# EUR-Lex - 52013PC0595 - EN

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# 52013PC0595

**Proposal for a COUNCIL DECISION authorising Member States to sign and/or ratify, in the interest of the European Union, the International Convention on Standards of Training, Certification and Watch-keeping for Fishing Vessel Personnel, 1995, of the International Maritime Organisation /* COM/2013/0595 final - 2013/0285 (NLE) */**

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EXPLANATORY MEMORANDUM

1.           CONTEXT OF THE PROPOSAL

Grounds for and objectives of the
proposal

The International Convention on Standards
of Training, Certification and Watch-keeping for Fishing Vessel Personnel of
the International Maritime Organisation (hereinafter called the STCW-F
Convention), was adopted on 7 July 1995 at the International Conference held in
London from 26 June to 7 July 1995, with the participation of 74 governments
and amongst them 22 current European Union Member States.

A specific Convention intended for fishing
vessel personnel was required as the 1978 IMO International Convention on
Standards of Training, Certification and Watch-keeping for seafarers (STCW
Convention) excluded, inter-alia, the fishing vessel personnel from its scope.
The STCW Convention was the first internationally-agreed instrument to address
the issue of minimum standards of competence for seafarers. It has been
implemented by Dir.2008/106/EC, amended by Dir. 2012/35/EU.

The objective of the STCW-F Convention is
to ensure that personnel on board fishing vessels are qualified (as proven by
an official certificate) and fit for the job (following medical examination),
so that potential threats to safety of life and/or property at sea or to the
marine environment are minimised during operations on board sea-going vessels.
The Convention requires that personnel possess a minimum knowledge in specific
matters and have performed duties on board a vessel during a minimum period of
time.

An aim of the Convention is also to achieve
and maintain a level playing field in the fisheries sector by fostering
vocational education. Fishing vessel personnel's professional competences shall
be certified in accordance with the Convention.

The provisions are mandatory only for
vessels of 24 metres and over in length and of 750kw propulsion power or over
and concerns skippers, officers, engineer officers and radio operators.
Governments are however encouraged to establish training for deck-hands on
vessels of 24 metres and over in length, while basic safety training is
compulsory for all fishing vessel personnel.

Pursuant to the right of freedom of
movement of workers, in matters of professional qualifications, Dir.2005/36/EC
sets clear rules on mutual recognition between Member States under the
so-called "general system of recognition".

The Directive applies to EU nationals
wishing to pursue a profession in another Member State where this profession is
regulated. The general system of recognition requires a comparison of the
professional qualifications of the jobseeker, including relevant professional
experience, with the ones required in the host Member State. The comparison
shall be carried out within strict deadlines. Only in case of substantial
differences, may the host Member State impose compensatory measures, which can
take the form of an aptitude test or an adaption period.

The Directive applies to all regulated
professions except where, for a given profession and in accordance of the
principle of lex specialis, other specific rules directly related to the
recognition of professional qualifications are laid down by a separate piece of
legislation under EU law.

Professional activities related to the
STCW-F Convention are regulated in most of the Member States.

The STCW-F Convention does not lay down a
system of recognition of professional qualifications similar to the one
established by Dir.2005/36/EC. On the contrary, the STCW-F Convention does not
admit the use of certificates issued by States that are not party to the
Convention. However, Member States are under the obligation to comply with EU
law, namely to the provisions contained in Dir. 2005/36/EC.

In accordance with the AETR case law of the
Court of Justice on external competence, the Member States are not allowed to
ratify the STCW-F Convention without European Union authorisation as the
provisions concerning the recognition of regulated professions pursed by EU
nationals on board fishing vessels affect the exercise of the European Union's
exclusive competence in this area.

As regards those Member States that have
already ratified the Convention before the entry into force of the proposed
Decision, they are required to deposit with the IMO Secretary-General a statement
whereby they acknowledge that EU law shall prevail in case of conflict in
relations between Member States.

2.           CONSULTATION OF
INTERESTED PARTIES AND IMPACT ASSESSMENT

Consultation of interested parties

The Sectoral Social Dialogue Committee for Sea-Fishing
has encouraged the Commission to take initiatives aimed at the swift
implementation of the STCW-F Convention.

Promoting the ratification and enforcement
of other international standards as regards living and working conditions in
the fishing sector, such as the ILO (International Labour Organisation) Work in
fishing Convention (n°188) is in line with activities of the Sectoral Social Dialogue
Committee for Sea-Fishing and the European Commission. The objective of
Convention C n°188 is to ensure that fishers have decent working conditions.

The Commission is currently assessing the
request from the EU Social Partners in the sea-fisheries sector to implement
their Agreement of 8 May 2013 concerning the transposition of the provisions of
ILO C 188, pursuant to Article 155 TFEU.

Collection and use of expertise

There was no need for external expertise.

Impact Assessment

Not relevant.

Therefore, there is no need to consider
several options.

3.           LEGAL ELEMENTS OF THE
PROPOSAL

Summary of the proposed action

In view of the fact that competence for
recognition of professional qualifications lies with the European Union, Member
States cannot ratify the Convention without European Union authorisation. The
Commission proposes that the Council should authorise Member States to ratify
the STCW-F Convention in the interest of the European Union.

The authorisation to the Member States
shall be granted on condition that they formulate a reservation when depositing
their instrument of ratification to the effect that European Union law shall
continue to be applied in their mutual relations.

Those Member States that have already
ratified the Convention, shall submit a statement to the Secretary-General of
IMO whereby they state that Union law relating to recognition of professional
qualifications applies in relations between Member States.

The proposed Decision will therefore enable
and encourage Member States to take all the necessary steps for ratification
without further delay.

Legal basis

Article 43(2), 46, 53(1) and 62 in
conjunction with Article 218(6)(a)(v) TFEU.

Subsidiarity principle

The proposal falls under the exclusive
competence of the Union. Therefore the subsidiarity principle does not fully
apply.

Proportionality principle

The proposal complies with the
proportionality principle for the following reasons.

Not relevant.

Not relevant.

Choice of instruments

Proposed instrument: Council Decision

Other means would not be adequate.

4.           BUDGETARY IMPLICATION

The proposal has no implications for the
Community budget.

5.           ADDITIONAL INFORMATION

Detailed explanation of the proposal

Not relevant.

2013/0285 (NLE)

Proposal for a

COUNCIL DECISION

authorising Member States to sign and/or
ratify, in the interest of the European Union, the International Convention on
Standards of Training, Certification and Watch-keeping for Fishing Vessel
Personnel, 1995, of the International Maritime Organisation

(Text with EEA relevance)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the
Functioning of the European Union, and in particular Article 43(2), 46, 53(1)
and 62 in conjunction with Article 218(6)(a)(v) thereof,

Having regards to the proposal from the
European Commission,

Having regard to the consent of the
European Parliament,

Whereas:

(1)       The Convention of the
International Maritime Organisation on Standards of Training, Certification and
Watch-keeping for Fishing Vessel Personnel (hereinafter referred to as the
'IMO' and 'the Convention' respectively), was adopted on 7 July 1995 at the
International Conference convened by the IMO in London at which delegations of
22 attending Member States voted in favour of its adoption;

(2)       The Convention represents
a major contribution to the fishing sector at international level in promoting
safety of life and property at sea and the protection of the marine environment
and it is therefore desirable that its provisions should be implemented as soon
as possible;

(3)       Fishing at sea is one of
the most hazardous professions and thus appropriate training and qualifications
are an essential means by which to cut the number of accidents. A safer working
environment will make fishing vessel personnel jobs more attractive in the
interest of the European fishing industry, as pursued by the Common Fisheries
Policy. The Convention specifically aims at the protection of the marine
environment, which is an objective of the Common Fisheries Policy;

(4)       In the framework of
Fisheries Partnership Agreements with third countries, it is important that
crew on board vessels flying the flag of an EU Member State, possess
appropriate professional qualifications as proven by accepted certificates so
that recruitment under the conditions laid down in the Agreements is made
easier;

(5)       The European Parliament,
the Council and the Commission are promoting safety at sea and safety at work
as well as enhancement of the professional qualifications for workers on board
fishing vessels. The EU financially supports training in the fishing sector,
namely through the Fisheries Fund;

(6)       Some articles of the
Convention fall within the exclusive competence of the Union as regards the rules
of the Union on the recognition of professional qualifications held by certain
categories of fishing vessel personnel and affect the Treaty provisions and secondary
Union legislation, in particular Directive 2005/36/EC of 7 September 2005 on
the recognition of professional qualifications[1],
as in force;

(7)       The Union cannot ratify
the Convention as it is not party to the IMO and the Convention does not
contain a clause allowing a Regional Economic Integration Organisation that is
constituted by sovereign States and has competence over certain matters
governed by the Convention to be able to sign, accept, approve or accede to the
Convention;

(8)       Some Member States have
not yet signed the Convention while others have already ratified it and
deposited the instrument of ratification. It is in the interest of the
Common Fisheries Policy that those Member States that have not signed or
ratified the Convention yet do so speedily;

(9)       Under the conditions laid
down in this Decision, the Member States, which are bound by Union law rules on
the recognition of professional qualifications, shall therefore be authorised to
sign and ratify the Convention, as the case may be, in the interest of the Union.

HAS ADOPTED THIS DECISION

Article 1

The Member States are authorised to sign
and/or ratify the international Convention on Standards of Training,
Certification and Watch-keeping for Fishing Vessel Personnel, 1995, of the
International Maritime Organisation, adopted on 7 July 1995, for the parts
falling under the European Union's competence.

The authorisation referred to in paragraph
1 is conditional upon the deposit by the Member State at the moment of the
signature of the Convention and/or when depositing the instrument of
ratification with the IMO Secretary-General of the reservation that Union law
relating to recognition of professional qualifications applies in relations
between Member States.

Article 2

The Member States that have already
ratified the Convention prior to the entry into force of the present Decision,
without formulating a reservation, shall deposit a declaration whereby they
acknowledge that Union law relating to recognition of professional
qualifications applies in relations between the Member States.

Article 3

The Member States shall make efforts to take
the necessary steps to deposit their instrument of ratification of the
Convention with the Secretary-General of the International Maritime
Organisation as soon as possible, preferably before 31 December 2013. The
Council will review the progress of the ratification in January 2014.

Article 4

This Decision shall apply from the day of
its publication in the Official Journal of the European Union.

Article 5

This Decision is addressed to the Member
States.

Done at Brussels,

For
the Council

The
President

[1]               OJ L 255, 30.09.2005, p. 22.