WRITTEN QUESTION P-3616/97 by Alexandros Alavanos (GUE/NGL) to the Commission (10 November 1997)

Subject: Implementation of Regulation 3577/92

The Commission report to the Council on the implementation of Regulation 3577/92 ((OJ L 364, 12.12.1992, p. 7.)) states in paragraph 5.5 that the Commission is consequently of the opinion that the terms for manning vessels with crews from the state of registration should apply on a certain date (to be decided later) to the entire EU market in domestic maritime cabotage. A similar arrangement with some exceptions is advocated for regular ferry lines.

Will the Commission say:

1. Is such an amendment to Article 3 of Regulation 3577/92 - which will in practice reduce the number of Community workers in ships' crews - in keeping with the Commission's guidelines for increasing employment?

2. Has it failed to consider the particular consequences for islands which supply a large number of seamen, and notably Greek seamen, islands which it is supporting on the basis of the Treaty of Amsterdam?

3. Has it failed to consider the safety problems that will arise owing to the existence of mixed crews on passenger vessels and car ferries, in the light of the tragic accidents that have occurred for a number of reasons within the European Union? Is it willing to accept such a responsibility?

4. Why does the report refer to 'crew' while Article 3 of the Regulation refers to 'manning' of the vessel?

5. Finally, has the Commission any specific proposals for amending Article 3 of Regulation 3577/92, and if so what are they? Does it intend to support the principle of the 'host state' which would be in line with the principles of combating unemployment and promoting employment and growth in the European Union?

Answer given by Mr Kinnock on behalf of the Commission (10 December 1997)

As the Honourable Member is aware, Council Regulation (EEC) No 3577/92 lays down rules for the application of the principle of freedom to provide services to maritime transport within Member States, and is not designed as a specific measure to promote employment. However, in the report referred to by the Honourable Member the Commission has taken into account the sensitive employment situation in the island regions. The Commission has therefore suggested a specific provision for regular passenger and ferry services in island cabotage, which will allow Member States to protect the employment of Community seafarers. Considering that the major share of seafarers'jobs in cabotage is concentrated in this sector, the Commission takes the view that the suggested approach is in line with its employment policy. Moreover, it should be recalled that for the specific case of the Greek islands an additional derogation of five years has been granted by the Regulation to allow more time for adaptation to liberalisation.

The Commission is aware of the possible safety problem that the co-existence of heterogeneous crews on board passenger and ferry vessels may pose. However, Council Directive 94/58/EC on the minimum level of training of seafarers ((OJ L 319, 12.12.1994. )), allows Member States to require that a common working language is established and recorded in the ship's logbook. In addition, the legislation allows that a certain percentage of the crew, in particular those nominated on muster lists to assist passengers in emergency situations, must have communication skills that are sufficient for that purpose and which may consist, inter alia, in speaking the language or languages appropriate to the principal nationalities of passengers carried on a particular route. The Commission is also currently preparing a framework Directive on safety conditions for the operation of regular ferry and high speed passenger craft services in the Community.

Article 3 of Regulation (EEC) No 3577/92 dealing with manning covers all aspects relating to the crew. In the report, these terms are intended to have the same meaning. In particular, when assessing the number of jobs involved in the passenger and ferry services and cruise activities, the cabin crew and catering personnel have been taken into account as part of the crew.

There is no concrete proposal for an amendment of Regulation (EEC) No 3577/92 as yet.