Directive 2013/54 - Flag State responsibilities for compliance with and enforcement of the Maritime Labour Convention, 2006 - Main contents
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official title
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 Text with EEA relevance| Legal instrument | Directive |
|---|---|
| Number legal act | Directive 2013/54 |
| Original proposal | COM(2012)134  |
| CELEX number i | 32013L0054 |
| Document | 20-11-2013 |
|---|---|
| Publication in Official Journal | 10-12-2013; OJ L 329 p. 1-4 |
| Effect | 30-12-2013; Entry into force Date pub. +20 See Art 8 |
| End of validity | 31-12-9999 |
| Transposition | 31-03-2015; At the latest See Art 7 |
10.12.2013 |
EN |
Official Journal of the European Union |
L 329/1 |
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
(Text with EEA relevance)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 100(2) thereof,
Having regard to the proposal from the European Commission,
After transmission of the draft legislative act to the national parliaments,
Having regard to the opinion of the European Economic and Social Committee (1),
After consulting the Committee of the Regions,
Acting in accordance with the ordinary legislative procedure (2),
Whereas:
(1) |
Union action in the field of maritime transport aims, inter alia, to improve the shipboard living and working conditions of seafarers, security and safety at sea and to prevent pollution caused by maritime accidents. |
(2) |
The Union is aware of the fact that most accidents at sea are directly caused by human factors, especially fatigue. |
(3) |
One of the main objectives of the maritime safety policy of the Union is to eradicate substandard shipping. |
(4) |
On 23 February 2006, the International Labour Organisation (ILO), desiring to create a single, coherent and up-to-date instrument that also embodies the fundamental principles to be found in other international labour conventions, adopted the Maritime Labour Convention, 2006 (MLC 2006). |
(5) |
According to Article VIII thereof, the MLC 2006 is to come into force 12 months after the date on which there have been registered ratifications by at least 30 Members of the ILO with a total share in the world gross tonnage of ships of 33 %. This condition was fulfilled on 20 August 2012, and MLC 2006 therefore entered into force on 20 August 2013. |
(6) |
Council Decision 2007/431/EC (3) authorised the Member States to ratify MLC 2006, and Member States are urged to do so as soon as possible. |
(7) |
MLC 2006 sets out minimum global standards to ensure the right of all seafarers to decent living and working conditions, irrespective of their nationality and irrespective of the flag of the ships on which they serve, and to establish a level playing field. |
(8) |
Various parts of MLC 2006 have been introduced into different Union instruments both as regards flag State and port State obligations. The aim of this Directive is to introduce certain compliance and enforcement provisions, envisaged in Title 5 of MLC 2006, which relate to those parts of MLC 2006 in respect of which the required compliance and enforcement provisions have not yet been adopted. Those parts correspond to the elements set out in the Annex to Council Directive 2009/13/EC (4). |
(9) |
Directive 2009/13/EC implements the Agreement concluded by the European Community Shipowners’ Associations (ECSA) and the European Transport Workers’ Federation (ETF) on the Maritime Labour Convention, 2006 (‘the Agreement’), annexed thereto. This Directive is without prejudice to Directive 2009/13/EC and should therefore ensure compliance with more favourable provisions of Union law in conformity with that Directive. |
(10) |
Although Directive 2009/21/EC of the European Parliament and of the Council (5) governs flag State responsibilities, incorporating the voluntary IMO Member States audit scheme into Union law, and introducing the certification of quality of national maritime authorities, a separate Directive covering the maritime labour standards would be more appropriate and would more clearly reflect the different purposes and procedures, without affecting Directive... |
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