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Directive 2009/13/EC - Agreement on the Maritime Labour Convention

of 16 February 2009 implementing the Agreement concluded by the European Community Shipowners’ Associations (ECSA) and the European Transport Workers’ Federation (ETF) on the Maritime Labour Convention, 2006, and amending Directive 1999/63/EC

Objective

This Directive:

  • implements the Agreement concluded by the ECSA and the ETF on the Maritime Labour Convention, 2006 concluded on 19 May 2008 between the organisations representing management and labour in the maritime transport sector and;

  • amends Council Directive 1999/63/EC concerning the Agreement on the organisation of working time of seafarers concluded by the European Community Shipowners' Association (ECSA) and the Federation of Transport Workers' Unions in the European Union (FST) and also amends its Annex: European Agreement on the organisation of working time of seafarers

Definitions

The Agreement on Maritime Labour Convention defines: 'competent authority', 'gross tonnage', 'seafarers employment', 'ship', and updates the definition of: 'seafarer' and 'shipowner'.

Contents

The Agreement concluded by the ECSA and the ETF on the Maritime Labour Convention is without prejudice to any more stringent and/or specific existing Community legislation, and more favourable provisions can be maintained or introduced.

Regulation 4.3 addresses health and safety protection and accident prevention. The standard urges the implementation and promotion of occupational safety and health policies and programmes on ships. The focus is on prevention, using the full scale of occupational safety and health measures, with special attention to conditions specific to maritime employment.

Seafarers shall work only if they are trained/certified to perform duties and on personal safety.

The minimum level of medical care on board a ship and ashore is set, including a standard. The agreement sets minimum requirements and standards for accommodation, recreational, catering facilities, and it also deals with contracts, repatriation, shipowners’ liability, on-board complaint procedures, etc.

In many parts the Agreement refers to the amended version of Council Directive 1999/63/EC.

Annexes

Agreement concluded by the ECSA and the ETF on the Maritime Labour Convention, 2006

Amendments to the agreement on the organisation of working time of seafarers concluded on 30 September 1998

Read the full text of the Directive

National laws implementing this Directive

Further information on this topic

See also: Directive 2013/54/EU of the European Parliament and of the Council of 20 November 2013 concerning certain flag State responsibilities for compliance with and enforcement of the Maritime Labour Convention, 2006