Making use of the possibilities offered by the Treaty of the European Community to the social dialogue, the European social partners in the merchant marine sector, the European Community Shipowners ' Association (ECSA) and the The Federation of Transport Unions of the European Union (FST) signed an agreement on 30 September 1998 on the organisation of working time for seafarers. Months later, in response to the joint request of such organisations, the Council of the European Union adopted Directive 1999 /63/EC of 21 June, the purpose of which is to implement the said Agreement.

The Directive, and the Agreement which is annexed thereto, are addressed by the establishment of a maximum limit of working hours or a minimum number of hours of rest, to improve the safety and health of workers. workers in the merchant marine sector. This Europe Agreement is inspired by the Convention number 180 of the International Labour Organisation, concerning the hours of work on board and the allocation of vessels, from 1996. In this way, the Community rules and the international rules that should be adapted to improve living and working conditions in the sector and, by extension, maritime safety, are appropriate.

The time of work in the merchant navy is regulated in our law in Royal Decree 1561/1995, of 21 September, on special working days, standard in which it is admitted, due to the peculiarities of the The Commission's proposal for a directive on the protection of workers ' rights in the field of health and safety at work is a more flexible approach to working time and breaks than is generally envisaged for the rest of the sectors, without, in any case, undermining the necessary protection of health and safety. these workers. Although the arrangements for working hours and breaks laid down in that Royal Decree are already in line with the provisions of Directive 1999 /63/EC, there are certain aspects in the Directive which determine the need for transposition into national law. Spanish law, which constitutes the object of this Royal Decree.

In addition to this, Directive 2000 /34/EC of the European Parliament and of the Council of 22 June amending Council Directive 93 /104/EC on certain aspects of the organisation of working time has (a) to include in the field of application of that Directive certain sectors and activities previously excluded from it, including, in particular, that of sea fishing.

In Spanish law, Royal Decree 1561/1995 refers jointly to the work at sea, integrating, without prejudice to certain specific peculiarities, both the merchant marine and the fishing sector.

This processing unit is maintained in the amendment incorporated by this Royal Decree, which therefore also entails the transposition into national law of the provisions of Directive 2000/34 as regards the sea fishing.

This Royal Decree consists of a single article, a single additional provision, a single final provision, and two annexes.

By means of the single article, Royal Decree 1561/1995 is expressly amended in terms of working time at sea, giving full new wording to Subsection 5. of Section 4. of Chapter II. The amendments which are incorporated in the content of this Subsection 5 concern basically the personal scope of these provisions, the organisation of breaks and the introduction of new means for the control of time. working in the merchant navy.

in addition, in relation to the prohibition of night work for children under the age of 18 established in general in our law, the legal definition of night work contained in the Directive is to be adapted. Article 36 (1) of the Staff Regulations to which the merchant navy provides for clause 6 of the Community Agreement, making use of the authorization contained in the last paragraph of Article 36.1 by means of a new additional provision incorporated in Royal Decree 1561/1995.

This Royal Decree is completed with a single additional provision of minimum safety crews, which contains a principle of coordination and collaboration in the actions of the Labour and Social Security Inspectorate. of the Spanish Maritime Administration, each within the scope of its competences, a final provision on the entry into force of the norm, and finally two bilingual annexes which are also incorporated into Royal Decree 1561/1995, necessary for carry out the transposition of the Directive, one on the model of the table showing the Organisation of work on board, and another on the model of Registration of working hours or rest of workers on board ships engaged in the merchant marine.

In its virtue, the most representative trade union and business organizations, on the proposal of the Minister of Labour and Social Affairs, have been consulted, in agreement with the Council of State and after deliberation by the Council of Ministers in their meeting of the day 22 March 2002,

DISPONGO:

Single item.

Amendments that are introduced in Royal Decree 1561/1995, of 21 September, on special working days.

One. Subsection 5.^a of Section 4.^a of Chapter II of Royal Decree 1561/1995, of 21 September, on special working days, is worded as follows:

" Subsection 5. Work on the Sea

Article 15. Scope of personal application of the provisions on working time and rest at work at sea.

1. The provisions contained in this subsection shall apply at sea to workers providing services on board vessels and vessels.

2. By way of derogation from the above paragraph, the master or person exercising the command of the ship shall not be subject to the rules on days provided for in this Royal Decree, provided that he does not have to be on duty, that the latter shall be governed by the provisions of this Regulation. effects of the terms of his contract as soon as they do not constitute benefits which are more than those of which they are customary at work at sea.

Article 16. Working time at sea.

1. Workers may not make a total daily working day of more than 12 hours, including, where appropriate, overtime, whether the vessel is in port or at sea, except in the following cases:

(a) In cases of force majeure where necessary to ensure the immediate safety of the ship or persons or the cargo on board, or to assist other vessels or persons who are in danger on the high seas.

(b) In the case of supply to the ship of food, fuel or lubricating material in cases of pressing need, of the urgent discharge for deterioration of the goods carried or of the attention due to maneuvers of entry and exit to port, docking, undocking and anchoring.

Except in the cases of force majeure referred to in paragraph (a) above, in which the day may be extended for as long as necessary, the resulting total day shall not exceed in any case of fourteen hours for each period of twenty-four hours, not seventy-two hours for each seven-day period.

2. The hours of excess over the ordinary day agreed in accordance with Article 34 of the Staff Regulations shall be offset or paid out in accordance with Article 35 (1

.

In vessels engaged in fishing, the establishment of a concert or an additional form for the liquidation of overtime may be agreed between companies and crew members, except in the case of the agreement in agreement collective.

Article 17. Rest between days.

1. The time of rest at sea shall be deemed to be the time when the worker is free of all service.

2. In the merchant navy, the rest between days will be adapted to the following rules:

(a) Between the end of a day and the beginning of the next day the workers shall be entitled to a minimum rest of eight hours. This rest shall be 12 hours when the vessel is in port, considering as such the time when the staff remains on land or on board of their own volition, except in the case of the need for carrying out loading and unloading operations. during short-time scales or for work for the safety and maintenance of the vessel in which it may be reduced to a minimum, except force majeure, of eight hours.

(b) When guard shifts are organised at sea, it must be borne in mind that they may not be longer than four hours and that each guard shall have an uninterrupted eight-hour rest.

(c) In collective agreements, the distribution of rest hours may be agreed at a maximum of two periods, one of which shall be at least six hours uninterrupted. In this case, the interval between two consecutive rest periods shall not exceed 14 hours.

This possibility shall not in any case apply to personnel subjected to sea guards, for which the provisions of paragraph (b) above shall always be provided.

3. For vessels engaged in fishing, rest between days shall be in accordance with the following rules:

(a) Between the end of a day and the beginning of the next day workers shall be entitled to a minimum rest of six hours.

(b) By respecting the provisions of the preceding paragraph, the distribution of rest hours may be agreed in collective agreements for a maximum of two periods. In this case, the interval between two consecutive rest periods shall not exceed 14 hours.

4. The differences between the breaks between days provided for in this Article and the 12 hours laid down generally shall be offset in the form laid down in Article 9. The extension of the reference period provided for in that Article may be agreed in collective agreements up to a maximum of one hundred and eighty days.

5. Periodic exercises such as fire fighting and abandonment that impose national and international standards must be carried out in such a way as to disturb the rest of the rest period and not cause fatigue.

Article 18. Weekly rest.

The weekly and average weekly rest, which may be taken into account in the form provided for in Article 9, shall be enjoyed taking into account the following rules:

(a) Rest shall be compulsory for all staff, including the master or who exercises the command of the ship not subject to the working day.

(b) If, at the end of each shipping period, the entire rest days concerned have not been enjoyed, they will be accumulated to be enjoyed when the vessel has to make a prolonged stay in port, for repair or other causes, or for your enjoyment attached to the holiday period, according to what is agreed in collective agreement.

(c) However, and provided that the enjoyment of a weekly rest day is guaranteed in any event in accordance with the terms set out in the preceding paragraphs, if this is agreed in collective agreement, the persons concerned may opt for the cash compensation, such as overtime, up to a maximum of half of the remaining days of rest not enjoyed. Similarly, those days of rest not enjoyed whose accumulation in the form provided for in paragraph (b) may result in serious damage do not give rise to any shortage of staff.

Article 18a. Control of working time in the merchant navy.

1. For vessels engaged in the merchant navy, a table, in which the data contained in the standard model included in Annex I to this Royal Decree, drawn up on the vessel, shall be placed in an easily accessible place on the vessel. the common language of work on board and in English, specifying the organisation of the work on board and the organisation of the work on board, at least:

a) The service program at sea and in port.

(b) The maximum number of hours of work or the minimum number of hours of rest in accordance with the provisions of this Royal Decree and, where applicable, the collective agreement resulting from the application of the vessel.

The data contained in the table should be updated when changes in the organisation of work on board would be necessary.

2. Individual records shall be kept on board for each worker of the daily working hours or of the daily rest hours, in which the data contained in the model set out in Annex II to this Royal Decree are included. drawn up in the common language of work on board and in English. The recording models shall be provided to the worker by the master or by a person authorised by the master.

Records will be filled in daily by the worker and signed weekly by the captain, or by a person authorized by the captain, and by the worker himself, whom a copy of his registration will be given monthly.

The records will be subject to the monitoring and enforcement functions of the labour law corresponding to the Labour and Social Security Inspectorate.

3. The vessel shall keep the table and records of the last three years at the disposal of the labour authority.

4. A copy of the laws, regulations and collective agreements applicable to the working time on the ship shall be carried on board, in an easily accessible place for the crew. "

Two. The following are included in Royal Decree 1561/1995 of 21 September 1995 on special working days, a new fourth additional provision and a new fifth additional provision, of the following literal wording:

" Additional provision fourth. Prohibition of night work in the merchant navy of workers under the age of eighteen.

For the purposes of the prohibition of night work for workers under the age of 18 provided for in Article 6 (2) of the Staff Regulations, in the work on board ships in the merchant navy, the He will consider the night work done between ten and seven in the morning.

Additional provision fifth. Minimum safety crews.

1. In accordance with the provisions of article 77.1.^or of Law 27/1992, of 24 November, of Ports of the State and of the Merchant Navy, the minimum crew of safety of ships, determined by the Directorate General of the Navy Merchant by administrative resolution, it must conform to safety, sufficiency and efficiency criteria.

2. For the purposes of the Article referred to in the preceding paragraph, the Directorate-General of the Merchant Navy, when fixing or reviewing the minimum safety crew, shall take into account the need to avoid or to minimise, to the extent of possible, the excess of working hours, as well as ensuring a sufficient rest period and limiting fatigue.

3. When the Labour and Social Security Inspectorate in the performance of its duties detects, when checking the individual records referred to in the new Article 18a 2. of this Royal Decree, that there have been breaches of the provisions relating to working hours or hours of rest, which could directly affect the safety of the sea or of the navigation, or in its case to reveal the It is appropriate to review the minimum safety crew of the ship and shall inform the General Directorate of the Merchant Navy for the appropriate purposes. "

Three. They are included in Royal Decree 1561/1995 of 21 September 1995 on special working days, after the second final provision, an Annex I, entitled 'Model of table showing the organisation of work on board', and an Annex II, 'Model of registration of working hours or rest of workers on board vessels engaged in the merchant navy', which are listed in the same numbering and denomination as Annex I and Annex II to this Royal Decree.

Single end disposition. Entry into force.

This Royal Decree will enter into force on 30 June 2002.

Given in Palma de Mallorca to 22 March 2002.

JOHN CARLOS R.

The Minister of Labour and Social Affairs,

JUAN CARLOS APARICIO PÉREZ

ANNEX I

TABLE MODEL INDICATING THE ORGANIZATION OF WORK ON BOARD (*)

MODEL FORMAT FOR TABLE OF SHIPMENT WORKING ARRANGEMENTS (*)

Ship Name/Name of ship: Pavilion/Flag of ship:

IMO Number (if any) /IMO nomber (if any):

Last version of the table/Latest update of table: page () of ()/ () of () pages.

The maximum number of hours of work or minimum number of hours of rest shall be determined in accordance with the provisions of Royal Decree 1561/1995 of 21 September 1995 on special working days, as amended by the Royal Decree 285/2002 of 22 March, enacted in accordance with the provisions of the Convention on the hours of work on board and the allocation of ILO vessels, 1996 (Convention 180) and in any collective agreement registered as authorized under the said Convention and the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, modified (Training Convention) (²) /The maximun hours of work or minimum hours of rest are applicable in accordance with Royal Decree 1561/1995, of 21 September, on special working hours, as amended by Royal Decree 285/2002, of the day 22 month 3, issued in conformity with ILO's Seafarer's Hours of Work and the Manning of Ships Convention 1996 (No 180) and with any applicable collective agreement registered or authorised in accordance with that Convention and with the International Convention on standards of training, certification and watchkeeping for seafarers, 1978, as amended, (STCW Convention) (²).

Maximum number of hours of work or minimum rest hours (³)/ Maximun hours of work or minimum hours of test (³):

Other prescriptions/Other requirements:

/Charge (4) Position/rank (4)	Expected daily work hours at sea Scheduled daily work hours at sea		Expected daily work hours in port Scheduled daily work hours in port		Remarks Comments	Total number of daily work/rest hours (*) /Total daily work/rest hours
	Guard (de-a) Watchkeeping (from-to)	Tasks other than guard (de-a) (5) Non-Watchkeeping duties (from-to) (5)	Guard (de-a) Watchkeeping (from-to)	Tasks other than guard (de-a) Non-Watchkeeping duties (from-to) (5)		At sea At sea	In port In port

Captain's signature/Signature of the master:

(¹) The terms used in this model will be in the common language of the ship's work and in English/The termins used in this model table are to appear in the common working language of the ship and in English.

(²) See back to back extracts from ILO Convention 180 and the Training Convention/See overleaf for selected extracts from ILO Convention No 180 and the STCW Convention.

(³) Strike out what does not apply/Delete as applicable.

(⁴) For posts/charges listed also in the ship's minimum safety crew document, use the same terminology as in that document/For those positions/ranks that are also lost in the ship's safe manring documents the terminology used should be the game as in that document.

(⁵) For on-call staff, the observations section can be used to indicate the number of hours that are scheduled to be spent on unscheduled tasks, which will be entered in the column of the total number of hours of corresponding daily work/For watchkeeping personnel, the comment section may be used to indicate the anticipated number of hours to be devoted to unscheduled work and any such hours should be included in the appropriate total daily work hours.

EXTRACTS FROM THE ILO CONVENTION 180 AND THE CONVENTION FOR THE TRAINING, CERTIFICATION AND GUARD OF SEAFARERS

SELECTED TEXT FROM ILO CONVENTION NO 180 AND THE STCW CONVENTIONS

OIT/ILO Convention 180 Convention No 180

Article 5 (1) /Article 5.1

The limits for working or rest hours shall be as follows (a) the maximum number of working hours shall not exceed: (i) 14 hours for each 24-hour period, nor (ii) 72 hours for each seven-day period; or (b) the minimum number of hours of rest shall not be less than: (i) 10 hours for each 24-hour period, nor (ii) 77 hours for each seven-day period. /The limits on hours of work or rest shall be as follows: (a) maximun hours of work shall not exceed: (i) 14 hours in any 24-hour period; and (ii) 72 hours in any seven-day period, or (b) minimun hours of rest shall not be less than: (i) 10 hours in any 24-hour period, and (ii) 77 hours in any seven-day period.

Article 5 (2) /Article 5.2

Rest hours may be grouped in at least two periods, one of which shall be at least six hours uninterrupted, and the interval between two consecutive periods of rest shall not exceed 14 hours. /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 consecutive periods of rest shall not exceed 14 hours.

Article 5 (6) /Article 5.6

The provisions of paragraphs 1 and 2 of this Article shall not prevent a Member from having measures in national law or procedures which empower the competent authority to authorise or register conventions. (a) collective agreements allowing for derogations from the established limits Such derogations should be adjusted as far as possible to the rules laid down, but account may be taken of the increased frequency or duration of the periods of leave or the granting of compensatory licences to seafarers who carry out guards or who works on board ships engaged in short-duration sailings. /Nothing in paragraphs 1 and 2 shall prevent the Member from having national laws or regulations or a procedure for the competent authority to authorize or register collective agreements permitting exceptions to the limits set out. Such exceptions shall, as far as possible, follow the standards set out but may take account of more frequent or longer leave periods or the granting of compensatory leave for watchkeeping seafarers or seafarers working on board ships on short voyages.

Article 7 (1) /Article 7.1

No provision of this Convention shall be construed as prejudice to the right of the master of a vessel to require a seafarer to carry out the working hours necessary to ensure the immediate safety of the ship, of persons on board or cargo, or to assist other vessels or persons in danger at sea. /Nothing in this Convention shall be deemed to impose the right of the master of a ship to require a seafarer to perform any hours of work necessary for the immediate safety of the ship, persons on board or cargo, or for the purpose of giving assistance to other ships or persons in distress at sea.

Article 7 (3) /Article 7.3

As soon as possible after normal, the master must ensure that any seafarer who has worked during his normal time off is granted an adequate period of rest. practicable after the normal situation has been restored, the master shall ensure that any seafarers who have performed work in a scheduled rest period are provided with an adequate period of rest.

Training Convention/STCW Convention

Training Code Section A-VII//I (mandatory) /Section A-VIII/1 of the STCW Code (Mandatory)

1. Any person who has been assigned duties as an officer in charge of a guard or a seaman who is a member of the guard shall have at least 10 hours of rest in any 24-hour period/All persons who are assigned duty as officer in charge of a watch or seafarer on watch shall be provided with a minimum of 10 hours ' rest in any 24-hour period.

2. Breaks may be grouped in two periods at most, one of which shall be at least six hours in length. The hours of rest may be divided into no more than two periods, one of which shall be at least six hours in length.

3. The requirements for the rest periods referred to in paragraphs 1 and 2 shall not be maintained during an emergency, exercise or other imperative operational situation. /The requirements for rest periods laid down in paragraphs 1 and 2 need not be maintained in the case of an emergency or drill or in other overriding operational conditions.

4. Without prejudice to paragraphs 1 and 2, the minimum period of 10 hours may be reduced to six hours, provided that such a reduction is not applied for more than two days and that at least 70 hours of rest are granted for each seven-day period. /Notwithstanding the provisions of paragraphs 1 and 2, the minimum period of 10 hours may have reduced to not less than 6 consecutive hours provided that any such reduction shall not extend beyond two days and not less than 70 hours of rest are provided each seven-day period.

5. The authorities shall require that the notices corresponding to the periods of duty be placed in easily accessible places. /Administrations shall require that watch schedules be posted where they are easily accessible.

Section B-VIII/1 of the Training Code (guidance) /Section B-VIII/1 of the STCW Code (Guidance)

3. When applying the requirements of Regulation VIII/1, the following points shall be taken into account:/In applying Regulation VIlI/1, the following should be taken into account:

1) the provisions to prevent fatigue shall ensure that the total number of hours worked is not excessive or unreasonable. In particular, the minimum rest periods specified in Section A-VIII/1 shall not be understood to mean that the other hours may be spent on guard or other services;/provisions made to prevent fatigue should ensure that Give or unreasonable overall working hours are not understood. In particular, the minimum rest periods specified in Section A-VIII/1 should not be interpreted as implying that all other hours may be devoted to Wachkeeping or other duties;

2) the frequency and duration of holiday periods, and the compensatory allowance of days off are concrete factors that contribute to preventing fatigue from accumulating. /that the frequency and length of leave periods, and the granting of compensatory leave, are material factors in preventing fatigue from building up over a period of time;

3) the provisions may be altered in the case of vessels engaged in short trips provided that special safety procedures are established. /the provision may be varied for ships on short sea voyages, provided special safety arrangements are put in place.

ANNEX II

MODEL OF REGISTRATION OF WORKING HOURS OR REST OF WORK ON BOARD VESSELS ENGAGED IN MERCHANT MARINE (¹)

MODEL FORMAT FOR RECORD OF HOURS OF WORK OR HOURS OF REST OF SEAFARERS WORKING ON BOARD SHIPS ENGAGED IN COMMENTIAL MARITIME OPERATIONS (¹)

Page 1 of 2/Pag 1 of 2

Name of ship/Name of ship:

IMO Number (if the ha/IMO number (if any):

Ship Pavilion/Flag of ship:

Marino (first and last name) /Seafarer (full name):

Post/load/Position/rank (²):

Month and Year/Month and Year:

Guard personnel/Watchkeeper (³): yes/yes ❑ no/no ❑

Log of work/rest hours/Record of hours of work/rest (⁴)

Indicate the periods of work or rest, as appropriate, by an "X", or a line or continuous date/Please mark periods of work or rest, as applicable, with X, or using a continuous line or arrow.

FILL IN THE BOX THAT APPEARS ON THE BACK
COMPLETE THE TABLE ON THE REVERSE SIDE

This ship is subject to the following national laws, regulations, and collective agreements relating to the limits of working hours or periods of rest/The following national laws, regulations and/or collective agreements governing limitations on working hours or mininum rest periods apply to this ship:
I certify that this document records in a reliable manner the hours of work or rest of the person concerned/I agree that this record is an accurate reflection of the hours of work or rest of the seafarer concerned.
Name of the master or the person authorised to sign the register/Name of master or person authorised by master to sign this record
This record will be signed weekly/This record will be signed weekly.

Signature of the master or authorized person/Signature of master or autohorised person:

Signature of the sailor/Signatura of seafarer:

Week (de-a):
Week (from-to)

Week (de-a): Week (from-to)		Week (de-a): Week (from-to)	Week (de-a): Week (from-to)
Week (de-a): Week (from-to)	Week (de-a): Week (from-to)		Week (de-a): Week (from-to)	Week (de-a): Week (from-to)
Week (de-a): Week (from-to)			Week (de-a): Week (from-to)

marine will receive a monthly copy of this record/A copy of this record is to be given to the seafarer monthly

(1) The terms used in this model will be in the common language of the ship's work and in English/The terms used in this model table are to appear in the common working language of the ship and in English. (2) For posts/posts listed also in the document relating to the minimum safety crew of the ship, use the same terminology as in that document/For those positions/ranks that are also listed in the ship's a safe manning document, the terminology used should be the same as in that document. (3) Please check the appropriate box/Tick as appropriate. (4) Strike out what does not apply/Delete as appropriate.

periods of work or rest, as appropriate, with an "X" or a line or arrow./Please mark periods or work or rest, as applicable, with an X, or using a continuous line or arrow																																																	Number of rest hours in a 24-hour period/Hours of rest in 24 hour period	Observe- tions/ Comments	The seafarer must not fill this part (1)/ Not to be completed by the seafarer (1
0/ Hour 0	00		01		02		03		04		05		06		07		08		09		10		11		12		13		14		15		16		17		18		19		20		21		22		23				Number of hours of work or rest, as applicable, in a 24-hour period (2)/ Hours of work or rest, as applicable, in any 24 hour period (2)	Number of hours of work or rest, as applicable, in a period of 7 days (2)/Hours of work or rest, as applicable, in any 24 hour period (2
Fecha/ Date
	Time 0/ Hour 0	00		01		02		03		04		05		06		07		08		09		10		11		12		13		14		15		16		17		18		19		20		21		22		23

(1) Fill in and use it in accordance with the procedures provided by the competent authority respecting the relevant requirements of Convention 180 of the ILO on the organisation of the working time of seafarers and the provision of ships, 1996/For completion and use in accordance with the procedures established by the competent authority in compliance with the relevant requirements of ILO Convention No 180 on Seafarers Hours of Work and the Manning of Ships Convention. 1996. (2) Additional calculations and verifications may be required to ensure compliance with the relevant requirements of the ILO Convention 180 on the organisation of seafarers ' working time and the provision of ships, 1996, and the International Convention on Standards of Training, Certification and Watchkeeping for seafarers, 1978/Additional calculations or verification may be necessary to ensure compliance with the relevant requirements of ILO Convention No 180 on Seafarers Hours of Work and the Manning of Ships Convention, 1996 and the International Convention Standards of Training, Certification and Watchkeeping, 1978 as amended.