Maritime agreement to form basis of new EU directive

In May 2008, the social partners in the maritime shipping industry concluded an agreement to improve working conditions for over 300,000 maritime workers across Europe. In July, the European Commission proposed a new directive to ensure that the agreement’s terms are transposed into national laws. The Commission is due to present a communication on maritime transport by the end of the year, outlining the opportunities and challenges for the industry over the next 10 years.

New agreement for maritime industry

On the first European Maritime Day on 20 May 2008, the social partners representing the maritime industry – namely, the European Transport Workers’ Federation (ETF) and the European Community Shipowners’ Associations (ECSA) – signed a joint agreement on labour standards in the maritime industry. The agreement incorporates certain provisions of the International Labour Organization (ILO) 2006 Maritime Labour Convention, which is to be incorporated into EU law through a new Council directive.

The agreement defines a seafarer as ‘any person who is employed or engaged or works in any capacity on board a ship’. It sets a minimum age for employment on board a ship and provides that seafarers must be trained or certified as competent to work in this capacity. Importantly, the agreement states that the terms and conditions of every seafarer are to be set out in a clear, written and legally enforceable agreement. Seafarers will also have the right to seek advice on their employment contracts before signing them and will also have access to a copy of any applicable collective agreement. Other matters covered in the agreement concern entitlement to annual leave and provisions on working time and rest periods. The agreement also incorporates terms covering issues such as accommodation, recreational activities, food and catering, medical care, and health, safety and welfare.

Importance of European maritime industry

The European maritime industry is an important sector of employment. The 27 EU Member States (EU27) account for 28% of the world fleet, providing 303,000 jobs, with Poland, Greece and Italy representing the largest EU maritime nations. The industry is larger in the new EU Member States. An analysis of the sector (1.73Mb PDF), published in 2006, notes that the maritime and sea-related sectors are crucial for the economic prosperity of the EU. It suggests that, while a systematic and ongoing methodology for data collection is currently lacking, Europe’s sea-related sectors as a whole account for some five million jobs. The report notes that, notwithstanding the traditional view of employment in the maritime industries as being in decline, studies show that some sectors and subsectors are demonstrating a fairly significant growth potential. These include the wind energy sector, recreational boating, and cruise and coastal tourism. The shipping sector is also likely to grow by 3% to 4% over the next decade.

New Council directive proposed

Following the signing of the agreement, on 2 July 2008 the European Commission proposed a Council Directive (COM (2008) 422 final) (120Kb PDF) to implement the terms of the agreement. The proposed directive will ensure that the agreement’s provisions are transposed into the laws of the Member States. The new directive will expressly amend Council Directive 1999/63/EC on the organisation of working time of seafarers and will also complement Council Directive 94/33/EC (24Kb PDF) on the protection of young people at work.

Communication on maritime transport imminent

Before the end of 2008, the Commission also intends to present a communication on the future of maritime transport, entitled Maritime transport: Blue horizons of commitment. Recognising the strategic importance of shipping, these ‘blue horizons of commitment’ will encompass the input of senior shipping professionals and of the Member States, together with an economic analysis of trends, opportunities and challenges until 2018. It will be the result of a wide consultation with all interested parties, building also on the input received that led to the adoption of the Maritime Policy Communication (270Kb PDF) in October 2007.

Response of ETF and ECSA

ETF has expressed its satisfaction regarding this new legal instrument, which will allow for a common and uniform interpretation when implementing the agreement’s provisions in the different EU countries; at the same time, it will subject national authorities to the jurisdiction of the European Court of Justice (ECJ) in cases where its requirements are breached. ETF notes that the agreement ‘lays down detailed standards of employment and health and safety conditions for seafarers, which will certainly contribute to enhancing minimum standards in the maritime sector’. In addition, ETF emphasises that the proposed directive, embodying the agreement, forms an integral part of the Renewed Social Agenda unveiled by the Commission on 2 July 2008 (ETF Press release, 10 July 2008).

For its part, ECSA is calling for a ratification of the Maritime Labour Convention by the EU Member States, as this ‘will deliver the critical mass for making the Convention effective for application’ (ECSA Newsletter, No. 5/08 (30Kb PDF)). Moreover, ECSA believes that the forthcoming Communication will provide ‘the strategic framework for EU policy development in the years to come’ (ECSA Newsletter, No. 4/08 (75Kb PDF)).

Sonia McKay, Working Lives Research Institute