21.9.2015

Official Journal of the European Union

C 311/31

(Case C-343/15)

(2015/C 311/36)

Language of the case: Dutch

Referring court

Parties to the main proceedings

Applicant: J. Klinkenberg

Respondent: Minister van Infrastructuur en Milieu

Questions referred

1.Must Article 1 of Directive 1999/63/EC (1) and Clause 1(1) of the Annex to that directive, entitled ‘European Agreement on the organisation of working time of seafarers’, be interpreted as meaning that that directive and that agreement are applicable to a public official who works for the Netherlands National Maritime Company and who is a member of the crew of a ship engaged in carrying out fisheries inspections?

2.If Question 1 is answered in the negative, must Article 2 of Directive 89/391/EEC (2), Article 1(3) and Article 2(1) and (2) of Directive 93/104/EC (3), and Article 1(3) and Article 2(1) and (2) of Directive 2003/88/EC (4) be interpreted as meaning that Directive 93/104/EC and Directive 2003/88/EC are applicable to the public official referred to in Question 1?

3.Must Articles 3, 5 and 6 of Directive 93/104/EC and Articles 3, 5 and 6 of Directive 2003/88/EC be interpreted as precluding a regulation of a Member State on the basis of which the hours during which the public official referred to in Question 1 does not perform any work during the voyage but during which he is obliged to be available on call in order to remedy problems in the engine room are regarded as constituting rest periods?

4.Must Articles 3, 5 and 6 of Directive 93/104/EC and Articles 3, 5 and 6 of Directive 2003/88/EC be interpreted as precluding a regulation of a Member State on the basis of which the hours during which the public official referred to in Question 1 does not perform any work during the voyage but during which he is obliged, on the instructions of the master of the ship, to perform work if that is necessary for the immediate safety of the ship, of the persons on board, of the cargo or of the environment, or for the purpose of giving assistance to other ships or persons in distress, are regarded as constituting rest periods?

(1) Council Directive of 21 June 1999 concerning the Agreement on the organisation of working time of seafarers concluded by the European Community Shipowners’ Association (ECSA) and the Federation of Transport Workers’ Unions in the European Union (FST) — Annex: European Agreement on the organisation of working time of seafarers (OJ 1999 L 167, p. 33).

(2) Council Directive of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work (OJ 1989 L 183, p. 1).

(3) Council Directive of 23 November 1993 concerning certain aspects of the organisation of working time (OJ 1993 L 307, p. 18).

(4) Directive of the European Parliament and of the Council of 4 November 2003 concerning certain aspects of the organisation of working time (OJ 2003 L 299, p. 9).