COMMISSION IMPLEMENTING DECISION (EU) 2022/1973

of 11 October 2022

on the recognition of the United Kingdom pursuant to Directive (EU) 2022/993 as regards the system for training and certification of seafarers

(notified under document C(2022) 7109)

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Directive (EU) 2022/993 of the European Parliament and of the Council of 8 June 2022 on the minimum level of training of seafarers (1), and in particular Article 20(3) thereof,

Whereas:

(1) In accordance with Article 20 of Directive (EU) 2022/993, Member States are allowed to recognise, by endorsement, seafarers’ appropriate certificates of competency or proficiency issued by third countries, provided that the third country concerned is recognised by the Commission. Those third countries are to meet all the requirements of the International Maritime Organisation Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978 (‘STCW Convention’).

(2) After the United Kingdom’s withdrawal from the Union, the recognition by a Member State of United Kingdom’s certificates issued to seafarers is subject to the conditions set out in Article 20 of Directive (EU) 2022/993.

(3) By letters of 1 January 2021, Denmark, Ireland, Malta and the Netherlands, by letter of 4 January 2021, Germany, by letter of 12 January 2021, Norway, and by letters of 19 January 2021, Bulgaria and Cyprus, requested the Commission to recognise the United Kingdom. By its Implementing Decision C(2021) 1553 of 26 March 2021 to initiate the assessment of the United Kingdom training and certification system for seafarers for the purposes of recognition in accordance with Directive 2008/106/EC of the European Parliament and of the Council (2), the Commission initiated the assessment of the training and certification system in the United Kingdom in order to verify that the United Kingdom meets all the requirements of the STCW Convention and that the appropriate measures have been taken to prevent fraud involving certificates.

(4) The assessment was based on the results of a fact finding inspection carried out by the European Maritime Safety Agency. Due to the COVID-19 pandemic, the inspection was initiated remotely between 1 and 11 June 2021 and was completed with the customary fieldwork on site conducted between 11 and 15 October 2021. It identified several areas that needed to be addressed by the United Kingdom’s authorities, including shortcomings related to the requirements for certification, the revalidation of certificates of competency and the training facilities. In January 2022, the United Kingdom’s authorities submitted a voluntary corrective action plan addressing the identified shortcomings.

(5) Based on the results of the inspection, on the voluntary corrective action plan submitted by the United Kingdom, and on all available information, the Commission has concluded that the United Kingdom’s authorities have taken measures to ensure the compliance of the United Kingdom’s system for training and certification of seafarers with the requirements of the STCW Convention. The Commission has also concluded that appropriate measures have been taken to prevent fraud involving certificates.

(6) Member States have been provided with a report on the results of the assessment.

(7) It is therefore appropriate to recognise the United Kingdom for the purposes of Article 20 of Directive (EU) 2022/993.

(8) The measure provided for in this Decision is in accordance with the opinion of the Committee on Safe Seas and the Prevention of Pollution from Ships,

HAS ADOPTED THIS DECISION:

Article 1 For the purposes of Article 20 of Directive (EU) 2022/993, the United Kingdom is recognised as regards the system for the training and certification of seafarers.

Article 2 This Decision is addressed to the Member States.

Done at Brussels, 11 October 2022. For the Commission Adina VĂLEAN Member of the Commission

(1) OJ L 169, 27.6.2022, p. 45.

(2) Directive 2008/106/EC of the European Parliament and of the Council of 19 November 2008 on the minimum level of training of seafarers (OJ L 323, 3.12.2008, p. 33).