AMENDED PROPOSAL FOR A COUNCIL REGULATION (EEC) APPLYING THE PRINCIPLE OF FREEDOM TO PROVIDE SERVICES TO MARITIME TRANSPORT WITHIN MEMBER STATES
Date: 1991-02-22
Institutions: European Commission
Subjects: domestic market, freedom to provide services, liberalisation of trade, maritime cabotage, maritime transport

COMMISSION OF THE 

ÎOPEAN COMMUNITIES 

C0M(91) 54 final 

Brussels, 22 February 1991 

tea»» 

M 

«®B| 

Amended  proposal  for a 

COUNCIL  REGULATION  (EEC) 

establishing a Community  ship  register and providing for 

the flying of the flag by sea-going  vessels 

Amended  proposal  for a 

COUNCIL  REGULATION (EEC) 

on a common  definition cf a Community  shipowner 

Amended  proposal  for a 

COUNCIL REGULATION (EEC) 

applying the principle of freedom to provide  services 

to maritime  transport  within Member  States 

(presented by the Commission  pursuant  to Article  149(3) 

of the EEC Treaty) 

EXPLANATORY  MEMORANDUM 

On  3 August  1989  the  Commission  submitted  to  the  Council  proposals  for 

a  Council  Regulation  establishing  a Community  ship  register  and 
providing  for  the  flying  of  the  Community  flag  by  sea-going 
vessels; 
a  Council  Regulation  on  a common  definition  of  a  Community 
shipowner;  and 
a  Council  Regulation  applying  the  principle  of  freedom  to  provide 
services  to maritime  transport  within  Member  States. 

At  its Plenary  Session  on  26 October  1990  the  European  Parliament 
approved  the  Commission's  proposals  with  a number  of  amendments. 

The  Commission  has  accepted  certain  amendments,  including  many  of  those 
involving  changes  of  definition  or  laying  down  detailed  procedures. 
Among  the  amendments  accepted  are  those  concerning  guidelines  to  be 
laid  down  by  the  Commission  as  a basis  for  the  issue of  minimum  manning 
certificates  for  vessels  on  the  Community  ship  register  (EUROS),  those 
amending  nationality  requirements  for  crews  on  EUROS  vessels  (and  in 
particular  setting  more  stringent  nationality  requirements  for 
passenger  vessels  and  ferries),  and  those  providing  for  monitoring  of 
the  availability  of  seafarers  who  are  nationals  of  the Member  States. 

Amendments  relating  to  the  introduction  of  a uniform  system  of 
taxation,  based  on  tonnage, of  ships  registered  in EUROS,  and  to  the 
exemption  of  seafarers  domiciled  in  the Community  from  income  tax  in 
respect  of  employment  on  ships  registered  in  the  Community  have  complex 
and  potentially  far-reaching  implications  for  the  fiscal  systems  of  the 
Member  States,  and  the  Commission  is examining  these  before  reaching  a 
firm  conclusion  as  to  their  acceptability.  Further  amendments  to  the 
proposal  for  a Council  Regulation  establishing  a Community  ship 
register  will  be  submitted  as necessary  at  a  later  stage. 

A  number  of  amendments  are  not  acceptable,  since  they  would  introduce 
subjects  outside  the  scope  of  the  regulations, would  fall  outside 
normal  budgetary  procedures  (amendment  concerning  Community  aid  for 
EUROS  vessels) or  would  subject  the  implementation  of  the  regulation  on 
freedom  to  provide  services  to permanent  derogation  or  unacceptable 
delay. 

Amended  proposal  for  a Council  Regulation 

establishing  a Community  ship  register  and  providing  the 

flying  of  the  Community  flag  by  sea-going  vessels 

(Submitted  by  the  Commission  pursuant  to Article  149(3) 
of  the  EEC  Treaty) 

INITIAL  PROPOSAL 

AMENDED  PROPOSAL 

THE  COUNCIL  OF  THE  EUROPEAN 
COMMUNITIES, 

THE  COUNCIL  OF  THE  EUROPEAN 
COMMUNITIES, 

Visas  unchanged 

Having  regard  to  the  Treaty 
establishing  the  European  Economic 
Community,  and  in particular 
Article  84(2)  thereof, 

Having  regard  to  the  proposal  of 
the  Commission, 

Having  regard  to  the  opinion  of 
the  European  Parliament, 

Having  regard  to  the  opinion  of 
the  Economic  and  Social  Committee, 

Whereas  shipping  is an 
indispensable  element  in  trade 
between  the  Member  States  and 
between  Member  States  and  third 
countr ies; 

Unchanged 

Whereas  the  availability  of  a  high 
quality  and  truly  competitive 
fleet  depends,  on  the one  hand, 
on  the  availability  of  a  maritime 
infrastructure  within  the 
Community  including  a  reserve  of 
nationals  of  Member  States  to 
serve  as  seafarers  and,  on  the 
other  hand,  a  cost  level  which 
is compet it ive; 

Whereas  the  availability  of  a  high 
quality  competitive  fleet  depends 
on  the  availability  of  a  maritime 
infrastructure  within  the 
Community  allowing  for  the 
preservation  of  a  sufficient 
number  of  nationals  of  Member 
States  to  serve  as  seafarers 
and  a  cost  level  which  is 
compet it ive; 

Whereas  the  fleet  flying  Member 
States'  flags  has  suffered  a 
considerable  decline  over  the 

Whereas  the  comparative  advantage 
of  Community  shipping  has  been 
eroded  over  the  years,  and  the 

j> 

years  and  to  the  extent  that 
ships  have  been  transferred  to 
third  country  registers,  there 
has  been  a  severe  loss of 
employment  for  Community 
nat ionaIs 

Whereas  the  efforts  to meet  the 
problem  through  national  measures, 
inter  alia  the  establishment  of 
second  national  registers,  to  which 
more  favourable  conditions  are 
attached,  tend  to disperse  the 
effects  of  the  actions  undertaken 
and  risk  a distortion  of 
compet i t ion; 

Whereas  it  is  in  the  Community 
interest  to  aim  at  a  structural 
development  of  a  fleet  of 
vessels,  registered  in Member 
States'  registers  but  also 
identifiable  as  ships  serving 
Community  needs, which  comply 
with  the  standards  of  the 
maritime  conventions,  and  whose 
crew  includes  as  a minimum  a 
specified  number  of  trained 
seafarers  from  Member  States; 

fleet  flying  Member'  States 
flags  has  suffered  a  considerable 
decline,  and  to  the  extent  that 
ships  have  been  transferred  to 
third  country  registers,  there 
has  been  a  severe  loss of 
employment  for  Community 
nationals;  and  as  a  result  the 
invisible  earnings  of  the  Member 
States  of  the  Community  have 
dec Iined. 

Whereas  the  efforts  to  meet 
the  problem  through  national 
measures,  either  by  the 
establishment  of  second  national 
registers,  to which  more 
favourable  conditions  are 
attached,  or  by  granting 
operating  subsidies  or  aid  to 
related  sectors,  tend  to  disperse 
the  effects  of  the  actions 
undertaken  and  risk  a 
distortion  of  competition; 

Whereas  it  is  in  the  Community 
interest  to  aim  at  a  structural 
development  of  a  fleet  of  vessels, 
registered  in Member  States' 
registers  but  also  identifiable 
as  Community  vessels  which  meet 
the  standards  laid  down  by 
international  maritime  conventions 
and  to man  these  vessels,  to  the 
highest  possible  proportion,  with 
Community  seafarers; 

Whereas  this  aim  cannot  be 
attained  without  a  reduction  of  the 
cost  level ; 

Unchanged 

Whereas  the  Commission  has  developed  Unchanged 
guidelines  for  the  examination  of 
State  aids  to  be  given  by  the  Member 
States  to Community  shipping  companies; 

Whereas  the  establishment  of  a 
Community  ship  register  should 
serve  the  purpose  of  creating  a 
channel  through  which  national 
efforts  can  be  converged,  a 
poo! of  Community  seafarers  and < 
trade mark  guaranteeing  shippers 
a  high  quality  service; 

Whereas  the  establishment  of  a 
Community  ship  register  should 
serve  the  purpose  of  creating  a 
channel  through  which  national 
efforts  can  be  converged,  a 
focus  for  the  employment  of 
Community  seafarers,  and  a  trade 
mark  guaranteeing  shippers  a  high 
qua Iity  service; 

Whereas  the Community  ship  register 
will  be  additional  to  the  national 
register ; 

Whereas  the  Community  ship 
register  will  be  additional  to 
the  national  register  and 

should  be  introduced 
without  delay  in order  to 
discourage  the  trend  towards 
setting  up  secondary  registers; 

Whereas  the  right  to  register 
vessels  in  the  Community  register 
should  be  reserved  for  natural  and 
legal  persons  having  a  certain  link 
with  the  Community;  whereas, 
however,  this  right  should  also  be 
given  under  certain  conditions  to 
persons  having  a  link with  a  given 
third  country; 

Whereas  the  right  to  register 
vessels  in  the  Community  register 
should  be  reserved  for  natural 
and  legal  persons  having  a  genuine 
link with  the  Community;  whereas, 
however,  this  right  should  also  be 
given  under  certain  conditions  and 
terms  to  persons  who  have  a 
genuine  link with  third 
countr ies; 

Whereas  the  vessel  to  be  registered 
in the  Community  register  should 
comply  with  certain  conditions; 
whereas,  in particular,  the  vessel 
should  be  and  remain  registered  in 
a  national  register;  whereas  the 
decisions  on  the  admission  to  the 
national  register  must  be  taken  in 
compliance  with  the  provisions  of 
the  Treaty; 

Whereas  registration  in  the 
Community  register  should  depend  on 
compliance  with  the  safety  measures 
required  by  the  international 
conventions  in  this  respect; 

Whereas  the  number  of  trained 
seafarers  from  Member  States  on 
board  vessels  registered  in 
this  register  should  be  sufficient 
to meet  future  requirements  of  the 
Community  fleet; 

Unchanged. 

Whereas  registration  in,  and 
continued  membership  of,  the 
Community  register  should  depend 
on  compliance  with  the  safety 
measures  required  by  the 
international  conventions  in  this 
respect  and  any  rules  in  respect 
of  vessels,  personnel  and  seamen 
established  at  Community  level; 

Whereas  the  number  of  qualified 
seafarers  from  Member  States  on 
board  vessels  registered  in 
this  register  should  be 
sufficient  to meet  present  and 
future  requirements  of  the 
Community  fleet,  bearing  in  mind 
that  in order  to  ensure 
passengers'  safety  and  to 
safeguard  employment  among 
seafarers  of  the  Member  States, 
the  crews  of  passenger  vessels  and 
ferries  operating  in  European 
waters  must  consist  entirely  of 
Community  seafarers; 

Whereas  seafarers  from  non-Community 
countries  on  vessels  registered  in 
this  register  should  be  employed  on 
conditions  in conformity  with 
internationally  agreed  standards 
unless  otherwise  mutually  agreed 
with  their  representative 

Whereas  seafarers  from  non-
Community  countries  on  vessels 
registered  in  this  register  should 
be  employed  on  conditions  which 
have  been  agreed  on  by  their 
representative  organizations  and, 
in  the  absence  of  such  an 

organizations; 

agreement,  on  conditions  which 
comply  with  internationally  agreed 
standards; 

Whereas  in order  to  ensure  uniform 
crew  composition  for  each  category 
of  vessel  and  degree  of 
automation,  in view  of  the 
substantial  divergences  that  exist 
between  national  legislations  on 
this matter, guidelines  for  the 
composition  of  the  crews  of 
vessels  registered  in EUROS  must 
be  laid  down  by  the  Commission  on 
the  basis of  the  principles  set 
out  in Resolution  A  481  (XII) of 
the  International  Maritime 
Organization  and  ILO  Convention 
147  concerning  minimum  standards 
in merchant  shipping  which  are 
internationally  recognized  and 
accepted; 

Whereas  all  seafarers  on  vessels 
registered  in this  register  should  at 
least  benefit  from  the  social  security 
schemes  to which  they  are  entitled  in 
the  country  where  they  are  resident; 

Unchanged, 

Whereas  vessels, while  remaining  on  Unchanged. 
this  register,  should  be  able  to 
transfer  between  the  national 
registers  of  Member  States  without 
technical  hindrance, when  they  comply 
with  the  essential  technical 
requirements  to  be  laid  down  by 
the  CounciI ; 

Unchanged. 

Whereas  the  right  of  free movement 
under  Article  48 of  the  Treaty  as 
implemented  by  Council  Regulation 
1612/68  applies  to employment  of 
nationals of  Member  States  on  board 
vessels  registered  in  the  Member 
States;  whereas  therefore  this  right 
applies  to  vessels  registered  in 
EUROS;  whereas,  however,  the  effective 
exercise  of  that  right  may  be 
hindered  by  differences  between 
qualifications  and  licences  issued  in 
the Member  States; whereas  it  is 
appropriate  to  provide  for  recognition 
of  such  qualifications  and  licences 
for  seafarers  for  the  purposes  of 
employment  on  board  vessels  in  the 
Community  register  subject  to  minimum 
requirements  laid  down  by  the  Council; 

Whereas  registration  in  this 
register  should  be  reflected  in  the  register  should  be  reflected  in 

Whereas  registration  in  this 

right  and  obligation  to  fly  the 
European  flag; 

Whereas  the  Commission  should  be 
enabled  to  adopt  implementing 
provisions  concerning  the 
establishment  of  the  register  and 
concerning  procedures  of 
registration  and  deregistration; 

the  right  and  obligation  to  fly 
the  European  flag  which  should  be 
afforded  a  similar  degree  of 
protection  to  that  enjoyed  by  the 
flags of  Member  States  and  third 
countr ies; 

Whereas  the  Commission  should,  in 
application  of  the  provisions  of 
this  regulation,  be  enabled  to 
adopt  implementing  provisions 
concerning  the  establishment  of 
the  register  and  concerning 
procedures  of  registration  and 
deregistrat ion; 

Whereas  there  should  be  cooperation  Unchanged 
between  the  Community  register  and 
the  national  ship  registers, 
including  an  exchange  of  information; 

Whereas  the  Member  States  should 
take  the  necessary  measures  to  control 
and  enforce  compliance  with  the 
provisions  of  this  Regulation; 

Unchanged 

Whereas  the  Commission  will  report 
annually  to  the  European 
Parliament  and  Council  on  the 
number  of  vessels  registered  in 
the  Community  register  and  the 
number  of  Community  seafarers 
employed  in  those  vessels,  thus 
enabling  the  effectiveness  of  this 
regulation  to  be  assessed,  and 
whereas  the  Commission  will  if 
necessary  propose  any 
modifications  and  improvements 
required; 

HAS  ADOPTED  THIS  REGULATION 

HAS  ADOPTED  THIS  REGULATION 

SECTION  1  : Scope  of  the  Regulation 

Art icie  1 -  Objective 

Unchanged. 

This  regulation  provides  for: 
-  the  establishment  of  a  Community 

This  regulation  provides  for: 
-  the  establishment  of  a  Community 

ship  register  for  sea-going 
merchant  vessels; 

ship  register  for  sea-going 
merchant  vessels; 

- t he  conditions  for  registration; 
-  certain  facilities  accruing  from 

-  the  conditions  for  registration; 
-  certain  facilities  accruing  from 

such  registration; 

such  registration; 

-  the  right  to  fly  the  European 

flag  on  these  vessels  in  addition 
to  the  nat ional  flag. 

-  the  flying  of  the  European  flag 
on  these  vessels  in addition  to 
the  national  flag; 

associated  measures  aimed  at 
ensuring  the maintenance  of 
social  standards  and  at 
improving  environmental  and 
safety  standards. 

SECTION  2  : The  register,  vessel  owners  and  vessels 

Art icie  2 

Establishment  of 
the  register 

Unchanged 

A Community  ship  register 
(hereafter  called  "EUROS")  is 
hereby  established  in which  sea-going 
merchant  vessels  may  be  registered 
in addition  to  their  national 
registration  in a Member  State. 

Unchanged 

The  Commission  shall  register  when 
the  conditions  laid  down  in 
Articles  3,  4  and  5  are  met. 
It  shall  deregister  a  vessel  when 
it  no  longer  conforms  to  the 
provisions  of  this  Regulation. 

Unchanged 

Art icie  3 -  Persons  entitled  to 

have  a  vessel 
registered  in  EUROS 

Art icie  3 -  Community  vessel 
owner 

1.  The  following  may  apply  for 
registration  of  a  vessel  in  EUROS 

(a) nationals  of  the  Member  States 
established  in a Member  State 
and  pursuing  shipping 
act ivit ies; 

(b) a  shipping  company  formed  in 
accordance  with  the  law of  a 
Member  State  and  having  its 
principal  place  of  business  in, 
and  effective  control  exercised 
within,  the  Community,  provided 
that  the  majority  of  the  capita 
of  that  company  is owned  by 
nationals  of  the  Member  States 
or  the  majority  of  the  board  of 
the  company  consists  of  such 
nationals,  who  have  their 
domicile  or  usual  residence  in 
the  Communi ty. 

1.  The  following  who  are  owners 
of  a  vessel  registered  in  the 
national  register  of  a  Member 
State  may  apply  for  registration 
of  the  vessel  in  EUROS: 

(a) nationals  of  the  Member 

States; 

(b) companies  formed  in  accordance 
with  the  law of  a Member  State 
and  having  their  principal 
place  of  business  in,  and 
effective  control  exercised 
within,  the  Community, 
provided  that  a majority  of 
the members  of  the  board  or 
of  the  directors  of  these 
companies  are  nationals  of  the 
Member  States  having  their 
domicile  or  usual  residence 
in  the  Community. 

(c) Nationals  of  Member  States 
established  outside  the 

(c) Companies  formed  in  accordance 
with  the  law of  a Member  State 

Communi ty or 
shipping  companies  established 
outside  the Community  and 
controlled  by  nationals  of  a 
Member  State,  if  the  vessels 
owned  or  operated  by  them  are 
registered  in  that  Member  State 
in accordance  with  its 
legislat ion. 

or  of  a  third  country  in which 
nationals  of  Member  States 
participate  by  more  than  50  % 
or  are  company  shareholders 
controlling  more  than  50  % 
of  the overall  company 
capital. 

For  the  purpose  of  this 
regulation,  a  natural  or  legal 
person  mentioned  in paragraph  1 
wi I I hereafter  be  referred  to 
as  a  "Community  vessel  owner"; 

For  the  purpose  of  this 
regulation,  a  natural  or  legal 
person  mentioned  above 
wi 11  hereafter  be  referred  to 
as  a  "Community  vessel  owner"; 

3. 

Where  it  has  been  agreed 
between  a  third  country  and 
the  Community  that  registration 
of  vessels  in each  other's 
register  shall  be  permitted, 
the  term  "nationals  of  the 
Member  States"  shall,  for  the 
purposes  only  of  paragraph  1(a) 
and  (b), include  nationals  of 
the  third  country  concerned. 

2.  Where  it  has  been  agreed 

between  a  third  country  and 
the  Community  that 
registration  of  vessels  in 
the  register  of  that  third 
country  and  in EUROS  shall  be 
permitted,  the  term  "nationals 
of  the Member  States"  shall, 
for  the  purposes  of 
paragraph  1(a) and (b), 
include  nationals  of  the  third 
country  concerned. 

Art icie  4 -  Vessels  eligible  for 

Unchanged 

registrat ion 

Eligible  for  registration  in  EUROS 
is any  sea-going  merchant  vessel 
of  at  least  500 grt,  built  or  under 
construction,  which  is  already 
registered  in a Member  State,  and 
entitled  to  fly  the  flag  of  that 
Member  State  and  used  or  to  be 
used  in national  or  international 
trade  for  the  transport  of  cargo 
or  passengers  or  any  other 
commercial  purpose,  if  it  fulfils 
the  following  conditions: 

Eligible  for  registration  in  EUROS 
is any  sea-going  merchant  vessel 
with  a  tonnage  of  at  least 
500  grt,  built  or  under 
construction,  which  is  already 
registered  in a Member  State  and 
is used  or  to  be  used  for  the 
transport  of  cargo  or  passengers 
or  any  other  commercial  purpose, 
if  it  fulfils  the  following 
condi t ions: 

(a)  the  vessel  must  be  and  remain 

registered  in  the  national  ship 
register  for  the  duration  of 
its  registration  in EUROS; 

(a)  the  vessel  must  be  and  remain 
registered  in  the  national 
ship  register  for  the  duration 
of  its  registration  in  EUROS; 

(b) the  vessel  must  be  owned  and 
for  the  duration  of  its 
registration  in EUROS  remain 
owned  by  the  person  entitled  to 
register  a  vessel  in EUROS, or 
operated  by  a Community  vessel 
owner  on  the  basis  of  a  bare 
boat  charter  in  accordance 
with  the  provisions  of 

(b)  the  vessel  must  be  owned,  and 

for  the  duration  of  its 
registration  in EUROS  remain 
owned,  by  a  Community  vessel 
owner ; 

Art icie 5; 

(c) the vessel  shall  not  be more 

than 20 years old. 

(c) the vessel  shall  not  be more 
than  20 years old  at  the time 
of  its registration  in EUROS 
unless  it has been  completely 
refurbished  and  certified 
by a Member  State as complying 
with  the regulations for new 
ships defined  in the 1974 
SOLAS Convent ion. 

Art icie 5 - Registration 

1.  The Community  vessel  owner 

shall  apply  to the  Commission 
for  the registration of a 
vessel  in EUROS.  He shall 
submit  this application  either 
directly  to the Commission or 
through  the competent  national 
authorities which shall 
forward  the application to 
the Commission. 

This application shall  be 
accompanied  by: 

(a)A certificate of ownership 

of  the vessel  issued by 
the national  registration 
authority; 

(b) The measurement 

cert ificate of  the 
vessel ; 

(c) A certified  copy of  the 
vessel's certificate of 
nat ionality; 

(d)  If the vessel  is 

mortgaged,  a wr itten 
statement  by  the mortgage 
creditors  that  they 
consent  to the 
registrat ion of  the 
vessel  in EUROS. 

The Commission  may stipulate 
other  documents or 
certificates that must  be 
submitted  in order  for a 
vessel  to be registered  in 
EUROS. 

Registration  in EUROS shall 
be completed when  the 
following data  is recorded 

lo 

in the relevant  entry  of the 
vessel : 

(a) the name or  title of  the 
Community  vessel  owner 
and his or  its other 
part iculars; 

(b) the name, the 

internat ional  cal I 
letters, the dimensions 
the gross and net 
register  tonnage, the 
type and power of  the 
engine and  the age of 
the vessel ; 

(c) the type of  the vessel, 

its number  and port of 
national  registration. 

The Commission may also lay 
down other  data  concerning 
the vessel  which must  be 
recorded  in EUROS. 

The following data shall  also 
be recorded  in the register.-

(a) changes of ownership or 
nat ional  flag of the 
vessel ; 

(b) the deregistration of  the 

vessel. 

Third  parties shall  be 
entitled  to receive 
information of  the data 
concerning  a vessel 
registered  in EUROS on 
payment  of a  reasonable fee. 

Art icie 6 - Notification 

1. 

2. 

Where  a vessel  is registered 
in or deregistered  from  EUROS 
the  Commission  shall  notify 
its national  registration 
author i ty. 

Where, for any reason, a 
vessô!  is deregistered  from 
the  national  register, the 
nnt?onc*  •"*:^rs"^:;  authority 
she. ! ! ;tv..7<eci ' ,:*te iy notify  th^ 
Comm i ss i on. 

Art icie 7 - Certificates and 

documents of  vessels 

The  following  certificates or 
documents  must  be kept  on  board 
the  vessel  for the entire  duration 
of  its registration  in EUROS: 

(a)  The certificates or  documents 

which  the vessel  is required 
to have on board  under  the 
legislation of  the Member 
State  in whose national 
register  the vessel  is 
registered; 

(b)  The certificate granting  the 

right  to fly  the European 
f I ag ; 

(c)  The certificate of minimum 

crew compos it ion; 

(d)  The  "sea-worthiness" 

certificate  issued by a 
Member  State  in whose 
register  the vessel  is 
registered. 

Art icie 8 - Deregistration 

1. 

A vessel  registered  in EUROS 
shalI  be deleted: 

(a) by  the Commission,  acting 
ex officio, where  the 
vessei  ceases  to comply 
with  the provisions of 
this régulât ion or, 

(b) by an application  from 
the Community  vessel 
owner. 

2. 

The deletion  of a vessel  from 
the  national  register  of a 
Member  State  and its 
registration  in the national 
register  of another  Member 
State  at the same  time,  shall 
not  affect  its registration 
in  EUROS. 

Art icie 5 - Bare-boat  charters 

Art icie 9 - Bare-boat  charters 

Vessels  operated  by Community 
vessel  owners on the basis of a 
bare-boat  charter  may be registered  bare-boat  charter  for a period of 

Vessels  operated  by  Community 
shipowners on the basis of a 

fl 

in  EUROS  during  the  period  of  that 
charter  if  the  following  conditions 
are  fulf iI led: 

at  least  twelve  months  may  be 
registered  in  EUROS  during  the 
period  of  that  charter  if  the 
following  conditions  are 
fulfiI led: 

the  vessel  is  registered  as  a 
bare-boat  chartered  vessel  in 
a  national  ship  register  of  a 
Member  State; 

1.  the  vessel  is  registered  as  a 
bare-boat  chartered  vessel  in 
a  national  ship  register  of  a 
Member  State; 

the  laws of  the  vessel's 
initial  flag  country  allow 
bare-boat  registration  in 
another  country; 

2.  the  laws of  the  vessel's 

initial  flag  state  allow  the 
registration  of  a  bare-boat 
chartered  vessel  in  the 
national  register  of  a  Member 
State; 

the  consent  of  the  owner  of 
the  vessel  and  of  all  mortgage 
creditors  for  the  registration 
of  the  bare-boat  is  obtained; 
and 

the  consent  of  the  owner  of 
the  vessel  and  of  all  mortgage 
creditors  for  the  registration 
of  the  bare-boat  in  EUROS  is 
obtained;  and 

4.  the  bare-boat  charter  is  duly 

recorded  in  the  register  of  the 
vessel's  initial  flag  country. 

the  bare-boat  charter  has 
been  duly  recorded  in  the 
register  of  the  vessel's 
init ial  flag  state. 

SECTION  3:  Safety,  manning  and  crew 

Art icie  6  -  Safety 

Art icie  10 -  Safety 

Throughout  the  period  of  registra 
tion  the  vessel  must  be  provided 
with  all  certificates  required 
by  the  Member  State  concerned. 

Throughout  the  period  of  registra 
tion  the  vessel  must  be  provided 
with  all  certificates  required  by 
by  the  Member  State  in  whose 
national  register  it  is 
registered. 

Art icie  11  -  Manning 

1. 

Guidelines  concerning  the 
manning  of  vessels  registered 
in EUROS  shall  be  laid  down 
by  the  Commission  on  the 
basis  of  the  principles  set 
out  in Resolution  No.A  481 
(XI I) of  19.11.1981  of  the 
Assembly  of  the  International 
Maritime  Organization  (IMO), 
after  consul tat ion with  the 
Joint  commit too  on  maritime 
transport  and  Member  States. 
The  Coiiirnissior:  shall  adopt 

time  limit  mentioned  in 

2. 

3. 

4. 

Article  24. 

The  Commission  shaI I  include 
in  the  guidelines  provisions 
ensuring  that  insofar  as 
requirements  concerning  safe 
manning  are  met  and  the 
necessary  automatation 
exists,  seafarers  with 
multiple  qualifications 
certificates  may  be  employed, 
provided  that  specific 
reference  is made  to  this 
fact  in the  minimum  manning 
cert ificate. 

Member  States  shall  issue 
minimum  manning  certificates 
in conformity  with  paragraphs 
1  and  2  and  shall  deliver 
them  to  the  persons 
requesting  the  registration 
of  a  vessel  in  EUROS. 
The  Member  State  shall 
specify  in  the  minimum 
manning  certificate  a 
language  or  languages  as  the 
language  or  languages of  the 
crew. 

At  the  request  of  the 
Community  vessel  owner 
concerned  or  seafarers 
employed  on  the  vessel  who 
consider  that  the  minimum 
manning  certificate  issued  by 
a  Member  State  is not  in 
conformity  with  the 
guidelines  laid  down  by  the 
Commission,  the  Commission 
wiI I carry  out  an 
investigation  and  will  take  a 
decision  after  consultation 
with  the  Member  State 
concerned.  The  Commission 
will  take  the  decision  within 
two  months  of  the  date  of 
request. 

5. 

The  decision  of  the 
Commission  shall  lay  down  the 
minimum  manning  scale  of  the 
vessel.  The  Member  State 
concerned  shall  issue 
immediately  a  new  certificate 
in conformity  with  the 
Commission  decision. 

6. 

The  national  authorities 
shall  monitor  compliance  with 

4 

the provisions or  the min 
manning  certificate and 
impose sanctions where 
appropriate. 

Article 7 - Nationality of crew 

Article  12 - Nationality of crew 

On vessels  registered  in EUROS all 
officers and  at  least  half of  the 
rest of  the crew shall  be nationals 
of a Member  State. 

Trainees do not  count  towards 
meeting  the requirements above 

On vessels registered  in 
EUROS all officers and at 
least  half of  the rest of the 
crew referred  to  in their 
minimum manning  certificates 
shall be nationals of a 
Member  State. 

Trainees do not  count  towards 
meeting  the requirements 
above. 

In particular, passenger 
vessels or  ferries  registered 
in EUROS which operate 
regular  lines for  passengers 
or vehicles between  the ports 
of  the same Member  State or 
between  (1) Mediterranean 
ports or  (2) North Sea and 
Baltic ports or  (3) European 
Atlantic ports or  operate 
cruises with embarkation and 
disembarkation at any of  the 
above ports, all  the officers 
and  the remaining crew 
referred  to  in the minimum 
manning  certificate of 
vessels shall  be nationals of 
the Member  States. 

Article  13 - AvallabiIity of 

seafarers 

1.  The Member  States shall 

provide  for monitoring on a 
permanent  basis of  the 
availability  of seafarers who 
are nationals of Member 
States  in their  ports, and 
make  the  information  so 
obtained  available to 
interested parties. 

Where  seafarers who are 
nationals of  the Member 
States are not  available for 
employment  in a vessel 
registered  in EUROS  that  lies 
in the port  of a Member 
State, under  the terms and 

conditions of  the collective 
wage agreements concluded 
with  their  representative 
organizations, the Member 
State may grant  permission  to 
the master of  the vessel  to 
sail  on  the  forthcoming 
voyage with  fewer  seafarers 
who are nationals of  the 
Member  States  than  those 
provided  in Article 12. 

Art icie 8 - Wages, working hours 

Article  14 - Wages, working hours 

and  further  labour 
condit ions 

and  further  labour 
condit ions 

1.  Labour  conditions and working 

hours of seafarers, who are 
not nationals of a Member 
State, on board  vessels 
registered  in EUROS, shall  be 
in accordance with  the  laws 
and  regulations of  the Member 
State  in whose national 
register  the vessel  is 
registered  and  the Community 
regulations  if any. 

Wages and any other 
remuneration of seafarers who 
are not nationals of a Member 
State on board  vessels 
registered  in EUROS shall  be 
at  least  in accordance with 
the  ILO Wages, Hours of Work 
and Manning  (Sea) 
Recommendation  (No.109), 
1958, subject  to any 
arrangement  on collective 
wages agreed upon with 
organizations as referred  to 
in Art icie 15. 

Wages, working  hours and  further 
labour  conditions of seafarers, who 
are not nationals of a Member 
State, on board  vessels  registered 
in EUROS, shall  be  in accordance 
with  the  ILO Wages, Hours of Work 
and Manning  (Sea) Recommendation 
(No. 109), 1958, subject  to any 
arrangement  on collective wages 
agreed upon with organizations as 
referred  to  in Article 9. 

Art icie 9 - Co I Iect i ve wage 

Art icie 15 - Co I Iect i ve wage 

agreements 

agreements 

1.  If Community  vessel  owners 
who have registered  the 
vessels which  they own or 
operate  in EUROS employ 
seafarers who are not 
nationals of a Member  State 
such seafarers may be employed 
only on the basis of  collective 
wage agreements concluded with 
trade unions or similar orga 
nizations of  the country where 
they are resident. 

1.  Seafarers who are not 

nationals of a Member  State 
may be employed only on the 
basis of collective wage 
agreements concluded with 
trade unions representing 
the above seafarers. 

A 

No  collective  wage  agreement 
may  be  concluded  with  a 
foreign  trade  union  or  similar 
organization  on  behalf  of 
nationals  of  a  third  country 
if  such  trade  union  or  orga 
nization  does  not  satisfy  the 
conditions  of  ILO  Convention 
No.  87  concerning  the  freedom 
of  association  and  protection 
of  the  right  to  organize. 

3. 

The  law of  the  Member  State  of 
registration  of  the  vessel  or, 
if explicitly  referred  to  in 
the  agreement,  any  other  Member 
State,  shall  apply  to  such 
collective  wage  agreements.  The 
courts  of  the  Member  State 
concerned  shall  be  competent  to 
hear  and  determine  disputes 
arising  out  of  such  agreements. 

No  collective  wage  agreement 
may  be  concluded  with  a  trade 
union  on  behalf  of  nations s s 
of  a  third  country  if  such 
union  does  not  satisfy  the 
conditions  of  ILO  Convention 
No.  87  concerning  the  freedom 
of  association  and  protection 
of  the  right  to  organize. 

The  law of  the Member  State 
of  registration  of  the  vessel 
or,  if explicitly  referred  to 
in  the  agreement,  any  other 
Member  State,  shall  apply  to 
such  collective  wage 
agreements.  The  courts  of  the 
Member  States,  shall  be 
competent  to  hear  and 
determine  disputes  arising 
out  of  such  agreements  and 
from  individual  labour 
contracts  drawn  up  in 
accordance  with  and  in 
implementation  of  such  a 
collective  wage  agreement. 

Collective  agreements  must 
not  contain  discriminatory 
rules,  based  on  sex. 

Article  10 -  Social  security 

Art icie  16 -  Social  security 

Without  prejudice  to  Article 
1 3 ( 2 ) ( C)  of  Council  Regulation 
(EEC) No.  1408/71  and  unless 
otherwise  mutually  agreed  at  the 
level  of  governments  or  social 
partners,  social  security  for 
seafarers  on  board  vessels 
registered  in  EUROS  shall  be  the 
responsibility  of  the  country 
in which  the  seafarer  is 
resident  unless  the 
legislation  of  that  country 
expressly  provides  otherwise,  in 
which  case  the  Member  State  of 
registration  shall  be  responsible 
but  in accordance  with  the 
legislation  of  the  country  of 
res idence. 

Without  prejudice  to  Article 
13  (2)  (c) of  Council  Regulation 
(EEC) No.  1408/71  and  in  the 
absence  of  a  contrary  agreement  at 
the  level  of  governments  or  social 
partners,  social  security  for 
seafarers  on  board  vessels 
registered  in EUROS  shall  be  the 
responsibility  of  the  country  in 
which  the  seafarer  has  his  usual 
residence  unless  the  legislation 
of  that  country  expressly  provides 
otherwise,  in which  case  the 
Member  State  in whose  national 
register  the  vessel  is  registered 
shall  be  responsible  but  in 
accordance  with  the  legislation 
generally  applicable  to  seafarers 
of  the  country  of  usual  residence. 

For  the  purpose  of  this  provision 
residence  means  residence  on  shore 

Unchanged 

n 

and  employment  on  board  a  vessel 
registered  in a Member  State  shall 
not,  of  itself,  be  considered  as 
being  residence  in  that  State. 

Article  11 

Article  17 

Articles  8,  9,  and  10  shall  apply 
subject  to  any  right  conferred  or 
obligations  imposed  by  any  other 
Community  legislative  act  except 
where  such  act  expressly  provides 
otherwise. 

Articles  14,  15  and  16  shall  apply 
subject  to  any  right  conferred  or 
obligations  imposed  by  any  other 
Community  legislative  act  except 
where  such  act  expressly  provides 
otherwise. 

SECTION  4:  Facilities  attached  to  registration  in  EUROS 

Article  12 -  Transfer  of  vessels 

Article  18 - Transfer  of  vessels 

Any  vessel  registered  in  EUROS  and 
having  valid  certificates  and 
classification  and  meeting  the 
essential  technical 
requirements  to  be  laid  down  by 
the  Council  according  to  the 
provisions  of  the  Treaty  before 
1  July  1991, may  be  transferred 
to  the  register  of  another  Member 
State  without  the  imposition  of 
additional  technical  requirements. 

Any  vessel  registered  in  EUROS  and 
having  valid  certificates  and 
classification  and  meeting 
the  essential  technical 
requirements  to  be  laid  down  by 
the  Council  according  to  the 
provisions  of  the  Treaty  before 
31  December  1991,  may  be 
transferred  to  the  register  of 
another  Member  State  without  the 
imposition  of  additional  technical 
requirements. 

Art icie  13 -  Recognition  of 
seafarers'  qualifications 

Article  19  -  Recognition  of 
seafarers'  qualifications 

The  qualifications  and  licences 
of  seafarers  who  are  nationals 
of  a Member  State  shall  be 
recognised  by  the  competent 
authorities  of  each  Member  State 
for  the  purposes  of  employment 
on  any  vessel  registered  in  EUROS, 
subject  to minimum  requirements 
for  professional  training  and 
experience  in  the  function 
concerned  as  required  in 
Directives  adopted  or  to  be 
adopted  by  the  Council, 
according  to  the  provisions 
of  the  Treaty,  before 
1  July  19S1. 

The  qualifications  and  licences  of 
seafarers  who  are  nationals  of  a 
Member  State  shall  be  recognised 
by  the  competent  authorities  of 
each  Member  State  for  the  purposes 
of  employment  on  any  vessel 
registered  in  EUROS,  subject  to 
minimum  requirements  for 
professional  training  and 
experience  in  the  function 
concerned  as  required  in 
Directives  adopted  or  to  be 
adopted  by  the  Council, 
according  to  the  provisions 
of  the  Treaty,  before 
31  December  1991. 

SECTION  5:  European  flag,  port  of  registration 

Article  14 -  European  Flag 

Article  20  -  European  Flag 

1.  Vessels  registered  in  EUROS 

1. 

Unchanged. 

are  entitled  and  obliged  to  fly 
the  European  flag  in  addition 
to  their  national  flag. 

2.  Upon  registration  a  certificate 

Unchanged 

conveying  the  right  to  fly  the 
European  flag  will  be  delivered 
by  the  Commission  to  the 
applicant  for  registration. 

Art icie  15  -  Port  of  registration 

Art icie  21  -  Port  of  registration 

A  vessel  registered  in EUROS  shall 
bear  a  relevant  identification  on 
its  stern  under  the  name  of  the 
port  of  registry  in  its  national 
register. 

A  vessel  registered  in  EUROS  shal 
bear  a  relevant  identification  on 
its  stern  under  the  name  of  the 
port  of  registry  in  its  national 
registrat ion. 

Article  22  -  Rights  in  rem 

Where  a  vessel  flies  the  European 
flag  this  shall  not: affect  the 
rights  in  rem  and  maritime  liens 
on  this  vessl  and/or  matters  of 
public,  administrative  or  crimina 
law which  shall  continue  to  be 
governed  by  the  laws  of  the 
national  flag  Member  State. 

Article  23  -  Calculation  of  the 

age  of  a  vessel 

For  the  purpose  of  this  Regulation 
the  age  of  a  vessel  shall  be 
calculated  from  the  first  of 
January  of  the  year  following  the 
year  in which  the  vessel  was 
delivered  by  the  shipyards  ready 
for  commercial  use. 

Art icie  16  -  Implementing  measures 

Art icie  24  -  Implementing  measures 

The  Commission  shall,  within  six 
months  after  the  adoption  of  this 
regulation,  adopt  the  necessary 
implementing  measures  concerning 
the  establishment  of  EUROS,  the 
procedures  for  registration  and 
deregistration,  the  form  and 
content  of  the  documents 
concerned,  including  the 
certificate  concerning  the 

The  Commission  shall,  within  six 
months  after  the  adoption  of  this 
regulation,  adopt  the  necessary 
implementing  measures  concerning 
the  establishment  and  functioning 
of  EUROS,  the  procedures  for 
registration  and  deregistration, 
the  system  for  monitoring 
compliance  with  the  provisions 
of  this  regulation  and  the 

ft 

right  to  fly  the  European  flag, 
the  form  of,  and  rules 
governing  the  flying  of,  the 
flag,  and  the  identification 
of  vessels  on  the  register. 

sanctions  in case  of  failure  to 
observe  them  and  lay  down  the 
form  and  content  of  the  documents 
concerned,  including  the 
certificate  concerning  the  right 
to  fly  the  European  flag,  the  form 
of,  and  rules  governing  the  flying 
of,  the  flag,  and  the  minimum 
manning  cert ificate. 

Art icie  17 -  Cooperation 

Article  25  -  Cooperation 

1.  National  authorities  and  the 
Commission  shall  assist  each 
other  in applying  this 
Regulation  and  in  checking 
compliance  therewith. 

Within  the  framework  of  this 
mutual  assistance  they  shall 
communicate  to  each  other  the 
necessary  information  with 
respect  to  registration  and 
deregistrat ion. 

Unchanged. 

Within  the  framework  of  this 
mutual  assistance  they  shall 
communicate  to  each  other  the 
necessary  information. 

Art icie  18 -  Transitional  period 

Art icie  26  - Transitional  period 

1.  Member  States  shall,  within  six  1. 
months  after  the  adoption  of  this 
Regulation  and  after  consultation 
with  the  Commission,  take  the 
necessary  measures  to: 

Member  States  shall,  within 
twelve  months  of  the  adoption 
this  Regulation  and  after 
consultation  with  the 
Comm i ss i on : 

organize  effective  controls 
to  ensure  compliance  with 
the  requirements  laid  down 
in Sections  2,  3  and  5; 

impose  sanctions  in case  of 
non-compliance  with  those 
requi rements; 

(a)  adopt  measures  to  protect  the 

European  flag  and  take  the 
necessary  measures  to  enable 
those  vessels  registered  in 
EUROS  to exercise  their  right 
to  fly  it; 

(b)  take  the  necessary  measures 
effectively  to  control 
compliance  with  the  relevant 
provisions  of  Sections  2,  3 
and  5 of  this  Regulation  and 
of  the  decisions  implementing 
these  provisions  which  shall 
be  issued  by  the  Commission 
and  to  introduce  the 
procedure  for  imposing 
sanct ions. 

enable  vessels  registered  in 
EUROS  to exercise  the  right  to 
fly  the  European  flag. 

2. 

Such  measures  shall  make  express 
reference  to  this  Regulation. 

Unchanged 

Member  States  shall  forthwith 
communicate  to  the  Commission 
the  measures  adopted. 

Unchanged. 

Art icie  27 -  Reports  and  review 

The  Commission  shall  make  an 
annual  report  to  the  European 
Parliament  and  Council,  beginning 
on  1 July  1993, on  the  number  of 
vessels  registered  in  EUROS  and 
the  composition  of  their  crews.  It 
shall  also  propose  to  the  Council 
any  amendments  to  this  Regulation 
which  may  be  required. 

Art icie  28 

By  31  December  1995  at  the  latest 
the  Council  shall  decide  on  a 
review  of  this  Regulation  on  the 
basis  of  a  proposal  from  the 
Commission  which  shall  be 
submitted  by  1 July  1995. 

Article  19 -  Entry  into  force 

Article  29  -  Entry  into  force 

This  Regulation  shall  enter  into 
force  on  1  January  1991. 

This  Regulation  shall  enter 
force  on  1 January  1992 

into 

This  Regulation  shall  be  binding 
in  its entirety  and  directly 
applicable  in all  Member  States. 

Unchanged 

21 

Amended  proposal  for a Council  Regulation 

on a common  definition of a Community  shipowner 

(Submitted  by  the Commission  pursuant  to Article  149(3) 

of  the EEC Treaty) 

INITIAL  PROPOSAL 

AMENDED  PROPOSAL 

THE COUNCIL OF THE  EUROPEAN 
COMMUNITIES, 

THE COUNCIL OF THE  EUROPEAN 
COMMUNITIES, 

Visas unchanged 

Having  regard  to the Treaty 
establishing  the European  Economic 
Community,  and  in particular 
Article 84(2) thereof, 

Having  regard  to the proposal  of 
the Commission, 

Having  regard  to the opinion of 
the European Parliament, 

Having  regard  to the opinion of 
the Economic  and Social  Committee, 

Whereas  the development  of  the single Unchanged, 
market  makes  it desirable  to affirm 
the  identity of  the Community  also 
in the field of sea  transport 
services; 

Unchanged. 

Unchanged. 

Whereas  to an  increasing  degree 
Community  legislation refers to 
Community  shipowners and  there 
should be a common  view on the 
identity of such a shipowner; 

Whereas  it  is desirable  to 
distinguish between  companies 
owned  by nationals of a third 
country or  the majority of whose 
board consists of nationals of 
such a country  and  those which are 
owned or managed  by  Community 
nationals,  taking  into account 
that  the former may  themselves 
have acquired  the same status as 
companies of  the Member  States by 
their establishment  in a Member 
State; 

21 

-  2 -

Whereas  such  a distinction  can be 
achieved  by defining  as Community 
shipowners  those  nationals of a 
Member  State who have  a  significant 
economic  link  with  a Member  State; 

Unchanged. 

HAS ADOPTED  THIS  REGULATION: 

HAD  ADOPTED  THIS  REGULATION: 

Article 1 

Unchanged 

Art icie 2 

Unchanged 

Art icie 3 

Unchanged 

Art icie 1 

This  Regulation  lays  down  criteria 
establishing  a common  definition of 
a Community  shipowner. 

Art icie 2 

Unless  otherwise  stated, all 
references  to "Community  shipowner", 
in regulations,  directives and 
decisions of the Council  are to be 
interpreted  in accordance  with 
Art icles 3 and 4. 

Art icie 3 

For  the purpose of  this  Regulation 
"a  shipowner"  means: 
a  natural  or  legal  person  providing 
a  liner  or  tramp  service  in the field 
of  maritime  transport  of passengers or 
goods  by one or more  sea-going  vessels 
which  he or  it owns or has chartered 
on  the basis of a bare-boat  charter, 
time  charter  or  voyage  charter. 

Art icie 4 

Art icie 4 

The  following  shipowners are 
regarded  as Community  shipowners 

The  following  shipowners are 
regarded  as  Community 
shipowners: 

1a  a national  of a Member  State, 
who  has his  domicile or usual 
residence  in a Member  State; 

1a a national  of a Member  State, 
who  has his domicile or  usual 
residence  in a Member  State; 

1b  a shipping  company  or  firm  which 
is formed  in accordance  with the 
law of a Member  State  and which 
complies  with  the following 
requirements: 

1b a company  or  firm  which  is 

formed  in accordance  with the 
law of a Member  State and 
which  complies  with the 
following  conditions: 

(i) the principal  place of 

(i) the principal  pi ace of 

business  is situated and 
the  effective  control 
exercised  in a Member  State 
and 

business  is situated and 
the effective  control 
e x e r c i r sd  hi  a Morzlzi. 
S t a te  and 

Î3 

-  3  -

(ii)the  executive  board  consists 
of  persons  the  majority  of 
whom  are  nationals  of  a 
Member  State  or  the  majority 
of  shares  are  owned  by 
nationals  of  a Member  State 
having  their  domicile  or 
usual  residence  in a  Member 
State; 

2a  a  national  of  a Member  State  who 

has  his  domicile  or  usual 
residence  outside  the  Community 
if  his  vessels  are  registered  in 
that  Member  State  in  accordance 
with  its  legislation; 

2b  a  shipping  company  or  firm 
established  outside  the 
Community  and  controlled  by 
nationals  of  a Member  State  if 
its  vessels  are  registered  in 
that  Member  State  in  accordance 
with  its  legislation. 

(ii)a  majority  of  the  members 
of  the  board  or  of  the 
directors  are  nationals 
of  Member  States 
having  their  domicile  or 
usual  residence  in  the 
Community  or 
in which  nationals  of 
Member  States  participate 
by  more  than  50  %  or  are 
company  shareholders 
controlling  more  than  50 î 
of  the  overall  company 
capital 

2a  a  national  of  a Member  State 
who  has  his  domicile  or  usua 
residence  outside  the 
Community  if  he  is  the  owner 
of  a  vessel  registered  in a 
Member  State  in  accordance 
with  its  legislation; 

2b  a  company  or  firm  formed  in 
accordance  with  the  law of  a 
third  country  in  which 
nationals  of  Member 
States  participate  by  more 
than  50  % or  are 
shareholders  controlling  more 
than  50 %  of  the  overalI 
company  capital  provided  that 
it  is  the  owner  of  a  vessel 
registered  in a Member  State 
in accordance  with  its 
legislat ion. 

Art icie  5 

Art icie  5 

This  Regulation  shall  enter  into 
force  on  1 January  1990. 

This  Regulation  shall  enter 
force  on  1 July  1991. 

into 

This  Regulation  shall  be  binding 
in  its entirety  and  directly 
applicable  in all  Member  States. 

Unchanged. 

24 

Amended  proposal  for  a Council  Regulation 

applying  the  principle  of  freedom  to  provide  service  to  maritime 
transport  within  Member  States 

(Submitted  by  the  Commission  pursuant  to Article  149(3) 

of  the  EEC  Treaty) 

INITIAL  PROPOSAL 

AMENDED  PROPOSAL 

THE  COUNCIL  OF  THE  EUROPEAN 
COMMUN ITI ES, 

THE  COUNCIL  OF  THE  EUROPEAN 
COMMUN ITI ES, 

Visas  unchanged 

Having  regard  to  the  Treaty 
establishing  the  European  Economic 
Community,  and  in  particular 
Article  84  (2)  thereof, 

Having  regard  to  the  proposal  of 
the  Commission, 

Having  regard  to  the  opinion  of 
the  European  Parliament, 

Having  regard  to  the  opinion  of 
the  economic  and  Social  Committee, 

Unchanged 

Unchanged 

Whereas  the  principle  of  freedom 
to  provide  services  does  not  yet 
apply  to maritime  transport  within 
the  Member  States; 

Whereas  it  is  important  to  adopt 
measures  with  the  aim  of  progressively 
establishing  the  internal  market  over 
a  period  expiring  on  31  December  1992; 
whereas; the  internal  market  shall 
comprise  an  area  without  internal 
frontiers  in which  the  free  movement 
of  goods,  persons,  services  and 
capital  is  ensured; 

25 

-  2  -

Whereas  in accordance  with  Article 
61  of  the  Treaty  freedom  to  provide 
services  in  the  field  of  maritime 
transport  is  to  be  governed  by  the 
provisions  of  the  Title  relating  to 
transport ; 

Whereas  the  creation  of  an 
internal  market  which  covers  an 
area  without  internal  frontiers 
will  have  to  take  into  account 
the  principles  of  the  Treaty 
with  regard  to  the  raising  of 
the  standard  of  living  including 
the  improvement  of  the 
employment  opportunities  for 
workers; 

Unchanged 

Whereas  the  abolition  of  restrictions 
on  the  provision  of  maritime 
transport  services  within  Member 
States  is necessary  for  the 
establishment  of  the  single  market; 

Unchanged 

Whereas  therefore  the  principle  of 
freedom  to  provide  services  should 
be  applied  to maritime  transport 
within  Member  States-, 

Whereas  this  freedom  should  be 
subject  to  conditions  in  respect 
of  the  vessels  used  to  provide  the 
services,  so  as  to ensure  a  degree 
of  approximation  of  operating 
conditions  among  the  persons  and 
companies  providing  such  services-, 

Unchanged 

Unchanged 

Whereas  the  introduction  of 
public  services  entailing 
certain  rights  and  obligations 
for  the  shipowners  concerned  may 
be  justified  in order  to  ensure 
regular  transport  services  on 
certain  links,  provided  that 
there  is no  distinction  on  the 
grounds  of  nationality  or 
residence; 

Whereas  such  conditions  are 
fulfilled  by  ships  registered  in  the 
Community  ship  register  established 
by  Council  Regulation  (EEC) No...  and 
used  in short-sea  trades; 

3 -

HAS ADOPTED THIS REGULATION: 

HAS ADOPTED THIS REGULATION: 

Art icie 1 

Article 1 

1.  Restrictions on  freedom  to 
provide maritime transport  services 
within Member  States shall  be 
abolished  in respect  of  Community 
shipowners who are established  in 
a Member  State of  the  Community 
other  than  that  of  the person for 
whom  the services are  intended when 
using  vessels  registered  in the 
Community  ship  register  and not 
exceeding 6000 grt. 

1. Restrictions on  freedom  to 
provide maritime  transport 
services within Member  States 
shall  be abolished  in respect 
of  the Community  shipowners 
referred  to  in Article  4 of 
Regulation No.  on a common 
definition of a Community 
shipowner where,  in providing 
these services, they  exclusively 
use vessels  registered  in the 
Community  ship  register  not 
exceeding  6000 grt, provided 
that  these vessels are allowed 
to operate  in services,  if any, 
within  the State where  they are 
registered. 

2.  The provisions of  this Regulation  Deleted 
shall  also apply  to nationals of the 
Member  States established  outside 
the Community  and  to shipping 
companies established outside the 
Community  and controlled by nationals 
of a Member  State,  if their  vessels are 
registered  in that Member  State  in 
accordance with  its  legislation and 
in the Community  ship  register  and not 
exceeding  6000 grt. 

3.  For  the purposes of  this 
Regulation, services shall  be 
considered  as  "maritime transport 
services" where  they are normally 
provided  for  remuneration and shal 
in part icuiar  include: 

Unchanged 

(a) the carriage of passengers or 
goods by sea between ports  in 
any one Member  State,  including 
overseas deparments of that 
State  (cabotage); 

(b) the carriage of passengers or 
goods by sea between any port 
in a Member  State and  instal 
lations or structures on the 
continental  shelf of that 
Member  State  (off-shore supply 
services). 

n 

u 

-  4  -

4.  The  Member  State  between  whose 
ports  the  maritime  transport  services 
are  provided  may  require  that  the 
vessels  used  for  these  services  are 
manned  with  nationals  of  the  Member 
States  to  the  same  degree  as  is 
required  in  respect  of  the  vessels 
flying  its own  flag  which  are  used 
for  these  services. 

4.  The  Member 
whose  ports t 
transport  ser 
provided  may 
vessels  used 
are  manned  wi 
the Member  St 
degree  as  is 
of  the  vessel 
flag  which  ar 
services  and 
have  similar 
required  of i 
employed  ther 

State  between 

he  mar i t ime 
vices  are 
require  that 
for  these  services 
th  nat ionals  of 
ates  to  the  same 
required  in  respect 
s  flying  its own 
e  used  for  these 
that  they  shalI 
training  to  that 
ts  nat ionals 
ein. 

Art icie  2 

Art icie  2 

Unchanged 

1.  Notwithstanding  Article  1(1) 
and  (2), a Member  State  may,  where 
necessary  in order  to  maintain 
sufficient  maritime  transport  services 
in  the  case  of  cabotage  between  the 
mainland  and  its  islands  and  between  its 
islands,  impose  public  service  obligations 
as  a condition  for  the  right  to  provide 
the  service. 

2.  For  the  purpose  of  this  Regulation  Unchanged 
the  law,  regulations  or  administrative 
conditions  imposed  by  Member  States 
aiming  to guarantee  the  continuity, 
regularity  and  efficiency  of  the 
services,  and  the  provision  of  goods 
of  fundamental  importance  for  the 
economic  we I I being  of  such  territories 
shall  be  considered  as  public  service 
obiigat ions. 

Article  3 

1.  In  the  event  of  severe  market 
disruption  or  serious  imbalances 
between  supply  and  demand  in a 
given  geographical  area,  the 
Commission  shall,  either  on  its 
own  initiative  or  at  the  request 
of  a Member  State,  adopt 
safeguard  measures  with  a  view 
to  appropriately  redressing  the 
situât ion. 

>t 

5 -

Where a Member  State puts a 
request  to the Commission, 
the decision shall  be adopted 
within thirty days of  receipt 
of  the request duly 
accompanied by the 
information considered 
relevant. 

Art icie 3 

Articles 55 to 58 and 62 of the 
Treaty shall  apply  to the matters 
covered by  this Regulation. 

Art icie 4 

Unchanged 

Art icie 4 

Article 5 

Unchanged 

Without prejudice to the provisions 
of the Treaty  relating to the right 
of establishment, a person providing 
a maritime transport service may, in 
order  to do so, temporarily pursue 
his activity  in the Member  State where 
the service  is provided, under  the same 
conditions as are  imposed by that State 
on  its own nationals. 

Art icie 5 

Member  States shall, before adopting 
laws, regulations or administrative 
provisions  in  implementation of 
Article 2 consult  the Commission. 
They shall  send  to the  latter any 
such measures so adopted. 

Art icie 6 

Unchanged 

Article 6 

This Regulation shall  be reviewed 
before 1 January 1993. 

Art icie 7 

Article 7 

Unchanged 

Article 8 

This Regulation shall enter  into 
force on 1 January  1991. 

This  Regulation shall  enter 
into force on 1 July 1991. 

This Regulation shall  be binding  in its entirety and directly 
applicable  in all Member  States. 

M 

ISSN 0254-1475 

COM (91) 54 final 

DOCUMENTS 

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ISBN 92-77-69508-0 

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