No C 259/2 Official  Journal  of the European  Communities 12.11.  75 
II 
(Preparatory  Acts) 
COMMISSION 
Proposal  for a Council  Regulation  on the harmonization  of certain  social  provisions 
relating  to goods  transport  by inland  waterway 
(Submitted  by the Commission  to the Council  on 17 September  1975) 
THE  COUNCIL  OF  THE  EUROPEAN 
COMMUNITIES, 
Having  regard  to  the  Treaty  establishing  the 
European  Economic  Community,  and  in particular 
Article  75 thereof; 
Having  regard  to the proposal  from  the Commission; 
Having  regard  to the  Opinion  of the  European 
Parliament; 
Having  regard  to the Opinion  of the Economic  and 
Social  Committee; 
Whereas  the Council  Decision  of 13 May  1965  (*) on 
the harmonization  of certain  provisions  affecting 
competition  in transport  by rail,  road  and  inland 
waterway,  and in particular  Articles  10 to 13 thereof, 
provides  for the elimination  of disparities  liable  to 
distort  the conditions  of competition  in the transport 
sector  by means  of measures  for the approximation 
and improvement  of provisions  relating  specifically  to 
working  conditions  in transport  and  measures  for the 
standardization  of manning  supervision  provisions; 
whereas  to this  end it is necessary  to take  account  not 
only of the relations  between  the various  modes  of 
transport  but,  within  each  mode  of transport,  of the 
relations  between  the  undertakings  of the  various 
Member  States; 
Whereas  it is in the interests  of crew  welfare  and the 
safety  of traffic  on inland  waterways  to lay down 
certain  maximum  standards  for  working  hours, 
i1) OJ  No 88, 24. 5. 1965,  p. 1500/65. minimum  standards  for rest  periods,  the composition 
of crews  and the qualifications  of crew  members; 
Whereas  it is desirable  to deal  initially  only  with 
goods  transport,  in view  of the predominance  thereof 
in river  transport  as a whole; 
Whereas,  for reasons  of competition  and  safety,  and 
on social  grounds,  it is necessary  to provide  for the 
uniform  application  of  the  provisions  of this 
Regulation  to the  crews  of all vessels  engaging  in 
goods  transport  and  sailing  on the inland  waterways 
of the Member  States; 
Whereas,  in order  to achieve  this  objective  it is 
considered  necessary  to  exonerate,  during  a 
transitional  period,  certain  transports  by  third 
countries  from  the  general  application  of  the 
Regulation  on certain  waterways  to which  other 
international  regulations  apply; 
Whereas  the Member  States  must  open  negotiations 
with  a view  to eliminating  the  incompatabilities 
between  these  regulations  and  the  Community 
Regulation; 
Whereas  in order  to achieve  the  objectives  of this 
Regulation  it is not necessary  for the rules  in question 
to be applied  to the crew  members  of certain  vessels 
which  are of small  tonnage  or which  do not operate 
in the transport  market; 
Whereas,  for  reasons  of competition,  safety  and 
social  protection  it is desirable  to define  clearly  the 
composition  of crews  of the various  types  of vessel 
and to lay down  certain  requirements  to be met  by 
the members  of such  crews; 
12.11.75 Official  Journal  of the  European  Communities No C 259/3 
Whereas  it is advisable  to permit  the Member  States 
to agree  certain  derogations  to the standardization  of 
manning  provisions  for a transitional  period. 
Whereas  in the  interests  of preventing  the  crews  of 
vessels  from  being  overworked  it is desirable  to lay 
down  limited  hours  for the spreadover  and  minimum 
rest periods,  with  due  regard  to the  improvements 
that are  taking  place  in working  and  operating 
conditions  in inland  navigation;  whereas  for the same 
reason  crew  members  must  also  enjoy  the benefit  of 
regular  rest  days,  annual  leave  and  public  holidays,  of 
which  it must  be possible  for a reasonable  portion  to 
be spent  at home; 
Whereas  in view  of the  special  features  of work  in 
port,  it is desirable  to apply  the  local  regulations 
regarding  periods  of duty  in as far as these  are more 
favourable  than  the Community  Regulation; 
Whereas  certain  provisions  cannot  be applied  to 
self-employed  boatmen; 
Whereas  the  standards  laid  down  in this  Regulation 
in respect  of  working  conditions  are  merely 
maximum  or minimum  standards;  whereas,  in order 
to promote  social  progress  or to improve  the  safety 
of shipping,  each  Member  State  may  apply 
appropriate  measures  which  are  more  favorable  for 
crew  members  in this  respect;  whereas  in these 
circumstances  the  Commission  must  observe 
developments  in the  Member  States  and  present 
regular  reports  to the  Council  with  a view  to 
adapting  the  Regulation  to any  changes  in the 
situation; 
Whereas  measures  should  be laid  down  to improve 
the efficiency  of the  system  of supervision  for 
ensuring  compliance  with  the  provisions  of this 
Regulation,  and  whereas  to this  end  it is desirable 
that the Member  States  grant  each  other  assistance, 
HAS  ADOPTED  THIS  REGULATION: 
SECTION  I 
Definitions 
Article  1 
For the purposes  of this  Regulation: 
1. 'spreadover'  means  the  period  between  the 
commencement  and  the  termination  of work.  It 
includes: — time  spent  at the  helm,  watching  the  radar 
screen  and  performing  other  tasks  on board, 
— time  spent  in making  ready  for  sailing  and 
clearing  up afterwards, 
— time  spent  in shifting  berth, 
— time  spent  on administrative  work, 
— time  spent  in  loading  or  unloading, 
maintenance,  inspection  and  repairs,  or in 
supervision  of these  activities  on mixed-duty 
days, 
— time  spent  on  any  other  work  that  is 
customary  in inland  navigation, 
— time  during  which  the crew  is required  to stay 
on board  pursuant  to shipping  regulations, 
with  the exception  of daily  rest  periods, 
— time  during  which  the  crew  must  remain 
available  for beginning  or resuming  one  of the 
abovementioned  activities, 
— time  during  which,  in the  course  of a sailing 
day or mixed-duty  day,  sailing  is held  up for 
reasons  other  than  the  daily  rest  period, 
— time  during  which,  in the  course  of the 
working  day,  goods  handling  is held  up before 
the work  of loading  or unloading  is completed, 
— official  breaks, 
— any  other  time  during  which  work  is 
interrupted,  including  intervening  rest  periods 
(non-official  breaks  or interruptions); 
2. 'interruption'  means  any  time,  other  than  official 
breaks  and  daily  rest  periods,  during  which  work 
is interrupted  owing  to the particular  demands  of 
transport  and/or  business  organization; 
3. 'mixed-duty  day'  means  a day  during  which  part 
of the  time  is spent  on sailing  and  part  on such 
work  as loading,  unloading,  maintenance  and 
repairs; 
4. 'crew  member'  means  boatman,  helmsman,  deck 
hand,  ship's  boy,  engineer,  deck  hand  motorman 
or stocker; 
5. (a) 'daytime  sailing'  means  sailing  for a maximum 
of 14 hours  out  of 24, with  a night  rest  period 
for the crew  to be taken  between  6 p.m.  and  8 
a.m., 
No C 259/4 Official  Journal  of the  European  Communities 12.11.75 
(b) 'semi-continuous  sailing'  means  sailing  for  a 
maximum  of 18 hours  out  of 24, with  a night 
rest period  for the crew  to be taken  between  7 
p.m.  and  7 a.m., 
(c) 'continuous  sailing'  means  sailing  for  more 
than  18 hours  out of 24; 
6. 'break'  means  any  statutory  or contractual  break 
occurring  between  the  commencement  and 
termination  of work  lasting  at least  30 minutes 
during  which  the  employee  may  dispose  freely  of 
his time; 
7. 'week'  means  the period  from  00 a.m.  on Sunday 
to 12 midnight  on Saturday; 
8. 'daily  rest  period': 
— in daytime  and  semi-continuous  sailing,  any 
uninterrupted  period  of at least  10 hours  and 
eight  hours  respectively  during  which  the 
employee  disposes  freely  of his time  and  is free 
to move  about  within  the  limitations  imposed 
by Community  and  national  provisions  in 
respect  of crew  composition  and  attendance, 
— in continuous  sailing,  any  uninterrupted  period 
of at  least  six  hours  during  which  the 
employee  disposes  freely  of his time  and  is free 
to move  about  within  the  limitations  imposed 
by Community  and  national  provisions  in 
respect  of crew  composition  and  attendance. 
SECTION  II 
Scope 
Article  2 
1. This  Regulation  shall  apply  to crew  members  of 
vessels  engaged  in goods  transport  on the  inland 
waterways  of Member  States. 
2. Nevertheless,  during  a transitional  period 
expiring  at the conclusion  of the negotiations  referred 
to in paragraph  3 of this  Article,  this  Regulation  will 
not apply  to crews  of vessels: 
— on waterways  covered  by  the  Regulation  on 
Inspection  of Shipping  and  Rafts  on the Rhine  of 
18 November  1947  and  belonging  to undertakings 
which  have  their  headquarters  on the territory  of 
a third  country, 
— on waterways  covered  by the  Paris  Agreement 
concerning  the  working  conditions  of Rhine 
boatmen  of 21  May  1954  and  belonging  to 
undertakings  which  have  their  headquarters  on 
Swiss  territory. 3. Member  States  will  start  whatever  negotiations 
are necessary  in order,  if possible  before...  (18 
months  from  the adoption  of the Regulation)  to: 
— modify,  within  the  framework  of the  Central 
Commission  for  Navigation  on  the  Rhine,  the 
Regulation  on Inspection  of Shipping  and  Rafts 
on the  Rhine  of 18 November  1947  to eliminate 
from  it all provisions  which  prove  incompatible 
with  the provisions  of this  Regulation, 
— modify  the Agreement  on conditions  of work  of 
Rhine  boatmen  of 21 May  1954  to eliminate  from 
it all provisions  which  prove  to be incompatible 
with  the provisions  of the  present  Regulation  or, 
if necessary,  denounce  the Agreement. 
Article  3 
The Community  shall  undertake  such  negotiations 
with  third  countries  as may  prove  necessary  for the 
implementation  of this  Regulation. 
Article  4 
This  Regulation  shall  not  apply  to the crew  members 
of the following  vessels: 
— ferries, 
— rafts  and  floating  devices  incorporating 
mechanical  apparatus  but not transporting  goods, 
— vessels  whose  dead  weight  is less  than  150  metric 
tons,  excluding  tow  and  pushboats, 
— vessels  which,  coming  from  or returning  to the 
sea, are using  waterways  for the sole  purpose  of 
being  loaded  or unloaded  in a port  situated 
thereon,' 
— fishing  vessels  used  fpr fishing, 
— vessels  carrying  salvage  or  emergency  repair 
equipment  for immediate  use, 
— vessels  in the  service  of the  inland  waterway 
authority,  the  police  force,  the  armed  forces  or 
the fire  brigade,  and  all vessels  in the  service  of 
any person  acting  on behalf  of a public  authority, 
— vessels  used  solely  for towing  in port, 
— pushboats  used  solely  for  pushing  in ports, 
— vessels  used  for towing  at sea,  provided  that  they 
are not also  used  on inland  waterways. 
12.11.75 Official  Journal  ofv  the European  Communities No C 259/5 
SECTION  III 
Crews 
Article  5 
Crew  members  must  meet  the  following 
requirements: 
(a) the boatmen 
must  be at least  21 years  of age and  have  sailed 
for at least  four  years  at sea  or on inland 
waterways.  In  the  assessment  of  sailing 
experience,  account  may  be taken  of part  or all 
of the time  spent  in attendance  at an appropriate 
training  establishment.  Three  years'  previous 
experience  may  be deemed  sufficient  if the person 
concerned  holds  a certificate  of proficiency  stating 
that he has completed  a boatman's  training,  for 
which  a minimum  standard  shall  be laid down  by 
the Council,  acting  on a proposal  from  the 
Commission,  not  later  than  one  year  after  the 
entry  into  force  of this  Regulation; 
(b) the helmsman 
must  have  sailed  for at least  one  year  as deck 
hand  or deck  hand  motorman  on inland  water-
ways; 
(c) the  deckhand 
must  be at least  17 years  of age and  have  sailed 
for at least  one year  as a member  of a deck  crew 
at sea or on inland  waterways.  In the assessment 
of sailing  experience,  account  may  be taken  of 
part or all of the time  spent  in attendance  at an 
appropriate  training  establishment; 
(d) the ship's  boy 
must  be at least  15 years  of age; 
(e) the  engineer 
must,  in addition  to possessing  a basic  knowledge 
of engines,  have  worked  for at least  two  years  as 
deckhand  motorman  or have  undergone  a course 
of vocational  training,  for which  the minimum 
standard  will  be laid down  by the Council,  acting 
on a proposal  from  the Commission,  not later 
than one  year  after  the entry  into  force  of this 
Regulation; 
(f) the deckhand/motorman 
must,  in addition  to possessing  a basic  knowledge 
of engines,  have  sailed  for at least  one  year  as 
deckhand  on  board  vessels  equipped  with 
mechanical  means  of propulsion  at sea  or on 
inland  waterways. Article  6 
Any crew  member  may,  if the safety  of the vessel  or 
cargo  so requires,  be called  upon  to perform  duties 
other  than  those  which  fall  within  the scope  of his 
specific  functions,  provided  that  his  qualifications 
and physical  powers  are  commensurate  with  such 
duties. 
' Article  7 
1. The  composition  of crews  for  the  various 
categories  of vessel  is laid  down  in the Annex,  which 
forms  an integral  part  of this Regulation. 
2. 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  paragraph  1 for the totality  or 
a part  of the  traffic  operating  on the  waterways 
located  in their  territory  in as far as such  derogations 
are justified  by the particular  navigation  conditions 
on these  waterways  and  that  they  conform  to the 
following  requirements: 
(a) they  take  account  of the  prescriptions  of the 
present  Regulation,  and  particularly,  respect  the 
provisions  of Sections  IV and V; 
(b) they  respect  the safety  regulations  for movement 
on the waterways  concerned  and  that  they  take 
account  of the technical  level  of the equipment  of 
the vessel  in question; 
(c) they  do not  represent  a step  backward  in the 
social  field  in relation  to the existing  level  in the 
Member  State  concerned. 
These  derogations  shall  not apply  to navigation  on 
the Rhine.  By 'navigation  on the  Rhine'  is meant 
navigation  from  Mittebriicke  Basle  to the open  sea 
including  the Alsace  canal,  the Pannerdensch  canal, 
the Nederijn,  the Lek,  the Waal,  the Merwede,  the 
Noord  and  the Nieuwe  Maas. 
3. The  Commission  will  formulate  its decisions 
provided  for in paragraph  2 after  consultation  with 
the Joint  Advisory  Committee  on Social  Questions 
arising  in Inland  Water  Transport,  instituted  by the 
Commission  Decision  of 28 November  1967(1)  and 
(!) OJ  No 297,  7. 12. 1967  modified  by the  Commission 
Decision  of 19 June  1970,  OJ No L 140,  27. 6. 1970. 
No C 259/6 Official  Journal  of the  European  Communities 12.11.  75 
after  consultation  with  the  applicant  Member  State, 
and as necessary  with  the  other  Member  States 
affected  by the provisions  in question. 
This  decision  shall  be notified  to the  applicant  State 
within  four  months  from  the date  of receipt  of the 
application  by the  Commission.  This  delay  may  be 
extended  to six  months  where  the  Commission 
invites  the opinion  of other  Member  States. 
4. Member  States  may,  individually,  authorize  a 
reduction  in crew  composition  in those  cases  where 
the technical  equipment  of the  vessel  in question  is 
higher  than  that  prescribed  and  is capable  of effecting 
certain  tasks  normally  effected  by crew  members. 
The Member  States  shall  inform  the Commission  of 
measures  taken  by virtue  of this  disposition. 
Article  8 
1. Crews  may  not include  any  female  members: 
— where  the  rigging  of the  vessel  is difficult  to 
handle, 
— where  the  rudder,  at maximum  draught,  cannot 
be moved  effortlessly  by one  person, 
— where  the  work  of individual  crew  members 
entails  shifting  or carrying,  without  assistance, 
loads  or  articles  of  rigging  exceeding  15 
kilogrammes  in weight  or carrying,  with  the help 
of another  crew  member,  loads  or articles  of 
rigging  exceeding  35 kilogrammes  in weight.  The 
casting-off  and  paying-out  of heavy  towing  cables 
shall  in all cases  be considered  as falling  within 
this category  of work, 
— where  the  vessel  does  not  possess  separate 
accommodation,  washrooms  and  toilets  for 
female  and  male  crew  members.  This  provision 
shall  not  apply  where  all the  crew  are  members 
of the same  family. 
2. The  competent  authorities  to be designated  by 
each  Member  State,  pursuant  to Article  22,  shall 
decide  whether  the  vessel  is suitable  for  women  to 
work  aboard  and  shall  incorporate  their  decision  in a 
certificate  of inspection. 
3. No  person  responsible  for  supervising  and 
caring  for  children  under  the  age  of six  who  are 
constantly  on board  the vessel  shall  be employed  as a 
crew  member. 
4. Women  shall  not  be employed  after  the  sixth 
month  of pregnancy  or before  the end  of the  third 
month  following  their  confinement. 
Article  9 
1. The  crew  prescribed  for  a particular  mode  of 
operation  shall  be constantly  on board  the  vessel during  the  voyage.  Departure  of a vessel  without  its 
prescribed  crew  shall  be prohibited. 
2. By  way  of derogation  from  the  preceding 
paragraph,  where  not  more  than  one  member  of the 
prescribed  crew  is unable  to work  during  a voyage 
because  of exceptional  and  fortuitous  circumstances, 
such  as illness,  accident  or official  instructions,  a 
vessel  may  nonetheless  continue  its voyage  as far as 
the first  place  where  it can moor  and  wait  in safety. 
SECTION  IV 
Spreadovers 
Work  at the helm  and  radar  screen 
Article  10 
1. 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. 
The average  daily  spreadover  calculated  over  a 
period  of 12 consecutive  weeks  shall  not  exceed  12 
hours.  For  the  calculation  of this  average  daily 
spreadover,  account  shall  be taken  only  of sailing 
days  and  mixed-duty  days. 
2. For  semi-continous  sailing,  the  daily 
spreadover  shall  not exceed  12 hours. 
3. For  continuous  sailing,  the  daily  spreadover 
shall  not exceed  eight  hours. 
Article  11 
Continuous  work  at the  helm  shall  not  exceed  four 
hours'  duration.  This  period  shall  be followed  by a 
break. 
Article  12 
Observation  of the  radar  screen  shall  not  exceed  a 
duration  of seven  hours  per  spreadover  for  daytime 
and semi-continuous  sailing,  or seven  hours  per 
24-hour  period  for continuous  sailing. 
12.11.  75 Official  Journal  of the European  Communities No C 259/7 
Continuous  observation  of the radar  screen  shall  not 
exceed  two  hours'  duration  and may  only  be resumed 
after  an interval  of at least  30 minutes. 
Article  13 
Derogations  from  the provisions  of Articles  10, 11, 
12, 14 and 15 shall  be permitted  only  in the following 
cases: 
(a) where  a crew  member  is unable  to work  for 
reasons  of illness  or accident  and his work  has to 
be taken  over  by another  cre^  member;  in this 
case,  the derogation  remains  valid  only  until  the 
vessel  reaches  a stopping  place  appropriate  to the 
circumstances,  at which  the incapacitated  crew 
member  must,  if necessary,  leave  the vessel  and 
be replaced; 
(b) in order  to ensure  the safety  of the vessel  or its 
cargo. 
SECTION  V 
Rest periods  and  breaks  — annual  leave  and  public 
holidays 
Article  14 
1. For  daytime  sailing,  the daily  rest  period  shall 
not be less than: 
— 10 consecutive  hours  during  the  period  from 
March  to October  inclusive, 
— 12 consecutive  hours  during  the  period  from 
November  to February  inclusive. 
The average  daily  rest  calculated  over  a period  of 12 
consecutive  weeks  shall  not  be less  than  12 hours. 
For the calculation  of this  average  daily  rest,  regular 
rest days,  public  holidays  and  days  of leave,  are not 
taken  into  account. 
2. For  semi-continuous  sailing,  the  daily  rest 
period  shall  not be less than  eight  consecutive  hours. 
3. For  daytime  and  semi-continuous  sailing,  the 
daily  rest  period  must  be taken  at night;  for daytime 
sailing  it must  be taken  at some  time  between  6 p.m. 
and 8 a.m.  and  for semi-continuous  sailing  at some 
time between  7 p.m.  and 7 a.m. 
4. For  continuous  sailing,  the  daily  rest  period 
shall  not be less than  six consecutive  hours. f 
The minimum  total  daily  rest must  be: 
— either  12 hours  in a period  of 24 hours, — or 24 hours  in a period  of 48 hours. 
5. During  the daily  rest period,  crew  members  may 
dispose  freely  of their  time  provided  that  their 
presence  on board  is not required  under  a national  or 
local  police  order  for reasons  of safety. 
Article  15 
During  sailing,  crew  members  shall  be entitled  to 
official  breaks  whose  total  minimum  duration  shall 
be as follows: 
— 30 minutes  for a spreadover  of not less  than  five 
hours  but less than  eight  hours, 
— one  hour  for a spreadover  of not less  than  eight 
hours  but less than  12 hours, 
— one  hour  30 minutes  for a spreadover  of 12 hours 
or longer. 
These  provisions  shall  not  apply  to continuous 
sailing. 
Article  16  _ 
1. Any  crew  member  engaged  in daytime  sailing 
shall  be entitled  to at least  78 periodic  rest  days  a 
year in lieu  of weekly  rest  days.  It must  be possible 
for him  to spend  at least  39 of these  days  at home.  At 
least 10 periodic  rest days  shall  be Sundays. 
2. Any  crew  member  engaged  in semi-continuous 
or continuous  sailing  shall  be entitled  to one  rest day 
for every  two  days  worked.  In all cases,  rest  days 
shall  be granted  within  a time  limit  of six weeks;  they 
shall  be consolidated  and  may  be spent,  if desired,  at 
the home  of the crew  member. 
3. For  daytime  and  semi-continuous  sailing,  any 
regular  rest period  must  begin  not later  than  8 p.m.  It 
must  comprise  a rest of at least  36 consecutive  hours. 
The number  of days  worked  between  two  regular 
rest periods  shall  not exceed  30. 
Article  17 
1. Every  Crew  member  shall  be entitled  to at least 
30 days  of annual  leave  and  public  holidays  a year. 
Periodic  rest  days  shall  not be included  in these  30 
days. 
2. Every  crew  member  shall  be entitled  to a 
continuous  period  of at least  two  weeks  by way  of 
annual  leave. 
No C 259/8 Official  Journal  of the European  Communities 12.11.  75 
SECTION  VI 
Work  in port 
Article  18 
For the activity  of crew  members  in a port  or any 
other  stopping  place,  local  provisions  on the duration 
of the duty  period  and  rest  periods  shall  apply  if they 
lay down  minimum  or maximum  standards  which 
are more  favourable  to the employee  than  those  laid 
down  in Sections  IV and  V. 
SECTION  VII 
Self-employed  boatmen 
Article  19 
1. The  provisions  of Articles  16 and  17 shall  not 
apply  to self-employed  boatmen. 
2. Self-employed  boatmen  shall  take  at least  78 
periodic  rest  days  a year. 
SECTION  VIII 
Application  of more  favourable  provisions 
Article  20 
1. Provisions  now  in force  in the Member  States 
which  lay  down  higher  minimum  requirements 
concerning  age,  crew  composition,  professional 
qualifications,  rest  periods  and  breaks  or lower 
maximum  requirements  for the spreadover,  duration 
of work  at the helm  or of observation  of the radar 
screen  than  those  laid  down  in this  Regulation  shall 
remain  applicable. 
Each  Member  State  may  apply  higher  minimum 
requirements  concerning  age,  crew  composition, 
professional  qualifications,  rest periods  and  breaks  or 
lower  maximum  requirements  for  the duty  period, 
duration  of work  at the helm  or of observation  of the 
radar  screen  than  those  laid  down  in this  Regulation. 
2. By  way  of derogation  from  the  foregoing 
paragraphs,  the  provisions  of this  Regulation  shall 
continue  to apply  to members  of crews  engaged  in 
international  transport  on board  vessels  registered  in 
another  State. 3. Every  two  years,  starting  from  the date  of entry 
into force  of this  Regulation,  the Commission  shall 
present  to the Council  a report  on developments  in 
the situation  concerning  the  matters  referred  to in 
this Article. 
SECTION  IX 
Implementation  and  supervision 
Article  21 
The Commission  shall  lay  down  by  Regulation, 
before  ... (18  months  after  the  adoption  of the 
Regulation): 
(a) a model  for a log book; 
(b) a model  for an individual  record  book; 
together  with  the necessary  procedures  for their  use. 
Article  22 
Each  Member  State  shall  designate  the authorities  to 
be responsible  for ensuring  the implementation  of the 
provisions  concerning  crew  composition  contained  in 
the Annex  to this  Regulation. 
Article  23 
1. The  Commission  shall,  every  two  years, 
forward  to the Council  and  the European  Parliament 
a general  report  concerning  the  implementation  of 
this Regulation  by Member  States. 
2. In  order  to enable  the Commission  to prepare 
the report  referred  to in paragraph  1, Member  States 
shall  forward  the  necessary  information  to the 
Commission  every  two  years,  using  a standard  form 
of report,  of which  a model  will  be drawn  up by the 
Commission  after  consultation  with  the  Member 
States 
SECTION  X 
Final  provisions 
Article  24 
1. After  consulting  the  Commission,  Member 
States  shall  adopt  by ....  (18  months  after  the 
adoption  of the  Regulation)  the  necessary  laws, 
regulations  and  administrative  provisions  required  for 
the implementation  of this  Regulation. 
The provisions  shall  contain,  among  other  things, 
details  of organization,  procedures,  control  measures 
and penalties  for contraventions. 
12.11.  75 Official  Journal  of the  European  Communities No C 259/9 
2. Member  States  shall  afford  each  other  assistance 
in the  implementation  of the  provisions  of this 
Regulation  and  in the supervision  thereof. 
3. Where  the  competent  authorities  of a Member 
State  are aware  of an infringement  of the  provisions 
of this  Regulation  committed  by a crew  member  who 
comes  under  the  jurisdiction  of another  Member 
State,  they  may  notify  the  authorities  of that  State 
thereof.  The  competent  authorities  shall  transmit  to 
each  other  all the  information  in their  possession 
concerning  penalties  applied  for such  infringements. Article  25 
Articles  2 (3),  5 (a) and  (c),  7 (2) and  (3),  21 and  24, 
(1) will  apply  from  the  coming  into  force  of this 
Regulation.  The  other  provisions  of this  Regulation 
shall  become  applicable  as from  ... (18  months  after 
the adoption  of the Regulation). 
This  Regulation  shall  be binding  in its entirety  and 
directly  applicable  in all Member  States. 
i 
ANNEX 
COMPOSITION  OF CREWS 
A. DEFINITIONS 
The composition  of crews  on board  vessels  engaged  in goods  transport  is laid  down  below  for 
the following  three  modes  of operation: 
— daytime  sailing  (14 hours),  referred  to under  (A) in the tables  below, 
— semi-continuous  sailing  (18 hours),  referred  to under  (B) in the tables  below, 
— continuous  sailing  (24 hours)  referred  to under  (C) in the tables  below. 
B. COMPOSITION  OF CREWS  ON BOARD  DUMB  BARGES,  SELF-PROPELLED  BARGES 
AND  TUGS 
I. Dumb  barges 
1. When,  in the case  of a vessel  not equipped  with  mechanical  means  of propulsion  and 
intended  to be towed,  the following  conditions  are fulfilled: 
(a) the rudder  can  be moved  effortlessly  by one  person  at the  maximum  authorized 
draught; 
(b) vessels  of more  than  350  metric  tons  dead  weight  are equipped  with  a system  of 
intercommunication,  which  allows  two-way  conversation  between  the wheelhouse  and 
the bows; 
(c) the  bilge  pumps  and  deck-washing  pumps  are motorized  in vessels  of more  than  350 
metric  tons  dead  weight; 
(d) the bow  anchor  winch  in vessels  of more  than  350  metric  tons  dead  weight  and  the 
stern  anchor  winch  in vessels  of more  than  750 metric  tons  dead  weight  are motorized; 
(e) vessels  of more  than  1 000 metric  tons  dead  weight  are equipped  with  hatch  covers 
capable  of being  slid or turned  laterally,  unless  equivalent  devices  such  as sliding  hatch 
covers  are installed; 
No C 259/1Q Official  Journal  of the European  Communities 12.11.  75 
the composition  of the crew  shall  be as follows: 
Group Dead  weight Crew A B c 
1 Over  150  but  not Boatmen 1 2 2 
exceeding Deckhands 1 1 2 
750 metric  tons Ship's  boys — — — 
2 Over  750  but not Boatmen 1 2 2 
exceeding Deckhands 1 1 2 
1 400  metric  tons Ship's  boys 1 1 1 
3 Over  1 400 but not Boatmen 1 2 2 
exceeding Deckhands 2 2 3 
2 500 metric  tons Ship's  boys — — — 
4 Over Boatmen 1 2 2 
2 500 metric  tons Deckhands 2 2 3 
Ship's  boys 1 1 1 
2. Where  one  or more  of the  conditions  set out  in paragraph  1 are not  fulfilled,  the 
crew  prescribed  under  this  head  shall,  irrespective  of the  mode  of operation,  be increased 
by one  ship's  boy  for Groups  1 and  2 and  by one  deckhand  for Groups  3 and  4. 
3. The  deckhands  in Groups  1 and 2 must  be at least  18 years  old. 
II. Self-propelled  barges 
1. Where,  in the case  of a self-propelled  vessel,  the following  conditions  are fulfilled: 
(a) the  rudder  at the  maximum  authorized  draught,  can  be moved  effortlessly  by one 
person; 
(b) the  emission  of signals  (acoustic  and  optical)  from  the vessel  under  way  can  be effected 
from  the wheelhouse; 
(c) vessels  of more  than  350  metric  tons  dead  weight  are  equipped  with  a system  of 
intercommunication  between  the  wheelhouse  and  the  bows  which  allows  two-way 
conversation; 
(d) the  propulsion  machinery  is such  that  changes  in speed  and  direction  as well  as that  for 
those  vessels  equipped  with  reversing  motors  the  starting  and  stopping  of the 
propulsion  motors  can be effected  from  the wheelhouse; 
(e) warning  devices  installed  in the wheelhouse  for monitoring  of the propulsion  machinery, 
actuated  at certain  critical  levels  of: 
— temperature  of the  cooling  water  and  pressure  of the  lubricating  oil of the  main 
engines  and  the transmission  system, 
— oil pressure  and  air  pressure  in the  parts  of the  equipment  operating  under  oil 
pressure  or under  air pressure; 
(f) the  warning  devices  referred  to in (e) of the  acoustic  or optical  type.  They  must  be 
constructed  in such  a way  that  they  are  capable  of functioning  while  the  propulsion 
machinery  is running  and  of attracting  the boatman's  attention  in any  circumstances; 
(g) the  mechanical  equipment  is arranged  in such  a way  that  routine  maintenance  work 
during  navigation  can  be interrupted  at any  time; 
(h) the  bilge  pumps  and  the  deck-washing  pumps  are  motorized  in vessels  of more  than 
350 metric  tons  dead  weight; 
12.11.75 Official  Journal  of the  European  Communities 
1 No C 259/11 
(i) the  anchor  bow  winch  in vessels  of more  than  350  metric  tons  dead  weight  and  the 
stern  anchor  winch  in vessels  more  than  86 m long  are motorized; 
(j) the  towrope  winches  of self-propelled  barges  in Groups  2, 3 and  4 are motorized  and 
can be operated'  by one person; 
(k) vessels  of more  than  1 000 metric  tons  dead  weight  are equipped  with  hatch  covers 
capable  of being  slid or turned  laterally,  unless  equivalent  devices  such  as sliding  hatch 
covers  are installed; 
the composition  of the crew  shall  be as follows: 
Group Deadweight Crew A B c 
1 Over  150 Boatmen 1 2 2 
but not over 
500 metric  tons Helmsmen — — — 
Deckhands 1 1 2 ' 
Ship's  boys — — — 
2 Over  500 Boatmen 1 2 2 
but not over 
1 000 metric  tons Helmsmen — — — 
Deckhands 1 1 3 
Ship's  boys 1 1 — 
3 Over  1 000 Boatmen 1 2 2 
but not over 
1 600 metric  tons Helmsmen 1 1 1 
Deckhands 2 2 3 
Ship's  boys — — 1 
4 Over Boatmen 1 2 2 
1 600 metric  tons Helmsmen 1 1 1 
Deckhands 2 2 4 
Ship's  boys 1 1 — 
2. On  board  vessels  equipped  with  engines  developing  more  than  800  metric  horsepower, 
the deckhand  must  be replaced  by a deckhand/motorman. 
3. On  board  vessels  equipped  with  engines  developing  not  more  than  800  metric 
horsepower,  one  crew  member  must  know  how  to operate  and  supervise  the engines  and 
another  crew  member  must  be sufficiently  familiar  with  their  operation  to be able  to start 
and stop  them. 
4. Where  one or more  of the conditions  set out in paragraph  1 are not fulfilled,  the crew 
prescribed  undet  this  head  shall,  irrespective  of the mode  of operation,  be increased  by one 
ship's  boy for Groups  1 and 2, and by one deckhand  for Groups  3 and 4. 
5. Vessels  whose  engine  is used  solely  for effecting  small  movements  in ports  of loading 
or unloading,  or for increasing  dirigibility  when  under  tow,  shall  for the purposes  of crew 
composition  be deemed  to be dumb  barges.  Restrictions  on the use of the engine  shall  be 
stated  on an inspection  certificate. 
6. Where  a self-propelled  barge  is required  to tow  more  than  one  vessel,  its crew  shall  be 
increased  as follows  for all groups  and for all modes  of operation: 
— by one ship's  boy for two  or three  towed  vessels, 
— by one deckhand  for four  or more  towed  vessels. 
No C 259/12- Official  Journal  of the  European  Communities 12.11.  75 
If, however,  a self-propelled  barge  is required  to tow  downstream  not more  than  two  light 
dumb  barges  coupled  abreast,  its crew  shall  not be increased. 
When  a self-propelled  barge  is used  as an additional  tug with  the aid of a single  towrope,  its 
prescribed  crew  shall  not be increased. 
III. Tugs 
1. Where,  in the  case  of a self-propelled  vessel  designed  for  towing,  the  following 
conditions  are fulfilled: 
(a) the propulsion  machinery  can be controlled  from  the wheelhouse; 
(b) for monitoring  of the  propulsion  machinery,  warning  devices  installed  in the 
wheelhouse  are actuated  at certain  critical  levels  of: 
— temperature  of the cooling  water  and  pressure  of the lubricating  oil of the main 
engines  and transmission  system, 
— oil pressure  and  air pressure  in the parts  of the  equipment  operating  under  oil 
pressure  or under  air pressure; 
(c) the  warning  devices  referred  to in (b) may  be of the acoustic  or optical  type.  They 
must  be constructed  in such  a way  that  they  are capable  of functioning  while  the 
propulsion  machinery  is running  and  of attracting  the boatsman's  attention  in any 
circumstances; 
(d) the anchor  and towrope  winches  of more  than  250 CV are motorized; 
(e) the  towrope  winches  can be operated  by one person; 
The composition  of the crew  shall  be as follows: 
Group Metric  horsepower Crew A B c 
1 Up to 250  CV Boatmen 1 2 2 
Helmsmen — — — 
Deckhands — — 1 
Ship's  boys — — — 
Engineers — — — 
Deckhand/  motormen 1 1 1 
2 Over  250 CV but 
not exceeding 
500 CV Boatmen 
. Helmsmen" 1 2 2 
Deckhands — — 1 
Ship's  boys 1 1 1 
Engineers — — — 
Deckhand/motormen 1 1 1 
3 Over  500  CV  but 
not exceeding 
750 CV Boatmen 
Helmsmen 1 2 2 
Deckhands 1 1 1 
Ship's  boys — 1 1 
Engineers — — — 
Deckhand/motormen 1 1 2 
12.11.  75 Official  Journal  of the European  Communities No C 259/13 
Group Metric  horsepower Crew A B t 
4 Over  750  but not Boatmen 1 2 2 
exceeding  1 000 Helmsmen — — — 
Deckhands 1 1 2 
Ship's  boys 1 — 1 
Engineers 1 1 1 
Deckhand/motormen 1 1 
5 Over  1 000 but not Boatmen 1 2 2 
exceeding  2 000 
Helmsmen exceeding  2 000 
Helmsmen 1 1 1 
Deckhands 1 1 2 
Ship's  boys 1 — 1 
Engineers 1 1 1 
Deckhand/motormen 1 1 
6 Over  2 000 Boatmen 1 2 2 
Helmsmen 1 1 1 
deckhands 2 2 4 
Ship's  boys 1 — — 
Engineers 1 1 1 
Deckhand/motormen 1 1 
2. Where  only  one  towrope  is used  or where  there  is only  one  length  of tow,  no ship's 
boy shall  be required. 
3. Where  one  or more  of the conditions  set out in paragraph  1 are not fulfilled,  the crew 
prescribed  under  this  head  shall  be increased  by one  deckhand/motorman. 
IV. Derogations  and  special  provisions 
1. Where  the  number  of helmsmen,  deckhands  and  deckhand/motormen  in the  crew 
prescribed  under  I, II and  III is two  or more,  a deckhand  may  be replaced  by two  ship's 
boys.  This  replacement  is not permissible  in semi-continuous  or in continuous  sailing. 
A crew  may  not  include  more  than  three  ship's  boys.  Two  ship's  boys  may  be replaced  by 
one deckhand  if the crew  also  includes  at least  one  deckhand,  a deckhand/motorman  or a 
helmsman. 
2. Where  the  statutory  crew  on board  a vessel  consists  of more  than  six members,  no 
' crew  member  shall,  irrespective  of the  mode  of operation,  be assigned  the task  of cooking 
for all. 
3. If,  by reason  of its size,  construction,  installations  or functions,  a vessel  does  not 
correspond  to one  of the  types  mentioned  under  I, II and  III,  the competent  authorities  of 
No C 259/14 Official  Journal  of the  European  Communities 12.11.  75 
the Member  State,  in which  the owner  of the vessel  has his registered  office,  shall  specify  a 
larger  crew  than  that  provided  for under  I, II and III, if it can reasonably  be assumed  that 
the crew  resulting  from  application  of the provisions  thereof  would  be inadequate  to ensure 
safe navigation  of the vessel. 
For each  floating  device,  provided  that  it is not excluded  under  Article  4 of the Regulation, 
and also  for steam  tugs,  the competent  authorities  of the Member  States  shall  determine, 
according  to the  size,  construction,  installations  and  functions  of the  craft,  the crew 
required  to be on board  during  navigation. 
4. On  board  vessels  whose  crew  consists  of more  than  one  boatman  and  one  deckhand, 
the crew  may  be reduced  to one  ship's  boy,  if the latter  is attending  a training  school  for 
boatmen  and  there  is a certificate  on board  attesting  to this  fact.  This  reduction  shall  be 
permitted  for a continuous  period  not exceeding  three  months  in any calendar  year. 
5. The  competent  authorities  of each  Member  State  may,  in the case  of vessels  owned  by 
undertakings  which  have  their  registered  office  in the territory  of that  State,  and  whose 
crews  include  a boatman  and  two  other  members  having  at least  the qualifications  of a 
deckhand,  issue  written  authorization  for the replacement  of one  deckhand,  for a period  of 
tjhree  months,  by a person  of at least  18 years  of age,  who  has  not  had  the  sailing 
experience  required  under  Article  5 (c) of the Regulation.  Such  authorization,  however, 
shall  only  be issued  where  the boatman  in charge  of the vessel  has shown  that,  despite  his 
efforts,  he has been  unable  to obtain  a deckhand  to bring  his crew  up to strength. 
C. COMPOSITION  OF  PUSHER  CREWS 
I. Trains  pushed  by a standard-type  pushboat 
1. The  composition  of the crew  for convoys  pushed  by a standard-type  pushboat  shall  be 
as follows: 
Group Metric 
horsepower Number  of 
pushed  craft c,™ A B c 
Boatmen 1 2 2 
0 
or Helmsmen — — — 
0 
or Deckhands 1 1 2 
1 
or 
2 Ship's  boys 
Engineers — — — 
Deckhand/motormen 1 1 2 
1 Up 
to 
500 1 Up 
to 
500 
Boatmen 1 2 2 
Helmsmen — — — 
3 Deckhands 2 2 3 
or 
more Ship's  boys 
Engineers — — — 
Deckhand/motormen 1 1 2 
12.11.75 \ 
Official  Journal  of the  European  Communities No C 259/15 
Group Metric 
horsepower Number  of 
pushed  craft Crew A B c 
Boatmen 1 2 2 
0 
or 
1 
or Helmsmen 1 1 1 
0 
or 
1 
or Deckhands 1 1 2 0 
or 
1 
or Ship's  boys — — — 
2 Engineers — — — 
2 Over  500 
but not 
exceeding 
750 Deckhand/motormen 1 1 2 
Over  500 
but not 
exceeding 
750 
Boatmen 1 2 2 
Helmsmen 1 1 1 
3 
or 
more Deckhands 
Ship's  boys 2 2 3 
Engineers — — — 
Deckhand/motormen 1 1 2 
Boatmen 1 2 2 
0 Helmsmen 1 1 1 
or 
1 
or Deckhands 2 1 2 or 
1 
or Ship's  boys — — — 
Engineers 1 1 1 
Deckhand/motormen — 1 1 
3 Over  750 
but not 
exceeding 
1000 
Boatmen 1 2 2 
Helmsmen 1 1 1 
3 
or 
more Deckhands 
Ship's  boys 3 2 3 
Engineers 1 1 1 
Deckhand/motormen 1 1 
Boatmen 1 2 2 
4 Over 
1 000 0 
or 
1 
or Helmsmen 
Deckhands 
Ship's  boys 1 
2 1 
1 1 
2 
2 Engineers 
Deckhand/motormen 1 1 
1 1 
1 
No C 259/16 Official  Journal  of the  European  Communities 12.11.  75 
Group Metric 
horsepower Number  of 
pushed  craft Crew A B c 
Boatmen 1 2 2 
Helmsmen 1 1 1 
4 Over 
1000 3 
or 
more Deckhands 
Ship's  boys 3 2 3 
Engineers 1 1 1 
Deckhand/  motormen 1 1 
II. Trains  pushed  by a pusher  barge 
1. For  trains  pushed  by a pusher  barge,  where: 
— the pusher  barge  complies  with  all the provisions  of Section  B, II (1), 
— the pusher  barge  is equipped  with  a pushing  platform, 
— the train  comprises  only  one  pushed  lighter  and  does  not  include  any  unconverted 
dumb  barge; 
the composition  of the crew  shall  be as follows: 
Group Deadweight  tonnage 
of pusher  barge Crew A B c 
1 Over  50 but not 
exceeding  500 metric 
tons Boatmen 
Helmsmen 1 2 2 
Deckhands 2 2 3 
Ship's  boys — — — 
2 Over  500 but not 
exceeding 
1 000 metric  tons Boatmen 
Helmsmen 1 2 2 
Deckhands  ' 2 2 4 
Ship's  boys 1 1 — 
3 Over  1 000 but not 
exceeding 
1 600 metric  tons Boatmen 
Helmsmen 1 
1 2 
1 2 
1 
Deckhands 2 2 3 
Ship's  boys — — 1 
4 Over  1 600 metric 
tons Boatmen 
Helmsmen 1 
1 2 
1 2 
1 
Deckhands 2 3 4 
Ship's  boys 1 1 — 
12.11.75 Official  Journal  of the  European  Communities No C 259/17 
2. On  board  pusher  barges  equipped  with  engines  developing  more  than  800  metric 
horsepower,  one deckhand  shall  be replaced  by a deckhand/motorman. 
On board  pusher  barges  equipped  with  engines  developing  not  more  than  800  metric 
horsepower,  one  crew  member  must  know  how  to operate  and  supervise  the engines  and 
another  crew  member  must  be sufficiently  familiar  with  their  operation  to be able  to start 
and stop  them. 
3. Where  one  or more  of the conditions  set out in paragraph  1 are not fulfilled,  the 
prescribed  crew  shall,  irrespective  of the mode  of operation,  be increased  by one  ship's  boy 
for Groups  1 and 2 and by one deckhand  for Groups  3 and 4. 
4. Where  the pusher  barge  is not  equipped  with  a pushing  platform,  the competent 
authorities  of the Member  States  shall,  for each  train,  require  that  the coupling  operations 
be demonstrated  to them. 
If they  find  that  the prescribed  deck  crews  are not adequate  for the proper  performance  of 
these  operations,  even  in adverse  conditions  (rain,  frost,  etc.),  they  shall  supplement  these 
crews  as required. 
III. Trains  pushed  by a converted  tug 
1. For  trains  pushed  by a converted  tug which  does  not possess  all the technical  features 
of a standard-type  pushboat,  where: 
— the pushing  vessel  complies  with  the provisions  of Section  B III, paragraphs  (a), (b) and 
(c) and is equipped  with  motorized  anchor  winches, 
— the train  does  not comprise  more  than  two  pushed  craft; 
the composition  of the crew  shall  be as follows: 
Group Metric 
horsepower Number  of 
pushed  craft Crew A B c 
1 Up to 500 1 or 2 Boatmen 1 2 2 
Helmsmen — — — 
Deckhands 2 2 3 
Ship's  boys — — — 
Engineers — — — 
Deckhand/motormen 1 1 2 
2 Over  500 
but not 
exceeding 
750 1 or 2 Boatmen 
Helmsmen 
Deckhands 1 
1 
2 2 
1 
2 2 
1 
3 
Ship's  boys — — — 
Engineers — — — 
Deckhand/motormen 1 1 2 
3 Over  750 
but not 
exceeding 
1000 1 or 2 Boatmen 
Helmsmen 
Deckhands 1 
1 
3 2 
1 
2 2 
1 
4 
Ship's  boys — — — 
Engineers 1 1 1 
Deckhand/motormen 1 1 
No C 259/18 Official  Journal  of the  European  Communities 12.11.75 
Group Metric 
horsepower Number  of 
pushed  craft Crew A B c 
4 Over  1 000 1 or 2 Boatmen 1 2 2 
Helmsmen 1 1 1 
Deckhands 3 2 4 
Ship's  boys — — — 
Engineers 1 1 1 
Deckhand/motormen 1 1 
2. The  competent  authorities  of the  Member  States  shall  require  that  the  coupling 
operations  of the train  be demonstrated  to them.  If they  find  that  the deck  crews  prescribed 
for Group  1 in the foregoing  table  are not  adequate  for the proper  performance  of these 
operations  even  in adverse  conditions  (rain,  frost,  etc.),  they  shall  supplement  these  crews  as 
required.  /