# Council Directive (EU) 2017/159 of 19 December 2016 implementing the Agreement concerning the implementation of the Work in Fishing Convention, 2007 of the International Labour Organisation, concluded on 21 May 2012 between 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) (Text with EEA relevance), Article 11

Extent: E+W+S+N.I.

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.
5. In accordance with the general principles of the protection of the health and safety of workers, and for objective or technical reasons or reasons concerning the organisation of work, Member States may allow exceptions, including the establishment of reference periods, to the limits laid down in paragraph 1, subparagraph (b), and paragraphs 3 and 4. Such exceptions shall, as far as possible, comply with the standards laid down but may take account of more frequent or longer leave periods or the granting of compensatory leave for the fishermen.
These exceptions may be laid down by means of:
(a) laws, regulations or administrative provisions provided there is consultation and efforts are made to encourage all relevant forms of social dialogue; or
(b) collective agreements or agreements between the two sides of industry.
6. If exceptions under paragraph 5 are allowed to the limits laid down in paragraph 3, the fishermen concerned shall receive compensatory periods of rest as soon as practicable.
7. Nothing in this Article shall be deemed to impair the right of the skipper of a vessel to require a fisherman to perform any hours of work necessary for the immediate safety of the vessel, the persons on board or the catch, or for the purpose of giving assistance to other boats or ships or persons in distress at sea. Accordingly, the skipper may suspend the schedule of hours of rest and require a fisherman to perform any hours of work necessary until the normal situation has been restored. As soon as practicable after the normal situation has been restored, the skipper shall ensure that any fishermen who have performed work in a scheduled rest period are provided with an adequate period of rest.
8. Each Member State may provide that fishermen on board fishing vessels flying its flag or registered under its plenary jurisdiction for which national legislation or practice determines that these vessels are not allowed to operate in a specific period of the calendar year exceeding one month, shall take annual leave in accordance with Article 7 of Directive 2003/88/EC within that period.

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Source: https://www.legislation.gov.uk/eudr/2017/159/annex/article/11 (the official version)
Page: https://openlegislation.uk/eu-directive-2017-159/annex/article-11
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.