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Council Directive 93/103/EC of 23 November 1993 concerning the minimum safety and health requirements for work on board fishing vessels (thirteenth individual Directive within the meaning of Article 16 (1) of Directive 89/391/EEC)

EU Directive 1993/103 · Adopted 23 November 1993 · Extends to United Kingdom

Original text. legislation.gov.uk does not revise this item, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Council Directive 93/103/EC

of 23 November 1993

concerning the minimum safety and health requirements for work on board fishing vessels (thirteenth individual Directive within the meaning of Article 16 (1) of Directive 89/391/EEC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 118a thereof,

Having regard to the proposal from the Commissionf1, drawn up after consultation with the Advisory Committee on Safety, Hygiene and Health Protection at Work,

In cooperation with the European Parliamentf2,

Having regard to the opinion of the Economic and Social Committeef3,

Whereas, in its resolution of 21 December 1987 on safety, hygiene and health at workf4, the Council noted the Commission's intention of submitting to it minimum requirements concerning the organization of the safety and health of workers at work;

Whereas occupational safety and health measures should be introduced as part of the various Community measures for the fisheries sector;

Whereas compliance with the minimum requirements for ensuring a better level of safety and health on board fishing vessels is essential to ensure the safety and health of the workers concerned;

Whereas, because of the specific and particularly difficult working and living conditions on board fishing vessels, the incidence of fatal accidents among workers engaged in sea fishing is very high;

Whereas, on 15 April 1988, the European Parliament adopted a resolution recognizing the importance of the preventive aspects of safety at work on board fishing vessels;

Whereas, for the safety and health of the workers concerned, prominence should be given to locating fishing vessels in an emergency, particularly through the use of new technologies;

Whereas this Directive is an individual Directive within the meaning of Article 16 (1) of 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 workf5; whereas, therefore, the provisions thereof are fully applicable to work on board fishing vessels, without prejudice to more stringent and/or specific provisions contained in this Directive;

Whereas the individual Directives already adopted in the field of safety and health at work apply, unless otherwise specified, to sea fishing; whereas, therefore, it may in some cases be necessary to specify the particular characteristics of this activity in order to ensure that the individual Directives are applied in the best way;

Whereas Council Directive 92/29/EEC of 31 March 1992 on the minimum safety and health requirements for improved medical treatment on board vesselsf6 is applicable in full to the sea fishing industry;

Whereas this Directive constitutes concrete progress towards the achievement of the social dimension of the internal market,

HAS ADOPTED THIS DIRECTIVE:

Annotations to the whole text

Footnotes

f1

OJ No C 337, 31.12.1991, p. 21; OJ No C 311, 27.11.1992, p. 21.

f2

OJ No C 241, 21.9.1992, p. 106; and Decision of 27 October 1993 (not yet published in the Official Journal).

f3

OJ No C 169, 6.7.1992, p. 46.

f4

OJ No C 28, 3.2.1988, p. 1.

f5

OJ No L 183, 29.6.1989, p. 1.

f6

OJ No L 113, 30.4.1992, p. 19.

Contents

  1. 1Object
  2. 2Definitions
  3. 3General provisions
  4. 4New fishing vessels
  5. 5Existing fishing vessels
  6. 6Extensive repairs, conversions and alterations
  7. 7Equipment and maintenance
  8. 8Information for workers
  9. 9Training of workers
  10. 10Detailed training of persons likely to command a vessel
  11. 11Consultation and participation of workers
  12. 12Adaptation of the Annexes
  13. 13Final provisions
  14. 14Article 14
  15. Annex I: MINIMUM SAFETY AND HEALTH REQUIREMENTS FOR NEW FISHING VESSELS
  16. Preliminary note
  17. Seaworthiness and stability
  18. 1.1Division 1.1
  19. 1.2Division 1.2
  20. 1.3All vessels must be sufficiently stable when intact in the conditions of service for which they are intended.
  21. Mechanical and electrical installations
  22. 2.1Electrical installations must be designed and constructed so as not to present any danger and so as to ensure:
  23. 2.2An emergency electrical power source must be provided.
  24. 2.3Division 2.3
  25. 2.4Division 2.4
  26. 2.5Division 2.5
  27. 2.6Division 2.6
  28. 2.7Division 2.7
  29. 2.8Division 2.8
  30. 2.9Cooking and domestic appliances using heavy gases should be used only in well ventilated spaces and care should be taken to avoid any dangerous accumulation of gas.
  31. 3Radio installation
  32. Emergency routes and exits
  33. 4.1Division 4.1
  34. 4.2The number, distribution and dimensions of the routes and exits which can be used as emergency routes and exits must depend on the use, equipment and dimensions of workplaces and living areas and on the maximum potential number of persons present.
  35. 4.3Emergency doors and other emergency exits must be adequately weatherproof and watertight for their location and particular function.
  36. 4.4Emergency routes and exits must be indicated by signs in accordance with national provisions transposing Directive 92/58/EEC.
  37. 4.5Division 4.5
  38. Fire detection and fire fighting
  39. 5.1Division 5.1
  40. 5.2Fire-fighting equipment must always be kept in its proper location, maintained in good working order, and be available for immediate use.
  41. 5.3Manually-operated fire-fighting equipment must be easily accessible and simple to use and must be indicated by signs in accordance with the national provisions transposing Directive 92/58/EEC.
  42. 5.4Division 5.4
  43. 5.5Division 5.5
  44. 6Ventilation of enclosed workplaces
  45. Temperature of working areas
  46. 7.1Division 7.1
  47. 7.2,Division 7.2,
  48. Natural and artificial lighting of workplaces
  49. 8.1Division 8.1
  50. 8.2Division 8.2
  51. 8.3Division 8.3
  52. 8.4Division 8.4
  53. Decks, bulkheads and deckheads
  54. 9.1Division 9.1
  55. 9.2Division 9.2
  56. 9.3Division 9.3
  57. Doors
  58. 10.1Means should be provided so that doors can at all times be operated from the inside without special equipment.
  59. 10.2Division 10.2
  60. Traffic routes — danger areas
  61. 11.1Division 11.1
  62. 11.2If there is a risk that workers may fall through openings in the deck, or from one deck to another, adequate protection should be provided wherever possible.
  63. 11.3Access to installations above the deck for operations or maintenance purposes must be such as to ensure workers' safety.
  64. 11.4Bulwarks or other means provided to prevent persons falling overboard must be maintained in an efficient condition.
  65. 11.5On stern trawlers with ramps, the upper part of the ramp must be fitted with a gate or other means of securing it of the same height as the bulwarks or other adjacent means, to protect workers from the risk of falling into the ramp.
  66. Layout of workstations
  67. 12.1Working areas must be kept clear and, as far as possible, be protected from the sea and provide adequate protection for workers against falling on the vessel or falling overboard.
  68. 12.2If the engines are controlled from the engine room, they must be controlled from a separate area, soundproofed and insulated from the engine room per se and accessible without entering the latter.
  69. 12.3The controls for the hauling gear must be installed in an area sufficiently large to enable operators to work unhindered.
  70. 12.4The hauling gear operator must have an adequate view of the hauling gear and the workers at work.
  71. 12.5Division 12.5
  72. 12.6Division 12.6
  73. 12.7Division 12.7
  74. 12.8Controls must be installed for moving masses, particularly on trawlers:
  75. Living quarters
  76. 13.1The location, structure, soundproofing, means of insulation and layout of the workers' living quarters and facilities, where these exist, and means of access thereto should be such as to provide adequate protection against weather and sea, vibration, noise and unpleasant odours from other parts of the vessel likely to disturb the workers during their period of rest.
  77. 13.2The workers' living quarters should be properly ventilated to ensure a constant supply of fresh air and prevent condensation.
  78. 13.3The galley and mess, where these exist, should be of adequate size, well lit and ventilated and easy to clean.
  79. Sanitary facilities
  80. 14.1Division 14.1
  81. 14.2Division 14.2
  82. 15First aid
  83. 16Accommodation ladders and gangways
  84. 17Noise
  85. Annex II: MINIMUM SAFETY AND HEALTH REQUIREMENTS FOR EXISTING FISHING VESSELS
  86. Preliminary note
  87. Seaworthiness and stability
  88. 1.1Division 1.1
  89. 1.2Division 1.2
  90. 1.3All vessels must be sufficiently stable when intact in the conditions of service for which they are intended.
  91. Mechanical and electrical installations
  92. 2.1Electrical installations must be designed and constructed so as not to present any danger and so as to ensure:
  93. 2.2An emergency electrical power source must be provided.
  94. 2.3Division 2.3
  95. 2.4Division 2.4
  96. 2.5Division 2.5
  97. 2.6Division 2.6
  98. 2.7Division 2.7
  99. 2.8Division 2.8
  100. 2.9Cooking and domestic appliances using heavy gases should be used only in well ventilated spaces and care should be taken to avoid any dangerous accumulation of gas.
  101. 3Radio installation
  102. Emergency routes and exits
  103. 4.1Division 4.1
  104. 4.2The number, distribution and dimensions of the routes and exits which can be used as emergency routes and exits must depend on the use, equipment and dimensions of workplaces and living areas and on the maximum potential number of persons present.
  105. 4.3Emergency routes and exits must be indicated by signs in accordance with national provisions transposing Directive 92/58/EEC.
  106. 4.4Division 4.4
  107. Fire detection and fire fighting
  108. 5.1Division 5.1
  109. 5.2Fire-fighting equipment must always be kept in its proper location, maintained in good working order, and be available for immediate use.
  110. 5.3Manually-operated fire-fighting equipment must be easily accessible and simple to use and must be indicated by signs in accordance with the national provisions transposing Directive 92/58/EEC.
  111. 5.4Division 5.4
  112. 5.5Division 5.5
  113. 6Ventilation of enclosed workplaces
  114. Temperature of working areas
  115. 7.1Division 7.1
  116. 7.2Division 7.2
  117. Natural and artificial lighting of workplaces
  118. 8.1Division 8.1
  119. 8.2Division 8.2
  120. 8.3Division 8.3
  121. 8.4Division 8.4
  122. Decks, bulkheads and deckheads
  123. 9.1Division 9.1
  124. 9.2Division 9.2
  125. 9.3Division 9.3
  126. Doors
  127. 10.1Means should be provided so that doors can at all times be operated from the inside without special equipment.
  128. 10.2Division 10.2
  129. Traffic routes — danger areas
  130. 11.1Division 11.1
  131. 11.2Division 11.2
  132. 11.3Access to installations above the deck for operation or maintenance purposes must be such as to ensure workers' safety.
  133. 11.4Bulwarks or other means provided to prevent persons falling overboard must be maintained in an efficient condition.
  134. 11.5On stern trawlers with ramps, the ramp must be fitted with a gate or other means of securing it of the same height as the bulwarks or other adjacent means, to protect workers from the risk of falling into the ramp.
  135. Layout of workstations
  136. 12.1Working areas must be kept clear and, as far as possible, be protected from the sea and provide adequate protection for workers against falling on the vessel or falling overboard.
  137. 12.2If the engines are controlled from the engine room, they must be controlled from a separate area, soundproofed and insulated from the engine room per se and accessible without passing through the latter.
  138. 12.3The controls for the hauling gear must be installed in an area sufficiently large to enable operators to work unhindered.
  139. 12.4The hauling gear operator must have an adequate view of the hauling gear and the workers at work.
  140. 12.5Division 12.5
  141. 12.6Division 12.6
  142. 12.7Division 12.7
  143. 12.8Controls must be installed for moving masses, particularly on trawlers:
  144. Living quarters
  145. 13.1The workers' living quarters, where they exist, must be such as to minimize noise, vibration, the effects of motion and acceleration, and unpleasant odours from other parts of the vessel.
  146. 13.2The galley and mess, where they exist, should be of adequate size, adequately lit and ventilated and easy to clean.
  147. 14Sanitary facilities
  148. 15First aid
  149. 16Accommodation ladders and gangways
  150. Annex III: MINIMUM SAFETY AND HEALTH REQUIREMENTS FOR CONCERNING LIFE-SAVING AND SURVIVAL EQUIPMENT
  151. Preliminary note
  152. 1Division 1
  153. 2All items of life-saving and survival equipment must be kept in their proper locations, maintained in good working order and be available for immediate use.
  154. 3Division 3
  155. 4Division 4
  156. 5Division 5
  157. 6Musters of workers for survival drill should be carried out each month in port and/or at sea.
  158. Annex IV: MINIMUM SAFETY AND HEALTH REQUIREMENTS CONCERNING PERSONAL PROTECTIVE EQUIPMENT
  159. Preliminary note
  160. 1Division 1
  161. 2Division 2