The social aspects of the EU maritime transport policy

1. Gijon, 20 May 2010 The social aspects of the EU maritime transport policy Anne Devouche; anne.devouche@ec.europa.eu EC – DG for Mobility and Transport. Unit C1 1 |

2. Objectives of the maritime transport policy • Reinforce the maritime safety • Find remedies for shortage of European seafarers • Promote the employment of European seafarers • Eliminate substandard shipping

3. Importance of the human element « human and organisational influences on marine safety and maritime system performance »

4. The maritime industry in Europe • 22 maritime states • 70 000 km coasts • 90% of the EU external freight trade is seaborne • 40% of intra EU exchanges by short sea shipping • 8690 ships registered under EU flags corresponding to 24% of world tonnage • 38% world fleet owned by European interests • 220 000 European seafarers • 3 millions people employed in the maritime cluster (agencies, ship building, insurance, ports…)

5. EU legislation on STCW - Directive 2008/106/EC on the minimum level of training of seafarers - Directive 2005/45/EC on the mutual recognition of seafarers' certificates issued by the Member States Objectives of the revision - upgrade competencies of the crew - adapt the requirements to industry’s needs and new technologies - specific training to prevent actions of piracy Competent crews

6. Legislation on equal treatment Legislation on working conditions Legislation on health and safety Legislation on social security Community acquis applicable to all workers including seafarers

7. Specific legislation applicable to seafarers • Legislation on working time • Legislation on training • Legislation on social security • Legislation on the Maritime Labour Convention

8. The Maritime Labour Convention • Minimum requirements to work on board • Conditions of employment • Seafarer’s employment agreements • Wages • Hours of work/rest, entitlement to leave • Repatriation, compensation for the ship’s loss or foundering • Manning levels • Career and skill development • Accommodation, recreational facilities, food • Health protection, medical care, social security protection • Compliance and enforcement • Certification: maritime labour certificate and declaration of maritime labour compliance • no more favourable clause

9. Relevance of the MLC for the maritime safety policy • Improve maritime safety • Ensure decent working and living conditions for seafarers • Create fairer conditions of competition • Make the maritime profession more attractive • Retain expertise and know-how

10. Enforcement of the MLC in the EU • Social agreement converted into EU legislation with Directive 2009/13 • Preparation of enforcement instruments • Impact on Port state control • More flag state responsibilities • New responsibilities for labour supplying states

11. Follow-up of ratification process by EU Member States Impact assessment for the incorporation of MLC into EU law (in particular Title V)* Work of the Paris MoU (TF35) and ILO Guidelines Proposal could come into force in the 2014 / 15 horizon *N.B. Certain provisions relevant to Titles I to IV of the MLC are already covered by Directive 2009/13/EC Enforcement of the Maritime labour convention

12. To adopt implementing measures for Directive 2009/16/EC To monitor “transposition” process by Member States Provide technical assistance to Member States Cooperation with the Paris Memorandum of Understanding Priorities in the field of Port State Control

13. The maritime exclusions- Directive 2008/94/EC on the approximation of the laws of the Member States relating to the protection of employees in the event of the insolvency of their employer;- Council Directive 94/45/EC on European Works Councils;- Directive 2002/14/EC establishing a general framework for informing and consulting employees in the European Community;- Council Directive 98/59/EC on the approximation of the laws of the Member States relating to collective redundancies;- Council Directive 2001/23/EC on the approximation of the laws of the Member States relating to the safeguarding of employees' rights in the event of transfers of undertakings, businesses or parts of undertakings or businesses;- Directive 96/71/EC concerning the posting of workers in the framework of the provision of services.

14. The reassessment of maritime exclusions • Review the rights of workers in the seafaring professions in the EU by lifting them to the level already enjoyed by workers on shore. • Combating insufficient protection in the maritime activities • Consultation of European social partners

15. EU Social Agenda for the maritime transport • Communication on the Strategic goals and recommendations for the EU’s maritime transport policy until 2018 (COM 2009/8; 21.01.2009) • Main areas: the promotion of the image of shipping, maritime employment and life-long careers, as well as competencies of crews and better working labour and living conditions for seafarers. • A task force of independent experts will examine how to combine the competitiveness of the European fleet with social considerations for the seafarers • Vice-president Sim Kallas has already announced that the Commission will present a "social agenda" for the maritime transport sector in 2011

16. THANK YOU FOR YOUR ATTENTION