COMMISSION OF THE ÎOPEAN COMMUNITIES 
«®B| C0M(91) 54 final 
Brussels, 22 February 1991 
tea»» Amended proposal for a 
COUNCIL REGULATION (EEC) 
establishing a Community ship register and providing for 
the flying of the flag by sea-going vessels 
Amended proposal for a 
COUNCIL REGULATION (EEC) 
on a common definition cf a Community shipowner 
M Amended proposal for a 
COUNCIL REGULATION (EEC) 
applying the principle of freedom to provide services 
to maritime transport within Member States 
(presented by the Commission pursuant to Article 149(3) 
of the EEC Treaty) 
EXPLANATORY MEMORANDUM 
On 3 August 1989 the Commission submitted to the Council proposals for 
a Council Regulation establishing a Community ship register and 
providing for the flying of the Community flag by sea-going 
vessels; 
a Council Regulation on a common definition of a Community 
shipowner; and 
a Council Regulation applying the principle of freedom to provide 
services to maritime transport within Member States. 
At its Plenary Session on 26 October 1990 the European Parliament 
approved the Commission's proposals with a number of amendments. 
The Commission has accepted certain amendments, including many of those 
involving changes of definition or laying down detailed procedures. 
Among the amendments accepted are those concerning guidelines to be 
laid down by the Commission as a basis for the issue of minimum manning 
certificates for vessels on the Community ship register (EUROS), those 
amending nationality requirements for crews on EUROS vessels (and in 
particular setting more stringent nationality requirements for 
passenger vessels and ferries), and those providing for monitoring of 
the availability of seafarers who are nationals of the Member States. 
Amendments relating to the introduction of a uniform system of 
taxation, based on tonnage, of ships registered in EUROS, and to the 
exemption of seafarers domiciled in the Community from income tax in 
respect of employment on ships registered in the Community have complex 
and potentially far-reaching implications for the fiscal systems of the 
Member States, and the Commission is examining these before reaching a 
firm conclusion as to their acceptability. Further amendments to the 
proposal for a Council Regulation establishing a Community ship 
register will be submitted as necessary at a later stage. 
A number of amendments are not acceptable, since they would introduce 
subjects outside the scope of the regulations, would fall outside 
normal budgetary procedures (amendment concerning Community aid for 
EUROS vessels) or would subject the implementation of the regulation on 
freedom to provide services to permanent derogation or unacceptable 
delay. 
Amended proposal for a Council Regulation 
establishing a Community ship register and providing the 
flying of the Community flag by sea-going vessels 
(Submitted by the Commission pursuant to Article 149(3) 
of the EEC Treaty) 
INITIAL PROPOSAL AMENDED PROPOSAL 
THE COUNCIL OF THE EUROPEAN 
COMMUNITIES, THE COUNCIL OF THE EUROPEAN 
COMMUNITIES, 
Having regard to the Treaty 
establishing the European Economic 
Community, and in particular 
Article 84(2) thereof, 
Having regard to the proposal of 
the Commission, 
Having regard to the opinion of 
the European Parliament, 
Having regard to the opinion of 
the Economic and Social Committee, Visas unchanged 
Whereas shipping is an 
indispensable element in trade 
between the Member States and 
between Member States and third 
countr ies; 
Whereas the availability of a high 
quality and truly competitive 
fleet depends, on the one hand, 
on the availability of a maritime 
infrastructure within the 
Community including a reserve of 
nationals of Member States to 
serve as seafarers and, on the 
other hand, a cost level which 
is compet it ive; 
Whereas the fleet flying Member 
States' flags has suffered a 
considerable decline over the Unchanged 
Whereas the availability of a high 
quality competitive fleet depends 
on the availability of a maritime 
infrastructure within the 
Community allowing for the 
preservation of a sufficient 
number of nationals of Member 
States to serve as seafarers 
and a cost level which is 
compet it ive; 
Whereas the comparative advantage 
of Community shipping has been 
eroded over the years, and the 
j> 
years and to the extent that 
ships have been transferred to 
third country registers, there 
has been a severe loss of 
employment for Community 
nat ionaIs fleet flying Member' States 
flags has suffered a considerable 
decline, and to the extent that 
ships have been transferred to 
third country registers, there 
has been a severe loss of 
employment for Community 
nationals; and as a result the 
invisible earnings of the Member 
States of the Community have 
dec Iined. 
Whereas the efforts to meet the 
problem through national measures, 
inter alia the establishment of 
second national registers, to which 
more favourable conditions are 
attached, tend to disperse the 
effects of the actions undertaken 
and risk a distortion of 
compet i t ion; Whereas the efforts to meet 
the problem through national 
measures, either by the 
establishment of second national 
registers, to which more 
favourable conditions are 
attached, or by granting 
operating subsidies or aid to 
related sectors, tend to disperse 
the effects of the actions 
undertaken and risk a 
distortion of competition; 
Whereas it is in the Community 
interest to aim at a structural 
development of a fleet of 
vessels, registered in Member 
States' registers but also 
identifiable as ships serving 
Community needs, which comply 
with the standards of the 
maritime conventions, and whose 
crew includes as a minimum a 
specified number of trained 
seafarers from Member States; 
Whereas this aim cannot be 
attained without a reduction of the 
cost level ; Whereas it is in the Community 
interest to aim at a structural 
development of a fleet of vessels, 
registered in Member States' 
registers but also identifiable 
as Community vessels which meet 
the standards laid down by 
international maritime conventions 
and to man these vessels, to the 
highest possible proportion, with 
Community seafarers; 
Unchanged 
Whereas the Commission has developed Unchanged 
guidelines for the examination of 
State aids to be given by the Member 
States to Community shipping companies; 
Whereas the establishment of a 
Community ship register should 
serve the purpose of creating a 
channel through which national 
efforts can be converged, a 
poo! of Community seafarers and < 
trade mark guaranteeing shippers 
a high quality service; 
Whereas the Community ship register 
will be additional to the national 
register ; Whereas the establishment of a 
Community ship register should 
serve the purpose of creating a 
channel through which national 
efforts can be converged, a 
focus for the employment of 
Community seafarers, and a trade 
mark guaranteeing shippers a high 
qua Iity service; 
Whereas the Community ship 
register will be additional to 
the national register and 
Whereas the right to register 
vessels in the Community register 
should be reserved for natural and 
legal persons having a certain link 
with the Community; whereas, 
however, this right should also be 
given under certain conditions to 
persons having a link with a given 
third country; should be introduced 
without delay in order to 
discourage the trend towards 
setting up secondary registers; 
Whereas the right to register 
vessels in the Community register 
should be reserved for natural 
and legal persons having a genuine 
link with the Community; whereas, 
however, this right should also be 
given under certain conditions and 
terms to persons who have a 
genuine link with third 
countr ies; 
Whereas the vessel to be registered 
in the Community register should 
comply with certain conditions; 
whereas, in particular, the vessel 
should be and remain registered in 
a national register; whereas the 
decisions on the admission to the 
national register must be taken in 
compliance with the provisions of 
the Treaty; Unchanged. 
Whereas registration in the 
Community register should depend on 
compliance with the safety measures 
required by the international 
conventions in this respect; Whereas registration in, and 
continued membership of, the 
Community register should depend 
on compliance with the safety 
measures required by the 
international conventions in this 
respect and any rules in respect 
of vessels, personnel and seamen 
established at Community level; 
Whereas the number of trained 
seafarers from Member States on 
board vessels registered in 
this register should be sufficient 
to meet future requirements of the 
Community fleet; Whereas the number of qualified 
seafarers from Member States on 
board vessels registered in 
this register should be 
sufficient to meet present and 
future requirements of the 
Community fleet, bearing in mind 
that in order to ensure 
passengers' safety and to 
safeguard employment among 
seafarers of the Member States, 
the crews of passenger vessels and 
ferries operating in European 
waters must consist entirely of 
Community seafarers; 
Whereas seafarers from non-Community 
countries on vessels registered in 
this register should be employed on 
conditions in conformity with 
internationally agreed standards 
unless otherwise mutually agreed 
with their representative Whereas seafarers from non-
Community countries on vessels 
registered in this register should 
be employed on conditions which 
have been agreed on by their 
representative organizations and, 
in the absence of such an 
organizations; agreement, on conditions which 
comply with internationally agreed 
standards; 
Whereas in order to ensure uniform 
crew composition for each category 
of vessel and degree of 
automation, in view of the 
substantial divergences that exist 
between national legislations on 
this matter, guidelines for the 
composition of the crews of 
vessels registered in EUROS must 
be laid down by the Commission on 
the basis of the principles set 
out in Resolution A 481 (XII) of 
the International Maritime 
Organization and ILO Convention 
147 concerning minimum standards 
in merchant shipping which are 
internationally recognized and 
accepted; 
Whereas all seafarers on vessels Unchanged, 
registered in this register should at 
least benefit from the social security 
schemes to which they are entitled in 
the country where they are resident; 
Whereas vessels, while remaining on Unchanged. 
this register, should be able to 
transfer between the national 
registers of Member States without 
technical hindrance, when they comply 
with the essential technical 
requirements to be laid down by 
the CounciI ; 
Whereas the right of free movement Unchanged. 
under Article 48 of the Treaty as 
implemented by Council Regulation 
1612/68 applies to employment of 
nationals of Member States on board 
vessels registered in the Member 
States; whereas therefore this right 
applies to vessels registered in 
EUROS; whereas, however, the effective 
exercise of that right may be 
hindered by differences between 
qualifications and licences issued in 
the Member States; whereas it is 
appropriate to provide for recognition 
of such qualifications and licences 
for seafarers for the purposes of 
employment on board vessels in the 
Community register subject to minimum 
requirements laid down by the Council; 
Whereas registration in this Whereas registration in this 
register should be reflected in the register should be reflected in 
right and obligation to fly the 
European flag; 
Whereas the Commission should be 
enabled to adopt implementing 
provisions concerning the 
establishment of the register and 
concerning procedures of 
registration and deregistration; the right and obligation to fly 
the European flag which should be 
afforded a similar degree of 
protection to that enjoyed by the 
flags of Member States and third 
countr ies; 
Whereas the Commission should, in 
application of the provisions of 
this regulation, be enabled to 
adopt implementing provisions 
concerning the establishment of 
the register and concerning 
procedures of registration and 
deregistrat ion; 
Whereas there should be cooperation Unchanged 
between the Community register and 
the national ship registers, 
including an exchange of information; 
Whereas the Member States should Unchanged 
take the necessary measures to control 
and enforce compliance with the 
provisions of this Regulation; 
Whereas the Commission will report 
annually to the European 
Parliament and Council on the 
number of vessels registered in 
the Community register and the 
number of Community seafarers 
employed in those vessels, thus 
enabling the effectiveness of this 
regulation to be assessed, and 
whereas the Commission will if 
necessary propose any 
modifications and improvements 
required; 
HAS ADOPTED THIS REGULATION HAS ADOPTED THIS REGULATION 
SECTION 1 : Scope of the Regulation 
Art icie 1 - Objective 
This regulation provides for: 
- the establishment of a Community 
ship register for sea-going 
merchant vessels; 
-the conditions for registration; 
- certain facilities accruing from 
such registration; 
- the right to fly the European 
flag on these vessels in addition 
to the nat ional flag. Unchanged. 
This regulation provides for: 
- the establishment of a Community 
ship register for sea-going 
merchant vessels; 
- the conditions for registration; 
- certain facilities accruing from 
such registration; 
- the flying of the European flag 
on these vessels in addition to 
the national flag; 
associated measures aimed at 
ensuring the maintenance of 
social standards and at 
improving environmental and 
safety standards. 
SECTION 2 : The register, vessel owners and vessels 
Art icie 2 Establishment of 
the register Unchanged 
A Community ship register Unchanged 
(hereafter called "EUROS") is 
hereby established in which sea-going 
merchant vessels may be registered 
in addition to their national 
registration in a Member State. 
The Commission shall register when 
the conditions laid down in 
Articles 3, 4 and 5 are met. 
It shall deregister a vessel when 
it no longer conforms to the 
provisions of this Regulation. Unchanged 
Art icie 3 - Persons entitled to 
have a vessel 
registered in EUROS Art icie 3 - Community vessel 
owner 
1. The following may apply for 
registration of a vessel in EUROS 1. The following who are owners 
of a vessel registered in the 
national register of a Member 
State may apply for registration 
of the vessel in EUROS: 
(a) nationals of the Member States 
established in a Member State 
and pursuing shipping 
act ivit ies; (a) nationals of the Member 
States; 
(b) a shipping company formed in 
accordance with the law of a 
Member State and having its 
principal place of business in, 
and effective control exercised 
within, the Community, provided 
that the majority of the capita 
of that company is owned by 
nationals of the Member States 
or the majority of the board of 
the company consists of such 
nationals, who have their 
domicile or usual residence in 
the Communi ty. (b) companies formed in accordance 
with the law of a Member State 
and having their principal 
place of business in, and 
effective control exercised 
within, the Community, 
provided that a majority of 
the members of the board or 
of the directors of these 
companies are nationals of the 
Member States having their 
domicile or usual residence 
in the Community. 
(c) Nationals of Member States 
established outside the (c) Companies formed in accordance 
with the law of a Member State 
3. Communi ty or 
shipping companies established 
outside the Community and 
controlled by nationals of a 
Member State, if the vessels 
owned or operated by them are 
registered in that Member State 
in accordance with its 
legislat ion. 
For the purpose of this 
regulation, a natural or legal 
person mentioned in paragraph 1 
wi I I hereafter be referred to 
as a "Community vessel owner"; 
Where it has been agreed 
between a third country and 
the Community that registration 
of vessels in each other's 
register shall be permitted, 
the term "nationals of the 
Member States" shall, for the 
purposes only of paragraph 1(a) 
and (b), include nationals of 
the third country concerned. or of a third country in which 
nationals of Member States 
participate by more than 50 % 
or are company shareholders 
controlling more than 50 % 
of the overall company 
capital. 
For the purpose of this 
regulation, a natural or legal 
person mentioned above 
wi 11 hereafter be referred to 
as a "Community vessel owner"; 
2. Where it has been agreed 
between a third country and 
the Community that 
registration of vessels in 
the register of that third 
country and in EUROS shall be 
permitted, the term "nationals 
of the Member States" shall, 
for the purposes of 
paragraph 1(a) and (b), 
include nationals of the third 
country concerned. 
Art icie 4 - Vessels eligible for Unchanged 
registrat ion 
Eligible for registration in EUROS 
is any sea-going merchant vessel 
of at least 500 grt, built or under 
construction, which is already 
registered in a Member State, and 
entitled to fly the flag of that 
Member State and used or to be 
used in national or international 
trade for the transport of cargo 
or passengers or any other 
commercial purpose, if it fulfils 
the following conditions: 
(a) the vessel must be and remain 
registered in the national ship 
register for the duration of 
its registration in EUROS; Eligible for registration in EUROS 
is any sea-going merchant vessel 
with a tonnage of at least 
500 grt, built or under 
construction, which is already 
registered in a Member State and 
is used or to be used for the 
transport of cargo or passengers 
or any other commercial purpose, 
if it fulfils the following 
condi t ions: 
(a) the vessel must be and remain 
registered in the national 
ship register for the duration 
of its registration in EUROS; 
(b) the vessel must be owned and 
for the duration of its 
registration in EUROS remain 
owned by the person entitled to 
register a vessel in EUROS, or 
operated by a Community vessel 
owner on the basis of a bare­
boat charter in accordance 
with the provisions of (b) the vessel must be owned, and 
for the duration of its 
registration in EUROS remain 
owned, by a Community vessel 
owner ; 
Art icie 5; 
(c) the vessel shall not be more (c) the vessel shall not be more 
than 20 years old. than 20 years old at the time 
of its registration in EUROS 
unless it has been completely 
refurbished and certified 
by a Member State as complying 
with the regulations for new 
ships defined in the 1974 
SOLAS Convent ion. 
Art icie 5 - Registration 
1. The Community vessel owner 
shall apply to the Commission 
for the registration of a 
vessel in EUROS. He shall 
submit this application either 
directly to the Commission or 
through the competent national 
authorities which shall 
forward the application to 
the Commission. 
This application shall be 
accompanied by: 
(a)A certificate of ownership 
of the vessel issued by 
the national registration 
authority; 
(b) The measurement 
cert ificate of the 
vessel ; 
(c) A certified copy of the 
vessel's certificate of 
nat ionality; 
(d) If the vessel is 
mortgaged, a wr itten 
statement by the mortgage 
creditors that they 
consent to the 
registrat ion of the 
vessel in EUROS. 
The Commission may stipulate 
other documents or 
certificates that must be 
submitted in order for a 
vessel to be registered in 
EUROS. 
Registration in EUROS shall 
be completed when the 
following data is recorded 
lo 
in the relevant entry of the 
vessel : 
(a) the name or title of the 
Community vessel owner 
and his or its other 
part iculars; 
(b) the name, the 
internat ional cal I 
letters, the dimensions 
the gross and net 
register tonnage, the 
type and power of the 
engine and the age of 
the vessel ; 
(c) the type of the vessel, 
its number and port of 
national registration. 
The Commission may also lay 
down other data concerning 
the vessel which must be 
recorded in EUROS. 
The following data shall also 
be recorded in the register.-
(a) changes of ownership or 
nat ional flag of the 
vessel ; 
(b) the deregistration of the 
vessel. 
Third parties shall be 
entitled to receive 
information of the data 
concerning a vessel 
registered in EUROS on 
payment of a reasonable fee. 
Art icie 6 - Notification 
1. Where a vessel is registered 
in or deregistered from EUROS 
the Commission shall notify 
its national registration 
author i ty. 
2. Where, for any reason, a 
vessô! is deregistered from 
the national register, the 
nnt?onc* •"*:^rs"^:; authority 
she. ! ! ;tv..7<eci ' ,:*te iy notify th^ 
Comm i ss i on. 
Art icie 7 - Certificates and 
documents of vessels 
The following certificates or 
documents must be kept on board 
the vessel for the entire duration 
of its registration in EUROS: 
(a) The certificates or documents 
which the vessel is required 
to have on board under the 
legislation of the Member 
State in whose national 
register the vessel is 
registered; 
(b) The certificate granting the 
right to fly the European 
f I ag ; 
(c) The certificate of minimum 
crew compos it ion; 
(d) The "sea-worthiness" 
certificate issued by a 
Member State in whose 
register the vessel is 
registered. 
Art icie 8 - Deregistration 
1. A vessel registered in EUROS 
shalI be deleted: 
(a) by the Commission, acting 
ex officio, where the 
vessei ceases to comply 
with the provisions of 
this régulât ion or, 
(b) by an application from 
the Community vessel 
owner. 
2. The deletion of a vessel from 
the national register of a 
Member State and its 
registration in the national 
register of another Member 
State at the same time, shall 
not affect its registration 
in EUROS. 
Art icie 5 - Bare-boat charters Art icie 9 - Bare-boat charters 
Vessels operated by Community Vessels operated by Community 
vessel owners on the basis of a shipowners on the basis of a 
bare-boat charter may be registered bare-boat charter for a period of 
fl 
in EUROS during the period of that 
charter if the following conditions 
are fulf iI led: 
the vessel is registered as a 
bare-boat chartered vessel in 
a national ship register of a 
Member State; 
the laws of the vessel's 
initial flag country allow 
bare-boat registration in 
another country; at least twelve months may be 
registered in EUROS during the 
period of that charter if the 
following conditions are 
fulfiI led: 
1. the vessel is registered as a 
bare-boat chartered vessel in 
a national ship register of a 
Member State; 
2. the laws of the vessel's 
initial flag state allow the 
registration of a bare-boat 
chartered vessel in the 
national register of a Member 
State; 
the consent of the owner of 
the vessel and of all mortgage 
creditors for the registration 
of the bare-boat is obtained; 
and the consent of the owner of 
the vessel and of all mortgage 
creditors for the registration 
of the bare-boat in EUROS is 
obtained; and 
4. the bare-boat charter is duly 
recorded in the register of the 
vessel's initial flag country. the bare-boat charter has 
been duly recorded in the 
register of the vessel's 
init ial flag state. 
SECTION 3: Safety, manning and crew 
Art icie 6 - Safety Art icie 10 - Safety 
Throughout the period of registra­
tion the vessel must be provided 
with all certificates required 
by the Member State concerned. Throughout the period of registra­
tion the vessel must be provided 
with all certificates required by 
by the Member State in whose 
national register it is 
registered. 
Art icie 11 - Manning 
1. Guidelines concerning the 
manning of vessels registered 
in EUROS shall be laid down 
by the Commission on the 
basis of the principles set 
out in Resolution No.A 481 
(XI I) of 19.11.1981 of the 
Assembly of the International 
Maritime Organization (IMO), 
after consul tat ion with the 
Joint commit too on maritime 
transport and Member States. 
The Coiiirnissior: shall adopt 
time limit mentioned in 
Article 24. 
2. The Commission shaI I include 
in the guidelines provisions 
ensuring that insofar as 
requirements concerning safe 
manning are met and the 
necessary automatation 
exists, seafarers with 
multiple qualifications 
certificates may be employed, 
provided that specific 
reference is made to this 
fact in the minimum manning 
cert ificate. 
3. Member States shall issue 
minimum manning certificates 
in conformity with paragraphs 
1 and 2 and shall deliver 
them to the persons 
requesting the registration 
of a vessel in EUROS. 
The Member State shall 
specify in the minimum 
manning certificate a 
language or languages as the 
language or languages of the 
crew. 
4. At the request of the 
Community vessel owner 
concerned or seafarers 
employed on the vessel who 
consider that the minimum 
manning certificate issued by 
a Member State is not in 
conformity with the 
guidelines laid down by the 
Commission, the Commission 
wiI I carry out an 
investigation and will take a 
decision after consultation 
with the Member State 
concerned. The Commission 
will take the decision within 
two months of the date of 
request. 
5. The decision of the 
Commission shall lay down the 
minimum manning scale of the 
vessel. The Member State 
concerned shall issue 
immediately a new certificate 
in conformity with the 
Commission decision. 
6. The national authorities 
shall monitor compliance with 
4 
the provisions or the min 
manning certificate and 
impose sanctions where 
appropriate. 
Article 7 - Nationality of crew Article 12 - Nationality of crew 
On vessels registered in EUROS all 
officers and at least half of the 
rest of the crew shall be nationals 
of a Member State. On vessels registered in 
EUROS all officers and at 
least half of the rest of the 
crew referred to in their 
minimum manning certificates 
shall be nationals of a 
Member State. 
Trainees do not count towards 
meeting the requirements above Trainees do not count towards 
meeting the requirements 
above. 
In particular, passenger 
vessels or ferries registered 
in EUROS which operate 
regular lines for passengers 
or vehicles between the ports 
of the same Member State or 
between (1) Mediterranean 
ports or (2) North Sea and 
Baltic ports or (3) European 
Atlantic ports or operate 
cruises with embarkation and 
disembarkation at any of the 
above ports, all the officers 
and the remaining crew 
referred to in the minimum 
manning certificate of 
vessels shall be nationals of 
the Member States. 
Article 13 - AvallabiIity of 
seafarers 
1. The Member States shall 
provide for monitoring on a 
permanent basis of the 
availability of seafarers who 
are nationals of Member 
States in their ports, and 
make the information so 
obtained available to 
interested parties. 
Where seafarers who are 
nationals of the Member 
States are not available for 
employment in a vessel 
registered in EUROS that lies 
in the port of a Member 
State, under the terms and 
conditions of the collective 
wage agreements concluded 
with their representative 
organizations, the Member 
State may grant permission to 
the master of the vessel to 
sail on the forthcoming 
voyage with fewer seafarers 
who are nationals of the 
Member States than those 
provided in Article 12. 
Art icie 8 - Wages, working hours 
and further labour 
condit ions Article 14 - Wages, working hours 
and further labour 
condit ions 
1. Labour conditions and working 
hours of seafarers, who are 
not nationals of a Member 
State, on board vessels 
registered in EUROS, shall be 
in accordance with the laws 
and regulations of the Member 
State in whose national 
register the vessel is 
registered and the Community 
regulations if any. 
Wages, working hours and further 
labour conditions of seafarers, who 
are not nationals of a Member 
State, on board vessels registered 
in EUROS, shall be in accordance 
with the ILO Wages, Hours of Work 
and Manning (Sea) Recommendation 
(No. 109), 1958, subject to any 
arrangement on collective wages 
agreed upon with organizations as 
referred to in Article 9. Wages and any other 
remuneration of seafarers who 
are not nationals of a Member 
State on board vessels 
registered in EUROS shall be 
at least in accordance with 
the ILO Wages, Hours of Work 
and Manning (Sea) 
Recommendation (No.109), 
1958, subject to any 
arrangement on collective 
wages agreed upon with 
organizations as referred to 
in Art icie 15. 
Art icie 9 - Co I Iect i ve wage 
agreements Art icie 15 - Co I Iect i ve wage 
agreements 
1. If Community vessel owners 
who have registered the 
vessels which they own or 
operate in EUROS employ 
seafarers who are not 
nationals of a Member State 
such seafarers may be employed 
only on the basis of collective 
wage agreements concluded with 
trade unions or similar orga­
nizations of the country where 
they are resident. 1. Seafarers who are not 
nationals of a Member State 
may be employed only on the 
basis of collective wage 
agreements concluded with 
trade unions representing 
the above seafarers. 
A 
3. No collective wage agreement 
may be concluded with a 
foreign trade union or similar 
organization on behalf of 
nationals of a third country 
if such trade union or orga­
nization does not satisfy the 
conditions of ILO Convention 
No. 87 concerning the freedom 
of association and protection 
of the right to organize. 
The law of the Member State of 
registration of the vessel or, 
if explicitly referred to in 
the agreement, any other Member 
State, shall apply to such 
collective wage agreements. The 
courts of the Member State 
concerned shall be competent to 
hear and determine disputes 
arising out of such agreements. No collective wage agreement 
may be concluded with a trade 
union on behalf of nations s s 
of a third country if such 
union does not satisfy the 
conditions of ILO Convention 
No. 87 concerning the freedom 
of association and protection 
of the right to organize. 
The law of the Member State 
of registration of the vessel 
or, if explicitly referred to 
in the agreement, any other 
Member State, shall apply to 
such collective wage 
agreements. The courts of the 
Member States, shall be 
competent to hear and 
determine disputes arising 
out of such agreements and 
from individual labour 
contracts drawn up in 
accordance with and in 
implementation of such a 
collective wage agreement. 
Collective agreements must 
not contain discriminatory 
rules, based on sex. 
Article 10 - Social security Art icie 16 - Social security 
Without prejudice to Article 
13(2)(C) of Council Regulation 
(EEC) No. 1408/71 and unless 
otherwise mutually agreed at the 
level of governments or social 
partners, social security for 
seafarers on board vessels 
registered in EUROS shall be the 
responsibility of the country 
in which the seafarer is 
resident unless the 
legislation of that country 
expressly provides otherwise, in 
which case the Member State of 
registration shall be responsible 
but in accordance with the 
legislation of the country of 
res idence. 
For the purpose of this provision 
residence means residence on shore Without prejudice to Article 
13 (2) (c) of Council Regulation 
(EEC) No. 1408/71 and in the 
absence of a contrary agreement at 
the level of governments or social 
partners, social security for 
seafarers on board vessels 
registered in EUROS shall be the 
responsibility of the country in 
which the seafarer has his usual 
residence unless the legislation 
of that country expressly provides 
otherwise, in which case the 
Member State in whose national 
register the vessel is registered 
shall be responsible but in 
accordance with the legislation 
generally applicable to seafarers 
of the country of usual residence. 
Unchanged 
n 
and employment on board a vessel 
registered in a Member State shall 
not, of itself, be considered as 
being residence in that State. 
Article 11 Article 17 
Articles 8, 9, and 10 shall apply 
subject to any right conferred or 
obligations imposed by any other 
Community legislative act except 
where such act expressly provides 
otherwise. Articles 14, 15 and 16 shall apply 
subject to any right conferred or 
obligations imposed by any other 
Community legislative act except 
where such act expressly provides 
otherwise. 
SECTION 4: Facilities attached to registration in EUROS 
Article 12 - Transfer of vessels Article 18 - Transfer of vessels 
Any vessel registered in EUROS and 
having valid certificates and 
classification and meeting the 
essential technical 
requirements to be laid down by 
the Council according to the 
provisions of the Treaty before 
1 July 1991, may be transferred 
to the register of another Member 
State without the imposition of 
additional technical requirements. Any vessel registered in EUROS and 
having valid certificates and 
classification and meeting 
the essential technical 
requirements to be laid down by 
the Council according to the 
provisions of the Treaty before 
31 December 1991, may be 
transferred to the register of 
another Member State without the 
imposition of additional technical 
requirements. 
Art icie 13 - Recognition of 
seafarers' qualifications Article 19 - Recognition of 
seafarers' qualifications 
The qualifications and licences 
of seafarers who are nationals 
of a Member State shall be 
recognised by the competent 
authorities of each Member State 
for the purposes of employment 
on any vessel registered in EUROS, 
subject to minimum requirements 
for professional training and 
experience in the function 
concerned as required in 
Directives adopted or to be 
adopted by the Council, 
according to the provisions 
of the Treaty, before 
1 July 19S1. The qualifications and licences of 
seafarers who are nationals of a 
Member State shall be recognised 
by the competent authorities of 
each Member State for the purposes 
of employment on any vessel 
registered in EUROS, subject to 
minimum requirements for 
professional training and 
experience in the function 
concerned as required in 
Directives adopted or to be 
adopted by the Council, 
according to the provisions 
of the Treaty, before 
31 December 1991. 
SECTION 5: European flag, port of registration 
Article 14 - European Flag 
1. Vessels registered in EUROS 
are entitled and obliged to fly 
the European flag in addition 
to their national flag. 
2. Upon registration a certificate 
conveying the right to fly the 
European flag will be delivered 
by the Commission to the 
applicant for registration. Article 20 - European Flag 
1. Unchanged. 
Unchanged 
Art icie 15 - Port of registration Art icie 21 - Port of registration 
A vessel registered in EUROS shall 
bear a relevant identification on 
its stern under the name of the 
port of registry in its national 
register. A vessel registered in EUROS shal 
bear a relevant identification on 
its stern under the name of the 
port of registry in its national 
registrat ion. 
Article 22 - Rights in rem 
Where a vessel flies the European 
flag this shall not: affect the 
rights in rem and maritime liens 
on this vessl and/or matters of 
public, administrative or crimina 
law which shall continue to be 
governed by the laws of the 
national flag Member State. 
Article 23 - Calculation of the 
age of a vessel 
For the purpose of this Regulation 
the age of a vessel shall be 
calculated from the first of 
January of the year following the 
year in which the vessel was 
delivered by the shipyards ready 
for commercial use. 
Art icie 16 - Implementing measures Art icie 24 - Implementing measures 
The Commission shall, within six 
months after the adoption of this 
regulation, adopt the necessary 
implementing measures concerning 
the establishment of EUROS, the 
procedures for registration and 
deregistration, the form and 
content of the documents 
concerned, including the 
certificate concerning the The Commission shall, within six 
months after the adoption of this 
regulation, adopt the necessary 
implementing measures concerning 
the establishment and functioning 
of EUROS, the procedures for 
registration and deregistration, 
the system for monitoring 
compliance with the provisions 
of this regulation and the 
ft 
right to fly the European flag, 
the form of, and rules 
governing the flying of, the 
flag, and the identification 
of vessels on the register. sanctions in case of failure to 
observe them and lay down the 
form and content of the documents 
concerned, including the 
certificate concerning the right 
to fly the European flag, the form 
of, and rules governing the flying 
of, the flag, and the minimum 
manning cert ificate. 
Art icie 17 - Cooperation 
1. National authorities and the 
Commission shall assist each 
other in applying this 
Regulation and in checking 
compliance therewith. Article 25 - Cooperation 
Unchanged. 
Within the framework of this 
mutual assistance they shall 
communicate to each other the 
necessary information with 
respect to registration and 
deregistrat ion. Within the framework of this 
mutual assistance they shall 
communicate to each other the 
necessary information. 
Art icie 18 - Transitional period Art icie 26 - Transitional period 
1. Member States shall, within six 1. 
months after the adoption of this 
Regulation and after consultation 
with the Commission, take the 
necessary measures to: Member States shall, within 
twelve months of the adoption 
this Regulation and after 
consultation with the 
Comm i ss i on : 
organize effective controls 
to ensure compliance with 
the requirements laid down 
in Sections 2, 3 and 5; (a) adopt measures to protect the 
European flag and take the 
necessary measures to enable 
those vessels registered in 
EUROS to exercise their right 
to fly it; 
impose sanctions in case of 
non-compliance with those 
requi rements; (b) take the necessary measures 
effectively to control 
compliance with the relevant 
provisions of Sections 2, 3 
and 5 of this Regulation and 
of the decisions implementing 
these provisions which shall 
be issued by the Commission 
and to introduce the 
procedure for imposing 
sanct ions. 
2. enable vessels registered in 
EUROS to exercise the right to 
fly the European flag. 
Such measures shall make express 
reference to this Regulation. Unchanged 
Member States shall forthwith 
communicate to the Commission 
the measures adopted. Unchanged. 
Art icie 27 - Reports and review 
The Commission shall make an 
annual report to the European 
Parliament and Council, beginning 
on 1 July 1993, on the number of 
vessels registered in EUROS and 
the composition of their crews. It 
shall also propose to the Council 
any amendments to this Regulation 
which may be required. 
Art icie 28 
By 31 December 1995 at the latest 
the Council shall decide on a 
review of this Regulation on the 
basis of a proposal from the 
Commission which shall be 
submitted by 1 July 1995. 
Article 19 - Entry into force Article 29 - Entry into force 
This Regulation shall enter into 
force on 1 January 1991. This Regulation shall enter 
force on 1 January 1992 into 
This Regulation shall be binding 
in its entirety and directly 
applicable in all Member States. Unchanged 
21 
Amended proposal for a Council Regulation 
on a common definition of a Community shipowner 
(Submitted by the Commission pursuant to Article 149(3) 
of the EEC Treaty) 
INITIAL PROPOSAL AMENDED PROPOSAL 
THE COUNCIL OF THE EUROPEAN 
COMMUNITIES, THE COUNCIL OF THE EUROPEAN 
COMMUNITIES, 
Having regard to the Treaty 
establishing the European Economic 
Community, and in particular 
Article 84(2) thereof, 
Having regard to the proposal of 
the Commission, 
Having regard to the opinion of 
the European Parliament, 
Having regard to the opinion of 
the Economic and Social Committee, Visas unchanged 
Whereas the development of the single Unchanged, 
market makes it desirable to affirm 
the identity of the Community also 
in the field of sea transport 
services; 
Whereas to an increasing degree Unchanged. 
Community legislation refers to 
Community shipowners and there 
should be a common view on the 
identity of such a shipowner; 
Whereas it is desirable to Unchanged. 
distinguish between companies 
owned by nationals of a third 
country or the majority of whose 
board consists of nationals of 
such a country and those which are 
owned or managed by Community 
nationals, taking into account 
that the former may themselves 
have acquired the same status as 
companies of the Member States by 
their establishment in a Member 
State; 
21 
- 2 -
Whereas such a distinction can be 
achieved by defining as Community 
shipowners those nationals of a 
Member State who have a significant 
economic link with a Member State; Unchanged. 
HAS ADOPTED THIS REGULATION: HAD ADOPTED THIS REGULATION: 
Art icie 1 Article 1 
This Regulation lays down criteria 
establishing a common definition of 
a Community shipowner. Unchanged 
Art icie 2 Art icie 2 
Unless otherwise stated, all 
references to "Community shipowner", 
in regulations, directives and 
decisions of the Council are to be 
interpreted in accordance with 
Art icles 3 and 4. Unchanged 
Art icie 3 Art icie 3 
For the purpose of this Regulation 
"a shipowner" means: 
a natural or legal person providing 
a liner or tramp service in the field 
of maritime transport of passengers or 
goods by one or more sea-going vessels 
which he or it owns or has chartered 
on the basis of a bare-boat charter, 
time charter or voyage charter. Unchanged 
Art icie 4 Art icie 4 
The following shipowners are 
regarded as Community shipowners The following shipowners are 
regarded as Community 
shipowners: 
1a a national of a Member State, 
who has his domicile or usual 
residence in a Member State; 1a a national of a Member State, 
who has his domicile or usual 
residence in a Member State; 
1b a shipping company or firm which 
is formed in accordance with the 
law of a Member State and which 
complies with the following 
requirements: 1b a company or firm which is 
formed in accordance with the 
law of a Member State and 
which complies with the 
following conditions: 
(i) the principal place of 
business is situated and 
the effective control 
exercised in a Member State 
and (i) the principal pi ace of 
business is situated and 
the effective control 
exercirsd hi a Morzlzi. 
State and 
Î3 
- 3 -
(ii)the executive board consists 
of persons the majority of 
whom are nationals of a 
Member State or the majority 
of shares are owned by 
nationals of a Member State 
having their domicile or 
usual residence in a Member 
State; (ii)a majority of the members 
of the board or of the 
directors are nationals 
of Member States 
having their domicile or 
usual residence in the 
Community or 
in which nationals of 
Member States participate 
by more than 50 % or are 
company shareholders 
controlling more than 50 î 
of the overall company 
capital 
2a a national of a Member State who 
has his domicile or usual 
residence outside the Community 
if his vessels are registered in 
that Member State in accordance 
with its legislation; 2a a national of a Member State 
who has his domicile or usua 
residence outside the 
Community if he is the owner 
of a vessel registered in a 
Member State in accordance 
with its legislation; 
2b a shipping company or firm 
established outside the 
Community and controlled by 
nationals of a Member State if 
its vessels are registered in 
that Member State in accordance 
with its legislation. 2b a company or firm formed in 
accordance with the law of a 
third country in which 
nationals of Member 
States participate by more 
than 50 % or are 
shareholders controlling more 
than 50 % of the overalI 
company capital provided that 
it is the owner of a vessel 
registered in a Member State 
in accordance with its 
legislat ion. 
Art icie 5 Art icie 5 
This Regulation shall enter into 
force on 1 January 1990. 
This Regulation shall be binding 
in its entirety and directly 
applicable in all Member States. This Regulation shall enter 
force on 1 July 1991. 
Unchanged. into 
24 
Amended proposal for a Council Regulation 
applying the principle of freedom to provide service to maritime 
transport within Member States 
(Submitted by the Commission pursuant to Article 149(3) 
of the EEC Treaty) 
INITIAL PROPOSAL AMENDED PROPOSAL 
THE COUNCIL OF THE EUROPEAN 
COMMUN ITI ES, THE COUNCIL OF THE EUROPEAN 
COMMUN ITI ES, 
Having regard to the Treaty 
establishing the European Economic 
Community, and in particular 
Article 84 (2) thereof, 
Having regard to the proposal of 
the Commission, 
Having regard to the opinion of 
the European Parliament, 
Having regard to the opinion of 
the economic and Social Committee, Visas unchanged 
Whereas the principle of freedom 
to provide services does not yet 
apply to maritime transport within 
the Member States; 
Whereas it is important to adopt 
measures with the aim of progressively 
establishing the internal market over 
a period expiring on 31 December 1992; 
whereas; the internal market shall 
comprise an area without internal 
frontiers in which the free movement 
of goods, persons, services and 
capital is ensured; Unchanged 
Unchanged 
25 
- 2 -
Whereas the creation of an 
internal market which covers an 
area without internal frontiers 
will have to take into account 
the principles of the Treaty 
with regard to the raising of 
the standard of living including 
the improvement of the 
employment opportunities for 
workers; 
Whereas in accordance with Article 
61 of the Treaty freedom to provide 
services in the field of maritime 
transport is to be governed by the 
provisions of the Title relating to 
transport ; Unchanged 
Whereas the abolition of restrictions 
on the provision of maritime 
transport services within Member 
States is necessary for the 
establishment of the single market; Unchanged 
Whereas therefore the principle of 
freedom to provide services should 
be applied to maritime transport 
within Member States-, Unchanged 
Whereas this freedom should be 
subject to conditions in respect 
of the vessels used to provide the 
services, so as to ensure a degree 
of approximation of operating 
conditions among the persons and 
companies providing such services-, Unchanged 
Whereas the introduction of 
public services entailing 
certain rights and obligations 
for the shipowners concerned may 
be justified in order to ensure 
regular transport services on 
certain links, provided that 
there is no distinction on the 
grounds of nationality or 
residence; 
Whereas such conditions are 
fulfilled by ships registered in the 
Community ship register established 
by Council Regulation (EEC) No... and 
used in short-sea trades; 
3 -
HAS ADOPTED THIS REGULATION: HAS ADOPTED THIS REGULATION: 
Art icie 1 Article 1 
1. Restrictions on freedom to 
provide maritime transport services 
within Member States shall be 
abolished in respect of Community 
shipowners who are established in 
a Member State of the Community 
other than that of the person for 
whom the services are intended when 
using vessels registered in the 
Community ship register and not 
exceeding 6000 grt. 1. Restrictions on freedom to 
provide maritime transport 
services within Member States 
shall be abolished in respect 
of the Community shipowners 
referred to in Article 4 of 
Regulation No. on a common 
definition of a Community 
shipowner where, in providing 
these services, they exclusively 
use vessels registered in the 
Community ship register not 
exceeding 6000 grt, provided 
that these vessels are allowed 
to operate in services, if any, 
within the State where they are 
registered. 
2. The provisions of this Regulation Deleted 
shall also apply to nationals of the 
Member States established outside 
the Community and to shipping 
companies established outside the 
Community and controlled by nationals 
of a Member State, if their vessels are 
registered in that Member State in 
accordance with its legislation and 
in the Community ship register and not 
exceeding 6000 grt. 
3. For the purposes of this 
Regulation, services shall be 
considered as "maritime transport 
services" where they are normally 
provided for remuneration and shal 
in part icuiar include: Unchanged 
(a) the carriage of passengers or 
goods by sea between ports in 
any one Member State, including 
overseas deparments of that 
State (cabotage); 
(b) the carriage of passengers or 
goods by sea between any port 
in a Member State and instal­
lations or structures on the 
continental shelf of that 
Member State (off-shore supply 
services). 
n 
u 
- 4 -
4. The Member State between whose 
ports the maritime transport services 
are provided may require that the 
vessels used for these services are 
manned with nationals of the Member 
States to the same degree as is 
required in respect of the vessels 
flying its own flag which are used 
for these services. 4. The Member 
whose ports t 
transport ser 
provided may 
vessels used 
are manned wi 
the Member St 
degree as is 
of the vessel 
flag which ar 
services and 
have similar 
required of i 
employed ther State between 
he mar i t ime 
vices are 
require that 
for these services 
th nat ionals of 
ates to the same 
required in respect 
s flying its own 
e used for these 
that they shalI 
training to that 
ts nat ionals 
ein. 
Art icie 2 Art icie 2 
1. Notwithstanding Article 1(1) Unchanged 
and (2), a Member State may, where 
necessary in order to maintain 
sufficient maritime transport services 
in the case of cabotage between the 
mainland and its islands and between its 
islands, impose public service obligations 
as a condition for the right to provide 
the service. 
2. For the purpose of this Regulation Unchanged 
the law, regulations or administrative 
conditions imposed by Member States 
aiming to guarantee the continuity, 
regularity and efficiency of the 
services, and the provision of goods 
of fundamental importance for the 
economic we I I being of such territories 
shall be considered as public service 
obiigat ions. 
Article 3 
1. In the event of severe market 
disruption or serious imbalances 
between supply and demand in a 
given geographical area, the 
Commission shall, either on its 
own initiative or at the request 
of a Member State, adopt 
safeguard measures with a view 
to appropriately redressing the 
situât ion. 
>t 
5 -
Where a Member State puts a 
request to the Commission, 
the decision shall be adopted 
within thirty days of receipt 
of the request duly 
accompanied by the 
information considered 
relevant. 
Art icie 3 Art icie 4 
Articles 55 to 58 and 62 of the 
Treaty shall apply to the matters 
covered by this Regulation. Unchanged 
Art icie 4 Article 5 
Without prejudice to the provisions Unchanged 
of the Treaty relating to the right 
of establishment, a person providing 
a maritime transport service may, in 
order to do so, temporarily pursue 
his activity in the Member State where 
the service is provided, under the same 
conditions as are imposed by that State 
on its own nationals. 
Art icie 5 Art icie 6 
Member States shall, before adopting 
laws, regulations or administrative 
provisions in implementation of 
Article 2 consult the Commission. 
They shall send to the latter any 
such measures so adopted. Unchanged 
Article 6 Article 7 
This Regulation shall be reviewed Unchanged 
before 1 January 1993. 
Art icie 7 Article 8 
This Regulation shall enter into 
force on 1 January 1991. This Regulation shall enter 
into force on 1 July 1991. 
This Regulation shall be binding in its entirety and directly 
applicable in all Member States. 
M 

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