fisheries policies where is the fisher? every worker has the right to working conditions which...

Fisheries Policies

Where is the fisher?

“Every worker has the right to working conditions which respecthis or her health, safety and dignity”

Charter of Fundamental Rights of the European Union

Sustainable Fisheries• If fishers matter, responsible, sustainable

fisheries can thus only be achieved if fisheries policies explicitly include– safety at sea in fishing, with regard to, inter

alia• construction, equipment and seaworthiness

of fishing vessels;• social matters concerning the crew;• manning and qualifications of the crew; and

– take into account applicable international instruments and generally accepted regulations, procedures and practices

Sustainable Fisheries

• Food and Agriculture Organization (FAO)– Code of Conduct for Responsible Fisheries, 1995

• States should ensure that fishing facilities and equipment as well as all fisheries activities allow for

• safe, healthy and fair working and living conditions and

• meet internationally agreed standards adopted by relevant international organizations– e.g. the ILO, the IMO, and the FAO

Safety at Sea in Fishing

United Nations Convention on the Law of the Sea


• The European Union and its Member States are party to the United Nations Convention on the Law of the Sea (UNCLOS)

• The European Union must respect its Member States’ laws and regulations concerning safety at sea which are in compliance with UNCLOS and Community Law– European Community’s declaration deposited

with the Secretary-General of the United Nations


• Article 92 – Status of fishing vessels– Fishing vessels at high seas are subject to the

exclusive jurisdiction of the flag State– Applies to fishing vessels in exclusive

economic zones (EEZs) as well• Provided this is not incompatible with the

Law of the Sea’s regime for EEZs• Important provision in relation to

partnership agreements for fishing between the European Union and third countries


• Article 94 – Duties of the flag State– Effectively exercise its jurisdiction and

control in administrative, technical and social matters over fishing vessels flying its flag

– Assume jurisdiction under its internal law over each fishing vessel flying its flag and its master, officers and crew in respect of administrative, technical and social matters concerning the ship


• Article 94 (continued)– Take such measures for fishing vessels flying

its flag as are necessary to ensure safety at sea with regard, inter alia, to:• the manning of fishing vessels• the training of fishers• the labour conditions of fishers• taking into account the applicable

international instruments


• Article 94 (continued)– Such measures shall include those necessary

to ensure that each fishing vessel flying its flag • is in charge of a skipper and officers who

possess appropriate qualifications, and that• the crew is appropriate in qualifications and

numbers for the type, size, machinery and equipment of the vessel

Construction, Equipment, Seaworthiness

• International instruments concerning construction, equipment and seaworthiness of fishing vessels– Accommodation of Crews (Fishermen)

Convention, 1966 (C126) of the International Labour Organization (ILO)• Ratified and implemented by The Netherlands

– Work in Fishing Convention, 2007 (C188) of the ILO• Revises C126• Not in force

Construction, Equipment, Seaworthiness

• International instruments concerning construction, equipment and seaworthiness of fishing vessels– Torremolinos International Convention for the

Safety of Fishing Vessels, 1977 - as amended - of theInternational Maritime Organization (IMO)• Not in force• Implemented throughout the European Union

through Directive 97/70/EC of 11 December 1997 setting up a harmonised safety regime for fishing vessels of 24 metres in length and over

Social Matters

• On social matters concerning the crew (examples):– International Labour Organization (ILO)

• Fishermen’s Articles of Agreement Convention, 1959– Implemented by The Netherlands

• Work in Fishing Convention, 2007– Partly implemented by The Netherlands

– European Union• Directive 2003/88/EC of 4 November 2003

concerning certain aspects of the organisation of working time

Social Matters

• On social matters concerning the crew (examples)– Flag State The Netherlands

• Civil Code (not exhaustive by far)– Fisher’s employment agreement–Repatriation rights– Social security for non-EU migrant fishers

• Right of association and collective bargaining rights–CBA for trawl fishers–CBA for non-EU off-shore trawl fishers

Manning and Qualifications

• International Labour Organization (ILO)– Minimum Age (Fishermen) Convention, 1959 (C112)

• Ratified and implemented by The Netherlands– Medical Examination (Fishermen) Convention, 1959

(C113)• Ratified and implemented by The Netherlands

– Work in Fishing Convention, 2007 (C188)• Not ratified by The Netherlands

–Ratification and implementation processhas started


• International Labour Organization (ILO)– Work in Fishing Convention, 2007 (C188)• No fishers shall work on board a fishing vessel

without a medical certificate attesting to fitness to perform their duties• The competent authority of the flag State

shall ensure that every fisher has received basic safety training that it has approved• Fishing vessel owners shall ensure that their

vessels are sufficiently and safely manned for the safe navigation and operation of the vessel


• International Maritime Organization (IMO)– Convention on the International Regulations for

Preventing Collisions at Sea, 1972 – as amended• Ratified and implemented by The Netherlands

– International Convention on Standards of Training, Certification and Watchkeeping for Fishing Vessel Personnel, 1995 (STCW-F)• In force since 29 September 2012• Not ratified by The Netherlands

– Ratification and implementation process has started

– Although already partly implemented


• International Maritime Organization (IMO)– STCW-F Convention

• All fishing vessel personnel shall receive pre-sea basic safety training approved by the Administration of the flag State in– personal survival techniques, including donning

of lifejackets and, as appropriate, immersion suits

– fire prevention and fire fighting– emergency procedures– elementary first aid– prevention of marine pollution, and– prevention of shipboard accidents


• International Maritime Organization (IMO)– International Convention for the Safety of Life at

Sea, 1974 (SOLAS) as amended• On all ships, to ensure effective crew

performance in safety measures, a working language shall be established. […] Each seafarer shall be required to understand and, where appropriate, give orders and instructions and to report back in that language

– Does not apply to fishing formally, but is an important, internationally accepted practice nonetheless


• European Union– No specific legislation

• IMO’s STCW-F Convention will not be transposed into EU legislation–This goes against EU social partners’

advice– Social partners agreement on implementation of

ILO’s Work in Fishing Convention, 2007 (C188)• Not in force• To be transposed into a Council Directive

applying to all EU Member States


• European Union– Directive 89/391/EEC of 12 June 1989 on the

introduction of measures to encourage improvements in the safety and health of workers at work• The employer shall take the measures necessary

for the safety and health protection of workers• including prevention of occupational risks and• provision of information and training, as well as• provision of the necessary organization and

means


• European Union– Directive 93/103/EC of 23 November 1993

concerning the minimum safety and health requirements for work on board fishing vessels• Fishers shall be given suitable training on safety

and health on board vessels and on accident prevention in particular covering– fire fighting– the use of life-saving and survival equipment– the use of fishing gear and hauling equipment– the use of various types of signs including

hand signals


• Flag State The Netherlands– Safety and Health Act

(Arbeidsomstandighedenwet)• Applies to Dutch fishing vessels even if these

vessels are outside the territory, including the territorial sea, of The Netherlands

• The fishing vessel owner shall ensure safety and health of the fishers in all aspects of their work

• The fishing vessel owners shall organize the work on board his vessel such that it does not influence negatively the safety and health of the fishers


• Flag State The Netherlands– Seafarers Act (Wet zeevarenden)• The fishing vessel owner shall sufficiently

and safely man his fishing vessel with sufficiently qualified fishers such that• within applicable working time regulations• all work on board can be done safely and• does not endanger the safety and health

of the crew• nor the safety of the ship, the catch, the

environment and marine traffic


• Flag State The Netherlands– Seafarers Act (Wet zeevarenden)

• Before being assigned any shipboard duties all fishersshall at least have– a valid medical certificate attesting to fitness to

perform their duties after examination in compliance with Dutch standards

– a valid certificate proving that they have received basic safety training for fishing vessel personnel as referred to in the STCW-F Convention and approved by the Dutch competent authority

– elementary command of the English language


• Flag State The Netherlands– Currently The Netherlands has no legal

instrument for recognition or endorsement of• Medical certificates issued by non-EU

States• Certificates confirming basic safety

training for fishing vessel personnel issued by non-EU States

Fisheries PartnershipAgreements of the

European Unionand

Safety at Sea in Fishing


The coastal State has sovereign rightsThe coastal State has sovereign rightsfor exploring and exploiting, conservingand managing living natural resources

Managed byRegional FisheriesManagementOrganizations


• Article 62 – Utilization of the living resources in EEZs– A coastal State shall determine its capacity to

harvest the living resources in its EEZ– Where the coastal State does not have the

capacity to harvest its allowable catch it shall give other States access to the surplus through agreements or other arrangements

– Nationals of those other States shall comply with the coastal State’s conservation measures and other terms and conditions established in the coastal State’s laws and regulations


• Article 62 (continued)– Such coastal State’s laws and regulations

shall be consistent with UNCLOS and may relate, inter alia, to• The placing of trainees on board• Requirements for the training of personnel

– It is generally accepted that this provision also allows the coastal State to require a certain number of its fishers to be employed on board foreign vessels operating in its EEZ


• Article 58 – Rights and duties of other States in EEZs– Article 94 (flag State duties) of UNCLOS also

applies in EEZs– Provided its requirements are not

incompatible with UNCLOS’s regime on EEZs• UNCLOS’s regime for EEZs does not attribute

rights and duties to coastal States concerning safety at sea as referred to in its Article 94


• Article 59 – Resolution of conflicts– In cases where UNCLOS does not attribute rights

or jurisdiction to coastal States within the EEZ and

– a conflict arises between the interests of a coastal State and any other State or States

– the conflict should be resolved on the basis of equity and in the light of all the relevant circumstances

– taking into account the respective importance of the interests involved to the parties as well as to the international community as a whole


• Safety at sea– Is of an increasingly weighty interest to• Flag States• Local fishers• Flag State fishers• Coastal States, and• The international community as a whole

EU Fisheries Partnership Agreements

• On basis of Article 62 UNCLOS, the European Union enters into fisheries partnership agreements with third countries

• These FPAs create fisheries management opportunities for coastal Statesand

• Fisheries opportunities for Community fishing vessels


• FPAs require, inter alia,– That Community fishing vessels employ on

board a certain number of local fishers– In the case of the FPA with Mauritania the

number is 60% of a vessel’s total crew minus 4 officers• This requirement is unconditional in that

the local fishers do not have to comply with the flag State’s requirements concerning manning and crew’s qualifications


• This FPA crew requirement jeopardizes safety at sea– Local fishermen lack qualifications required, which

are as a minimum• Valid medical certificate recognized by the flag

State• Valid certificate basic safety training for fishing

vessel personnel recognized by the flag State• Elementary command of the English language

– Due to the number of unqualified and inexperienced local fishers, which is too high, fishing vessel owners cannot organize the work on board their vessels in compliance with flag State’s crewing requirements


• Why does the EU not respect flag State legislation concerning safety at sea which is in compliance with– applicable international instruments– generally accepted international regulations,

procedures and practices– EU legislation?

• Why do EU Member States accept this, especially since the EU has no legal authority to do this?

• Why has the European Commission ignored the concerns voiced by the industry and its social partners time and again?


• In addition to jeopardizing safety at sea, the present FPA with Mauritania, in a time of severe economic crisis, takes precious jobs away from European fishers

• And from local fishers because a significant number of EU fishing vessel owners had to decide not to take the risk– No legal protection in cases of non-compliance– Risks of accidents to crew or ship– Risk of losing insurance coverage

• No small issue for coastal States as well in cases of damage to environment

– Risk of being punished if calamities occur

Fish is food

Fishers harvest itfor you

fisheries policies where is the fisher? every worker has the right to working conditions which...

Documents

fishing slide

fishing convention

sea slide

safety of fishing vessels

manning of fishing vessels

status of fishing vessels

fishing facilities

european union slide