12 Seafarers
| Committee's assessment
| Legally and politically important |
| Committee's decision | Cleared from scrutiny
|
| Document details | Draft Council Decision concerning the Code of the Maritime Labour Convention
|
| Legal base | Articles 153 and 218 (9) TFEU
|
| Department
Document numbers
| Transport
(35896), 7978/14 + ADD 1, COM(14) 161
|
Summary and Committee's conclusions
12.1 In April 2014 we considered this draft Council Decision to
require Member States to accept the then current draft of the
amendments, except for 'non-substantial changes', to the International
Labour Organisation's Maritime Labour Convention due for adoption
at an International Labour Conference in June 2014.
12.2 We shared the Government's concerns about the
ambiguity of this proposal, the Commission's apparent wish to
extend the scope of EU competence and the premature timing of
the draft Decision, we endorsed the Government's intention to
oppose the measure and, given the uncertainties about the proposal,
we asked to hear from the Government as to how Council working
group consideration of it was progressing.
12.3 The Government tells us now, very belatedly,
but with apologies for an administrative oversight, that, although
there was some sympathy for the UK position, only one other Member
State joined the Government in voting against the proposal, which
was therefore adopted by QMV in May 2014. We are also told that
the amendments were, with minor changes, adopted at the International
Labour Conference and that the Government was content with the
amendments themselves, as adjusted.
12.4 It is highly regrettable that we have only
now been informed of these developments. Nevertheless, in the
circumstances, particularly the Government's efforts to prevent
the Council Decision being adopted in its proposed form, we now
clear the document from scrutiny.
Full details of
the documents: Draft
Council Decision on the position to be adopted on behalf of the
European Union at the 103rd session of the International Labour
Conference concerning amendments to the Code of the Maritime Labour
Convention: (35896), 7978/14 + ADD 1, COM(14) 161.
Background
12.5 The International Labour Organisation's Maritime
Labour Convention, 2006 (MLC),[33]
which came into force on 20 August 2013, establishes minimum living
and working standards for seafarers.
12.6 Council Decision 2007/431/EC authorised Member
States to ratify the MLC in respect of the provisions falling
within EU competence. Aspects of the Convention which fall within
EU competence have been included in a European Social Partners
Agreement, which is implemented by Council Directive 2009/13/EC.
This includes provisions of the MLC Code's Standard A2.5, on repatriation
of seafarers, and Standard A4.2, on shipowner liability for injury
and death, which became part of EU law through that Directive.
12.7 It was expected that amendments to the MLC Code
would be considered at the 103rd International Labour Conference
from 28 May to 12 June 2014. With this draft Council Decision
the Commission proposed, in March 2014, that Member States be
required to accept the then current draft of the amendments, except
for 'non-substantial changes'. The amendments in question principally
concerned Standard A2.5 and Standard A4.2 and related to the liability
of shipowners with respect to abandonment of seafarers and compensation
for claims for death and personal injury, together with the shipowner's
financial security relating to each of these areas. The proposed
Decision was accompanied by a document setting out the amendments.
12.8 The amendments to the MLC Code which were under
discussion were agreed at the Joint International Maritime Organization/International
Labour Organisation Ad Hoc Expert Working Group on Liability
and Compensation Regarding Claims for Death, Personal Injury and
Abandonment of Seafarers, in March 2009. However, the MLC Code
could not be amended before it came into force 2013. The first
meeting of the International Labour Organisation Special Tripartite
Committee (STC), which considered amendments to the MLC Code,
since that entry into force took place from 7 to 11 April 2014.
12.9 We shared the Government's concerns about the
ambiguity of this proposal, the Commission's apparent wish to
extend the scope of EU competence and the premature timing of
the draft Decision and we endorsed the Government's intention
to oppose the measure. Given the uncertainties about the proposal
we asked to hear from the Government as to how Council working
group consideration of it was progressing. Meanwhile the document
remained under scrutiny.
The Minister's letter of 18 December 2014
12.10 In his letter of 18 December 2014 the Minister
of State, Department for Transport (Mr John Hayes) very belatedly,
and with apologies, writes to bring us up to date with developments
on the proposal.
12.11 After recalling what we had been told previously
about the Government's position on this draft Council Decision,
the Minister tells us that:
· despite
some sympathetic views of several other Member States, and Government
encouragement to them to vote against the measure, only one Member
State joined the UK in voting against the proposal;
· Eleven
other Member States also had concerns about the use of Article
218(9) TFEU, but nevertheless did not vote against the Decision,
although some made statements;
· under
QMV the Decision was therefore adopted on 26 May 2014 and published
in the Official Journal as Council Decision 2014/346/EU on 6 June
2014; and
· the
Government accompanied its opposition with a Statement to the
effect that it did not oppose the MLC amendments themselves, but
the wording of the Council Decision.
12.12 The Minister continues that:
· there
was concern when the proposal was first issued (prior to the STC,
where the amendments were being finalised) that the effect might
be to bind Member States to accept the amendments to the MLC as
originally drafted except for 'non-substantial changes', as opposed
to being able to agree sensible, but substantial, changes;
· the
Commission confirmed, however, that this was not the case, and
in any case the text of the Decision was not finalised prior to
the STC;
· EU coordination
meetings took place at the STC, but the Commission did not speak
for the EU;
· the
Presidency led where there was full agreement, but Member States
were permitted to make their own interventions;
· the
minor adjustments to the text of the MLC amendments which were
agreed at the STC resulted in MLC amendments with which the Government
was fully satisfied;
· the
text of the MLC amendments were finalised at the STC and adopted
unamended at the International Labour Conference; and
· the
Government was content with the text of the MLC amendments themselves
following the minor adjustments agreed at the STC.
Previous Committee Reports
Forty-sixth Report HC 83-xli (2013-14), chapter 4
(9 April 2014).
33 See http://www.ilo.org/global/standards/maritime-labour-convention/text/lang--en/index.htm. Back
| 
