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C 213/16 EN Official Journal of the European Communities 9.7.

98

Proposal for a Council Regulation (EC) amending Council Regulation (EEC) No 3577/92
applying the principle of freedom to provide services to maritime transport within Member
States (maritime cabotage)

(98/C 213/09)

(Text with EEA relevance)

COM(1998) 251 final — 98/0158(SYN)

(Submitted by the Commission on 3 June 1998)

THE COUNCIL OF THE EUROPEAN UNION, Whereas the cargo-cabotage sector is closely interlinked
with the international market for maritime shipping;
whereas no compelling economic arguments have been
Having regard to the Treaty establishing the European found to justify a permanent departure from the usual
Community and in particular Article 84(2) thereof, flag-State conditions, except in the case of services of
merely local importance;
Having regard to the proposal from the Commission,
Whereas the promotion of employment within the
Community is one of the objectives of the Treaty;
Having regard to the opinion of the Economic and
Social Committee,
Whereas the particular characteristics of the sector for
regular passenger and ferry services would justify certain
Acting in accordance with the procedure laid down in special provisions to counteract any possible disruption
Article 189c of the Treaty in cooperation with the of competitive conditions through the use of
European Parliament, non-member-country crews paid at the wage-level of
their country of origin; whereas the same arguments are
applicable to the sector of scheduled cabotage-cruise
Whereas Council Regulation (EEC) No 3577/92Ø(Î) lays services;
down the principle that the implementation of the
freedom to provide services is not necessarily to be
applied in a uniform way for all services concerned, Whereas it is appropriate to require that non-member-
regard being had to the nature of certain specific country nationals employed within the abovementioned
services; sectors shall not be treated less favourably than
Community residents;

Whereas Article 3 of that Regulation, therefore, estab-


lishes different manning rules for mainland and island Whereas Regulation (EC) No 3577/92 should therefore
cabotage and imposes the obligation on the Commission be amended accordingly,
to submit a proposal to the Council, on the basis of a
report on the economic and social impact of the liberali-
sation of island cabotage, which may include adjustments HAS ADOPTED THIS REGULATION:
to the manning nationality provisions laid down in that
Article, so that the definitive system may be approved by
the Council before 1 January 1999; Article 1
Article 3 of Regulation (EEC) No 3577/92 is hereby
replaced by the following:
Whereas the abovementioned report was submitted by
the Commission to the Council on 17 June 1997;
whereas it follows from the research carried out that the ‘Article 3
present rule which provides, in respect of island
cabotage, that all matters related to manning are to be
the responsibility of the host State, constitutes an (1)ÚÙFor vessels carrying out cabotage services other
unnecessary hindrance to the proper functioning of the than those referred to in paragraph 2, all matters
single market; relating to manning shall be the responsibility of the
State in which the vessel is registered (flag State),
except for ships smaller than 650 gt, where the
conditions in force in the State in which the vessel is
(Î)ÙOJ L 364, 12.12.1992, p. 7. performing its services (host State) may be applied.
9.7.98 EN Official Journal of the European Communities C 213/17

(2)ÚÙFor vessels carrying out regular passenger and The host State shall apply its own terms and
ferry services, including mixed passenger/cargo conditions of employment to non-member-country
services and scheduled cruise services, the rules seafarers on board its national vessels carrying out
concerning the required proportion of Community such services.
nationals in the crew (namely all staff employed on
board) as in force in the host State shall apply. All (4)ÚÙMember States’ measures implementing the
other matters relating to manning shall be the provisions of this Article shall be notified to the
responsibility of the flag State. Commission in accordance with Article 9.’

Article 2

(3)ÚÙWhere host States allow non-member-country This Regulation shall enter into force on the 20th day
nationals to be employed on board ships carrying out following its publication in the Official Journal of the
cabotage services as referred to in paragraph 2, they European Communities.
shall require that those crew members shall be treated
in the terms and conditions of their employment as This Regulation shall be binding in its entirety and
residents of the Member State being the flag State. directly applicable in all Member States.

Proposal for a Council Directive on manning conditions for regular passenger and ferry services
operating between Member States

(98/C 213/10)

(Text with EEA relevance)

COM(1998) 251 final — 98/0159(SYN)

(Submitted by the Commission on 3 June 1998)

THE COUNCIL OF THE EUROPEAN UNION, countriesØ(Î) as amended by Regulation (EEC) No


3573/90Ø(Ï), has rendered all the Treaty rules governing
the freedom to provide services applicable to the sphere
Having regard to the Treaty establishing the European of maritime transport between Member States;
Community, and in particular Article 84(2) thereof,

Having regard to the proposal from the Commission, Whereas manning conditions for the provision of services
in regular passenger and ferry services between Member
States are normally the responsibility of the State of
Having regard to the opinion of the Economic and registration of the vessel (the flag State); whereas the
Social Committee, Rome Convention on the law applicable to contractual
obligationsØ(Ð) allows for other arrangements; whereas
Community interests and the interests of Member States
between whose territories such services are provided also
Acting in accordance with the procedure laid down in
have to be taken into account;
Article 189c of the Treaty, in cooperation with the
European Parliament,

Whereas Council Regulation (EEC) No 4055/86 of 22 (Î)ÙOJ L 378, 31.12.1986, p. 1.


December 1986 applying the principle of freedom to (Ï)ÙOJ L 353, 17.12.1990, p. 16.
provide services to maritime transport between Member (Ð)ÙOJ L 266, 9.10.1980, p. 1; consolidated version: OJ C 27,
States and between Member States and third 26.1.1998, p. 34.