Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on seafarers amending Directives 2008/94/EC, 2009/38/EC, 2002/14/EC, 98/59/EC and 2001/23/EC
Date: 2013-11-18
Institutions: European Commission
Subjects: European Works Council, collective dismissal, crew, financial solvency, labour law, transfer of businesses, worker information













EUR-Lex - 52013PC0798 - EN











|



52013PC0798

Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on seafarers amending Directives 2008/94/EC, 2009/38/EC, 2002/14/EC, 98/59/EC and 2001/23/EC /* COM/2013/0798 final - 2013/0390 (COD) */









EXPLANATORY MEMORANDUM
1.           CONTEXT OF THE PROPOSAL
The EU labour law directives are generally
applicable to all sectors of activity and all categories of workers.
Nevertheless, seafarers are excluded or can be excluded from the scope of six directives,
without any express justification. The directives concerned are the following:
•        Directive 2008/94/EC[1] relating to the protection of
employees in the event of the insolvency of their employer (hereafter referred
to as ‘the Employer Insolvency Directive’);
•        Directive 2009/38/EC[2] on the establishment of
European Works Council (hereafter referred to as the ‘European Works Council
Directive’);
•        Directive 2002/14/EC[3] establishing a general
framework for informing and consulting employees (hereafter referred to as the ‘Information
and Consultation Directive’);
•        Directive 98/59/EC[4] on the approximation of the
laws of the Member States relating to collective redundancies (hereafter
referred to as the ‘Collective Redundancies Directive’);
•        Directive 2001/23/EC[5] relating to the safeguarding of
employees’ rights in the event of transfers of undertakings (hereafter referred
to as the ‘Transfer of Undertakings Directive’);
•        Directive 96/71/EC[6] concerning the posting of
workers in the framework of the provision of services (hereafter referred to as
the ‘Posting of Workers Directive’).
Depending on the situation at national level,
exclusions could have a negative impact on a number of rights recognised under
the Charter of Fundamental Rights of the European Union, in particular the
right to information and consultation within the undertaking (Article 27), and
the right to fair and just working conditions (Article 31).
Most of the Member States have made little or
no use of the exclusions. Eight Member States[7]
have not excluded seafarers from any of the Directives and eight Member States
have made use of only one exclusion. This situation gives rise to a potential
situation whereby the same categories of workers are treated differently in the
different Member States.
Furthermore, as underlined by the Commission
previously, the number of EU national seafarers is steadily decreasing and this
could be problematic for the future, notably because experience off-shore is
essential for certain shore-based jobs. Although this could be the consequence
of different factors, the lack of interest in maritime careers may be
reinforced by the impression that seafarers are less well protected than other
employees[8].
Hence, the current situation does not ensure a
level playing field in the European market, since certain companies are
exempted from certain obligations, notably in terms of information and
consultation, which are mandatory for competing companies based in other Member
States.
As a consequence, the aim of the proposal is to
improve the level of protection of the rights protected under the EU Charter of
Fundamental Rights in EU labour law and to ensure a level playing field at EU
level. Furthermore, it contributes to general policy objectives which are
enshrined in Article 151 TFEU, namely the promotion of employment, improved
living and working conditions, proper social protection and dialogue between
management and labour.
1.1.        Consistency with other EU
policies and horizontal objectives
This initiative aims at assessing the scope and
reasons for the exclusion or faculty to exclude seafarers from labour law directives.
The Commission is committed to ensuring the compatibility of any new
legislative proposal with the EU Charter of Fundamental Rights and to assess
the impact of all such proposals on the rights and principles protected under
the Charter. In the case at stake, suppressing the exclusions would have a
positive impact on the rights protected under Articles 27 and 31 of the
Charter.
It is also fully in line with the Integrated
Maritime Policy for the European Union established in 2007 through the
so-called ‘Blue Book’[9].
In the ‘Blue Book’ the Commission insisted on its aim ‘to increase the number
and quality of maritime jobs for European citizens’, stressing in
particular that:
‘Improved staffing policies and working
conditions (including health and safety), supported by a concerted effort by
all maritime stakeholders and an efficient regulatory framework taking into
account its global context, are necessary if Europeans are to be attracted to
the sector.’
The Commission stated that in order to meet the
objective it would ‘reassess, in close cooperation with social partners, the
exclusions affecting maritime sectors in EU labour legislation’.
The Commission reaffirmed its objective to
increase the number and quality of jobs in the maritime sector in its
Communication on ‘Blue Growth’[10]
which was endorsed by the European Ministers responsible for the Integrated
Maritime Policy in the Limassol Declaration [11].
This proposal is also in line with the EU 2020
Strategy and its goals, notably in terms of employment. Improving the quality
of work and working conditions, and in particular reviewing the existing
legislation and providing for a smarter EU legal framework for employment and health
and safety at work, constitute key actions within the context of ‘An Agenda for
new skills and jobs: A European contribution towards full employment’[12].. 
2.           RESULTS OF CONSULTATIONS
WITH THE INTERESTED PARTIES AND IMPACT ASSESSMENTS
2.1.        Consultations of
stakeholders
This proposal was preceded by a number of
consultations, both specific and general. The Commission has also used external
expertise for the preparation of this initiative.
General
In the context of the setting up of an
integrated maritime policy, the issue of labour law exclusions was addressed in
the 2006 Green Paper[13].
In its 2007 Communication[14],
the Commission drew some conclusions from the consultation launched with the
Green Paper. On the issue of jobs in the maritime sector, it stated that ‘there
are divergences on whether, and which, exclusions concerning maritime sectors
in EU social legislation are justified, but there is agreement on the need to
contribute to a global level playing field for the sector and the role that EU
legislation can play in this context’.
Specific
In October 2007, the Commission adopted a
Communication[15]
launching the first stage of consultation of European social partners as
provided for in Article 154 of the Treaty on the Functioning of the European
Union (TFEU). It was followed, in April 2009, by the launching of the second stage
of consultation of the European social partners.
The consultation showed that the social
partners in the maritime transport sector had differing views on the need to do
away with the existing exclusions. While the European Transport Workers'
Federation (ETF) were in favour of suppressing all exclusions, the European
Community Shipowners' Associations (ECSA) considered that the reasons for
introducing them, which were linked to the specificities of the maritime
transport sector, remained valid and that the exclusions should therefore be
maintained.
For their part, both sides in the fisheries
sector were in favour of doing away with some of the existing exclusions
(Insolvency Directive, Collective Redundancies Directive and Transfer of
Undertakings Directive) or the establishment of equivalent specific provisions,
particularly regarding information and consultation. They did not take a position
regarding the European Works Councils Directive.
A detailed questionnaire was sent to all Member
States. Replies were received from 20 Member States[16]. The information received is
detailed in Annex 3 of the Impact Assessment report.
In summary, it should be underlined that Member
States that have opted to apply the provisions of the Directives to seafarers
are unanimous that they do not appear to represent significant additional costs
compared to their application to on-shore companies. None of these Member
States, notably some Member States with an important maritime sector, is aware
of any negative impact, particularly in the event of the sale of a vessel. On
the contrary, the experience of some maritime nations which do not apply the
exclusions has been an increase in the fleet, while the fleets of Member States
that applied the exclusions decreased.
Member States having made use of the exclusions
and derogations unanimously argue that they should be maintained and that the
application of the Directives to the maritime sector would have significant additional
costs. The Member States in question do not give any indication of the
quantification of the additional costs.
External expertise
The Task Force on maritime employment and
competitiveness, established by the European Commission in the context of the
integrated maritime policy, delivered its report in July 2011[17]. On the issue of the exclusion
of seafarers from certain labour law Directives, the Task Force stated:
‘Important evolutions have occurred since
the provisions were adopted, notably as regards communications technology,
which might now make information and consultation requirements more practical.
Elimination of the exclusions or the application of requirements adapted to the
special circumstances of employment at sea would help to eliminate the
impression that seafarers are less well protected by European Union labour law
than other employees which may contribute to a lack of interest in maritime
careers’.
The Commission launched a call for tenders for
a study aimed at supporting the preparation of an impact assessment concerning
the possible review of the current exclusions of seafaring workers from the
scope of EU labour law. The Study was carried out by a consortium led by MRAG
Limited. The final report[18]
was delivered in December 2010.
2.2.        Impact assessments
From the discussions and consultations with
stakeholders, the following policy options emerged for impact assessment:
Policy option 1: no EU action
Under this policy option, the EU would take no
new initiative, legislative or non-legislative. The current Directives would
remain in place as they stand.
Trends indicate that the decline in the number
of European seafarers is likely to continue, with more and more jobs aboard
European vessels taken up by personnel from third countries.
Policy option 2: derogation subject to the
guarantee of an equivalent level of protection
This option would entail replacing the blank
exclusions by a provision allowing Member States to deviate from the provisions
of the Directive for seafarers, provided that a degree of protection equivalent
to that of the Directives and its effective exercise by the employees concerned
is ensured.
This option would allow for the adaptation of
the legal framework to the specificities of the maritime sector, notably the
remoteness of workers from the headquarters of the company for very long
periods, but would still require Member States to ensure the substance of the
protection, if not the practical modalities of its implementation.
Policy option 3: suppress the exclusions in
all Directives
This option would be based on the assumption
that all of the Directives were originally intended to include all sectors of
activity and that the exclusions of seafarers are unjustified.
Policy option 4: adapt the rules to the
specificities of the sector
This option would entail the adoption of
substantive norms aimed at adapting the legal texts to the characteristics of
the maritime sector. For example, in the maritime sector, the buying and
selling of vessels is common practice. In this highly competitive market the
adoption of norms should not lead to a competitive disadvantage for the EU-based
seller of a vessel.
Depending on each particular Directive, it could
be necessary to put in place special arrangements concerning the eligibility as
workers’ representative or the application of general rules to the sale of a
vessel.
The ranking of the policy options was made
autonomously for each Directive, since the best approach could differ from one
Directive to another. Indeed, the preferred option for this initiative would be
a combination of the four different policy options, depending on the individual
Directive:
·              
Policy option 3 (suppression of the exclusions)
for the Insolvency Directive;
·              
Policy option 3 (suppression of the exclusions)
for the European Works Council Directive;
·              
Policy option 2 (equivalent level of protection)
for the Information and Consultation Directive;
·              
Policy option 4 (specific provisions) for the
Collective Redundancies Directive;
·              
Policy option 4 (specific provisions) for the Transfer
of Undertakings Directive;
·              
Policy option 1 (no action) for the Posting of
Workers Directive.
This proposal is in line with the
conclusions of the Impact Assessment report in terms of the ranking of the
policy options.
The impact of this initiative on SMEs,
essentially small and micro-enterprises, is reduced because most of the
Directives already exclude small and micro-enterprises.
3.           LEGAL ELEMENTS OF THE
PROPOSAL
This proposal introduces amendments to five
Directives in force. In particular, it recognises an unconditional right to
information and consultation of seagoing workers in all Directives which
previously allowed for exceptions and derogations from this right (European
Works Councils Directive, Information and Consultation Directive, Collective
Redundancies Directive, Transfer of Undertakings Directive).
Procedures for information and consultation
of workers contribute to improving corporate governance and to reducing the
negative consequences of sudden restructuring. Companies will benefit from better
communication of information regarding company strategy and the rationale for
certain decisions to employees, particularly in times of change, with no
substantial costs to the employer.
It also recognises other rights, taking
into account the specificity of the sector (suppression in some specific cases
of cooling-off periods in the Collective Redundancies Directive or of the
transfer of the employment contract/relationship in the Transfer of
Undertakings Directive).
In view of the type of amendments, its
sectoral nature and the principle of procedural economy, it is preferable to
amend the Directives by means of a single Directive.
Legal basis
This proposal introduces amendments to five
existing Directives: Directives 2008/94/EC, 2009/38/EC, 2002/14/EC, 98/59/EC
and 2001/23/EC. Three of these Directives were adopted with Article 153 TFEU
(former Article 137 EC) as legal basis: 2009/38/EC, 2002/14/EC and 2008/94/EC.
The legal bases of Directives 98/59/EC and 2001/23/EC were respectively
Articles 100 EC and 94 EC, i.e., equivalent to the current Article 115 TFEU.
Despite the different legal bases of the Directives
to be amended, having regard to their content, it is clear that they all serve
to support and complement Member States' activities in the fields enumerated in
Article 153(1) TFEU, in order to further the social policy objectives of the
Union.
Article 153(2) TFEU is therefore the
adequate legal basis for a single proposal amending the abovementioned five
Directives.
Subsidiarity and proportionality
This exercise concerns the review of five
Directives. As such, this can only be done at the level of the EU, by a
Directive or a series of Directives amending the existing acts.
This initiative covers a sector subject to
strong international competition, with a large proportion of the workforce
employed on vessels of one Member State and coming from other Member States or
third countries. Therefore the policy options chosen were considered carefully
against the impact on the sector in terms of competitiveness and costs.
Given that the present legal situation
gives rise to unequal treatment of the same category of workers by different
Member States, according to whether or not those Member States apply the
exemptions and derogations allowed by present legislation, an EU initiative
would ensure a greater level playing field, at least at the level of vessels
flying the flag of a Member State.
The solution proposed seeks to avoid
imposing excessive costs and is based on a careful analysis of proportionality.
Choice of instrument
The instrument chosen is a Directive. No
other instrument would have been suitable. The aim is to amend five Directives
in force and this can only be done through a Directive.
Detailed explanation of the provisions
of the proposal
The choice of policy option implemented by
provisions described below is in line with conclusions of the impact assessment[19] carried out by the Commission
regarding each one of the Directives (as described above in Section 2.2).
Article 1
This Article provides for the deletion of
Article 1(3), point (b) of Directive 2008/94/EC. This will suppress the
possibility of excluding share-fishermen from the scope of the Insolvency
Directive.
Article 2
Article 2 suppresses Article 1(7) of Directive 2009/38/EC. Merchant
navy crews will therefore be covered by the provisions of the European Works
Council Directive.
Article 3
This Article amends Article 3(3) of
Directive 2002/14/EC in order to clarify that Member States are able to
derogate from the general provisions of the Directive only where an equivalent
level of protection and effective exercise by the employees concerned is
ensured.
Article 4
This Article introduces four amendments to
Directive 98/59/EC.
The first amendment inserts the definition
of ‘transfer’, by reference to Directive 2001/23/EC.
The second amendment deletes Article
1(2)(c), thus putting the crews of seagoing vessels within the scope of the
Collective Redundancies Directive.
The third amendment clarifies that the
notification provided for by Article 3(1) of the Directive should always be
made to the competent authority of the State of the flag. This clarification is
necessary because of the potential coexistence of employment contracts under
different national laws.
The fourth amendment inserts a new
provision stating that Member States may grant the competent public authority
the right to derogate, in part of in full, from the provisions on the ‘cooling-off’
period when the envisaged collective redundancy is carried out as a consequence
of a transfer, having as its object exclusively one vessel or more vessels, or
when the employer only operates one vessel. If Member States would like to make
use of this derogation, they have to consult social partners when transposing
this provision into their legislation. This amendment takes into account the
characteristics of the maritime sector. Applying the ‘cooling off’ period in the
highly competitive market for the buying and selling of vessels would put the
EU seller at a competitive disadvantage. Furthermore it provides for mitigating
measures for companies operating only one vessel. 
It should be underlined that in the case of
a sale consisting exclusively of one vessel or more, or in the case of an
employer operating one vessel, the information and consultation obligation laid
down in Article 2 continues to apply.
The Directive remains fully applicable in
all other circumstances where the collective dismissal of members of the crew
of a vessel is envisaged.
Article 5
Current Article 1(3) of Directive 2001/23/EC
is repealed. The Directive is made fully applicable to seagoing vessels
registered in and/or flying the flag of a Member State, wherever they are
situated. However, taking into account the specific characteristics of the maritime
sector, Member States may, after consultation of social partners, derogate from
the provisions of Chapter II of the Directive in the case of transfers
concerning exclusively one seagoing vessel or a number of seagoing vessels, or
the undertaking or business being transferred only operates one seagoing
vessel. Consequently, in case of transfers concerning vessels exclusively or in
the case of the undertaking only operating one vessel, at least the provisions
of the Directive concerning information and consultation shall apply.
Vessels are fully covered by the scope of
the Directive when they constitute one of the assets being transferred.
Article 6
Article 6 contains a non-regression clause.
It aims at safeguarding the rights of workers covered
by the scope of the proposal as recognised by the Member States before its
entry into force.
Article 7
Article 7 contains a review clause. The objective of the review is to monitor the implementation and
application of Articles 4 and 5 of the Directive in the Member States, in
particular on two issues: the phenomenon of flagging out and the level of
employment of EU seafarers. 
Articles 8 
In order to take into account the
differences between Member States regarding the nature of the maritime sector
and the extent to which seafarers are included in the scope of national labour
legislation, article 8 provides for a transition period of 5 years.
Article 9 and 10
These are standard provisions concerning entry
into force and addressees of the Directive.
4.           BUDGETARY IMPLICATIONS
The proposal has no implications for the
budget of the Union.
5.           ADDITIONAL INFORMATION
Correlation table
The Member States are required to
communicate to the Commission the text of national provisions transposing the
Directive but they are not requested to provide a correlation table.
European Economic Area
The proposed act concerns an EEA matter and
should therefore extend to the European Economic Area.
2013/0390 (COD)
Proposal for a
DIRECTIVE OF THE EUROPEAN PARLIAMENT
AND OF THE COUNCIL
on seafarers amending Directives
2008/94/EC, 2009/38/EC, 2002/14/EC, 98/59/EC and 2001/23/EC
(with EEA relevance)
THE EUROPEAN PARLIAMENT AND THE
COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the
Functioning of the European Union, and in particular Article 153(2) thereof,
Having regard to the proposal from the
European Commission,
After transmission of the draft legislative
act to the national Parliaments,
Having regard to the opinion of the
European Economic and Social Committee[20],
Having regard to the opinion of the Committee
of the Regions[21],
Acting in accordance with the ordinary
legislative procedure,
Whereas:
(1)       Under Article 153 of the Treaty
on the Functioning of the European Union (TFEU), the European Parliament and
the Council may, in accordance with the ordinary legislative procedure, adopt,
by means of directives, minimum requirements for gradual implementation aiming
at improving working conditions, the protection of workers where their
employment contract is terminated, information and consultation of workers and
the working environment to protect workers’ health and safety. Such directives
must avoid imposing administrative, financial and legal constraints in a way that
would hold back the creation and development of small and medium-sized
undertakings.
(2)       Directive 2008/94/EC of
the European Parliament and of the Council of 22 October 2008 on the protection
of employees in the event of the insolvency of their employer[22], Directive 2009/38/EC of the
European Parliament and of the Council of 6 May 2009 on the establishment of a
European Works Council or a procedure in Community-scale undertakings and
Community-scale groups of undertakings for the purposes of informing and
consulting employees[23],
Directive 2002/14/EC of the European Parliament and of the Council of 11 March
2002 establishing a general framework for informing and consulting employees in
the European Community[24],
Council Directive 98/59/EC of 20 July 1998 on the approximation of the laws of
the Member States relating to collective redundancies[25] and Council Directive 2001/23/EC
of 12 March 2001 on the approximation of the laws of the Member States relating
to the safeguarding of employees' rights in the event of transfers of
undertakings, businesses or parts of undertakings or businesses[26], either exclude seagoing
workers from their scope or allow the Member States to exclude them.
(3)       Insofar the existence and/or
possibility of introducing exclusions is not justified on objective grounds,
they should be suppressed.
(4)       This Directive respects
the fundamental rights and observes the principles recognised in the Charter of
Fundamental Rights of the European Union, notably the right to information and
consultation within the undertaking (Article 27) and the right to fair and just
working conditions (Article 31), as referred to in Article 6 of the Treaty on
European Union. This Directive has to be implemented in accordance with those
rights and principles. However, the
existence and/or possibility of introducing exclusions may prevent or limit the
possibility for seagoing workers to fully enjoy their right to information and
consultation, and the right to working conditions which respect workers'
health, safety and dignity, both of which are enshrined by the Charter of
Fundamental Rights of the European Union.
(5)       The present legal
situation gives rise to unequal treatment of the same category of workers by
different Member States, according to whether they apply or not the exemptions
and derogations allowed by present legislation. An important number of the Member
States have made limited use of the exclusions. 
(6)       On 10 October 2007 the
Commission presented its vision for an Integrated Maritime Policy for the
European Union, the ‘Blue Book’[27].
This vision recognises that all matters relating to Europe’s oceans and seas
are interlinked, and that sea-related policies must develop in a joined-up way
if they are to reap the desired results.
(7)       The Blue Book[28] stressed the need for an
increase in the number and quality of maritime jobs for European citizens and
the importance of improving working conditions on board.
(8)       In accordance with Article
154(2) TFEU, the Commission has consulted the social partners at the European
level on the possible direction of Union action in this field.
(9)       Having regard to the technological
developments of recent years notably as regards communications technology, the
information and consultation requirements should be updated. 
(10)     The rights of seafarers covered
by this Directive, recognised by the Member States in the national legislation
implementing Directives 2008/94/EC, 2009/38/EC, 2002/14/EC, 98/59/EC and/or
2001/23/EC should be respected.
(11)     This Directive contributes
to achieving the objectives under Article 151 TFEU.
(12)     It is therefore appropriate
to amend the labour law Directives which exclude seafarers from their scope or
allow for derogations which are not justified by objective reasons.
(13)     Since the objective of this
Directive cannot be sufficiently achieved by the Member States and can
therefore, by reason of the scale and effects of the action, be better achieved
at Union level, the Union may adopt measures, in accordance with the principle
of subsidiarity as set out in Article 5 of the Treaty on European Union. 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 that
objective,
HAVE ADOPTED THIS DIRECTIVE:
Article 1
Amendment to Directive
2008/94/EC
Article 1(3) is replaced by the following: 
‘3. Where such provision already applies in
their national legislation, Member States may continue to exclude domestic
servants employed by a natural person from the scope of this Directive.’
Article 2
Amendment to Directive
2009/38/EC
Directive 2009/38/EC is amended as follows:
In Article 1, paragraph 7 is deleted.
Article 3
Amendments to Directive
2002/14/EC
Directive 2002/14/EC is amended as follows:
Article 3(3) is replaced by the following:
‘3. Member States may derogate from this
Directive through particular provisions applicable to the crews of vessels
plying the high seas, provided that such particular provisions guarantee an
equivalent level of protection of the right to information and consultation and
its effective exercise by the employees concerned.’
Article 4
Amendments to Directive
98/59/EC
Directive 98/59/EC is amended as follows:
(1)                   
Article 1 is amended as follows:
(a)         
In paragraph 1, the following point (c) is
added: 
‘(c) ´transfer´ is interpreted in the meaning
of Directive 2001/23/EC.’
(b)         
In Article 1(2), point (c) is deleted.
(2)                   
In Article 3(1), a new second subparagraph is
inserted:
‘When the projected collective redundancy
concerns members of the crew of a seagoing vessel, the notification shall be
made to the competent authority of the State of the flag which the vessel
flies.’
(3)              
In Article 4, the following paragraph 1a is
inserted: 
‘1a. When projected collective redundancies
of members of a crew, are carried out in connection with or deriving from a
transfer of a seagoing vessel, Member States may, after consulting the social
partners, grant the competent public authority the power to derogate, in full
or in part, from the period provided for in paragraph 1 in the following
circumstances:
(a)          
the object of the transfer consists exclusively
of one or more seagoing vessels,
(b)         
the employer only operates one seagoing vessel.’
Article 5
Amendments to Directive
2001/23/EC
Directive 2001/23/EC is amended as follows:
Article 1 is amended as follows:
(1)                   
Paragraph 2 is replaced by the following:         
‘2. This Directive shall apply, without prejudice to paragraph 3, where and
insofar as the undertaking, business or part of the undertaking or business to
be transferred is situated within the territorial scope of the Treaty.’
(2)                   
Paragraph 3 is replaced by the following:         
‘3. This Directive shall apply to the transfer of a seagoing vessel registered
in and/or flying the flag of a Member State and constituting an undertaking,
business or part of an undertaking or business for the purposes of this
Directive, even when it is not situated within the territorial scope of the
Treaty.’
(3)                   
The following paragraph 4 is added:    
‘4. Member States may, after consulting the social partners, provide that Chapter
II of this Directive does not apply in the following circumstances:
(a)          
the object of the transfer consists exclusively
of one or more seagoing vessels,
(b)         
the undertaking or business to be transferred
operates only one seagoing vessel.’
Article 6
The implementation of this Directive shall
under no circumstances constitute grounds for a reduction in the general level of
protection of persons covered by this Directive, already afforded by the Member
States in the fields covered by Directives 2008/94/EC, 2009/38/EC, 2002/14/EC,
98/59/EC and/or 2001/23/EC. 
Article 7
The Commission, in consultation with the
Member States and the social partners at Union level, shall submit a report to
the European Parliament and to the Council on the implementation and
application of Articles 4 and 5 of this Directive no later than 2 years after
the date provided for in Article 8.
Article 8
1.           Member States shall bring
into force the laws, regulations and administrative provisions necessary to
comply with this Directive no later than 5 years after the date of entry into
force of this Directive. The Member States shall immediately communicate to the
Commission the text of those provisions. 
When adopted by the Member States the laws,
regulations and administrative provisions necessary to comply with this
Directive shall contain a reference to this Directive or be accompanied by such
a reference on the occasion of their official publication. Member States shall
determine how such reference is to be made.
2.           The 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.
Article 9
This Directive shall enter into force on
the day following that of its publication in the Official Journal of the
European Union.
Article 10
This
Directive is addressed to the Member States.
Done at Brussels, 
For the European Parliament                       For
the Council
The President                                                 The
President
[1]               Directive 2008/94/EC of the European Parliament and
of the Council of 22 October 2008 on the protection of employees in the event
of the insolvency of their employer (Codified version), OJ L 283, 28.10.2008, p.
36.
[2]               Directive 2009/38/EC of the European Parliament and
of the Council of 6 May 2009 on the establishment of a European Works Council
or a procedure in Community-scale undertakings and Community-scale groups of
undertakings for the purposes of informing and consulting employees (Recast), OJ
L 122, 16.5.2009, p. 28. This Directive repeals and replaces Directive 94/45/EC
(OJ L 254, 30.9.1994, p. 64), as amended by Directive 97/74/EC (OJ L 10,
16.1.1998, p. 22) and Directive 2006/109/EC (OJ L 363, 20.12.2006, p. 416).
[3]               Directive 2002/14/EC of the European Parliament and
of the Council of 11 March 2002 establishing a general framework for informing
and consulting employees in the European Community, OJ L 80, 23.3.2002, p. 29.
[4]               Council Directive 98/59/EC of 20 July 1998 on the
approximation of the laws of the Member States relating to collective
redundancies, OJ L 225, 12.8.1998, p. 16.
[5]               Council Directive 2001/23/EC of 12 March 2001 on the
approximation of the laws of the Member States relating to the safeguarding of
employees’ rights in the event of transfers of undertakings, businesses or
parts of undertakings or businesses, OJ L 82, 22.3.2001, p. 16.
[6]               Directive 96/71/EC of the European Parliament and of
the Council of 16 December 1996 concerning the posting of workers in the
framework of the provision of services, OJ L 18 , 21/01/1997, p. 1.
[7]               AT, BG, CZ, ES, FR, PL, SE, SI.
[8]               See, among others, the Communication ‘An Integrated
Maritime Policy for the European Union’(COM(2007) 575 final of 10 October
2007) and the Report of the Task Force on Maritime Employment.
[9]               Document COM(2007) 575 final of 10 October 2007.
[10]             See Communication ‘Blue Growth: opportunities for
marine and maritime sustainable growth’ (COM/2012/494 final of 13 September
2012).
[11]             The Limassol Declaration, 7 October 2012.
[12]             COM(2010) 682 final of 23 November 2010.
[13]             Document COM(2006) 275 final of 7 June 2006.
[14]             Document COM(2007) 574 final of 10 October 2007.
[15]             Document COM(2007) 591 final of 10 October 2007.
[16]             AT, BG, CY, CZ, DE, DK, EE, EL, ES, FI, FR, LT, LV, MT,
PL, PT, RO, SE, SI and UK.
[17]             http://ec.europa.eu/transport/modes/maritime/seafarers/doc/2011-06-09-tfmec.pdf.
[18]             MRAG, Preparatory study for an impact assessment
concerning a possible revision of the current exclusions of seafaring workers
from the scope of EU social legislation, December 2010.
[19]             Impact Assessment report: SEC […].
[20]             OJ C , , p. .
[21]             OJ C , , p. .
[22]             OJ L 283, 28.10.2008, p. 36.
[23]             OJ L 122, 16.5.2009, p. 28.
[24]             OJ L 80, 23.3.2002, p. 29.
[25]             OJ L 225,
12.8.1998, p. 16.
[26]             OJ L 82, 22.3.2001, p. 16.
[27]             COM (2007) 575 final of 10 October 2007.
[28]             COM (2007) 575 final of 10 October 2007.