10.3.77 Official  Journal  of the European  Communities No C 61/29 
Opinion  on the  proposal  for  a Council  Regulation  on the  harmonization  of certain 
social  provisions  relating  to goods  transport  by inland  waterway 
The text  referred  to the  Committee  has  been  published  in Official  Journal  of the 
FMropean  Communities  No  C 259  of 12 November  1975,  page  2. 
A. LEGAL  BASIS  FOR  THE  OPINION 
On 25  September  1975,  the  Council  referred  the  abovementioned  proposal  to the 
Economic  and  Social  Committee  in accordance  with  Article  75  of the  Treaty 
establishing  the European  Economic  Community. 
B. OPINION  OF  THE  ECONOMIC  AND  SOCIAL  COMMITTEE 
The Economic  and  Social  Committee  prepared  its opinion  on the  above  matter  at its 
145th  plenary  session,  held  in Brussels  on 26 and  27 January  1977. 
The full  text  of the opinion  is as follows: 
THE  ECONOMIC  AND  SOCIAL  COMMITTEE, 
Having  regard  to the  request  for  an opinion  made 
by the  Council  of the  European  Communities  on 
25 September  1975, 
Having  regard  to the Treaty  establishing  the European 
Economic  Community,  and  in particular  Article  75 
thereof, 
Having  regard  to Council  Decision  No  65/271/EEC 
of 13 May  1965  on the  harmonization  of certain 
provisions  affecting  competition  in transport  by rail, 
road  and  inland  waterway  (*), 
Having  regard  to, in particular,  Articles  10, 11 and  13 
of this  Decision  which  stipulate  that: 
— "...  laws,  regulations  and  administrative  provisions 
relating  specifically  to working  conditions  ... shall, 
within  each  mode  of transport,  be approximated 
so as to improve  such  provisions  . . 
— this  approximation  shall  later  be 'supplemented 
by like  approximation  of all  laws,  regulations 
and administrative  provisions  relating  specifically 
to working  conditions  in the  three  modes  of 
transport'; 
(1) OJ No 88, 24. 5. 1965,  p. 1 500/65. — '. . . the manning  provisions  for  each  mode  of 
transport  shall  be standardized  on a Community 
basis'; 
— '. . . for transport  by inland  waterway,  a record 
book  shall  be introduced,  by means  of which  it 
shall  be possible  to check  on an individual  basis 
compliance  with  provisions  concerning  working 
periods', 
Having  regard  to the  decision  taken  by its Bureau 
on 23 September  1975,  instructing  its Section  for 
Transport  and  Communications  to draw  up  an 
opinion  and  a report  on the matter, 
Having  regard  to the  opinion  issued  by its Section 
for Transport  and  Communications  at its  109th 
meeting,  held  on 12 January  1977, 
Having  regard  to  the  report  submitted  by  the 
rapporteur,  Mr de Vries  Reilingh, 
Having  regard  to the discussions  at its 145th  plenary 
session,  held  on 26 and  27 January  1977  (meeting 
of 26 January), 
Whereas  the rules  to be enacted  for inland  waterway 
transport  have  as their  principal  aim  equalization  of 
the terms  of competition; 
Whereas,  however,  the  rules  must  also  help  to 
improve  labour  conditions  and  safety  in the industry, 
No C 61/30 Official  Journal  of the European  Communities 10. 3. 77 
HAS  ADOPTED  THE  FOLLOWING  OPINION 
by a majority,  with  22 abstentions: 
1. GENERAL  COMMENTS 
1.1. The  Committee  notes  that  the  Commission 
has not  dealt  with  all areas  of labour  provisions  in 
the proposal,  but  has  left  some  areas  referred  to in 
Decision  65/271/EEC,  particularly  working  hours 
as such  and  overtime  arrangements,  till  later. 
Furthermore,  the proposed  Regulation  does  not  apply 
to passenger  transport  but  only  to goods  transport. 
The Committee  agrees  with  this  limitation  of scope. 
1.2. Although  the  proposed  Regulation  is based 
on Decision  65/271/EEC,  with  the  result  that 
legally  its basic  purpose  is to remove  distortions 
of competition,  the  Committee  agrees  with  the 
Commission  that  the  Regulation  should  also  serve 
the purpose  of improving  working  conditions  and 
increasing  safety  in inland  waterway  shipping. 
1.3. The  Committee  concentrated  on  the  three-
major  issues  raised  in the proposal,  namely: 
— qualifications  of crew  members; 
— manning; 
— working  and  rest  periods. 
It was  helped  in this  by a summary  of the  results 
of a Commission-sponsored  study,  carried  out  by the 
INTERFIDES  accounting  and  auditing  firm,  into  the 
likely  economic  effects  of the  proposed  Regulation. 
1.4. The  Committee  thinks  that  the  requirements 
concerning  the qualifications  of crew  members  should 
be based  on  the  Regulation  on  the  award  of 
boatman's  licences  for  navigation  on the  Rhine  (last 
amended  in  1976)  and  the  Regulation  on  the 
inspection  of shipping  on the  Rhine  (last  amended 
in 1976).  However,  within  a period  to be decided  by 
the Council,  the  Commission  should  be able,  using 
the procedure  set out  in Article  7 (3),  at the  request 
of a Member  State  and  after  consulting  both  sides 
of the  industry,  to allow  the  rules  on the  minimum 
age and  number  of years  experience  required  for 
certain  crew  members  (in  this  case  boatman  and 
deckhand)  to be departed  from  on certain  waterways, 
in the  light  of  the  particular  traffic  conditions 
obtaining.  The  purpose  of such  exemptions  must  be to enable  the  situation  in the  waters  concerned  to be 
brought  into  line  with  the  Community  rules  within 
the period  specified. 
1.5. The  provisions  on  manning  which  the 
Commission  is proposing  are  essentially  the  same  for 
the categories  covered  by the  Regulation  as in the 
Regulation  on  the  inspection  of shipping  on  the 
Rhine.  The  Committee  supports  this.  The  Committee 
also agrees  with  the  proposal  in Article  7 (2)  that 
within  a period  to be decided  by the  Council,  the 
Commission  should  be  able,  at the  request  of a 
Member  State  and  after  consulting  both  sides  of the 
industry,  to allow  the  rules  on  manning  to be 
departed  from  on  certain  waterways,  in the  light 
of the  particular  traffic  conditions  obtaining.  Here 
too, the  exemptions  should  serve  to enable  the 
operators  concerned  to adapt  to the  Community 
rules  within  the  period  specified.  Where  the  special 
circumstances  justifying  an  exemption  are  to be 
ascribed  to  the  infrastructure  of  the  waterway 
concerned,  it would  be  reasonable  to extend  the 
period  decided  by the  Council  until  such  time  as the 
necessary  improvements  are  made  to  the  infra-
structure  in question. 
1.6. Regarding  working  hours  and  rest  periods, 
the Committee  considers  that  the  rules  must  be 
suited  to the  special  features  of inland  shipping  and 
allow  operating  flexibility. 
However,  the Committee  takes  the view  that  progress 
in working  conditions  demands  that  there  be 
minimum  Community-wide  standards  applying  to 
all workers  in inland  shipping.  This  has  prompted 
the Committee  to propose  a number  of amendments 
to Articles  10 to-14  inclusive  (cf. paragraphs  2.15-2.20). 
1.7. The  Committee  considers  that  a Regulation 
like that  now  proposed  would  have  little  practical 
effect  unless  its provisions  were  applied  strictly  and 
uniformly  in all Member  States.  Consequently,  it is of 
the utmost  importance  to ensure  that  the  Regulation 
is effectively  enforced  and  that  any  infringements  are 
suitably  punished.  Under  the  terms  of the  proposal, 
the Member  States  are  to be responsible  for  this 
policing.  In the  Committee's  view,  it is absolutely 
essential  to ensure  that  the  same  criteria  are  used 
in policing  the  Regulation  in all the  Member  States, 
and that  the  enforcement  measures  are  introduced  at 
the same  time  as the  Regulation  itself,  to make  sure 
that the provisions  are complied  with. 
1.8. The  Committee  considers  that  the  other 
internationally  agreed  Regulations  applicable  to 
Community  inland  waterway  transport  should  not 
'10.3.77 Official  Journal  of the European  Communities No C 61/31 
be allowed  to stand  in the  way  of a Community 
Regulation  that  better  serves  the  aims  of the  EEC 
Treaty,  and  that  discrepancies  between  the  inter-
nationally  agreed  regulations  and  the  proposed 
Community  Regulation  should  be  eliminated  as 
quickly  as possible. 
1.9. As  indicated  above  under  1.5,  the Committee 
supports  the  Commission  in making  the  minimum 
manning  standards  ior the  various  types  of vessel 
(set out  in the Annex)  essentially  the same  as those 
in the  Regulation  on the  inspection  of shipping  on 
the Rhine.  However,  it has  noted  that  both  in 
content  and  terminology  the  Annex  differs  in a 
number  of instances  from  the  above  Regulation. 
The Committee  trusts  that  the necessary  corrections 
will be made,  and  is pleased  to hear  that  the 
Commission  has  now  taken  steps  to do so. 
2. SPECIFIC  COMMENTS 
2.1. Article  1 
2.1.1.  First  indent 
The Dutch  version  of the last phrase  is different  from 
the other  language  versions;  the  Dutch  version 
refers  to 'andere  arbeid  aan  het  instrumentenbord' 
('other  work  at the  instrument  panel'),  while  the 
French  version  (and  other  versions)  refer  to 'autres 
travaux  de bord'  ('other  tasks  on board'). 
The Dutch  version  is prefereable  because  there  is a 
logical  connection  between  the  tasks  listed:  all are 
done  in the wheelhouse. 
To preclude  misunderstanding  it is proposed  that 
the last  phrase  should  read  'and  other  tasks  in the 
wheelhouse  connected  with  navigation'. 
2.1.2.  Fifth  indent 
Some  of the  translations  of 'jours  mixtes'  ('mixed 
duty  days')  (translated  'vaar-  en ligdagen'  — literally 
sailing  and  lay days  — in the present  Dutch  version) 
could  be misconstrued. 
To avoid  confusion  it is proposed  that  all versions 
use the  terms  corresponding  to 'mixed-duty  days' 
which  are  in current  use  in international  Rhine 
traffic.  These  terms  should  also  be standardized  in 
all future  Community  documents. 2.1.3.  Seventh  indent 
It is proposed  that  'pursuant  to shipping  regulations' 
be replaced  by 'pursuant  to the regulations  governing 
inland  waterway  transport'. 
2.1.4.  Seventh  and  ninth  indents  (applies  also  to 
Articles  1 (2) and  1(8)) 
In the  German  version  'Tagesruhe'  is used  inter-
changeably  with  'tagliche  Ruhezeit'  (daily  rest 
period).  'Tagesruhe'  should  be used  throughout. 
2.1.5.  10th  indent 
To remove  differences  of meaning  between  the 
different  versions  and  to make  the  Dutch,  German 
and other  versions  clearer,  this  indent  should  be 
amended  to read: 
'time  during  which  loading  and  unloading  is 
held up in the course  of the working  day  before 
the said  loading  and  unloading  is completed'. 
2.1.6. 12th  indent 
It is proposed  that  the phrase  in brackets  be amended 
to read: 
'any interruptions  of work  are not official  breaks 
within  the meaning  of Article  15'. 
2.2. Article  1 (3) 
It has already  been  proposed  in the comments  on the 
fifth  indent  that  the terms  corresponding  to 'mixed-
duty  days'  (Dutch:  'gemengde  dagen',  German:  'ge-
mischte  Tage',  French:  'jours  mixtes',  etc.)  be used 
in all  languages  in place  of other  terms  (e.g. 
'vaarligdagen'  in Dutch). 
The following  phrase  should  be added  to Article 
I (3):  'and  also  the  time  during  which  the  crew 
must  remain  on stand-by'. 
2.3. Article  1 (4) 
Article  5 does  not  lay down  any  requirements  to be 
met by stokers.  Moreover  inland  waterway  goods 
transport  vessels  (both  dry  cargo  vessels  and  tank 
vessels)  do not have  stokers  in the crew. 
No C 61/32 Official  Journal  of the European  Communities 10. 3. 77 
The words  'or stoker'  should  therefore  be deleted 
in Article  1 (4). 
2.4. Article  1 (5) 
In the Dutch  version,  the term  'normale  vaart'  in (a) 
should  be replaced  by 'dagvaart'  ('daytime  sailing'). 
As regards  the number  of hours  referred  to in this 
paragraph  and  the  stipulation  of night  rest  periods, 
see comments  on Articles  10 and  14. 
2.5. Article  1 (8) 
As regards  the number  of hours  referred  to in this 
paragraph,  see comments  on Article  14. 
2.6. Article  2 (1) 
The present  wording  could  be  misconstrued  as 
excluding  from  the  scope  of the  Regulation  tugs, 
pushboats  and  empty  vessels. 
The latter  part  of the  clause  should  therefore  be 
amended  to: 
'of vessels  using  the inland  waterways  of Member 
States,  except  passenger  vessels  and  vessels 
referred  to in Article  4'. 
2.7. Article  2 (2) 
The Committee  accepts  that  this  clause  is necessary 
to give  the EEC  countries  concerned  time  to reach 
agreement  with  Switzerland  on the  application  of 
the Regulation. 
However,  both  for reasons  of the safety  of shipping 
and to avoid  unfair  competition  it is important  that 
the Regulation  should  be made  applicable  to vessels 
from  non-member  countries  as soon  as possible. 
In this  connection  a wording  is required  which  leaves 
no doubt  as to the applicability  of the Regulation  to 
the crews  of vessels  from  Comecon  countries  also. 
The Regulation  needs  to be stringently  enforced,  as 
sailing  under  flags  of convenience  is beginning  to 
spread  to inland  shipping  which  not  only  distorts 
competition,  but  above  all involves  a danger  that 
the conditions  under  which  the crews  of such  vessels 
have  to work  will  be sub-standard. 2.8. Article  4 
2.8.1.  Second  indent 
The Dutch  version  of this  indent  should  be aligned 
with  the French  original,  to read  as follows: 
'— vlotten  en  drijvende  werktuigen  met 
mechanische  apparatuur  en waarmee  geen 
goederen  word  en vervoerd.' 
2.8.2.  Third  indent 
For greater  clarity  the text  should  be made  to read: 
'— vessels  of under  150  tonnes  deadweight  which 
are not tugs  or pushboats  nor  used  as such.' 
2.8.3.  Sixth  indent 
To make  it clear  what  is meant,  this  indent  should 
be amended  to read: 
'— vessels  carrying  suitable  equipment  and 
specially  designed  for  providing  immediate 
assistance  in emergencies'. 
2.8.4.  Seventh  indent 
The word  'batiments'  should  be  substituted  for 
'bateaux'  in the  French  version,  and  'dienstvaar-
tuigen'  for  'dienstschepen'  in the  Dutch  version. 
2.8.5.  Eighth  and  ninth  indents 
The Committee  proposes  that,  for  greater  clarity, 
the eighth  and  ninth  indents  be amended  as follows: 
'— tugs  and  pushboats  used  solely  for assisting 
sea-going  ships  in port'. 
The Committee  thinks  local  loading  or unloading 
operations  in works  harbours  attached  to a particular 
undertaking  should  also  be  exempt  from  the 
Regulation. 
The Committee  proposes  adding  the following  new 
indent  to Article  4: 
'— vessels  used  exclusively  for local  loading  and 
unloading  operations  in industrial  harbours 
attached  to a particular  undertaking'. 
10. 3. 77 Official  Journal  of the European  Communities No C 61/33 
2.9. Article  5 
The Committee  thinks  that  in view  of the  general 
tendency  in inland  waterway  transport  towards 
increasingly  intensive  operations,  bigger  units, 
dangerous  cargoes,  etc.,  crew  members  should  have 
to meet  exacting  standards  and  should  be acquainted 
both  with  the  specific  navigational  problems  and 
with  the  problems  of loading  and  unloading.  It is, 
therefore,  proposed  that  in general  similar  standards 
to those  in force  in Rhine  navigation  be adopted  for 
the jobs  referred  to in Article  5. For  age  and  the 
minimum  number  of  years  experience,  such 
requirements  would  be: 
— boatman: 
at least  21 years  of age;  at least  five  years' 
experience  as a member  of a deck  crew  at sea 
or on inland  waterways,  of which  at least  three 
on inland  waterways; 
— helmsman: 
at least  19 years  of age;  at least  two  years' 
experience  as deckhand  or deckhand/motorman 
on inland  waterways; 
— deckhand: 
at least  17 years  of age;  at least  two  years' 
experience  as a member  of a deck  crew  at sea 
or on inland-waterways; 
— ship's  boy: 
at least  15 years  of age; 
— engineer: 
at least  three  years'  experience  as deckhand 
motorman; 
— deckhand/motorman: 
at least  one  year's  experience  as deckhand  on 
board  sea  or inland-waterway  vessels  equipped 
with mechanical  means  of propulsion. 
In addition,  certain  physical  requirements  should  be 
laid down  for boatmen,  as in the Regulation  on the 
award  of boatman's  licences  for  navigation  on the 
Rhine,  and  a basic  knowledge  of engines  should  be 
required  of engineers  and  deckhand/motormen,  as 
in the  Regulation  on the  inspection  of shipping  on 
the Rhine. 
The following  stipulations  should  also  be made 
regarding  the crediting  of training  against  experience: 
— for  boatmen,  boatman's  training  may  be counted 
as two  years'  experience; 
— for  engineers,  engineer's  training  may  be regarded 
as equivalent  to the three  years'  experience  as a 
deckhand/motorman; — for deckhand,  the full  period  spent  in deckhand's 
training  may  be counted  as experience. 
The Council  should  set minimum  standards  not only 
for the training  of boatmen  and  engineers,  but  also 
for the  training  of deckhands.  The  standards  for 
deckhand's  training  should  include  compulsory 
practical  training. 
The Committee  considers,  however,  that  during  a 
period  to be decided  by the Council  the Commission 
should  be able  at the request  of a Member  State  and 
after  consulting  both  sides  of the industry,  to allow 
the above  provisions  to be departed  from  on certain 
waters,  in the light  of the particular  traffic  conditions 
obtaining.  Such  exemptions,  which  would  be 
temporary,  could  only  concern  the  age  and  the 
minimum  number  of years  experience  of boatmen 
and deckhands. 
2.10.  Article  6 
The Committee  considers  that  crew  members  should 
be liable  for duties  outside  their  normal  work  only 
in emergencies  where  the safety  of the vessel  or crew 
is threatened  or there  is a risk  to the  cargo.  The 
addition  of the  proviso  that  the  crew  member 
concerned  must  possess  the  necessary  mental  and 
physical  qualities  for such  tasks  is considered  super-
fluous. 
Article  6 should  be amended  accordingly. 
2.11.  Article  7 (1) 
The Committee  supports  the Commission  in making 
the minimum  manning  standards  for  the  various 
types  of vessel  set out  in the  Annex  essentially  the 
same  as those  in the  Regulation  on the  inspection 
of shipping  on the Rhine.  However,  it has noted  that 
both  in content  and  in terminology  the  Annex 
differs  in a number  of cases  from  the  above 
Regulation. 
The Committee  trusts  that  the necessary  corrections 
will be made,  and  is pleased  to learn  that  the 
Commission  has  now  taken  steps  to do so. 
2.12.1.  Article  7 (2) first  paragraph 
It is stated  here  that  the  Commission  can  authorize 
derogations  at the request  of the Member  States.  But 
it is not clear  whether  the period  that  is mentioned 
No C 61/34 Official  Journal  of the European  Communities 10.3.77 
refers  to the  duration  of the  derogations  or to the 
submission  of requests  for derogations  by the Member 
States.  To avoid  misunderstanding  and  in view  of the 
comments  contained  in paragraph  1.5,  the Committee 
advocates  that  the  first  paragraph  of Article  7 (2) 
should  read  as follows: Rhine  and  its tributaries  from  the  German-Swiss 
border  to the open  sea,  including  the Rhine  Canal, 
the Pannerdensch  Canal,  the  Nederrijn,  the  Lek, 
the Waal,  the  Merwede,  the  Noord,  the  Nieuwe 
Maas  the Oude  Maas,  and  the waters  between  the 
Merwede  and  the  ports  on the  Westerschelde.' 
'During  a period  which  will  terminate  at a date 
to be fixed  by the  Council  on a proposal  from 
the Commission,  the  latter  shall  authorize  the 
Member  States,  upon  request,  to  apply 
derogations  from  the  rules  prescribed  under  § 1 
for the  totality  or a part  of the  traffic  operating 
on the  waterways  located  in their  territory  in so 
far and  for  as  long  as  such  derogations  are 
justified  by the  particular  navigation  conditions 
on these  waterways.  If these  conditions  arise  from 
the infrastructure  of  the  waterways  in  question 
the period  laid  down  by  the  Council  should  be 
extended  until  the  infrastructure  in  question  has 
been  improved.  Derogations  must  conform  to the 
following  requirements:' 
2.12.2.  Point  (a) 
The word  'kunnen'  in the  Dutch  version  should  be 
deleted. 
2.12.3.  Point  (c) 
The words  'de  sociale  voorzieningen'  in the  Dutch 
text should  be replaced  by 'beneden  het  peil  dat  op 
sociaal  gebied  bereikt  is'. 
2.12.4.  Article  7 (2), last  paragraph  (second  sentence) 
The definition  of 'navigation  on the  Rhine'  given 
here  is based  on the  current  regulations  governing 
Rhine  shipping. 
However,  to  reflect  the  situation  in  practice, 
derogations  should  also  not  be allowed  for the Oude 
Maas  and  the  waters  between  the  Merwede  and  the 
ports  on the  Westerschelde. 
It is also  clear  that  'navigation  on the  Rhine'  covers 
shipping  on  the  Rhine  and  its  tributaries  in 
Germany. 
Finally,  it must  be noted  that  the  proposed  Regulation 
can only  be applicable  within  the  territory  of the 
European  Economic  Community. 
The second  sentence  of this  paragraph  should  there-
fore be amended  to read  as follows: 
'For the purposes  of this  Regulation,  by  "naviga-
tion on the  Rhine"  is meant  navigation  on the 2.13.  Article  7 (4) 
The Committee  endorses  the  Commission  proposal 
with  the proviso  that  the Commission  should  consult 
both  sides  of industry  in accordance  with  national 
procedures  before  reducing  crews. 
2.14.  Article  8 
The Committee  considers  that  Article  8 as proposed 
by the  Commission  should  be deleted  and  replaced 
by the following  text: 
'1. Subject  to the  following  provision  of this 
Article,  there  shall  be no discrimination  between 
the employment  of men  and  women  as members 
of crews. 
2. Women  shall  not  continue  to work  as active 
crew  members  after  the sixth  month  of pregnancy 
or before  the  end  of the  third  month  following 
their  confinement.' 
2.15.  Article  10 (1) 
The Committee  takes  the  view  that  only  the  first 
paragraph  of  the  Commission  proposal  can  be 
accepted,  viz.: 
'For "daytime  sailing"  the  daily  spreadover  shall 
not exceed: 
— 14 hours  in the period  from  March  to October 
inclusive; 
— 12 hours  in the  period  from  November  to 
February  inclusive.1 
Article  10 (1) should  also  allow  the  maximum  daily 
spreadover  to be extended  by not  more  than  two 
hours  in certain  specified  circumstances,  provided 
another  member  of the  prescribed  crew  besides  the 
boatman,  satisfies  the  requirements  for  boatmen. 
The following  could  for  example  constitute  such 
circumstances:  the  transport  of  perishables  or 
dangerous  substances,  the time  required  for lockage, 
or the possibility  that  a connection  with  a ship  might 
be missed. 
10.3.  77 Official  Journal  of the European  Communities No C 61/35 
2.16.  Article  10 (3) 
The Committee  suggests  that  the word  'uninterrupted' 
be inserted  before  'daily  spreadover'. 
2.17.  Article  11 
The Committee  considers  that  the limit  of four  hours' 
continuous  work  at the helm  is too low.  The  period 
now worked  in practice  is six hours. 
It is therefore  suggested  that  the limit  be raised  to 
six hours,  and  that  it be stipulated  that  this  period 
must  be followed  by a break  of at least  30 minutes. 
2.18.  Article  12 
It should  be made  clear  that  this  Article  applies  only 
to instrument  navigation  where  the vessel  is being 
steered  exclusively  or almost  exclusively  with  the 
aid of radar  information. 
It should  also  be laid  down  that  only  qualified  and 
suitable  persons  may  work  at a radar  screen. 
The first  sentence  of this  Article  should  therefore  be 
amended  to read  as follows: 
'The period  for which  a suitable,  qualified  crew 
member  steers  a vessel  while  simultaneously 
observing  the  radar  screen,  when  sailing 
conditions  are  such  that  the  vessel  has  to be 
steered  exclusively  on radar,  shall  not exceed...' 
Moreover,  the Committee  feels  that  the limits  laid 
down  in this  Article  need  not apply  to boats  using 
modern  radar  screens  which  are not liable  to affect 
the user's  health.  The  Commission  should  lay down 
the technical  specifications  of such  screens  in greater 
detail. 
2.19.  Article  13 
In (a),  the  expression  'stopping  place'  should  be 
replaced  by 'mooring'.  In (b),  the safety  of the crew 
must  be added. 
2.20.  Article  14 
The Committee  is critical  of the  failure  of this 
Article  to specify  the total  minimum  daily  rest period 
for crews  engaged  in semi-continuous  and continuous 
sailing.  In addition  Article  14 should  be amended in line  with  the comments  on Article  10 (1).  The 
Committee  also  feels  that  the provisions  on rest  at 
night  should  be amended.  The  Article  should  also 
be worded  more  clearly.  The  Committee  therefore 
suggests  the following  wording. 
'1. (a) For day-time  sailing,  the daily  rest  period 
shall  be not less  than: 
— 10 consecutive  hours  during  the period 
from  March  to October  inclusive.  At 
least  six hours  of the daily  rest  period 
must  fall  between  6 p.m.  and  8 a.m.; 
— 12 consecutive  hours  during  the period 
from  November  to February  inclusive. 
At least  8 hours  of the  daily  rest 
period  must  fall  between  6 p.m.  and 
8 a.m.; 
Where  the maximum  daily  spreadover  is 
extended  by not  more  than  two  hours 
in virtue  of Article  10 (1),  the minimum 
daily  rest  period  shall  be  reduced 
accordingly. 
(b) For semi-continuous  sailing,  the daily  rest 
period  shall  not be less  than: 
— 12 consecutive  hours  in a period  of 
24 hours.  At least  6 hours  of which 
must  fall  between  7 p.m.  and  7 a.m. 
(c) For  continuous  sailing,  the  daily  rest 
period  shall  not be less  than; 
— 12 hours  in a period  of 24 hours. 
The 12 hours  rest  must  include  an 
uninterrupted  period  of  at  least 
6 hours. 
2. During  the daily  rest  period,  crew  members 
may dispose  freely  of their  time,  provided  that 
their  presence  on board  is not  required  under 
safety  regulations  issued  by the police  or other 
competent  authority.' 
2.21.  Article  16 (1) 
The Committee  proposes  that  the  second  part  of 
this paragraph  be clarified  as follows: 
'...it  must  be possible  for him  to spend  at least 
39 of these  days,  including  at least  10 Sundays, 
a:t home'. 
The Committee  would  also  point  out that  time  spent 
waiting  for cargo  may  be counted  as periodic  rest 
days,  provided  that  the  members  of the  crew  are 
told by the employer  beforehand  and can spend  such 
time as they  wish. 
2.22.  Article  16 (3) 
In the interests  of clarity,  it is suggested  that  the 
second  sentence  be replaced  by: 
No C 61/36 Official  Journal  of the European  Communities 10.3.77 
'It shall  be calculated  in periods  of 24 hours, 
the first  of which  shall  begin  after  a rest  period 
of 12 hours  following  the last working  day.' 
2.23.  Article  17 
The Committee  considers  that  rules  on the minimum 
number  of days  of annual  leave  and  public  holidays 
per year  be appropriate  in a Community  Regulation 
of a general  nature,  but  are  not  appropriate  in a 
Regulation  relating  to a particular  industry.  The 
Council  Decision  of 13 May  1965,  on which  the 
present  draft  Regulation  is based,  nowhere  mentions 
annual  leave  and  public  holidays.  Moreover,  the 
proposal  could  lead  to difficulties  for firms  operating 
on their  own  account,  if it laid  down  leave  rules 
differing  from  those  applicable  to other  employees 
of those  firms. 
2.24.  Article  18 
The Committee  would  point  out  that  the  Article 
must  apply  only  to loading  and  unloading  duties. 
The text  should  be adapted  accordingly. 
2.25.  Article  19 
In the  interests  of fair  competition,  self-employed 
boatmen  should  as far as possible  be subject  to the 
same  rules  as employed  crews.  Therefore,  the 
minimum  number  of rest  days  per year,  to be taken 
by self-employed  boatmen  in lieu  of weekly  rest 
days,  annual  leave  and  public  holidays  should  be 
raised  to 108,  of which  a certain  number  at least 
(say 40) are to be taken  in the first  six months  of the 
year. 2.26.  Article  20 (1) 
The Committee  proposes  that  the word  'applicable' 
at the end  of the first  sentence  be replaced  by 'in 
force'. 
2.27.  Article  20 (2) 
For the sake  of clarity,  this  paragraph  should  begin: 
'By way  of derogation  from  paragraph  1 above.. 
The Committee  also  thinks  that  this  rule  cannot 
apply  to manning  provisions.  To these  the principle 
of territoriality  referred  to in the  Commission's 
commentary  on Article  7 must  apply. 
2.28.  Article  22 
The Committee  would  point  out that  the authorities 
mentioned  should  solely  concern  themselves  with 
checking  on compliance  with  the  provisions  and 
should  not  receive  the power  to grant  derogations 
as is the case  with  the Rhine  shipping  inspection 
committees. 
2.29.  Article  23 
In the Committee's  view,  the Commission  should  also 
send the general  report  on implementation  of the 
Regulation  to the Economic  and  Social  Committee. 
2.30.  Article  24 
The Committee  emphasises  the need  to ensure  that 
equivalent  implementing  provisions,  supervision 
procedure  and penalties  are introduced  in all Member 
States,  and  also  that  these  implementing  provisions 
are introduced  at the same  time  as the Regulation 
itself,  to make  sure  that  the Regulation's  provisions 
are strictly  observed. 
Done  at Brussels,  26 January  1977. 
The Chairman  of  the 
Economic  and  Social  Committee 
Basil  de FERRANTI 
ANNEX 
to the Economic  and  Social  Committee's  opinion 
The following  item  of the Section  opinion  was  replaced  by an amendment  adopted  during  the 
discussion: 
Point  2.14,  Article  8 
'The  Section  proposes  that  Article  8 be deleted.' 
Voting: 
for: 6, 
against:  61, 
abstentions:  24.