Article 9 
Link between this Directive and other Community and national provisions 1. This Directive shall be without prejudice to the specific information and consultation procedures set out in Article 2 of Directive 98/59/EC and Article 7 of Directive 2001/23/EC. 2. This Directive shall be without prejudice to provisions adopted in accordance with Directives 94/45/EC and 97/74/EC. 3. This Directive shall be without prejudice to other rights to information, consultation and participation under national law. 4. Implementation of this Directive shall not be sufficient grounds for any regression in relation to the situation which already prevails in each Member State and in relation to the general level of protection of workers in the areas to which it applies. Article 10 Transitional provisions Notwithstanding Article 3, a Member State in which there is, at the date of entry into force of this Directive, no general, permanent and statutory system of information and consultation of employees, nor a general, permanent and statutory system of employee representation at the workplace allowing employees to be represented for that purpose, may limit the application of the national provisions implementing this Directive to: (a) undertakings employing at least 150 employees or establishments employing at least 100 employees until 23 March 2007, and (b) undertakings employing at least 100 employees or establishments employing at least 50 employees during the year following the date in point (a). Article 11 Transposition 1. Member States shall adopt the laws, regulations and administrative provisions necessary to comply with this Directive not later than 23 March 2005 or shall ensure that management and labour introduce by that date the required provisions by way of agreement, the Member States being obliged to take all necessary steps enabling them to guarantee the results imposed by this Directive at all times. They shall forthwith inform the Commission thereof. 2. Where Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such reference shall be laid down by the Member States. Article 12 Review by the Commission Not later than 23 March 2007, the Commission shall, in consultation with the Member States and the social partners at Community level, review the application of this Directive with a view to proposing any necessary amendments. Article 13 Entry into force This Directive shall enter into force on the day of its publication in the Official Journal of the European Communities. Article 14 Addresses This Directive is addressed to the Member States. Done at Brussels, 11 March 2002. For the European Parliament The President P. Cox For the Council J. Piqué i Camps (1) OJ C 2, 5.1.1999, p. 3. (2) OJ C 258, 10.9.1999, p. 24. (3) OJ C 144, 16.5.2001, p. 58. (4) Opinion of the European Parliament of 14 April 1999 (OJ C 219, 30.7.1999, p. 223), confirmed on 16 September 1999 (OJ C 54, 25.2.2000, p. 55), Council Common Position of 27 July 2001 (OJ C 307, 31.10.2001, p. 16) and Decision of the European Parliament of 23 October 2001 (not yet published in the Official Journal). Decision of the European Parliament of 5 February 2002 and Decision of the Council of 18 February 2002. (5) OJ L 225, 12.8.1998, p. 16. (6) OJ L 82, 22.3.2001, p. 16. (7) OJ L 254, 30.9.1994, p. 64. Directive as amended by Directive 97/74/EC (OJ L 10, 16.1.1998, p. 22). Joint declaration of the European Parliament, the Council and the Commission on employee representation "With regard to employee representation, the European Parliament, the Council and the Commission recall the judgements of the European Court of Justice of 8 June 1994 in Cases C-382/92 (Safeguarding of employees rights in the event of transfers of undertakings) and C-383/92 (Collective redundancies)." This site is managed by the Publications Office of the European Union Need help? 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Amendment rationale: 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

|52013PC0798Proposal 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 MEMORANDUM1.           CONTEXT OF THE PROPOSALThe EU labour law directives are generally\r applicable to all sectors of activity and all categories of workers.\r Nevertheless, seafarers are excluded or can be excluded from the scope of six directives,\r without any express justification. The directives concerned are the following:•        Directive 2008/94/EC[1] relating to the protection of\r employees in the event of the insolvency of their employer (hereafter referred\r to as ‘the Employer Insolvency Directive’);•        Directive 2009/38/EC[2] on the establishment of\r European Works Council (hereafter referred to as the ‘European Works Council\r Directive’);•        Directive 2002/14/EC[3] establishing a general\r framework for informing and consulting employees (hereafter referred to as the ‘Information\r and Consultation Directive’);•        Directive 98/59/EC[4] on the approximation of the\r laws of the Member States relating to collective redundancies (hereafter\r referred to as the ‘Collective Redundancies Directive’);•        Directive 2001/23/EC[5] relating to the safeguarding of\r employees’ rights in the event of transfers of undertakings (hereafter referred\r to as the ‘Transfer of Undertakings Directive’);•        Directive 96/71/EC[6] concerning the posting of\r workers in the framework of the provision of services (hereafter referred to as\r the ‘Posting of Workers Directive’).Depending on the situation at national level,\r exclusions could have a negative impact on a number of rights recognised under\r the Charter of Fundamental Rights of the European Union, in particular the\r right to information and consultation within the undertaking (Article 27), and\r the right to fair and just working conditions (Article 31).Most of the Member States have made little or\r no use of the exclusions. Eight Member States[7]\r have not excluded seafarers from any of the Directives and eight Member States\r have made use of only one exclusion. This situation gives rise to a potential\r situation whereby the same categories of workers are treated differently in the\r different Member States.Furthermore, as underlined by the Commission\r previously, the number of EU national seafarers is steadily decreasing and this\r could be problematic for the future, notably because experience off-shore is\r essential for certain shore-based jobs. Although this could be the consequence\r of different factors, the lack of interest in maritime careers may be\r reinforced by the impression that seafarers are less well protected than other\r employees[8].Hence, the current situation does not ensure a\r level playing field in the European market, since certain companies are\r exempted from certain obligations, notably in terms of information and\r consultation, which are mandatory for competing companies based in other Member\r States.As a consequence, the aim of the proposal is to\r improve the level of protection of the rights protected under the EU Charter of\r Fundamental Rights in EU labour law and to ensure a level playing field at EU\r level. Furthermore, it contributes to general policy objectives which are\r enshrined in Article 151 TFEU, namely the promotion of employment, improved\r living and working conditions, proper social protection and dialogue between\r management and labour.1.1.        Consistency with other EU\r policies and horizontal objectivesThis initiative aims at assessing the scope and\r reasons for the exclusion or faculty to exclude seafarers from labour law directives.\r The Commission is committed to ensuring the compatibility of any new\r legislative proposal with the EU Charter of Fundamental Rights and to assess\r the impact of all such proposals on the rights and principles protected under\r the Charter. In the case at stake, suppressing the exclusions would have a\r positive impact on the rights protected under Articles 27 and 31 of the\r Charter.It is also fully in line with the Integrated\r Maritime Policy for the European Union established in 2007 through the\r so-called ‘Blue Book’[9].\r In the ‘Blue Book’ the Commission insisted on its aim ‘to increase the number\r and quality of maritime jobs for European citizens’, stressing in\r particular that:‘Improved staffing policies and working\r conditions (including health and safety), supported by a concerted effort by\r all maritime stakeholders and an efficient regulatory framework taking into\r account its global context, are necessary if Europeans are to be attracted to\r the sector.’The Commission stated that in order to meet the\r objective it would ‘reassess, in close cooperation with social partners, the\r exclusions affecting maritime sectors in EU labour legislation’.The Commission reaffirmed its objective to\r increase the number and quality of jobs in the maritime sector in its\r Communication on ‘Blue Growth’[10]\r which was endorsed by the European Ministers responsible for the Integrated\r Maritime Policy in the Limassol Declaration [11].This proposal is also in line with the EU 2020\r Strategy and its goals, notably in terms of employment. Improving the quality\r of work and working conditions, and in particular reviewing the existing\r legislation and providing for a smarter EU legal framework for employment and health\r and safety at work, constitute key actions within the context of ‘An Agenda for\r new skills and jobs: A European contribution towards full employment’
Revised version (Article 9 Link between this Directive and other Community and national provisions):
1. This Directive shall be without prejudice to the specific information and consultation procedures set out in Article 2 of Directive 98/59/EC and Article 7 of Directive 2001/23/EC. 2. This Directive shall be without prejudice to provisions adopted in accordance with Directives 94/45/EC and 97/74/EC. 3. This Directive shall be without prejudice to other rights to information, consultation and participation under national law. 4. Implementation of this Directive shall not be sufficient grounds for any regression in relation to the situation which already prevails in each Member State and in relation to the general level of protection of workers in the areas to which it applies.
Article 10 
Transitional provisions Notwithstanding Article 3, a Member State in which there is, at the date of entry into force of this Directive, no general, permanent and statutory system of information and consultation of employees, nor a general, permanent and statutory system of employee representation at the workplace allowing employees to be represented for that purpose, may limit the application of the national provisions implementing this Directive to: (a) undertakings employing at least 150 employees or establishments employing at least 100 employees until 23 March 2007, and (b) undertakings employing at least 100 employees or establishments employing at least 50 employees during the year following the date in point (a). Article 11 Transposition 1. Member States shall adopt the laws, regulations and administrative provisions necessary to comply with this Directive not later than 23 March 2005 or shall ensure that management and labour introduce by that date the required provisions by way of agreement, the Member States being obliged to take all necessary steps enabling them to guarantee the results imposed by this Directive at all times. They shall forthwith inform the Commission thereof. 2. Where Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such reference shall be laid down by the Member States. Article 12 Review by the Commission Not later than 23 March 2007, the Commission shall, in consultation with the Member States and the social partners at Community level, review the application of this Directive with a view to proposing any necessary amendments. Article 13 Entry into force This Directive shall enter into force on the day of its publication in the Official Journal of the European Communities. Article 14 Addresses This Directive is addressed to the Member States. Done at Brussels, 11 March 2002. For the European Parliament The President P. Cox For the Council J. Piqué i Camps (1) OJ C 2, 5.1.1999, p. 3. (2) OJ C 258, 10.9.1999, p. 24. (3) OJ C 144, 16.5.2001, p. 58. (4) Opinion of the European Parliament of 14 April 1999 (OJ C 219, 30.7.1999, p. 223), confirmed on 16 September 1999 (OJ C 54, 25.2.2000, p. 55), Council Common Position of 27 July 2001 (OJ C 307, 31.10.2001, p. 16) and Decision of the European Parliament of 23 October 2001 (not yet published in the Official Journal). Decision of the European Parliament of 5 February 2002 and Decision of the Council of 18 February 2002. (5) OJ L 225, 12.8.1998, p. 16. (6) OJ L 82, 22.3.2001, p. 16. (7) OJ L 254, 30.9.1994, p. 64. Directive as amended by Directive 97/74/EC (OJ L 10, 16.1.1998, p. 22). Joint declaration of the European Parliament, the Council and the Commission on employee representation "With regard to employee representation, the European Parliament, the Council and the Commission recall the judgements of the European Court of Justice of 8 June 1994 in Cases C-382/92 (Safeguarding of employees rights in the event of transfers of undertakings) and C-383/92 (Collective redundancies)." This site is managed by the Publications Office of the European Union Need help? Help pages Contact Sitemap Follow us X Legal Legal notice Cookies policy Accessibility Privacy statement Information About EUR-Lex Newsletter Useful links Other services European Data EU tenders EU research results EU Whoiswho EU publications N-Lex EU Law in Force EU Law Tracker Discover more on europa.eu Contact the EU Call us 00 800 6 7 8 9 10 11 Use other telephone options Write to us via our contact form Meet us at one of the EU centres Social media Search for EU social media channels Legal Languages on our websites Privacy policy Legal notice Cookies EU institutions European Parliament European Council Council of the European Union European Commission Court of Justice of the European Union (CJEU) European Central Bank (ECB) European Court of Auditors European External Action Service (EEAS) European Economic and Social Committee European Committee of Regions (CoR) European Investment Bank European Ombudsman European Data Protection Supervisor (EDPS) European Data Protection Board European Personnel Selection Office Publications Office of the European Union Agencies Switch to mobile Switch to desktop This site is managed by the Publications Office of the European Union Need help? Help pages Contact Sitemap Follow us X Legal Legal notice Cookies policy Accessibility Privacy statement Information About EUR-Lex Newsletter Useful links Other services European Data EU tenders EU research results EU Whoiswho EU publications N-Lex EU Law in Force EU Law Tracker This site is managed by the Publications Office of the European Union Need help? Help pages Contact Sitemap Follow us X Legal Legal notice Cookies policy Accessibility Privacy statement Need help? Help pages Contact Sitemap Help pages Contact Sitemap Help pages Contact Sitemap Follow us X Legal Legal notice Cookies policy Accessibility Privacy statement Legal notice Cookies policy Accessibility Privacy statement Legal notice Cookies policy Accessibility Privacy statement Information About EUR-Lex Newsletter Useful links Other services European Data EU tenders EU research results EU Whoiswho EU publications N-Lex EU Law in Force EU Law Tracker Information About EUR-Lex Newsletter Useful links About EUR-Lex Newsletter Useful links About EUR-Lex Newsletter Useful links Other services European Data EU tenders EU research results EU Whoiswho EU publications European Data EU tenders EU research results EU Whoiswho EU publications European Data EU tenders EU research results EU Whoiswho EU publications N-Lex EU Law in Force EU Law Tracker N-Lex EU Law in Force EU Law Tracker Discover more on europa.eu Contact the EU Call us 00 800 6 7 8 9 10 11 Use other telephone options Write to us via our contact form Meet us at one of the EU centres Social media Search for EU social media channels Legal Languages on our websites Privacy policy Legal notice Cookies EU institutions European Parliament European Council Council of the European Union European Commission Court of Justice of the European Union (CJEU) European Central Bank (ECB) European Court of Auditors European External Action Service (EEAS) European Economic and Social Committee European Committee of Regions (CoR) European Investment Bank European Ombudsman European Data Protection Supervisor (EDPS) European Data Protection Board European Personnel Selection Office Publications Office of the European Union Agencies Discover more on europa.eu Contact the EU Call us 00 800 6 7 8 9 10 11 Use other telephone options Write to us via our contact form Meet us at one of the EU centres Social media Search for EU social media channels Legal Languages on our websites Privacy policy Legal notice Cookies Contact the EU Call us 00 800 6 7 8 9 10 11 Use other telephone options Write to us via our contact form Meet us at one of the EU centres Call us 00 800 6 7 8 9 10 11 Use other telephone options Write to us via our contact form Meet us at one of the EU centres Call us 00 800 6 7 8 9 10 11 Use other telephone options Write to us via our contact form Meet us at one of the EU centres Social media Search for EU social media channels Search for EU social media channels Legal Languages on our websites Privacy policy Legal notice Cookies Languages on our websites Privacy policy Legal notice Cookies Languages on our websites Privacy policy Legal notice Cookies EU institutions European Parliament European Council Council of the European Union European Commission Court of Justice of the European Union (CJEU) European Central Bank (ECB) European Court of Auditors European External Action Service (EEAS) European Economic and Social Committee European Committee of Regions (CoR) European Investment Bank European Ombudsman European Data Protection Supervisor (EDPS) European Data Protection Board European Personnel Selection Office Publications Office of the European Union Agencies European Parliament European Council Council of the European Union European Commission Court of Justice of the European Union (CJEU) European Central Bank (ECB) European Court of Auditors European External Action Service (EEAS) European Economic and Social Committee European Committee of Regions (CoR) European Investment Bank European Ombudsman European Data Protection Supervisor (EDPS) European Data Protection Board European Personnel Selection Office Publications Office of the European Union Agencies European Parliament European Council Council of the European Union European Commission Court of Justice of the European Union (CJEU) European Central Bank (ECB) European Court of Auditors European External Action Service (EEAS) European Economic and Social Committee European Committee of Regions (CoR) European Investment Bank European Ombudsman European Data Protection Supervisor (EDPS) European Data Protection Board European Personnel Selection Office Publications Office of the European Union Agencies Switch to mobile Switch to desktop Switch to mobile Switch to desktop
Amendment rationale: 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

|52013PC0798Proposal 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 MEMORANDUM1.           CONTEXT OF THE PROPOSALThe EU labour law directives are generally\r applicable to all sectors of activity and all categories of workers.\r Nevertheless, seafarers are excluded or can be excluded from the scope of six directives,\r without any express justification. The directives concerned are the following:•        Directive 2008/94/EC[1] relating to the protection of\r employees in the event of the insolvency of their employer (hereafter referred\r to as ‘the Employer Insolvency Directive’);•        Directive 2009/38/EC[2] on the establishment of\r European Works Council (hereafter referred to as the ‘European Works Council\r Directive’);•        Directive 2002/14/EC[3] establishing a general\r framework for informing and consulting employees (hereafter referred to as the ‘Information\r and Consultation Directive’);•        Directive 98/59/EC[4] on the approximation of the\r laws of the Member States relating to collective redundancies (hereafter\r referred to as the ‘Collective Redundancies Directive’);•        Directive 2001/23/EC[5] relating to the safeguarding of\r employees’ rights in the event of transfers of undertakings (hereafter referred\r to as the ‘Transfer of Undertakings Directive’);•        Directive 96/71/EC[6] concerning the posting of\r workers in the framework of the provision of services (hereafter referred to as\r the ‘Posting of Workers Directive’).Depending on the situation at national level,\r exclusions could have a negative impact on a number of rights recognised under\r the Charter of Fundamental Rights of the European Union, in particular the\r right to information and consultation within the undertaking (Article 27), and\r the right to fair and just working conditions (Article 31).Most of the Member States have made little or\r no use of the exclusions. Eight Member States[7]\r have not excluded seafarers from any of the Directives and eight Member States\r have made use of only one exclusion. This situation gives rise to a potential\r situation whereby the same categories of workers are treated differently in the\r different Member States.Furthermore, as underlined by the Commission\r previously, the number of EU national seafarers is steadily decreasing and this\r could be problematic for the future, notably because experience off-shore is\r essential for certain shore-based jobs. Although this could be the consequence\r of different factors, the lack of interest in maritime careers may be\r reinforced by the impression that seafarers are less well protected than other\r employees[8].Hence, the current situation does not ensure a\r level playing field in the European market, since certain companies are\r exempted from certain obligations, notably in terms of information and\r consultation, which are mandatory for competing companies based in other Member\r States.As a consequence, the aim of the proposal is to\r improve the level of protection of the rights protected under the EU Charter of\r Fundamental Rights in EU labour law and to ensure a level playing field at EU\r level. Furthermore, it contributes to general policy objectives which are\r enshrined in Article 151 TFEU, namely the promotion of employment, improved\r living and working conditions, proper social protection and dialogue between\r management and labour.1.1.        Consistency with other EU\r policies and horizontal objectivesThis initiative aims at assessing the scope and\r reasons for the exclusion or faculty to exclude seafarers from labour law directives.\r The Commission is committed to ensuring the compatibility of any new\r legislative proposal with the EU Charter of Fundamental Rights and to assess\r the impact of all such proposals on the rights and principles protected under\r the Charter. In the case at stake, suppressing the exclusions would have a\r positive impact on the rights protected under Articles 27 and 31 of the\r Charter.It is also fully in line with the Integrated\r Maritime Policy for the European Union established in 2007 through the\r so-called ‘Blue Book’[9].\r In the ‘Blue Book’ the Commission insisted on its aim ‘to increase the number\r and quality of maritime jobs for European citizens’, stressing in\r particular that:‘Improved staffing policies and working\r conditions (including health and safety), supported by a concerted effort by\r all maritime stakeholders and an efficient regulatory framework taking into\r account its global context, are necessary if Europeans are to be attracted to\r the sector.’The Commission stated that in order to meet the\r objective it would ‘reassess, in close cooperation with social partners, the\r exclusions affecting maritime sectors in EU labour legislation’.The Commission reaffirmed its objective to\r increase the number and quality of jobs in the maritime sector in its\r Communication on ‘Blue Growth’[10]\r which was endorsed by the European Ministers responsible for the Integrated\r Maritime Policy in the Limassol Declaration [11].This proposal is also in line with the EU 2020\r Strategy and its goals, notably in terms of employment. Improving the quality\r of work and working conditions, and in particular reviewing the existing\r legislation and providing for a smarter EU legal framework for employment and health\r and safety at work, constitute key actions within the context of ‘An Agenda for\r new skills and jobs: A European contribution towards full employment’
Revised version (Article 10 Transitional provisions):
Notwithstanding Article 3, a Member State in which there is, at the date of entry into force of this Directive, no general, permanent and statutory system of information and consultation of employees, nor a general, permanent and statutory system of employee representation at the workplace allowing employees to be represented for that purpose, may limit the application of the national provisions implementing this Directive to: (a) undertakings employing at least 150 employees or establishments employing at least 100 employees until 23 March 2007, and (b) undertakings employing at least 100 employees or establishments employing at least 50 employees during the year following the date in point (a).
Article 11 
Transposition 1. Member States shall adopt the laws, regulations and administrative provisions necessary to comply with this Directive not later than 23 March 2005 or shall ensure that management and labour introduce by that date the required provisions by way of agreement, the Member States being obliged to take all necessary steps enabling them to guarantee the results imposed by this Directive at all times. They shall forthwith inform the Commission thereof. 2. Where Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such reference shall be laid down by the Member States. Article 12 Review by the Commission Not later than 23 March 2007, the Commission shall, in consultation with the Member States and the social partners at Community level, review the application of this Directive with a view to proposing any necessary amendments. Article 13 Entry into force This Directive shall enter into force on the day of its publication in the Official Journal of the European Communities. Article 14 Addresses This Directive is addressed to the Member States. Done at Brussels, 11 March 2002. For the European Parliament The President P. Cox For the Council J. Piqué i Camps (1) OJ C 2, 5.1.1999, p. 3. (2) OJ C 258, 10.9.1999, p. 24. (3) OJ C 144, 16.5.2001, p. 58. (4) Opinion of the European Parliament of 14 April 1999 (OJ C 219, 30.7.1999, p. 223), confirmed on 16 September 1999 (OJ C 54, 25.2.2000, p. 55), Council Common Position of 27 July 2001 (OJ C 307, 31.10.2001, p. 16) and Decision of the European Parliament of 23 October 2001 (not yet published in the Official Journal). Decision of the European Parliament of 5 February 2002 and Decision of the Council of 18 February 2002. (5) OJ L 225, 12.8.1998, p. 16. (6) OJ L 82, 22.3.2001, p. 16. (7) OJ L 254, 30.9.1994, p. 64. Directive as amended by Directive 97/74/EC (OJ L 10, 16.1.1998, p. 22). Joint declaration of the European Parliament, the Council and the Commission on employee representation "With regard to employee representation, the European Parliament, the Council and the Commission recall the judgements of the European Court of Justice of 8 June 1994 in Cases C-382/92 (Safeguarding of employees rights in the event of transfers of undertakings) and C-383/92 (Collective redundancies)." This site is managed by the Publications Office of the European Union Need help? 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Amendment rationale: 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

|52013PC0798Proposal 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 MEMORANDUM1.           CONTEXT OF THE PROPOSALThe EU labour law directives are generally\r applicable to all sectors of activity and all categories of workers.\r Nevertheless, seafarers are excluded or can be excluded from the scope of six directives,\r without any express justification. The directives concerned are the following:•        Directive 2008/94/EC[1] relating to the protection of\r employees in the event of the insolvency of their employer (hereafter referred\r to as ‘the Employer Insolvency Directive’);•        Directive 2009/38/EC[2] on the establishment of\r European Works Council (hereafter referred to as the ‘European Works Council\r Directive’);•        Directive 2002/14/EC[3] establishing a general\r framework for informing and consulting employees (hereafter referred to as the ‘Information\r and Consultation Directive’);•        Directive 98/59/EC[4] on the approximation of the\r laws of the Member States relating to collective redundancies (hereafter\r referred to as the ‘Collective Redundancies Directive’);•        Directive 2001/23/EC[5] relating to the safeguarding of\r employees’ rights in the event of transfers of undertakings (hereafter referred\r to as the ‘Transfer of Undertakings Directive’);•        Directive 96/71/EC[6] concerning the posting of\r workers in the framework of the provision of services (hereafter referred to as\r the ‘Posting of Workers Directive’).Depending on the situation at national level,\r exclusions could have a negative impact on a number of rights recognised under\r the Charter of Fundamental Rights of the European Union, in particular the\r right to information and consultation within the undertaking (Article 27), and\r the right to fair and just working conditions (Article 31).Most of the Member States have made little or\r no use of the exclusions. Eight Member States[7]\r have not excluded seafarers from any of the Directives and eight Member States\r have made use of only one exclusion. This situation gives rise to a potential\r situation whereby the same categories of workers are treated differently in the\r different Member States.Furthermore, as underlined by the Commission\r previously, the number of EU national seafarers is steadily decreasing and this\r could be problematic for the future, notably because experience off-shore is\r essential for certain shore-based jobs. Although this could be the consequence\r of different factors, the lack of interest in maritime careers may be\r reinforced by the impression that seafarers are less well protected than other\r employees[8].Hence, the current situation does not ensure a\r level playing field in the European market, since certain companies are\r exempted from certain obligations, notably in terms of information and\r consultation, which are mandatory for competing companies based in other Member\r States.As a consequence, the aim of the proposal is to\r improve the level of protection of the rights protected under the EU Charter of\r Fundamental Rights in EU labour law and to ensure a level playing field at EU\r level. Furthermore, it contributes to general policy objectives which are\r enshrined in Article 151 TFEU, namely the promotion of employment, improved\r living and working conditions, proper social protection and dialogue between\r management and labour.1.1.        Consistency with other EU\r policies and horizontal objectivesThis initiative aims at assessing the scope and\r reasons for the exclusion or faculty to exclude seafarers from labour law directives.\r The Commission is committed to ensuring the compatibility of any new\r legislative proposal with the EU Charter of Fundamental Rights and to assess\r the impact of all such proposals on the rights and principles protected under\r the Charter. In the case at stake, suppressing the exclusions would have a\r positive impact on the rights protected under Articles 27 and 31 of the\r Charter.It is also fully in line with the Integrated\r Maritime Policy for the European Union established in 2007 through the\r so-called ‘Blue Book’[9].\r In the ‘Blue Book’ the Commission insisted on its aim ‘to increase the number\r and quality of maritime jobs for European citizens’, stressing in\r particular that:‘Improved staffing policies and working\r conditions (including health and safety), supported by a concerted effort by\r all maritime stakeholders and an efficient regulatory framework taking into\r account its global context, are necessary if Europeans are to be attracted to\r the sector.’The Commission stated that in order to meet the\r objective it would ‘reassess, in close cooperation with social partners, the\r exclusions affecting maritime sectors in EU labour legislation’.The Commission reaffirmed its objective to\r increase the number and quality of jobs in the maritime sector in its\r Communication on ‘Blue Growth’[10]\r which was endorsed by the European Ministers responsible for the Integrated\r Maritime Policy in the Limassol Declaration [11].This proposal is also in line with the EU 2020\r Strategy and its goals, notably in terms of employment. Improving the quality\r of work and working conditions, and in particular reviewing the existing\r legislation and providing for a smarter EU legal framework for employment and health\r and safety at work, constitute key actions within the context of ‘An Agenda for\r new skills and jobs: A European contribution towards full employment’
Revised version (Article 11 Transposition):
1. Member States shall adopt the laws, regulations and administrative provisions necessary to comply with this Directive not later than 23 March 2005 or shall ensure that management and labour introduce by that date the required provisions by way of agreement, the Member States being obliged to take all necessary steps enabling them to guarantee the results imposed by this Directive at all times. They shall forthwith inform the Commission thereof. 2. Where Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such reference shall be laid down by the Member States.
Article 12 
Review by the Commission Not later than 23 March 2007, the Commission shall, in consultation with the Member States and the social partners at Community level, review the application of this Directive with a view to proposing any necessary amendments. Article 13 Entry into force This Directive shall enter into force on the day of its publication in the Official Journal of the European Communities. Article 14 Addresses This Directive is addressed to the Member States. Done at Brussels, 11 March 2002. For the European Parliament The President P. Cox For the Council J. Piqué i Camps (1) OJ C 2, 5.1.1999, p. 3. (2) OJ C 258, 10.9.1999, p. 24. (3) OJ C 144, 16.5.2001, p. 58. (4) Opinion of the European Parliament of 14 April 1999 (OJ C 219, 30.7.1999, p. 223), confirmed on 16 September 1999 (OJ C 54, 25.2.2000, p. 55), Council Common Position of 27 July 2001 (OJ C 307, 31.10.2001, p. 16) and Decision of the European Parliament of 23 October 2001 (not yet published in the Official Journal). Decision of the European Parliament of 5 February 2002 and Decision of the Council of 18 February 2002. (5) OJ L 225, 12.8.1998, p. 16. (6) OJ L 82, 22.3.2001, p. 16. (7) OJ L 254, 30.9.1994, p. 64. Directive as amended by Directive 97/74/EC (OJ L 10, 16.1.1998, p. 22). Joint declaration of the European Parliament, the Council and the Commission on employee representation "With regard to employee representation, the European Parliament, the Council and the Commission recall the judgements of the European Court of Justice of 8 June 1994 in Cases C-382/92 (Safeguarding of employees rights in the event of transfers of undertakings) and C-383/92 (Collective redundancies)." This site is managed by the Publications Office of the European Union Need help? Help pages Contact Sitemap Follow us X Legal Legal notice Cookies policy Accessibility Privacy statement Information About EUR-Lex Newsletter Useful links Other services European Data EU tenders EU research results EU Whoiswho EU publications N-Lex EU Law in Force EU Law Tracker Discover more on europa.eu Contact the EU Call us 00 800 6 7 8 9 10 11 Use other telephone options Write to us via our contact form Meet us at one of the EU centres Social media Search for EU social media channels Legal Languages on our websites Privacy policy Legal notice Cookies EU institutions European Parliament European Council Council of the European Union European Commission Court of Justice of the European Union (CJEU) European Central Bank (ECB) European Court of Auditors European External Action Service (EEAS) European Economic and Social Committee European Committee of Regions (CoR) European Investment Bank European Ombudsman European Data Protection Supervisor (EDPS) European Data Protection Board European Personnel Selection Office Publications Office of the European Union Agencies Switch to mobile Switch to desktop This site is managed by the Publications Office of the European Union Need help? Help pages Contact Sitemap Follow us X Legal Legal notice Cookies policy Accessibility Privacy statement Information About EUR-Lex Newsletter Useful links Other services European Data EU tenders EU research results EU Whoiswho EU publications N-Lex EU Law in Force EU Law Tracker This site is managed by the Publications Office of the European Union Need help? Help pages Contact Sitemap Follow us X Legal Legal notice Cookies policy Accessibility Privacy statement Need help? Help pages Contact Sitemap Help pages Contact Sitemap Help pages Contact Sitemap Follow us X Legal Legal notice Cookies policy Accessibility Privacy statement Legal notice Cookies policy Accessibility Privacy statement Legal notice Cookies policy Accessibility Privacy statement Information About EUR-Lex Newsletter Useful links Other services European Data EU tenders EU research results EU Whoiswho EU publications N-Lex EU Law in Force EU Law Tracker Information About EUR-Lex Newsletter Useful links About EUR-Lex Newsletter Useful links About EUR-Lex Newsletter Useful links Other services European Data EU tenders EU research results EU Whoiswho EU publications European Data EU tenders EU research results EU Whoiswho EU publications European Data EU tenders EU research results EU Whoiswho EU publications N-Lex EU Law in Force EU Law Tracker N-Lex EU Law in Force EU Law Tracker Discover more on europa.eu Contact the EU Call us 00 800 6 7 8 9 10 11 Use other telephone options Write to us via our contact form Meet us at one of the EU centres Social media Search for EU social media channels Legal Languages on our websites Privacy policy Legal notice Cookies EU institutions European Parliament European Council Council of the European Union European Commission Court of Justice of the European Union (CJEU) European Central Bank (ECB) European Court of Auditors European External Action Service (EEAS) European Economic and Social Committee European Committee of Regions (CoR) European Investment Bank European Ombudsman European Data Protection Supervisor (EDPS) European Data Protection Board European Personnel Selection Office Publications Office of the European Union Agencies Discover more on europa.eu Contact the EU Call us 00 800 6 7 8 9 10 11 Use other telephone options Write to us via our contact form Meet us at one of the EU centres Social media Search for EU social media channels Legal Languages on our websites Privacy policy Legal notice Cookies Contact the EU Call us 00 800 6 7 8 9 10 11 Use other telephone options Write to us via our contact form Meet us at one of the EU centres Call us 00 800 6 7 8 9 10 11 Use other telephone options Write to us via our contact form Meet us at one of the EU centres Call us 00 800 6 7 8 9 10 11 Use other telephone options Write to us via our contact form Meet us at one of the EU centres Social media Search for EU social media channels Search for EU social media channels Legal Languages on our websites Privacy policy Legal notice Cookies Languages on our websites Privacy policy Legal notice Cookies Languages on our websites Privacy policy Legal notice Cookies EU institutions European Parliament European Council Council of the European Union European Commission Court of Justice of the European Union (CJEU) European Central Bank (ECB) European Court of Auditors European External Action Service (EEAS) European Economic and Social Committee European Committee of Regions (CoR) European Investment Bank European Ombudsman European Data Protection Supervisor (EDPS) European Data Protection Board European Personnel Selection Office Publications Office of the European Union Agencies European Parliament European Council Council of the European Union European Commission Court of Justice of the European Union (CJEU) European Central Bank (ECB) European Court of Auditors European External Action Service (EEAS) European Economic and Social Committee European Committee of Regions (CoR) European Investment Bank European Ombudsman European Data Protection Supervisor (EDPS) European Data Protection Board European Personnel Selection Office Publications Office of the European Union Agencies European Parliament European Council Council of the European Union European Commission Court of Justice of the European Union (CJEU) European Central Bank (ECB) European Court of Auditors European External Action Service (EEAS) European Economic and Social Committee European Committee of Regions (CoR) European Investment Bank European Ombudsman European Data Protection Supervisor (EDPS) European Data Protection Board European Personnel Selection Office Publications Office of the European Union Agencies Switch to mobile Switch to desktop Switch to mobile Switch to desktop
Amendment rationale: 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

|52013PC0798Proposal 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 MEMORANDUM1.           CONTEXT OF THE PROPOSALThe EU labour law directives are generally\r applicable to all sectors of activity and all categories of workers.\r Nevertheless, seafarers are excluded or can be excluded from the scope of six directives,\r without any express justification. The directives concerned are the following:•        Directive 2008/94/EC[1] relating to the protection of\r employees in the event of the insolvency of their employer (hereafter referred\r to as ‘the Employer Insolvency Directive’);•        Directive 2009/38/EC[2] on the establishment of\r European Works Council (hereafter referred to as the ‘European Works Council\r Directive’);•        Directive 2002/14/EC[3] establishing a general\r framework for informing and consulting employees (hereafter referred to as the ‘Information\r and Consultation Directive’);•        Directive 98/59/EC[4] on the approximation of the\r laws of the Member States relating to collective redundancies (hereafter\r referred to as the ‘Collective Redundancies Directive’);•        Directive 2001/23/EC[5] relating to the safeguarding of\r employees’ rights in the event of transfers of undertakings (hereafter referred\r to as the ‘Transfer of Undertakings Directive’);•        Directive 96/71/EC[6] concerning the posting of\r workers in the framework of the provision of services (hereafter referred to as\r the ‘Posting of Workers Directive’).Depending on the situation at national level,\r exclusions could have a negative impact on a number of rights recognised under\r the Charter of Fundamental Rights of the European Union, in particular the\r right to information and consultation within the undertaking (Article 27), and\r the right to fair and just working conditions (Article 31).Most of the Member States have made little or\r no use of the exclusions. Eight Member States[7]\r have not excluded seafarers from any of the Directives and eight Member States\r have made use of only one exclusion. This situation gives rise to a potential\r situation whereby the same categories of workers are treated differently in the\r different Member States.Furthermore, as underlined by the Commission\r previously, the number of EU national seafarers is steadily decreasing and this\r could be problematic for the future, notably because experience off-shore is\r essential for certain shore-based jobs. Although this could be the consequence\r of different factors, the lack of interest in maritime careers may be\r reinforced by the impression that seafarers are less well protected than other\r employees[8].Hence, the current situation does not ensure a\r level playing field in the European market, since certain companies are\r exempted from certain obligations, notably in terms of information and\r consultation, which are mandatory for competing companies based in other Member\r States.As a consequence, the aim of the proposal is to\r improve the level of protection of the rights protected under the EU Charter of\r Fundamental Rights in EU labour law and to ensure a level playing field at EU\r level. Furthermore, it contributes to general policy objectives which are\r enshrined in Article 151 TFEU, namely the promotion of employment, improved\r living and working conditions, proper social protection and dialogue between\r management and labour.1.1.        Consistency with other EU\r policies and horizontal objectivesThis initiative aims at assessing the scope and\r reasons for the exclusion or faculty to exclude seafarers from labour law directives.\r The Commission is committed to ensuring the compatibility of any new\r legislative proposal with the EU Charter of Fundamental Rights and to assess\r the impact of all such proposals on the rights and principles protected under\r the Charter. In the case at stake, suppressing the exclusions would have a\r positive impact on the rights protected under Articles 27 and 31 of the\r Charter.It is also fully in line with the Integrated\r Maritime Policy for the European Union established in 2007 through the\r so-called ‘Blue Book’[9].\r In the ‘Blue Book’ the Commission insisted on its aim ‘to increase the number\r and quality of maritime jobs for European citizens’, stressing in\r particular that:‘Improved staffing policies and working\r conditions (including health and safety), supported by a concerted effort by\r all maritime stakeholders and an efficient regulatory framework taking into\r account its global context, are necessary if Europeans are to be attracted to\r the sector.’The Commission stated that in order to meet the\r objective it would ‘reassess, in close cooperation with social partners, the\r exclusions affecting maritime sectors in EU labour legislation’.The Commission reaffirmed its objective to\r increase the number and quality of jobs in the maritime sector in its\r Communication on ‘Blue Growth’[10]\r which was endorsed by the European Ministers responsible for the Integrated\r Maritime Policy in the Limassol Declaration [11].This proposal is also in line with the EU 2020\r Strategy and its goals, notably in terms of employment. Improving the quality\r of work and working conditions, and in particular reviewing the existing\r legislation and providing for a smarter EU legal framework for employment and health\r and safety at work, constitute key actions within the context of ‘An Agenda for\r new skills and jobs: A European contribution towards full employment’
Revised version (Article 12 Review by the Commission):
Not later than 23 March 2007, the Commission shall, in consultation with the Member States and the social partners at Community level, review the application of this Directive with a view to proposing any necessary amendments.
Article 13 
Entry into force This Directive shall enter into force on the day of its publication in the Official Journal of the European Communities. Article 14 Addresses This Directive is addressed to the Member States. Done at Brussels, 11 March 2002. For the European Parliament The President P. Cox For the Council J. Piqué i Camps (1) OJ C 2, 5.1.1999, p. 3. (2) OJ C 258, 10.9.1999, p. 24. (3) OJ C 144, 16.5.2001, p. 58. (4) Opinion of the European Parliament of 14 April 1999 (OJ C 219, 30.7.1999, p. 223), confirmed on 16 September 1999 (OJ C 54, 25.2.2000, p. 55), Council Common Position of 27 July 2001 (OJ C 307, 31.10.2001, p. 16) and Decision of the European Parliament of 23 October 2001 (not yet published in the Official Journal). Decision of the European Parliament of 5 February 2002 and Decision of the Council of 18 February 2002. (5) OJ L 225, 12.8.1998, p. 16. (6) OJ L 82, 22.3.2001, p. 16. (7) OJ L 254, 30.9.1994, p. 64. Directive as amended by Directive 97/74/EC (OJ L 10, 16.1.1998, p. 22). Joint declaration of the European Parliament, the Council and the Commission on employee representation "With regard to employee representation, the European Parliament, the Council and the Commission recall the judgements of the European Court of Justice of 8 June 1994 in Cases C-382/92 (Safeguarding of employees rights in the event of transfers of undertakings) and C-383/92 (Collective redundancies)." This site is managed by the Publications Office of the European Union Need help? 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Help pages Contact Sitemap Follow us X Legal Legal notice Cookies policy Accessibility Privacy statement Information About EUR-Lex Newsletter Useful links Other services European Data EU tenders EU research results EU Whoiswho EU publications N-Lex EU Law in Force EU Law Tracker This site is managed by the Publications Office of the European Union Need help? Help pages Contact Sitemap Follow us X Legal Legal notice Cookies policy Accessibility Privacy statement Need help? 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Amendment rationale: 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

|52013PC0798Proposal 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 MEMORANDUM1.           CONTEXT OF THE PROPOSALThe EU labour law directives are generally\r applicable to all sectors of activity and all categories of workers.\r Nevertheless, seafarers are excluded or can be excluded from the scope of six directives,\r without any express justification. The directives concerned are the following:•        Directive 2008/94/EC[1] relating to the protection of\r employees in the event of the insolvency of their employer (hereafter referred\r to as ‘the Employer Insolvency Directive’);•        Directive 2009/38/EC[2] on the establishment of\r European Works Council (hereafter referred to as the ‘European Works Council\r Directive’);•        Directive 2002/14/EC[3] establishing a general\r framework for informing and consulting employees (hereafter referred to as the ‘Information\r and Consultation Directive’);•        Directive 98/59/EC[4] on the approximation of the\r laws of the Member States relating to collective redundancies (hereafter\r referred to as the ‘Collective Redundancies Directive’);•        Directive 2001/23/EC[5] relating to the safeguarding of\r employees’ rights in the event of transfers of undertakings (hereafter referred\r to as the ‘Transfer of Undertakings Directive’);•        Directive 96/71/EC[6] concerning the posting of\r workers in the framework of the provision of services (hereafter referred to as\r the ‘Posting of Workers Directive’).Depending on the situation at national level,\r exclusions could have a negative impact on a number of rights recognised under\r the Charter of Fundamental Rights of the European Union, in particular the\r right to information and consultation within the undertaking (Article 27), and\r the right to fair and just working conditions (Article 31).Most of the Member States have made little or\r no use of the exclusions. Eight Member States[7]\r have not excluded seafarers from any of the Directives and eight Member States\r have made use of only one exclusion. This situation gives rise to a potential\r situation whereby the same categories of workers are treated differently in the\r different Member States.Furthermore, as underlined by the Commission\r previously, the number of EU national seafarers is steadily decreasing and this\r could be problematic for the future, notably because experience off-shore is\r essential for certain shore-based jobs. Although this could be the consequence\r of different factors, the lack of interest in maritime careers may be\r reinforced by the impression that seafarers are less well protected than other\r employees[8].Hence, the current situation does not ensure a\r level playing field in the European market, since certain companies are\r exempted from certain obligations, notably in terms of information and\r consultation, which are mandatory for competing companies based in other Member\r States.As a consequence, the aim of the proposal is to\r improve the level of protection of the rights protected under the EU Charter of\r Fundamental Rights in EU labour law and to ensure a level playing field at EU\r level. Furthermore, it contributes to general policy objectives which are\r enshrined in Article 151 TFEU, namely the promotion of employment, improved\r living and working conditions, proper social protection and dialogue between\r management and labour.1.1.        Consistency with other EU\r policies and horizontal objectivesThis initiative aims at assessing the scope and\r reasons for the exclusion or faculty to exclude seafarers from labour law directives.\r The Commission is committed to ensuring the compatibility of any new\r legislative proposal with the EU Charter of Fundamental Rights and to assess\r the impact of all such proposals on the rights and principles protected under\r the Charter. In the case at stake, suppressing the exclusions would have a\r positive impact on the rights protected under Articles 27 and 31 of the\r Charter.It is also fully in line with the Integrated\r Maritime Policy for the European Union established in 2007 through the\r so-called ‘Blue Book’[9].\r In the ‘Blue Book’ the Commission insisted on its aim ‘to increase the number\r and quality of maritime jobs for European citizens’, stressing in\r particular that:‘Improved staffing policies and working\r conditions (including health and safety), supported by a concerted effort by\r all maritime stakeholders and an efficient regulatory framework taking into\r account its global context, are necessary if Europeans are to be attracted to\r the sector.’The Commission stated that in order to meet the\r objective it would ‘reassess, in close cooperation with social partners, the\r exclusions affecting maritime sectors in EU labour legislation’.The Commission reaffirmed its objective to\r increase the number and quality of jobs in the maritime sector in its\r Communication on ‘Blue Growth’[10]\r which was endorsed by the European Ministers responsible for the Integrated\r Maritime Policy in the Limassol Declaration [11].This proposal is also in line with the EU 2020\r Strategy and its goals, notably in terms of employment. Improving the quality\r of work and working conditions, and in particular reviewing the existing\r legislation and providing for a smarter EU legal framework for employment and health\r and safety at work, constitute key actions within the context of ‘An Agenda for\r new skills and jobs: A European contribution towards full employment’
Revised version (Article 13 Entry into force):
This Directive shall enter into force on the day of its publication in the Official Journal of the European Communities .
Article 14 
Addresses This Directive is addressed to the Member States. Done at Brussels, 11 March 2002
Amendment rationale: 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

|52013PC0798Proposal 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 MEMORANDUM1.           CONTEXT OF THE PROPOSALThe EU labour law directives are generally\r applicable to all sectors of activity and all categories of workers.\r Nevertheless, seafarers are excluded or can be excluded from the scope of six directives,\r without any express justification. The directives concerned are the following:•        Directive 2008/94/EC[1] relating to the protection of\r employees in the event of the insolvency of their employer (hereafter referred\r to as ‘the Employer Insolvency Directive’);•        Directive 2009/38/EC[2] on the establishment of\r European Works Council (hereafter referred to as the ‘European Works Council\r Directive’);•        Directive 2002/14/EC[3] establishing a general\r framework for informing and consulting employees (hereafter referred to as the ‘Information\r and Consultation Directive’);•        Directive 98/59/EC[4] on the approximation of the\r laws of the Member States relating to collective redundancies (hereafter\r referred to as the ‘Collective Redundancies Directive’);•        Directive 2001/23/EC[5] relating to the safeguarding of\r employees’ rights in the event of transfers of undertakings (hereafter referred\r to as the ‘Transfer of Undertakings Directive’);•        Directive 96/71/EC[6] concerning the posting of\r workers in the framework of the provision of services (hereafter referred to as\r the ‘Posting of Workers Directive’).Depending on the situation at national level,\r exclusions could have a negative impact on a number of rights recognised under\r the Charter of Fundamental Rights of the European Union, in particular the\r right to information and consultation within the undertaking (Article 27), and\r the right to fair and just working conditions (Article 31).Most of the Member States have made little or\r no use of the exclusions. Eight Member States[7]\r have not excluded seafarers from any of the Directives and eight Member States\r have made use of only one exclusion. This situation gives rise to a potential\r situation whereby the same categories of workers are treated differently in the\r different Member States.Furthermore, as underlined by the Commission\r previously, the number of EU national seafarers is steadily decreasing and this\r could be problematic for the future, notably because experience off-shore is\r essential for certain shore-based jobs. Although this could be the consequence\r of different factors, the lack of interest in maritime careers may be\r reinforced by the impression that seafarers are less well protected than other\r employees[8].Hence, the current situation does not ensure a\r level playing field in the European market, since certain companies are\r exempted from certain obligations, notably in terms of information and\r consultation, which are mandatory for competing companies based in other Member\r States.As a consequence, the aim of the proposal is to\r improve the level of protection of the rights protected under the EU Charter of\r Fundamental Rights in EU labour law and to ensure a level playing field at EU\r level. Furthermore, it contributes to general policy objectives which are\r enshrined in Article 151 TFEU, namely the promotion of employment, improved\r living and working conditions, proper social protection and dialogue between\r management and labour.1.1.        Consistency with other EU\r policies and horizontal objectivesThis initiative aims at assessing the scope and\r reasons for the exclusion or faculty to exclude seafarers from labour law directives.\r The Commission is committed to ensuring the compatibility of any new\r legislative proposal with the EU Charter of Fundamental Rights and to assess\r the impact of all such proposals on the rights and principles protected under\r the Charter. In the case at stake, suppressing the exclusions would have a\r positive impact on the rights protected under Articles 27 and 31 of the\r Charter.It is also fully in line with the Integrated\r Maritime Policy for the European Union established in 2007 through the\r so-called ‘Blue Book’[9].\r In the ‘Blue Book’ the Commission insisted on its aim ‘to increase the number\r and quality of maritime jobs for European citizens’, stressing in\r particular that:‘Improved staffing policies and working\r conditions (including health and safety), supported by a concerted effort by\r all maritime stakeholders and an efficient regulatory framework taking into\r account its global context, are necessary if Europeans are to be attracted to\r the sector.’The Commission stated that in order to meet the\r objective it would ‘reassess, in close cooperation with social partners, the\r exclusions affecting maritime sectors in EU labour legislation’.The Commission reaffirmed its objective to\r increase the number and quality of jobs in the maritime sector in its\r Communication on ‘Blue Growth’[10]\r which was endorsed by the European Ministers responsible for the Integrated\r Maritime Policy in the Limassol Declaration [11].This proposal is also in line with the EU 2020\r Strategy and its goals, notably in terms of employment. Improving the quality\r of work and working conditions, and in particular reviewing the existing\r legislation and providing for a smarter EU legal framework for employment and health\r and safety at work, constitute key actions within the context of ‘An Agenda for\r new skills and jobs: A European contribution towards full employment’
Revised version (Article 14 Addresses):
This Directive is addressed to the Member States.