S.I. No 672 of 2019 European Union (International Labour Organisation Work
in Fishing Convention) (Working Hours) Regulations 2019
Marine Notice No. 03 of 2020
Notice to all Fishing Vessel Owners, Agents, Skippers, Fishers and
Seafarers
1. Background
The
Work in Fishing Convention, 2007 (C188) was adopted at the 96th
session of the International Labour Conference in June 2007. It aims to
ensure decent conditions of work in the fishing sector with regard to minimum
requirements for work on board fishing vessels; conditions of service;
accommodation and food; medical care and health protection; and social
security. The Convention entered into force on 16 November 2017 and,
so far, 14 Member States of the ILO have ratified it.
On
31 January 2017, Council Directive (EU) 2017/159 was published in the Official
Journal of the European Union (OJ No. L 25, 31.1.2017, p.12). This Directive
contains a Social Partners’ Agreement, concluded on 21 May 2012, which aims to
implement the Work in Fishing Convention.
The
European Union (International Labour Organisation Work in Fishing Convention)
(Working Hours) Regulations 2019, (S.I. No 672 of 2019) was signed into law on
19 December 2019 and gives effect to the provisions of Article 11 of the Annex
to Council Directive 2017/159/EU.
2. Objective of the Regulations
The
objective of the Regulations is to give effect to provisions of Article 11 of
the Annex to Council Directive 2017/159/EU which relate to Hours of Work and
Rest. They
prescribe maximum hours of work and minimum hours of rest for workers on board
sea-going fishing vessels, require records to be kept of their hours of work or
rest and provide for enforcement measures.
3. Application
The
Regulations apply to sea fishing vessels which are registered in the State.
The
European Communities (Workers on Board Sea-Going Fishing Vessels) (Organisation
of Working Time) Regulations 2003 (S.I. No. 709 of 2003) no longer applies to those
workers to which the European
Union (International Labour Organisation Work in Fishing Convention) (Working
Hours) Regulations 2019, (S.I. No 672 of 2019) apply.
4. Competent Authority
The
Marine Survey Office is designated as the competent authority in the State for
the purposes of the Regulations.
5. Hours of Work and Rest
Article
11 of the Annex to Council Directive (EU) 2017/159 set specific limits on
fishers’ hours of work and rest, which are as follows:
Subject
to the limit of an average of 48 hours of work a week over a reference period
not exceeding 12 months, the limits on hours of work and rest in respect of a
worker on board a sea-going fishing vessel are as follows:
· maximum hours of
work shall not exceed 14 hours in any 24-hour period, and 72 hours in any
seven-day period; or
· minimum hours of
rest shall not be less than 10 hours in any 24-hour period, and 77 hours in any
seven-day period
6. Record Keeping
The
master, or a person authorised by the master, shall maintain on board the
fishing vessel a record of the daily hours of work or rest for every fisherman
on board the vessel. Each record shall be completed monthly in arrears and
shall be endorsed by the master (or a person authorised by the
master), and by the relevant fisherman no later than 7 days after the last day
of the calendar month to which the record relates. The relevant fisherman
should be given a copy of the endorsed record. Each record should be retained for
at least one year from the date of its making.
Please
refer to Appendix 1 for a sample form which can be used to provide evidence of
compliance with these Regulations.
7. Enforcement
In
order to ensure compliance with these Regulations, a surveyor of ships, may do
any of the following:
(a) at all reasonable times board any
fishing vessel while the vessel is in the State;
(b) search and inspect the fishing vessel
and any documents or records found on board;
(c) require any person on board the fishing vessel
to produce any report, document or record the surveyor of ships may reasonably
require for the purposes of his or her functions under these Regulations;
(d) inspect, examine and take copies or
extracts from or take away, any report, document or record that the surveyor of
ships finds in the course of his or her inspection and require the relevant person
to certify the copy as a true copy;
(e) detain a vessel that fails to comply
with the provisions of hours of work or hours of rest in these Regulations and
where detention is deemed necessary for the protection of the health and safety
of the fishermen on board.
Notice of detention
Where
a fishing vessel has been detained, the Marine Survey Office, in its role as competent
authority shall serve a notice of detention on the owner or the master. The
notice of detention shall amongst other things, state the grounds upon which
the fishing vessel is being detained and specify the action to be taken before
the notice will be withdrawn.
An
owner or master on whom a notice of detention has been served who is of the
opinion that the notice of detention has been complied with shall inform the
competent authority in writing. Where appropriate, the competent authority may
withdraw the notice of detention.
Direction
Where
the competent authority considers that an owner or master is failing to comply
with these Regulations, the competent authority may serve a direction on that
person.
A
direction may amongst other things, state the grounds upon which the direction
is made and specify the action to
be taken by the person on whom the direction is served and where appropriate,
the period within which that action shall be taken.
A
direction shall be complied with within such period as may be specified in the
direction.
Marine
Notices are issued purely for maritime safety and navigation reasons and should
not be construed as conferring rights or granting permissions.
Irish Maritime
Administration,
Department of
Transport, Tourism and Sport,
Leeson Lane, Dublin 2, D02
TR60, Ireland.
06/01/2020
Appendix 1: Sample Form
Download Pdf file
Appendix 2: Article 11 of the Annex to Council Directive
(EU) 2017/159
Article 11: Hours of Work and Hours of Rest
1. (a) Articles 3 to 6
inclusive, 8, and 21 of Directive 2003/88/EC shall not apply to fishermen
covered under this Agreement.
(b) Each Member State
shall, however, adopt laws, regulations or other measures requiring that owners
of vessels flying its flag ensure that fishermen are entitled to adequate rest
and that the fishermen's hours of work are limited to 48 hours a week on
average, calculated over a reference period not exceeding 12 months.
2. (a) Within the
limits set out in paragraph 1, subparagraph (b), and paragraphs 3 and 4 of this
Article, each Member State shall, after consultation, take the necessary
measures to ensure that, in keeping with the need to protect the safety and
health of the fishermen and for the purpose of limiting fatigue:
(i) the working hours
are limited to a maximum number of hours which shall not be exceeded in a given
period of time;
or
(ii) a minimum number
of hours of rest are provided within a given period of time.
(b) The maximum number
of hours of work or the minimum hours of rest shall be specified by law,
regulations, administrative provisions or by collective agreements or
agreements between the two sides of the industry.
3. The limits on hours
of work or rest shall be either:
(a) maximum hours of
work which shall not exceed:
(i) 14 hours
in any 24-hour period, and
(ii) 72
hours in any seven-day period;
or
(b) minimum hours of
rest which shall not be less than:
(i) 10 hours in any
24-hour period, and
(ii) 77 hours in any
seven-day period.
4. Hours of rest may be
divided into no more than two periods, one of which shall be at least six hours
in length, and the interval between two consecutive periods of rest shall not
exceed 14 hours.