To improve the working conditions of seafarers on board the vessels under EU flags, the European Commission is advising an understanding between social partners.
It is supposed to guarantee the seafarers to be better protected against neglect in foreign ports in the future and will make stronger their civil rights to return in case of death or long-term disability due to a professional injury, illness or hazard.
“Maritime transport remains crucial for Europe’s economic development. Today’s proposal will strengthen seafarers’ protection and underpin fair competition will also make the shipping sector more attractive for young Europeans. This proposal is an excellent example of how social partners support the Commission in keeping EU law fit for purpose,” said Marianne Thyssen, Commissioner for Employment, Social Affairs, Skills and Labor Mobility. Due to various domestic laws applicable depending on the state of the shipowner, the flag of the vessel or the nationality of the crew, seafarers find it difficult to obtain a quick and satisfactory return in case of injury or death. It is the nature of shipping industry. The Commission is proposing some improvements to the today’s system.
This proposal will increase the seafarers’ inability to be neglected, including when the shipowner does not pay contract wages for at least two months or when the shipowner leaves the seafarer without the necessary maintenance and support for operations on board the ships. This will not only gain the seafarers themselves but also all the authorities of the EU ports, as the proposal will affect the problematic cases of abandonment.
This particular proposal will also enhance the mechanisms by which return is provided. This will certainly make the payment associated with claims quicker and simpler, which will help prevent the long delays in payment and bureaucracy that seafarers or their own families regularly come across in case associated with abandonments or in a situation of death or extensive disability resulting from incidents or illness at the workplace.
Background information
There were about 230,000 active seamen in the EU Member States in 2010. As the Eurofound study and the European Commission report say 80% of global trade is carried by sea while the coasting marine transport transports 40% of the intra-European freight. So the water transport is important for the European economy. What’s more, maritime transportation has an additional impact upon citizens’ standard of living, offering transportation services to both visitors and inhabitants of island destinations and peripheral regions. Therefore, more than 400 mil sea passengers go through European ports each year.
With this context, the International Labor Organization adopted the Conference Maritime Labour Convention (MLC) in 2006 for the purpose associated with the creation of the standard, agreed document reflecting almost all modern standards applied in order to the international maritime labor. It provides an arranged number of rights plus measures of protection for all those seamen regardless of their nationality or even a flag of the particular vessel. So far MLC was ratified by 81 countries, including almost all EU member states, excluding Austria, Slovakia as well as the Czech Republic. These procedures were included in the particular EU legislation with the Directive of Council 2009/13/EC. A few problems linked to obligation and compensating regarding the applications of a crew for death, injuries and abandonment are considered in the Convention. However, the seamen working far from their homes are still at risk of a potential neglect in foreign ports if shipowners do not execute the obligations anymore. According to data collected by the International Labour Organization since 2004, 192 commercial ships have been neglected (21 were vessels under the EU flag). In 2016 five commercial ships numbering 58 seamen were abandoned in the EU ports.
The International Labour Conference, therefore, approved certain amendments at its 103rd session in Geneva on 11 June 2014, with all EU Member states voting in favour. On 5 December 2016, the social partners in the maritime transport sector of the EU concluded an agreement to amend Directive 2009/13/EC to take on board these changes. The Commission’s proposal now transposes this agreement between the European Community Shipowners’ Associations (ECSA) and the European Transport Workers’ Federation (ETF) into EU law.
