Answer given by Mr Kallas on behalf of the Commission
1. The relevant international standards relating to the manning of vessels adopted under the auspices of International Maritime Organisation (IMO) and International Labour Organisation (ILO) have been incorporated into EC law. In addition, there are provisions in Directive 1999/63/EC(1) concerning the Agreement on the organisation of working time of seafarers concluded by the European Community Shipowners' Association (ECSA) and the Federation of Transport Workers' Unions in the European Union (FST) requiring the shipowner to provide the master with the necessary resources to comply with the legal obligations related to the seafarers' hours of work and rest, including the appropriate manning of the ship (Clause 12).
In terms of ship construction, all passenger ships which operate internationally are constructed in accordance with the safety rules adopted by the IMO under the Safety of Life at Sea Convention (SOLAS) Convention. In addition there is EU legislation regarding ship security set out in Regulation (EC) 725/2004(2).
The Commission is currently reviewing the existing EU legislative framework, which includes safety rules on the construction, outfitting and survey of domestic passenger ships(3).
2. On the issue of the general accommodation services personnel, the Commission would underline that for the purposes of Council Directive 1999/63/EC a seafarer is defined as ‘any person who is employed or engaged in any capacity on board a ship’.
More generally, under Directive 98/41/EC(4) the shipping company is required to keep a record of all those on board, while Directive 2010/65/EC(5) requires the notification by ships of passenger and crew lists to the port of arrival.
As regards salvage operations, this is for the shipowner to arrange in accordance with international rules on salvage.
Council Directive 1999/63/EC of 21 June 1999 concerning the Agreement on the organisation of working time of seafarers concluded by the European Community Shipowners' Association (ECSA) and the Federation of Transport Workers' Unions in the European Union (FST) — Annex: European Agreement on the organisation of working time of seafarers, OJ L 167, 2.7.1999, p. 33‑37.
Directive 98/41/EC on the registration of persons sailing on board passenger ships operating to or from ports of the Member States of the Community, OJ L 188, 2.7.98, p. 35.
Directive 2010/65 on reporting formalities for ships arriving in and/or departing from ports of the Member States and repealing Directive 2002/6/EC, OJ L 283, 29.10.2010, p. 1.