WRITTEN QUESTION E-2513/99

by Rosa Miguélez Ramos (PSE) to the Commission

(22 December 1999)

Subject: Third-country crews on board Community vessels

Since the beginning of the year, in order to take advantage of the liberalisation of cabotage and in their eagerness to cut costs, some European shipowners in the merchant navy and fisheries sectors have tried to replace their crews of Community seamen with low-cost crews made up of seamen from non-Community countries. According to reports from trade unions in the sector, the sole purpose of facilitating access by non-Community seamen to the market in question is to encourage precarious employment under working and social welfare conditions which are inferior to those laid down by law in the European employment market.

What view does the Commission take of this development, which effectively undermines the social rights of Community workers?

What measures is the Commission adopting and what action does it intend to take in order to put a stop to this practice of social dumping?

Answer given by Mrs de Palacio on behalf of the Commission

(14 February 2000)

The Commission is very concerned by the decline in employment of Community seamen and the corresponding increase in the employment of seamen from third countries under non-Community conditions both in maritime cabotage and transport between the Member States. There is no harmonisation at Community level with respect to the Member States' right to employ seamen from third countries.

The national legislation of most Member States authorises the employment of seamen from third countries under the conditions applicable in their country of origin for international services and, to a lesser extent, for cabotage services. A minority of Member States only authorise the employment of Community seamen or seamen who are paid the same wages as their own nationals for these services. Council Regulation (EEC) No 3577/92 of 7 December 1992 applying the principle of freedom to provide services to martime transport within Member States (maritime cabotage)(1) authorises the host state to impose its own rules with respect to manning nationality, minimum rates of pay, working conditions and social security. This allows Member States which prohibit the employment of non-Community seamen to put on an equal footing all competing operators in the very sensitive island cabotage sector.

With regard to transport between Member States, on 29 April 1998 the Commission adopted a proposal for a Council Directive on manning conditions for regular passenger and ferry services operating between Member States(2). The proposal defines at Community level minimum working conditions, including pay, for seamen from third countries. The objective is to put operators on an equal footing by eliminating social dumping in this very labour-intensive sector.

The Commission also adopted a proposal amending Regulation (EEC) No 3577/92 on maritime cabotage(3). This proposal allows the host state to impose its rules regarding the proportion of Community nationals in the crew for regular passenger and ferry services. This should rule out the employment of seamen from third countries under non-Community conditions in this sector.

Lastly, in 2000 the Commission will present a communication on the employment and training of seafarers. One of the objectives will be to promote the use of Community crews.

(1) OJ L 364, 12.12.1992.

(2) OJ C 213, 9.7.1998.

(3) OJ C 213, 9.7.1998.