CELEX: 51979PC0363
Language: en
Date: 1979-07-17
Title: AMENDMENTS TO THE PROPOSAL FOR A COUNCIL REGULATION ON THE HARMONIZATION OF CERTAIN SOCIAL PROVISIONS RELATING TO GOODS TRANSPORT BY INLAND WATERWAY

16.8.79                              Official Journal of the European Communities                                N o C 206/3
                                                              II
                                                      (Preparatory Acts)
                                               COMMISSION
              Amendments to the 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 July 1979 pursuant Article 149 (2) of
                                                       the EEC Treaty)
The recitals and Articles in the original Commission              2. The Articles
proposal (*) are amended according to the following
proposals, the new provisions being given in full:                   (a) Article 1 now reads as follows:
                                                                     'For the purposes of this Regulation,
                                                                     1. "spreadover" means the period between the termin-
1. The recitals.                                                         ation and the commencement of two consecutive
                                                                         daily rest periods or between the termination of a
                                                                         daily rest period and the commencement of a
   The fifth recital has been deleted.                                   directly-following periodic rest period or between
                                                                         the termination of such a rest period and the
                                                                         commencement of a directly-following daily rest
   The sixth recital now reads as follows:
                                                                         period; during this period the crew must, in
                                                                         accordance with the existing provisions, be present
                                                                         on board the vessel.
   'Whereas the Member States which are bound by
   the provisions of the international rules governing
   Rhine navigation must open negotiations with a                    2. U n c h a n g e d .
   view to eliminating the incompatibilities between
   these regulations and Community law.'                             3. "Mixed^duty day" means a day during which the
                                                                         crew carries out, either ship work, or work such
                                                                         as loading, unloading, maintenance or repairs
   A new recital is added after the sixth recital:                       and must remain on stand-by.
                                                                     4. "Crew member" means boatman, helmsman,
    'Whereas     Council   Directive      76/207/EEC      of             deckhand, ship's boy, engineer and deckhand/
    9 February 1976 on the implementation of the                         motorman.
   principle of equal treatment for men and women as
   regards access to employment, vocational training                 5. (a) "Daytime sailing" means sailing of a vessel
   and promotion, and working conditions (2) implies                          whose crew composition corresponds to the
   the absence of any discrimination based on sex,                            provisions of column A in the tables set out in
   whether direct or indirect, particularly by reference to                   the Annex to the Regulation;
   the matrimonial state or family position.'
                                                                         (b) "semi-continuous sailing" means sailing of a
                                                                              vessel whose crew composition corresponds to
o OJ No C 259, 12.11.1975, p. 2.                                              the provisions of column B in the Annex
C) OJ No L 39, 14.2.1976, p. 40.                                              tables set out in the Annex to the Regulation;
 ---pagebreak--- N o C 206/4                               Official Journal of the European Communities                             16. 8. 79
       (c) "continuous sailing" means sailing of a                   — modify the Agreement on conditions of work
             vessel whose crew composition corresponds to                of Rhine boatmen of 21 May 1954 to eliminate
             the provisions of column C in the tables set                from it all provisions which prove to be
             out in the Annex to the Regulation.                         incompatible with the provisions of this Regu-
                                                                         lation or any other provisions of Community law
   6. U n c h a n g e d .                                                or, if necessary, denounce the Agreement.'
   7. U n c h a n g e d .                                            (c) Article 4 is amended as follows:
   8. "Daily rest period" means:                                     'This regulation shall not apply to         the   crew
       — in daytime sailing any uninterrupted period                 members of the following vessels:
            of at least eight hours, in semi-continuous              — ferries,
            sailing any uninterrupted period of at least
            10 hours, and in continuous sailing any                  — pontoons and floating devices incorporating
            uninterrupted period of at least six hours                   mechanical apparatus but not used to transport
            during which crew members dispose freely                     goods,
            of their time and are free to move about
                                                                     — vessels of under 150 tonnes deadweight which
           within       the     limitations    imposed     by
                                                                         are not tugs or pushers or other vessels used as
            Community and national provisions in
                                                                         such,
            respect       of    crew     composition     and
            attendance.'                                             — 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
   (b) Article 2 now reads as follows:                                   thereon,
   '1.     This Regulation shall apply to crew members               — fishing vessels used for fishing,
   of vessels using the waterways of Member States,                  — vessels carrying suitable equipment and specially
   except passenger vessels and vessels referred to in                   designed for providing immediate assistance in
   Article 4.                                                            emergencies,
   2.     During a transitional period expiring on the               — official vessels of the inland waterway
   conclusion of the negotiations referred to in                         authority, the police force, the armed forces or
   paragraph 3, this Regulation shall not apply to                       the fire brigade, and all other public authority
   crews of vessels which:                                               vessels,
   — use waterways covered by the Regulation on                      — tugs and pushers used solely for assisting sea-
        Inspection of Shipping on the Rhine of 1 April                   going ships in ports,
        1976 and belong to undertakings which have
        their registered place of business on Swiss                  — vessels used for towing at sea, provided they
        territory,                                                       are not also used on inland waterways,
   — are covered by the Agreement concerning the                     — vessels used exclusively for local loading and
        working conditions of Rhine boatmen of                           unloading operations in private ports attached to
        21 May 1954 and belong to undertakings                           a particular company.'
        which have their registered place of business on
        Swiss territory.                                             (d) Article 5 is amended as follows:
   3.     Member States which are bound by the
                                                                     '1.    Crew members must meet the following
   provisions of the Regulations on navigation on the
                                                                     requirements:
   Rhine       mentioned     below shall forthwith start
   whatever negotiations are necessary by . . .
   (18 months from the adoption of the Regulation),                  (a) The boatman
   in order to:                                                           He must be at least 21 years of age. H e must
   — modify, within the framework of the Central                          have at least five years' experience as a member
        Commission for Navigation on the Rhine, the                       of a deck crew at sea or on inland waterways,
        Regulation on Inspection of Shipping and                          including at least three on inland waterways.
        Rafts on the Rhine of 1 April 1976, to                            The practical period of experience may be
        eliminate from it all provisions which prove                      reduced by two years, when it appears that the
        incompatible with the provisions of this Regu-                    person concerned has received full training as a
        lation or any other provisions of Community                       boatman. The minimum standard for this
        law,                                                              training shall be laid down by the Council,
 ---pagebreak--- 16. 8.79                          Official Journal of the European Communities                               N o C 206/5
         acting on a proposal from the Commission,               be called upon to perform duties outside his
         after the entry into force of this Regulation;          normal work.'
    (b) The helmsman
         He must be at least 19 years of age and have at         (f) Article 7 now reads as follows:
         least two years' experience as deckhand or              '1.     Tloe minimum requirements laid down in the
         deckhand/motorman on inland waterways;                 Annex, which shall form an integral part of this
                                                                 Regulation, shall apply to the composition of crews
                                                                for the various categories of vessel until adoption of
    (c) The deckhand
                                                                 the rules provided for in paragraph 2.
         He must be at least 17 years of age and have at
         least two years' experience as a member of a             The Commission may, at the request of a Member
         deck crew at sea or on inland waterways. The            State, authorize a derogation from the provisions of
        full period spent at an appropriate training             the Annex, under the conditions mentioned in the
         school may be counted as experience. A                  second subparagraph of paragraph 3.
         minimum standard for this training shall be laid
         down by the Council, acting on a proposal from          No derogations may be made in respect of navigation
         the Commission, after the entry into force of this      on the Rhine. For the purposes of this Regulation, by
         Regulation.                                              "navigation on the Rhine" is meant navigation on
                                                                 the Rhine and its tributaries from the German-Swiss
                                                                 border to the open sea, including the Grand Canal
   (d) The ship's boy
                                                                 dAlsace, the Pannerden Canal, the Neder Rijn, the
        He must be at least 15 years of age.                     Lek, the Waal, the Nerwede, the Noord, the Nieuwe
                                                                Maas, the Oude Maas, and the waters between the
                                                                 Nerwede and the ports on the Westerschelde.
   (e) The engineer
        He must have at least three years' experience as
        deckhand/motorman, and a basic knowledge                 2.     Not later than six years following the entry
        of engines. Engineer's training may be regarded          into force of this Regulation the Council shall, acting
        as equivalent to this three years' experience. The       on a proposal from the Commission, lay down
        minimum standard for this training shall be              comprehensive rules governing the composition of
        laid down by the Council, acting on a proposal           crews for the various categories of vessels on the
        from the Commission, after the entry into                various categories of inland waterway concerned.
        force of this Regulation.
   (f) The deckhand/motorman                                      3.    In preparing the rules provided for in
                                                                 paragraph 2, the Commission shall take as a basis the
         He must have a basic knowledge of engines                crew composition as laid down in the Annex to this
         and at least one year's experience as deckhand           Regulation, subject to such changes as may be
        on board sea or inland-waterway vessels                   necessary as a result of changes in the various cat-
        equipped      with     mechanical     means     of        egories of vessels and the particular navigation
        propulsion.                                               conditions for the individual         waterways. Such
                                                                  changes must in particular fulfil the following
                                                                  conditions:
   2.      The Commission may, at the request of a
                                                                  (a) they must respect the safety regulations for
   Member State and after consulting both sides of the
                                                                      movement on the waterways concerned and take
   industry, allow derogations from the provisions of
                                                                      account of the technical level of the equipment of
  paragraph 1 relating to minimum age and experience
                                                                      the vessel in question;
   requirements for boatmen and deckhands on certain
   waters, if the particular navigation conditions
   obtaining so justify.'                                         (b) they must enable the provisions of the present
                                                                      Regulation, and particularly, the provisions of
                                                                      Sections IV and V to be met;
   (e) Article 6 now reads as follows:
                                                                  (c) they must not give rise to social conditions
     'Where the safety of the crew, vessel or cargo is                inferior to the existing level in the Member State
     threatened any crew member may in case of danger                 or States concerned.
 ---pagebreak--- N o C 206/6                           Official Journal of the European Communities                                16. 8. 79
   4.      In preparing     the rules referred to in the         — connections with sea-going ships might he missed
   preceding paragraph the Commission shall consult                    without such an extension,
   with the Joint Advisory          Committee    on Social
    Questions arising in Inland Water Transport, with             — an extension might serve to avoid excessive risks
   the Member States and, where necessary, with any                    or damage when transporting         perishable    or
   body responsible for navigation on inland waterways                 dangerous substances.
   within the Community.
                                                                  Where in daytime sailing an extension of spreadover
   5.      After consultation with the two sides of the           is made, another member of crew besides the
    industry, the Member States may, in specific cases,           boatman must meet the requirements in respect of
   authorize a reduction in the number of crew where a            boatmen. In all cases compensation shall be granted
   vessel is fitted      with   new technical equipment          for the overtime worked, the nature and scope of this
   designed to take over specific functions of the pre-           compensation to be laid down by the individual
   scribed crew. Member States shall report to the                Member States in legal regulations or collective
    Commission      on measures taken pursuant to this            agreements.
   provision.'
                                                                  4.      In continuous sailing, the uninterrupted daily
   (g) Article 8 is deleted.                                      spreadover shall not exceed eight hours.'
    (h) Article 9 n o w reads as follows:
                                                                  (k) Article 11 n o w reads as follows:
   '1.      Unchanged
                                                                  'Continuous work at the helm shall not exceed six
    2.     By way of derogation from the preceding                hours duration. This period must be followed by a
   paragraph, where one or more members of the pre-               break of at least 30 minutes.'
    scribed crew is unable to work during a voyage
    because of exceptional and fortuitous circum-
    stances, such as illness, accident or official in-
    structions, then, in cases where speedy medical               (1) Article 12 is amended as follows:
    treatment is required for any such member of its crew
    or where there is a considerable danger to shipping, a
    vessel may nonetheless continue its voyage as far as           'The period for which a suitable, qualified crew
    the first place where it can tie up safely, or otherwise       member      steers a vessel     while   simultaneously
    as far as the first place where it can moor and wait           observing     the radar screen, when conditions        of
    in safety.'                                                    visibility are such that the vessel has to be steered
                                                                   exclusively on radar, shall not exceed:
                                                                   — seven hours per spreadover for daytime and
    (i) Article 10 n o w reads as follows:                              semi-continuous sailing,
    '1.     For daytime sailing the daily spreadover shall         — seven hours out of any 24-hour period for
    not exceed:                                                         continuous sailing.
    — 14 hours in the period from March to October
         inclusive,                                                Continuous observation of the radar screen shall
                                                                   not exceed t w o hours' duration and may only be
    — 12 hours in the period from November to                      resumed after an interval of at least 30 minutes.'
         February inclusive.
    2.      Unchanged
                                                                   (m) Article 13 is amended as follows:
    3.      The daily spreadover     mentioned    in section
    paragraph 1 and 2 may be extended by not more                  'Derogations from the provisions of Articles 10,
     than two hours in special circumstances. Such special          11, 12, 14 and 15 shall be permitted only in the
     circumstances are deemed to exist if:                         following cases:
                                                                   (a) u n c h a n g e d ;
    — such extensions are required when negotiating a
         lock in order to avoid unreasonable losses of             (b) in order to ensure the safety of the vessel, its
         time,                                                          crew or its cargo.'
 ---pagebreak--- 16. 8. 79                        Official Journal of the European Communities                                 N o C 206/7
   (n) Article 14 is worded as follows:                          (p) Article 18 is worded as follows:
   '1.      For daytime sailing, the daily rest period            Tor loading and unloading duties performed by
   shall not be less than:                                      crew members in a port or other stopping place,
                                                                local provisions on the duration of the spreadover
   — 10 consecutive hours per 24-hour period from               and rest period shall apply if they lay down
        March to October inclusive, at least six hours of       minimum or maximum standards which are more
        which must he taken between 6 p.m. and 8 a.m.           favourable to the crew members than those laid
   — 12 consecutive hours per 24-hour period from               down in Sections IV and V.'
        November to February inclusive, at least eight
        hours of which must be taken between 6 p.m. and
        8 a.m.;
   If the maximum        duration of the spreadover      is
   extended in accordance with Article 10 (3), the              (q) Article 19 is amended as follows:
    minimum duration       of the rest period must be
    correspondingly shortened.                                  '1.      Unchanged
   2.      For semi-continuous sailing, the daily rest          2.      Self-employed boatmen must take 78 rest
   period shall not be less than:                               days per year, at least 40 of which are to be taken in
                                                                 the first six months of the year.'
   — 12 consecutive hours per 24-hour period, at least
        six hours of which must be taken between 7 p.m.
        and 7 a.m. If the maximum duration of the
        spreadover is extended in accordance with Article
         10 (J), the minimum duration of the rest period
        must be correspondingly shortened.                       (r) Article 20 n o w reads as follows:
   3.      For continuous sailing, the daily rest period         '1.     Each Member State may, by way of derogation
   shall not be less than:                                      from the provisions of this Regulation, apply more
   — 12 hours per 24 hour period, at least six hours of          stringent minimum       requirements    than those laid
        which must be consecutive.                               down in Articles 5, 6, 7, g, 9, 14, 15, 16, 18 and 19
                                                                 or lower maxima than those laid down in Articles
                                                                 10, 11, 12 and 13 in respect of crew members of
   4.      During the daily rest period, crew members
                                                                vessels registered in its territory for that part of a
   may dispose freely of their time provided that their
                                                                journey       involving    an   international     transport
   presence on board is not required under safety
                                                                 operation effected within its territory or for such a
    regulations issued by the police or other competent
                                                                journey involving a domestic transport operation.
   authority in this respect.'
                                                                 Each Member State may also require that, in inter-
                                                                 national shipping operations, the crew members of
                                                                 the aforementioned vessels comply with these dero-
    (o) Article 16 is worded as follows:
                                                                 gating rules for the duration of the entire journey.
    '1.     Any crew member engaged in daytime
    sailing shall be entitled to at least 78 periodic rest       2.      The abovementioned derogating provisions may
    days a year in lieu of weekly rest days. It must be          also be applied to the crews of vessels registered in
    possible for him to spend at least 39 of these days          another Member State or in a third country provided
    at home; at least 10 periodic rest days shall be              that such vessels are engaged in internal transport
    Sundays. The time spent waiting for cargo may be              operations in the Member State concerned.
    counted as periodic rest days, provided      that the
    members of the crew are told by the employer                  However, any derogating provisions adopted by the
                                                                 Member States concerned for their territory pursuant
    beforehand and can spend such time as they wish.
                                                                  to the second subparagraph of Article 7 (1) shall
                                                                  apply in respect of the composition of crews.
    2.     Unchanged
    3.     For daytime and semi-continuous sailing, any           3.     Every two years, the Commission shall present
    periodic rest period must begin not later than                a report to the Council, the European Parliament
    8 p.m. It shall be calculated in complete periods of          and the Economic          and Social     Commitee      on
    24 hours, the first of which shall begin after a rest         developments concerning the matters governed by this
    period of 12 hours following the last working day.'          Article.'
 ---pagebreak--- N o C 206/8                           Official Journal of the European Communities                                16. 8. 79
   (s) Article 21 now reads as follows:                              (v) Article 24 is completed by the following new
                                                                         paragraph 4:
    'In order to monitor observance of the prescribed
   provisions in the Member States, the Commission                 '4.      The Commission shall, as soon as possible, lay
   shall\ at the appropriate time, lay down in a general           down by Regulation common penalties to be applied
    Regulation:                                                    by Member States for contraventions of this Regu-
                                                                   lation. '
    (a) a model for a logbook;
    (b) a model for an individual record book, toge-               (w) Article 25 is reworded as follows:
         ther with the requisite rules for their use.'
                                                                    'The Commission shall, as soon as possible, and at
                                                                   the latest five years after the entry into force of this
    (t) Article 22 is worded as follows:                           Regulation, forward a proposal for a Regulation to
                                                                   the Council      on the harmonization         of social
    'Each Member State shall designate the authorities             provisions relating to passenger transport by inland
   which, in agreement with the two sides of the indu-             waterway.'
    stry, shall be responsible for ensuring the implemen-
    tation of the provisions concerning crew composi-
    tion contained in the Annex to this Regulation.'                 (x) The present Article 25 becomes Article 26 and
                                                                         is amended as follows:
                                                                   'Article, 2 (3), Article 5 (1) (a) and (e) subpara-
                                                                   graphs 2 and 3 of Article 7 (1), and Articles 21 and
   (u) Article 23 is amended as follows:                            24 shall apply from the entry into force of this
                                                                   Regulation. T h e other provisions of this Regu-
   '1.     The Commission shall, every two years,                  lation shall become applicable as from . . .
   forward to the Council, the European Parliament                  (18 months after the entry into force of the present
   and the Economic and Social Committee a general                 Regulation).'
   report on the implementation of this Regulation by
   the Member States.'
                                                                This Regulation shall be binding in its entirety and
   2.      Unchanged                                            directly applicable in all Member States.
                Annex
                The existing Annex on the composition of crews has been modified in respect of
                technical matters to bring it into line with the latest version of the Regulation on the
                inspection of shipping on the Rhine contained in the Decision of the Central
                Commission for Navigation on the Rhine N o 1975-1-23 of 1 April 1976. T h e existing
                Annex is therefore entirely replaced by the new version, which, in accordance with the
                scope of application set out in the present Regulation, corresponds to the crew
                composition provisions of the new Regulation on Inspection of Shipping on the Rhine.
 ---pagebreak--- 16. 8 . 7 9                       Official Journal of the European Communities                                  No C 206/9
                                                          ANNEX
                                                 COMPOSITION OF CREWS
                                                      DEFINITIONS
            The composition of crews on board vessels engaged in the carriage of goods is laid down below
            for the following three modes of operation:
            — daytime sailing (maximum 14/16 hours), referred to under (A) in the tables below,
            — semi-continuous sailing (maximum 18/20 hours), referred to under (B) in the tables below,
            — continuous sailing (maximum 24 hours), referred to under (C) in the tables below.
            COMPOSITION OF CREWS O N BOARD DUMB BARGES, SELF-PROPELLED BARGES,
                                                 TUGS AND PUSHER CRAFT
              I. Dumb barges
                 1.    When, in the case of a dumb barge, the following conditions are fulfilled:
                 (a) the rudder can be moved without undue effort by one person even at the maximum
                     authorized draught;
                 (b) dumb barges which are longer than 35 m from wheelhouse to bows are equipped
                     with a two-way intercommunication system between the wheelhouse and bows;
                 (c) the bilge pumps and deck-washing pumps in dumb barges of more than 350 dwt are
                     motorized;
                 (d) the bow anchor winch in dumb barges of more than 350 dwt and the stern anchor
                     winch in dumb barges of more than 750 dwt are motorized;
                 (e) dumb barges of more than 1000 dwt are equipped with hatch covers which can be
                     slid or turned back, unless equivalent devices such as sliding hatch covers are installed;
                 the composition of the crew shall be as follows:
                    Group       Deadweight tonnage               Crew                   A        B        c
                      1       150 to 750 tonnes        boatmen                          1        2         2
                              inclusive
                                                       deckhands                        1        1         2
                                                       ship's boys
                      2      over 750 but not          boatmen                          1        2         2
                             exceeding 1 400
                             tonnes                    deckhands                        1        1         2
                                                       ship's boys                      1        1         1
                       3     over 1400 but not         boatmen                          1        2         2
                             exceeding 2 500
                             tonnes                    deckhands                       2         2        3
                                                       ship's boys
                      4       over 2 500 tonnes        boatmen                          1        2        2
                                                       deckhands                        2       2         3
                                                       ship's boys                      1        1         1
 ---pagebreak---   N o C 206/10                           Official Journal of the European Communities                              16. 8. 79
                    2.      Where one or more of the conditions set out in paragraph 1 are not fulfilled, the crew
                    prescribed under this heading 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 can be moved without undue effort by one person, even at maximum
                         authorized draught;
                    (b) the emission of acoustic and visual signals can be effected from the wheelhouse when
                         the vessel is under way;
                   (c) self-propelled barges which are longer than 35 m from wheelhouse to bows are equipped
                         with a two-way intercommunication system between the wheelhouse and bows;
                   (d) the propulsion machinery is such that changes in speed and direction can be effected,
                         and, in the case of vessels equipped with reversible engines, the propulsion motors
                         can be started, from the wheelhouse;
                   (e) warning devices installed in the wheelhouse for the monitoring of the propulsion
                         machinery are actuated at critical levels of:
                         — the temperature of the colling water and pressure of the lubricating oil in the main
                             engines and transmission system,
                         — the oil and air pressure in the reversing device for the propulsion motor and
                             propeller;
                     (f) the warning devices referred to in (e) may be acoustic or visual.
                         They must be so designed as to function while the propulsion machinery is running
                         and attract the helmsman's attention under any circumstances;
                   (g) the machinery is so adjusted that routine maintenance work during navigation can be
                         interrupted at any time;
                   (h) the bilge pumps and the deckwashing pumps in self-propelled barges of more than 350
                         dwt are motorized;
                     (i) the bow anchor winch in self-propelled barges of more than 350 dwt and the stern
                         anchor winch in self-propelled barges more than 86 m long are motorized;
                   (k) the towrope winches of self-propelled barges in Groups 2, 3 and 4 are motorized and
                         can be operated by one person;
                    (1) self-propelled barges of more than 1000 dwt are equipped with hatch covers which can
                         be slid or turned back, unless equivalent devices such as sliding hatch covers are
                         installed;
                   the composition of the crew shall be as follows:
                       Group        Deadweight tonnage                Crew                   A        B         c
                          1      150 to 500 tonnes          boatmen                          1        2          2
                                 inclusive
                                                            helmsmen
                                                            deckhands                        1        1          2
                                                            ship's boys                     -         -          -
                         2       over 500 but not           boatmen                         1         2          2
                                 exceeding 1 000
                                 tonnes                     helmsmen
                                                            deckhands                       1         1          3
                                                            ship's boys                     1         1          -
 ---pagebreak--- 16. 8. 79                          Official Journal of the European Communities                              N o C 206/11
                 Group       Dead wight tonnage                Crew                   A       B       c
                   3       over 1000 but not         boatmen                          1       2       2
                           exceeding 1 600
                           tonnes                    helmsmen                         1       1        1
                                                     deckhands                        1       1       2
                                                     ship's boys                      -       -        1
                   4       over 1 600 tonnes         boatmen                          1       2        2
                                                     helmsmen                         1       1        1
                                                     deckhands                        1       2        3
                                                     ship's boys                      1        1       -
              2.     On board Self-propelled vessels equipped with engines developing more than 800 metric
              horsepower, the deckhand must be replaced by a deckhand/motorman.
              3.     On board self-propelled 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 under this heading 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.     Where a self-propelled barge is required to tow more than one vessel, its statutory
              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.
              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 statutory crew shall not be increased.                         j
              6.     When a self-propelled barge is required to push a vessel in line ahead, its statutory
              crew shall be increased by one deckhand for all groups and for all modes of operation.
              The same shall apply when the vessel is coupled alongside the self-propelled barge.
              Where the self-propelled 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, including performance in adverse conditions (rain, freezing temperatures,
              etc.), they shall supplement these crews as required.
          HI. Tugs
              1.     When, in the case of a tug, the following conditions are fulfilled:
              (a) the rudder can be moved without undue effort by one person;
              (b) the propulsion machinery is such that changes in speed and direction can be effected,
                   and, in the case of vessels equipped with reversible motors, the propulsion motors
                   can be stopped and started, from the wheelhouse;
 ---pagebreak--- N o C 206/12                       Official Journal of the European Communities                                              16. 8. 79
             (c) warning devices installed in the wheelhouse for the monitoring of the propulsion
                  machinery are actuated at critical levels of:
                  — the temperature of the cooling water and pressure of the lubricating oil in the main
                      engines and transmission system,
                  — the oil and air pressure in the reversing device for the propulsion motor or
                      propeller;
             (d) the warning devices referred to in (c) may be acoustic or visual. They must be so
                  designed that they function while the engines are running and/can attract the boatman's
                  attention under any circumstances;
             (e) the anchor winches of tugs of more than 250 metric horsepower are motorized;
             (f) the towrope winches are motorized and can be operated by one person;
             The composition of the crew shall be as follows:
               Groups          Metric horsepower                       Crew                        A           B          c
                  1       up to and including            boatmen                                    1          2          2
                          250
                                                         helmsmen                                  -           -          -
                                                         deckhands                                 -           -          1
                                                         ship's boys                               -           -          -
                                                         engineers                                 -           -          -
                                                         deckhands/motormen                        1           1          1
                  2       over 250 but not               boatmen                                   1          2           2
                          exceeding 500
                                                         helmsmen                                 -           -           -
                                                         deckhands                                -           -           1
                                                                                                     1
                                                         ship's boys                            M)          1 (*)       i n
                                                         engineers                                -           -           -
                                                         deckhands/motormen                       l            1          i
                  3       over 500 but not               boatmen                                    l          2          2
                          exceeding 750
                                                         helmsmen                                  -           —          -
                                                         deckhands                                  l          1          1
                                                         ship's boys                               -           1          1
                                                         engineers                                 -           -          -
                                                         deckhands/motormen                        1           1          2
                  4       over 750 but not               boatmen                                   l           2          2
                          exceeding 1 000
                                                         helmsmen                                 -            -          -
                                                         deckhands                                 l            1         2
                                                         ship's boys                               l           -          1
                                                         engineers                                 1            1          1
                                                         deckhands/motormen                       -             1          1
              (') Where only one towrope is used or where there is only one length of tow, no ship's boy shall be required.
 ---pagebreak--- 16. 8. 79                         Official Journal of the European Communities                            N o C 206/13
             Groups         Metric horsepower                     Crew            A         B        c
                5        over 1 000 but not           boatmen                     1        2         2
                         exceeding 2 000
                                                      helmsmen                    1         1        1
                                                      deckhands                   1         1       2
                                                      ship's boys                 1        -         1
                                                      engineers                   1         1        1
                                                      deckhands/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
                                                      deckhands/motormen          -         1        1
          2.      Where one or more of the conditions set out in paragraph 1 are not fulfilled, the crew
          prescribed under this heading shall be increased by one deckhand/motorman.
          3.      In the case of tugs which provide solely a port and roadstead service, the competent
          authorities of each Member State may allow derogations from the composition of the crew
          prescribed in paragraph 1.
          4.      When a tug complying with the provisions of points (a), (b), (c) and (d) of paragraph 1
          and equipped with motor anchor winches pushes one or two lighters, the composition of
          the crew shall be as follows:
                                               Number of
           Groups       Metric horsepower     pushed craft              Crew          A       B        C
               1      up to and                 1 or 2        boatmen                 1       2        2
                      including 500
                                                              helmsmen
                                                              deckhands               2       2        3
                                                              ship's boys             -       -        -
                                                              engineers               -       -        -
                                                              deckhands/motormen      1       1        2
              2       over 500 but              1 or 2        boatmen                 1       2        2
                      not exceeding 750
                                                              helmsmen                1       1        1
                                                              deckhands               2       2        3
                                                              ship's boys             -       -        -
                                                              engineers               -       -        -
                                                              deckhands/motormen      1       1        2
              3       over 750 but              1 or 2        boatmen                 1       2        2
                      not exceeding
                      1 000                                   helmsmen                1        1       1
                                                              deckhands               3       2        4
                                                              ship's boys             -       -        -
                                                              engineers                1       1        1
                                                              deckhands/motormen      -        1        1
 ---pagebreak--- No C 206/14                        Official Journal of the European Communities                             16. 8. 79
                                               Number of
                 Groups   Metric horsepower   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
                                                              deckhands/motormen          -        1    1
               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 in the
               foregoing table are not adequate for the proper performance of these operations including
               performance in adverse conditions (rain, freezing temperatures, etc.); they shall supplement
               these crews as required.
               In particular cases the competent authorities of the Member States may allow derogations
               from the abovementioned provisions. These derogations correspond with the recommenda-
               tions established by common agreement of the competent authorities of the Rhine
               riparian States and Belgium.
           IV. Pusher craft
               1.    When, in the case of a pusher vessel, the following conditions are fulfilled:
               (a) the propulsion machinery is such that changes in speed and direction can be effected,
                    and, in the case of vessels equipped with reversible motors, the propulsion motors
                    can be stopped and started, from the wheelhouse;
               (b) warning devices installed in the wheelhouse for the monitoring of the propulsion
                    machinery are actuated at critical levels of:
                   — the temperature of the cooling water and the pressure of the lubricating oil in the
                        main engines and transmission system,
                   — the oil and air pressure in the reversing device for the propulsion motors or screw;
               (c) the warning devices referred to in (b) may be acoustic or visual. They must be so
                   designed that they function while the propulsion machinery is running and can attract
                   the attention of the boatman under any circumstances;
               the composition of the crew shall be as follows:
                                                Number of
                 Groups   Metric horsepower    pushed craft             Crew              A        B    c
                   1     up to 500            0 or 1 or 2     boatmen                      1       2    2
                                                              helmsmen
                                                              deckhands                    1        1   2
                                                              ship's boys                  -       -    -
                                                              engineers
                                                              deckhands/motormen           1        1   2
                                              3 or more       boatmen                      1       2    2
                                                              helmsmen
                                                              deckhands                   2        2    3
                                                              ship's boys                  -       -    -
                                                              engineers
                                                              deckhands/motormen            1       1   2
 ---pagebreak--- 16. 8. 79                  Official Journal of the European Communities                   N o C 206/15
                                        Number of
          Groups  Metric horsepower    pushed craft            Crew     A     B     c
            2    over 500 but not     0 or 1 or 2   boatmen             1     2     2
                 exceeding 750
                                                    helmsmen            1     1     1
                                                    deckhands           1     1     2
                                                    ship's boys         -     -     -
                                                    engineers           -     -     -
                                                    deckhands/moltormen 1     1     2
                                      3 or more     boatmen              1    2     2
                                                    helmsmen             1    1     1
                                                    deckhands           2     2     3
                                                    ship's boys         -     -     -
                                                    engineers           -     -     -
                                                    deckhands/motormen   1     1    2
            3    over 750 but not     0 or 1 or 2   boatmen               1    2     2
                 exceeding 1 000                    helmsmen             1     1     1
                                                    deckhands            2     1     2
                                                    ship's boys          -     -     -
                                                    engineers             1    1     1
                                                    deckhands/motormen   -      1     1
                                       3 or more    boatmen               1    2     2
                                                    helmsmen              1     1     1
                                                    deckhands             3    2     3
                                                    ship's boys           -    -      -
                                                    engineers             1     1     1
                                                     deckhands/motormen   -     1     1
             4   over 1 000            0 or 1 or 2   boatmen               1    2     2
                                                     helmsmen              1    1      1
                                                     deckhands            2     1     2
                                                     ship's boys          -     -     -
                                                     engineers             1    1      1
                                                     deckhands/motormen    -     1     1
                                        3 or more    boatmen                1   2      2
                                                     helmsmen               1    1      1
                                                     deckhands             3    2      3
                                                     ship's boys           -     -     -
                                                     engineers              1    1      1
                                                     deckhands/motormen     -     1     1
 ---pagebreak--- No C 206/16                         Official Journal of the European Communities                               16. 8. 79
                2. /« particular cases the competent authorities of the Member States may allow derogations
                 from the abovementioned provisions. These derogations correspond with the recommen-
                dations established by common agreement of the competent authorities of the Rhine
                riparian States and Belgium.
                3.     The crew composition prescribed for a pusher vessel pushing no more than one
                lighter in line shall also apply to a pusher vessel coupled to a lighter alongside, provided
                that such a formation is permitted under the traffic safety regulations of the Member
                 States and that are the following conditions are fulfilled:
                (a) the couplings conform to the traffic safety regulations of the Member States relating
                     to the coupling of trains of pushed vessels;
                (b) the changeover from alongside to single-line formation and vice versa can be effected
                     without difficulty.
                If all the conditions laid down above are not fulfilled, the lighter must have the same crew
                as that stipulated for a dumb barge of the same tonnage.
               4.      When a pusher vessel is authorized to push alongside one or more unconverted dumb
                barges of the train of vessels pushed, the crews of this vessel shall be those laid down
                in paragraph 1, the dumb barges being treated as lighters. The crews of each dumb
               barge must be increased by one deckhand with a shipping certificate for the A mode of
               operation and by two deckhands with shipping certificates for the other modes of
               operation. When the vessels are under way, at least one of these deckhands must be on
                duty on board each dumb barge.
            V. Additional provisions
                1. Where the number of helmsmen, deckhands and deckhands/motormen in the crew is
               two or more, one 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/m otorman
               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 virtue of its dimensions, construction, installations or functions, a vessel does
               not correspond to one of the types referred to under sections I, II, III and IV, and if it can
               reasonably be assumed that the crew resulting from application of the provisions of those
               sections would be inadequate to ensure safe navigation of the vessel, the competent authorities
               of each Member State shall specify a larger crew than that provided for under those
               sections.
               For each vessel afloat, provided that it is not excluded under Article 4 of the Regulation,
               and for steam tugs, the competent authorities of the Member States shall determine,
               according to the dimensions, construction, installations and functions of the craft, the
               composition of 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 by one ship's boy, if the latter is attending a vocational
               training school for barge operators 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 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
               three 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 be issued
               only 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.