Directive 2013/54/EU of the European Parliament and of the Council
of 20 November 2013
concerning certain flag State responsibilities for compliance with and enforcement of the Maritime Labour Convention, 2006
(Text with EEA relevance)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 100(2) thereof,
Having regard to the proposal from the European Commission,
After transmission of the draft legislative act to the national parliaments,
Having regard to the opinion of the European Economic and Social Committee(1),
After consulting the Committee of the Regions,
Acting in accordance with the ordinary legislative procedure(2),
Whereas:
(1) Union action in the field of maritime transport aims, inter alia, to improve the shipboard living and working conditions of seafarers, security and safety at sea and to prevent pollution caused by maritime accidents.
(2) The Union is aware of the fact that most accidents at sea are directly caused by human factors, especially fatigue.
(3) One of the main objectives of the maritime safety policy of the Union is to eradicate substandard shipping.
(4) On 23 February 2006, the International Labour Organisation (ILO), desiring to create a single, coherent and up-to-date instrument that also embodies the fundamental principles to be found in other international labour conventions, adopted the Maritime Labour Convention, 2006 (MLC 2006).
(5) According to Article VIII thereof, the MLC 2006 is to come into force 12 months after the date on which there have been registered ratifications by at least 30 Members of the ILO with a total share in the world gross tonnage of ships of 33 %. This condition was fulfilled on 20 August 2012, and MLC 2006 therefore entered into force on 20 August 2013.
(6) Council Decision 2007/431/EC(3) authorised the Member States to ratify MLC 2006, and Member States are urged to do so as soon as possible.
(7) MLC 2006 sets out minimum global standards to ensure the right of all seafarers to decent living and working conditions, irrespective of their nationality and irrespective of the flag of the ships on which they serve, and to establish a level playing field.
(8) Various parts of MLC 2006 have been introduced into different Union instruments both as regards flag State and port State obligations. The aim of this Directive is to introduce certain compliance and enforcement provisions, envisaged in Title 5 of MLC 2006, which relate to those parts of MLC 2006 in respect of which the required compliance and enforcement provisions have not yet been adopted. Those parts correspond to the elements set out in the Annex to Council Directive 2009/13/EC(4).
(9) Directive 2009/13/EC implements the Agreement concluded by the European Community Shipowners’ Associations (ECSA) and the European Transport Workers’ Federation (ETF) on the Maritime Labour Convention, 2006 (‘the Agreement’), annexed thereto. This Directive is without prejudice to Directive 2009/13/EC and should therefore ensure compliance with more favourable provisions of Union law in conformity with that Directive.
(10) Although Directive 2009/21/EC of the European Parliament and of the Council(5) governs flag State responsibilities, incorporating the voluntary IMO Member States audit scheme into Union law, and introducing the certification of quality of national maritime authorities, a separate Directive covering the maritime labour standards would be more appropriate and would more clearly reflect the different purposes and procedures, without affecting Directive 2009/21/EC.
(11) Directive 2009/21/EC applies to IMO Conventions. In any event, Member States could develop, implement and maintain a quality management system for the operational parts of the flag State-related activities of their maritime administration falling within the scope of this Directive.
(12) Member States should ensure the effective discharge of their obligations as flag States with respect to the implementation, by ships flying their flag, of the relevant parts of MLC 2006. In establishing an effective system for monitoring mechanisms, including inspections, a Member State could, where appropriate, grant authorisation to public institutions, or to other organisations within the meaning of Regulation 5.1.2 of MLC 2006, under the conditions set out therein.
(13) According to Article 2(3)(c) of Regulation (EC) No 1406/2002 of the European Parliament and of the Council(6) the mandate of the European Maritime Safety Agency includes, as a core task, that the Agency should work with the Member States to provide, at the request of a Member State, appropriate information in order to support the monitoring of recognised organisations acting on behalf of that Member State, without prejudice to the rights and obligations of the flag State.
(14) Since the objectives of this Directive cannot be sufficiently achieved by the Member States but can rather, by reason of the scale and effects of the action, be better achieved at the level of the Union, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve those objectives.
(15) Under no circumstances should the application of this Directive lead to a reduction in the level of protection currently enjoyed by seafarers under Union law,
HAVE ADOPTED THIS DIRECTIVE:
Position of the European Parliament of 8 October 2013 (not yet published in the Official Journal) and decision of the Council of 15 November 2013.
Council Decision 2007/431/EC of 7 of June 2007 authorising Member States to ratify, in the interests of the European Community, the Maritime Labour Convention, 2006, of the International Labour Organisation (OJ L 161, 22.6.2007, p. 63).
Council Directive 2009/13/EC of 16 February 2009 implementing the Agreement concluded by the European Community Shipowners’ Associations (ECSA) and the European Transport Workers’ Federation (ETF) on the Maritime Labour Convention, 2006 and amending Directive 1999/63/EC (OJ L 124, 20.5.2009, p. 30).
Directive 2009/21/EC of the European Parliament and of the Council of 23 April 2009 on compliance with flag State requirements (OJ L 131, 28.5.2009, p. 132).
Regulation (EC) No 1406/2002 of the European Parliament and of the Council of 27 June 2002 establishing a European Maritime Safety Agency (OJ L 208, 5.8.2002, p. 1).