10.12.
2013 EN Official Journal of the European Union L 329/1
I
(Legislative acts)
DIRECTIVES
DIRECTIVE 2013/54/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 20 November 2013
concerning certain flag State responsibilities for compliance with and enforcement of the Maritime
Labour Convention, 2006
(Text with EEA relevance)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE principles to be found in other international labour
EUROPEAN UNION, conventions, adopted the Maritime Labour Convention,
2006 (MLC 2006).
Having regard to the Treaty on the Functioning of the European
Union, and in particular Article 100(2) thereof,
(5) According to Article VIII thereof, the MLC 2006 is to
come into force 12 months after the date on which there
Having regard to the proposal from the European Commission, have been registered ratifications by at least 30 Members
of the ILO with a total share in the world gross tonnage
of ships of 33 %. This condition was fulfilled on
After transmission of the draft legislative act to the national 20 August 2012, and MLC 2006 therefore entered into
parliaments, force on 20 August 2013.
Having regard to the opinion of the European Economic and
Social Committee (1), (6) Council Decision 2007/431/EC (3) authorised the
Member States to ratify MLC 2006, and Member States
are urged to do so as soon as possible.
After consulting the Committee of the Regions,
Acting in accordance with the ordinary legislative procedure (2), (7) MLC 2006 sets out minimum global standards to ensure
the right of all seafarers to decent living and working
conditions, irrespective of their nationality and irre
Whereas: spective of the flag of the ships on which they serve,
and to establish a level playing field.
(1) Union action in the field of maritime transport aims,
inter alia, to improve the shipboard living and working
conditions of seafarers, security and safety at sea and to (8) Various parts of MLC 2006 have been introduced into
prevent pollution caused by maritime accidents. different Union instruments both as regards flag State
and port State obligations. The aim of this Directive is
to introduce certain compliance and enforcement provi
(2) The Union is aware of the fact that most accidents at sea sions, envisaged in Title 5 of MLC 2006, which relate to
are directly caused by human factors, especially fatigue. those parts of MLC 2006 in respect of which the
required compliance and enforcement provisions have
not yet been adopted. Those parts correspond to the
(3) One of the main objectives of the maritime safety policy elements set out in the Annex to Council Directive
of the Union is to eradicate substandard shipping. 2009/13/EC (4).
(4) On 23 February 2006, the International Labour Organi (3) Council Decision 2007/431/EC of 7 of June 2007 authorising
sation (ILO), desiring to create a single, coherent and up- Member States to ratify, in the interests of the European
to-date instrument that also embodies the fundamental Community, the Maritime Labour Convention, 2006, of the Inter
national Labour Organisation (OJ L 161, 22.6.2007, p. 63).
(4) Council Directive 2009/13/EC of 16 February 2009 implementing
(1) OJ C 299, 4.10.2012, p. 153. the Agreement concluded by the European Community Shipowners’
(2) Position of the European Parliament of 8 October 2013 (not yet Associations (ECSA) and the European Transport Workers’
published in the Official Journal) and decision of the Council of Federation (ETF) on the Maritime Labour Convention, 2006 and
15 November 2013. amending Directive 1999/63/EC (OJ L 124, 20.5.2009, p. 30).
L 329/2 EN Official Journal of the European Union 10.12.2013
(9) Directive 2009/13/EC implements the Agreement (14) Since the objectives of this Directive cannot be suffi
concluded by the European Community Shipowners’ ciently achieved by the Member States but can rather,
Associations (ECSA) and the European Transport by reason of the scale and effects of the action, be
Workers’ Federation (ETF) on the Maritime Labour better achieved at the level of the Union, the Union
Convention, 2006 (‘the Agreement’), annexed thereto. may adopt measures, in accordance with the principle
This Directive is without prejudice to Directive of subsidiarity as set out in Article 5 of the Treaty on
2009/13/EC and should therefore ensure compliance European Union. In accordance with the principle of
with more favourable provisions of Union law in proportionality, as set out in that Article, this Directive
conformity with that Directive. does not go beyond what is necessary in order to achieve
those objectives.
(10) Although Directive 2009/21/EC of the European
Parliament and of the Council (1) governs flag State (15) Under no circumstances should the application of this
responsibilities, incorporating the voluntary IMO Directive lead to a reduction in the level of protection
Member States audit scheme into Union law, and intro currently enjoyed by seafarers under Union law,
ducing the certification of quality of national maritime
authorities, a separate Directive covering the maritime
labour standards would be more appropriate and
would more clearly reflect the different purposes and
procedures, without affecting Directive 2009/21/EC. HAVE ADOPTED THIS DIRECTIVE:
Article 1
(11) Directive 2009/21/EC applies to IMO Conventions. In
any event, Member States could develop, implement Subject matter
and maintain a quality management system for the oper
ational parts of the flag State-related activities of their This Directive lays down rules to ensure that Member States
maritime administration falling within the scope of this effectively discharge their obligations as flag States with respect
Directive. to the implementation of the relevant parts of MLC 2006. This
Directive is without prejudice to Directives 2009/13/EC and
2009/21/EC, and to any higher standards for living and
working conditions for seafarers set out therein.
(12) Member States should ensure the effective discharge of
their obligations as flag States with respect to the imple
mentation, by ships flying their flag, of the relevant parts Article 2
of MLC 2006. In establishing an effective system for
monitoring mechanisms, including inspections, a Definitions
Member State could, where appropriate, grant authori
For the purposes of this Directive, the following definition shall
sation to public institutions, or to other organisations
apply in addition to the relevant definitions set out in the
within the meaning of Regulation 5.1.2 of MLC 2006,
Annex to Directive 2009/13/EC:
under the conditions set out therein.
‘relevant parts of MLC 2006’ means the parts of MLC 2006 of
(13) According to Article 2(3)(c) of Regulation (EC) No which the content shall be considered as corresponding to the
1406/2002 of the European Parliament and of the Coun provisions in the Annex to Directive 2009/13/EC.
cil (2) the mandate of the European Maritime Safety
Agency includes, as a core task, that the Agency
should work with the Member States to provide, at the
request of a Member State, appropriate information in
order to support the monitoring of recognised organi Article 3
sations acting on behalf of that Member State, without
prejudice to the rights and obligations of the flag State. Monitoring of compliance
1. Member States shall ensure that effective and appropriate
(1) Directive 2009/21/EC of the European Parliament and of the enforcement and monitoring mechanisms, including inspections
Council of 23 April 2009 on compliance with flag State
at the intervals provided for in MLC 2006, are established in
requirements (OJ L 131, 28.5.2009, p. 132).
(2) Regulation (EC) No 1406/2002 of the European Parliament and of order to ensure that the living and working conditions of
the Council of 27 June 2002 establishing a European Maritime seafarers on ships flying their flag meet, and continue to
Safety Agency (OJ L 208, 5.8.2002, p. 1). meet, the requirements of the relevant parts of MLC 2006.
10.12.2013 EN Official Journal of the European Union L 329/3
2. With respect to ships of less than 200 gross tonnage not (a) a system to ensure the adequacy of work performed by
engaged in international voyages, Member States may, in recognised organisations, which includes information on
consultation with the shipowners’ and seafarers’ organisations all applicable national laws and regulations and relevant
concerned, decide to adapt, pursuant to Article II, paragraph 6 international instruments; and
of MLC 2006, monitoring mechanisms, including inspections,
to take account of the specific conditions relating to such ships.
(b) procedures for communication with and oversight of such
organisations.
3. When fulfilling their obligations under this Article,
Member States may, where appropriate, authorise public insti
tutions or other organisations, including those of another
Member State, if the latter agrees, which they recognise as 4. Each Member State shall provide the International Labour
having sufficient capacity, competence and independence, to Office with a current list of any recognised organisations auth
carry out inspections. In all cases, a Member State shall orised to act on its behalf, and shall keep this list up to date.
remain fully responsible for the inspection of the living and The list shall specify the functions that the recognised organi
working conditions of the seafarers concerned on ships that sations have been authorised to carry out.
fly the flag of that Member State. This provision is without
prejudice to Directive 2009/15/EC of the European Parliament
and of the Council (1).
Article 5
On-board complaint procedures, handling of complaints
4. Member States shall establish clear objectives and
and corrective measures
standards covering the administration of their inspection
systems, as well as adequate overall procedures for their 1. Each Member State shall ensure that, in its laws or regu
assessment of the extent to which those objectives and lations, appropriate on-board complaint procedures are in place.
standards are being attained.
2. If a Member State receives a complaint which it does not
5. A Member State shall ensure that seafarers on board ships
consider manifestly unfounded or obtains evidence that a ship
flying the flag of that Member State have access to a copy of the
that flies its flag does not conform to the requirements of the
Agreement. The access may be provided electronically.
relevant parts of MLC 2006 or that there are serious deficiencies
in its implementing measures, that Member State shall take the
steps necessary to investigate the matter and ensure that action
Article 4 is taken to remedy any deficiencies found.
Personnel in charge of compliance monitoring
1. Member States shall ensure that personnel, including staff
from institutions or other organisations (‘recognised organisa 3. Personnel dealing with or becoming aware of complaints
tions’ within the meaning of MLC 2006), authorised to carry shall treat as confidential the source of any grievance or
out inspections in accordance with Article 3(3) and in charge of complaint alleging a danger or deficiency in relation to seafarers’
verifying the proper implementation of the relevant parts of living and working conditions or a violation of laws and regu
MLC 2006, have the training, competence, terms of reference, lations and shall give no intimation to the shipowner, the
full legal authority, status and independence necessary or shipowner’s representative or the operator of the ship that an
desirable to enable them to carry out that verification and to inspection was made as a consequence of such a grievance or
ensure compliance with the relevant parts of MLC 2006. In complaint.
accordance with MLC 2006, inspectors shall be empowered
to take steps, as appropriate, to prohibit a ship from leaving
port until necessary actions are taken.
Article 6
Reports
2. All authorisations granted with respect to inspections 1. The Commission shall, in the context of its reports to be
shall, as a minimum, empower the recognised organisation to established in accordance with Article 9 of Directive
require the rectification of deficiencies that it identifies in 2009/21/EC, include matters falling within the scope of this
seafarers’ living and working conditions, and to carry out Directive.
inspections in that regard at the request of a port State.
3. Each Member State shall establish: 2. No later than 31 December 2018, the Commission shall
submit a report to the European Parliament and to the Council
on the implementation and application of Regulation 5.3 of
(1) Directive 2009/15/EC of the European Parliament and of the
Council of 23 April 2009 on common rules and standards for MLC 2006 regarding labour-supplying responsibilities. If appro
ship inspection and survey organisations and for the relevant priate, the report may include proposals for measures to
activities of maritime administrations (OJ L 131, 28.5.2009, p. 47). enhance living and working conditions in the maritime sector.
L 329/4 EN Official Journal of the European Union 10.12.2013
Article 7 Article 8
Transposition Entry into force
1. Member States shall bring into force the laws, regulations This Directive shall enter into force on the twentieth day
and administrative provisions necessary to comply with this following that of its publication in the Official Journal of the
Directive by 31 March 2015. They shall forthwith communicate European Union.
to the Commission the text of those provisions.
Article 9
Addressees
When Member States adopt those measures, they shall contain a This Directive is addressed to the Member States.
reference to this Directive or shall be accompanied by such a
reference on the occasion of their official publication. The
methods for making such references shall be laid down by Done at Strasbourg, 20 November 2013.
Member States.
For the European Parliament For the Council
2. Member States shall communicate to the Commission the
The President The President
text of the main measures of national law which they adopt in
the field covered by this Directive. M. SCHULZ V. LEŠKEVIČIUS
Commission statement
‘The Commission considers that the title does not properly reflect the scope of the Directive.’
