8. 3. 91 Official Journal of the European Communities No C 60/33 
Opinion on the proposal for a Council Regulation (EEC) on the transfer of ships from one 
• register to another within the Community (1) 
(91/C 60/10) 
On 21 June 1990, the Council decided to consult the Economic and Social Committee, 
under Article 84 of the Treaty establishing the European Economic Community, on the 
abovementioned proposal. 
The Section for Transport and Communications, which was responsible for preparing the 
Committee's work on the subject, adopted its Opinion on 12 December 1990. The Rapporteur 
was Mr Velasco Mancebo. 
At its 282nd plenary session (meeting of 18 December 1990), the Economic and Social 
Committee unanimously adopted the following Opinion. 
1. Introduction 
1.1. The Commission submitted a Communicaiton 
entitled 'A future for the Community shipping indus­
try' (2) as the basis for 'Measures to improve the opera­
ting conditions of Community shipping'. Technical har­
monization and standardization and the transfer of 
ships between Community countries are covered in the 
section on 'Areas for further action and accompanying 
measures'. 
The document revealed the need to encourage such 
measures with a view to boosting fleet competitiveness 
and operational safety. 
1.2. Transfer of ships within the Community comes 
under Section 4, 'Facilities attached to registration in 
EUROS', of the draft Council Regulation contained in 
the Communication. Article 12 deals with the transfer 
of vessels while Article 13 deals with the recognition of 
seafarers' qualifications. 
1.3. Strong arguments in favour of freer transfer of 
ships within the Community are put forward. Reference 
is made to the major savings this would entail for 
shipowners in terms of replacement of equipment, test­
ing, approval fees and delays. 
1.4. It was stated that easier transfer could still be 
achieved by means of recognition of standards, but that 
the way forward was also through technical harmoniza­
tion and Community standardization. 
To this end, it is considered desirable that the Com­
munity should adopt a position in line with the Inter­
national Maritime Organization (IMO). 1.5. Articles 12 and 13 (Transfer of vessels and Rec­
ognition of seafarers' qualifications) therefore provide 
for certain essential technical requirements to be 
approved by the Council before 1 July 1991. 
2. Background 
2.1. The Committee has made a number of state­
ments on this question which might provide the basis 
for an Opinion. 
2.2. The Committee Opinion on the Proposal for a 
Council Directive concerning minimum requirements 
for vessels entering or leaving Community ports carry­
ing packages of dangerous or polluting goods (3) (Rap­
porteur: Mrs Bredima-Savopoulou) made the following 
points: 
— 'The Community has two alternatives: it could 
either introduce different standards and require­
ments of its own, or it could work towards effective 
implementation of international standards. (...) The 
Committee recommends that the Community fol­
low the second course of action by complying with 
the international standards laid down by specialized 
international maritime agencies, by incorporating 
these into Community legislation and by ensuring 
that these standards are strictly observed. 
— The International Maritime Organization (IMO), a 
specialized UN agency with 133 member countries, 
is the body 'par excellence' for dealing with shipping 
safety and protection of the marine environment. 
— It is worth pointing out that, in addition to IMO 
member countries, organizations representing the 
entire range of interested parties (e.g. shipping 
interests, the chemical industry, conservationists 
and seafarers) take part in IMO proceedings.' 
(!) OJ No C 153, 22. 6. 1990, p. 14. 
(2) Doc COM{89) 266 final. (3) OJ No C 329, 30. 12. 1989. 
No C 60/34 Official Journal of the European Communities 8. 3. 91 
2.3. The Committee Opinion on Positive measures 
for maritime transport (Rapporteur: Mr Whitworth) (*) 
stated that: 
— 'The Committee welcomes the principle of mutual 
recognition of technical standards and easier trans­
fer of ships, and endorses the proposition that these 
should be effected by coordinating the application 
by Member States of the international standards 
agreed in the IMO, with the intention that overall 
standards in the Community should be maintained 
and improved.' 
and that 
— 'A common transport policy must be socially ben­
eficial by catering for transport needs from an over­
all economic point of view and by helping to 
improve the living and working conditions of the 
people employed in transport.' 
3. Content of the draft Council Regulation 
3.1. The main thrust of the proposal is that easier 
transfer of ships will reduce operating costs. 
3.2. The Commission proposes the mutual recog­
nition of international certificates as a positive step 
towards free transfer of ships within the Community. 
3.3. Nevertheless, the Commission considers that 
free movement of goods can only be achieved by apply­
ing the principle of technical harmonization of ships' 
equipment and certificates as set out in the Council 
Resolution of 7 May 1985 on a new approach to techni­
cal harmonization and standards. 
3.4. The first two recitals voice the twin concerns 
underpinning the proposal's main thrust: a high level of 
safety, and competitiveness IMO-standards will clearly 
serve as the model in regard to safety. 
3.5. The Commission also suggests that a committee 
of experts be set up to resolve differences of interpret­
ation arising from the process of mutual recognition. 
4. General comments 
4.1. The Committee endorses the Commission pro­
posal, since it clearly facilitates the extension of the 
(!) OJ No C 56, 7. 3. 199(k single market to the shipping industry. It also addresses 
questions relating t» compatibility with safety and 
environment-orientated action. 
4.2. The process of liberalization is not, however, 
entirely without problems. 
4.2.1. The Commission, proposal would, in the 
medium-term, appear to run counter to the ESC 
approach. The proposal envisages mutual recognition 
of certificates until such times as Community require­
ments are laid down. The ESC has however stated its 
preference for Community recognition of international 
standards. 
4.2.2. The Committee of course endorses the pos­
ition expressed in earlier Opinions, adding that inter­
national standards should be adopted in such a way 
that no Community Member State applying particularly 
high standards of work-place safety should be com­
pelled to lower them. 
The Committee also considers that in cutting costs, 
care must be taken not to compromise safety consider­
ations or generate environmental hazards, at either the 
national or Community level. 
To this end, the Community should, within the inter­
national organizations, lobby for the fulfilment of such 
requirements. If this objective is to be secured, regu­
lations and national responsibilities must be clarified, 
so as to avoid differences of interpretation. 
In any case, and in line with the Committee's stated 
views, steps should be taken to enhance safety con­
ditions at national level. 
4.2.3. The Committee notes the exclusion of passen­
ger vessels and urges the Commission to propose, as 
soon as possible, a regulation permitting the free trans­
fer of such vessels while ensuring a high level of safety. 
4.2.4. The Committee also agrees with the establish­
ment of a committee of experts, but would wish to see 
consultative machinery similar to that set up by the 
IMO, involving employers, trade unions, conservation­
ists and consumers, for the resolution of safety issues. 
5. Specific comments 
5.1. The essential technical requirements to be laid 
down by the Council before 1 July 1991 should cover 
only the harmonization and standardization of those 
8. 3. 91 Official Journal of the European Communities No C 60/35 
requirements falling below a minimum threshold and 
which should be revised and submitted by the Com­
munity to the IMO for approval. 5.2. Article 9 
Paragraph 1): 'may' to be replaced by 'must'. 
Done at Brussels, 18 December 1990. 
The Chairman 
of the Economic and Social Committee 
Francois STAEDELIN 
Opinion on: 
— the proposal for a Council Regulation (EEC) amending Regulation (EEC) No 3164/76 
on access to the market in the international carriage of goods by road, and 
— the proposal for a Council Regulation (EEC) amending Regulation (EEC) No 4059/89 
laying down the conditions under which non-resident carriers may operate national road 
haulage services within a Member State 
(91/C 60/11) 
On 6 December 1990 the Council decided to consult the Economic and Social Committee, 
under Article 75 of the EEC Treaty, on the abovementioned proposals. 
At its 282nd plenary session held on 18 and 19 December 1990 (meeting of 18 December), 
the Economic and Social Committee appointed Mr Eulen Rapporteur-General and adopted 
the following Opinion unanimously. 
The Economic and Social Committee approves the pro­
posed Regulations subject to the following comments. 2. General comments 
1. The Commission's intention 
1.1. The enlargement of the Community as a result 
of German unification makes it necessary to increase the 
Community quota from 1991 in line with the increase in 
goods traffic. The additional authorizations for the 
international carriage of goods are to be allocated 
amongst the Member States, as when Spain and Portu­
gal acceded to the Community. The Economic and Social Committee's comments on 
transport policy in its Opinion of 20 November 1990 (*) 
on the Community and German Unification (Rappor­
teur-General: Mr Petersen) sketch in the background 
to the pending Council decision. In this Opinion the 
Committee welcomed the Commission's intention to 
pay close attention to the development of East-West 
links so that the merging of European economies is not 
impeded and the associated exchange of goods not 
hampered by transport bottlenecks. The proposed 
changes to the rules on access to market are in line with 
this. 
1.2. For the same reason an extra 298 authorizations 
are to be added to the present quota of 15 000 cabotage 
authorizations for the period 1 January 1991 to 30 June 
1991. They will be allocated amongst the Member 
States in accordance with the principles applied for the 
1991 Community quota. (!) Doc. ESC No 1378/90.