(7) Article 155, paragraph 2, of the TFEU provides that agreements concluded at European Union (‘EU’) level may be
implemented at the joint request of the EU social partners by a Council decision on a proposal from the European
Commission. In view of this, the social partners have decided to enter into negotiations to conclude, within the
limitations as set out in Article 153 of the TFEU, an agreement implementing certain parts of C188.
(8) The EU social partners consider this initiative as highly important to encourage Member States to ratify the
Convention so as to complete a level playing field in the EU and the rest of the world on matters relating to
fishermen's working and living conditions on board fishing vessels.
(9) The EU social partners consider an agreement as a first step contributing to codification of the social acquis in the
fishing sector.
(10) Certain aspects of the organisation of working time of workers on board seagoing fishing vessels are governed at
present by the provisions of Article 21 of Directive 2003/88/EC. Although the Articles 13 and 14 of C188 on the
whole offer fishermen a lower level of protection than the Directive, some of the provisions of Article 14 of the
Convention are of a higher protection level. For this reason the EU social partners have agreed on merging the
provisions referred to. The result is an overall higher level of protection. The provisions concerned are:
consultation by the competent authority of the national EU social partners prior to establishing the minimum
level of protection; the additional purpose of limiting fatigue; compensatory rest in case of exceptions allowed to
minimum hours of rest or maximum hours of work; and improved protection after distress situations.
(11) The provisions of C188 on quality of medical care, accommodation facilities, food, living conditions,
compensation in the event of hazards or illnesses, and on social protection should be considered as falling within
the scope of the safety and health at work of fishermen having regard to the specificities of work on board
a fishing vessel, such as geographical isolation, fatigue and the nature, mostly physical, of the work to be
performed.
(12) C188 applies to all fishers (‘fishermen’), defined in its Article 1(e) as ‘every person employed or engaged in any
capacity or carrying out an occupation on board any fishing vessel, including persons working on board who are
paid on the basis of a share of the catch but excluding pilots, naval personnel, other persons in the permanent
service of a government, shore based persons carrying out work aboard a fishing vessel and fisheries observers’.
Due to the limitations as set out in the TFEU the EU social partners do not have the power to agree texts,
intended to be implemented by a Council decision, which affect fishermen who neither work under a contract of
employment nor in an employment relationship. However, the application of different or no standards to those
fishermen while they are present on the same vessel with fishermen who are working under a contract of
employment or in an employment relationship can have an impact on the overall occupational safety and health,
including the living and working conditions, of the latter. In order to protect fishermen who work under
a contract of employment or in an employment relationship, the EU social partners consider it therefore justified
that this Agreement shall apply, not only to fishermen who work under a contract of employment or in an
employment relationship, but also to all other fishermen who are present on the same vessel.
(13) The proper instrument for implementing this Agreement is a Directive, within the meaning of Article 288 of the
TFEU, which binds Member States as to the result to be achieved, whilst leaving to national authorities the choice
of form and methods.
Calling upon the Member States to:
(1) Ratify C188 given the unanimity of Member States at the time of the Convention's adoption and because of the
important differences between the scope of application as well as the areas covered by the Convention on the one
hand and this Agreement on the other hand.
(2) Develop a uniform valid document as mentioned in Article 41 of C188 to be implemented throughout the
European Union.
(3) Develop a harmonized policy on port State control of fishing vessels which are subject to C188 to be
implemented throughout the European Union, based on the PSC-F Guidelines.
Jointly requesting:
This Agreement to be implemented by a Council Directive.
31.1.2017 L 25/17 Official Journal of the European Union
EN