91997E3440

WRITTEN QUESTION E-3440/97 by Nel van Dijk (V) to the Commission (31 October 1997)

Subject: Free movement of captains

Under Netherlands law, a ship sailing under the Netherlands flag must have a Netherlands captain. Can the Commission indicate in which other Member States such a provision exists?

Is this exception to the ban on discrimination in Article 6 justified by Article 48(4), Article 55 or any other article of the EC Treaty?

Is the Commission willing to take steps to bring about 'free movement of captains' in the European Union?

Answer given by Mr Kinnock on behalf of the Commission (16 December 1997)

The Commission has always recognised that on board ships flying the flag of a Member State, the functions of master and chief officer as deputy master require the exercise of public authority in the sense of Article 48(4) of the EC Treaty.

The responsibility of the master for the exercise of public authority on board ships is particularly related to the safety of the crew or passengers and their life, as well as protection of the marine environment. Member States can require that the posts of the ship's master and first officers are reserved to their own nationals and Article 48(3) of the EC Treaty specifies that freedom of movement for workers could be subject to limitation on grounds of public policy, public security or public health.

According to the Commission's information, Belgium, Danmark, Germany, Greece, Spain, France, Italy, Netherlands, Portugal, Finland and the United Kingdom (for certain vessels), have legislation requiring the master to be a national and Greece, Spain, France, Italy and Portugal also require the deputy master to be a national.

Given that current arrangements comply with Community law, the Commission will not be proposing change.