Amended proposal for a Council Directive amending Directive 94/58/EC on the minimum level of training of seafarers
Date: 1997-09-15
Institutions: European Commission
Subjects: crew, maritime shipping, professional qualifications, recognition of diplomas, vocational training

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels,  15.09.1997 
COM(97) 375  final 

96/0240  (SYN) 

Amended Proposal for a 

C O U N C IL  D I R E C T I VE 

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. 

In  compliance  with  Article  189  A,  paragraph  2,  of  the  Treaty, 

4. 
Commission  hereby  modifies  its proposal  accordingly. 

the 

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 
IMP 
been 
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; 

identified 

the 

by 

(Amendement 4) 
Recital 5b (new) 

in 
Whereas  Member  States  may, 
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 

Deleted 

in  order 

to  prepare 

Whereas 
the 
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 
the  revised  STCW 
July  1995  of 
Convention 
alia* 
inter 
WJÙCJL 
introduces  provisions  dealing  with  the 
recognition 
at 
of 
international  level; 

certificates 

(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 
its 
State 
legislation. 
not 
corresponding  to  this  definition  are 
assimilated  to  ships  flying  the  flag 
of  a third country; 

in  accordance  with 

Ships 

(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 
this 
into 
Directive. 

force  of 

(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 
in 
accordance  with  the  requirements  of 
this  Article,  shall  communicate  to  the 
the 
Commission 
provisions  to be adopted 

the  details 

required 

thereof 

of 

(Amendment  13) 
ARTICLE  1(3) 
Article 5b (new), paragraph 4 

is 

there 

located 

Penalties or disciplinary  measures 
4.  Member  States  within  whose 
jurisdiction 
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, 
to  any 
shall  extend 
subject 
Member 
to 
country  which 
reciprocity, 
advises  them  of  its  intention  to  initiate 
proceedings under  its jurisdiction. 

cooperation 
or, 

State 

third 

is 

there 

located 

responsible 

Penalties  or disciplinary  measures 
4.  Member  States  within  whose 
jurisdiction 
any 
company  which,  or  any  person  who, 
is  believed  on  clear  grounds  to  have 
been 
to  have 
knowledge  of,  any  apparent  non 
the  Directive 
compliance  with 
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. 

for  or 

(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) 

of 

third 

4.  Member  States undertake to: 
2)  make  available  information  on  the 
certificates, 
status 
such 
endorsements  and  dispensations 
to 
other  Member  States  or.  subject  to 
reciprocity. 
and 
companies  which  request  verification 
of 
the  authenticity  and  validity  of 
them  by 
certificates  produced 
seafarers  seeking  recognition  of  their 
certificates  under  the  provisions  of 
Article  9  or  employment  on  board 
ship. 

countries 

to 

of 

companies 

4.  Member  States undertake to: 
2)  make  available  information  on  the 
certificates, 
status 
such 
endorsements  and  dispensations 
to 
other  Member  States  or  third  countries 
and 
request 
the  authenticity  and 
verification  of 
validity  of  certificates  produced 
to 
them  by  seafarers  seeking  recognition 
of 
the 
certificates 
provisions  of  Article  9  or  employment 
on board  ship. 

which 

under 

their 

(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 
the 
safety  between  all  members  of 
ship" s  company,  particularly  with 
timely 
the  correct  and 
regard 
reception 
of 
and 
messages and  instructions." 

understanding 

to 

(Amendment  24) 
ARTICLE  l(4b)  (new) 
Article  8(lb)  (new) 

to 

or 

ships 

starting 

ensure 
in 

effective 
safety  matters, 

lb.  Pn  all  passenger  ships  flying  the 
flag  of  a  Member  State  and  on  all 
passenger 
and/or 
finishing  a  voyage  in  a  Member  State 
crew 
port, 
performance 
a 
working  language  is  established  and 
recorded  in  the  ship's  log  book.  The 
as 
company, 
appropriate, 
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 
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. 

the  master, 
determine 

language 

shall 

(Amendment  25) 
ARTICLE  l(4c)  (new) 
Article 8 (3) and (4) 

tankers,  chemical 
3.  Pn  board  oil 
tankers  and  liquefied  gas  tankers  flying 
the  flag  of  a Member  State,  the  master, 
to 
officers 
in  a 
communicate  with  each  other 
common working  language/languages. 

ratings  are  able 

and 

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) 

an 

completed 

1.5.3. 
approved 
Automatic  Radar  Plotting  Aid  (ARPA) 
simulator  course,  if  the  endorsement 
attesting  recognition  is  to  be  valid  for 
service  on ARPA equipped  ships, 

1.5.3.  for  services  which  so  require. 
an  approved  Automatic 
completed 
Radar  Plotting  Aid  (ARPA)  simulator 
course,  if  the  endorsement  attesting 
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 
which  establish  a  teaching,  study  and 
learning  environment  suited 
to  the 
approved  maritime 
conduct 
education  and 
training  programmes 
and courses, 

of 

study 

facilities  which  establish  a 
2.1.1. 
teaching, 
learning 
and 
environment  suited  to  the  conduct  of 
and 
education 
approved  maritime 
training programmes  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, 
the 
amendments 
subsequent 
international  codes 
in 
Article  4  (q),  (r),  and  (s)  which  have 
entered  into  force. 

referred 

to 

to 

to 

2.  Following  the  adoption  of  new 
the 
instruments  or  protocols 
STCW  Convention  referred  to  in 
Article 4 (xL  the Council,  acting  en 
a  proposal  from  the  Commission, 
shall decide,  taking  into account  the 
Member 
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. 

States' 

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, 
the 
amendments 
subsequent 
international  conventions  and  codes 
referred  to  in  Article  4  (p.)  (q),  (r), 
(u)r  (w).  (x)  and  (y)  which  have 
entered  into  force. 

to 

in  accordance  with 

2.  This  Directive  may  also  be 
amended 
the 
procedure  laid  down  in  Article  189c 
of the Treaty,  at 5-yearly  intervals,  in 
order  to  apply,  for  the  purposes  of 
the.  outcome  and 
this  Directive. 
recommendations  of  an  evaluation  of 
the 
procedures 
for 
and 
recognition  of  certificates  of 
third 
countries  referred  to in the article. 

criteria 

taking 

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 
the 
into 
decide, 
account 
Member 
parliamentary 
procedures,  as  well  as  the  relevant 
procedures  within  the  IMP,  on  the 
ratifying 
detailed  arrangements 
those  new  instruments  or  protocols, 
while  ensuring  that  they  are  applied 
uniformly  and  simultaneously  in  the 
Member  States. 

States' 

for 

(Amendment  32) 
ANNEX, 

ANNEX 

ANNEX  I 

1.  The  regulations  referred  to  in  this 
Annex 
the 
are  supplemented  by 
in 
mandatory  provisions  contained 
part  A  of  the  STCW  Code  as  adopted 
by  the IMP  Conference  of 26 June  - 7 
July  1995 as in force  at (1997). 

supplemented  by 

1.  The  regulations  referred  to  in  this 
the 
Annex  are 
in 
mandatory  provisions  contained 
part  A  of  the  STCW  Code  as  adopted 
by the IMP  Conference  of 26 June  - 7 
July  1995 as in force  at (1997). 

Deleted 

Deleted 

regulation 

1.  1.  any  reference  to a requirement  in 
a 
a 
also 
reference  to  the  corresponding  section 
of part A of the STCW  Code: 

constitutes 

1.  2.  in  applying  the  regulations,  the 
related  guidance 
an*!  explanatory 
material  contained  in  part  B  of  the 
STCW  Code  shall  be 
into 
account  to  the  greatest  degree  possible 
in  order  to  achieve  a  more  uniform 
the  Directive 
of 
implementation 
provisions, 

taken 

(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 
PF 
FPR  THE  RECPGNITIPN 
CERTIFICATES 
THIRD 
COUNTRIES 

OF 

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 
the  Maritime  Safety 
identified  bv 
International 
Committee 
Maritime  Organization 
as  having 
demonstrated  that  full  and  complete 
effect  is  given to the  provisions  of  the 
STCWConvention. 

the 

of 

3.  1 If the  requirement  of paragraph  2 
has  not  been  met,  the  third  country 
to  the  Member 
shall  communicate 
State  and,  if  appropriate,  to  the  IMPT 
information concerning: 

(a^ 
texts  of  laws,  decrees,  orders, 
regulations  and  instruments  relating  to 
the 
the  STCW 
Convention; 

implementation  of 

(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 
of 
certificate  issued  in  compliance  with 
the STCW  Convention: 

each 

type 

for 

(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: 

information 

(f) 
organization: 

on 

governmental 

(g)  a  concise  explanation  of  the  legal 
and  administrative  measures  provided 

taken 

and 
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 
the  STCW  Convention. 
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. 

include 

4.  1 The  Member  State  shall  confirm. 
all  necessary  measures. 
through 
inspection  of 
which  may 
facilities  and  procedures, 
the 
that 
requirements  concerning  the  standard 
and 
of 
endorsement 
and 
record-keeping  are 
fully  complied 
with  and  a  quality  standards  system 
has been  established. 

competence, 
of 

issue 
the 
certificates 

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. 

adopt 

through 

5.  Member  States, 
the 
procedure  laid  down  in  Article  13. 
shall 
list 
third 
containing 
countries  where,  in  addition  to  the 
procedure  referred 
to  in  paragraph 
3.2.  the  inspection  of  facilities  and 

and  update 
names 

the 

of 

a 

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, 

Certificates 

presented 
bear. 

for 
7. 
he 
must 
recognition 
accompanied  by.  or  incorporate 
in 
their  wording  a  valid  endorsement 
the  above 
attesting 
party, 

issue  by 

their 

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 
endorsements 
ami 
issued  by  a  Member  State  under  the 
in 
provisions 
of 
the 
recognition  Q£ 
recognition  of.  a  certificate  issued  by 
a  third  country,  mav  not  be  used  as 
the  basis  for  further  recognition  bv 
another Member State. 

this  Annex 
01  attesting 

13 

ISSN 0254-1475 

COM(97) 375 final 

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