To clarify the responsibilities of flag states and port states
On 23 March, the European Commission adopted two proposals looking to ensure the enforcement of the Maritime Labour Convention (MLC) within the EU. The purpose of these proposals is to clarify the responsibilities of flag states and port states regarding an effective application of the maritime labour standards defined in the MLC.
The first proposal on Flag State Control looks at enforcing Council Directive 2009/13/EC implementing the Agreement concluded by the European Community Shipowners’ Association (ECSA) and the European Transport Workers’ Federation (ETF) on the MLC. This agreement implemented the MLC provisions establishing seafarers’ rights, but left out the provisions related to their enforcement (Title V of the MLC). Therefore, the Commission has now proposed a new Directive laying down a number of provisions to monitor the application of certain parts of Title V of the MLC related to the responsibility of the Flag State.
In particular, the proposal requires that Member States establish the appropriate monitoring mechanisms and carry out adequate inspections to ensure that ships flying their flags are in compliance with the MLC requirements, as set out in Directive 2009/13/EC.
The second proposal amends Directive 2009/16/EC on Port State Control to integrate the MLC requirements related to Port State Control into EU legislation. Among other things, the proposal suggests to include the Maritime Labour Certificate and the Declaration of Maritime Labour Compliance in the documents to be checked by Port State inspectors, and to extended the scope of investigation to complaints related to MLC matters.
According to the Commission’s proposal, both Directives shall enter into force on the date of entry into force of the MLC, and will have to be transposed into national law within the following 12 months.
The proposals will now enter the EU’s legislative procedure, and will be discussed by the European Parliament and the Council in the coming months.
To recall, these proposals are part of the Maritime Social Package, the Commission’s initiative aimed at improving labour condition in the maritime sector and at promoting maritime professions in the EU.
The proposals are available here and here.
Council Directive 2009/13/EC and Directive 2009/16/EC can be found here and here.
Source : European Commission
