CELEX: 51975PC0465
Language: en
Date: 1975-09-10
Title: PROPOSAL FOR A COUNCIL REGULATION ON THE HARMONISATION OF CERTAIN SOCIAL PROVISIONS RELATING TO GOODS TRANSPORT BY INLAND WATERWAY

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