COM(2009)599 - Practical implementation of Health and Safety at Work Directives 93/103/EC (fishing vessels) and 92/29/EEC (medical treatment on board vessels)
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official title
Report from the Commission to the Council, the European Parliament, the European Economic and Social Committee and the Committee of the Regions on the practical implementation of Health and Safety at Work Directives 93/103/EC (fishing vessels) and 92/29/EEC (medical treatment on board vessels)Legal instrument | Report |
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reference by COM-number73 | COM(2009)599 ![]() |
Additional COM-numbers | COM(2009)599 |
CELEX number76 | 52009DC0599 |
Document | 29-10-2009 |
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Online publication | 29-10-2009 |
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- 1.OJ L 113, 30.4.1992, p. 19 .
- 2.E.g. the International Convention for the Safety of Life at Sea (SOLAS), the Maritime Labour Convention and the Work in Fishing Convention. Neither does the report cover Council Directive 2009/13/EC of 16 February 2009 implementing the Agreement concluded by the European Community
- 3.Sent to the Commission under Articles 13(3) and 9(3) of the two Directives (subsequently repealed by Directive 2007/30/EC).
- 4.France, Spain, Finland, the Netherlands, Germany and Ireland.
- 5.Council Regulation (EC) No 2062/94 (OJ L 216, 20.8.1994, p. 1)
- 7.As demonstrated by the French case study. The Spanish case study notes resistance to improvements from outside, including awareness campaigns by the authorities.
- 8.Such as Belgium and Finland.
- 9.Belgium, Finland and France.
- 10.Nine procedures for non-communication were initiated as regards Directive 92/29/EEC, one of which resulted in a judgment by the Court of Justice (Case C-410/97 Commission v Luxemburg
- 11.Council Decision of 22 July 2003 setting up an Advisory Committee on Safety and Health at Work (OJ C 218, 13.9.2003, p. 1).
- 12.According to the European Parliament report Fisheries: safety and causes of accidents (12 March 2001), the Directive is estimated to cover only 8 % of vessels operating.
- 13.Council 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 ( OJ L 183, 29.6.1989, p. 1)
- 14.The French case study describes how crew size has fallen from nine to five workers in vessels approximately 24 m in length.
- 15.Penosidad y Riesgo en las actividades pesquera. Las condiciones de trabajo y de salud de los trabajadores de la pesca en Cantabria (Harshness and Risk in fishing activities. Work and health conditions in fisheries workers in Cantabria), Labour Asociados, 2003. The causes of exhaustion mentioned are physical effort, long working hours and the need to adopt uncomfortable positions frequently.
- 16.OJ L 307, 13.12.1993, p. 1.
- 17.In the Communication Improving quality and productivity at work: Community strategy 2007-2012 on health and safety at work, COM(2007) 62 final of 21.2.2007.
- 18.OJ L 307, 13.12.1993, p. 1.
- 19.A new public body responsible for the safety of fishermen has been set up only in Ireland, while no significant changes have been made to the existing institutions in the other Member States. The independent
- 20.The most common inspection method is the preparation of control lists on the
- 21.Inspections appear no less strict when a vessel is close to the date of scrapping, though skippers/captains are reportedly less inclined to make investments in safety in such cases.
- 22.Inspections at sea are only carried out on ships over 24 m, as smaller vessels seldom notify their intention of putting out to sea.
- 23.The Spanish case study noted that engaging an outside firm failed to make fishermen more aware of their responsibility for their own and other persons' safety and health.
- 24.The Spanish case study mentioned that the fishermen had received no specific training even from their trade union.
- 25.In the Communication Improving quality and productivity at work: Community strategy 2007-2012 on health and safety at work, COM(2007) 62 final of 21.2.2007.
- 26.OJ L 307, 13.12.1993, p. 1.
- 27.OJ L 113, 30.4.1992, p. 19 .
- 28.France referred to difficulties in meeting certain requirements in Directives 2002/44/EC (vibrations) and Directive 2003/10/EC (noise) on fishing vessels.
- 29.Denmark solved this problem by designing backpacks for the smaller medicine chests.
- 30.Denmark reports that outside Europe it may be extremely difficult to buy medicine due to restrictive national legislation.
- 31.For example, the Commission should propose detailed objectives for training for persons providing medical treatment.
- 32.A problem arises, nonetheless, when technological improvements are not followed up with the relevant worker training.
- 33.ESAW-European statistics on accidents at work, and EODS-European occupational disease statistics. The data are not entirely comparable because the data-collection criteria are not completely compatible. The actual scope of the problem continues to be underestimated in voluntary systems for the recording of accidents at work. However, Regulation No 1338/08 of the European Parliament and of the Council of 16 December 2008 on Community statistics on public health and health and safety at work (OJ L 304, 31.12.2008, p. 70) is to improve the harmonisation of reporting.
- 34.The 2007 Labour Force Survey does not cover accidents and health problems in the fishing sector as the reliability criteria are not met.
- 35.For example, vessels over 12 m in length make up no more than a quarter of the fleet in any Member State.
- 36.The review of the CFP to make it more efficient in ensuring the economic viability of the European fleets, conserving fish stocks, integrating with the Maritime Policy and providing good quality food to consumers was launched in 2008, see ec.europa.eu/fisheries/cfp/review_en.
- 37.OJ L 113, 30.4.1992, p. 19 .
- 38.E.g. the International Convention for the Safety of Life at Sea (SOLAS), the Maritime Labour Convention and the Work in Fishing Convention. Neither does the report cover Council Directive 2009/13/EC of 16 February 2009 implementing the Agreement concluded by the European Community
- 39.Sent to the Commission under Articles 13(3) and 9(3) of the two Directives (subsequently repealed by Directive 2007/30/EC).
- 40.France, Spain, Finland, the Netherlands, Germany and Ireland.
- 41.Council Regulation (EC) No 2062/94 (OJ L 216, 20.8.1994, p.
1)
- 43.As demonstrated by the French case study. The Spanish case study notes resistance to improvements from outside, including awareness campaigns by the authorities.
- 44.Such as Belgium and Finland.
- 45.Belgium, Finland and France.
- 46.Nine procedures for non-communication were initiated as regards Directive 92/29/EEC, one of which resulted in a judgment by the Court of Justice (Case C-410/97 Commission v Luxemburg
- 47.Council Decision of 22 July 2003 setting up an Advisory Committee on Safety and Health at Work (OJ C 218, 13.9.2003, p.
1).
- 48.According to the European Parliament report Fisheries: safety and causes of accidents (12 March 2001), the Directive is estimated to cover only 8 % of vessels operating.
- 49.Council 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 ( OJ L 183, 29.6.1989, p.
1)
- 50.The French case study describes how crew size has fallen from nine to five workers in vessels approximately 24 m in length.
- 51.Penosidad y Riesgo en las actividades pesquera. Las condiciones de trabajo y de salud de los trabajadores de la pesca en Cantabria (Harshness and Risk in fishing activities. Work and health conditions in fisheries workers in Cantabria), Labour Asociados, 2003. The causes of exhaustion mentioned are physical effort, long working hours and the need to adopt uncomfortable positions frequently.
- 52.OJ L 307, 13.12.1993, p. 1.
- 53.In the Communication Improving quality and productivity at work: Community strategy 2007-2012 on health and safety at work, COM(2007) 62 final of 21.2.2007.
- 54.OJ L 307, 13.12.1993, p. 1.
- 55.A new public body responsible for the safety of fishermen has been set up only in Ireland, while no significant changes have been made to the existing institutions in the other Member States. The independent
- 56.The most common inspection method is the preparation of control lists on the
- 57.Inspections appear no less strict when a vessel is close to the date of scrapping, though skippers/captains are reportedly less inclined to make investments in safety in such cases.
- 58.Inspections at sea are only carried out on ships over 24 m, as smaller vessels seldom notify their intention of putting out to sea.
- 59.The Spanish case study noted that engaging an outside firm failed to make fishermen more aware of their responsibility for their own and other persons' safety and health.
- 60.The Spanish case study mentioned that the fishermen had received no specific training even from their trade union.
- 61.In the Communication Improving quality and productivity at work: Community strategy 2007-2012 on health and safety at work, COM(2007) 62 final of 21.2.2007.
- 62.OJ L 307, 13.12.1993, p. 1.
- 63.OJ L 113, 30.4.1992, p. 19 .
- 64.France referred to difficulties in meeting certain requirements in Directives 2002/44/EC (vibrations) and Directive 2003/10/EC (noise) on fishing vessels.
- 65.Denmark solved this problem by designing backpacks for the smaller medicine chests.
- 66.Denmark reports that outside Europe it may be extremely difficult to buy medicine due to restrictive national legislation.
- 67.For example, the Commission should propose detailed objectives for training for persons providing medical treatment.
- 68.A problem arises, nonetheless, when technological improvements are not followed up with the relevant worker training.
- 69.ESAW-European statistics on accidents at work, and EODS-European occupational disease statistics. The data are not entirely comparable because the data-collection criteria are not completely compatible. The actual scope of the problem continues to be underestimated in voluntary systems for the recording of accidents at work. However, Regulation No 1338/08 of the European Parliament and of the Council of 16 December 2008 on Community statistics on public health and health and safety at work (OJ L 304, 31.12.2008, p. 70) is to improve the harmonisation of reporting.
- 70.The 2007 Labour Force Survey does not cover accidents and health problems in the fishing sector as the reliability criteria are not met.
- 71.For example, vessels over 12 m in length make up no more than a quarter of the fleet in any Member State.
- 72.The review of the CFP to make it more efficient in ensuring the economic viability of the European fleets, conserving fish stocks, integrating with the Maritime Policy and providing good quality food to consumers was launched in 2008, see -->