Directive 2017/159 - Implementation of the Agreement concerning the implementation of the Work in Fishing Convention, 2007 of the ILO, concluded on 21 May 2012 between the General Confederation of Agricultural Cooperatives in the EU (Cogeca), the European Transport Workers' Federation (ETF) and the Association of National Organisations of Fishing Enterprises in the EU (Europêche) - Main contents

EN

Official Journal of the European Union

L 25/12

Management and labour (‘the social partners’) may, in accordance with Article 155(2) of the Treaty on the Functioning of the European Union (TFEU), request jointly that agreements concluded by them at Union level be implemented by a Council decision on a proposal from the Commission.

On 14 June 2007, the International Labour Organization (ILO) adopted the Work in Fishing Convention, 2007 (‘the Convention’). The Convention aims to create a single, coherent instrument to complete the international standards for living and working conditions for this sector, and incorporates revised and updated standards from existing international conventions and recommendations applicable to fishermen, as well as the fundamental principles found in other international labour conventions.

The Commission consulted the social partners, in accordance with Article 154(2) TFEU, on whether to promote the application within the Union of the provisions of the Convention.

On 21 May 2012, 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), wishing to undertake a first step towards a codification of the Union's social acquis in the sea fishing sector and to help create a level playing field for the sea fishing sector in the Union, concluded an agreement concerning the implementation of the Convention (‘the Agreement’).

On 10 May 2013, those organisations requested the Commission to implement the Agreement by a Council decision in accordance with Article 155(2) TFEU.

For the purposes of Article 288 TFEU, the appropriate instrument to implement the Agreement is a directive.

The Commission has drafted its proposal for a directive, in accordance with its Communication of 20 May 1998 on adapting and promoting social dialogue at Community level, taking into account the representative status of the signatory parties and the legality of each clause of the Agreement.

This Directive should apply without prejudice to any existing Union provisions which are more specific or which grant a higher level of protection to all fishermen.

This Directive should not be used to justify a reduction in the general level of protection of workers in the fields covered by the Agreement.

This Directive and the Agreement annexed hereto lay down minimum standards; the Member States and the social partners may maintain or introduce more favourable provisions.

Without prejudice to the provisions of the Agreement on follow-up and review by the social partners at Union level, the Commission should monitor the implementation of this Directive and the Agreement, and should carry out an evaluation.

The social partners expect the national measures implementing this Directive to enter into force not earlier than on the date of entry into force of the Convention. Accordingly, this Directive should enter into force at the same time as the Convention.

The Agreement applies to fishermen working in any capacity under a contract of employment or in an employment relationship on board fishing vessels engaged in sea fishing, flying the flag of a Member State or registered under the plenary jurisdiction of a Member State.

In order to protect the occupational safety and health of the fishermen working in any capacity under a contract of employment or in an employment relationship, the Agreement may further apply to all other fishermen present on board the same fishing vessel.

As regards any terms used in the Agreement which are not specifically defined therein, Member States may define those terms in accordance with national law and practice, as is the case for other social policy directives using similar terms, provided that those definitions respect the content of the Agreement.

This Directive and the Agreement annexed hereto should take into account the provisions on the management of fishing capacity as set out in Regulation (EU) No 1380/2013 of the European Parliament and of the Council (1).

The Member States may entrust social partners with the implementation of this Directive, where social partners jointly request to do so and as long as the Member States take all the necessary steps to ensure that they can at all times guarantee the results sought under this Directive.

The Commission has informed the European Parliament pursuant to Article 155(2) TFEU, by sending the text of its proposal for a Directive containing the Agreement.

This Directive respects the fundamental rights and principles recognised in the Charter of Fundamental Rights of the European Union, in particular Articles 20, 31 and 32 thereof.

Since the objectives of this Directive, namely to improve living and working conditions and to protect health and safety of workers in the sea fishing sector, which is a cross-border sector operating under the flags of different Member States, cannot be sufficiently achieved by the Member States, but can rather be achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve those objectives.

According to the settled case-law of the Court of Justice of the European Union (2), the fact that an activity referred to in a directive does not yet exist in a Member State cannot release that Member State from its obligation to adopt laws or regulations in order to ensure that all the provisions of the directive are properly transposed. Both the principle of legal certainty and the need to secure the full implementation of directives both in law and in fact require that all Member States reproduce the rules of the directive concerned within a clear, precise and transparent framework providing for mandatory legal provisions. Such an obligation applies to Member States in order to anticipate any change in the situation existing in them at a given point in time and in order to ensure that all legal persons in the Community, including those in Member States in which a particular activity referred to in a directive does not exist, may know with clarity and precision, what are, in all circumstances, their rights and obligations. According to the case-law, it is only where transposition of a directive is pointless for reasons of geography that such transposition is not mandatory. Member States should, in such cases, inform the Commission thereof.

In accordance with the Joint Political Declaration of 28 September 2011 of Member States and the Commission on explanatory documents (3), Member States have undertaken to accompany, in justified cases, the notification of their transposition measures with one or more documents explaining the relationship between the components of a directive and the corresponding parts of national transposition instruments. With regard to this Directive, the legislator considers the transmission of such documents to be justified,

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),

The Treaty on the Functioning of the European Union (‘TFEU’), and in particular Articles 153-155 thereof.

The Work in Fishing Convention, 2007 (‘C188’ or ‘Convention’) of the International Labour Organization (‘ILO’).

The Work in Fishing Recommendation, 2007 (‘R199’) of the ILO.

The Employment Relationship Recommendation, 2006 (‘R198’) of the ILO.

The Guidelines for port State control officers carrying out inspections under the Work in Fishing Convention, 2007 (No 188), adopted by the Governing Body of the ILO in its 309th Session from 13-19 November, 2010 (‘PSC-F Guidelines’).

The Council Decision 2010/321/EU of 7 June 2010 authorising Member States to ratify, in the interest of the European Union, the Work in Fishing Convention, 2007 of the International Labour Organization (Convention No 188).

Communication COM(2011) 306 final, dated 31 May 2011, from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions: Review of the operation of the provisions with regards to workers on board seagoing fishing vessels contained in Directive 2003/88/EC.

The 96th Session of the International Labour Conference of the International Labour Organization (ILO) adopted the Work in Fishing Convention, 2007 (C188) on the 14 June 2007.

C188 was adopted by 437 votes for, 2 votes against, and 22 abstentions. All government representatives present (53 votes), all worker representatives present (25 votes) and all employer representatives present (22 votes) of the present 27 Member States of the European Union (‘Member States’) voted for the adoption of the Convention.

Globalization has a profound impact on the fishing sector and the rights of fishermen need to be promoted and protected.

The ILO considers fishing a hazardous occupation when compared to other occupations.

The objective of C188 is to ensure that fishermen have decent conditions of work on board fishing vessels with regard to minimum requirements for work on board, conditions of service, accommodation and food, occupational safety and health protection, medical care, and social security.

C188 requires Members of the ILO to exercise, in accordance with national laws or regulations, jurisdiction and control over fishing vessels that fly their flags by establishing a system for ensuring compliance with the requirements of the Convention.

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.

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.

The EU social partners consider an agreement as a first step contributing to codification of the social acquis in the fishing sector.

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.

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.

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.

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.

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.

Develop a uniform valid document as mentioned in Article 41 of C188 to be implemented throughout the European Union.

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.

fishing operation means catching, or catching and processing, of fish or other living resources of the sea;

commercial fishing means all fishing operations with the exception of subsistence fishing and recreational fishing;

competent authority means the minister, government department or other authority designated by a Member State having power to issue and enforce regulations, orders or other instructions having the force of law in respect of the subject matter of the provision concerned;

consultation means consultation by the competent authority with the representative organizations of employers and workers concerned, and in particular the representative organizations of fishing vessel owners and fishermen, where they exist;

fishing vessel owner or owner means the owner of the fishing vessel or any other organization or person, such as the manager, agent or bareboat charterer, who has assumed the responsibility for the operation of the vessel from the owner and who, on assuming such responsibility, has agreed to take over the duties and responsibilities imposed on fishing vessel owners in accordance with this Agreement, regardless of whether any other organization or person fulfils certain of the duties or responsibilities on behalf of the fishing vessel owner;

fisherman means every person employed or engaged or working in any capacity on board any fishing vessel under the conditions laid down in Article 2, but excluding port pilots and shore personnel carrying out work on board a fishing vessel at the quay side;

fisherman's work agreement means a contract of employment, articles of agreement or other similar arrangements, or any other contract governing a fisherman's living and working conditions on board a fishing vessel;

fishing vessel or vessel means any ship or boat, flying the flag of a Member State or registered under the plenary jurisdiction of a Member State, of any nature whatsoever, irrespective of the form of ownership, used or intended to be used for the purpose of commercial fishing;

length (L) shall be taken as 96 per cent of the total length on a waterline at 85 per cent of the least moulded depth measured from the keel line, or as the length from the foreside of the stem to the axis of the rudder stock on that waterline, if that be greater; in vessels designed with rake of keel, the waterline on which this length is measured shall be parallel to the designed waterline;

length between perpendiculars (LBP) means the distance between the forward and the after perpendiculars; the forward perpendicular shall be coincident with the foreside of the stem on the waterline on which the length (L) is measured; the after perpendicular shall be coincident with the axis of the rudder stock on that waterline;

skipper means the fisherman having command of a fishing vessel;

recruitment and placement service means any person, company, institution, agency or other organisation, in the public or the private sector, which is engaged in recruiting fishermen on behalf of, or placing fishermen with, fishing vessel owners;

private employment agency means any person, company, institution, agency or other organization in the private sector engaged in employing or engaging fishermen with a view to making them available to fishing vessel owners who assign their tasks and supervise the execution of these tasks.

all fishermen working in any capacity under a contract of employment or in an employment relationship on all fishing vessels engaged in commercial fishing;

all other fishermen who are present on the same vessel with fishermen referred to in (a) in order to ensure the protection of the overall safety and health.

providing such supervision as well as ensuring that, as far as possible, fishermen perform their work in the best conditions of safety and health;

managing the fishermen in a manner which respects safety and health, including prevention of fatigue;

facilitating on-board occupational safety and health awareness training; and

ensuring compliance with safety of navigation, watch keeping and associated good seamanship standards.

the effective training of the fishermen concerned, in accordance with established programmes and schedules, would be impaired; or

the specific nature of the duty or a recognized training programme requires that fishermen covered by the exception perform duties at night and the authority determines, after consultation, that the work will not have a detrimental impact on their health or well-being.

the nature of medical examinations;

the form and content of medical certificates;

the issue of a medical certificate by a duly qualified medical practitioner or, in the case of a certificate solely concerning eyesight, by a person recognized by the competent authority as qualified to issue such a certificate; these persons shall enjoy full independence in exercising their professional judgement;

the frequency of medical examinations and the period of validity of medical certificates;

the right to another, binding examination by an independent medical practitioner, who has been appointed by the Member State as referee,

other relevant requirements.

the medical certificate of a fisherman shall state, at a minimum, that:

the medical certificate shall be valid for a maximum period of two years unless the fisherman is under the age of 18, in which case the maximum period of validity shall be one year;

if the period of validity of a certificate expires in the course of a voyage, the certificate shall remain in force until the end of that voyage.

is conducive to the full achievement of the general object and purpose of this Article and of Article 11 hereafter;

gives effect to paragraph 2 of this Article; and

shall not jeopardise the safety and health of the fishermen.

maximum hours of work which shall not exceed:

or

minimum hours of rest which shall not be less than:

laws, regulations or administrative provisions provided there is consultation and efforts are made to encourage all relevant forms of social dialogue; or

collective agreements or agreements between the two sides of industry.

requiring that fishermen working on vessels flying its flag or registered under its plenary jurisdiction have the protection of a fisherman's work agreement that is comprehensible to them and is consistent with the provisions of this Agreement; and

specifying the minimum particulars to be included in fisherman's work agreements in accordance with the provisions contained in Annex I to this Agreement.

procedures for ensuring that a fisherman has an opportunity to review and seek advice on the terms of the fisherman's work agreement before it is concluded;

where applicable, the maintenance of records concerning the fisherman's work under such an agreement; and

the means of settling disputes in connection with a fisherman's work agreement.

prohibit private labour market services from using means, mechanisms or lists intended to prevent fishermen from engaging for work; and

require that no fees or other charges for private labour market services be borne directly or indirectly, in whole or in part, by the fisherman.

approval of plans for the construction or modification of fishing vessels in respect of accommodation;

maintenance of accommodation and galley spaces;

ventilation, heating, cooling and lighting;

mitigation of excessive noise and vibration;

location, size, construction materials, furnishing and equipping of sleeping rooms, mess rooms and other accommodation spaces;

sanitary facilities, including toilets and washing facilities, and supply of sufficient hot and cold water; and

procedures for responding to complaints concerning accommodation that does not meet the requirements of this Agreement.

the food carried and served on board be of a sufficient nutritional value, quality and quantity;

potable water be of sufficient quality and quantity; and

the food and water shall be provided by the fishing vessel owner at no cost to the fisherman; however, in accordance with national laws and regulations, the cost can be recovered as an operational cost if the collective agreement governing a share system or a fisherman's work agreement so provides.

has the right to medical treatment ashore and the right to be taken ashore in a timely manner for treatment in the event of serious injury or illness occurring to him;

shall be provided by the fishing vessel owner with health protection and medical care while he is

shall, in the event of work-related illness or injury, further have access to appropriate medical care in accordance with its national laws, regulations or practice.

be subject to the applicable provisions of Directive 92/29/EEC and of Article 28 hereafter if the fisherman is aboard; and shall

include medical treatment and related material assistance and support during medical treatment if the fisherman is landed in a port outside the country responsible for the fisherman's social security protection.

in addition to the requirements of Article 2, paragraph 1 (b), of Directive 92/29/EEC, the medical products and medical equipment to be carried on board a fishing vessel shall also depend on the area of operation;

in addition to the requirements of Article 5, paragraph 3, of Directive 92/29/EEC, the special training of fishermen provided for shall also take into account the number of fishermen aboard, the area of operation and the length of the voyage;

the guides provided for in Article 5, paragraph 1, of Directive 92/29/EEC shall be in a language and format understood by the trained fishermen referred to in paragraph (b) of this Article;

the medical consultations referred to in Article 6, paragraph 1, of Directive 92/29/EEC shall also be available through satellite communication and that fishing vessels flying its flag or registered under its plenary jurisdiction shall, for the purpose of obtaining such consultations, be equipped for radio or satellite communication; and

fishing vessels flying its flag or registered under its plenary jurisdiction carry a medical guide adopted or approved by the competent authority, or the latest edition of the International Medical Guide for Ships.

to the extent consistent with the Member State's national law and practice, the medical care prescribed in Article 26, paragraph (b), and further in Article 28, shall be provided free of charge to the fisherman; and that

until the fisherman has been repatriated, the fishing vessel owner shall defray the cost of the medical care the fisherman is exempted from under paragraph (a) of this Article to the extent the country, responsible for the fisherman's social security protection, does not cover the cost under its social security system; and that

the fishing vessel owner shall be liable for defraying the cost of the medical care prescribed in Article 26, paragraph (c), to the extent the country, responsible for the fisherman's social security protection, does not cover the cost under its social security system.

a system of fishing vessel owners' liability; or

compulsory insurance, workers' compensation, or other schemes.

the prevention of occupational accidents, occupational diseases and work-related risks on board fishing vessels, including risk evaluation and management, training and on-board instruction of fishermen;

training for fishermen in the handling of types of fishing gear they will use and in the knowledge of the fishing operations in which they will be engaged;

the obligations of fishing vessel owners, fishermen and others concerned, due account being given of the safety and health of fishermen under the age of 18;

reporting and investigation of accidents on board fishing vessels flying its flag or registered under its plenary jurisdiction; and

the setting up of joint committees on occupational safety and health or, after consultation, of other appropriate bodies.

after consultation, require that the fishing vessel owner, in accordance with national laws, regulations, collective bargaining agreements and practice, establish on-board procedures for the prevention of occupational accidents, injuries and diseases, taking into account the specific hazards and risks on the fishing vessel concerned; and

require that fishing vessel owners, skippers, fishermen, and other relevant persons be provided with sufficient and suitable guidance, training material, or other appropriate information on how to evaluate and manage risks to safety and health on board fishing vessels.

ensure that every fisherman on board is provided with appropriate personal protective clothing and equipment;

ensure that every fisherman on board has received basic safety training approved by the competent authority; and

ensure that fishermen are sufficiently and reasonably familiarized with equipment and its methods of operation, including relevant safety measures, prior to using the equipment or participating in the operations concerned.

the fisherman's family name and other names, date of birth or age, and birthplace;

the place at which and date on which the agreement was concluded;

the name of the fishing vessel or vessels and the registration number of the vessel or vessels on board which the fisherman undertakes to work;

the name of the employer, or fishing vessel owner, or other party to the agreement with the fisherman;

the voyage or voyages to be undertaken, if this can be determined at the time of making the agreement;

the capacity in which the fisherman is to be employed or engaged;

if possible, the place at which and date on which the fisherman is required to report on board for service;

the provisions to be supplied to the fisherman, unless some alternative system is provided for by national law or regulation;

the amount of wages, or the amount of the share and the method of calculating such share if remuneration is to be on a share basis, or the amount of the wage and share and the method of calculating the latter if remuneration is to be on a combined basis, and any agreed minimum wage;

the termination of the agreement and the conditions thereof, namely:

the amount of paid annual leave or the formula used for calculating leave, where applicable;

the health and social security coverage and benefits to be provided to the fisherman by the employer, fishing vessel owner, or other party or parties to the fisherman's work agreement, as applicable;

the fisherman's entitlement to repatriation;

a reference to the collective bargaining agreement, where applicable;

the minimum periods of rest, in accordance with national laws, regulations or other measures; and

any other particulars which national law or regulation may require.

1.

This Annex applies without prejudice to Directive 92/29/EEC and Directive 93/103/EC.

2.

For the purposes of this Annex:

3.

The following shall apply to all new, decked fishing vessels, subject to any exclusions provided for in accordance with Article 3 of the Agreement. The competent authority may, after consultation, also apply the requirements of this Annex to existing vessels, when and in so far as it determines that this is reasonable and practicable.

4.

The competent authority, after consultation, may permit variations to the provisions of this Annex for fishing vessels normally remaining at sea for less than 24 hours where the fishermen do not live on board the vessel in port. In the case of such vessels, the competent authority shall ensure that the fishermen concerned have adequate facilities for resting, eating and sanitation purposes.

5.

The requirements for vessels of 24 metres in length and over may be applied to vessels between 15 and 24 metres in length where the competent authority determines, after consultation, that this is reasonable and practicable.

6.

Fishermen working on board feeder vessels which do not have appropriate accommodation and sanitary facilities shall be provided with such accommodation and facilities on board the mother vessel.

7.

Member States may extend the requirements of this Annex regarding noise and vibration, ventilation, heating and air conditioning, and lighting to enclosed working spaces and spaces used for storage if, after consultation, such application is considered appropriate and will not have a negative influence on the function of the process or working conditions or the quality of the catches.

8.

The competent authority shall satisfy itself that, on every occasion when a vessel is newly constructed or the crew accommodation of a vessel has been reconstructed, such vessel complies with the requirements of this Annex. The competent authority shall, to the extent practicable, require compliance with this Annex when the crew accommodation of a vessel is substantially altered and, for a vessel that changes the flag it flies to the flag of the Member State, require compliance with those requirements of this Annex that are applicable in accordance with paragraph 3.

9.

For the occasions noted in paragraph 8, for vessels of 24 metres in length and over, detailed plans and information concerning accommodation shall be required to be submitted for approval to the competent authority, or an entity authorized by it.

10.

For vessels of 24 metres in length and over, on every occasion when the crew accommodation of the fishing vessel has been reconstructed or substantially altered, the competent authority shall inspect the accommodation for compliance with the requirements of the Agreement, and when the vessel changes the flag it flies to the flag of the Member State, for compliance with those requirements of this Annex that are applicable in accordance with paragraph 3. The competent authority may carry out additional inspections of crew accommodation at its discretion.

11.

When a vessel changes flag to a Member State flag or is registered under a Member State's plenary jurisdiction, any alternative requirements which the competent authority of a non EU Member State whose flag the ship was formerly flying, may have adopted in accordance with paragraphs 15, 39, 47 or 62 of Annex III to C188, cease to apply to the vessel.

12.

There shall be adequate headroom in all accommodation spaces. For spaces where fishermen are expected to stand for prolonged periods, the minimum headroom shall be prescribed by the competent authority.

13.

For vessels of 24 metres in length and over, the minimum permitted headroom in all accommodation where full and free movement is necessary shall not be less than 200 centimetres.

14.

There shall be no direct openings into sleeping rooms from fish rooms and machinery spaces, except for the purpose of emergency escape. Where reasonable and practicable, direct openings from galleys, storerooms, drying rooms or communal sanitary areas shall be avoided unless expressly provided otherwise.

15.

For vessels of 24 metres in length and over, there shall be no direct openings, except for the purpose of emergency escape, into sleeping rooms from fish rooms and machinery spaces or from galleys, storerooms, drying rooms or communal sanitary areas; that part of the bulkhead separating such places from sleeping rooms and external bulkheads shall be efficiently constructed of steel or another approved material and shall be watertight and gas-tight. This provision does not exclude the possibility of sanitary areas being shared between two cabins.

16.

Accommodation spaces shall be adequately insulated; the materials used to construct internal bulkheads, panelling and sheeting, and floors and joinings shall be suitable for the purpose and shall be conducive to ensuring a healthy environment. Sufficient drainage shall be provided in all accommodation spaces.

17.

All practicable measures shall be taken to protect fishing vessels' crew accommodation against flies and other insects, particularly when vessels are operating in mosquito- infested areas.

18.

Emergency escapes from all crew accommodation spaces shall be provided as necessary.

19.

Paragraph 20 applies without prejudice to Directive 2003/10/EC and Directive 2002/44/EC.

20.

The competent authority shall adopt standards for noise and vibration in accommodation spaces which shall ensure adequate protection to fishermen from the effects of such noise and vibration, including the effects of noise- and vibration-induced fatigue.

21.

Accommodation spaces shall be ventilated, taking into account climatic conditions. The system of ventilation shall constantly supply fresh air in a satisfactory condition whenever fishermen are on board.

22.

Ventilation arrangements or other measures shall be such as to protect non-smokers from tobacco smoke.

23.

Vessels of 24 metres in length and over shall be equipped with a system of ventilation for accommodation, which shall be controlled so as to maintain the air in a satisfactory condition and to ensure sufficiency of air movement in all weather conditions and climates. Ventilation systems shall be in operation at all times when fishermen are on board.

24.

Accommodation spaces shall be adequately heated, taking into account climatic conditions.

25.

For vessels of 24 metres in length and over, adequate heat shall be provided, through an appropriate heating system, except in fishing vessels operating exclusively in tropical climates. The system of heating shall provide heat in all conditions, as necessary, and shall be in operation when fishermen are living or working on board, and when conditions so require.

26.

For vessels of 24 metres in length and over, with the exception of those regularly engaged in areas where temperate climatic conditions do not require it, air conditioning shall be provided in accommodation spaces, the bridge, the radio room and any centralized machinery control room.

27.

All accommodation spaces shall be provided with adequate light.

28.

Wherever practicable, accommodation spaces shall be lit with natural light in addition to artificial light. Where sleeping spaces have natural light, a means of blocking the light shall be provided.

29.

Adequate reading light shall be provided for every berth in addition to the normal lighting of the sleeping room.

30.

Emergency lighting shall be provided in sleeping rooms.

31.

Where a vessel is not fitted with emergency lighting in mess rooms, passageways, and any other spaces that are or may be used for emergency escape, permanent night lighting shall be provided in such spaces.

32.

For vessels of 24 metres in length and over, lighting in accommodation spaces shall meet a standard established by the competent authority. In any part of the accommodation space available for free movement, the minimum standard for such lighting shall be such as to permit a person with normal vision to read an ordinary printed newspaper on a clear day.

33.

Where the design, dimensions or purpose of the vessel allow, the sleeping accommodation shall be located so as to minimize the effects of motion and acceleration but shall in no case be located forward of the collision bulkhead.

34.

The number of persons per sleeping room and the floor area per person, excluding space occupied by berths and lockers, shall be such as to provide adequate space and comfort for the fishermen on board, taking into account the service of the vessel.

35.

For vessels of 24 metres in length and over but which are less than 45 metres in length, the floor area per person of sleeping rooms, excluding space occupied by berths and lockers, shall not be less than 1.5 square metres.

36.

For vessels of 45 metres in length and over, the floor area per person of sleeping rooms, excluding space occupied by berths and lockers, shall not be less than 2 square metres.

37.

To the extent not expressly provided otherwise, the number of persons allowed to occupy each sleeping room shall not be more than six.

38.

For vessels of 24 metres in length and over, the number of persons allowed to occupy each sleeping room shall not be more than four. The competent authority may permit exceptions to this requirement in particular cases if the size, type or intended service of the vessel makes the requirement unreasonable or impracticable.

39.

To the extent not expressly provided otherwise, a separate sleeping room or sleeping rooms shall be provided for officers, wherever practicable.

40.

For vessels of 24 metres in length and over, sleeping rooms for officers shall be for one person wherever possible and in no case shall the sleeping room contain more than two berths. The competent authority may permit exceptions to the requirements of this paragraph in particular cases if the size, type or intended service of the vessel makes the requirements unreasonable or impracticable.

41.

The maximum number of persons to be accommodated in any sleeping room shall be legibly and indelibly marked in a place in the room where it can be conveniently seen.

42.

Individual berths of appropriate dimensions shall be provided. Mattresses shall be of a suitable material. Local lighting shall be provided in each berth.

43.

For vessels of 24 metres in length and over, the minimum inside dimensions of the berths shall not be less than 198 by 80 centimetres.

44.

Sleeping rooms shall be so planned and equipped as to ensure reasonable comfort for the occupants and to facilitate tidiness. Equipment provided shall include berths, individual lockers sufficient for clothing and other personal effects, and a suitable writing surface.

45.

For vessels of 24 metres in length and over, a desk suitable for writing, with a chair, shall be provided.

46.

Sleeping accommodation shall be situated or equipped, as practicable, so as to provide appropriate levels of privacy for men and for women.

47.

Mess rooms shall be as close as possible to the galley, but in no case shall be located forward of the collision bulkhead.

48.

Vessels shall be provided with mess room accommodation suitable for their service. To the extent not expressly provided otherwise, mess room accommodation shall be separate from sleeping quarters, where practicable.

49.

For vessels of 24 metres in length and over, mess room accommodation shall be separate from sleeping quarters.

50.

The dimensions and equipment of each mess room shall be sufficient for the number of persons likely to use it at any one time.

51.

For vessels with a length between perpendiculars (LBP) of 15 metres or over, a refrigerator of sufficient capacity and facilities for making hot and cold drinks shall be available and accessible to fishermen at all times.

52.

Sanitary facilities, which include toilets, washbasins, and tubs or showers, shall be provided for all persons on board, as appropriate for the service of the vessel. These facilities shall meet at least minimum standards of health and hygiene and reasonable standards of quality.

53.

The sanitary accommodation shall be such as to eliminate contamination of other spaces. The sanitary facilities shall allow for reasonable privacy.

54.

Hot and cold running fresh water shall be available to all fishermen and other persons on board, in sufficient quantities to allow for proper hygiene. The competent authority may establish, after consultation, the minimum amount of water to be provided.

55.

Where sanitary facilities are provided, they shall be fitted with ventilation to the open air, independent of any other part of the accommodation.

56.

All surfaces in sanitary accommodation shall be such as to facilitate easy and effective cleaning. Floors shall have a non-slip deck covering.

57.

On vessels of 24 metres in length and over, for all fishermen who do not occupy rooms to which sanitary facilities are attached, there shall be provided at least one tub or shower or both, one toilet, and one washbasin for every four persons or fewer.

58.

Amenities for washing and drying clothes shall be provided as necessary, taking into account the service of the vessel, to the extent not expressly provided otherwise.

59.

For vessels of 24 metres in length and over, adequate facilities for washing, drying and ironing clothes shall be provided.

60.

For vessels of 45 metres in length and over, adequate facilities for washing, drying and ironing clothes shall be provided in a compartment separate from sleeping rooms, mess rooms and toilets, and shall be adequately ventilated, heated and equipped with lines or other means for drying clothes.

61.

In addition to the requirements of Directive 92/29/EEC a cabin shall be made available for a fisherman who suffers from illness or injury whenever necessary.

62.

Instead of the requirement laid down in Article 2, paragraph 3, of Directive 92/29/EEC the following applies: On vessels over 500 gross registered tonnes (GRT) on which 15 or more fishermen are engaged on a voyage of more than three days, and on fishing vessels of 45metres in length or over, regardless of crew size and duration of voyage, there shall be a separate sick bay in which medical treatment can be administered. The space shall be properly equipped and shall be maintained in a hygienic state.

63.

A place for hanging foul-weather gear and other personal protective equipment shall be provided outside of, but convenient to, sleeping rooms.

64.

Appropriate eating utensils, and bedding and other linen shall be provided to all fishermen on board. However, the cost of the linen can be recovered as an operational cost if the collective agreement or the fisherman's work agreement so provides.

65.

For vessels of 24 metres in length and over, appropriate recreational facilities, amenities and services shall be provided for all fishermen on board. Where appropriate, mess rooms may be used for recreational activities.

66.

All fishermen on board shall be given reasonable access to communication facilities, to the extent practicable, at a reasonable cost and not exceeding the full cost to the fishing vessel owner.

67.

Cooking equipment shall be provided on board. To the extent not expressly provided otherwise, this equipment shall be fitted, where practicable, in a separate galley.

68.

The galley, or cooking area where a separate galley is not provided, shall be of adequate size for the purpose, well lit and ventilated, and properly equipped and maintained.

69.

For vessels of 24 metres in length and over, there shall be a separate galley.

70.

The containers of butane or propane gas used for cooking purposes in a galley shall be kept on the open deck and in a shelter which is designed to protect them from external heat sources and external impact.

71.

A suitable place for provisions of adequate capacity shall be provided which can be kept dry, cool and well ventilated in order to avoid deterioration of the stores and, to the extent not expressly provided otherwise, refrigerators or other low temperature storage shall be used, where possible.

72.

For vessels with a length between perpendiculars (LBP) of 15 metres or over, a provisions storeroom and refrigerator and other low-temperature storage shall be used.

73.

Food and potable water shall be sufficient, having regard to the number of fishermen, and the duration and nature of the voyage. In addition, they shall be suitable in respect of nutritional value, quality, quantity and variety, having regard as well to the fishermen's religious requirements and cultural practices in relation to food.

74.

The competent authority may establish requirements for the minimum standards and quantity of food and water to be carried on board.

75.

Accommodation shall be maintained in a clean and habitable condition and shall be kept free of goods and stores which are not the personal property of the occupants or for their safety or rescue.

76.

Galley and food storage facilities shall be maintained in a hygienic condition.

77.

Waste shall be kept in closed, well-sealed containers and removed from food handling areas whenever necessary.

78.

79.

The competent authority, after consultation, may permit derogations from the provisions in this Annex to take into account, without discrimination, the interests of fishermen having differing and distinctive religious and social practices, on condition that such derogations do not result in overall conditions less favourable than those which would result from the application of this Annex.