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ETF and ECSA celebrated the Agreement concluded on the ILO Maritime Labour Convention 2006

10 July 2008

On 3 July 2008, the European Transport Workers’ Federation (ETF) together with the European Community Shipowners’ Associations (ECSA) celebrated the Social Partners’ Agreement (SPA) concluded between the two organisations on the ILO Maritime Labour Convention, 2006. The event was organised in the Port of Brussels in the presence of Commissioners Vladimir Spidla, responsible for Employment, Social Affairs and Equal opportunities, and Antonio Tajani, responsible for Transport.

European Social Partners in the Maritime Sector invited Commissioners V. Spidla and A. Tajani to take part in the celebration of the Agreement they signed on 19 May 2008 regarding the transposition of part of the Maritime Labour Convention, 2006[1] into the “acquis communautaire”. The signature of the agreement came after nearly two years of negotiations and was followed by a Commission proposal on a EU Council Directive[2] – as provided for in Article 139 of the EC Treaty – through which the Agreement will be effectively transposed into EU law. The text of the Directive is now on the Council’s and European Parliament table for adoption.

ETF expresses its satisfaction towards this new legal instrument which lays down detailed standards of employment and health and safety conditions for seafarers. The SPA will certainly contribute to enhance minimum standards in the maritime sector– said the ETF.

Addressing Social partners on the 3rd of July, Commissioner V. Spidla stated that the SPA will “contribute significantly to ensuring decent work, the fight against social dumping and the establishment of identical rules” with a view to “create more and better jobs in the maritime sector”. On the same line, Vice President A. Tajani said that with the SPA, “the European Union will contribute to protect seafarers from unfair competition”. ETF is glad to hear that, particularly when the Commission recognises the importance of eliminating substandard shipping in European waters, even if the SPA on the ILO MLC, 2006 will only partially answer to European Seafarers' main claims when it comes to saveguard European jobs at sea and extend the European maritime know-how.

ETF highlights that the SPA should have the effect of encouraging individual EU Member States not to delay any longer the ratification of the ILO MLC, 2006. Social Partners call now on them to ratify the Convention in the shortest possible timescale. By doing so, Member States will make a substantial contribution towards its speedy entry into force at International level given that by ratifying the ILO MLC, Member States will ease the achievement of the 33% of world tonnage needed for its entry into force.[3]

Furthermore, being transposed by means of an EU Council Directive, the SPA will allow for a common and uniform interpretation when implementing its provisions in the different EU countries. Additionally, the Agreement will subject national authorities to the jurisdiction of the European Court of Justice in case of infringements to its requirements.

An “Enforcement” Directive which will ensure the control of the effective implementation of the provisions stemming from the SPA is now under examination by Directorate General for Transport in the Commission. Such legal instrument will render the SPA subject to mechanisms of the Port State control, the Flag State control, as well as the control by the State which supplies the workforce and will apply to any ship calling at a Community port, irrespective of the flag it flies.

Finally, it is worth noting that the Directive which embodies the SPA forms integral part of the renewed Social Agenda unveiled by the Commission on 2 July 2008, a package of measures in a range of EU policies identified by the Commission as priority areas for the years to come. The Communication covers initiatives in the field of: discrimination, gender equality, health and safety; workers’ information and consultation, poverty and social exclusion[4].

The text of the agreement is available at: http://ec.europa.eu/employment_social/dsw/public/displayRecord.do?id=5082

For more information, please contact:
Philippe ALFONSO – ETF Political Secretary, Maritime Transport Section
Phone: (+) 32 2 285 45 84
Fax: (+) 32 2 280 08 17
E-mail: p.alfonso@etf-europe.org

[1] The ILO MLC 2006 consolidates and updates more than 65 international labour standards related to seafarers adopted over the last 80 years by the International Labour Organisation (ILO). It has been designed to become a global instrument known as the "fourth pillar" of the international regulatory regime for quality shipping, complementing the key Conventions of the International Maritime Organization (IMO).

[2] COM(2008) 422 Final

[3] The Condition for entry into force, as laid down by the Convention call for 30 Member States accouting for at least 33 % of world tonnage. EU Member States account for 28% of the world fleet.

[4] COM (2008) 412 final

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