EN Official Journal of the European Union C 157/53

Opinion of the European Economic and Social Committee on the ‘Proposal for a Directive of the European Parliament and of the Council on the recognition of seafarers' certificates issued by the Member States and amending Directive 2001/25/EC’

(COM(2004) 311 final — 2004/0098 (COD))

(2005/C 157/07)

On 6 May 2004, the Council decided to consult the European Economic and Social Committee, under Article 80 para. 2 of the Treaty establishing the European Community, on the abovementioned proposal.

The Section for Transport, Energy, Infrastructure and the Information Society, which was responsible for preparing the Committee's work on the subject, adopted its opinion on 24 November 2004. The rapporteur was Mr Chagas.

At its 413th plenary session of 15 and 16 December 2004 (meeting of 15 December) the European Economic and Social Committee adopted the following opinion by 140 votes in favour and four abstentions.

1. Background

1.1 The Commission presented on 26 April 2004, a proposal for a Directive on the recognition of seafarers' certificates issued by the Member States and amending Directive 2001/25/EC (1), the purpose being to provide for a simplified procedure for the recognition of certificates that are issued by the Member States.

1.2 Training, certification and watchkeeping requirements for seafarers are prescribed by the Convention of the International Maritime Organisation on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, as amended (STCW Convention). The Convention lays down, inter alia, specific criteria for the recognition of certificates of seafarers issued by the parties to a master, officer or radio operator.

1.3 These international requirements were transposed into Community legislation by way of Directive 2001/25/EC (2) of the European Parliament and of the Council of 4 April 2001, as last amended by Directive 2003/103/EC (3) on the minimum level of training of seafarers (the Directive). Thus, Member States are required to issue certificates of competency to seafarers in line with these standards.

1.4 As regards recognition of certificates between Member States, Directive 2001/25/EC provides that recognition of certificates of seafarers who are nationals or non-nationals of Member States are subject to the provisions of Directives 89/48/EEC (4) and 92/51/EEC (5) on the general system for the recognition of professional education and training. The general system establishes a procedure for the recognition of evidence of professional qualifications of seafarers that involves the comparison of education and training received, as well as the corresponding qualifications. In case of substantial differences therein, the seafarers concerned may be subject to specific compensation measures. There is currently a paradox in that, within the EU, the mutual recognition between Member States is more difficult than recognition of third country certificates.

1.5 The Commission proposes the automatic acceptance by the Member States of all certificates issued by another Member State to seafarers in accordance with the Directive. The main objective of the proposed measure is to ensure that all seafarers who are qualified in a Member State and hold such certificates be permitted to serve on board ships flying the flag of any Member State without any further prerequisites.

1.6 In addition, the Commission believes that it is appropriate to introduce into Community law the requirements of the STCW Convention as regards language skills for seafarers. Such requirements would enable effective communication on board ships, whilst would facilitate free movement of marine professionals.

1.7 The Commission's proposals seek to amend Directive 2001/25/EC and additionally provide for: — the obligation for Member States to adopt measures to prevent and penalise fraudulent practices associated with certificates of seafarers, and — the regular assessment of compliance of Member States with the requirements of Directive 2001/25/EC.

2. General comments

2.1 The EESC recognises the necessity for a procedure to facilitate the recognition by all Member States of certificates of seafarers issued within the Union in accordance with the minimum requirements of Directive 2001/25/EC, as amended.

2.2 The EESC further recognises the necessity to ensure thorough and continuous compliance with existing requirements in order to meet international obligations.

2.3 The EESC notes, in its conclusions of 5 June 2003, the Council's emphasis upon the need to foster the mobility of seafarers within the Union (6).

2.4 The EESC further notes that the current general system for the recognition of professional education and training is somewhat cumbersome and precludes the mutual recognition of certificates issued between the Member States from the application of the relevant provisions of the Convention.

2.5 The EESC acknowledges that the procedure recently introduced for the recognition of certificates outside the Union is simpler and hence seafarers qualified in a Member State may be disadvantaged. The proposed changes, consistent with international requirements, should redress this possible disadvantage.

2.6 The EESC further acknowledges that some Member States reserve positions for their nationals in the posts of master and chief mate as confirmed by the Court of Justice cases C-47/02 and C-405/01; this serves as confirmation that Member States may prevent the free movement of seafarers and so reserve positions for their own nationals. The Netherlands and the United Kingdom have the least restrictive policies amongst Member States with respect to the employment of non-nationals.

2.7 The EESC appreciates the necessity for a common working language which all seafarers understand and are able to communicate in. This is particularly important in emergency situations and in the improvement of social conditions on board.

2.8 The EESC welcomes the Commission drawing attention to the proliferation of fraudulent certificates in a recent study by the International Maritime Organisation (7) and urges Member States to take and enforce all necessary measures to prevent the fraudulent obtaining, fraudulent issuance and counterfeiting of seafarers' certificates.

2.9 The EESC while accepting the need for a more effective and less burdensome system of mutual recognition of certificates between Member States, believes that there is an ongoing necessity for procedures to actively combat fraudulent certification. Host Member States must have appropriate procedures in order that a certificate issued by another Member State may be used on a ship of the host Member State.

2.10 The EESC believes that a host Member State, while requiring minimum standards with respect to language skills from all certificate holders, needs to satisfy requirements with respect to the knowledge of maritime law of that Member State. Thus necessitating the issue of a ‘recognition’ document.

2.11 The EESC accepts that there is an important role for the European Maritime Safety Agency (EMSA) in ensuring both compliance and consistency across Member States and that the administrative burden is kept to a minimum. This is essential in order to ensure the high professional standing of seafarers certificated in Member States.

2.12 The EESC while accepting the important role of EMSA, recognises its limitations. However, the EESC draws attention of the Commission to the need for appropriate resources of a financial, human and technical nature.

2.13 The EESC draws the attention of the Commission to the possible adverse effects of permitting an unlimited number of nationals of one Member State sailing on ships of another Member State. Whilst recognizing that this is in line with the free movement of workers, as well as a necessity in some instances, the EESC notes that lack of any limitation on the number of certificates issued may adversely affect the continued employment of seafarers in certain Member States. Ultimately the sustainability and growth of the maritime skills base in the EU may be affected.

2.14 The EESC urges Member States to work in concert with their social partners to bring about a balanced employment regime to ensure the sustainability and growth of the EU maritime skills base.

2.15 The EESC expresses disappointment that the Commission while addressing previously the recognition of third country nationals and now the mutual recognition of EU seafarers' certificates is currently not seeking to have universally applied protective social provisions for all seafarers employed on EU flagged vessels.

3. Specific comments

3.1 Article 1

It is acknowledged that the Directive shall apply to the seafaring professions carried out by nationals of a Member State and non-nationals who hold a certificate of competency issued by a Member State. It is important that this should not be extended to include certificates issued originally by a third country and endorsed by a Member State.

3.2 Article 3

While acknowledging in paragraph 2 that any seafarer holding an appropriate certificate or any other certificate as defined in paragraph 1 shall be permitted to serve on board ships flying the flag of another Member State this should only be done upon the issuance of a formal recognition document. Such a document is required in order to prevent fraudulent use of certificates and to testify to the language skills and knowledge of maritime law of the host Member State.

3.3 Article 4

The EESC acknowledges the necessity for seafarers to acquire adequate language proficiency as defined in sections A-II/1, A-III/1, A-IV/2 and A-II/4 of the STCW Code. However, it is somewhat ambiguous in that it is difficult for the Member States to ensure that the provision has been met whereas the duty in accordance with the STCW Code should fall upon the host Member State to ensure that seafarers have adequate language proficiency. Once this is satisfied appropriate recognition may then be granted by the host Member State.

3.4 Article 5

The EESC welcomes the provisions with respect to the prevention of fraud. The use of fraudulent certificates of competency has the potential not only to endanger the safety of life at sea but also cause severe damage to the marine environment and undermining the standing of the nautical profession. The issuance of an appropriate recognition document would assist in the prevention of the fraudulent use of certificates.

3.5 Article 6

The EESC welcomes the role of the EMSA in ensuring that Member States take and enforce appropriate measures to prevent and penalise fraudulent use of certificates.

3.6 Article 7

The EESC acknowledges and welcomes that the Commission assisted by the Agency shall verify at intervals of not more than five years that the Member States comply with the application of the training and certification requirements laid down in Directive 2001/25/EC.

4. Conclusion

4.1 Without prejudice to the comments above, the EESC acknowledges and welcomes the Commission's proposal.

4.2 The EESC accepts the need for the less burdensome system of recognition of certificates by Member States. However, automatic recognition should not exclude the necessity for ensuring appropriate language skills, knowledge of maritime law of the host Member State and prevention of fraudulent use of certificates. This therefore requires the host Member State to have appropriate procedures in place.

4.3 The EESC, while accepting the desirability for an effective and reliable system for the recognition of certificates of competency issued in Member States, expresses concern that the Commission fails to address the future employment of EU nationals and the retention and growth of the European maritime skills base.

4.4 The EESC acknowledges the intended roles of the Commission assisted by the EMSA in ensuring integrity of the procedures and requests that the Commission consider that adequate resources are made available at both the Member State and European levels.

4.5 The EESC while acknowledging the importance the Commission places on maritime education and training in the interests of safety of life at sea and the protection of the marine environment, expresses concern that no additional measures have been taken to ensure that both third country nationals and EU citizens are not exploited on ships of Member States.

Brussels, 15 December 2004. The President of the European Economic and Social Committee Anne-Marie SIGMUND

(1) Directive 2001/25/EC of the European Parliament and of the Council of 4.4.2001 on the minimum level of training of seafarers.

(2) See footnote 1.

(3) Directive 2003/103/EC of the European Parliament and of the Council of 17.11.2003 amending Directive 2001/25/EC on the minimum level of training of seafarers.

(4) Council Directive 89/48/EEC on a General System for the Recognition of Higher Education Diplomas awarded on completion of Professional Education and Training.

(5) Council Directive 92/51/EEC on a Second General System for the Recognition of Education and Training to supplement Directive 89/48/EEC.

(6) On the Promotion of the Shipping Industry and the Seafaring Profession within the Union.

(7) A study of fraudulent practices associated with certificates of competency and endorsements, Seafarers International Research Centre (SIRC) 2001.