A new agreement was signed in May 2012 by the social partners at EU level in the sea fisheries sector. The agreement covers conditions of service, accommodation and food, occupational safety and health protection, medical care, and social security for those on board fishing vessels. It implements at EU level the 2007 ILO Convention on work in fishing. The social partners intend to ask the European Commission to give the agreement legal force by means of a directive.
Introduction
On 21 May 2012, representatives of the social partners at EU level in the sea fisheries sector – the Association of National Organisations of Fishing Enterprises in the EU (Europêche), the fisheries section of Cogeca for the employers and the European Transport Workers’ Federation (ETF) for the trade unions – signed an agreement on working conditions for workers on board fishing vessels. For more details of the representative arrangements in this sector, see the 2012 Eurofound representativeness study on sea fisheries (TN1105068S).
The agreement implements, at EU-level, the International Labour Organization (ILO) Work in fishing convention 2007 (No. 188). Although it covers all vessels, the convention contains more specific regulations for vessels of 24 metres in length or over.
A press release issued by the European Commission at the time of the signing of the agreement on 21 May 2012 notes that the profound impact of globalisation on the sea fishing sector means there is a need to promote and protect the rights of workers in the sector.
- The risk of an accident that causes injury or death is 2.4 times greater in the sea fishing sector than the EU average for all industries.
- The fishing industry accounts for 7% of all fatalities at work globally, even though it accounts for less than 0.2% of the EU workforce.
Content of the agreement
The agreement implements ILO Convention 188 which sets out decent working conditions for workers on board vessels in the sea fishing industry in the following areas:
- minimum requirements for conditions of service – includes staffing levels and hours of work;
- accommodation and food – regulations here relate to the suitability, size and maintenance of accommodation, and the quality and quantity of food and water;
- occupational safety and health protection – covers accident prevention, health and safety training, the obligations of vessel owners and accident reporting;
- medical care – relating to the carrying of medical equipment and a requirement that vessels should have at least one person on board who is trained in first aid;
- social security.
The agreement applies to workers who work on board vessels flying EU flags and vessels calling at European ports, regardless of their flag and the nationality of the crew.
Commentary
The social partners will ask the European Commission to present the agreement to the EU Council of Ministers in order to give it legal force by means of a directive, in accordance with Article 155 of the Treaty on the Functioning of the European Union. In a joint press release (497Kb PDF) issued a few days before the Social Partners Agreement (SPA) was signed in Gothenburg, the social partners commented:
This agreement shows the ability of the European sectoral social dialogue to fully participate in the enactment of legally-binding EU regulation, provided that there is a strong commitment and a joint willingness to negotiate in a constructive atmosphere for the benefit of the workers, employers and the overall sector.
By signing this agreement, the social partners also sought to give a strong signal to the governments and fishing sectors of ILO Member States from outside the EU on the need to ratify Convention 188 as soon as possible.
In the Commission press release, Employment, Social Affairs and Inclusion Commissioner László Andor added:
I welcome this agreement to set clear benchmarks for improving working conditions and the health and safety of fisheries workers. The agreement demonstrates how social dialogue can play an important role in designing EU regulation.
However, the Commission noted in its press release that putting into place a legal framework governing working conditions for workers in the sea fishing sector is merely the first step. EU Member States need to ensure compliance by means of controls and inspections. If calling at an EU port, these controls should also cover vessels flying the flag of countries that have not ratified the ILO Convention.
The Commission will be giving financial assistance to the fishing industry to enable it to improve safety on board vessels and to help workers to attend training courses. However, the Commission also pointed out in its press release that more needs to be done to improve the image of the sea fishing industry as it is not currently an attractive career prospect for young people. This is due to declining catches and relatively low wages, in addition to safety concerns and difficult working conditions on board fishing vessels.
Andrea Broughton, Institute for Employment Studies