  of  21  June  1999 
concerning the Agreement on the organisation of working time of seafarers concluded 
by the European Community Shipowners' Associations (ECSA) and the Federation of 
Transport  Workers'  Unions  in  the  European  Union  (FST)3.  Furthermore  it  adds  a 
complementary  regulation  regarding  the  maritime  sector  in  the  field  covered  by 
Council  Directive  94/33/EC  of  22  June  1994  on  the  protection  of  young  people  at 
work. 

The  great  majority  of  Community  provisions  in  the  field  of  health  and  safety  of 
workers at work adopted under Article 137 EC apply in full to the area covered by the 
proposal and in particular the provisions of Council Directive 89/391/EEC of 12 June 
1989  on  the  introduction  of  measures  to  encourage  improvements  in  the  safety  and 
health  of  workers  at  work  and  of  its  individual  Directives,  within  the  meaning  of 
Article 16(1) of that Directive. The same goes for the provisions of Council Directive 
92/29/EEC  of  31  March  1992  on  the  minimum  safety  and  health  requirements  for 
improved medical treatment on board vessels and of Council Directive 83/477/EEC of 
19 September 1983 on the protection of workers from the risks related to exposure to 
asbestos at work as modified by Directives 91/382/EEC and 2003/18/EC. 

In particular, the provisions of the proposal on medical care of seafarers and on health 
and  safety  protection  and  accident  prevention,  are  covered  by  Directives  92/29/EEC 
and 89/391/EEC respectively. 

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OJ L 167, 2.7.1999 

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•  Consistency with the other policies and objectives of the Union 

The  present  proposal  falls  within  the  framework  of  the  renewed  Lisbon  Strategy, 
aiming  to  enhance  both  growth  and  employment,  in  particular,  by  creating  more  and 
better jobs for a more dynamic and competitive Europe. 

Within  the  scope  of  an  integrated  maritime  policy  for  the  EU4  the  Commission  also 
lent its full support to "the social dialogue on the integration of the ILO Convention on 
maritime labour standards into Community law". 

Furthermore the Commission stressed in COM(2007)591 final that it would "continue 
to  work  towards  strengthening  the  international  regulatory  regime,  in  particular  by 
promoting  the  ratification  and  enforcement  of  international  standards  and  through 
international  agreements  with  third  countries  including  social  clauses  and  equal 
treatment clauses"5. 

2) CONSULTATION OF INTERESTED PARTIES AND IMPACT ASSESSMENT 

•  Consultation of interested parties 

Article  139(1)  of  the  Treaty  gives  the  social  partners  at  Community  level  the 
possibility,  should  they  so  desire,  to  enter  into  a  dialogue  which  may  lead  to 
contractual  relations,  including  agreements.  In  this  case,  the  Treaty  does  not  impose 
any requirement for prior consultation. 

•  Collection and use of expertise 

There was no need for external expertise. 

•  Impact assessment 

Not applicable. 

3) LEGAL ELEMENTS OF THE PROPOSAL 

•  Summary of the proposed action 

This  proposal  is  intended  to  implement  the  Agreement  on  the  Maritime  Labour 
Convention, 2006 concluded on 19 May 2008, between ECSA and ETF, organisations 

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Communication  from  the  Commission  to  the  European  Parliament,  the  Council,  the  European 
Economic and Social Committee and the Committee of the Regions - An Integrated Maritime Policy for 
the European Union (COM/2007/0575 final) 
Communication  from  the  Commission  to  the  European  Parliament,  the  Council,  the  European 
Economic and Social Committee and the Committee of the Regions - Reassessing the regulatory social 
framework for more and better seafaring jobs in the EU (first phase consultation of the social partners at 
Community level provided for in Article 138(2) of the Treaty) 

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representing management and labour in the maritime transport sector. 

The proposal also amends Council Directive 1999/63/EC of 21 June 1999, the scope of 
these  amendments  being  strictly  limited  to  matters  regulated  by  Maritime  Labour 
Convention, 2006. 

•  Legal basis 

Article 139(2) of the Treaty provides that "agreements concluded at Community level 
shall be implemented…, in matters covered by Article 137, at the joint request of the 
signatory  parties,  by  a  Council  decision  on  a  proposal  from  the  Commission".  The 
Agreement  concluded  by  ECSA  and  ETF  on  the  Maritime  Labour  Convention,  2006 
refers  to  working  conditions  and  contains  provisions  on  the  health  and  safety  of 
workers, an area which is governed by Article 137(1) of the Treaty. This is one of the 
fields  in  which  the  Council  can  decide  by  a  qualified  majority.  Article  139(2)  hence 
constitutes the proper legal basis for the Commission's proposal. 

In  its  Communication  "Adapting  and  promoting  the  social  dialogue  at  Community 
level"6, the Commission emphasised that "before any legislative proposal is presented 
to  the  Council,  the  Commission  carries  out  an  assessment  involving  consideration  of 
the  representative  status  of  the  contracting  parties,  their  mandate  and  the  legality  of 
each  clause  in  the  collective  agreement  in  relation  to  Community  law,  and  the 
provisions regarding small and medium-sized enterprises". 

This assessment is carried out below. 

1. Representativeness of the contracting parties and their mandate. 

The legitimacy of social partners to be consulted and to be given the right to negotiate 
agreements likely to be implemented by Council decision or directive is based on their 
representativeness. According to the Commission's 2006 study on representativeness of 
the sea and coastal water transport social partners , ETF and ECSA fulfil the criteria set 
out in the Communication COM(1998)322 final, of 20 May 1998 and are consequently 
confirmed as the European social partners for this sector. 

a) ETF 

The  study  states  that  there  is  at  least  one  affiliation  in  each  country  under 
consideration. In many countries there are multiple memberships. On aggregate, ETF 
has  54  direct  affiliations  from  the  countries  under  examination.  70.7%  of  the  unions 
examined are directly or indirectly (via higher-order units) affiliated to ETF. 

In  so  far  as  data  on  sectoral  membership  of  the  national  unions  provide  sufficient 
information on their relative strength, it can be concluded that ETF covers the sector's 
most important labour representatives. Exceptional cases of major unions non covered 
involve Cyprus and Sweden. Even in these cases, however, other important unions are 

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Communication  from  the  Commission  —  Adapting  and promoting  the  social  dialogue  at  Community 
level,  document  COM(1998)322  final  of  20  May  1998.  See  also  the  Communication  concerning  the 
application  of  the  Protocol  on  Social  Policy  presented  by  the  Commission  to  the  Council  and  the 
European Parliament, document COM(93) 600 final of 14.12.1993. 

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covered. All but two sector-related members of ETF, for which pertinent information is 
available  (i.e.  Lithuania's  LJS  and  Portugal's  OFICIAISMAR-FSM)  are  involved  in 
collective bargaining.  

European organisations other than ETF represent only a small number of sector-related 
unions and countries. 

This  involves  UNI  Europa,  with  6  affiliations  covering  3  countries;  the  Nordic 
Transport  Workers'  Federation  (NTF),  with  5  affiliations  covering  3  countries;  the 
European  Federation  of  Public  Service  Unions  (EPSU),  with  4  affiliations  and  3 
countries;  the  European  Federation  of  Trade  Unions  in  the  Food,  Agriculture  and 
Tourism Sectors and Allied Branches (EFFAT) and the European Mine, Chemical and 
Energy  Workers'  Federation  (EMCEF),  with  each  3  affiliations  and  3  countries;  The 
European  Metalworkers'  Federation  (EMF),  with  3  affiliations  and  2  countries;  the 
Nordic  Ship  Officers'  Congress  (NFBK),  with  2  affiliations  and  2  countries;  the 
European  Federation  of  Building  and  Woodworkers  (EFBWW)  and  the  European 
Federation  of  Retired  and  Older  People  (FERPA),  each  with  2  affiliations  and  one 
country; and the European Trade Union Committee for Textiles:Clothing and Leather 
(ETUF:TCL),  EURO-WEA,  NordIng,  EMPA  and  the  Fédération  des  Cadres  de 
l'Energie et de la Recherche, each with one affiliation. 

This  review  underscores  the  status  of  ETF  as  the  sector's  labour  representative,  the 
more so since many of the above affiliations to other European organisations reflect the 
overlapping  domains  of  the  affiliates  rather  than  a  real  attachment  to  the  sea  and 
coastal water transport sector. 

b) ECSA 

Of the 24 countries examined, ECSA has 21 under its umbrella through associational 
members  from  these  countries.  The  Czech  Republic,  Latvia  and  Romania  are  not 
covered.  This  lack  of  affiliations  in  three  Member  States  may  raise  doubts  as  to 
whether  representativeness  according  to  the  above  Commission  criterion  in  terms  of 
coverage  of  a  sufficient  number  of  Member  States  is  met.  Affiliated  and  unaffiliated 
associations co-exist in Cyprus, Denmark, Finland, Greece, Ireland, Italy and Sweden.  

Lack  of  comparable  membership  data  makes  it  difficult  to  bring  out  the  relative 
importance  of  affiliated  and  unaffiliated  associations  in  these  countries.  Taking  into 
account  also  an  association's  role  in  collective  bargaining  as  an  indicator  of  its 
significance,  it  is  clear  that  the  most  important  associations  of  Cyprus,  Denmark, 
Finland  and  Italy  are  affiliated.  In  Greece,  Ireland  and  Sweden  some  important 
employer associations (i.e. EEA and the Union of Domestic Ferries, IBEC and SARF) 
that conduct bargaining are outside.  

There are also some countries (i.e. Estonia, Ireland, Lithuania, Malta, Poland, Portugal, 
Sweden,  Slovenia  and  the  UK)  where  the  affiliates  of  ECSA  are  not  engaged  in 
bargaining.  With  the  exception  of  Ireland  and  Sweden,  no  other  association  that  is 
involved  in  bargaining  exists  in  these  countries.  This  is  because  in  this  group  of 
countries (with the exception of Sweden) sectoral multi-employer bargaining is absent, 
such that it is the companies themselves that engage in collective bargaining. In Ireland 
(on  behalf  of  individual  companies)  and  Sweden  (in  the  form  of  multi-employer 
bargaining), collective bargaining is conducted by an unaffiliated employer association. 

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Compared to ETF, a greater number of member associations under ECSA umbrella are 
not  involved  in  bargaining.  Industrial  relations  are  thus  not  the  primary  concern  of 
these associations. Some ECSA members may have a role in industrial relations only 
through  consultation  procedures  and  participation  in  tripartite  bodies.  Actually,  they 
may  regard  themselves  as  trade  associations  rather  than  as  industrial  relations  actors. 
By contrast, ECSA members cover collective bargaining in 10 countries (i.e. Austria, 
Belgium,  Cyprus,  Germany,  Denmark,  Spain,  Finland,  France,  Italy  and  the 
Netherlands).  

A  review  of  the  memberships  of  the  employer  associations  shows  that  there  are  no 
organisational  links  between  sector-related  employer  associations  and  European 
federations  other  than  ECSA.  Affiliations  are  recorded  only  for  federations  at 
international  level,  such  as  the  International  Chamber  of  Shipping  (ICS),  the 
International Shipping Federation (ISF), the Baltic and International Maritime Council 
(BIMCO), INTERTANKO and INTERCARGO.  

This underscores the relevance of ECSA as the representative European social partner 
for the employers in the sector. 

c) Mandate to negotiate 

Both  ETF  and  ECSA  have  a  mandate  to  negotiate  in  matters  of  the  European  social 
dialogue. However, ETF does not have a permanent mandate in this respect. Rather, it 
is  mandated  provisionally  to  negotiate  on  behalf  of  its  members  on  a  case  by  case 
basis. 

2. Legality of clauses of the agreement. 

The Commission has scrutinised all the clauses of the agreement and has not found any 
to be contrary to Community law. The obligations imposed on the Member States do 
not  arise  directly  from  the  agreement  between  the  social  partners  but  from  the 
arrangements for implementing the agreement in application of the directive. 

The content of the agreement remains within the remit of Article. 137 of the Treaty. 

Insofar  as  parts  of  the  agreement  require  amendments  to  EU  legislation  currently  in 
force, these amendments are included in the proposal.  

To the extent that parts of the agreement concern matters that are already covered by 
existing  provisions  of  Community  legislation,  the  agreement  lays  down  in  its  final 
provisions that it shall not affect any law, custom or agreement which provides more 
favourable conditions for seafarers. In addition, the necessary safeguards of the acquis, 
in particular a more favourable treatment clause, were included in the proposal.  

The Commission therefore considers that all the conditions are fulfilled for presenting 
a proposal for this agreement to be implemented by a Council decision. 

3. Provisions regarding small and medium-sized enterprises. 

Under  the  terms  of  Article  137(2)  of  the  Treaty,  legislation  on  social  matters  must 
avoid  imposing  administrative,  financial  and  legal  constraints  in  a  way  which  would 
hold  back  the  creation  and  development  of  small  and  medium-sized  enterprises 

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(SMEs). In this context the agreement does not make any distinction between workers 
of  SMEs  and  others,  and  it  does  not  introduce  additional  administrative,  financial  or 
legal constraints over and above current Community law. Therefore, the Commission 
concludes that the agreement complies with the provisions on small and medium-sized 
enterprises. 

Art. 139(2) does not provide for consultation of the European Parliament on requests 
made  to  the  Commission  by  the  social  partners.  However,  the  Commission  has 
forwarded its proposal so that Parliament can, if it so desires, communicate its opinion 
to  the  Commission  and  the  Council.  The  same  applies  to  the  Economic  and  Social 
Committee and the Committee of the Regions. 

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•  Subsidiarity principle 

The  subsidiarity  principle  applies  insofar  as  the  proposal  does  not  fall  under  the 
exclusive competence of the Community. 

The  objectives  of  the  proposal  cannot  be sufficiently  achieved  by  the  Member  States 
for the following reason(s). 

The need for Community action is justified not only by the fact that the social partners, 
in accordance with Article 139(1), are convinced of the need for Community action in 
this  matter,  have  successfully  concluded  an  agreement  at  Community  level  and  have 
asked for this agreement to be implemented by a Council decision on a proposal from 
the Commission pursuant to Article 139(2) of the Treaty, but also by the need to give 
the maritime sector a set of standards appropriate to its global operating environment. 

The  proposal  for  a  directive  also  supplements  the  Member  States'  legislation  by 
establishing a minimum standard with a view to improving the working conditions of 
seafarers. This framework provides clarity and transparency for the  enterprises in the 
sector, is conducive to fair competition in the internal market, and will help eradicate 
such phenomena as social dumping. 

Community action will better achieve the objectives of the proposal for the following 
reason(s). 

The  proposal  introduces  express  amendments  to  existing  EU  legislation  in  order  to 
update it according to the Maritime Labour Convention, 2006. This objective cannot be 
achieved by means of national legislation. 

It will help bring about the simultaneous entry into force and uniform transposition in 
all Member States of the standards of Maritime Labour Convention, 2006 to which it 
refers .  

Finally,  the  proposal  will  invest  the  agreement  with  specific  enforcement  measures 
under EU law. 

The proposal therefore complies with the subsidiarity principle. 

•  Proportionality principle 

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The  Council  directive  fulfils  the  requirement  for  proportionality  in  as  much  as  it  is 

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confined to setting the aims to be achieved.  

As  a  consequence,  the  proposal  leaves  room  for  flexibility  as  regards  the  choice  of 
concrete  meassures  of  implementation.  Furthermore  it  is  strictly  limited  to  the 
transposition  into  EU  law  of  updated  standards  contained  in  the  Maritime  Labour 
Convention, 2006.  

•  Choice of instruments 

Proposed instruments: directive. 

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

The proposal amends EU legislation currently in force which requires a legislative act. 

Furthermore, the term "decision" in Article 139(2) of the Treaty is used in its general 
meaning  so  that  the  legislative  instrument can  be  selected  in  accordance  with  Article 
249 of the Treaty. It is up to the Commission to propose to the Council which of the 
three  binding  instruments  mentioned  in  the  said  article  (regulation,  directive  or 
decision) would be the most appropriate. In this instance, given the type and content of 
the  social  partners'  agreement,  it  is  clear  that  it  is  best  applied  indirectly  through 
provisions  to  be  transposed  by  the  Member  States  and/or  the  social  partners  into  the 
Member  States'  national  law.  The  most  suitable  instrument  is  therefore  a  Council 
directive. The Commission also considers, in compliance with the undertakings which 
have been given, that the agreement should not be incorporated in but annexed to the 
proposal. 

4) BUDGETARY IMPLICATION 

The proposal has no implication for the Community budget. 

5) ADDITIONAL INFORMATION 

•  Correlation table 

The  Member  States  are  required  to  communicate  to  the  Commission  the  text  of 
national  provisions  transposing  the  Directive  as  well  as  a  correlation  table  between 
those provisions and this Directive. 

•  European Economic Area 

The proposed act concerns an EEA matter and should therefore extend to the European 
Economic Area. 

•  Detailed explanation of the proposal 

The structure of the proposal is as follows: 

Article 1 

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This article is confined to making the agreement between the social partners binding, 
which is the aim of a Council decision adopted under Article 139(2) of the Treaty. 

Article 2 

Amends  Council  Directive  1999/63/EC  according  to  the  Agreeement  of  the  Social 
Partners. 

Article 3 

Article 3 states that the directive provides only for minimum requirements, leaving the 
Member  States  free  to  adopt  measures  which  are  more  favourable  to  workers  in  the 
area  concerned.  Its  aim  is  to  explicitly  guarantee  the  levels  of  protection  of  workers 
already  achieved  and  ensure  that  only  the  more  favourable  standards  of  occupational 
protection  apply.  In  the  same  context,  the  aim  of  Article  3,  paragraph  4,  of  the 
proposal,  is  to  ensure  that  the  general  principle  of  responsibility  of  employer,  as 
provided  for  in  Article  5  of  the  framework  Directive  89/391/EEC,  is  not  affected  by 
Standard A4.2§5 b) of the Agreement, which allows for limitations of the shipowner's 
responsibility in certain circumstances. 

Article 4 to 7 

Articles  4  to  7  contain  the  usual  provisions  on  transposition  into  the  Member  States' 
national  law,  including  the  obligation  to  provide  for  effective,  proportionate  and 
dissuasive  penalties.  In  particular,  Article  6 makes  reference  to  the  date  of  entry  into 
force of the Directive. The agreement of the social partners shall not enter into force 
before the Maritime Labour Convention, 2006 enters into force. In order to fulfil this 
wish  of  the  social  partners  the  date  of  entry  into  force  of  the  Directive  to  which  this 
proposal  refers  should  be  simultaneous  with  the  entry  into  force  of  the  Maritime 
Labour Convention, 2006. As this date is still to be determined a blank space is left in 
the proposal for this purpose with a brief explanation. 

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Proposal for a 

COUNCIL DIRECTIVE 

implementing the Agreement concluded by the European Community Shipowners' 
Associations (ECSA) and the European Transport Workers' Federation (ETF) on the 
Maritime Labour Convention, 2006 and amending Directive 1999/63/EC 

(Text with EEA relevance) 

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty establishing the European Community, and, in particular Article 
139(2) thereof, 

Having regard to the proposal from the Commission, 

Whereas: 

(1)  Management and labour ("the social partners") may, in accordance with Article 139(2) 
of the Treaty, request jointly that agreements at Community level be implemented by a 
Council decision on a proposal from the Commission. 

(2) 

(3) 

(4) 

(5) 

On  23  February  2006,  the  International  Labour  Organisation  adopted  the  Maritime 
Labour Convention, 2006, desiring to create a single, coherent instrument embodying 
as  far  as  possible  all  up-to-date  standards  of  existing  international  maritime  labour 
Conventions and Recommendations, as well as the fundamental principles to be found 
in other international labour Conventions . 

The Commission consulted management and labour, in accordance with Article 138(2) 
of  the  Treaty,  on  the  advisability  of  developing  the  existing  Community  acquis  by 
adapting,  consolidating  or  supplementing  it  in  view  of  the  Maritime  Labour 
Convention, 20067. 

The  European  Community  Shipowners'  Associations  (ECSA)  and  the  European 
Transport Workers' Federation (ETF) informed the Commission of their wish to enter 
into  negotiations  in  accordance  with  Article  138  (4)  of  the  Treaty  on  29  September 
2006. 

On  19  May  2008,  the  said  organisations  wishing  to  help  create  of  a  global  level 
playing  field  throughout  the  maritime  industry,  concluded  an  Agreement  on  the 
Maritime  Labour  Convention,  2006;  this  Agreement  and  its  Annex  contain  a  joint 

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COM(2006) 287 final 

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request  to  the  Commission  to  implement  them  by  a  Council  decision  on  a  proposal 
from the Commission, in accordance with Article 139(2) of the Treaty. 

The agreement applies to seafarers on board ships registered in a Member State and/or 
flying flag of a Member State. 

The agreement amends the European Agreement on the organisation of working time 
of seafarers concluded in Brussels on 30 September 1998 by the European Community 
Shipowners' Associations (ECSA) and the Federation of Transport Workers' Unions in 
the European Union (FST).  

Council  Directive  1999/63/EC  of  21  June  1999  containing  the  European  Agreement 
on  the  organisation  of  working  time  of  seafarers8  in  its  Annex  should  therefore  be 
amended accordingly. 

For  the  purpose  of  Article  249  of  the  Treaty,  the  appropriate  instrument  for 
implementing the Agreement is a directive.  

(6) 

(7) 

(8) 

(9) 

(10)  The  agreement  will  enter  into  force  simultaneously  with  the  Maritime  Labour 
Convention, 2006and the social partners wish the national measures implementing this 
Directive  to  enter  into  force  not  earlier  than  on  the  date  of  entry  into  force  of  the 
Maritime Labour Convention, 2006. 

(11)  For any terms used in the Agreement and which are not specifically defined therein, 
this  Directive  leaves  Member  States  free  to  define  them  in  accordance  with  national 
law and practice, as is the case for other social policy Directives using similar terms, 
providing that those definitions respect the content of the Agreement. 

(12)  Since  the  objectives  of  the  action  to  be  taken  cannot  be  sufficiently  achieved  by  the 
Member  States  and  can  therefore,  by  reason  of  the  scale  or  effects  of  the  action,  be 
better  achieved  at  Community  level,  the  Community  may  adopt  measures,  in 
accordance with the principle of subsidiarity as set out in Article 5 of the Treaty; In 
accordance  with  the  principle  of  proportionality,  as  set  out  in  that  Article,  this 
Directive does not go beyond what is necessary in order to achieve those objectives. 

(13)  The  Commission  has  drafted  its  proposal  for  a  Directive,  in  accordance  with  its 
Communication  of  20  May  1998  on  adapting  and  promoting  the  social  dialogue  at 
Community level, taking into account the representative status of the signatory parties 
and the legality of each clause of the Agreement. 

(14) 

In  accordance  with  paragraph  34  of  the  interinstitutional  agreement  on  better  law 
making,  Member  States  will  be  encouraged  to  draw  up,  for  themselves  and  in  the 
interest  of  the  Community,  their  own  tables,  which  will,  as  far  as  possible,  illustrate 
the  correlation  between  this  Directive  and  the  transposition  measures  and  to  make 
them public. 

(15)  The  Member  States  may  entrust  management  and  labour,  at  their  joint  request,  with 
the  implementation  of  this  Directive,  as  long  as  the  Member  States  take  all  the 

8 

OJ L 167, 2.7.1999 

EN 

12 

   EN 

                                                 
necessary  steps  to  ensure  that  they  can  at  all  times  guarantee  the  results  imposed  by 
this Directive; 

(16)  The  provisions  of  this  Directive  apply  without  prejudice  to  any  existing  Community 
provisions being more specific and/or granting a higher level of protection to seafarers, 
and in particular those included in Community legislation.  

(17)  Compliance  with  the  general  principle  of  employer  responsibility  as  provided  for  in 
Article 5 of the framework Directive 89/391/EEC9, and in particular in its paragraphs 
1 and 3, should be ensured.  

(18)  This Directive cannot be used to justify a reduction in the general level of protection of 

workers in the fields covered by the Agreement annexed to it.  

(19)  This  Directive  and  the  agreement  lay  down  minimum  standards;  the  Member  States 
and/or  the  social  partners  should  be  able  to  maintain  or  introduce  more  favourable 
provisions. 

(20)  The  Commission  informed  the  European  Parliament  and  the  Economic  and  Social 
Committee,  in  accordance  with  its  communication  of  14  December  1993  concerning 
the  application  of  the  Agreement  on  social  policy,  by  sending  them  the  text  of  its 
proposal for a Directive containing the Agreement. 

(21)  This  instrument  complies  with  the  fundamental  rights  and  principles  set  out  in  the 
Charter of  Fundamental  Rights  of  the  European Union and in particular with Article 
31  which  provides  that  all  workers  have  the  right  to  healthy,  safe  and  dignified 
working  conditions,  to  a  limit  on  their  maximum  working  time  and  to  weekly  and 
daily rest periods and an annual period of paid holidays. 

(22)  The  implementation  of  the  Agreement  contributes  to  achieving  the  objectives  under 

Article 136 of the Treaty. 

HAS ADOPTED THIS DIRECTIVE: 

Article 1 

This Directive implements the Agreement on Maritime Labour Convention concluded on 19 
May  2008  between  the  organisations  representing  management  and  labour  in  the  maritime 
transport sector (ECSA and ETF) as set out in the Annex . 

Article 2 

The Annex to Council Directive 1999/63/EC is amended , as follows: 

1. In Clause 1, the following paragraph 3 is added: 

“3. In the event of doubt as to whether any categories of persons are to be regarded 
as seafarers for the purpose of this Agreement, the question shall be determined by 

9 

OJ L 183, 29.6.1989 

EN 

13 

   EN 

                                                 
the  competent  authority  in  each  Member  State  after  consultation  with  the 
shipowners’  and  seafarers’  organszations  concerned  with  this  question.  In  this 
context due account shall be taken of the Resolution of the 94th (Maritime) Session of 
the  General  Conference  of  the  International  Labour  Organisation  concerning 
information on occupational groups.” 

2. In Clause 2, points (c) and (d) are replaced by the following: 

“(c) the term 'seafarer' means any person who is employed or engaged or works in 
any capacity on board a ship to which this Agreement applies;” 

“(d)  the  term  'shipowner'  means  the  owner  of  the  ship  or  another  organization  or 
person,  such  as  the  manager,  agent  or  bareboat  charterer,  who  has  assumed  the 
responsibility  for  the  operation  of  the  ship  from  the  owner  and  who,  on  assuming 
such responsibility, has agreed to take over the duties and responsibilities imposed 
on shipowners in accordance with this Agreement, regardless of whether any other 
organization or persons fulfil certain of the duties or responsibilities on behalf of the 
shipowner.” 

3. Clause 6 is replaced by the following: 

“1. Night work of seafarers under the age of 18 shall be prohibited. For the purposes 
of  this  Clause,  “night”  shall  be  defined  in  accordance  with  national  law  and 
practice. It shall cover a period of at least nine hours starting no later than midnight 
and ending no earlier than 5 a.m. 

2. An exception to strict compliance with the night work restriction may be made by 
the competent authority when: 

(a) 

(b) 

the  effective  training  of  the  seafarers  concerned,  in  accordance  with  established 
programmes and schedules, would be impaired; or 

the specific nature of the duty or a recognized training programme requires that the 
seafarers  covered  by  the  exception  perform  duties  at  night  and  the  authority 
determines,  after  consultation  with  the  shipowners’  and  seafarers’  organizations 
concerned, that the work will not be detrimental to their health or well-being. 

3.  The  employment,  engagement  or  work  of  seafarers  under  the  age  of  18  shall  be 
prohibited where the work is likely to jeopardize their health or safety. The types of 
such work shall be determined by national laws or regulations or by the competent 
authority,  after  consultation  with  the  shipowners’  and  seafarers’  organizations 
concerned, in accordance with relevant international standards.” 

4. Clause 13 is replaced by the following: 

“1.  Seafarers  shall  not  work  on  a  ship  unless  they  are  certified  as  medically  fit  to 
perform their duties. 

2. Exceptions can only be permitted as prescribed in this Agreement. 

EN 

14 

   EN 

3.  The  competent  authority  shall  require  that,  prior  to  beginning  work  on  a  ship, 
seafarers  hold  a  valid  medical  certificate  attesting  that  they  are  medically  fit  to 
perform the duties they are to carry out at sea. 

4.  In  order  to  ensure  that  medical  certificates  genuinely  reflect  seafarers’  state  of 
health, in light of the duties they are to perform, the competent authority shall, after 
consultation  with  the  shipowners’  and  seafarers’  organizations  concerned,  and 
giving due consideration to applicable international guidelines, prescribe the nature 
of the medical examination and certificate. 

5. This Agreement is without prejudice to the International Convention on Standards 
of  Training,  Certification  and  Watchkeeping  for  Seafarers,  1978,  as  amended 
(“STCW”).  A  medical  certificate  issued  in  accordance  with  the  requirements  of 
STCW shall be accepted by the competent authority, for the purpose of paragraphs 1 
and  2  of  this  Clause.  A  medical  certificate  meeting  the  substance  of  those 
requirements,  in  the  case  of  seafarers  not  covered  by  STCW,  shall  similarly  be 
accepted. 

6. The medical certificate shall be issued by a duly qualified medical practitioner or, 
in the case of a certificate solely concerning eyesight, by a person recognized by the 
competent authority as qualified to issue such a certificate. Practitioners must enjoy 
full professional independence in exercising their medical judgement in undertaking 
medical examination procedures. 

7. Seafarers that have been refused a certificate or have had a limitation imposed on 
their ability to work, in particular with respect to time, field of work or trading area, 
shall be given the opportunity to have a further examination by another independent 
medical practitioner or by an independent medical referee. 

8. Each medical certificate shall state in particular that: 

(a) 

(b) 

(a) 

the hearing and sight of the seafarer concerned, and the colour vision in the case of 
a seafarer to be employed in capacities where fitness for the work to be performed is 
liable to be affected by defective colour vision, are all satisfactory; and 

the  seafarer  concerned  is  not  suffering  from  any  medical  condition  likely  to  be 
aggravated  by  service  at  sea  or  to  render  the  seafarer  unfit  for  such  service  or  to 
endanger the health of other persons on board. 

9.  Unless  a  shorter  period  is  required  by  reason  of  the  specific  duties  to  be 
performed by the seafarer concerned or is required under STCW: 

a  medical  certificate  shall  be  valid  for  a  maximum  period  of  two  years  unless  the 
seafarer is under the age of 18, in which case the maximum period of validity shall 
be one year; 

(b) 

a certification of colour vision shall be valid for a maximum period of six years. 

10. In urgent cases the competent authority may permit a seafarer to work without a 
valid medical certificate until the next port of call where the seafarer can obtain a 
medical certificate from a qualified medical practitioner, provided that: 

EN 

15 

   EN 

(a) 

(b) 

the period of such permission does not exceed three months; and 

the  seafarer  concerned  is  in  possession  of  an  expired  medical  certificate  of  recent 
date. 

11.  If  the  period  of  validity  of  a  certificate  expires  in  the  course  of  a  voyage,  the 
certificate shall  continue in force  until the next port of call  where the seafarer can 
obtain a medical certificate from a qualified medical practitioner, provided that the 
period shall not exceed three months. 

12.  The  medical  certificates  for  seafarers  working  on  ships  ordinarily  engaged  on 
international voyages must as a minimum be provided in English. 

13.  The  nature  of  the  health  assessment  to  be  made  and  the  particulars  to  be 
included  in  the  medical  certifcate  shall  be  established  after  consultation  with  the 
shipowners and seafarers organisations concerned. 

14. All seafarers shall have regular health assessments. Watchkeepers suffering from 
health problems certified by a medical practitioner as being due to the fact that they 
perform  night  work  shall  be  transferred,  wherever  possible,  to  day  work  to  which 
they are suited. 

15.  The  health  assessment  referred  to  in  paragraphs  13  and  14  shall  be  free  and 
comply  with  medical  confidentiality.  Such  health  assessments  may  be  conducted 
within the national health system.” 

5. Clause 16 is replaced by the following: 

“Every  seafarer  shall  be  entitled  to  paid  annual  leave.  The  annual  leave  with  pay 
entitlement shall be calculated on the basis of a minimum of 2.5 calendar days per 
month of employment and pro rata for incomplete months. 

The minimum period of paid annual leave may not be replaced by an allowance in 
lieu, except where the employment relationship is terminated.“ 

Article 3 

1. Member States may maintain or introduce more favourable provisions than those laid down 
in this Directive. 

2.  The  implementation  of  this  Directive  shall  under  no  circumstances  constitute  sufficient 
grounds  for  justifying  a  reduction  in  the  general  level  of  protection  of  workers  in  the  fields 
covered  by  this  Directive.  This  shall  be  without  prejudice  to  the  rights  of  Member  States 
and/or management and labour to lay down, in the light of changing circumstances, different 
legislative,  regulatory  or  contractual  arrangements  to  those  prevailing  at  the  time  of  the 
adoption of this Directive, provided always that the minimum requirements laid down in this 
Directive are complied with. 

3.  The  application  and/or  interpretation  of  this  Directive  shall  be  without  prejudice  to  any 
Community  or  national  provision,  custom  or  practice  providing  for  more  favourable 
conditions for the seafarers concerned. 

EN 

16 

   EN 

4. The provision of Standard A4.2 paragraph5 b) shall not affect the principle of responsibility 
of the employer as provided for in Article 5 of Directive 89/391/EEC. 

Article 4 

Member  States  shall  determine  what  penalties  are  applicable  when  national  provisions 
enacted pursuant to this Directive are infringed. The penalties must be effective, proportionate 
and dissuasive. Member States shall notify these provisions to the Commission by the date set 
out in Article 5(1) and any subsequent amendments thereto in good time. 

Article 5 

1.  Member  States  shall  bring  into  force  the  laws,  regulations  and  administrative  provisions 
necessary  to  comply  with  this  Directive  or  shall  ensure  that,  management  and  labour  have 
introduced the necessary measures by agreement, not later than twelve months after the date 
of entry into force of this Directive.  

2. When Member States adopt provisions, they shall contain a reference to this Directive or 
shall  be  accompanied  by  such  reference  on  the  occasion  of  their  official  publication.  The 
methods of making such reference shall be laid down by Member States. They shall forthwith 
communicate to the Commission the text of those provisions and a correlation table between 
those provisions and this Directive. 

3.  Member  States  shall  communicate  to  the  Commission  the  text  of  the  main  provisions  of 
national law which they adopt in the field covered by this Directive. 

This Directive shall enter into force on [*] ["*" stands for the date of entry into force of the 
Maritime Labour Convention, 2006]. 

Article 6 

Article 7 

This Directive is addressed to the Member States. 

Done at Brussels, […] 

For the Council 
The President 
[…] 

EN 

17 

   EN 

 
 
 
ANNEX: Agreement concluded by ECSA and ETF on the Maritime Labour 
Convention, 2006  

The signatory parties 

PREAMBLE 

Whereas  the  ILO  Maritime  Labour  Convention,  2006  (hereinafter  referred  to  as  “the 
Convention”)  requires  each  Member  to  satisfy  itself  that  the  provisions  of  its  laws  and 
regulations  respect,  in  the  context  of  the  Convention,  the  fundamental  rights  to  freedom  of 
association and the effective recognition of the right to collective bargaining, the elimination 
of  all  forms  of  forced  or  compulsory  labour,  the  effective  abolition  of  child  labour  and  the 
elimination of discrimination in respect of employment and occupation; 

Whereas  the  Convention  provides  that  every  seafarer  has  the  rights  to  a  safe  and  secure 
workplace  that  complies  with  safety  standards,  to  fair  terms  of  employment,  to  decent 
working  and  living  conditions  and  to  health  protection,  medical  care,  welfare  measures  and 
other forms of social protection; 

Whereas the Convention requires Members to ensure, within the limits of its jurisdiction, that 
the  seafarers’  employment  and  social  rights  set  out  in  the  preceding  paragraph  of  this 
Preamble  are  fully  implemented  in  accordance  with  the  requirements  of  the  Convention. 
Unless specified otherwise in the Convention, such implementation may be achieved through 
national laws or regulations, through applicable collective bargaining agreements or through 
other measures or in practice; 

Whereas the Signatory Parties wish to draw particular attention to the “Explanatory Note to 
the Regulations and Code of the Maritime Labour Convention”, which sets out the format and 
structure of the Convention; 

Having regard to the Treaty establishing the European Community (hereinafter referred to as 
“the Treaty”) and in particular Articles 137, 138 and 139 thereof; 

Whereas Article 139 (2) of the Treaty provides that agreements concluded at European level 
may be implemented at the joint request of the signatory parties by a Council Decision on a 
proposal from the Commission; 

Whereas the signatory parties hereby make such a request; 

Whereas  the  proper  instrument  for  implementing  the  Agreement  is  a  Directive,  within  the 
meaning  of  Article  249  of  the  Treaty,  which  binds  Member  States  as  to  the  result  to  be 
achieved, whilst leaving to national authorities the choice of form and methods; Article VI of 
the  Convention  permits  Members  of  the  ILO  to  implement  measures  that  are  to  their 
satisfaction substantially equivalent to the Standards of the Convention which is aimed both at 
full achievement of the general objective and purpose of the Convention and at giving effect 
to the said provisions of the Convention; the implementation of the Agreement by a Directive 
and  the  principle  of  “Substantial  Equivalence”  in  the  Convention  are  thus  aimed  at  giving 
Member  States  the  ability  to  implement  the  rights  and  principles  in  a  manner  provided  by 
Article VI paragraphs 3 and 4 of the Convention. 

EN 

18 

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Have agreed the following: 

DEFINITIONS AND SCOPE OF APPLICATION 

1. For the purpose of this Agreement and unless provided otherwise in particular provisions, 
the term: 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

competent  authority  means  the  minister,  government  department  or  other  authority 
designated by a Member State having power to issue and enforce regulations, orders 
or  other  instructions  having  the  force  of  law  in  respect  of  the  subject  matter  of  the 
provision concerned; 

gross  tonnage  means  the  gross  tonnage  calculated  in  accordance  with  the  tonnage 
measurement  regulations  contained  in  Annex  I  to  the  International  Convention  on 
Tonnage  Measurement  of  Ships,  1969,  or  any  successor  Convention;  for  ships 
covered  by  the  tonnage  measurement  interim  scheme  adopted  by  the  International 
Maritime Organization, the gross tonnage is that which is included in the REMARKS 
column of the International Tonnage Certificate (1969); 

seafarer means any person who is employed or engaged or works in any capacity on 
board a ship to which this Agreement applies; 

seafarers’  employment  agreement  includes  both  a  contract  of  employment  and 
articles of agreement; 

ship  means  a  ship  other  than  one  which  navigates  exclusively  in  inland  waters  or 
waters within, or closely adjacent to, sheltered waters or areas where port regulations 
apply; 

shipowner means the owner of the ship or another organization or person, such as the 
manager,  agent  or  bareboat  charterer,  who  has  assumed  the  responsibility  for  the 
operation of the ship from the owner and who, on assuming such responsibility, has 
agreed  to  take  over  the  duties  and  responsibilities  imposed  on  shipowners  in 
accordance  with  this  Agreement,  regardless  of  whether  any  other  organization  or 
persons fulfil certain of the duties or responsibilities on behalf of the shipowner. 

2. Except as expressly provided otherwise, this Agreement applies to all seafarers. 

3. In the event of doubt as to whether any categories of persons are to be regarded as seafarers 
for  the  purpose  of  this  Agreement,  the  question  shall  be  determined  by  the  competent 
authority  in  each  Member  State  after  consultation  with  the  shipowners’  and  seafarers’ 
organizations concerned with this question. In this context due account shall be taken of the 
Resolution  of  the  94th  (Maritime)  Session  of  the  General  Conference  of  the  International 
Labour Organization concerning information on occupational groups. 

4.  Except  as  expressly  provided  otherwise,  this  Agreement  applies  to  all  ships  whether 
publicly  or  privately  owned,  ordinarily  engaged  in  commercial  activities,  other  than  ships 
engaged  in  fishing  or  in  similar  pursuits  and  ships  of  traditional  build  such  as  dhows  and 
junks. This Agreement does not apply to warships or naval auxiliaries. 

EN 

19 

   EN 

5. In the event of doubt as to whether this Agreement applies to a ship or particular category 
of ships, the question shall be determined by the competent authority in each Member State 
after consultation with the shipowners’ and seafarers’ organizations concerned. 

THE REGULATIONS AND THE STANDARDS 

TITLE 1. MINIMUM REQUIREMENTS FOR SEAFARERS TO WORK ON A SHIP 

Regulation 1.1 – Minimum age 

1. No person below the minimum age shall be employed or engaged or work on a ship. 

2. A higher minimum age shall be required in the circumstances set out in this Agreement. 

Standard A1.1 – Minimum age 

The  minimum  age  is  regulated  by  Council  Directive  1999/63/EC  of  21  June  1999  (to  be 
amended)  concerning  the  European  Agreement  on  the  organization  of  working  time  for 
seafarers (to be amended in accordance with Annex A to this Agreement) 

Regulation 1.2 – Medical certificate 

Medical  certificates  are  regulated  by  Council  Directive  1999/63/EC  of  21  June  1999(to  be 
amended)  concerning  the  European  Agreement  on  the  organization  of  working  time  for 
seafarers (to be amended in accordance with Annex A to this Agreement)  

Regulation 1.3 – Training and qualifications 

1.  Seafarers  shall  not  work  on  a  ship  unless  they  are  trained  or  certified  as  competent  or 
otherwise qualified to perform their duties. 

2. Seafarers shall not be permitted to work on a ship unless they have successfully completed 
training for personal safety on board ship. 

3.  Training  and  certification  in  accordance  with  the  mandatory  instruments  adopted  by  the 
International  Maritime  Organization  shall  be  considered  as  meeting  the  requirements  of 
paragraphs 1 and 2 of this Regulation. 

TITLE 2. CONDITIONS OF EMPLOYMENT 

Regulation 2.1 – Seafarers’ employment agreements 

1. The terms and conditions for employment of a seafarer shall be set out or referred to in a 
clear written legally enforceable agreement and shall be consistent with the standards set out 
in this Agreement. 

2.  Seafarers’  employment  agreements  shall  be  agreed  to  by  the  seafarer  under  conditions 
which ensure that the seafarer has an opportunity to review and seek advice on the terms and 
conditions in the agreement and freely accepts them before signing. 

3.  To  the  extent  compatible  with  the  Member  State’s  national  law  and  practice,  seafarers’ 
employment  agreements  shall  be  understood  to  incorporate  any  applicable  collective 
bargaining agreements.  

EN 

20 

   EN 

Standard A2.1 – Seafarers’ employment agreements 

1.  Each  Member  State  shall  adopt  laws  or  regulations  requiring  that  ships  that  fly  its  flag 
comply with the following requirements: 

(a) 

(b) 

(c) 

(d) 

seafarers  working  on  ships  that  fly  its  flag  shall  have  a  seafarers’  employment 
agreement  signed by  both  the  seafarer  and the shipowner or a representative of the 
shipowner  (or,  where  they  are  not  employees,  evidence  of  contractual  or  similar 
arrangements)  providing  them  with  decent  working  and  living  conditions  on  board 
the ship as required by this Agreement; 

seafarers signing a seafarers’ employment agreement shall be given an opportunity to 
examine  and  seek  advice  on  the  agreement  before  signing,  as  well  as  such  other 
facilities as are necessary to ensure that they have freely entered into an agreement 
with a sufficient understanding of their rights and responsibilities; 

the  shipowner  and  seafarer  concerned  shall  each  have  a  signed  original  of  the 
seafarers’ employment agreement; 

measures shall be taken to ensure that clear information as to the conditions of their 
employment  can  be  easily  obtained  on  board  by  seafarers,  including  the  ship’s 
master,  and  that  such  information,  including  a  copy  of  the  seafarers’  employment 
agreement,  is  also  accessible  for  review  by  officers  of  a  competent  authority, 
including those in ports to be visited; and 

(e) 

seafarers  shall  be  given  a  document  containing  a  record  of  their  employment  on 
board the ship. 

2.  Where  a  collective  bargaining  agreement  forms  all  or  part  of  a  seafarers’  employment 
agreement, a copy of that agreement shall be available on board. Where the language of the 
seafarers’  employment  agreement  and  any  applicable collective  bargaining  agreement  is not 
in English, the following shall also be available in English (except for ships engaged only in 
domestic voyages): 

(a) 

(b) 

a copy of a standard form of the agreement; and 

the  portions  of  the  collective  bargaining  agreement  that  are  subject  to  a  port  State 
inspection. 

3. The document referred to in paragraph 1(e) of this Standard shall not contain any statement 
as to the quality of the seafarers’ work or as to their wages. The form of the document, the 
particulars to be recorded and the manner in which such particulars are to be entered, shall be 
determined by national law. 

4. Each Member State shall adopt laws and regulations specifying the matters that are to be 
included  in  all  seafarers’  employment  agreements  governed  by  its  national  law.  Seafarers’ 
employment agreements shall in all cases contain the following particulars: 

(a) 

(b) 

EN 

the seafarer’s full name, date of birth or age, and birthplace; 

the shipowner’s name and address; 

21 

   EN 

(c) 

(d) 

(e) 

(f) 

the place where and date when the seafarers’ employment agreement is entered into; 

the capacity in which the seafarer is to be employed; 

the  amount  of  the  seafarer’s  wages  or,  where  applicable,  the  formula  used  for 
calculating them; 

the  amount  of  paid  annual  leave  or,  where  applicable,  the  formula  used  for 
calculating it; 

(g) 

the termination of the agreement and the conditions thereof, including: 

(i) 

if the agreement has been made for an indefinite period, the conditions entitling 
either  party  to  terminate  it,  as  well  as  the  required  notice  period,  which  shall 
not be less for the shipowner than for the seafarer; 

(ii) 

if  the  agreement  has  been  made  for  a  definite  period,  the  date  fixed  for  its 
expiry; and 

(iii) 

if  the  agreement  has  been  made  for  a  voyage,  the  port  of  destination  and  the 
time which has to expire after arrival before the seafarer should be discharged; 

the health and social security protection benefits to be provided to the seafarer by the 
shipowner; 

the seafarer’s entitlement to repatriation; 

reference to the collective bargaining agreement, if applicable; and 

(h) 

(i) 

(j) 

(k) 

any other particulars which national law may require. 

5. Each Member State shall adopt laws or regulations establishing minimum notice periods to 
be given by the seafarers and shipowners for the early termination of a seafarers’ employment 
agreement.  The  duration  of  these  minimum  periods  shall  be  determined  after  consultation 
with  the  shipowners’  and  seafarers’  organizations  concerned,  but  shall  not  be  shorter  than 
seven days. 

6.  A  notice  period  shorter  than  the  minimum  may  be  given  in  circumstances  which  are 
recognized  under  national  law  or  regulations  or  applicable  collective  bargaining  agreements 
as justifying termination of the employment agreement at shorter notice or without notice. In 
determining those circumstances, each Member State shall ensure that the need of the seafarer 
to terminate, without penalty, the employment agreement on shorter notice or without notice 
for compassionate or other urgent reasons is taken into account. 

Regulation 2.3 – Hours of work and hours of rest 

Seafarers’ hours of work and rest are regulated by Council Directive 1999/63/EC of 21 June 
1999  (to  be  amended)  concerning  the  European  Agreement  on  the  organisation  of  working 
time for seafarers (to be amended in accordance with Annex A to this Agreement). 

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Regulation 2.4 – Entitlement to leave 

1. Each Member State shall require that seafarers employed on ships that fly its flag are given 
paid  annual  leave  under  appropriate  conditions  in  accordance  with  this  Agreement  and 
Council  Directive  1999/63/EC  of  21  June  1999  (to  be  amended)  concerning  the  European 
Agreement  on  the  organisation  of  working  time  for  seafarers  (to  be  amended  in  accordance 
with Annex A to this Agreement). 

2. Seafarers shall be granted shore leave to benefit their health and well-being and with the 
operational requirements of their positions. 

1. Seafarers have a right to be repatriated at no cost to themselves. 

Regulation 2.5 – Repatriation 

2.  Each  Member  State  shall  require  ships  that  fly  its  flag  to  provide  financial  security  to 
ensure that seafarers are duly repatriated. 

Standard A2.5 – Repatriation 

1.  Each  Member  State  shall  ensure  that  seafarers  on  ships  that  fly  its  flag  are  entitled  to 
repatriation in the following circumstances: 

(a) 

(b) 

(c) 

if the seafarers’ employment agreement expires while they are abroad; 

when the seafarers’ employment agreement is terminated: 

(i) 

by the shipowner; or 

(ii)  by the seafarer for justified reasons; and also 

when  the  seafarers  are  no  longer  able  to  carry  out  their  duties  under  their 
employment  agreement  or  cannot  be  expected  to  carry  them  out  in  the  specific 
circumstances. 

2.  Each  Member  State  shall  ensure  that  there  are  appropriate  provisions  in  its  laws  and 
regulations or other measures or in collective bargaining agreements, prescribing: 

(a) 

(b) 

(c) 

the  circumstances  in  which  seafarers  are  entitled  to  repatriation  in  accordance  with 
paragraph 1(b) and (c) of this Standard; 

the  maximum  duration  of  service  periods  on  board  following  which  a  seafarer  is 
entitled to repatriation - such periods to be less than 12 months; and 

the  precise  entitlements  to  be  accorded  by  shipowners  for  repatriation,  including 
those relating to the destinations of repatriation, the mode of transport, the items of 
expense to be covered and other arrangements to be made by shipowners. 

3.  Each  Member  State  shall  prohibit  shipowners  from  requiring  that  seafarers  make  an 
advance payment towards the cost of repatriation at the beginning of their employment, and 
also from recovering the cost of repatriation from the seafarers’ wages or other entitlements 
except where the seafarer has been found, in accordance with national laws or regulations or 

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other measures or applicable collective bargaining agreements, to be in serious default of the 
seafarer’s employment obligations. 

4. National laws and regulations shall not prejudice any right of the shipowner to recover the 
cost of repatriation under third-party contractual arrangements. 

5. If a shipowner fails to make arrangements for or to meet the cost of repatriation of seafarers 
who are entitled to be repatriated: 

(a) 

(b) 

(c) 

the competent authority of the Member State whose flag the ship flies shall arrange 
for repatriation of the seafarers concerned; if it fails to do so, the State from which 
the  seafarers  are  to  be  repatriated  or  the  State  of  which  they  are  a  national  may 
arrange for their repatriation and recover the cost from the Member State whose flag 
the ship flies; 

costs  incurred  in  repatriating  seafarers  shall  be  recoverable  from  the  shipowner  by 
the Member State whose flag the ship flies; 

the expenses of repatriation shall in no case be a charge upon the seafarers, except as 
provided for in paragraph 3 of this Standard. 

6.  Taking  into  account  applicable  international  instruments,  including  the  International 
Convention on Arrest of Ships, 1999, a Member State which has paid the cost of repatriation 
may  detain,  or  request  the  detention  of,  the  ships  of  the  shipowner  concerned  until  the 
reimbursement has been made in accordance with paragraph 5 of this Standard. 

7. Each Member State shall facilitate the repatriation of seafarers serving on ships which call 
at  its  ports  or  pass  through  its  territorial  or  internal  waters,  as  well  as  their  replacement  on 
board. 

8.  In  particular,  a  Member  State  shall  not  refuse  the  right  of  repatriation  to  any  seafarer 
because of the financial circumstances of a shipowner or because of the shipowner’s inability 
or unwillingness to replace a seafarer. 

9.  Each  Member  State  shall  require  that  ships  that  fly  its  flag  carry  and  make  available  to 
seafarers  a  copy  of  the  applicable  national  provisions  regarding  repatriation  written  in  an 
appropriate language. 

Regulation 2.6 – Seafarer compensation for the ship’s loss or foundering 

Seafarers are entitled to adequate compensation in the case of injury, loss or unemployment 
arising from the ship’s loss or foundering. 

Standard A2.6 – Seafarer compensation for the ship’s loss or foundering 

1. Each Member State shall make rules ensuring that, in every case of loss or foundering of 
any  ship,  the  shipowner  shall  pay  to  each  seafarer  on  board  an  indemnity  against 
unemployment resulting from such loss or foundering. 

2. The rules referred to in paragraph 1 of this Standard shall be without prejudice to any other 
rights a seafarer may have under the national law of the Member State concerned for losses or 
injuries arising from a ship’s loss or foundering. 

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Regulation 2.7 – Manning levels 

Provisions as to the sufficient, safe and efficient manning of ships are contained in Council 
Directive 1999/63/EC of 21 June 1999 (to be amended) concerning the European Agreement 
on the organisation of working time for seafarers (to be amended in accordance with Annex A 
to this Agreement). 

Regulation 2.8 – Career and skill development and opportunities for seafarers’ employment 

Each  Member  State  shall  have  national  policies  to  promote  employment  in  the  maritime 
sector and to encourage career and skill development and greater employment opportunities 
for seafarers domiciled in its territory. 

Standard A2.8 – Career and skill development and employment opportunities for seafarers 

1.  Each  Member  State  shall  have  national  policies  that  encourage  career  and  skill 
development  and  employment  opportunities  for  seafarers,  in  order  to  provide  the  maritime 
sector with a stable and competent workforce. 

2. The aim of the policies referred to in paragraph 1 of this Standard shall be to help seafarers 
strengthen their competencies, qualifications and employment opportunities. 

3.  Each  Member  State  shall,  after  consulting  the  shipowners’  and  seafarers’  organizations 
concerned,  establish  clear  objectives  for  the  vocational  guidance,  education  and  training  of 
seafarers whose duties on board ship primarily relate to the safe operation and navigation of 
the ship, including ongoing training. 

TITLE  3.  ACCOMMODATION,  RECREATIONAL  FACILITIES,  FOOD  AND 
CATERING 

Standard A3.1 – Accommodation and recreational facilities 

1. Ships regularly trading to mosquito-infested ports shall be fitted with appropriate devices as 
required by the competent authority.  

2. Appropriate seafarers’ recreational facilities, amenities and services, as adapted to meet the 
special needs of seafarers who must live and work on ships, shall be provided on board for the 
benefit  of  all  seafarers,  taking  into  account  provisions  on  health  and  safety  protection  and 
accident prevention. 

3. The competent authority shall require frequent inspections to be carried out on board ships, 
by  or  under  the  authority  of  the  master,  to  ensure  that  seafarer  accommodation  is  clean, 
decently  habitable  and  maintained  in  a  good  state  of  repair.  The  results  of  each  such 
inspection shall be recorded and be available for review.  

4.  In  the  case  of  ships  where  there  is  need  to  take  account,  without  discrimination,  of  the 
interests  of  seafarers  having  differing  and  distinctive  religious  and  social  practices,  the 
competent authority may, after consultation with the shipowners’ and seafarers’ organizations 
concerned, permit fairly applied variations in respect of this Standard on condition that such 
variations do not result in overall facilities less favourable than those which would result from 
the application of this Standard.  

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Regulation 3.2 – Food and catering  

1. Each Member State shall ensure that ships that fly its flag carry on board and serve food 
and  drinking  water  of  appropriate  quality,  nutritional  value  and  quantity  that  adequately 
covers the requirements of the ship and takes into account the differing cultural and religious 
backgrounds.  

2. Seafarers on board a ship shall be provided with food free of charge during the period of 
engagement.  

3. Seafarers employed as ships’ cooks with responsibility for food preparation must be trained 
and qualified for their position on board ship.  

Standard A3.2 – Food and catering 

1. Each Member State shall adopt laws and regulations or other measures to provide minimum 
standards  for  the  quantity  and  quality  of  food  and  drinking  water  and  for  the  catering 
standards  that  apply  to  meals  provided  to  seafarers  on  ships  that  fly  its  flag,  and  shall 
undertake  educational  activities  to  promote  awareness  and  implementation  of  the  standards 
referred to in this paragraph.  

2.  Each  Member  State  shall  ensure  that  ships  that  fly  its  flag  meet  the  following  minimum 
standards:  

(a) 

(b) 

food and drinking water supplies, having regard to the number of seafarers on board, 
their  religious  requirements  and  cultural  practices  as  they  pertain  to  food,  and  the 
duration and nature of the voyage, shall be suitable in respect of quantity, nutritional 
value, quality and variety;  

the organization and equipment of the catering department shall be such as to permit 
the provision to the seafarers of adequate, varied and nutritious meals prepared and 
served in hygienic conditions; and  

(c) 

catering staff shall be properly trained or instructed for their positions.  

3.  Shipowners  shall  ensure  that  seafarers  who  are  engaged  as  ships’  cooks  are  trained, 
qualified and found competent for the position in accordance with requirements set out in the 
laws and regulations of the Member State concerned.  

4.  The  requirements  under  paragraph  3  of  this  Standard  shall  include  a  completion  of  a 
training  course  approved  or  recognized  by  the  competent  authority,  which  covers  practical 
cookery, food and personal hygiene, food storage, stock control, and environmental protection 
and catering health and safety.  

5. On ships operating with a prescribed manning of less than ten which, by virtue of the size 
of the crew or the trading pattern, may not be required by the competent authority to carry a 
fully  qualified  cook,  anyone  processing  food  in  the  galley  shall  be  trained  or  instructed  in 
areas including food and personal hygiene as well as handling and storage of food on board 
ship.  

6. In circumstances of exceptional necessity, the competent authority may issue a dispensation 
permitting  a  non-fully  qualified  cook  to  serve  in  a  specified  ship  for  a  specified  limited 

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period,  until  the  next  convenient  port  of  call  or  for  a  period  not  exceeding  one  month, 
provided that the person to whom the dispensation is issued is trained or instructed in areas 
including food and personal hygiene as well as handling and storage of food on board ship.  

7. The competent authority shall require that frequent documented inspections be carried out 
on board ships, by or under the authority of the master, with respect to:  

(a) 

(b) 

supplies of food and drinking water;  

all  spaces  and  equipment  used  for  the  storage  and  handling  of  food  and  drinking 
water; and  

(c) 

galley and other equipment for the preparation and service of meals.  

8. No seafarer under the age of 18 shall be employed or engaged or work as a ship’s cook.  

TITLE 4. HEALTH PROTECTION, MEDICAL CARE AND WELFARE 

Regulation 4.1 – Medical care on board ship and ashore 

1. Each Member State shall ensure that all seafarers on ships that fly its flag are covered by 
adequate measures for the protection of their health and that they have access to prompt and 
adequate medical care whilst working on board. 

2.  Each  Member  State  shall  ensure  that  seafarers  on  board  ships  in  its  territory  who  are  in 
need of immediate medical care are given access to the Member State’s medical facilities on 
shore. 

3.  The  requirements  for  on-board  health  protection  and  medical  care  include  standards  for 
measures aimed at providing seafarers with health protection and medical care as comparable 
as possible to that which is generally available to workers ashore. 

Standard A4.1 – Medical care on board ship and ashore 

1. Each Member State shall ensure that measures providing for health protection and medical 
care, including essential dental care, for seafarers working on board a ship that flies its flag 
are adopted which: 

(a) 

(b) 

(c) 

(d) 

ensure the application to seafarers of any general provisions on occupational health 
protection and medical care relevant to their duties, as well as of special provisions 
specific to work on board ship; 

ensure that seafarers are given health protection and medical care as comparable as 
possible  to  that  which  is  generally  available  to  workers  ashore,  including  prompt 
access to the necessary medicines, medical equipment and facilities for diagnosis and 
treatment and to medical information and expertise; 

give seafarers the right to visit a qualified medical doctor or dentist without delay in 
ports of call, where practicable; 

are  not  limited  to  treatment  of  sick  or  injured  seafarers  but  include  measures  of  a 
preventive character such as health promotion and health education programmes. 

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2. The competent authority shall adopt a standard medical report form for use by the ships’ 
masters  and  relevant  onshore  and  on-board  medical  personnel.  The  form,  when  completed, 
and its contents shall be kept confidential and shall only be used to facilitate the treatment of 
seafarers. 

3. Each Member State shall adopt laws and regulations establishing requirements for on-board 
hospital and medical care facilities and equipment and training on ships that fly its flag. 

4. National laws and regulations shall as a minimum provide for the following requirements: 

(a) 

(b) 

(c) 

(d) 

all  ships  shall  carry  a  medicine  chest,  medical  equipment  and  a  medical  guide,  the 
specifics  of  which  shall  be  prescribed  and  subject  to  regular  inspection  by  the 
competent  authority;  the  national  requirements  shall  take  into  account  the  type  of 
ship,  the  number  of  persons  on  board  and  the  nature,  destination  and  duration  of 
voyages and relevant national and international recommended medical standards; 

ships carrying 100 or more persons and ordinarily engaged on international voyages 
of  more  than  72  hours  duration  shall  carry  a  qualified  medical  doctor  who  is 
responsible for providing medical care; national laws or regulations shall also specify 
which  other  ships  shall  be  required  to  carry  a  medical  doctor,  taking  into  account, 
inter alia, such factors as the duration, nature and conditions of the voyage and the 
number of seafarers on board; 

ships which do not carry a medical doctor shall be required to have either at least one 
seafarer  on  board  who  is  in  charge  of  medical  care  and  administering  medicine  as 
part  of  their  regular  duties  or  at  least  one  seafarer  on  board  competent  to  provide 
medical  first  aid;  persons  in  charge  of  medical  care  on  board  who  are  not  medical 
doctors  shall  have  satisfactorily  completed  training  in  medical  care  that  meets  the 
requirements of the International Convention on Standards of Training, Certification 
and Watchkeeping for Seafarers, 1978, as amended (“STCW”); seafarers designated 
to  provide  medical  first  aid  shall  have  satisfactorily  completed  training  in  medical 
first  aid  that  meets  the  requirements  of  STCW;  national  laws  or  regulations  shall 
specify  the  level  of  approved  training  required  taking  into  account,  inter  alia,  such 
factors  as  the  duration,  nature  and  conditions  of  the  voyage  and  the  number  of 
seafarers on board; and 

the competent authority shall ensure by a prearranged system that medical advice by 
radio  or  satellite  communication  to  ships  at  sea,  including  specialist  advice,  is 
available  24  hours  a  day;  medical  advice,  including  the  onward  transmission  of 
medical  messages  by  radio  or  satellite  communication  between  a  ship  and  those 
ashore giving the advice, shall be available free of charge to all ships irrespective of 
the flag that they fly. 

Regulation 4.2 – Shipowners’ liability  

1.  Each  Member  State  shall  ensure  that  measures  are  in  place  on  ships  that  fly  its  flag  to 
provide seafarers employed on the ships with a right to material assistance and support from 
the  shipowner  with  respect  to  the  financial  consequences  of  sickness,  injury  or  death 
occurring  while  they  are  serving  under  a  seafarers’  employment  agreement  or  arising  from 
their employment under such agreement. 

2. This Regulation does not affect any other legal remedies that a seafarer may seek. 

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Standard A4.2 – Shipowners’ liability 

1. Each Member State shall adopt laws and regulations requiring that shipowners of ships that 
fly its flag are responsible for health protection and medical care of all seafarers working on 
board the ships in accordance with the following minimum standards: 

(a) 

(b) 

(c) 

shipowners  shall  be  liable  to  bear  the  costs  for  seafarers  working  on  their  ships  in 
respect  of  sickness  and  injury  of  the  seafarers  occurring  between  the  date  of 
commencing  duty  and  the  date  upon  which  they  are  deemed  duly  repatriated,  or 
arising from their employment between those dates; 

shipowners shall provide financial security to assure compensation in the event of the 
death  or  long-term  disability  of  seafarers  due  to  an  occupational  injury,  illness  or 
hazard, as set out in national law, the seafarers’ employment agreement or collective 
agreement; 

shipowners shall be liable to defray the expense of medical care, including medical 
treatment and the supply of the necessary medicines and therapeutic appliances, and 
board and lodging away from home until the sick or injured seafarer has recovered, 
or until the sickness or incapacity has been declared of a permanent character; and 

(d) 

shipowners  shall  be  liable  to  pay  the  cost  of  burial  expenses  in  the  case  of  death 
occurring on board or ashore during the period of engagement. 

2. National laws or regulations may limit the liability of the shipowner to defray the expense 
of medical care and board and lodging to a period which shall not be less than 16 weeks from 
the day of the injury or the commencement of the sickness. 

3. Where the sickness or injury results in incapacity for work the shipowner shall be liable: 

(a) 

(b) 

to pay full wages as long as the sick or injured seafarers remain on board or until the 
seafarers have been repatriated in accordance with this Agreement; and 

to pay wages in whole or in part as prescribed by national laws or regulations or as 
provided  for  in  collective  agreements  from  the  time  when  the  seafarers  are 
repatriated or landed until their recovery or, if earlier, until they are entitled to cash 
benefits under the legislation of the Member State concerned. 

4. National laws or regulations may limit the liability of the shipowner to pay wages in whole 
or in part in respect of a seafarer no longer on board to a period which shall not be less than 
16 weeks from the day of the injury or the commencement of the sickness. 

5. National laws or regulations may exclude the shipowner from liability in respect of: 

(a) 

(b) 

injury incurred otherwise than in the service of the ship; 

injury  or  sickness  due  to  the  wilful  misconduct  of  the  sick,  injured  or  deceased 
seafarer; and 

(c) 

sickness or infirmity intentionally concealed when the engagement is entered into. 

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6. National laws or regulations may exempt the shipowner from liability to defray the expense 
of  medical  care  and  board  and  lodging  and  burial  expenses  in  so  far  as  such  liability  is 
assumed by the public authorities. 

7.  Shipowners  or  their  representatives  shall  take  measures  for  safeguarding  property  left  on 
board by sick, injured or deceased seafarers and for returning it to them or to their next of kin. 

Regulation 4.3 – Health and safety protection and accident prevention 

1. Each Member State shall ensure that seafarers on ships that fly its flag are provided with 
occupational health protection and live, work and train on board ship in a safe and hygienic 
environment. 

2. Each Member State shall develop and promulgate national guidelines for the management 
of  occupational  safety  and  health  on  board  ships  that  fly  its  flag,  after  consultation  with 
representative  shipowners’  and  seafarers’  organizations  and  taking  into  account  applicable 
codes,  guidelines  and  standards  recommended  by  international  organizations,  national 
administrations and maritime industry organizations. 

3.  Each  Member  State  shall  adopt  laws  and  regulations  and  other  measures  addressing  the 
matters specified in this Agreement taking into account relevant international instruments, and 
set standards  for occupational safety and health protection and accident prevention on ships 
that fly its flag. 

Standard A4.3 – Health and safety protection and accident prevention 

1. The laws and regulations and other measures to be adopted in accordance with Regulation 
4.3, paragraph 3, shall include the following subjects: 

(a) 

(b) 

the adoption and effective implementation and promotion of occupational safety and 
health policies and programmes on ships that fly the Member State’s flag, including 
risk evaluation as well as training and instruction of seafarers; 

on-board  programmes  for  the  prevention  of  occupational  accidents,  injuries  and 
diseases  and  for  continuous  improvement  in  occupational  safety  and  health 
protection,  involving  seafarers’  representatives  and  all  other  persons  concerned  in 
their implementation, taking account of preventive measures, including engineering 
and  design  control,  substitution  of  processes  and  procedures  for  collective  and 
individual tasks, and the use of personal protective equipment; and 

(c) 

requirements  for  inspecting,  reporting  and  correcting  unsafe  conditions  and  for 
investigating and reporting on-board occupational accidents. 

2. The provisions referred to in paragraph 1 of this Standard shall: 

(a) 

take  account  of  relevant  international  instruments  dealing  with  occupational  safety 
and  health  protection  in  general  and  with  specific  risks,  and  address  all  matters 
relevant  to  the  prevention  of  occupational accidents,  injuries  and  diseases  that  may 
be  applicable  to  the  work  of  seafarers  and  particularly  those  which  are  specific  to 
maritime employment; 

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(b) 

(c) 

specify the duties of the master or a person designated by the master, or both, to take 
specific  responsibility  for  the  implementation  of  and  compliance  with  the  ship’s 
occupational safety and health policy and programme; and 

specify  the  authority  of  the  ship’s  seafarers  appointed  or  elected  as  safety 
representatives  to  participate  in  meetings  of  the  ship’s  safety  committee;  such  a 
committee  shall  be  established  on  board  a  ship  on  which  there  are  five  or  more 
seafarers. 

3.  The  laws  and  regulations  and  other  measures  referred  to  in  Regulation  4.3,  paragraph  3, 
shall  be  regularly  reviewed  in  consultation  with  the  representatives  of  the  shipowners’  and 
seafarers’  organizations  and,  if  necessary,  revised  to  take  account  of  changes  in  technology 
and research in order to facilitate continuous improvement in occupational safety and health 
policies  and  programmes  and  to  provide  a  safe  occupational  environment  for  seafarers  on 
ships that fly the Member State’s flag. 

4. Compliance with the requirements of applicable international instruments on the acceptable 
levels  of  exposure  to  workplace  hazards  on  board  ships  and  on  the  development  and 
implementation  of  ships’  occupational  safety  and  health  policies  and  programmes  shall  be 
considered as meeting the requirements of this Agreement. 

5. The competent authority shall ensure that: 

(a) 

(b) 

occupational accidents, injuries and diseases are adequately reported; 

comprehensive  statistics  of  such  accidents  and  diseases  are  kept,  analysed  and 
published  and,  where  appropriate,  followed  up  by  research  into  general  trends  and 
into the hazards identified; and 

(c) 

occupational accidents are investigated. 

6. Reporting and investigation of occupational safety and health matters shall be designed to 
ensure the protection of seafarers’ personal data. 

7. The competent authority shall cooperate with shipowners’ and seafarers’ organizations to 
take  measures  to  bring  to  the  attention  of  all  seafarers  information  concerning  particular 
hazards  on  board  ships,  for  instance,  by  posting  official  notices  containing  relevant 
instructions. 

8. The competent authority shall require that shipowners conducting risk evaluation in relation 
to  management  of  occupational  safety  and  health  refer  to  appropriate  statistical  information 
from their ships and from general statistics provided by the competent authority. 

Regulation 4.4 – Access to shore-based welfare facilities 

Each  Member  State  shall  ensure  that  shore-based  welfare  facilities,  where  they  exist,  are 
easily accessible. The Member State shall also promote the development of welfare facilities 
in designated ports to provide seafarers on ships that are in its ports with access to adequate 
welfare facilities and services. 

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Standard A4.4 – Access to shore-based welfare facilities 

1. Each Member State shall require, where welfare facilities exist on its territory, that they are 
available  for  the  use  of  all  seafarers,  irrespective  of  nationality,  race,  colour,  sex,  religion, 
political opinion or social origin and irrespective of the flag State of the ship on which they 
are employed or engaged or work. 

2. Each Member State shall promote the development of welfare facilities in appropriate ports 
of  the  country  and  determine,  after  consultation  with  the  shipowners’  and  seafarers’ 
organizations concerned, which ports are to be regarded as appropriate. 

3.  Each  Member  State  shall  encourage  the  establishment  of  welfare  boards  which  shall 
regularly review welfare facilities and services to ensure that they are appropriate in the light 
of  changes  in  the  needs  of  seafarers  resulting  from  technical,  operational  and  other 
developments in the shipping industry. 

TITLE 5. COMPLIANCE AND ENFORCEMENT 

Regulation 5.1.5 – On-board complaint procedures 

1. Each Member State shall require that ships that fly its flag have on-board procedures for the 
fair,  effective  and  expeditious  handling  of  seafarer  complaints  alleging  breaches  of  the 
requirements of the Convention (including seafarers’ rights). 

2. Each Member State shall prohibit and penalize any kind of victimization of a seafarer for 
filing a complaint. 

3. The provisions in this Regulation are without prejudice to a seafarer’s right to seek redress 
through whatever legal means the seafarer considers appropriate. 

Standard A5.1.5 – On-board complaint procedures 

1. Without prejudice to any wider scope that may be given in national laws or regulations or 
collective agreements, the on-board procedures may be used by seafarers to lodge complaints 
relating  to  any  matter  that  is  alleged  to  constitute  a  breach  of  the  requirements  of  the 
Convention (including seafarers’ rights). 

2.  Each  Member  State  shall  ensure  that,  in  its  laws  or  regulations,  appropriate  on  board 
complaint  procedures  are  in  place  to  meet  the  requirements  of  Regulation  5.1.5.  Such 
procedures shall seek to resolve complaints at the lowest level possible. However, in all cases, 
seafarers  shall  have  a  right  to  complain  directly  to  the  master  and,  where  they  consider  it 
necessary, to appropriate external authorities. 

3.  The  on-board  complaint  procedures  shall  include  the  right  of  the  seafarer  to  be 
accompanied  or  represented  during  the  complaints  procedure,  as  well  as  safeguards  against 
the  possibility  of  victimization  of  seafarers  for  filing  complaints.  The  term  “victimization” 
covers  any  adverse  action  taken  by  any  person  with  respect  to  a  seafarer  for  lodging  a 
complaint which is not manifestly vexatious or maliciously made. 

4.  In  addition  to  a  copy  of  their  seafarers’  employment  agreement,  all  seafarers  shall  be 
provided with a copy of the on-board complaint procedures applicable on the ship. This shall 
include contact information for the competent authority in the flag State and, where different, 

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in the seafarers’ country of residence, and the name of a person or persons on board the ship 
who can, on a  confidential basis,  provide  seafarers with impartial advice on their complaint 
and otherwise assist them in following the complaint procedures available to them on board 
the ship. 

FINAL PROVISIONS 

Subsequent to any amendments to any of the provisions of the Maritime Labour Convention, 
2006,  and  if  requested  by  either  one  of  the  Parties  to  this  Agreement,  a  review  of  the 
application of this Agreement shall be carried out. 

The Social Partners make this Agreement on condition that it shall not enter into force until 
the date when the ILO Maritime Labour Convention, 2006 enters into force, such date being 
12  months  after  the  date  on  which  there  have  been  registered  with  the  International  Labour 
Office ratifications by at least 30 Members with a total share in the world gross tonnage of 
ships of 33 per cent. 

Member  States  and/or  the  Social  Partners  can  maintain  or  introduce  more  favourable 
provisions for seafarers than set out in this Agreement. 

This  Agreement  shall  be  without  prejudice  to  any  more  stringent  and/or  specific  existing 
Community legislation. 

This  Agreement  shall  not  affect  any  law,  custom  or  agreement  which  provides  for  more 
favourable conditions for the seafarers concerned. For example, the terms of this Agreement 
are  without  prejudice  to  Council  Directive  1989/391  on  the  introduction  of  measures  to 
encourage  improvements  in  the  safety  and  health  of  workers  at  work,  to  Council  Directive 
92/29  on  the  minimum  safety  and  health  requirements  for  improved  medical  treatment  on 
board  vessels  and  to  Council  Directive  1999/63  concerning  the  Agreement  on  the 
organization of working time of seafarers (to be amended in accordance with Annex A to this 
Agreement). 

Implementation of this Agreement shall not constitute valid grounds for reducing the general 
level of protection afforded to seafarers in the field of the Agreement. 

EUROPEAN TRANSPORT WORKERS’ FEDERATION (ETF)  

EUROPEAN COMMUNITY SHIPOWNERS’ ASSOCIATIONS (ECSA) 

CHAIRPERSON MARITIME TRANSPORT SECTORAL DIALOGUE COMMITTEE  

BRUSSELS, 19 MAY 2008 

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ANNEX A 

AMENDMENTS TO THE AGREEMENT ON THE ORGANISATION OF WORKING 
TIME OF SEAFARERS CONCLUDED ON 30 SEPTEMBER 1998 

In  their  discussions  leading  to  the  conclusion  of  their  Agreement  on  the  Maritime  Labour 
Convention,  2006,  the  Social  Partners  additionally  reviewed  the  Agreement  on  the 
Organisation  of  Working  Time  of  Seafarers  concluded  on  30  September  1998,  in  order  to 
verify that it was consistent with corresponding provisions of the Convention and agree any 
necessary amendments. 

As a result, the Social Partners have agreed the following amendments to the Agreement on 
the Organisation of Working Time of Seafarers: 

1. 

Clause 1 

Insert new paragraph 3: 

“3.  In  the  event  of  doubt  as  to  whether  any  categories  of  persons  are  to  be  regarded  as 
seafarers  for  the  purpose  of  this  Agreement,  the  question  shall  be  determined  by  the 
competent  authority  in  each  Member  State  after  consultation  with  the  shipowners’  and 
seafarers’  organizations  concerned  with  this  question.  In  this  context  due  account  shall  be 
taken  of  the  Resolution  of  the  94th  (Maritime)  Session  of  the  General  Conference  of  the 
International Labour Organization concerning information on occupational groups.” 

2. 

Clause 2 (c) 

Replace Clause 2 (c) with: 

“(c)  the  term  seafarer  means  any  person  who  is  employed  or  engaged  or  works  in  any 
capacity on board a ship to which this Agreement applies;” 

3. 

Clause 2 (d) 

Replace Clause 2 (d) with: 

“(d) the term shipowner means the owner of the ship or another organization or person, such 
as  the  manager,  agent  or  bareboat  charterer,  who  has  assumed  the  responsibility  for  the 
operation of the ship from the owner and who, on assuming such responsibility, has agreed to 
take  over  the  duties  and  responsibilities  imposed  on  shipowners  in  accordance  with  this 
Agreement, regardless of whether any other organization or persons fulfil certain of the duties 
or responsibilities on behalf of the shipowner.” 

4. 

Clause 6  

Replace Clause 6 with: 

“1. Night work of seafarers under the age of 18 shall be prohibited. For the purposes of this 
Clause, “night” shall be defined in accordance with national law and practice. It shall cover a 
period of at least nine hours starting no later than midnight and ending no earlier than 5 a.m. 

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2.  An  exception  to  strict  compliance  with  the  night  work  restriction  may  be  made  by  the 
competent authority when: 

(a) 

(b) 

the  effective  training  of  the  seafarers  concerned,  in  accordance  with  established 
programmes and schedules, would be impaired; or 

the specific nature of the duty or a recognized training programme requires that the 
seafarers  covered  by  the  exception  perform  duties  at  night  and  the  authority 
determines,  after  consultation  with  the  shipowners’  and  seafarers’  organizations 
concerned, that the work will not be detrimental to their health or well-being. 

3. The employment, engagement or work of seafarers under the age of 18 shall be prohibited 
where the work is likely to jeopardize their health or safety. The types of such work shall be 
determined by national laws or regulations or by the competent authority, after consultation 
with  the  shipowners’  and  seafarers’  organizations  concerned,  in  accordance  with  relevant 
international standards.” 

5. 

Clause 13 

Replace Clause 13 (1) first sentence with: 

“1. Seafarers shall not work on a ship unless they are certified as medically fit to perform their 
duties. 

2. Exceptions can only be permitted as prescribed in this Agreement. 

3. The competent authority shall require that, prior to beginning work on a ship, seafarers hold 
a valid medical certificate attesting that they are medically fit to perform the duties they are to 
carry out at sea. 

4.  In  order  to  ensure  that  medical  certificates  genuinely  reflect  seafarers’  state  of  health,  in 
light of the duties they are to perform, the competent authority shall, after consultation with 
the  shipowners’  and  seafarers’  organizations  concerned,  and  giving  due  consideration  to 
applicable  international  guidelines,  prescribe  the  nature  of  the  medical  examination  and 
certificate. 

5.  This  Agreement  is  without  prejudice  to  the  International  Convention  on  Standards  of 
Training,  Certification  and  Watchkeeping  for  Seafarers,  1978,  as  amended  (“STCW”).  A 
medical certificate issued in accordance with the requirements of STCW shall be accepted by 
the  competent  authority,  for  the  purpose  of  paragraphs  1  and  2  of  this  Clause.  A  medical 
certificate meeting the substance of those requirements, in the case of seafarers not covered by 
STCW, shall similarly be accepted. 

6.  The  medical  certificate  shall  be  issued  by  a  duly  qualified  medical  practitioner  or,  in  the 
case  of  a  certificate  solely  concerning  eyesight,  by  a  person  recognized  by  the  competent 
authority  as  qualified  to  issue  such  a  certificate.  Practitioners  must  enjoy  full  professional 
independence  in  exercising  their  medical  judgement  in  undertaking  medical  examination 
procedures. 

7.  Seafarers  that  have  been  refused  a  certificate  or  have  had  a  limitation  imposed  on  their 
ability to work, in particular with respect to time, field of work or trading area, shall be given 

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the opportunity to have a further examination by another independent medical practitioner or 
by an independent medical referee. 

8. Each medical certificate shall state in particular that: 

(a) 

(b) 

the hearing and sight of the seafarer concerned, and the colour vision in the case of a 
seafarer to be employed in capacities where fitness for the work to be performed is 
liable to be affected by defective colour vision, are all satisfactory; and 

the  seafarer  concerned  is  not  suffering  from  any  medical  condition  likely  to  be 
aggravated  by  service  at  sea  or  to  render  the  seafarer  unfit  for  such  service  or  to 
endanger the health of other persons on board. 

9. Unless a shorter period is required by reason of the specific duties to be performed by the 
seafarer concerned or is required under STCW: 

(a) 

a  medical  certificate  shall  be  valid  for  a  maximum  period  of  two  years  unless  the 
seafarer is under the age of 18, in which case the maximum period of validity shall 
be one year; 

(b) 

a certification of colour vision shall be valid for a maximum period of six years. 

10.  In  urgent  cases  the  competent  authority  may  permit  a  seafarer  to  work  without  a  valid 
medical  certificate  until  the  next  port  of  call  where  the  seafarer  can  obtain  a  medical 
certificate from a qualified medical practitioner, provided that: 

(a) 

(b) 

the period of such permission does not exceed three months; and 

the  seafarer  concerned  is  in  possession  of  an  expired  medical  certificate  of  recent 
date. 

11. If the period of validity of a certificate expires in the course of a voyage, the certificate 
shall  continue  in  force  until  the  next  port  of  call  where  the  seafarer  can  obtain  a  medical 
certificate  from  a  qualified  medical  practitioner,  provided  that  the  period  shall  not  exceed 
three months. 

12. The medical certificates for seafarers working on ships ordinarily engaged on international 
voyages must as a minimum be provided in English.” 

The subsequent sentences of Clause 13 (1) and paragraph 13 (2) become paragraphs 13 to 15. 

6. 

Clause 16: 

Replace first sentence with: 

“Every seafarer shall be entitled to paid annual leave. The annual leave with pay entitlement 
shall be calculated on the basis of a minimum of 2.5 calendar days per month of employment 
and pro rata for incomplete months.“ 

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