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EU Shipping Law


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CHAPTER 32

Maritime safety: minimum safety and health requirements for improved medical treatment on board vessels

A. Introduction

32.001 This chapter considers the European Union (“EU”) shipping law aspects of the minimum safety and health requirements for improved medical treatment on board vessels. 32.002 While any workplace poses some health and safety risks, ships pose particular difficulties because those on board are often far away from treatment, facilities and medicine. This fact has long been recognised by the EU.1 At a theoretical level, it would be easy to prescribe that all vessels should have medically trained personnel along with treatment facilities, equipment and medicines but that would be unrealistic and impractical – it would damage the competitiveness of EU vessels even though it would be laudable at a human level. Hence, a balance has to be struck.

B. Background to Directive 92/29

32.003 The principal measure dealing with the minimum safety and health requirements for improved medical treatment on board vessels is Council Directive 92/29 of 31 March 1992 on the minimum safety and health requirements for improved medical treatment on board vessels.2 It has been amended by Regulation 1882/2003 of the European Parliament and of the Council of 29 September 2003,3 Directive 2007/30 of the European Parliament and of the Council of 20 June 20074 and Regulation 1137/2008 of the European Parliament and of the Council of 22 October 2008.5 32.004 The Commission proposed the measure after consultation with the Advisory Committee on Safety, Hygiene and Health Protection at Work. The background to the measure is apparent from the recitals to the final directive which say:


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“Whereas the Commission communication on its programme concerning safety, hygiene and health at work6 envisages measures to ensure medical treatment at sea;

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