19 Amendments of Miapetra KUMPULA-NATRI related to 2013/0390(COD)
Amendment 20 #
Proposal for a directive
Recital 3
Recital 3
(3) Insofar as the existence and/or possibility of introducing exclusions is not justified on objective grounds, they and insofar as seafarers are discriminated against, the relevant measures should be suppressed.
Amendment 22 #
Proposal for a directive
Recital 5
Recital 5
(5) The present legal situation, existing in part as result of the specific nature of the seafaring profession, gives rise to unequal treatment of the same category of workers by different Member States, according to whether they apply or not the exemptions and derogations allowed by present legislation. An important number of the Member States have made limited use of those exclusionsemptions and derogations and eight Members States have not made use of them at all and cover seafarers by collective bargaining agreements, which provide a certain level of protection. In addition, the entry into force in August 2013 of the ILO Maritime Labour convention is a step in the right direction, guaranteeing an international level playing field with regard to some, but not all, employees' rights. Furthermore, exclusions are giving rise to unfair competition among Member States which must be brought to an end.
Amendment 24 #
Proposal for a directive
Recital 7
Recital 7
(7) This Directive is in line with the Blue Book28,which stressed the need for an increase in the number and quality of maritime jobs for European citizens and the importance of improving working conditions on board. __________________ 28COM (2007) 575 final of 10 October 2007.
Amendment 27 #
Proposal for a directive
Recital 8 a (new)
Recital 8 a (new)
(8a) The social partners in the maritime and fisheries sector have concluded an agreement of vital importance regarding this Directive. They struck a good balance between the need to improve seafarers' working conditions and the need to take account of the sector's specific features.
Amendment 30 #
Proposal for a directive
Recital 9
Recital 9
(9) Having regard to the technological developments of recent years notably as regards communications technology, the information and consultation requirements should be updated and applied in the most appropriate manner, including the usage of new information and communication technologies.
Amendment 34 #
Proposal for a directive
Recital 10
Recital 10
(10) The rights of seafarers covered by this Directive, recognised by the Member States in the national legislation implementing Directives 2008/94/EC, 2009/38/EC, 2002/14/EC, 98/59/EC and/or 2001/23/EC should be respected. The transposition of this Directive should not justify any regression regarding the situation which already prevails in a Member State.
Amendment 35 #
Proposal for a directive
Recital 11 a (new)
Recital 11 a (new)
(11a) Seafarers have a right to a safe and secure workplace in which safety standards are complied with and should have fair terms of employment and decent living and working conditions, including social protection.
Amendment 36 #
Proposal for a directive
Recital 11 b (new)
Recital 11 b (new)
(11b) The Maritime Labour Convention of 2006 sets out seafarers' rights to decent conditions of work on a wide range of subjects, and provides coherent rights and protection at work for all seafarers, regardless of nationality or vessel flag. It aims to achieve both decent working conditions for seafarers and secure fair competition for ship owners through its global application.
Amendment 37 #
Proposal for a directive
Recital 11 c (new)
Recital 11 c (new)
(11c) The Union should always strive to improve working and living conditions on board ships in order to make them attractive to Union seafarers.
Amendment 38 #
Proposal for a directive
Recital 11 d (new)
Recital 11 d (new)
(11d) The Union should aim to improve internet-based communications on board ships, such as enhancing the availability of internet, ensuring reasonable use on board in order to enhance the implementation of Directives 2008/94/EC, 2009/38/EC, 2002/14/EC, 98/59/EC, 2001/23/EC and this Directive.
Amendment 41 #
Proposal for a directive
Article 2 – point 1 a (new)
Article 2 – point 1 a (new)
Directive 2009/38/EC
Article 10 – paragraph 4 a (new)
Article 10 – paragraph 4 a (new)
(1a) In Article 10, the following paragraph is added: ‘5. A member of a special negotiating body or European Works Council, or his or her representative , who is a member of the crew of a vessel, shall be entitled to participate in meetings of the special negotiating body or European Works Council or any other meeting within the procedure established under Article 6(3) if he or she is not at sea or in a port in a State other than that in which the undertaking is domiciled when the meeting takes place. Meetings shall, wherever possible, be scheduled in such a way so as to allow vessel crew members to attend. With a view to maximising the chances of worker representation, use shall be made, wherever possible, of new information and communication technologies in cases where a member of a special negotiating body or a European Works Council or his or her representative, who is a member of the crew of a vessel is unable to attend a meeting.’
Amendment 42 #
Proposal for a directive
Article 3 – point 1
Article 3 – point 1
Directive 2002/14/EC
Article 3 – paragraph 3
Article 3 – paragraph 3
Article 3(3) is replaced by the following: ‘3. Member States may derogate from this Directive through particular provisions applicable to the crews of vessels plying the high seas, provided that such particular provisions guarantee an equivalent level of protection of the right to information and consultation and its effective exercise by the employees concerndeleted.’
Amendment 43 #
Proposal for a directive
Article 4 – point 1
Article 4 – point 1
Directive 98/59/EC
Article 1
Article 1
(1) Article 1 is amended as follows: (a) In paragraph 1, the following point (c) is added: ‘(c) ´transfer´ is interpreted in the meaning of Directive 2001/23/EC.’ (b) In Article 1(2), point (c) is deleted.
Amendment 44 #
Proposal for a directive
Article 4 – point 2
Article 4 – point 2
Directive 98/59/EC
Article 3 – paragraph 1 – subparagraph 1 a (new)
Article 3 – paragraph 1 – subparagraph 1 a (new)
When the projected collective redundancy concerns members of the crew of a seagoing vessel, the notification shall be made toemployer shall notify the competent authority of the State of the flag which the vessel flies.
Amendment 45 #
Proposal for a directive
Article 4 – point 3
Article 4 – point 3
Directive 98/59/EC
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
Amendment 46 #
Proposal for a directive
Article 5 – point 1
Article 5 – point 1
Directive 2001/23/EC
Article 1 – paragraph 2
Article 1 – paragraph 2
Amendment 48 #
Proposal for a directive
Article 5 – point 2
Article 5 – point 2
Directive 2001/23/EC
Article 1 – paragraph 3
Article 1 – paragraph 3
3. This Directive shall apply to the transfer of a seagoing vessel registered in and/or flyforming part of the transfer of an undertaking, business or part of an undertaking or business withing the flag of a Member State and constituting an undertaking, business or part of an undertaking or business for the purposes of this Directive, even when it is not situated within the territorial scope of the Treatymeaning of paragraph 1, provided that the part transferred is situated within the territorial scope of the Treaty or that the undertaking, business or part of an undertaking or business to be transferred remains within the territorial scope of the Treaty. This Directive shall not apply if the object of the transfer exclusively consists of one or more seagoing vessels.
Amendment 50 #
Proposal for a directive
Article 5 – point 3
Article 5 – point 3
Directive 2001/23/EC
Article 1 – paragraph 4
Article 1 – paragraph 4
Amendment 51 #
Proposal for a directive
Article 8 – paragraph 1 – subparagraph 1
Article 8 – paragraph 1 – subparagraph 1
1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive no later than 5two years after the date of entry into force of this Directive. The Member States shall immediately communicate to the Commission the text of those provisions.