COMMISSION OF THE EUROPEAN COMMUNITIES 
Brussels, 15.09.1997 
COM(97) 375 final 
96/0240 (SYN) 
Amended Proposal for a 
COUNCIL DIRECTIVE 
amending Directive 94/58/EC 
on the minimum level of training of seafarers 
(presented by the Commission pursuant to Article 189 a (2) 
of the EC-Treaty) 

EXPLANATORY MEMORANDUM 
1. During its 28-29 May 1997 Plenary Session, the European Parliament approved, 
subject to a number of amendments, the Commission's proposal for a Council 
Directive amending Directive 94/58/EC on the minimum level of training of 
seafarers. 
2. The Commission can accept without reservation the following amendments: 
- amendments 10, 14, 21 and 32 since they help to ensure that the STCW 95 
Convention is reflected in the Directive without ambiguity, 
- amendments 23, 24 and 25 in order to take into account the recent revision of 
IMO SOLAS Convention concerning the introduction of a common working 
language on board passenger ships, 
- amendments 3, 4, 8, 9, 12, 13, 17, 26, 27, 31, 34, 35 and the first part of 
amendment 7 which improve and strengthen certain specific provisions of the 
Directive. 
3. The Commission can not accept the following amendments: 
- amendments 1 and 2 since it is not necessary to replace the existing Directive 
94/58 by a totally new Directive. The amending Directive can achieve the 
objective of having a consolidated text by proceeding to a codification after the 
adoption of the present draft Directive by the Council. 
- amendments 5 and 6 are not consistent with the purpose of the Directive which 
is the establishment of minimum training standards and not a harmonized system. 
- amendment 7, second part where the priority should be given to the 
improvement of the quality and performance of the existing national maritime 
institutes and in this context the creation of a symbolic EU school is not 
necessary or relevant to the major objective, 
- amendments 28 and 29 because they repeat provisions which are already 
contained in other articles of the proposed Directive, 
- amendments 15, 16, 19, 20 and 30 since they change the wording of STCW 
provisions or refer both to articles of the Directive and to the relevant STCW 
provisions which are transposed in the Directive. In some respects that would 
mean duplication and it would generate uncertainty, 
- amendment 11 since the wording proposed is not consistent with the relevant 
text of regulation 1/3 of the STCW on the same topic, 
- amendments 18, 22 and 33 because their content is outside the scope of the 
revised STCW on which the present proposal is based. 
4. In compliance with Article 189 A, paragraph 2, of the Treaty, the 
Commission hereby modifies its proposal accordingly. 
Amended Proposal for a 
COUNCIL DIRECTIVE 
amending Directive 94/58/EC 
on the minimum level of training of seafarers 
Original text Amended text 
(Amendment 3) 
Recital 3a (new) 
Whereas, in the interests of safety at 
sea. Member States should recognize 
qualifications proving the required 
level of training only where these are 
issued by or on behalf of Parties to 
the STCW Convention which have 
been identified by the IMP 
Committee on Maritime Safety at Sea 
as having shown to have given, and 
still to be giving, full effect to the 
standards set out in that Convention; 
(Amendement 4) 
Recital 5b (new) 
Whereas Member States may, in 
compliance with Article 2 of this 
Directive, establish higher minimum 
standards than those imposed therein: 
(Amendment 7) 
Recital 5e (new) 
Whereas there should be, at EU level, 
a policy for attracting young people to 
the maritime profession: 
(Amendment 8) 
Recital 6 
Whereas in order to prepare the Deleted 
proposal required under Article 9(3^ 
of Council Directive 94/58/EC. it was 
appropriate to wait for the approval by 
the IMP Conference of 26 June - 7 
July 1995 of the revised STCW 
Convention WJÙCJL inter alia* 
introduces provisions dealing with the 
recognition of certificates at 
international level; 
(Amendment 9) 
ARTICLE 1(2) (new) 
Article 4(m) (Directive 94/58/EC) 
(m) ships flying the flag of a Member 
State" means a ship registered in 
and flying the flag of a Member 
State in accordance with its 
legislation. Ships not 
corresponding to this definition are 
assimilated to ships flying the flag 
of a third country; 
(Amendment 10) 
ARTICLE l(2a) (new) 
Article 4a (new) 
2a. New Article 4a 
4a STCW Code 
1. The provisions of Part A of the 
STCW Code, as in force at the time of 
adoption of this Directive, shall, in 
order to give effect to the provisions of 
this Directive, enter into force for all 
Member States on the same date and in 
the same manner as this Directive. 
2. The guidance contained in Part B of 
the STCW Code shall be taken into 
account by all Member States as of the 
date of entry into force of this 
Directive. 
(Amendment 12) 
ARTICLE 1(3) 
Article 5a (new), paragraph 4 
4. Member States before deciding on 
the definition of near-coastal voyages 
and the conditions of education and 
training required thereof in accordance 
with the requirements of this Article 
shall communicate to the Commission 
the details of the provisions intended 
to be adopted. Such conditions may 
only be adopted by Member States if 
they are approved in accordance with 
the procedure laid down in Article 13. 4. Member States, upon deciding on 
the definition of near-coastal voyages 
and the conditions of education and 
training required thereof in 
accordance with the requirements of 
this Article, shall communicate to the 
Commission the details of the 
provisions to be adopted 
(Amendment 13) 
ARTICLE 1(3) 
Article 5b (new), paragraph 4 
Penalties or disciplinary measures 
4. Member States within whose 
jurisdiction there is located any 
company which, or any person who, is 
believed on clear grounds to have been 
responsible for or to have knowledge 
of, any apparent non- compliance with 
the Directive specified in paragraph 3, 
shall extend cooperation to any 
Member State or, subject to 
reciprocity, third country which 
advises them of its intention to initiate 
proceedings under its jurisdiction. Penalties or disciplinary measures 
4. Member States within whose 
jurisdiction there is located any 
company which, or any person who, 
is believed on clear grounds to have 
been responsible for or to have 
knowledge of, any apparent non­
compliance with the Directive 
specified in paragraph 3, shall extend 
cooperation to any Member State or 
third country which advises them of 
its intention to initiate proceedings 
under its jurisdiction. 
(Amendment 14) 
ARTICLE 1(3) 
Article 5c (new), paragraph 4 
4. In applying the provisions of this 
Article, Member States shall take into 
account the provisions of section B-I/8 
of the STCW Code. 4. In applying the provisions of this 
Article, Member States shall take into 
account the recommendations provided 
in section B-I/8 of the STCW Code. 
(Amendment 17) 
ARTICLE 1(3) 
Article 5d (new), paragraph 4(2) 
4. Member States undertake to: 
2) make available information on the 
status of such certificates, 
endorsements and dispensations to 
other Member States or. subject to 
reciprocity. third countries and 
companies which request verification 
of the authenticity and validity of 
certificates produced to them by 
seafarers seeking recognition of their 
certificates under the provisions of 
Article 9 or employment on board 
ship. 4. Member States undertake to: 
2) make available information on the 
status of such certificates, 
endorsements and dispensations to 
other Member States or third countries 
and companies which request 
verification of the authenticity and 
validity of certificates produced to 
them by seafarers seeking recognition 
of their certificates under the 
provisions of Article 9 or employment 
on board ship. 
(Amendment 21) 
ARTICLE 1(3) 
Article 5i (new) paragraph 7 
7. In applying the provisions of this 
Article Member States shall take into 
account the provisions referred to in 
section B-VIII/1 of the STCW Code. 7. In applying the provisions of this 
Article Member States shall take into 
account the recommendations referred 
to in section B-VIII/1 of the STCW 
Code. 
(Amendment 23) 
ARTICLE l(4a) (new) 
Article 8 
Article 8 
Member States shall ensure that: Article 8 
Member States shall ensure that: 
"1. notwithstanding the provisions of 
paragraphs 2 and 4, on board all ships 
flying the flag of a Member State, there 
are means in place at all times for 
effective oral communication related to 
safety between all members of the 
ship" s company, particularly with 
regard to the correct and timely 
reception and understanding of 
messages and instructions." 
(Amendment 24) 
ARTICLE l(4b) (new) 
Article 8(lb) (new) 
lb. Pn all passenger ships flying the 
flag of a Member State and on all 
passenger ships starting and/or 
finishing a voyage in a Member State 
port, to ensure effective crew 
performance in safety matters, a 
working language is established and 
recorded in the ship's log book. The 
company, or the master, as 
appropriate, shall determine the 
appropriate language. Each seafarer 
shall be required to understand and, 
where appropriate, give orders and 
instructions and report back in that 
language. 
If the working language is not an 
official language of the flag Member 
State, all plans and lists required to be 
displayed shall include translations into 
the working language. 
(Amendment 25) 
ARTICLE l(4c) (new) 
Article 8 (3) and (4) 
3. Pn board oil tankers, chemical 
tankers and liquefied gas tankers flying 
the flag of a Member State, the master, 
officers and ratings are able to 
communicate with each other in a 
common working language/languages. 
4. When carrying out Port State control 
under the provisions of Directive 
95/21/EC, ships flying the flag of a 
State other than a Member State also 
comply with this Article. 
(Amendment 26) 
ARTICLE 1(5) (a) (1.5.3) 
Article 9 (3) (a) 
1.5.3. completed an approved 1.5.3. for services which so require. 
Automatic Radar Plotting Aid (ARPA) completed an approved Automatic 
simulator course, if the endorsement Radar Plotting Aid (ARPA) simulator 
attesting recognition is to be valid for course, if the endorsement attesting 
service on ARPA equipped ships, recognition is to be valid for service on 
ARPA equipped ships, 
(Amendment 27) 
ARTICLE 1(5) (a) (2.1.1.) 
2.1.1. accommodation and facilities 2.1.1. facilities which establish a 
which establish a teaching, study and teaching, study and learning 
learning environment suited to the environment suited to the conduct of 
conduct of approved maritime approved maritime education and 
education and training programmes training programmes and courses, 
and courses, 
(Amendment 31) 
ARTICLE 1(7) 
Article 12 
Article 12 Article 12 
1. This Directive may be amended in 
accordance with the procedure laid 
down in Article 13, in order to apply, 
for the purposes of this Directive, 
subsequent amendments to the 
international codes referred to in 
Article 4 (q), (r), and (s) which have 
entered into force. 1. This Directive may be amended in 
accordance with the procedure laid 
down in Article 13, in order to apply, 
for the purposes of this Directive, 
subsequent amendments to the 
international conventions and codes 
referred to in Article 4 (p.) (q), (r), 
(u)r (w). (x) and (y) which have 
entered into force. 
2. This Directive may also be 
amended in accordance with the 
procedure laid down in Article 189c 
of the Treaty, at 5-yearly intervals, in 
order to apply, for the purposes of 
this Directive. the. outcome and 
recommendations of an evaluation of 
procedures and criteria for the 
recognition of certificates of third 
countries referred to in the article. 
2. Following the adoption of new 
instruments or protocols to the 
STCW Convention referred to in 
Article 4 (xL the Council, acting en 
a proposal from the Commission, 
shall decide, taking into account the 
Member States' parliamentary 
procedures, as well as the relevant 
procedures within the IMP, on the 
detailed arrangements for ratifying 
those new instruments or protocols, 
while ensuring that they are applied 
uniformly and simultaneously in the 
Member States. X. Following the adoption of new 
instruments or protocols to the STCW 
Convention referred to in Article 4 
(u)f the Council, acting in accordance 
with Article 189c of the Treaty, shall 
decide, taking into account the 
Member States' parliamentary 
procedures, as well as the relevant 
procedures within the IMP, on the 
detailed arrangements for ratifying 
those new instruments or protocols, 
while ensuring that they are applied 
uniformly and simultaneously in the 
Member States. 
(Amendment 32) 
ANNEX, 
ANNEX ANNEX I 
1. The regulations referred to in this 
Annex are supplemented by the 
mandatory provisions contained in 
part A of the STCW Code as adopted 
by the IMP Conference of 26 June - 7 
July 1995 as in force at (1997). 1. The regulations referred to in this 
Annex are supplemented by the 
mandatory provisions contained in 
part A of the STCW Code as adopted 
by the IMP Conference of 26 June - 7 
July 1995 as in force at (1997). 
1. 1. any reference to a requirement in Deleted 
a regulation also constitutes a 
reference to the corresponding section 
of part A of the STCW Code: 
1. 2. in applying the regulations, the Deleted 
related guidance an*! explanatory 
material contained in part B of the 
STCW Code shall be taken into 
account to the greatest degree possible 
in order to achieve a more uniform 
implementation of the Directive 
provisions, 
(Amendment 34) 
Annex, Chapter VIII 
Regulation VIII/1 (2) new subparagraph 4a (new) 
officers in charge of the navigational 
watch who are required to leave the 
navigating bridge in connection with 
other duties, or at the completion of a 
watch, shall not do so until relieved 
by another officer taking charge of 
the navigational watch and after a 
proper handover of watch has been 
completed. 
(Amendment 35) 
Annex II (new) 
PRPCEDURES AND CRITERIA 
FPR THE RECPGNITIPN PF 
CERTIFICATES OF THIRD 
COUNTRIES 
A Member State may only recognize 
and endorse appropriate seafarers" 
certificates, issued by third countries, 
for service on board ships flying its 
flag, if all of the following conditions 
are fulfilled; 
1. Appropriate certificates presented 
for recognition must have been issued 
bv a Party to the STCW Convention 
2. The third country that issues the 
appropriate certificate must have been 
identified bv the Maritime Safety 
Committee of the International 
Maritime Organization as having 
demonstrated that full and complete 
effect is given to the provisions of the 
STCWConvention. 
3. 1 If the requirement of paragraph 2 
has not been met, the third country 
shall communicate to the Member 
State and, if appropriate, to the IMPT 
information concerning: 
(a^ texts of laws, decrees, orders, 
regulations and instruments relating to 
the implementation of the STCW 
Convention; 
(b) full details of the content and 
duration of study courses, including a 
clear statement of the education, 
training, examination, competency 
assessment and certification policies 
adopted; 
(c) national examination and other 
requirements for each type of 
certificate issued in compliance with 
the STCW Convention: 
(d) full details of the content and 
duration of refresher and updating 
training, and its assessment: 
(e) a sufficient number of specimen 
certificates issued in compliance with 
the STCW Convention: 
(f) information on governmental 
organization: 
(g) a concise explanation of the legal 
and administrative measures provided 
and taken to ensure compliance 
particularly concerning training and 
assessment, and issue and registration 
of certificates; 
(h) a concise outline of the procedures 
followed to authorize, accredit or 
approve training and examinations, 
and competency assessments required 
by the STCW Convention. the 
conditions attached thereto, and a list 
of the authorizations . accreditation 
and approvals granted. 
3. 2 The Member State shall compare 
the facts reported in the information 
with all relevant requirements of the 
STCW Convention to ensure that full 
and complete effect is given to the 
provisions of the STCW Convention. 
4. 1 The Member State shall confirm. 
through all necessary measures. 
which may include inspection of 
facilities and procedures, that the 
requirements concerning the standard 
of competence, the issue and 
endorsement of certificates and 
record-keeping are fully complied 
with and a quality standards system 
has been established. 
4. 2 The Member State shall ensure 
that an undertaking is agreed with the 
third country concerned that prompt 
notification will be given of any 
significant change in the arrangements 
for training and certification provided 
in compliance with the STCW 
Convention. 
5. Member States, through the 
procedure laid down in Article 13. 
shall adopt and update a list 
containing the names of third 
countries where, in addition to the 
procedure referred to in paragraph 
3.2. the inspection of facilities and 
12 
procedures referred to in paragraph 
4,1 is mandatory, 
6. Member States, in accordance with 
the provisions of paragraph 5. which 
proceed to accredit or approve a 
maritime institute or training course, 
shall in doing so apply the criteria 
given, 
7. Certificates presented for 
recognition must bear. he 
accompanied by. or incorporate in 
their wording a valid endorsement 
attesting their issue by the above 
party, 
8. Member States shall establish 
measures to ensure that seafarers who 
present for recognition certificates for 
functions at management level have 
an appropriate knowledge of the 
maritime legislation of the Member 
States, relevant to the functions they 
are permitted to perform. 
9. Certificates ami endorsements 
issued by a Member State under the 
provisions of this Annex in 
recognition Q£ 01 attesting the 
recognition of. a certificate issued by 
a third country, mav not be used as 
the basis for further recognition bv 
another Member State. 
13 

ISSN 0254-1475 
COM(97) 375 final 
DOCUMENTS 
EN 07 16 04 
Catalogue number : CB-CO-97-367-EN-C 
ISBN 92-78-22785-4 
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