Legal provisions of COM(2016)235 - Implementation of the Agreement concluded between COGECA, ETF and EUROPÊCHE of 21 May 2012 concerning the implementation of the Work in Fishing Convention, 2007 of the ILO

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dossier COM(2016)235 - Implementation of the Agreement concluded between COGECA, ETF and EUROPÊCHE of 21 May 2012 concerning the implementation of ...
document COM(2016)235 EN
date December 19, 2016

Contents

Article 1

This Directive shall implement the Agreement concerning the implementation of the Work in Fishing Convention, 2007 of the International Labour Organisation, concluded on 21 May 2012 between management and labour (‘social partners’) at Union level in the sea-fisheries sector, namely the General Confederation of Agricultural Cooperatives in the European Union (Cogeca), the European Transport Workers' Federation (ETF) and the Association of National Organisations of Fishing Enterprises in the European Union (Europêche).

The text of the Agreement is set out in the Annex to this Directive.

Article 2

1. Member States may maintain or introduce provisions more favourable to workers in the sea fishing sector than those laid down in this Directive.

2. The implementation of this Directive shall under no circumstances constitute sufficient grounds for justifying a reduction in the general level of protection of workers in the fields covered by this Directive. This shall be without prejudice to the rights of Member States and social partners to adopt, in the light of changing circumstances, different laws and regulations or make different contractual arrangements to those prevailing at the time of the adoption of this Directive, provided always that the minimum requirements laid down in this Directive are complied with.

3. The application and interpretation of this Directive shall be without prejudice to any Union or national provision, custom or practice providing for more favourable conditions for the workers concerned.

Article 3

Member States shall determine what penalties are applicable when national provisions enacted pursuant to this Directive are infringed. The penalties shall be effective, proportionate and dissuasive.

Article 4

1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 15 November 2019. They shall immediately inform the Commission thereof.

When Member States adopt those provisions, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.

2. Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.

Article 5

The Commission shall, after consulting the Member States and the social partners at Union level, present a report to the Council on the implementation, application and evaluation of this Directive no later than 15 November 2022.

Article 6

This Directive shall enter into force on the day of entry into force of the International Labour Organization Work in Fishing Convention, 2007.

The Commission shall publish in the Official Journal of the European Union the date of entry into force of that Convention.

Article 7

This Directive is addressed to the Member States.