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Directive 2017/159/EU - Work in Fishing Convention

of 19 December 2016 implementing the Agreement concerning the implementation of the Work in Fishing Convention, 2007 of the International Labour Organisation, concluded on 21 May 2012 between the General Confederation of Agricultural Cooperatives in the European Union (Cogeca), the European Transport Workers' Federation (ETF) and the Association of National Organisations of Fishing Enterprises in the European Union (Europêche) (Text with EEA relevance.)

Objective

This Directive implements the Agreement concerning the implementation of the Work in Fishing Convention (2007) of the International Labour Organisation, signed by European social partners which can be found as an annex to this Directive.

Definitions

The definitions of "fishing operation", "commercial fishing", "competent authority", "consultation", "(fishing vessel) owner ", "fisherman", "fisherman’s work agreement", "(fishing) vessel ", "gross tonnage (GT)",  "length (L)", "length between perpendiculars (LBP)", "length overall (LOA)", "skipper", "recruitment and placement service" and "private employment agency" can be found in the Annex.

Content

The purpose of the Directive is to implement the Agreement so as to set out:

  • the responsibilities of fishing vessel owners, skippers and fishermen;
  • the minimum personal requirements for work on fishing vessels (minimum age, medical examination);
  • the conditions of service (manning, hours of work and rest, crew list, fisherman’s work agreement, repatriation, private labour market services);
  • occupational safety and health requirements (food and accommodation, health protection and medical care, protection in case of work-related sickness, injury or death, occupational safety and health and accident prevention);

The specific content is detailed in the Annex.

The Agreement shall affect no European or national legal provision, award, custom or agreement, which ensures more favourable conditions to fishermen.

Member States shall have in force or bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 15 November 2019 at the latest. Moreover, Member States shall determine what penalties are applicable when national provisions enacted pursuant to this Directive are infringed or not met.

Annex

The Agreement concerning the implementation of the Work in Fishing Convention (2007) of the International Labour Organisation

  • Part 1: Definitions and scope
  • Part 2: General principles
  • Part 3: Minimum requirements for work on fishing vessels
  • Part 4: Conditions of service
  • Part 5: Occupational safety and health
  • Part 6: Amendments
  • Part 7: Final provisions
  • Annex I: Fisherman’s work agreement
  • Annex II: Fishing vessel accommodation

Read the full text of the Directive

National laws implementing this Directive

See also the European Commission final report on the Costs and benefits of a Council decision implementing the European sectoral social partners' agreement concerning the implementation of the work in fishing convention, 2007 of the ILO.