EU COMMISSION URGES MEMBER STATES TO DESIGNATE PORTS WHERE CREW CHANGES ARE FACILITATED DURING COVID-19 PANDEMIC

In response to the IMO recommendations for governments and relevant national authorities on the facilitation of crew changes and repatriations during the COVID-19 pandemic, the European Commission has now taken steps to facilitate and coordinate the efforts of Member States to enable crew changes in their ports.  

On guidelines published 8 April 2020, the European Commission urges Member States to designate ports for fast-track crew changes. The ports should be geographically dispersed so as to cover the Union and should be connected to operational airports and rail stations.

Given that transport connections are now heavily affected, the European Commission further urges Member States to envisage the possibility of dedicated flights and rail operations to ensure the transport connections for crew changes, allowing for swift travel and repatriations of seafarers.

Regarding the characteristics of these designated ports, the European Commission highlights that they should have nearby accommodation where seafarers could wait for arrival of the ship they should board or for their flight, train or ship if it does not leave on the same day. This accommodation should have adequate facilities to allow seafarers to undergo 14 days of quarantine before embarking and after disembarking if the Member State at hand requires this to protect public health. Finally, the ports should have accessible and adequate medical services available to seafarers when they embark, disembark and during their quarantine periods.

The European Commission clarifies here that seafarers who are nationals of third countries should also have access to adequate medical care and accommodation until their repatriation becomes possible. However, Member States may be entitled to request compensation from the shipowner. In this respect, the provisions of the Maritime Labour Convention, 2006, apply to ensure that accommodation and medical care should, in principle, be provided at no cost to seafarers.

The European Commission has also commented on the practice of extending the usual 11 months duration of a SEA stating that this should be the last resort, if repatriation is not possible. This is essential to ensure that fatigue does not detrimentally affect the mental health of seafarers and maritime safety.

As a final note, the European Commission stresses the need for the practice of designating ports where crew changes can take place safely during the COVID-19 pandemic to be shared with third countries to be implemented worldwide.

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Dr Zoumpoulia Amaxilati

I am a lecturer in shipping and trade law at the Institute of International Shipping and Trade Law at Swansea University where I teach Admiralty law, Charterparties: law and practice, Carriage of goods by sea, land and air, and Tort law. I am a graduate of the Aristotle University of Thessaloniki, and hold an LLM degree in Maritime Law from the University of Southampton. I also completed my PhD degree in maritime law with emphasis on seafarers’ rights at the University of Southampton in 2019. Before joining the Institute, I worked as a lecturer in law at Queen Mary, University of London where I taught tort law. I was also a tutor in law at the University of Southampton. I am a qualified lawyer in Greece and prior to her PhD studies I worked as a lawyer at the Ministry of Justice, Transparency and Human Rights of Greece. My primary research focuses on international maritime labour law and seafarers’ rights, international maritime law, public international law, including international law of the sea, and tort law. I have recently published a book chapter in Baris Soyer and Andrew Tettenborn (Ed), Disruptive Technologies, Climate Change and Shipping (Informa Law from Routledge) on the human element in autonomous shipping. I am a Fellow of the Higher Education Academy. I am also a member of the Society of Legal Scholars and the Women in Shipping and Trading Association.

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