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
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Council Directive (EU) 2017/159 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. )| Legal instrument | Directive |
|---|---|
| Number legal act | Directive 2017/159 |
| Original proposal | COM(2016)235  |
| CELEX number i | 32017L0159 |
| Document | 19-12-2016; Date of adoption |
|---|---|
| Publication in Official Journal | 31-01-2017; OJ L 25 p. 12-35 |
| Effect | 16-11-2017; Entry into force See Art 6 |
| Deadline | 15-11-2022; At the latest See Art 5 |
| End of validity | 31-12-9999 |
| Transposition | 15-11-2019; See Art 4.1 |
31.1.2017 |
EN |
Official Journal of the European Union |
L 25/12 |
COUNCIL DIRECTIVE (EU) 2017/159
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)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 155(2) thereof,
Having regard to the proposal from the European Commission,
Whereas:
(1) |
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. |
(2) |
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. |
(3) |
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. |
(4) |
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’). |
(5) |
On 10 May 2013, those organisations requested the Commission to implement the Agreement by a Council decision in accordance with Article 155(2) TFEU. |
(6) |
For the purposes of Article 288 TFEU, the appropriate instrument to implement the Agreement is a directive. |
(7) |
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. |
(8) |
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. |
(9) |
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. |
(10) |
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. |
(11) |
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. |
(12) |
The social partners expect the national measures implementing this... |
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