CELEX: 51991PC0466
Language: en
Date: 1991-12-03
Title: Proposal for a COUNCIL DIRECTIVE concerning the minimum safety and health requirements for work on board fishing vessels - 10th individual Directive within the meaning of Article 16 (1) of Directive 89/391/EEC

COMMISSION OF THE EUROPEAN COMMUNITIES
                                               C0M(91) 466 final - SYN 369
                                               Brussels, 27 November 1991
                                Proposal for a
                              COUNCIL PI RECTI YE
          concerning the minimum safety and health requirements
                     for work on board fishing vessels
   10th individual Directive within the meaning of Directive 89/391/EEC
                        (presented by the Commission)
 ---pagebreak---                                   - 2 -
                         EXPLANATORY MEMORANDUM
Proposal for a Council Directive concerning safety and health at work
on board fishing vessels.
1) LEGAL BASIS
The proposal is based on Article 118a of the EEC Treaty and takes the
form of an individual Directive within the meaning of Article 16 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 the workplace^1), the Annex to which specifically mentions the
f ish ing industry.
 In its Communication on its programme concerning safety, hygiene and
health at work^2) the Commission pointed out that fishing was a high-
risk sector because of the particularly high incidence of serious
accidents.   The measures announced by the Commission in its
Communication were noted by the Council in its Resolution of 21
December 1987(3).
(1) OJ L 183 of 29.6.1989, pp. 1 and 59
(2) OJ C 28 of 3.2.1988, pp. 3-8
 (3) OJ C 28 of 3.2.1988, pp. 1-2
 ---pagebreak---                                   - 3 -
The proposal forms part of the action planned to cater for the social
aspects of the completion of the internal market^ 4 ) and is one of the
initiatives referred to by the Commission in the Communication on its
action programme relating to the implementation of the Community
Charter of Basic Social Rights for Workers^ 5 ).
2)   AIMS OF THE PROPOSAL
The proposal applies to all vessels over 12 m long, which in practice
means all vessels operated by more than one person.     Its aims are as
fol lows:
     to lay down minimum health and safety requirements for fishing
     vessels as special workplaces, since these are excluded from the
     scope of Council Directive 89/654/EEC<6> of 30.11.1989 (1st
      individual Directive);
 (4) White paper - C0M(85) 310 final
 (5) C0M(89) 568 final
 (6) OJ L 393 of 30.12.1989, pp. 1-12
 ---pagebreak---                               _ 4 -
to promote better health and safety conditions on board, by
requiring external, and  in particular meteorological, conditions to
be taken  into account, and compliance with specific minimum
requirements during work;
to cater for the free movement of workers   in the fishing sector by
laying down general  training criteria for health and safety on
board and the use of emergency escape and survival equipment, and
by providing for detailed training for any person   likely to command
a vesse I ;
to promote the provision on board of suitable emergency escape and
survival  equipment and, for vessels working away from the coast,
position-indicating equipment  for use in the event of shipwreck;
finally, to promote the use on board of appropriate   personal
protective equipment  for the specific requirements of work at sea.
 ---pagebreak---                                  - 5 -
3) THE PROPOSAL IN RELATION TO EXISTING NATIONAL LEGISLATION AND
   INTERNATIONAL CONVENTIONS
a) All coastal Member States have legislation covering certain aspects
   of the health and safety of fishermen.
   Most of this is based on international provisions:
        the International Maritime Organization's International
        Convention for the Safety of Life at Sea (1974);
        the Protocol of 1978 relating to the International Convention
        for the Safety of Life at Sea, 1974;
        International Labour Organization (ILO) Convention No 125
        concerning Fishermen's Certificates of Competency;
        the Torremolinos Convention on the Safety of Fishing Vessels
        (IMO) (1977);
   and the 1974 Safety and health requirements for the construction
   and equipment of fishing vessels, drawn up jointly by the IMO, the
    ILO and the FAO (Food and Agriculture Organization).
 ---pagebreak---                                - 6 -
In this context   it should be pointed out that   ILO Convention 125
and the Torremolinos Convention have been ratified and transposed
into national  law by only a limited number of Member States (3 and
7 respectively). Most countries have legislation which takes
account of at least part of one or other of these Conventions. It
should also be noted that the Torremolinos Convention applies only
to vessels over 24 m and has not come into force because the
countries which have ratified    it do not account for sufficient
tonnage as laid down in the Convention.     There are plans to revise
the Convention to make some of its provisions applicable to vessels
over 55 m only.
These  international conventions and the related     secondary
 legislation in the Member States deal mainly with the      intrinsic
safety of vessels or emergency equipment, rather than health and
safety at work, and it is therefore this latter area which the
Commission particularly wishes to cover.
Furthermore, the proposal will not affect current work on revising
the Torremolinos Convention, provided that     it guarantees at   least
an equivalent   level of safety and protection for workers. In this
context, the Commission reserves the right to take measures to
ensure that the Convention or similar provisions are applied as
widely as possible to fishing vessels in the Community.
 ---pagebreak---                                    - 7 -
b)  There are therefore major discrepancies in the national
    legislations of the different Member States with regard to the
    provisions contained in this proposal.    An analysis shows that the
    legislation in many Member States covers vessels over a certain
    length only, and this can vary from one country to another.
    Some Member States have no specific provisions at all on some of
    the aspects covered by this proposal, in particular health and
    safety training for fishermen.
c)  The proposal's provisions on information, training, consultation
    and participation for fishermen contain elements which relate
    specifically to the fishing industry, but take the same form as
    those contained   in Directive 89/391/EEC and individual Directives
    89/654/EEC, 89/655/EEC<7>, 89/656/EEC<8>, 90/269/EEC<9) and
    90/270/EEC( 1 °) and the current proposal for a Council Directive
    concerning the minimum requirements for the provision of safety
    and/or health signs at work^ 1 1 ).
(7) OJ L 393 of 30.12.1989, pp. 13-17
(8) OJ L 393 of 30.12.1989, pp. 18 and 59
(9) OJ L 156 of 21.06.1990, pp. 9-13
(10) 0J L 156 of 21.6.1990, pp. 14 and 59
(11) OJ C 53 of 28.2.1991, pp. 46-64
 ---pagebreak---                                  - 8 -
   These new provisions could therefore be incorporated into national
   legislation in the same way; Member States which have already
   transposed the Directives referred to above will have some
   experience in the matter.
4) CHARACTERISTICS OF THE PROPOSAL
a) This proposal  is based on Article 118a of the EEC Treaty and is
   intended to establish minimum health and safety requirements for
   work in the fishing industry.
b) The proposal  is for an individual Directive within the meaning of
   Article 16 of Directive 89/391/EEC, which established a new legal
   framework. This means that a number of the recitals, the provisions
   on information, training, consultation and participation for
   workers (in this case fishermen) and the final provisions have all
   been drafted in accordance with similar provisions contained in
   Directive 89/391/EEC and/or the individual Directives referred to
    in paragraph 3 c ) .
 ---pagebreak---                                  - 9 -
   For the same reasons the definitions given   in Article 3 of
   Directive 89/391/EEC also apply to the new proposal and have not
   been repeated.
c) Article 4 of the proposal contains provisions to ensure consistency
   with any other Directives covering fishing vessels or the equipment
   on board adopted pursuant to Article 100a.
d) The minimum requirements proposed were taken from or based on the
   international conventions referred to in paragraph 3 a ) .   The aim
   of the proposal  is to extend and harmonize existing provisions in
   the field rather than to introduce completely new provisions.
   However, since the international conventions do not cover safety
   and working conditions  in the fishing  industry, new provisions have
   been introduced on workstation design, work organization, living
   conditions on board, suitable health and safety training for
   fishermen and detailed health and safety training for anyone     likely
   to command a vessel.
 ---pagebreak---                                  - 10 -
5)  CONSULTATION OF THE PARTIES CONCERNED
Experts, government representatives and representatives of workers' and
employers' organizations were consulted by the Commission and were
involved in the preparation of the proposal.  In particular the Joint
Committee on Social Problems in Sea Fishing was invited to comment, and
its observations were taken into account in the drafting of this
proposal.
The Advisory Committee on Safety, Hygiene and Health Protection at Work
(set up by Council Decision 74/325/EEC of 27.6.1974( 12 ) ) was also
consulted and issued a generally favourable opinion, which was taken
into account in the drafting of the proposal.
6)  DESCRIPTION OF THE ARTICLES OF AND ANNEXES TO THE PROPOSAL
    Articles 1 and 2 contain general provisions describing the object
    of the Directive and its scope and giving various definitions.
(12) OJ L 185 Of 9.7.1974, p. 15
 ---pagebreak---                                 - 11 -
Articles 3-7 lay down obligations for vessel owners for the
protection of the health and safety of fishermen:
     while the vessel  is in use (Article 3 ) ,
     when the vessel  is fitted out, for new vessels (Article 4 ) ,
     vessels already  in use (Article 5) or vessels undergoing
     alterations (Article 6 ) ,
     when the vessel  is maintained   (Article 7 ) .
Article 8 deals with   information on health and safety for
f ishermen.
Article 9 deals with health and safety training for    fishermen.
Article 10 relates to detailed health and safety training for any
person   likely to command a vessel.
Article 11 relates to the consultation and participation of
 f ishermen.
Article 12 describes the procedure for adapting the annexes.
 Article 13 and 14 contain the final    provisions.
 Annex  I lays down minimum health and safety requirements for
 fishing vessels commissioned for the first time or altered or
 transformed on or after 1 January 1995.
 ---pagebreak---                                                                 Ill IP 1
                                                                life-
                             - 12 -
Annex II lays down minimum health and safety requirements for
vessels commissioned before 1 January 1995.
Annex  III lays down minimum health and safety requirements
concerning emergency escape and survival equipment.
Annex  IV lays down specific health and safety requirements for
personal protective equipment used at sea.
                                                                  i £
 ---pagebreak---                                  -<\T>-
                            Proposal for a
                          COUNCIL DIRECTIVE
       concerning the minimum safety and health requirements
                  for work on board fishing vessels
    COUNCIL OF* THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establisning the European Economic
Community, and in particular Article 118A thereof,
Having regard to the Commission proposal, drawn up after consultation
with the Advisory Committee on Safety, Hygiene and Health Protection at
Work,
In cooperation with the European Parliament,
Having regard to the opinion of the Economic and Social Committee,
Whereas the Commission communication in its programme concerning
safety, hygiene and health at work^ 1 ) provides for measures to make
safety a more integral part of the design of vessels and the definition
of tasks;
 ---pagebreak--- Whereas the Council  in its Resolution of 21 December 1987 on safety,
hygiene and health at work< 2 ) noted the Commission's intention of
submitting to it minimum requirements concerning the organization of
the safety and health of workers at work;
Whereas compliance with the minimum requirements for ensuring a better
level of safety and health on board fishing vessels is essential to
ensure the safety and health of the workers concerned;
                                                                       , :]r-
                                                                       11":
                                                                              : : : :
                                                                       (•:! *
                                                                       NI +'!
                                                                       111
 (1) OJ C 28 of 3.2.1988, p. 3
 (2) OJ C 28 Of 3.2.1988, p. 1
 ---pagebreak---                                   -1S -
Whereas, because of the particularly difficult working and living
conditions on board fishing vessels, the incidence of fatal accidents
among workers engaged in sea fishing is very high;
Whereas this Directive is an individual Directive within the meaning of
Article 16, paragraph 1, of Council Directive 89/391/EEC of
12 June 1989( 3 ) on the introduction of measures to encourage
improvements in the safety and health of workers at work and that
therefore the provisions of the latter are fully applicable to work on
board fishing vessels, without prejudice to more stringent and/or
specific provisions contained in the present Directive;
Whereas the individual Directives already adopted in the field of
safety and health at work apply, unless otherwise specified, to sea
fishing and that therefore it may in some cases be necessary to specify
the particular characteristics of this activity in order to ensure that
the individual Directives are correctly applied;
Whereas the Council Directive on the minimum health and safety
requirements for improved medical treatment on board vessels^ 4 ) is
applicable in full to the sea fishing industry-,
Whereas this Directive constitutes concrete progress towards the
achievement of *he social dimension of the internal market,
HAS ADOPTED THIS DIRECTIVE:
 (3) OJ L 183 of 29.6.1989, p. 1
 (4) OJ C 183 of 24.7.1990, p. 6
 ---pagebreak---                                                                              IP!
                                     -<AÉ>
                                     OBJECT
Art icle 1
1)    This Directive, which   is an individual Directive within the meaning
      of Article 16 of Directive 89/391/EEC, lays down minimum safety and
       health requirements applicable to work on board fishing vessels.
2)     The provisions of Directive 89/391/EEC are fully applicable to the
       field described  in paragraph 1 without prejudice to more stringent
       and/or specific provisions contained in this Directive.
                                   DEFINITION
A r t icle 2
For the purposes of this Directive, the following terms Jiave the
meanings hereby assigned to them:
       fishing vessel  (hereinafter called vessel): any vessel  registered
        in a Member State or flying the flag of a Member State, used for
       catching or processing fish or other   living resources from the sea,
       with a length between perpendiculars of 1 2 m or over;
        fisherman: any worker within the meaning of Article 3 (a) of
       Directive 89/391/EEC carrying out an activity on board a fishing
        vessel, or any person who, in carrying out an activity on board, is
        subordinate to the captain of the vessel;
       owner: the registered owner of a vessel, unless that vessel   has
 ---pagebreak---     been chartered by demise or is managed, either wholly or in part,
     by a natural or legal person other than the registered owner under
     the terms of a management agreement; in that case the owner shall
     be construed as the demise charterer or natural or legal person
     managing the vessel, as appropriate.
                            GENERAL PROVISIONS
Art icle 3
The Member States shall take the measures necessary to ensure that:
     owners ensure that their vessels are fit for use, on the
     responsibility of the captain, in conditions, and in particular
     meteorological conditions, which do not endanger the health and
     safety of the fishermen;
     account is taken of any hazards faced by the rest of the crew when
     applying Article 8 (4) of Directive 89/391/EEC;
     any occurrences at sea which affect or could affect the health and
     safety of the fishermen on board are described in a detailed report
      to be forwarded to the relevant maritime authorities and are
      recorded carefully and in detail in the ship's log, where the
     national regulations or legislation in force require such a log to
      be kept on the type of vessel in question.
 ---pagebreak---                                    ,<!«-
                VESSELS COMMISSIONED FOR THE FIRST TIME
Art icle 4
Vessels commissioned for the first time on or after 1 January 1996 must
comply with the minimum health and safety requirements laid down in
Annexes I and III.
However, the minimum requirements contained in Annex I shall apply to
the vessels referred to in the previous paragraph only if there are no
relevant Community provisions introduced pursuant to Article 100a of
the Treaty which guarantee at least an equivalent level of protection.
                         VESSELS ALREADY IN USE
Art icle 5
Vessels already commissioned before 1 January 1996 must comply with the
minimum health and safety requirements laid down in Annexes II and  Ml
within three years of that date.
                         ALTERATIONS TO VESSELS
Art icle 6
Where vessels undergo structural alterations and/or transformations on
or after 1 January 1996, such alterations and/or transformations must
comply with the relevant minimum requirements laid down in Annexes I
and III.
 ---pagebreak---                                    - 19 -
Art icle 7
For the protection of the health and safety of workers, the Member
States shall take the measures necessary to ensure that owners:
     ensure that the vessels and their fittings and equipment,
     particularly those referred to in Annexes I and              II, are technically
     maintained, and that any defects found which are likely to affect
     the health and safety of the fishermen are rectified as quickly as
     possible;
     take measures to ensure that the vessels and all fittings and
     equipment are cleaned regularly              in order to maintain an appropriate
     standard of hygiene;
     keep on board the vessel an adequate quantity of suitable emergency
     and survival equipment             in good working order  in accordance with the
     specifications given             in Annex  III;
     take account, when             implementing the provisions of Directive
     8 9 / 6 5 6 / E E C ^ ) , of the personal protective equipment    specifications
     given       in Annex      IV.
 (5) OJ L 393 of 30.12.1989, p. 18
 ---pagebreak---                                4s£> -
                        INFORMATION FOR FISHERMEN
Art icle 8
Without prejudice to the provisions of Article 10 of Directive
89/391/EEC, the fishermen shall be informed of all measures to be taken
regarding health and safety on board vessels.
                          TRAINING OF FISHERMEN
Art icle 9
Without prejudice to Article 12 of Directive 89/391/EEC, fishermen
shall be given suitable training, in particular   in the form of specific
instructions, on health and safety on board vessels.
The training shall cover in particular the use of emergency escape and
survival equipment and, for the fishermen concerned, the use of fishing
gear and hauling equipment and the use of various types of signs,
including hand signals.
                            DETAILED TRAINING
Art icle 10
Without prejudice to Article 5(3) of the Council Directive on the
minimum health and safety requirements for improved medical treatment
on board vessels, any person likely to command a vessel shall be given
deta i led training on:
 ---pagebreak---      the prevention of occupational accidents on board;
     vessel stability and maintenance thereof when laden and during
     f ishing operat ions;
     radio navigation and communication.
                 CONSULTATION AND PARTICIPATION OF WORKERS
Art icle 11
The consultation of fishermen and/or their representatives and their
participation in discussions on the matters covered by this Directive
and its annexes shall be in accordance with Article 11 of Directive
89/391/EEC.
 ---pagebreak---                          ADAPTATION OF THE ANNEXES
Article 12
Purely technical adaptations of the annexes to take account of:
     the adoption of directives in the field of technical harmonization
     and standardization concerning certain aspects of the field covered
     by this Direct ive;
and/or
     technical progress, changes in international regulations or
     specifications and new findings in the field of safety and health
     on board vessels;
shall be adopted in accordance with the procedure laid down in Article
 17 of Directive 89/391/EEC.
                              FINAL PROVISIONS
Art icle 13
 1.  The Member States shall bring into force the laws, regulations and
     administrative provisions necessary to comply with this Directive
     by 1 January 1995 at the latest. They shall forthwith inform the
     Commission thereof.
     Any such laws, regulations and administrative provisions adopted by
     the Member States shall contain a reference to this Directive, or
 ---pagebreak---                                     Z3 -
     shall be accompanied by such a reference upon official   publication
     The Member States shall decide on this matter.
2.   The Member States shall communicate to the Commission the texts of
     the provisions of national   law which they have already adopted or
     adopt  in the field covered by this Directive.
3.   The Member States shall report to the Commission every five years
     on the practical   implementation of the provisions of this
     Directive, indicating the points of view of employers and workers.
     The Commission shall   inform the European Parliament, the Council,
     the Economic and Social Committee and the Advisory Committee on
     Safety, Hygiene and Health Protection at Work.
Art icle 14
This Directive   is addressed to the Member States.
Done at
                                                       For the Counc i I,
                                                       The President
 ---pagebreak---                           . *v-
                                 ANNEX
     MINIMUM SAFETY AND HEALTH REQUIREMENTS FOR FISHING VESSELS
          COMMISSIONED FOR THE FIRST TIME, AS REFERRED TO IN
                 ARTICLES 4, 6 AND 7 OF THE DIRECTIVE
1.     Preliminary note
       The obligations laid down in this Annex apply whenever required
       by the features of the workplace, the activity, the
       circumstances or a hazard foreseeable on board a fishing
       vesse I .
2.     Stability and solidity
2.1.   The hull, deckhouse superstructures, trunks, engines,
       companionways and other structures of the vessel, together with
        its fittings, must be sufficiently solid to enable it to
       withstand all foreseeable conditions in the service for which
        it is intended.
2.2.    If a vessel  is intended for use in ice, its hull must be
       strengthened to take account of the anticipated sailing
       conditions and the area of deployment.
2.3.   All vessels must be sufficiently stable when intact in the
       conditions of service for which they are intended.
 ---pagebreak---                              -<25-
2.4. Any person likely to command a vessel must be familiar with the
     parameters governing the stability of that vessel so that he
     can maintain stability at all times when the vessel is laden
     and during fishing operations. Information on the vessel's
     stability must be available on board and must be accessible to
     the men on watch.
3.   Electrical installations
     Electrical installations must be designed and constructed so as
     not to present any danger and so as to provide:
         protection for the crew and vessel from electrical hazards,
         the services necessary to maintain the vessel in normal
         operational and habitable conditions without having
         recourse to an emergency power supply, and
         the services essential for safety if the main electrical
         power source faiIs.
 ---pagebreak---                            - IQ .
     An emergency source of electrical power must be provided
     outside the engine room and be so arranged as to ensure its
     functioning in the event of fire or other causes of failure of
     the main electricity supply.
     The emergency source must be capable of providing power
     simultaneously for:
          internal communication equipment, fire detection systems
          and signals which may be required in an emergency;
          the navigation lights if solely electrical and the
          emergency lights aboard;
          the emergency fire pumps or bilge pump, where present,
     for at least three hours, to give the rescue services time to
     reach the vesse I .
     Main and emergency switchboards must be located in different
     places so that they cannot all be accidentally exposed to
      flooding or f i re.
4.    Emergency escape routes and exits
4.1.  Emergency escape routes and exits must remain clear and lead as
      directly as possible to the open deck or to a safe area and
      thence to the survival craft so that fishermen can evacuate
     workstations and living quarters quickly and safely.
4.2.  The number, distribution and dimensions of the emergency escape
      routes and exits must depend on the maximum potential number of
      persons present.
 ---pagebreak---                         . - 23-
4.3.     Emergency doors and other emergency exits must be adequately
         watertight and fire resistant for their   location and particular
         funct ion.
         Emergency doors should be operable from both sides easily and
          immediately by any person who may require to use them in an
         emergency.
4.4.     Specific emergency escape routes, facilities and exits must be
          indicated by signs in accordance with national   regulations
         transposing Directive 77/576/EEC^ 6 ^ into law.
         Signs must be placed at appropriate points and be made to last.
4.5.     The emergency escape routes, facilities and exits, and the
         traffic routes and doors giving access to them, must be free
          from obstruction so that they can be used at any time without
         h indrance.
 (6) OJ L 229 of 7.9.1977, p. 12
 ---pagebreak--- 4.6. Emergency escape routes, facilities and exits requiring
     illumination must be provided with emergency lighting of
     adequate intensity in case the lighting fails.
5.   Fire detection and fire fighting
5.1. Depending on the dimensions and use of the vessel, the
     equipment  it contains, the physical and chemical properties of
     the substances, products and materials present and the maximum
     potential number of people present, the crew accommodation and
     interior workplaces including the fish-hold, where necessary,
     must be equipped with appropriate fire-fighting equipment and,
     as necessary, with fire detectors and alarm systems.
5.2. Non-automatic fire fighting equipment must be easily accessible
     and simple to use.
     The equipment must be indicated by signs in accordance with the
     national regulations transposing Directive 77/576/EEC into law.
     Such signs must be placed at appropriate points and be made to
      last.
6.   Ventilation of enclosed workplaces
     Steps must be taken to see to it that there is sufficient fresh
     air in enclosed workplaces, having regard to the working
     methods used and the physical demands placed on the fishermen.
      If a ventilation system is used, it must be maintained in
 ---pagebreak--- working order.
Any breakdown must be indicated by a control system where this
is necessary for fishermen's health.
 ---pagebreak---                            -3o -
7.   Room temperature
     The temperature in living quarters, working areas, sanitary
     facilities and first-aid rooms must be appropriate to the
     particular purpose of such areas.
8.   Natural and artificial lighting of working areas
8.1. Where workplaces do not receive sufficient natural light they
     must be equipped with artificial lighting suitable for the
     operation in hand, without placing the fishermen's safety and
     health in danger or Jeopardizing other vessels.
8.2. Lighting installations in areas containing workplaces, stairs,
      ladders, and in passageways must be placed in such a way that
     there is no risk of accident to the fishermen and no hindrance
     to the navigation of the vessel.
8.3. Workplaces in which fishermen are especially exposed to risks
      in the event of failure of artificial lighting must be provided
     with emergency lighting of adequate intensity.
9.   Floors, walls and ceilings of rooms
9.1. The floors of workplaces must be provided with non-slip
     surfacing and kept clear and free of obstacles.
     Rooms containing workstations must be adequately insulated and
     soundproofed, bearing in mind the type of tasks involved and
     the physical activity of the fishermen.
 ---pagebreak---                       - 3/ -
9.2. The surface of floors, walls and ceilings in workplaces must be
     such that they can be cleaned or refurbished to an appropriate
     standard of hygiene.
10.  Doors
10.1 The position and number of doors in watertight bulkheads and
     weatherproof enclosed superstructures should be reduced to the
     minimum compatible with the general arrangement and operational
     needs of the fishing vessel; openings must be fitted with
     appropriate means of sealing them off.
 ---pagebreak---                          - 32. .
10.2  Doors and in particular sliding doors, where such have to be
      used, must function without risk of accident to the fishermen,
      especially in adverse weather and sea conditions.
11.   Traffic routes - danger areas
11.1  Passageways, trunks, the outer part of deckhouses and all
      traffic routes in general must be equipped with guard rails,
      grab rails and lifelines or other means of ensuring the safety
      of the crew in the course of its activities on board.
      Traffic areas around the foot and the top of ladders and
      stairways must be provided with non-slip surfacing.
11.2  Fixed ladders and stairways must be of adequate size and
      strength, with non-slip rungs and steps and handrails. If the
       top of the ladder on the upper deck leads into a trunk, a
       landing shall be provided. If the ladder leads onto an opening
      on the upper deck, the hand-rails must be extended to meet the
      guard rail protecting the opening on the upper deck.
 11.3  If there is a risk that fishermen may fall through openings in
       the deck, or from one deck to another, adequate protection
       should be provided, wherever possible in the form of guard
       rails of adequate height (in all cases over 1 m ) .
 11.4  Effective bulwarks must be installed on all exposed parts of
       the working deck of an adequate height to protect the crew from
       water washing onto the deck, taking into account the state of
       the sea and the weather conditions in which the vessel may be
 ---pagebreak---                             - 33 -
     used. The bulwarks must be fitted with scuppers or other
     similar devices to enable water to drain away quickly.
     Fixed bulwarks must be high enough to protect fishermen from
     falls and in all cases higher than 750 mm.
     However, if bulwarks of such a height may constitute a
     hindrance to fishing operations on any part of the deck, other
     arrangements must be made providing the same degree of safety.
11.5 Access to installations above the deck for operation or
     maintenance purposes must be such as to ensure the safety of
     the crew. Guard rails or similar devices of appropriate height
     must be provided to prevent falls.
11.6 On stern trawlers with ramps, the ramp must be fitted with a
     gate or other means of securing it of the same height as the
     adjacent bulwarks, to protect seamen from water entering from
     the stern and from the risk of falling into the ramp. This gate
     or other device must be easily opened and closed, preferably by
     remote control, must only be open for hauling in the net and
     must be capable of being shut as soon as the trawl has been
     hoisted on board.
 ---pagebreak---                               - 3^.
    12.  Layout of the workstations
    12.1 Non-slip flooring must be provided in the fishing gear and
         catch handling areas, the engine room, the workshops, the
         galley and other working areas.
    12.2 Working areas must be kept clear, must be protected against the
         sea and must provide adequate protection for seamen against
         falling on board or overboard.
         Handling areas must be sufficiently spacious, in terms of both
         height and surface area.
    12.3 The vessel's engines must be controlled from a room which is
         separate, insulated and soundproofed from the engine room, and
         which must be accessible without entering the latter.
    12.4 The controls for the hauling gear must be installed in an area
         sufficiently  large to enable operators to work unhindered.
         The hauling gear must also have automatic stop facilities to
         prevent improper use, and emergency stop facilities.
    12.5 The hauling gear operator must have an adequate view of the
         hauling gear and the men at work.
          If the hauling gear is controlled from the bridge, the operator
          should also have a clear view of the men at work, either
          directly or via any other suitable medium.
(6)
 ---pagebreak---                             - 3S    -
12.6 A reliable communication system must be used between the bridge
     and the working deck.
12.7 Contact with bare ropes and warps and with moving parts of the
     equipment must be minimized by installing protective devices.
     Controls must be installed for moving masses, particularly on
     trawlers :
     - devices to immobilize the otter boards,
     - devices to control  the swinging motion of the codend.
 ---pagebreak---                              ^36-
13.   Accommoda t i on
13.1  The location, design, soundproofing and insulation of the
      crew's accommodation and facilities and the access thereto
      should be such as to provide adequate protection against
      weather and sea, vibration and the effects of speed and against
      unpleasant odours from other parts of the vessel  likely to
      disturb the fishermen during their period of rest. Appropriate
      measures should be taken to protect non-smokers against
      discomfort caused by tobacco smoke.
13.2  The crew's accommodation should be properly ventilated to
      ensure a constant supply of fresh air and prevent condensation.
      Appropriate lighting must be provided in the crew quarters,
      with:
           adequate normal general lighting
           reduced general lighting to avoid disturbing fishermen who
           are rest ing
           local lighting in each berth.
 13.3  The galley and mess should be of adequate size, adequately lit
       and ventilated and easy to maintain to appropriate standards of
       hygiene.
       A storeroom of adequate size should be provided and should be
       ventilated to ensure it is kept fresh and dry.
       Refrigerators or other low temperature food storage equipment
 ---pagebreak---         must be provided.
14.      Sanitary facilities
         Hot showers should be provided on vessels equipped with crew
         quarters. The sanitary facilities, washbasins and showers,
         where appropriate, must be properly installed, equipped and
         ventilated. Toilets must be provided, and should be in a
         separate room from the other sanitary faciIities.The sanitary
         facilities must be accessible directly from the crew quarters
         without having to go out on deck.
15.      Accommodation ladders and gangways
         An accommodation ladder, gangway or other similar equipment
         providing an appropriate, safe means of boarding the vessel
         must be ava i lable.
16.      Noise
         Without prejudice to national regulations transposing Directive
         86/188/EEC^ 7 ^ and applicable to workers at work, noise levels
          in the crew quarters (particularly cabins) and the sanitary
          facilities must be compatible with the purpose for which such
         areas are used.
 (7) OJ L 137 of 24.5.1986
 ---pagebreak---                               - 3%-
                                 ANNEX I I
       MINIMUM SAFETY AND HEALTH REQUIREMENTS FOR FISHING VESSELS
  ALREADY IN USE, AS REFERRED TO IN ARTICLES 5 AND 7 OF THE DIRECTIVE
1.       Preliminary note
         The obligations laid down in this Annex apply whenever required
         by the features of the workplace, the activity, the
         circumstances or a hazard foreseeable on board a fishing
         vessel .
2.       StabiIity and solidity
2.1.     The hull, deckhouse superstructures, engine casing,
         companionways and other structures of the vessel, together with
          its fittings, must be sufficiently solid to enable it to
         withstand all foreseeable conditions in the service for which
          it is intended.
2.2.      If a vessel is intended for use in ice, its hull must be
         strengthened to take account of the anticipated sailing
         conditions and the area of deployment.
2.3.      All vessels must be sufficiently stable when intact in the
          conditions of service for which they are intended.
 ---pagebreak---                             - 39-
2.4. Any person likely to command a vessel must be familiar with the
     parameters governing the stability of that vessel so that he
     can maintain stability at all times when the vessel   is laden
     and during fishing operations.   Information on the vessel's
     stability must be available on board and must be accessible to
     the men on watch.
3.   Electrical  installations
     Electrical  installations must be designed and constructed so as
     not to present any danger and so as to provide:
         protection for the crew and vessel from electrical hazards;
         the services necessary to maintain the vessel   in normal
         operational and habitable conditions without having
         recourse to an emergency power supply, and
         the services essential for safety if the main electrical
         power source fa iIs.
 ---pagebreak---                       .   qo-
An emergency source of electrical power must be provided
outside the engine room and be so arranged as to ensure     its
functioning   in the event of fire or other causes of failure of
the main electricity    supply.
The emergency source must be capable of providing power
simultaneously for:
     internal communication equipment, fire detection systems
     and signals which may be required   in an emergency;
     the navigation   lights if solely electrical and the
     emergency   Iights aboard;
     the emergency fire pumps or bilge pump, where present,
 for at  least three hours, to give the rescue services time to
 reach the vesseI.
 Main and emergency switchboards must be located    in different
 places so that they cannot all be accidentally exposed to
 flooding or f ire.
 ---pagebreak---                              -If 4 -
4.   Emergency escape routes and exits
4.1. Emergency escape routes and exits must remain clear and lead as
     directly as possible to the open deck or to a safe area and
     thence to the survival craft so that fishermen can evacuate
     workstations and living quarters quickly and safely.
4.2. The number, distribution and dimensions of the emergency escape
     routes and exits must depend on the maximum potential number of
     persons present.
4.3. Emergency doors and other emergency exits must be adequately
     watertight and fire resistant for their location and particular
      funct ion.
      Emergency doors should be operable from both sides easily and
      immediately by any person who may require to use them in an
      emergency.
 ---pagebreak---                           -V-e-
4.4. Specific emergency escape routes, facilities and exits must be
     indicated by signs in accordance with national regulations
     transposing Directive 77/576/EEC into law.
     Signs must be placed at appropriate points and be made to last
4.5. The emergency escape routes, facilities and exits, and the
     traffic routes and doors giving access to them, must be free
     from obstruction so that they can be used at any time without
     h indrance.
 ---pagebreak--- 4.6.  Emergency escape routes, facilities and exits requiring
      illumination must be provided with emergency lighting of
      adequate intensity in case the lighting fails.
      Fire detection and fire fighting
5.1.  Depending on the dimensions and use of the vessel, the
      equipment  it contains, the physical and chemical properties of
      the substances, products and materials present and the maximum
      potential number of people present, the crew accommodation and
       interior workplaces including the fish-hold, where necessary,
      must be equipped with appropriate fire-fighting equipment and,
      as necessary, with fire detectors and alarm systems.
 5.2.  Non-automatic fire fighting equipment must be easily accessible
       and simple to use.
       The equipment must be indicated by signs in accordance with the
       national regulations transposing Directive 77/576/EEC into law.
 ---pagebreak---    Such signs must be placed at appropriate points and be made to
   last
6. Ventilation of enclosed workplaces
   Steps must be taken to see to it that there is sufficient fresh
   air in enclosed workplaces, having regard to the working
   methods used and the physical demands placed on the fishermen.
    If a ventilation system is used, it must be maintained in
   work i ng order.
   Any breakdown must be indicated by a control system where this
    is necessary for fishermen's health.
 ---pagebreak---                              -   MX-
7.    Room temperature
      The temperature in living quarters, working areas, sanitary
      facilities and first-aid rooms must be appropriate to the
      particular purpose of such areas.
8.    Natural and artificial lighting of working areas
8.1.  Where workplaces do not receive sufficient natural light they
      must be equipped with artificial lighting suitable for the
      operation in hand, without placing the fishermen's safety and
      health in danger or jeopardizing other vessels.
8.2.  Lighting installations in areas containing workplaces, stairs,
       ladders, and in passageways must be placed in such a way that
       there is no risk of accident to the fishermen and no hindrance
       to the navigation of the vessel.
 8.3. Workplaces in which fishermen are especially exposed to risks
       in the event of failure of artificial lighting must be provided
 ---pagebreak---       with emergency lighting of adequate intensity
9.    Floors, walls and ceilings of rooms
9.1.  The floors of workplaces must be provided with non-slip
      surfacing and kept clear and free of obstacles.
      Rooms containing workstations must be adequately insulated and
      soundproofed, bearing in mind the type of tasks involved and
      the physical activity of the fishermen.
9.2.  The surface of floors, walls and ceilings in workplaces must be
      such that they can be cleaned or refurbished to an appropriate
      standard of hygiene.
10.    Doors
 10.1  The position and number of doors in watertight bulkheads and
       weatherproof enclosed superstructures should be reduced to the
 ---pagebreak---                     -  ^  -
minimum compatible with the general arrangement and operational
needs of the fishing vessel; openings must be fitted with
appropriate means of sealing them off.
 ---pagebreak---                         - vs-
10.2  Doors and in particular sliding doors, where such have to be
      used, must function without risk of accident to the fishermen,
      especially in adverse weather and sea conditions.
11.   Traffic routes - danger areas
11.1  Passageways, trunks, the outer part of deckhouses and all
      traffic routes in general must be equipped with guard rails,
      grab rails and lifelines or other means of ensuring the safety
      of the crew in the course of its activities on board.
      Traffic areas around the foot and the top of ladders and
       stairways must be provided with non-slip surfacing.
 11.2  Fixed ladders and stairways must be of adequate size and
       strength, with non-slip rungs and steps and handrails. If the
       top of the ladder on the upper deck leads into a trunk, a
        landing shall be provided. If the ladder leads onto an opening
       on the upper deck, the hand-rails must be extended to meet the
       guard rail protecting the opening on the upper deck.
 ---pagebreak---                            - V3.
11.3 If there is a risk that fishermen may fall through openings in
     the deck, or from one deck to another, adequate protection
     should be provided, wherever possible in the form of guard
     rails of adequate height (in all cases over 1 m ) .
11.4 Effective bulwarks must be installed on all exposed parts of
     the working deck of an adequate height to protect the crew from
     water washing onto the deck, taking into account the state of
     the sea and the weather conditions in which the vessel may be
     used. The bulwarks must be fitted with scuppers or other
     similar devices to enable water to drain away quickly.
     Fixed bulwarks must be high enough to protect fishermen from
     falls and in all cases higher than 750 mm.
     However, if bulwarks of such a height may constitute a
     hindrance to fishing operations on any part of the deck, other
     arrangements must be made providing the same degree of safety.
 ---pagebreak---                            - To -
12.  Layout of the workstations
12.1 Non-slip flooring must be provided in the fishing gear and
     catch handling areas, the engine room, the workshops, the
     galley and other working areas.
12.2 Working areas must be kept clear, must be protected against the
     sea and must provide adequate protection for seamen against
     falling on board or overboard.
     Handling areas shall be sufficiently spacious, in terms of both
     height and surface area.
12.3 Where the structure of the vessel allows, the controls for the
      hauling gear must be installed in an area sufficiently large to
     enable operators to work unhindered.
      The hauling gear must also have automatic stop facilities to
      prevent improper use, and emergency stop facilities.
 ---pagebreak--- 12.4 Where the structure of the vessel allows, the hauling gear
     operator must have an adequate view of the hauling gear and the
     men at work.
      If the hauling gear is controlled from the bridge, the operator
     should also have a clear view of the men at work, either
     directly or via any other suitable medium.
12.5 A reliable comunication system shall be used between the bridge
     and the working deck.
12.6 Contact with bare ropes and warps and with moving parts of the
      equipment must be minimized by installing protective devices.
      Controls must be installed for moving masses, particularly on
      trawlers :
      - devices to immobilize the otter boards,
      - devices to control the swinging motion of the codend
 ---pagebreak---                              - sz-
13.  Accommoda t i on
13.1 The crew's accommodation should be designed in such a way as to
     minimize noise, vibration, the effects of speed and unpleasant
     odours from other parts of the vessel; appropriate lighting
     must be provided.
13.2 Refrigerators or other low temperature food storage equipment
     must be provided.
13.3 A toilet and washbasin, and, where possible, a shower, must be
     properly installed and ventilated
14.  Accommodation ladders and gangways
     An accommodation ladder, gangway or other similar equipment
     providing an appropriate, safe means of boarding the vessel
     must be ava i lable.
 ---pagebreak---                          . S3.
                           ANNEX I Ii
            MINIMUM SAFETY AND HEALTH REQUIREMENTS
   CONCERNING THE EMERGENCY ESCAPE AND SURVIVAL EQUIPMENT
             REFERRED TO IN ARTICLES 4, 5, 6 AND 7
1. Fishing vessels travelling further than 20 nautical miles from
   the nearest coast must carry a hydrostatically activated
   emergency position-indicating radio beacon operating on the
   international distress frequency (406.025 MHz) and coded in
   accordance with the vessel's call sign. The radio beacon must
   be easily transferable to any group lifesaving equipment used.
2. Every vessel must carry sufficient life rafts or lifeboats to
   accommodate everyone on board, and they must be located in
   places from which they can be launched safely simply by
   dropping, without any vertical or horizontal obstacles between
   them and the water; it must also be possible to board them
   easily, quickly and safely.
3. The life rafts and lifeboats must be designed in such a way
   that they can be boarded easily and quickly, located visually
    in daylight and at night and located by radar.  They should be
   equipped with:
        a boat hook (on craft other than dinghies) and ropes,
        oars and rowlocks, including spares
 ---pagebreak---        a three-day supply of food and drinking water
       adequate survival equipment and instructions on survival
       a watertight medicine chest which fulfils the minimum
       category D requirements given in Annex II of the Council
       Directive on the minimum health and safety requirements for
        improved medical treatment on board vessels.
   A lifeboat drill must be carried out at least once every three
   months.
4. Life buoys, inflatable arm bands and immersion suits must be
   available in sufficient number and easily and quickly
   accessible.   Hand rails or handles must be positioned near
   immersion suits to help those putting them on.
 ---pagebreak---                           ~ SS -
                           ANNEX IV
            MINIMUM SAFETY AND HEALTH REQUIREMENTS
         CONCERNING THE PERSONAL PROTECTIVE EQUIPMENT
                   REFERRED TO IN ARTICLE 7
1. A tabard incorporating floats and a harness must be used if the
   collective protection equipment such as bulwarks, guard rails,
   safety loops and hand rails does not provide an acceptable
   level of safety for work carried out on the open deck.
2. Personal protective equipment  in the form of clothing or worn
   over clothing must be in bright colours, contrasting with the
   marine environment and clearly visible in the dark.
3.  If personal equipment is used to protect the head or eyes, it
   must be securely attached to the head.
 ---pagebreak---                                - S6 -
                   SECTION 1; FINANCIAL IMPLICATIONS
1. TITLE OF THE ACTION: Proposal for a Council Directive concerning
   the minimum health and safety requirements for work on board
   fishing vessels.
2. BUDGET ITEMS CONCERNED
   B3-4310:     Measures in the field of safety, hygiene and health
                protection at work, including specific measures for the
                completion of the internal market.
   A 2510:      Committees whose consultation is compulsory (Technical
                Adjustments Committee referred to in Article 17 of
                Direct ive 89/391/EEC).
   A 2531:      Advisory Committee on Safety, Hygiene and Health
                Protection at Work.
3. LEGAL BASIS
   Article 118a of the EEC Treaty.
4. DESCRIPTION OF THE ACTION
    4.1. Specific objectives of the action
 ---pagebreak--- 4.1.1.  Objectives of the proposal for a Directive
The aims of the proposal are:
    to promote better health and safety conditions on board fishing
    vessels;
    to deal with the risks which may arise from the free movement
    of workers;
    to encourage the provision on board of suitable emergency
    escape and survival equipment and the use of appropriate
    personal protective equipment for the specific requirements of
    work at sea.
4.1.2.  Characteristics of the proposal for a Directive
         (particularly those with financial   implications)
        4.1.2.1.     The proposal, and in particular   its annexes, is
                     to be adapted and expanded to give further
                     details of certain aspects relating to the use
                     of safety and/or health signs.
        4.1.2.2.     The proposal requires the Member States to
                     forward to the Commission details of the
                     national  legislation to be introduced in
                      implementation of the proposal and reports.on
                     the progress of such   legislation.
        4.1.2.3.     The proposal also provides for a Committee to
                     assist the Commission with additional   work.
 ---pagebreak---                               - sg-
It is the additional activities already scheduled or to be planned
subsequently which have financial implications.
    4.2.    Durât ion
            Unspeci fled.
    4.3.    Target population
            The sea fishing industry.
5.  CLASSIFICATION OF EXPENDITURE
    5.1.    Non-compulsory expenditure.
6.  NATURE OF EXPENDITURE
    6.1.     100% f inance.
7.  FINANCIAL IMPACT
    7.1.     Method of calculation.
    7.1.1.   Additional activities to be carried out after the Directive
             is adopted
     a)      monitoring the application of the Directive in the Member
             States
     b)      revision of the annexes
 ---pagebreak---                              - o-
c)       consultation of experts
d)       operation of the Technical Adjustments  Committee
e)       consultation of the Advisory Committee on Safety, Hygiene
         and Health Protection at Work.
7.1.2.   Types of activities with financial  implications generated
         by point 5.1
These  include:
*   study and/or services contracts to
         compare and evaluate the data received by the Commission;
         study the problems posed by the application of the
         D i rect ive;
         study the problems associated with the annexes and prepare
         amendments to them.
*    expenses for meetings with experts
*    operating costs for the Technical Adjustments   Committee
*    costs of consulting the Advisory Committee on Safety, Hygiene
     and Health Protection at Work.
 ---pagebreak--- 7.1.3.   Calculation of expenditure
Since the number and scale of the additional activities involved
are not known, it is impossible to calculate the exact expenditure
requi red.
Costs are calculated on the basis of a "man/month" unit, which
currently stands at ECU 4 000.
The cost of consulting a government expert has been calculated at
ECU 420, or ECU 545 for a non-government expert (per day). The
costs will be spread over a number of years and will be
progressive.   The figures given in paragraph 7.3 are overall
est imates.
For budget item A 2510 (Technical Adjustments Committee), the
figure covers two meetings of group 3 experts (government experts)
 in 1994, then three meetings per year from 1995.
For item A 2531 (Advisory Committee), the figure covers two
meetings per year of an ad hoc group of 12 members, including four
government experts. The meetings will commence in 1995.
 ---pagebreak--- 7.2.
7.3.    Schedule of commitment appropriations (CA) and payment
        appropriations (PA)
Item B3-4310
The appropriations allocated for this action will be determined
annually on the basis of availability and the appropriations set
aside under the budget procedure for actions covered by this item
The total amount considered necessary for 1993 is ECU 250 000.
From 1994 the appropriations allocated will develop in proportion
to those allocated for all the actions covered by item B3-4310.
Item A 2510
                                CA (ECU)        PA (ECU)
1993
1994                            20 000          20 000
1995                            30 000          30 000
1996                            30 000          30 000
1997                            30 000          30 000
                                110 000          110 000
 ---pagebreak---                     - Cl-
   Item A 2531
                      CA (ECU) PA (ECU)
   1993
   1994
   1995                12 000  12 000
   1996                12 000. 12 000
   1997                12 000  12 000
                       36 000  36 000
8. FRAUD PREVENTION
   Not appi icab le
 ---pagebreak---                 SECTION 2: ADMINISTRATIVE EXPENDITURE
1. STAFF REQUIRED TO WORK EXCLUSIVELY ON THE ACTION
   From 1993, one full-time grade A official, one full-time grade B
   official and one full-time grade C official.
   These staff will either be obtained through internal redeployment,
   or will be provided for in the Commission's resource planning.
2. STAFF COSTS REQUIRED
   Expenditure for the staff requested in paragraph 1 is estimated at
   ECU 240 000 per year from 1993 onwards. This will be covered by
   appropriations under Part A of Section ill of the General Budget.
 ---pagebreak---                                  • 6tf -
                    SECTION 3:  COST-EFFECT ANALYSIS
1. AIMS AND COMPATIBILITY WITH FINANCIAL PLANNING
   1.1.     Specific objective of the proposed action
   Implementation of the proposal for a Directive.
   1.2.      Is the action covered in the D C s financial planning for
             the years in question?
   Yes.
   1.3.      Corresponding general objective in the DG's financial
             planning
   Health and safety at work.
2. JUSTIFICATION OF THE ACTION
   a)   Cost
        The cost is much the same as that of similar actions relating
        to other proposals for Directives. Only the expenditure under
        item B3-4310 (ECU 250 000 in 1993) is slightly higher because
        of the technical nature of the field in question.
 ---pagebreak---                                      _GS -
   b)  Secondary effects
       The proposal for a Directive is intended to reverse the
       traditional approach to safety where vessel safety comes before
       the safety of the crew, unless the vessel is in danger, in
       which case the safety of the emergency equipment is considered;
       now, instead, the safety of the men at work is to be put before
        the safety of the vessel, since the vessel is actually the
       capital of the owner (on which he usually receives a return of
       50-65% of the catch sale).   Measures to improve vessel safety
       could therefore be put in a different category from those
       designed to improve crew safety.
   c)  Multiplicator effects
        There may be multiplicator effects in the Member States along
        the same lines as the secondary effects described above.
3. MONITORING AND EVALUATION OF THE ACTION
   3.1.     Not appiicab le.
   3.2.     Not appiicab le.
   3.3.     Not appiicable.
 ---pagebreak---                             , Ce -
                         IMPACT ASSESSMENT FORM
                   THE IMPACT OF THE PROPOSAL ON SMEs
                            ****************
Ti»le of proposal:
Proposal for a Council Directive concerning the minimum health and
safety requirements for work on board fishing vessels.
Reference No: 349.1
The proposal
1)  Justification of the proposal with regard to the principle of
    subsidiarity - Main objectives
    a)  Existing national  legislation on health and safety on board
        fishing vessels has all been transposed from a small number of
        conventions or other instruments drawn up by international
        organizations. An analysis of the national  legislations of the
        different Member States   shows that there are fairly major
        discrepancies. In addition, most of the legislation makes
         little or no provision for occupational safety on board,
        concentrating instead on vessel safety, safe navigation and
        emergency escape equipment. Accident statistics for the
        Community show that half of all fatal accidents in the fishing
         industry are occupational accidents.
     b)  Now that workers have freedom of movement, they must be
         guaranteed equal protection on vessels from different
         countries. Yet much of the legislation in a number of Member
         States does not cover small vessels.
 ---pagebreak---     c)  Accident statistics show that, of all the major industries, sea
        fishing is the most dangerous, with on average ten times more
        fatal accidents than other high-risk sectors such as mining,
        construction and agriculture.  The statistics also show that
        there is a higher incidence of accidents on small vessels.
Impact on business
2)  Firms affected
    a)  All firms operating fishing vessels overl2m   long (in practice
        all vessels operated by more than one person) will be affected.
    b)  Sizes of business:
        see Annex 1.
        Almost all fishing firms can be classified as SMEs.
    c)  Geographical distribution:
        The whole of the Community's coastline, but more especially the
        Atlantic coast of the Iberian peninsula, Brittany and the
        English Channel, North Sea and Adriatic coasts.
3)  Requirements for firms
    New vessels must comply with all, and older vessels with some, of
    the minimum requirements; older vessels undergoing subsequent
    alterations must comply with the minimum requirements applicable to
    new vessels. These requirements relaie to factors such as solidity
    and stability, electrical  installations, ventilation, emergency
    escape routes, workstation design, etc.
 ---pagebreak---      The Directive also requires detailed reports to be forwarded to the
     maritime authorities on any occurrences at sea which affect the
     health and safety of the fishermen; owners must fulfil certain
     requirements relating to technical maintenance and cleaning;
     fishermen must be consulted about and given information and
     suitable training on health and safety on board vessels, and any
     person likely to command a vessel must be given detailed training
     on health and safety conditions.
4)   What economic effects is the proposal  likely to have?
On employment
The Directive will not come into force until 1 January 1995, and it is
difficult to anticipate the impact it may have on employment at that
time. Since 1983 the European Community has pursued a policy of
voluntarily reducing fishing capacity in line with the resources
available (catch quotas for different countries and fishing zones), and
this will be reflected over the next few years in the disappearance of
a considerable proportion of the fishing fleet.
Multiannua I guidance programmes (MGPs)
First MGP 1987-1991
Ob ject ive: Overall reduction of 3% in gross register tonnage (GRT) and
             2% in engine capacity (KW)
 ---pagebreak---                                  tf9-
Second MGP 1992-1996
The objectives will not be defined in detail until the end of 1991, but
they will probably include a minimum reduction of 10% in engine
capacity by the end of 1996, especially as not all the reductions
scheduled under the first programme have been implemented in practice.
Whatever the case may be, the Directive will have considerably less
effect on employment than the policy of reducing capacity, particularly
since the first vessels to go will be the oldest and therefore those
which are furthest from complying with the safety requirements laid
down in the Directive.
The Directive itself would affect employment only if it proved
necessary to take other vessels out of service because they could not
be adapted. This is considered highly unlikely.
On investment and competitiveness
Figures supplied by representatives of the Member States indicate that
the extra cost involved could be 3-5% of the value of a new vessel, but
up to 15% of the market value of older vessels.   Soundproofing will
account for most of the extra cost for new vessels.
However, the extra expenditure required will be largely offset by lower
operating costs resulting from improved safety on board. The few
 fishing firms which have tried to improve safety on board over the last
 few years have found that their position has improved against their
 immediate competitors.
 ---pagebreak---                                -•sfo —
A further consideration is that the direct and indirect cost of
maritime accidents is very high. In the United Kingdom the cost of
locating and rescuing fishing vessels at sea alone is the equivalent of
2% of the catch value.
To make it easier to adapt fishing vessels which have already been
commissioned, there is a transition period of three years from the date
on which the provisions of the Directive enter into force for new
vessels.
5)   The proposal does not contain any specific provisions on SMEs since
     these make up most of the sector.
Consultât ion
6)   List of organizations consulted
     a)  Joint Committee on Social Problems in Sea Fishing.
         Generally favourable reaction, with certain reservations on the
         part of the owners. The Committee's observations were taken
         into account in drafting the proposal.
     b)  Advisory Committee on Safety, Hygiene and Health Protection at
         Work (tripartite: government representatives, employers and
         workers): generally favourable opinion. The Committee's
         observations were taken into account in drafting the proposal.
 In both cases reservations were expressed about the fact that the
proposal does not cover self-employed workers, which legal grounds
 relating to Article 118a and the framework Directive had ruled out.
Some owners would have preferred the Directive to cover vessels over
 13.5 m or 15 m only.
 ---pagebreak--- DISTRIBUTION OF FLEETS BY VESSEL SIZE            1986
           COUNTRY         FRG         FRANCE  ITALY  NETHERLANDS BELGIUM DENMARK SPAIN
 SIZE in metres
   9 - 11.9 m              107         2676   3251         30         2       652    16
  12 - 17.9 m              328         1242   2996        126        29      1006  1487
  18 - 23.9 m               84          520   1448        165        63       389  1117
  24 - 29.9 m               83          125     560       173        59       110   566
  30 - 35.9 m               25           72     140       187        46       140   279
  36 - 41.9 m                2           17      14       146         8        68    96       1
  42 m and +                17           90      64        37         0        23   170
 Total concerned           646         4742   8473        869       207      2388  3731 21056
                        I                                                                0.33
 0 - 8.9 m                 281         9227   17661        55         0       482     0
 Length unknown              2           10     1083      135         0       384 11552
 Overall total             929        13979   27217      1059       207      3254 15283 63967
Source:  EUROSTAT. FISH series, May 1991
 ---pagebreak--- PERCENTAGE DISTRIBUTION OF FLEETS BY VESSEL SIZE      1986
                 COUNTRY        FRG            FRANCE      ITALY  NETHERLANDS  BELGIUM  DENMARK  SPAIN
 SIZE in metres
  9 - 11.9 m                    11.52%         19.14%      11.94%    2.83%      0.97%   20.04%    0.10%
 12 - 17.9 m                    35.31%          8.88%      11.01%   11.90%     14.01%   30.92%    9.73%
 18 - 23.9 m                     9.04%          3.72%       5.32%   15.58%     30.43%   11.95%    7.31%
 24 - 29.9 m                     8.93%          0.89%       2.06%   16.81%     28.50%    3.38%    3.70%
 30 - 35.9 m                     2.69%          0.52%       0.51%   17.66%     22.22%    4.30%    1.83%
                                                                                                        \
 36 - 41.9 m                     0.22%          0.12%       0.05%   13.79%      3.86%    2.09%    0.63%
 42 m and +                      1.83%          0.64%       0.24%    3.49%      0.00%    0.71%    1.11%
 Total % concerned              69.54%         33.92%     31.13%    82.06%    100.00%   73.39%   24.41%
 0 - 8.9 m                      30.25%         66.01%     64.89%     5.19%      0.00%   14.81%    0.00%
 Length unknown                  0.22%          0.07%       3.98%   12.75%      0.00%   11.80%   75.59%
 Overall total                 100.00%        100.00%    100.00%   100.00%    100.00%  100.00%  100.00%
Source: EUROSTAT, FISH series, May 1991
 ---pagebreak---                                                             FIGURES FOR THE EC FISHING INDUSTRY
  COUNTRY                                 CATCH LANDED                      FLEET                      SEAMEN                Ratios per seaman
                                   of which             of which          of which                        of which   Catch
                        Tonnes      factory     ECU     factory    Units         GRT           Number     full-t ime va Iue           GRT
                                   ships      mi 11 ion ships                                                        (ECU 1000)
  DENMARK               1868000    1470000        452               6605        123600            7317                 61774         16.89
  IRELAND                213000       13000        96                1600        41000            7000       3100      13714          5.86
  FRG                    169000       37000       119                 719        60000            3091       1898      38499         19.41
  UNITED KINGDOM         664000                   578               8293        168439           22217      16976      26016          7.58
  FRANCE                 834000       63000     1211               19227        205016           19000                 63737         10.79
  PORTUGAL               331000        9000       312               8816        188064           40996                  7610          4.59
  SPAIN                 1000000                 1500               14418        421401           93500                 16043          4.51
  NETHERLANDS            450000                   350               1076        171626            4000                 87500         42.91
  BELGIUM                 30000        1000        70                 205        25445            1271       1271      55075         20.02
  GREECE                 147000                  429               15600        181109           40164      28114      10681          4.51
  ITALY                  365000                 1254               25977        283624           54450                 23030          5.21
                                                                                                                                               I
  EC                    6071000                 6371              102608       1869324          293006                 21744          6.38
Source: EC - DATA ROOM DG XIV. June 1991
 1989 except where stated (cf. below for corresponding columns)
DENMARK                                                                                           1988
IRELAND                  1988        1988      1988                 1986         1986             1986        1986
FRG                                                                                               1987
UNITED KINGDOM
FRANCE                   1988        1988      1988                 1986         1986             1987
PORTUGAL                                       1986
SPAIN                    1986                  1986                 1986         1986             1986
NETHERLANDS              1986                  1986                 1988         1988
GREECE                                                              1986         1986
ITALY                                                               1988         1988             1988
 ---pagebreak---  ---pagebreak---                                                                     ISSN 0254-1475
                                                              COM (91)466 final
                                                     DOCUMENTS
EN                                                                         04 03
                                Catalogue number : CB-CO-91-512-EN-C
                                                             ISBN 92-77-77546-7
Office for Official Publications of the European Communities
Lr2985 Luxembourg