Amended proposal for a COUNCIL DIRECTIVE on the minimum level of training for maritime occupations
Date: 1994-04-21
Institutions: European Commission
Subjects: crew, maritime shipping, prevention of pollution, recognition of diplomas, transport safety, vocational training

COMMISSION OF THE EUROPEAN  COMMUNITIES 

C0MC94)  124  final  -  SYN  517 
Brussels»  21.04.1994' 

Amended  p r o p o s al 

f or  a 

COUNCIL  DIRECTIVE 

on the minimum level  of  training  for maritime  occupations 

(presented  by  the  Commission  pursuant  to  A r t i c le  189 A ( 2) 
of  the  EC-Treaty) 

^u 

Explanatory  Memorandum 

Based  on  the  opinion  adopted  by  the  European  Parliament  in  the  first  reading  on 

9  March  1994, the Commission submits to Council pursuant to article  189 (a) of the Treaty, 

on  the  European  Union,  an  amended  proposal  for  a  directive  on  the  minimum  level  of 

training for maritime occupations. 

The  amended proposal  takes  into account  the part of  the opinion of  the Parliament 

which refers  to two types of  amendments : 

the first  type of amendments concern improvements  to the text related to the 

IMO Convention on Standards  of  Training,  Certification  and Watchkeeping 

for  Seafarers  (STCW) and IMO Resolution A 778 (18) on minimum training 

requirements  for  personnel  nominated  to  assist  passengers  in  emergency 

situations  on passengers  ships. 

the second type of amendments refer to third countries training and certificates 

and  provide for common criteria to be applied in the E.U.  for the recognition 

of  these  certificates.  The  amendments  also  improve  the provisions  on port 

state control  on seafarers  qualifications. 

Amendments  voted by the Parliament concerning  : 

The  term engineer  officer  and the  inclusion  in the  scope  of  the directive  of 

catering crew (provision master, purser) and electrical engineer ; not accepted 

by  the  Commission  since  these  questions  are  not  dealt  with  in  the  STCW 

Convention on  which the present action is based. 

The deletion of the requirement  for crew  members on board tankers to have 

adequate knowledge of languages  ; it is not followed since it runs contrary to 

improving  safety  at sea. 

A^S 

The  safe  handling  of dangerous  or polluting  goods  ; it is not relevant in the 

context of the present proposal. 

An action programme to attract young people to the maritime profession  : this 

item  will  be  the  subject  of  a  Commission's  study.  At  this  stage  no 

commitment can be taken under the terms of the proposal. 

The  elimination  of  certain Regulations  in the Annexes  ; it  is  not acceptable 

since  this  would  imply  that the mandatory  minimum requirements  proposed 

in the draft directive would be less than those introduced  at international level 

by the STCW Convention. 

The present revised proposal brings closer the draft directive to the text on which the Council 

of Minister of 29 November 1993 has reached an agreement therefore the Commission hopes 

that the Council  will  accept the proposed amendments. 

-4- 

^ 

AMENDED  PROPOSAL 

Pursuent to the European  Parliament 
opinion-
(The original  text remains unchanged 
unless there is an entry in this 
column) 

ORIGINAL COMMISSION  PROPOSAL 

Proposal for a Council Directive on  the minimum 

level of training for maritime occupations 

THE COUNCIL OF THE EUROPEAN  COMMUNITIES. 

Having  regard  to the Treaty  establishing the 
European  Economic  Community,  and in particular 
Article 84(2) thereof. 

Having  regard  to the Treaty 
establishing  the  European 
Community,  and in particular 
Article 84(2) thereof. 

Having  regard  to  the  proposal 
Commission.1 

from  the 

Having  regard  to the opinion  of the European 
Parliament.2 

Having  regard to the opinion of the  Economic  and 
Social  Committee.3 

Whereas the standards for the award of vocational 
competency certificates to seafarers vary from one 
Member State to another;  whereas such a diversity 

(1) O.J. n° C 212  5.8.1993 
(2) 
(3) O.J. n° C  34  2.2.1994 

Whereas  in its resolution  of  8 June 
1993  on  a  common  policy  on  safe 
seas 
the Council set the objective 
of  removing  substandard  crews  and 
gave  priority  to  Community  action 
aiming  at  enhancing  training  and 
education  by  developing  common 
standards for minimum training levels 
of kev personnel: 

Whereas  in  its  conclusions  of  21 
January  1993 on  maritime  safety  and 
the 
prevention 
pollution 
Community,  the  Council  noted  the 
importance  of  the  human  element  in 
the safe operation of ships: 

in 

2. 

of national  laws in the area of training  covered 
by this Directive does not ensure  the  consistent 
level of training  required  in the interests of 
shipping  safety; 

Council 

89/48/EEC4  and 
Directives 
Whereas 
92/51/EEC5  on  the  general  systems  for the 
recognition of professional education and training 
apply  to maritime  occupations  covered  by this 
Directive; 
whereas  they  will  help  promote 
compliance with  the obligations  laid down in the 
Treaty abolishing  obstacles to the  free movement 
of persons and  services between  Member States ; 

Whereas  the mutual  recognition  of diplomas and 
certificates  provided  for  under  the general 
systems  does  not. however,  always  ensure  a 
standardized  level of training  for all  seafarers 
serving  on board  vessels  flying  the flag  of a 
whereas  this is. 
Member  State  and/or  Euros; 
however,  vital  from  the viewpoint  of shipping 
safety; 

Whereas  the  mutual  recognition  of 
diplomas  and  certificates  provided 
for  under  the above directives  does 
not  always  ensure  a  standardized 
level  of  training  for all  seafarers 
serving  on board  vessels  flying  the 
flag  of  a  Member  State  including 
vessels  registered  in  the  Euros 
register; whereas  this  is, however, 
vital from the viewpoint of shipping 
safety; 

Whereas  it is therefore  essential  to define a 
minimum  level  of training  for seafarers  in the 
Community; 

Whereas it is therefore essential to 
define  a  minimum  level  of  training 
for seafarers in the European Union: 
whereas  the  relevant  action shaultTbe 
based  on  the  levels  of  training 
agreed  upon  in  the  1978  IMO 
International Convention on Standards 
and 
Training,  Certification 
of 
Watchkeeping for Seafarers: 

Whereas, in view of the particular  nature of the 
transport  of hazardous  or polluting  cargoes or 
passengers by sea and the hazards involved in such 
operations,  the conditions  under  which  such 

4  OJ No L 19. 24.1.1989. 

5  OJ No L 209. 24.7.1992 

operations  are  effected  should  be improved in 
order  to safeguard  human  life and protect the 
marine  environment;  whereas  persons  serving on 
board  such  ships  should  be required  to have an 
adequate knowledge of languages; 

Whereas personnel on board pass^ngpr 
ships nominated to assist passenger? 
in  emergency  situations  should fre 
able 
th* 
passengers: 

to  communicate 

with 

Whereas  action at Community  level is required to 
attain  this  objective  since  individual  measures 
undertaken  or planned  by Member  States  do  not 
provide a satisfactory  solution; 

Whereas  account  should be taken of the  existing 
body of international law on maritime training and 
qualifications,  and  in. particular  the  1978 
International Convention on Standards of Training. 
Certification  and  Watchkeeping  for  Seafarers 
(STCW); 

Whereas  measures  should be taken to ensure  that 
seafarers  from  third  countries  have a level of 
competence  commensurate  with  that  required by 
international  conventions in this area. 

a 

level 

Whereas  measures  should  be  taken  to 
ensure  that  seafarers  who  hold 
certificates  from  third  countries 
competence 
have 
commensurate  with  that  required  by 
international  conventions  in  this 
area, and in particular the 1978 IMP 
International Convention on Standards 
Training,  Certification  and 
of 
Watchkeeping for Seafarers  (STCW). 

of 

Whereas, in order to/achiéve that 
Objective,  common /criteria  fox 
the  recognition  of  certificates 
issued bv third countries must be 
J aid down bv the European Union: 
whereas  the  Council,  on  a 
proposal  from  the  Commission, 
must,  in  cooperation  with—the. 
European Parliament, decide upon 
the  common  criteria  and  the 
procedure  for  recognition  of 
those certificates before 31 July 
1995; 

a 

for 

Whereas. 
certain 
transitional period following the 
adoption of the common criteria, 
seafarers  h Q W nq  certificates 
not  issued  under  this directive 
should  be  allowed  to  serve  on 
board  vessels  of  the ttemfrer 
States  of  the  Union,  including 
vessels  registered  jn  the  Euros 
register; 

Whereas  Member  States,  as  port 
authorities, are required  to enhance 
safety  and  pollution  prevention  in 
the Community waters through priority 
inspection of vessels flying the flag 
of  a  third  country  which  has  not 
ratified the STCW Convention or which 
have crews holding certificates which 
have  not  been  recognized  under  the 
provisions of this Directive; 

HAS ADOPTED THIS DIRECTIVE: 

Article 1 

For the purpose of this Directive: 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

'master' means the person in command  of 
a ship; 

'officer' means the member of a ship's 
complement  other  than  the  master 
appointed  to  this  post  in  accordance 
with  national  laws  or  regulations  or. 
where they do not exist,  in accordance 
with collective agreement or practice; 

"deck  officer"  means  a  qualified 
officer  in the deck  department; 

"chief  mate"  means  the  deck  officer 
next  in  rank  to  the  master  and  upon 
whom the command  of the ship will  fall 
in the  event  of the  incapacity  of  the 
master; 

"engineer  officer"  means  a  qualified 
officer  in the engine department; 

"chief engineer officer" means a senior 
engineer  officer,  responsible  for  the 
mechanical  propulsion of the ship; 

(g) 

(h) 

(i) 

"second  engineer  officer"'  means  the 
engineer  officer  next  in rank  to the 
chief  engineer  officer  upon  whom the 
responsibility  for  the  mechanical 
propulsion of the ship will  fall in the 
event  of the incapacity  of the chief 
engineer officer; 

"assistant  engineer  officer"  means  a 
person  under  training  to  become  an 
engineer officer and designated as such 
by na t i ona1  1 aw or regu1 a t i ons. 

first 

service 

class  or  second 

"radio officer" means  a person  holding 
class 
a 
radiotelegraph  operator's  certificate 
or  a  radiocommunication  operator's 
general  certificate  for the maritime 
mobile 
under  the 
provisions  of the Radio  Regulations, 
who  is employed  in the radiotelegraph 
station of a ship which is required to 
have 
station  by  the 
International Convention for the Safety 
of I ife at Sea; 

such  a 

issued 

(|) 'radio opera toi".' mp.inr; £in officer 
holding a certificate rçl a t ingJt.Q 
t ho._s.l oba l_jnaci tïmc._ diat r.e_s3_and. 
E&lsitx. 
ox 
gflCi^nJLzcd__Jby 
tjlg__çgjnpjg,tent 
au_thor-i.tx_QLJ_tte^^ 
the  .b^dy__d.cfiigna_t.ç!c!  by  this 
y&ombj^_£taJ^c_un^ 

axsteji^ 

issued 

o£_the_RadI i.o_Re_qu la.t ions ; 

U> 

"radiotelephone officer" means a person 
holding 
an  appropriate  certificate 
issued  under  the  provisions  of the 
Radio Regulations: 

(J)  Deleted 

7. 

K(a)  'lifeboatman'  means a member of 
the ship's crew holding a certificate 
in the proper  operation^of  liferafts 
and  lifeboats.  either  issued  as  a 
separate  document or incorporated in 
hi3  certificate of competency: 

K(b)  'near-coastal  voyages'  means 
voyages  in the vicinity  of a  Member 
State  as  defined  by. that  Member 
State; 

Kfc)  'propulsion  power'  means  the 
power in kilowatts which appears on a 
ship's  Certificate  of  Registry  or 
other  official  document; 

',--•-

K(d)  'oil  tanker'  means  a'  ship 
constructed  and used  for the  carriage 
of  petroleum  and • petroleum  products 
in  bulk; 

.•ftîéVa'chémical  tànkér'  mèàns !a  ship 
éonstructed arid uSed for the, carriage 
in bulk of>anv liquid chemièàL. listed 
in ttifr-tttO 'COte fOf thé Construction 
and  Equipment  of  Ships*  carrying 
Dangerous  Chemiéals  in •• Sulk',  as 
applicable  àt thë  tifté irt question: 

Kff)- 'liquified  gas tanker*  mèàns a 
tot  thé 
shlfr'constructed "$nd--tided 
carriage in bulk 6f any.liquified gas • 
listed  in  thé  IMP  'Cîodè », for  the 
COrtstructlQft and  Eguiplent  of  Shifts • . 
carrVinq Liquified Caé^g in Sulk',  as' , 
applicable  àt  thé time".in /question: 

'Radio  Regulations JKniearis  the ; 

k(a) 
revised radio regulations», adopt éd. by •' 
•the  y World  .Administrative I-..Radio :. 
:' 
Conference for thé Mobile.Serviced 

going : ship, which- Cârfies.imore  than 
twelve'(12)  paéséftçferg;. •  *  <• • 

%ir'rlsh:Lng  vessel'"•'.mean's  à  vessel 
used  for  càtchihcr fifthswhales> -seals 
ôf; other  living  marine 'organismei  '• 

(k 

"rating"  and person  designated  to  be 

responsible  for  a  survival 

craft 

Clifeboatman')  means  any member of a 

ship's complement other than the master 

or officers; 

(1) 

"sea-going  ship"  means any ship  other 
than  ships  which  navigate  exclusively 
in  inland  waters or in waters  within, 
or  closely  adjacent  to. areas  where 
port  regulations  apply; 

(m) 

"hazardous  cargo"  means  the  goods 
defined  in  the  International  Maritime 
Dangerous Goods Code  (IMDG). in Chapter 
19  of  the  IGS  Code  and  Chapter  17  of 
the IBC Code; 

(m) Delete 

(n) 

"polluting cargoes" means: 

(n) Delete 

hydrocarbons  as  defined  in Annex  1 to 
the MARPOL  Convention; 

noxious liquid substances as defined in 
Annex  II to the MARPOL  Convention; 

harmful  substances  as defined  in Annex 
III to the MARPOL  Convention; 

(o) 

"seafarers"  means  any  persons  serving 
on board  a sea-going ship. 

(o) Delete 

9. 

a 

to 

shall 

referred 

apply 
to 

the 
this 
sea 

in 
who  serve  on  board 

of 
State 
Member 
w i th  the  legislation 

The  Directive 
seafarers 
Directive 
going  ships  registered  in  and  flying 
in 
the 
flag 
accordance 
of 
ships 
that  Member  State,  including 
in  the 
registered 
Euros 
register. 
Ships  not  covered  by  the 
above  definition  shall  be  deemed  to 
be  vessels  flving  the  flag  of  a  n o n-
member  country, 

This 
applicable  to  seafarers  serving: 

Directive 

shall 

not 

be 

warships, 

fiDL  board 
naval 
auxiliaries  or  other  ships  owned 
or  operated  by  a  Member  State  and 
non 
engaged  only  on  government 
commercial 

service; 

on  board  fishing  vessels; 

on  board 
engaged  in  trade; 

pleasure 

yachts 

not 

board 

on 
rudimentary 

wooden 

vessels 

of 

construction. 

Article 2 

This Directive shall apply to seafarers serving on 
board  ships  registered  in a Member  State  of  the 
Community and/or the Community Euros register with 
the exception of: 

warships,  naval  auxiliaries  or  other 
ships  owned  or  operated  by  a  Member 
State  and  engaged  only  on  government 
non-commercial  service; 

all  fishing vessels; 

pleasure yachts not engaged  in trade. 

Article 3 

Member States shall take the measures necessary to 
ensure that masters, officers, ratings and persons 
designated  to  be  responsible  for  survival  craft 
(lifeboatmen) who intend to serve on a ship flying 
a Member State's  flag and/or  a EUROS flag hold a 
vocational  competence  certificate  awarded  or 
recognized by the authority or body designated for 
this  purpose  by  each  Member  State  showing  that 
they have successfully completed training relevant 
to the occupation  they wish to exercise on board 
the vessel. 

10. 

Vocational  competence  certificate 
means  any  valid  document/  whatever 
its  title,  issued  by  or  under  the 
authority of the competent authority 
of a Member State 
authorizing the 
holder  to  serve  as  stated  in  this 
document or as authorized by national 
regulations,  where  this ' document 
certifies a minimum level of training 
for  each occupation pursuant  to  the 
provisions of this Directive. 

Article 4 

Vocational competence certificate means any valid 
document, whatever  its title,  issued by or under 
the  authority  of the competent  authority  of a 
Member  State  or  recognized  by the authority, 
authorizing the holder to serve as stated in this 
document or as authorized by national regulations, 
where this document  certifies a minimum  level of 
training  for each  occupation  pursuant  to  the 
provisions of this Directive. 

Article 5 

1. The training  which  the masters,  officers, 
ratings and lifeboatmen referred to in Article 
3  require  in order  to obtain  a  vocational 
competence  certificate  shall  be given in the 
form of one or more  theoretical  courses, and 
service  at  sea. accompanied  by  practical 
exercises,  and  approved  by the  competent 
authority or the body designated by each Member 
State. 

must 

training 

cover  the  minimum 
This 
defined  in  the  IMO 1978 
requirements 
International  Convention  on  Standards  of 
Training.  Certification  and Watchkeeping of 
Seafarers  (STCW) The minimum  requirements  are 
those  described  in  the Annexes  to  this 
Directive, in particular : 

11. 

for  masters  and  chief  mates  of  ships  of 
200  gross  register  tons  or  more,  the 
requirements  laid  down  in  Annex  I. 
Regulations  II/l  11/2.  II/5.  II/7  and 
II/8; 

for officers  in  charge of  a  navigational 
watch  and  masters  of  ships  of  less  than 
200 gross  register tons, the  requirements 
laid  down  in  Annex  I.  Regulations  II/l. 
II/3.  II/5.  11/7 and  II/8; 

for  officers  in  charge  of  a  navigational 
watch  on ships of 200 gross  register  tons 
or  more,  the  requirements  laid  down  in 
Annex I. Regulations  II/l II/4. II/5. II/7 
and  II/8; 

for  chief  engineer  officers  and  second 
engineer officers of ships powered by main 
3 000 kW 
propulsion 
propulsion power or more, the requirements 
laid down  in Annex  II. Regulations  III/l. 
III/2 and  III/5 ; 

machinery 

of 

for  chief  engineer  officers  and  second 
engineer officers of ships powered by main 
propulsion  machinery  between  750  kW  and 
the 
3  000  kW 
requirements  laid  down  in  Annex  II. 
Regulations  III/l.  III/3 and  III/5; 

propulsion 

power. 

12. 

for engineer officers in charge of a watch 
in a conventionally manned engine room or 
designated  duty  engineer  officers  in  a 
periodically  unmanned  engine  room,  the 
requirements  laid  down  in  Annex  II. 
Regulations  III/l.  III/4 and  III/5: 

for radio officers, the requirements laid 
down  in  Annex  III.  Regulations  IV/1  and 
IV/2; 

radiotelephone 

the 
for 
requirements  laid  down  in  Annex  IV. 
Regulation  IV/3: 

operators. 

for masters,  officers  and  ratings  of oil 
tankers,  chemical  tankers  and  liquified 
gas tankers, the requirements laid down in 
Annex V. Regulations  V/l. V/2 and V/3: 

for ratings forming part of a navigational 
watch, the requirements laid down in Annex 
II. Regulation  11/6; 

for ratings forming part of an engine room 
watch, the requirements laid down in Annex 
III. Regulation  III/6; 

for persons  designated  to be  responsible 
for  survival  craft  (lifeboatmen).  the 
requirements  laid  down  in  Annex  VI. 
Regulation  VI/1. 

•'*• Member States shall  ensure that the provisions 
of Council Directive 92/29/EEC of 31 March 1992 
on the minimum  safety and health  requirements 
for  improved  medical  treatment  on  board 
vessels.1 and in particular Article 5 thereof, 
are  applied  as part  of the training  provided 
for in paragraph 1. 

4- Paragraph  1 shall  apply  without  prejudice to 
more favourable Community  provisions on safety 
and  health  at  work,  in  particular  Council 
Directive  89/391/EEC  of 12 June  1989 and its 
implementing  Directives.2 

5. To obtain a vocational  competence certificate, 

candidates must pass an examination approved by 

the  competent  authority  of  a  Member  State, 

which  shall  ensure  that  all  examiners  are 

independent. 

13. 

Article 5a 

1 •  In  circumstances  of  exceptional 
necessity, competent  authorities, if 
in their opinion this does not cause 
danger  to  persons,  property  or  the 
environment, mav issue a dispensation 
permitting  a  specified  seafarer  to 
serye  in. a  specified"" ship  for  a 
specified  period  not  exceeding  six 
months in a capacity, other than that 
QÎ  the  radio  operator,  except  as 
provided  bv  the  relevant  Radio 
Regulations,  for  which  he  does  not 
hpld  the  appropriate  certificate, 
provided  that  the person to whom  the 
dispensation  is  issued  shall  be 
adequately  Qualified  to  fill  the 
vacant post  in a safe manner, to the 
satisfaction 
competent 
authorities.  However, dispensations 
shall not be granted  to a master or 
chief  engineer  officer,  except  in 
circumstances  of  force  majeure  and 
then  only  for  the  shortest  possible 
period, 

the 

of 

(1) O.J. n° L 113/9 30.A.1992 
29.6.1989 
(2) O.J. n° L 183 

14 

a 

to 

person 

2.  Any  dispensation  granted  for  a 
post  shall  be  granted  only  to  a 
person properly certificated to fill 
the  post  immediately  below.  Where 
certification  of  the  post  below  is 
not  required,  a dispensation  may be 
issued 
whose 
qualification  and experience are, in 
the  opinion  of 
the  competent 
authorities,  of  a  clear  eguivalence 
to  the  requirements  for the post to 
be  filled, provided  that, if such a 
person 
appropriate 
certificate, he/she shall be required 
to  pass  a  test  accepted  by  the 
as 
c o m p e t e nt 
demonstrating 
a 
dispensation mav safely be issued. 

a u t h o r i t i es 

hold 

that 

such 

no 

In  addition,  competent  authorities 
shall  ensure  that  the  post  in 
question  is filled  by the holder of 
an appropriate certificate as soon as 
possible. 

Article 6 

Member States designate the authority or the 
body which can give the training  referred to 
in Article 5. 

Member States designate the authority or the 
body which grant the certificates and attest 
the success to the examination  mentioned in 
Article 5. 

Article 7 

Member  States  shall  ensure  that,  on board 
passenger ships or ships operating  scheduled 
passenger  and  vehicle  services  starting 
and/or  finishing a voyage in a Member  State 
port,  the master,  officers,  ratings and 
lifeboatmen are able to communicate with each 
other.  All members of the crew nominated to 
assist  passengers  in emergency  situation, 
shall  be  able  to  communicate  in the 
language(s)  appropriate to the majority of 
passengers carried on a particular  route 

15. 

Article 6a 

1. The Member States shall see to the 
organization of training and further 
training  courses  for  seafarers  on  a 
permanent basis, on the basis of the 
needs at the time in question and the 
development of shipping. 

2.  At  training  and  further  training 
centres  of  the  Member  States  which 
offer  the  training  provided  for  in 
Article 5. seafarers who are citizens 
of  the  European  Union  shall  be 
admitted and trained on equal terms. 

The Member States shall ensure that: 

1. On board all ships flying the flag 
of  a  Member  State  and  on  board  all 
passenger ships which start or finish 
a  voyage  in  a Member  State  port,  a 
permanent  and  effective  line  of 
communication,  which  mav  include  a 
common  language,  operates  between 
masters,  officers  and  ratings.  a3 
regards  the  correct  ' and  prompt 
reception 
of 
messages and orders.  Moreover, there 
must  be  a  permanent  means  of 
communication  between  the  ship  and 
the coastal authorities, either in a 
common language or in the language of 
those authorities. 

and  comprehension 

JQD_  board  passenger  ships 

2^ 
personnel  nominated  on  muster  lists 
JLP  asaigj;  J23JiS£ng£rJI  in  emergency 
situations  are  readily  identifiable 
and  have  communication  skills  that 
are  sufficient  for  that  purpose, 
taking  into  aggount  an  appropri at e 
and  adequate  combination  pf  any  of 
£he following criteria^ 

16, 

(a)  the  language  or  languages 
appropriate 
principal 
nationalities  of  passengers  carried 
on a particular route. 

the 

to 

(b) the likelihood that an ability to 
use elementary English vocabulary for 
basic  instructions  can  provide  a 
means  of  communicating  with  a 
passenger  in  need  of  assistance 
whether or not the passenger and crew 
member share a common language. 

(c) the possibleneed to communicate 
during  an  emergency  by  some  other 
means  (e.g.  bv  demonstration,  or 
hand-signals, or calling attention to 
the  location of instructions, muster 
stations.  life-saving  devices  or 
evacuation 
routes)  when  verbal 
communication  is impractical; 

instructions 

(d)  the  extent  to  which  complete 
safety 
been 
provided  to  passengers  in  their 
native language or languages; 
and. 

have 

(e) the languages in which emergency 
announcements may be broadcast during 
an  emergency  or  drill ^to  convey 
critical  guidance  to passengers  and 
to  facilitate  crew  members  in 
assisting Passengers. 

3. When conducting a ship inspection 
in  their  capacity  of  State  of  the 
port.  Member  States  shall  check 
whether  ships  flving  flags  of  non-
Communitv States also comply with the 
provisions of thl3 Article. 

Member States shall ensure that, on board oil 
tankers,  liquified gas tankers and chemical 
tankers,  the master,  officers  and  ratings 
receive  appropriate  training  so  that all 
members of the ship's crew can communicate in 
a common  language. 

D£l£££ 

Article  8 

Member  States  may  grant a vocational  competence 
certificate  to masters,  officers,  ratings and 
lifeboatmen who apply therefor  for the first  time 
within six months preceding the date on which this 
Directive is implemented, without having  followed 
the course and havinq sat the examination  provided 
Tor  in Article  5. on condition  that  they  provide 
proof that they have been serving  on ships  for at 
least  twelve  months  during  the five  years 
preceding  the  date of entry  into  force of this 
Directive. 

17 

Article 8a 

The mutual recognition bv the Member 
States  of  the  certificates  referred 
to  in Article  4 with which citizens 
of  the European  Union  are equipped, 
shall  be governed  bv  the provisions 
of 
and 
92/51/EEC, 

Directives 

89/48/EEC 

Article 9 

1.  Seafarers  who  are  not  nationals of a Member 
State and do not possess the vocational  competence 
certificate  provided  for in Article  3 may  be 
allowed to serve on ships  flying a Member  State's 
flag  provided a mutually  satisfactory  agreement 
has been concluded  between  the Community  and  the 
third  counties  of  which  the  seafarers  concerned 
are  nationals.  A mutually satisfactory  agreement 
means an agreement  which  guarantees  the  parties 
concerned  observance  and  genuine  and  full 
implementation of the provisions of the IMO's STCW 
Convention  incorporated  in this Directive. 

1. Seafarers who are not citizens of 
the  European  Union  and" do  not  hold 
the  certificate  provided  for  bv 
Article  4 may  be permitted  to  serve 
on board ships registered in a Member 
State, including ships registered in 
the Euros  register, provided  that  a 
decision has been adopted by a Member 
State  recognizing  the  type of  their 
certificate.  For  that  purpose,  the 
Council  shall,  acting  on  a proposal 
in 
the 
from 
and 
cooperation 
European 
Parliament»  adopt a declaJLoiL before 
31  July  1333  Lading . down  common 
crltexia.__ln_  accordance  with  the 
IMO's  STCW 
Convention  to be  taken  into account 
forv the  recognition  by  the  Member 
States  of  the  types  of  certificates 
issued by training establishments or 
the authorities of third countries as 
well  as  the  relevant ^procedure  for 
amending 
ne££s_£3XY__ 

Commission 
the 
with 

decision 
; 

such 

the 

of 

a 

it 

18. 

2.  Member  States  shall  take  the  measures 
necessary to ensure that ships flying a third 
country  flag  with  crews  from  one or  more 
third  countries  which  have  ratified  the 
Convention  and they  have  not concluded an 
agreement with the Community, are inspected, 
as  a matter  of priority,  by the competent 
authority  of the port  state  to ensure  that 
training  and 
the  level  of  vocational 
competence of their crews meets the standards 
laid  down in the IMO's STCW  Convention. 

Seafarers  not  holding  a 
2. 
certificate provided for in Article 4, 
but  who  ssn&  on  bo_arjJ  a 
ship 
registered  in a Member  State mav be 
permitted  to  continue  to  serve  on 
ships registered in that Member State 
for  2  further  years  following  the 
definition  Of  the  common  criteria 
provided  for  in paragraph  1.  After 
that date, seafarers must hold either 
the type of certificate provided for 
bv  Article  4  or  a  certificate 
recognized  in  accordance  with the 
provisions of paragraph., 1 above.. 

3.  Member  States  shall  take  appropriate  steps, 

3.  uslstte. 

including  the detention  of a  ship,  if  the 
port authorities discover in the course of an 
inspection  that  crews are unable to provide 
proof  of professional  proficiency  for  the 
duties assigned to them on board the ship. 

Article 9a 

The  Member  States  shall  take  all 
necessary  measures  to  ensure  that 
ships  flving  the  flags  of  third 
countries which have not ratified the 
1978 IMO International Convention on 
Standards of Training,  Certification 
and  Watchkeeping  of  Seafarers,  or 
ships  flving  the  flags  of  third 
countries  which  have  a  master, 
officers 
ratings-'  holding 
certificates not recognized under the 
provisions pf_ Article 9 are inspected 
as a matter of priority T5y the" "port 
authorities  of  the  Member  States 
competent .'for  checking  whether 'the 
' level  of  vocational  training  and 
competence  of  the  above-mentioned 
seafarers  meet  the  requirements  of 
the  above-mentioned  International 
Convention and Article 7. 

and 

19. 

Article 9b 

The  Member  States  shall  take  the 
appropriate measures and shall impose 
the  appropriate  penalties  in  the 
event  that  the  competent  port 
authorities  of  the  Member  States 
establish  during an inspection  that 
the masters, officers..and ratings are 
unable to furnish proof of vocational 
competence for the duties assigned to 
them  relating  to  the  safety  of  the 
ship and  the prevention of pollution 
of the environment. 

Article 10 

1.  Member  States  shall  bring  into  force the 
laws. 
administrative 
provisions  necessary  to  comply  with  this 
Directive no later than 1 January 1995. 

regulations 

and 

2.  When  Member  States  adopt  these  provisions, 
they  shall  contain  a  reference  to  this 
Directive  or  shall  be accompanied  by  such 
reference  at  the  time  of  their  official 
publication.  The relevant procedure shall be 
adopted by Member States. 

3.  Member  States  communicate to the Commission 

the texts of the provisions they adopt in the 

field governed by this Directive. 

Article 11 

This Directive is addressed to the Member 
States. 
Done at Brussels. 
For the Council 

The President 

ISSN 0254-1475 

COM(94) 124  final 

DOCUMENTS 

EN 

07 04 

Catalogue number : CB-CO-94-132-ÈN-C 

ISBN 92-77-67333-8 

Office for Official Publications of the European Communities 
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