natgillin/translations-raw huggingface dataset:
The Tripartite Commission can adapt the text in the light of the application of its provisions.
The Tripartite Commission can adapt the text in the light of the application of its provisions.
Guaranteeing employment and social standards
Guaranteeing employment and social standards
The 2006 Convention complements the three basic Maritime Conventions adopted under the aegis of the International Maritime Organisation, the SOLAS Convention (safety of life at sea), the MARPOL Convention (prevention of pollution of marine environment) and the STCW Convention on the qualifications of seafarers.
The 2006 Convention complements the three basic Maritime Conventions adopted under the aegis of the International Maritime Organisation, the SOLAS Convention (safety of life at sea), the MARPOL Convention (prevention of pollution of marine environment) and the STCW Convention on the qualifications of seafarers.
It constitutes the fourth pillar of international regulation of the maritime sector.
It constitutes the fourth pillar of international regulation of the maritime sector.
The 2006 Convention should help to stabilise the maritime transport sector and reduce the double gap between, firstly, European and third country operators and, secondly, between the different flags which favours de facto those maritime nations and operators with the least stringent social legislation.
The 2006 Convention should help to stabilise the maritime transport sector and reduce the double gap between, firstly, European and third country operators and, secondly, between the different flags which favours de facto those maritime nations and operators with the least stringent social legislation.
There is constant pressure from the threat of relocation of recruitment of seafarers to the detriment of European jobs, including in intra-Community transport.
There is constant pressure from the threat of relocation of recruitment of seafarers to the detriment of European jobs, including in intra-Community transport.
It must be acknowledged that the financial stakes are high, given the vast economic and legal differences affecting labour costs, including wages and social charges, in global maritime transport.
It must be acknowledged that the financial stakes are high, given the vast economic and legal differences affecting labour costs, including wages and social charges, in global maritime transport.
Moreover, it is important to normalise the status of seafarer in order to limit the negative effects of globalisation, namely social dumping which penalises seafarers and ship-owners complying with the rules in force, and to define decent working conditions.
Moreover, it is important to normalise the status of seafarer in order to limit the negative effects of globalisation, namely social dumping which penalises seafarers and ship-owners complying with the rules in force, and to define decent working conditions.
Ratification and entry into force of the Convention would represent an important contribution of the EU to the promotion of decent labour standards worldwide.
Ratification and entry into force of the Convention would represent an important contribution of the EU to the promotion of decent labour standards worldwide.
Improving maritime safety and the attractiveness of the profession
Improving maritime safety and the attractiveness of the profession
The European Commission has pointed out in its communication of 6 April 2001 that 80% of maritime accidents were linked to human error.
The European Commission has pointed out in its communication of 6 April 2001 that 80% of maritime accidents were linked to human error.
Faced with the many causes of accidents it is essential to have minimum global social standards in a coherent framework which has hitherto been lacking.
Faced with the many causes of accidents it is essential to have minimum global social standards in a coherent framework which has hitherto been lacking.
A positive effect on maritime safety will become apparent once the Convention has entered into force.
A positive effect on maritime safety will become apparent once the Convention has entered into force.
A BIMCO
A BIMCO
BIMCO is the worlds largest shipping association, representing around 60% of the international dry cargo and tanker fleet. survey shows that there is a shortage of 17,000 Community seafarers in EU 25.
BIMCO is the worlds largest shipping association, representing around 60% of the international dry cargo and tanker fleet. survey shows that there is a shortage of 17,000 Community seafarers in EU 25.
This calls for appropriate responses from public authorities and operators in this strategic sector which carries 90% of world trade and 40% of intra-Community trade.
This calls for appropriate responses from public authorities and operators in this strategic sector which carries 90% of world trade and 40% of intra-Community trade.
It is essential to make the maritime profession, including activities linked to Port State control, more attractive to counter this downward trend which is harmful in the long term for the maritime sector as a whole,.
It is essential to make the maritime profession, including activities linked to Port State control, more attractive to counter this downward trend which is harmful in the long term for the maritime sector as a whole,.
To achieve this, it is necessary to combat unfair practices on board ships and establish decent working and living conditions for seafarers, whatever the flag of the vessel and the nationality of the crew.
To achieve this, it is necessary to combat unfair practices on board ships and establish decent working and living conditions for seafarers, whatever the flag of the vessel and the nationality of the crew.
To this extent, the Convention can help to bring about more homogeneous employment conditions for the benefit of seafarers.
To this extent, the Convention can help to bring about more homogeneous employment conditions for the benefit of seafarers.
Efforts have been made regarding qualifications through the recognition of training and the incorporation of the STCW Convention into Community law.
Efforts have been made regarding qualifications through the recognition of training and the incorporation of the STCW Convention into Community law.
The profession of seafarer must be promoted by recognising high-quality training and making occupations more attractive through decent working and living conditions.
The profession of seafarer must be promoted by recognising high-quality training and making occupations more attractive through decent working and living conditions.
LEGAL ISSUES
LEGAL ISSUES
In the negotiations, the Commission ensured that the Convention and Community law were compatible in order to avoid any obstacle to ratification, particularly as regards social security.
In the negotiations, the Commission ensured that the Convention and Community law were compatible in order to avoid any obstacle to ratification, particularly as regards social security.
A safeguard clause was adopted in order to maintain the Community system for coordinating social security schemes.
A safeguard clause was adopted in order to maintain the Community system for coordinating social security schemes.
Improving Community standards
Improving Community standards
The ratification of the 2006 Convention should not pose any problems as all EU Member States, as well as the social partners, voted in favour of the Convention in Geneva in February 2006.
The ratification of the 2006 Convention should not pose any problems as all EU Member States, as well as the social partners, voted in favour of the Convention in Geneva in February 2006.
However, there are a number of issues which remain to be addressed in relation to the 2006 Convention and measures which the EU can put into place concerning maritime labour standards.
However, there are a number of issues which remain to be addressed in relation to the 2006 Convention and measures which the EU can put into place concerning maritime labour standards.
The draftsperson has the following views in relation to the Commission Communication:
The draftsperson has the following views in relation to the Commission Communication:
It will be necessary to adapt the Community Acquis in order to update the texts directly affected by the provisions of the 2006 Convention (e.g.: Directives 1995/21
It will be necessary to adapt the Community Acquis in order to update the texts directly affected by the provisions of the 2006 Convention (e.g.: Directives 1995/21
Council Directive 95/21/EC of 19 June 1995 concerning the enforcement, in respect of shipping using
Council Directive 95/21/EC of 19 June 1995 concerning the enforcement, in respect of shipping using
Community ports and sailing in the waters under the jurisdiction of the Member States, of international standards for ship safety, pollution prevention and shipboard living and working conditions (Port State
Community ports and sailing in the waters under the jurisdiction of the Member States, of international standards for ship safety, pollution prevention and shipboard living and working conditions (Port State
control). and 1999/95
control). and 1999/95
Directive 1999/95/EC of the European Parliament and of the Council of 13 December 1999 concerning
Directive 1999/95/EC of the European Parliament and of the Council of 13 December 1999 concerning
the enforcement of provisions in respect of seafarers hours of work on board ships calling at
the enforcement of provisions in respect of seafarers hours of work on board ships calling at
Community ports. ).
Community ports. ).
Legislation should be adopted on those areas governed by the Convention but not covered, or only partly covered, at Community level (e.g.: regulation of recruitment agencies, requirement that an employee possess a signed contract of employment).
Legislation should be adopted on those areas governed by the Convention but not covered, or only partly covered, at Community level (e.g.: regulation of recruitment agencies, requirement that an employee possess a signed contract of employment).
The 2006 Convention only lays down minimum standards and there is nothing to exclude action at Community level to strengthen, complement or extend these standards by means of additional rules not laid down by the ILO.
The 2006 Convention only lays down minimum standards and there is nothing to exclude action at Community level to strengthen, complement or extend these standards by means of additional rules not laid down by the ILO.
The EU should look for ways to go further in protecting the rights and interests of seafarers beyond the provisions of the Convention.
The EU should look for ways to go further in protecting the rights and interests of seafarers beyond the provisions of the Convention.
Part B of the Convention should be made binding: This would guarantee more uniform application of the Convention and reduce the risks of differences between possible interpretations in the Union.
Part B of the Convention should be made binding: This would guarantee more uniform application of the Convention and reduce the risks of differences between possible interpretations in the Union.
It would be useful to establish a structure at EU level, subordinate to that of the ILO Convention, to reflect the tripartite nature of the monitoring commission provided for by the Convention (Article XIII).
It would be useful to establish a structure at EU level, subordinate to that of the ILO Convention, to reflect the tripartite nature of the monitoring commission provided for by the Convention (Article XIII).
With regard to point 3 there are a number of specific measures which could be undertaken by the EU.
With regard to point 3 there are a number of specific measures which could be undertaken by the EU.
The fact that there is such a deficit of people working in the sector raises questions about the burden such a profession causes for the social and family life of seafarers.
The fact that there is such a deficit of people working in the sector raises questions about the burden such a profession causes for the social and family life of seafarers.
Mechanisms and proposals should be brought forward to allow for family friendly facilities to be available on ships.
Mechanisms and proposals should be brought forward to allow for family friendly facilities to be available on ships.
The EU should try to enforce minimum employment standards and wages for all vessels operating in its waters.
The EU should try to enforce minimum employment standards and wages for all vessels operating in its waters.
All seafarers employed on a vessel registered in a Member State , regardless of their nationality, should be protected and provided for under the social security system of the flag state.
All seafarers employed on a vessel registered in a Member State , regardless of their nationality, should be protected and provided for under the social security system of the flag state.
In particular the Commission should re-table the proposal for an EU Ferries Directive
In particular the Commission should re-table the proposal for an EU Ferries Directive
Amended proposal for an EU Directive of the European Parliament and of the Council on manning conditions for regular passenger and ferry services operating between Member States (COM (2000) 0437). .
Amended proposal for an EU Directive of the European Parliament and of the Council on manning conditions for regular passenger and ferry services operating between Member States (COM (2000) 0437). .
The Commission should monitor and evaluate whether the Member States' national laws and regulations guarantee the fundamental rights and principles set out in Article III of the Convention, enabling them to ratify the Convention.
The Commission should monitor and evaluate whether the Member States' national laws and regulations guarantee the fundamental rights and principles set out in Article III of the Convention, enabling them to ratify the Convention.
The Commission should propose, as soon as possible after the 2006 Convention is ratified, appropriate coordination of social security schemes.
The Commission should propose, as soon as possible after the 2006 Convention is ratified, appropriate coordination of social security schemes.
It is the view of the draftsperson that the 2006 Convention, which has already been 5 years in negotiation, needs to be ratified as soon as possible.
It is the view of the draftsperson that the 2006 Convention, which has already been 5 years in negotiation, needs to be ratified as soon as possible.
To this end the 2008 deadline called for by the ILO should be adhered to.
To this end the 2008 deadline called for by the ILO should be adhered to.
This would show EU leadership on a world level in relation to labour standards, sending a strong signal to the rest of the world.
This would show EU leadership on a world level in relation to labour standards, sending a strong signal to the rest of the world.
In addition, ratification by EU Member States would make a considerable contribution towards reaching the targets needed for the 2006 Convention to enter into force.
In addition, ratification by EU Member States would make a considerable contribution towards reaching the targets needed for the 2006 Convention to enter into force.
OPINION of the Committee on Transport and Tourism
OPINION of the Committee on Transport and Tourism
for the Committee on Employment and Social Affairs
for the Committee on Employment and Social Affairs
on the proposal for a Council decision on authorising Member States to ratify, in the interests of the European Community, the 2006 Consolidated Maritime Labour Convention of the International Labour Organisation
on the proposal for a Council decision on authorising Member States to ratify, in the interests of the European Community, the 2006 Consolidated Maritime Labour Convention of the International Labour Organisation
On 23 February 2006, the 94th Session of the International Conference of the ILO (International Labour Organisation) adopted the Maritime Labour Convention which, when it enters into force, will be the first international maritime labour code.
On 23 February 2006, the 94th Session of the International Conference of the ILO (International Labour Organisation) adopted the Maritime Labour Convention which, when it enters into force, will be the first international maritime labour code.
This Convention is of exceptional importance in that it consolidates and amends about 65 international marine labour standards adopted from 1919, when the ILO was founded, to the present day, seeking to promote decent living and working conditions for crew members and fairer conditions of competition for businessmen and shipowners, affecting an estimated 1.2 million seafarers.
This Convention is of exceptional importance in that it consolidates and amends about 65 international marine labour standards adopted from 1919, when the ILO was founded, to the present day, seeking to promote decent living and working conditions for crew members and fairer conditions of competition for businessmen and shipowners, affecting an estimated 1.2 million seafarers.
This also provides a way of dealing with the low level of ratification of many maritime labour agreements, given that various countries have to date ratified only certain international maritime labour standards when it suited their own interests.
This also provides a way of dealing with the low level of ratification of many maritime labour agreements, given that various countries have to date ratified only certain international maritime labour standards when it suited their own interests.
This Convention will enter into force on ratification by at least 30 states, which must together represent at least 33% of the world’s entire merchant shipping tonnage.
This Convention will enter into force on ratification by at least 30 states, which must together represent at least 33% of the world’s entire merchant shipping tonnage.
Decent living and working conditions
Decent living and working conditions
The Convention contains a number of general obligations regarding fundamental rights and principles (Article III) governing maritime labour and social rights (Article IV), together with specific rules and implementation guidelines grouped together under five headings:
The Convention contains a number of general obligations regarding fundamental rights and principles (Article III) governing maritime labour and social rights (Article IV), together with specific rules and implementation guidelines grouped together under five headings:
Minimum requirements for seafarers to work on a ship
Minimum requirements for seafarers to work on a ship
Working conditions and terms of employment
Working conditions and terms of employment
Accommodation and living conditions
Accommodation and living conditions
Social security protection and welfare
Social security protection and welfare
The implementation of, and compliance with, the provisions of the Convention and allocation of responsibilities in this respect
The implementation of, and compliance with, the provisions of the Convention and allocation of responsibilities in this respect
In other words, the provisions of the Convention cover areas such as working conditions, terms of employment, health, training, safety, minimum age requirements, recruitment, placement, working hours, payment of wages protection, leave entitlements, repatriation, onboard accommodation and social security.
In other words, the provisions of the Convention cover areas such as working conditions, terms of employment, health, training, safety, minimum age requirements, recruitment, placement, working hours, payment of wages protection, leave entitlements, repatriation, onboard accommodation and social security.
The Convention concerns the standards applicable to the working conditions of crews on ships of 500 gross tonnage or over engaged in international voyages (between flag State and foreign ports) or voyages between foreign ports alone (that is to say only outside flag State ports).
The Convention concerns the standards applicable to the working conditions of crews on ships of 500 gross tonnage or over engaged in international voyages (between flag State and foreign ports) or voyages between foreign ports alone (that is to say only outside flag State ports).
Prevention of unfair competition
Prevention of unfair competition
The Convention also seeks to ensure fair competition.
The Convention also seeks to ensure fair competition.
The 'no more favourable treatment' clause seeks to ensure that ships that fly the flag of States that have not ratified the Convention do not receive more favourable treatment than ships that fly the flag of States that have ratified it, thereby protecting the fleets of those States which have ratified the Convention, while ensuring decent working conditions for crews and preventing social dumping at the expense of crews and shipping companies already complying with proper maritime labour standards in accordance with national laws.
The 'no more favourable treatment' clause seeks to ensure that ships that fly the flag of States that have not ratified the Convention do not receive more favourable treatment than ships that fly the flag of States that have ratified it, thereby protecting the fleets of those States which have ratified the Convention, while ensuring decent working conditions for crews and preventing social dumping at the expense of crews and shipping companies already complying with proper maritime labour standards in accordance with national laws.
Responsibility for implementing the Convention
C. Responsibility for implementing the Convention
The allocation of responsibilities for implementation of the Convention is intended to ensure the effective and credible enforcement of maritime standards by creating a system of certification by port States and flag States regarding compliance with the standards laid down in the Convention and completion of the necessary inspections.
The allocation of responsibilities for implementation of the Convention is intended to ensure the effective and credible enforcement of maritime standards by creating a system of certification by port States and flag States regarding compliance with the standards laid down in the Convention and completion of the necessary inspections.
The certificate and declaration of maritime labour compliance are innovations, providing evidence of adherence to the standards laid down in the Convention.
The certificate and declaration of maritime labour compliance are innovations, providing evidence of adherence to the standards laid down in the Convention.
As a result, each vessel is issued by its flag State with a certificate , provided that it complies with the national laws and regulations adopted to implement the provisions of the Convention.
As a result, each vessel is issued by its flag State with a certificate , provided that it complies with the national laws and regulations adopted to implement the provisions of the Convention.
The certificate is accompanied by a declaration outlining the national legislation implementing the Convention.
The certificate is accompanied by a declaration outlining the national legislation implementing the Convention.
This may be subject to verification by the port State (inspection and possibly detention in case of doubts regarding compliance).
This may be subject to verification by the port State (inspection and possibly detention in case of doubts regarding compliance).