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Fisheries Policies Where is the fisher? Every worker has the right to working conditions which respect his or her health, safety and dignity Charter.

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Presentation on theme: "Fisheries Policies Where is the fisher? Every worker has the right to working conditions which respect his or her health, safety and dignity Charter."— Presentation transcript:

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2 Fisheries Policies Where is the fisher?

3 Every worker has the right to working conditions which respect his or her health, safety and dignity Charter of Fundamental Rights of the European Union

4 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

5 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

6 Safety at Sea in Fishing

7 United Nations Convention on the Law of the Sea

8 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 Communitys declaration deposited with the Secretary-General of the United Nations

9 United Nations Convention on the Law of the Sea 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 Seas regime for EEZs Important provision in relation to partnership agreements for fishing between the European Union and third countries

10 United Nations Convention on the Law of the Sea 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

11 United Nations Convention on the Law of the Sea 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

12 United Nations Convention on the Law of the Sea 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

13 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

14 Construction, Equipment, Seaworthiness International instruments concerning construction, equipment and seaworthiness of fishing vessels –Torremolinos International Convention for the Safety of Fishing Vessels, as amended - of the International 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

15 Social Matters On social matters concerning the crew (examples): –International Labour Organization (ILO) Fishermens 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

16 Social Matters On social matters concerning the crew (examples) –Flag State The Netherlands Civil Code (not exhaustive by far) –Fishers 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

17 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 process has started

18 Manning and Qualifications 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

19 Manning and Qualifications 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

20 Manning and Qualifications 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

21 Manning and Qualifications 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

22 Manning and Qualifications European Union –No specific legislation IMOs STCW-F Convention will not be transposed into EU legislation –This goes against EU social partners advice –Social partners agreement on implementation of ILOs Work in Fishing Convention, 2007 (C188) Not in force To be transposed into a Council Directive applying to all EU Member States

23 Manning and Qualifications 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

24 Manning and Qualifications 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

25 Manning and Qualifications 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

26 Manning and Qualifications 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

27 Manning and Qualifications Flag State The Netherlands –Seafarers Act (Wet zeevarenden) Before being assigned any shipboard duties all fishers shall 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

28 Manning and Qualifications 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

29 Fisheries Partnership Agreements of the European Union and Safety at Sea in Fishing

30 United Nations Convention on the Law of the Sea The coastal State has sovereign rights for exploring and exploiting, conserving and managing living natural resources Managed by Regional Fisheries Management Organizations

31 United Nations Convention on the Law of the Sea 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 States conservation measures and other terms and conditions established in the coastal States laws and regulations

32 United Nations Convention on the Law of the Sea Article 62 (continued) –Such coastal States 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

33 United Nations Convention on the Law of the Sea 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 UNCLOSs regime on EEZs UNCLOSs regime for EEZs does not attribute rights and duties to coastal States concerning safety at sea as referred to in its Article 94

34 United Nations Convention on the Law of the Sea 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

35 United Nations Convention on the Law of the Sea 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

36 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 States and Fisheries opportunities for Community fishing vessels

37 EU Fisheries Partnership Agreements 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 vessels total crew minus 4 officers This requirement is unconditional in that the local fishers do not have to comply with the flag States requirements concerning manning and crews qualifications

38 EU Fisheries Partnership Agreements 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 States crewing requirements

39 EU Fisheries Partnership Agreements 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?

40 EU Fisheries Partnership Agreements 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

41 Fish is food Fishers harvest it for you


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