European agreement on the organisation of working time of seafarers (2002)

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Merchant Shipping (Hours of Work) Regulations 2002 Implementing:

  • The hours of work provisions of the European agreement on the organisation of working time of seafarers, brought into effect by Directive 1999/63/ec of 21 June 1999; and
  • Directive 1999/95/ec of 13 December 1999 concerning the enforcement of provisions relating to seafarers' hours of work on vessels calling at community ports.

Purpose and expected benefit of the measure

Description

These Regulations implement the Hours of Work provisions of the Social Partners Agreement on the organisation of working time of seafarers which is introduced by Council Directive 1999/63/EC (the Maritime Working Time Directive - MWTD). The Regulations also implement Directive 1999/95/EC which deals with the enforcement of the Agreement on vessels calling at Community ports.

The Regulations:

  • specify minimum hours of rest for all seafarers on seagoing vessels;
  • specify the circumstances under which young seafarers can work at night;
  • require records of hours of rest to be kept in respect of all seafarers and for the records to be made available for inspection; and
  • prohibit the employment on sea-going ships of persons under 16 years of age.
  • require shipowners to provide information on nightworkers if requested to do so by the Competent Authority; and
  • provide every seafarer with an entitlement to paid annual leave of at least four weeks (or a proportion thereof).
  • provide for the records of UK and Community-registered ships to be inspected and action to be taken against vessels which fail to comply.

That part of the Agreement, which deals with the requirement for seafarers to have a medical certificate attesting to their fitness for the work which they are to undertake at sea, is implemented by separate Regulations.

The Regulations replace Regulations 6 - 10 of The Merchant Shipping (Safe, Manning, Hours of Work and Watchkeeping) Regulations 1997. The minimum hours of rest per seven-day period are increased and the requirement to provide the rest extended to all seafarers.

Risk Assessment

The risk of not implementing the directives would be that the UK Government would be open to infraction proceedings by the Commission. In addition, under the Francovich principle, a failure by the UK to implement individual rights and obligations could render the Government liable to pay compensation to all those affected by such failure.

Options

The alternatives to introducing new regulations are:

  • Do nothing
    This is not an option since the UK's current regulations on the organisation of the working time of seafarers to not meet the minimum requirements of the Directive in terms of both coverage and minimum hours of rest to be provided.
  • Introduce amending, rather than replacement Regulations
    This would be presentationally much less clear.
  • Introduce changes by Merchant Shipping Notice
    Advice is that only by implementing the Directives in regulations will the UK achieve implementation to the satisfaction of the Commission.

Business sectors affected

The new working time and leave provisions apply to anyone employed or engaged in any capacity on a UK ship to which the Regulations apply. The businesses affected will therefore be UK ship operators and managers, operating ships which are registered in the UK and which are certificated for seagoing service. This includes all sectors of merchant shipping in which seafarers are employed. Fishing vessels, pleasure vessels, offshore installations on their working station and tugs which ordinarily do not go beyond the limits of categorised waters are not covered by the Regulations.

Benefits:

The Regulations are intended as a safety measure to reduce fatigue by ensuring that seafarers are provided with a minimum amount of rest. Fatigue has been identified as a significant contributory factor in shipboard accidents so this measure should benefit shipowners and seafarers by reducing fatigue-related accidents. However the causes of accidents are many and complex so, while the effect of reducing fatigue among seafarers will be beneficial, it is difficult to quantify and measure the positive effects attributable solely to that cause.

Compliance Costs

Effects on International Competitiveness

The Regulations will implement a Directive, which all EU Member States must bring into force in respect of the vessels on their registers.

From February 2003 EU Member States will be able to enforce working time standards from the International Labour Organisation Convention 180 on seagoing ships registered outside the EU but calling at EU ports. These standards are equivalent to those in the Directive.

Industry costs

It is the nature of this type of Agreement that the Social Partners enter into them freely and in full knowledge of the costs. In implementing this Agreement we have not made any amendments to the text or imposed any further requirements.

Enforcement

Compliance with the regulations will be considered as part of the overall inspection regime for both UK and non-UK ships. No additional cost for MCA is envisaged as a result of inspection under these regulations.

Summary and Conclusion

The UK is required to implement the working time provisions of Council Directive 1999/63/EC and enforcement provisions of Council Directive 1999/95/EC to meet its legal obligations. A separate RIA, and separate Regulations, will cover implementation of the provisions relating to medical certificates. It is recommended that these Regulations should be made.

Contact point:

Shipping Policy Division
Zone 2/34
Great Minster House
76 Marsham Street
LONDON SW1P 4DR