Brendan Howlin (Wexford, Labour)
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Question 104: To ask the Minister for Communications, Marine and Natural Resources his views on the European Commission's proposal for an EC directive on manning conditions for regular passenger and ferry services operating between member states — Com(1998)251 final of 29 April 1998 and amended proposal Com(2000)437 final of 13 July 2000, and its position on Article 2.2 of the proposal. [27861/05]

Pat Gallagher (Donegal South West, Fianna Fail)
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There is no EU directive on the manning of regular passenger and ferry services operating in and between member states, in force or being considered at present by member states. If the Commission were to initiate such a proposal, I would, of course, give it very careful consideration.

In 1998, there was an EU Commission proposal: Commission communication on a common policy on manning of regular passenger and ferry services operating in and between member states, COM/98/0251.

A key provision of the Commission's draft directive was its Article 2.2 which states "If the vessel used is not registered in a Member State, the terms and conditions referred to shall be those applicable to the residents of one of the Member States between whose ports the service is provided and with which the service has the closest connection. The closest connection shall be determined on the basis of the place from which the service is effectively managed." The European Parliament approved the proposal in March 1999. The Commission issued a revised proposal in 2000, COM/2000/0437. However, no final agreement was reached in the Council of Ministers on the matter and the Commission formally withdrew the proposal in August 2004.