COMMISSION STAFF WORKING DOCUMENT EXECUTIVE SUMMARY OF THE IMPACT ASSESSMENT Accompanying the document Proposal for a COUNCIL DIRECTIVE implementing the Agreement concluded between the General Confederation of Agricultural Cooperatives in the European Union (COGECA), the European Transport Workers’ Federation (ETF) and the Association of National Organisations of Fishing Enterprises (EUROPÊCHE) of 21 May 2012 as amended on 8 May 2013 concerning the implementation of the Work in Fishing Convention, 2007 of the International Labour Organisation
Date: 2016-04-29
Institutions: Directorate-General for Employment, Social Affairs and Inclusion, European Commission
Subjects: International Labour Organisation, crew, fisherman, fishing regulations, international convention, sea fishing, working conditions

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   EUROPEAN COMMISSION  Brussels, 29.4.2016  SWD(2016) 143 final   COMMISSION STAFF WORKING DOCUMENT  EXECUTIVE SUMMARY OF THE IMPACT ASSESSMENT  Accompanying the document Proposal for a COUNCIL DIRECTIVE  implementing the Agreement concluded between  the General Confederation of Agricultural Cooperatives in the European Union (COGECA), the European Transport Workers’ Federation (ETF) and the Association of National Organisations of Fishing Enterprises (EUROPÊCHE) of 21 May 2012 as amended on 8 May 2013 concerning the implementation of the Work in Fishing Convention, 2007 of the International Labour Organisation  {COM(2016) 235 final} {SWD(2016) 144 final}  
 
 
Executive Summary Sheet 

Proportionate  impact  assessment  on  the  EU  Social  Partners’  Agreement  concerning  the  implementation  of  the 
ILO Work in Fishing Convention, 2007.   

A. Need for action 

Why? What is the problem being addressed?  
The  International  Labour  Organisation  (ILO)  Work  in  Fishing  Convention  (C188)  was  adopted  in  2007  with  a 
view  to  supplementing  and  updating  international  working  conditions  standards  for  this  sector.  That  year,  the 
Commission launched the first phase of consultation with the EU social partners pursuant to Article 154 of the 
Treaty on the Functioning of the EU (TFEU). EU  social partners were invited to ‘examine  the possibilities  of a 
joint  initiative  to  promote  the  application  within  the  EU  of  the  provisions  of  the  recent  ILO  Work  in  Fishing 
Convention,  2007’.  The  European  Transport  Workers'  Federation  (ETF),  the  Association  of  National 
Organisations of Fishing Enterprises (Europêche) and the General Confederation of Agricultural Cooperatives in 
the EU (COGECA) — concluded an agreement on 8 May 2013 and on 10 May 2013 requested the Commission 
to transpose the agreement into EU legislation (via a directive). In their agreement, EU social partners wanted to 
merge the provisions from EU acquis and ILO Convention C188. 

The main problems identified are that the risks and seriousness of accidents and occupational diseases are high 
and  their  incidence  significantly  higher  than  in  other  economic  sectors.  This  leads  to  absence  from  work  and 
early departures from the sector, increasing costs for employers and social security systems. The main drivers 
are: 1. Work related factors: accidents are often caused by fatigue due to long working hours, inadequate health 
and safety or working conditions. 2. Slow ratification: existing international treaties regarding safety on board of 
vessels have not entered into force due to slow ratification. France is the only EU Member State that has ratified 
Convention  C188.  3.  Fragmentation:  EU  labour  and  occupational  safety  and  health  legislation,  providing  rules 
applicable to all workers, offers a fragmented framework, not fully suited to specific working conditions in a given 
sector.  In  matters  not  covered  by  the  EU  acquis,  EU  Member  States  have  introduced  very  different  national 
standards.  

What is this initiative expected to achieve? 
General objective: To enhance the working and living conditions for fishermen working on vessels flying the flag 
of an EU Member State. Specific objectives: (1) to improve occupational health and safety for fishermen within 
the EU; and (2) to establish a consolidated legal framework suited to working conditions in the sea fishing sector.  

What is the value added of action at the EU level?  
It  would  lead  to  a  consolidated  EU  legal  framework  for  the  sea  fishing  sector,  aligned  with  international 
standards,  which  includes  elements  which  are  currently  not  yet  regulated  at  EU  level,  such  as  the  medical 
certificate  for  fishermen  or  the  right  to  on-board  medical  treatment.  It  builds  on  existing  international  and  EU 
standards  in  applying  the  EU  Treaties.  An  EU  framework  would  lead  to  a  level  playing  field  in  the  sea  fishing 
sector across the EU Member States. The agreement will help speed up the ratification of international Treaties. 
It  will  also  strengthen  the  EU’s  leadership  in  relation  to  non-EU  countries  and  international  organisations  to 
improve  compliance  with  international  measures,  including  respect  for  human  rights  and  the  conservation  and 
management of marine living resources. 

B. Solutions 

What legislative and non-legislative policy options have been considered? Is there a preferred choice or 
not? Why? 
The  Commission  can  only  accept  or  reject  the  signatory  parties’  request  for  legislation  implementing  the 
agreement. It cannot amend the text of the agreement. Therefore only one policy approach has been analysed, 
(i.e. the measures defined in the agreement), and compared against the baseline (i.e. the option of no further EU 
action). In comparing the options, it can be concluded that the agreement achieves the objectives set of overall 
reasonable costs and that implementation of the agreement through a directive is appropriate.  

Who supports which option?  
The agreement has been concluded by the EU social partners in the sea fishing sector. 
  European  Transport  Workers  Federation  (ETF):  represents  the  workers  in  the  sea  fishing  sector  with 

membership in 11 Member States (BE, BG, DE, DK, ES, FR, IT, NL, PL, PT and UK). 

  Europêche: brings together the employers in the sector, both artisanal and large scale, in 11 Member States 

(BE, DE, DK, ES, FR, EL, IT, NL, PL, SE and UK) and another 2 with observer status (LV and LT). 

  COGECA: represents the general and specific interests of European agricultural, forestry, fisheries and agri-
food cooperatives with membership from 11 national organisations (CY, DE, EE, ES, FR, EL, IE, IT, MT, NL 
and SI). 

Altogether 16 Member States involved in sea fishing are represented. In addition the 8 Member States (ES, IT, 
PT, EL, FR, NL, PL and UK) which make up 84 % of the sector in total employment terms and 87 % in terms of 
full-time equivalents are represented within the EU social dialogue committee. It can be therefore concluded that 

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the social partners that have signed the agreement are representative of the sector and can thereforejustly ask 
the Commission for legislation to implement the agreement in accordance with Art. 155 TFEU. All EU Member 
States  voted  in  favour  of  ILO  Convention  C188  when  it  was  adopted  in  2007.  France  is  the  only  EU  Member 
State which has ratified it. A few EU Member States (UK, NL, EE and DK) are preparing to ratify the Convention. 

C. Impacts of the preferred option 

What are the benefits of the preferred option (if any, otherwise main ones)?  
The agreement will improve the living and working conditions in the sea fishing sector concerning working time, 
minimum age, medical certification, risk assessment and medical treatment on board. It will also create a level-
playing field for the sector by setting minimum standards across the EU. The main benefits by stakeholder group 
are as follows. 

  For employers it will reduce the incidence of occupational accidents, injuries, diseases and the associated 
cost  of  compensation,  loss  of  production  and  staff  turnover.  The  reduction  in  the  number  of  occupational 
illnesses  is  estimated  to  provide  an  annual  benefit  to  employers  of  EUR  200 000.  The  change  in  the 
incidence  of  workplace  accidents  would  save  employers  over  EUR  400 000.  The  analysis  shows  that  the 
reduction  in  workplace  accidents  and  occupational  illnesses  would  persist  over  time  and  over  a  five-year 
period  between  200  and  2 000  workplace  accidents  and  between  300  and  1 300  episodes  of  occupational 
illness  would  be  avoided,  with  a  total  benefit  to  employers  of  between  EUR  0.2  and  EUR  1.6  million  for 
occupational illnesses and EUR 0.4 and EUR 3.8 million for accidents. 

  For workers it will lead to a lower risk of accidents or disease and therefore a lower risk of loss of earning 
capacity, enabling them to stay longer in the sector and increasing the attractiveness of the sector for young 
and skilled workers. 

  For national authorities it will lead to lower costs in social security benefits and healthcare. The benefits to 
national authorities will also persist beyond the full five-year period analysed, with the total benefit in relation 
to hospital cost savings estimated to be over EUR 0.2 and EUR 1.5 million over a five-year period. 

What are the costs of the preferred option (if any, otherwise main ones)?   

Overall,  no  significant  increase  in  costs  when  implementing  the  agreement  is  expected.  Some  costs  will  only 
occur  once  (i.e.  costs related  to  the  implementation of  the  agreement  in national  legislation)  and some  will  be 
recurrent  (i.e.  costs  linked  to  the  medical  certificate,  which  will  need  to  be  renewed  periodically,  the  cost  of 
repatriation,  etc.).  The  costs  vary  between  Member  States,  depending  on  the  degree  to  which  their  national 
legislation already complies with the agreement. 

France is the only EU Member State which has ratified the Convention. Some Member States (BE, DE, DK, EE, 
EL,  FI,  HR,  LT,  LV,  NL,  and  PL)  comply  with  most  provisions  of  the  agreement,  therefore  the  costs  for  these 
Member States will be limited. Spain, Portugal, Italy and the United Kingdom will need to change some aspects 
of their legislation (i.e. medical certification, right of repatriation). However, for the Member States that will need 
to  change  their  national  legislation,  the  cost  per  worker  or  per  enterprise  remains  proportionate  overall  to  the 
objective to be achieved. The cost of repatriation is estimated at EUR 10 000 per repatriation, leading to a total 
of EUR 0.1 million per year. The cost of the medical certificate is estimated at a total of EUR 0.5 million per year.  

How will businesses, SMEs and micro-enterprises be affected?  

Nearly 90 % of businesses in this sector are micro-businesses with only one vessel. Although data is scarce, it 
can be assumed that a significant share are owner-operated vessels (to whom provisions of the agreement do 
not apply) or operated by a skipper with one or two other self-employed or employees on board. 

The impact on small businesses will be limited to those where employees or the self-employed work alongside 
employees.  Given  that  the  overall  quantitative  and  qualitative  impact  of  the  agreement  on  businesses  is  of 
limited  significance  (although  there  is  inevitably  a  greater  impact  on  SMEs),  it  is  unlikely  to  reduce  their 
competitiveness. In addition, the agreement gives Member States the option of progressively implementing the 
agreement over a period of five years for certain categories of fishermen or vessels.  

Will there be significant impacts on national budgets and administrations?  
For national authorities, a reduction in the incidence of occupational accidents, diseases, and injuries will lead to 
lower costs for social security and healthcare. Apart from hospital admission savings (reported above), savings 
related to the treatment of occupational accidents, injuries and diseases are difficult to quantify.  

Will there be other significant impacts?  
Given that the overall quantitative impact of the agreement on businesses is of limited significance, no impact on 
consumers is expected with regard to the price of fish. No displacement effect, i.e. shift from employee to self-
employed status, is expected.  

D. Follow-up 

When will the policy be reviewed?  
The  European  Commission  will,  after  consulting  management  and  labour  at  European  level,  monitor  the 
implementation  of  the  Directive  implementing  the  agreement.  The  European  Commission  will  evaluate  the 
Directive implementing the agreement five years after its entry into force. 

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