Opinion of the Commission on the amendments proposed by the European Parliament to the Council's common position on the proposal for a Council Directive amending Directive 94/58/EC on the minimum level of training of seafarers
Date: 1998-03-25
Institutions: European Commission
Subjects: application of EU law, crew, level of education, patent, vocational training

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 25.03.1998 

COM(1998) 195  final 

96/0240 (SYN) 

OPINION OF THE COMMISSION 
on the amendments proposed by the European Parliament 
to the Council's common position on the 

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 c (d) of the EC Treaty) 

OriNlOIilllLlllEJQQMMIJ&IQN 

on the amendments proposed  by the European  Parliament 
to the Council's common  position 
on the proposal  for a 

COUNCIL  D I K I C N V I; 

amending  Directive 94/58/EC on the minimum  level of training of  seafarers 

(presented  by the Commission pursuant to Article  189 c (d) of the EC Treaty) 

At  its plenary  session of 28-29 January  1998, the European parliament  approved,  subject 
to  a number  of  amendments,  the text  of the common position  adopted  by the Council  on 
20  October  1997  with  in  view  to  adopting  Council  Directive  98/.../EC  of...  amending 
Directive 94/58/EC  on the minimum  level of training of  seafarers. 

Parliament's  three amendments  are given  in annex. 

Pursuant  lo  Article  189  c  (d)  of  the  \iC  Treaty,  the  Commission  has  re-examined  its 
proposal  and  decided  not  to accept  the amendments  for  the following  reasons: 

Amendment  n°  I  is  not  necessary  since  the  wording  of  Article  5d(l)  proposed  by  the 
Council  is  exactly  reflecting  the  text  of  Regulation  1/9  -  paragraph  1  of  the  revised 
STCW  95.  Therefore  in  accordance  with  the  principle  to  stick  to  the  provisions  of  the 
STCW 95 the text as it stands  is  sufficient. 

Amendment  n°  2 adds  to  paragraph  4  of  article  5h a text  which  is taken  from  the  non-
mandatory  Part  B  of  the  STCW  Code  which  serves  as  a  guidance  to  national 
Administrations.The  text,  as  it  stands  in the  common  position,  corresponds  to  section A 
VIII/1/3 and  the addition  requested  by this amendment  corresponds  to B VIII/1/1.  In the 
previous  discussions  in  the  Parliament  and  the  Council  it  has  been  agreed  that  the 
recommended  part  B of the Code  should  not become  mandatory  under  the Articles of the 
amending  Directive.  The question  of  the  non-mandatory  guidance  is dealt  in  recital  7 of 
the Common  position  which  refers  to Part  B of the STCW. 

Amendment  n°  3  deals  with  the  watchkeeping  provisions  which  are  not  part  of  the 
existing  Directive  94/58.  As  discussed  in  the  context  of  the  global  compromise  in  the 
Council  it was  agreed  to maintain  the  spirit  of  Directive  94/58  dealing  with  training  and 
certification  standards  of  seafarers. 

However  article  5h  (fitness  for  duty)  of the common  position  includes  the  main  issue of 
the watchkeeping  provisions dealing  with the rest periods of watchkeepers. 

Accordingly,  the  Commission  confirms  its  agreement  with  the  Council's  common 
position of 20 October  1997. 

O J C 3 8 9,  22.12.1997,  p. 1 

EUROPEAN  PARLIAMENT 

22 January  1998 

A4-0411/1 

AMENDMENT  1 
tabled  by the Committee  on Transport  and  Tourism 

RECOMMENDATION  FOR  SECOND  READING 
Rapporteur:  Mr  Parodi 

(A4-0411/97) 

MINIMUM  LEVEL  OF TRAINING  FOR  SEAFARERS 

Common  position  of the  Council 
(C4-0563/97  -  96/0240(SYN)) 

Co nun on  position  of  the  Council 

Amendment 

(Amendment  1) 
ARTICLE  1(4) 
Article  5d(l)  (Directive  94/58/EC) 

1.  Member  States  shall  establish  standards 
of  medical  fitness  for  seafarers,  particularly 
regarding  eyesight  and  hearing 

1.  Member States shall establish standards  of 
medical  fitness  for  seafarers,  particularly 
regarding eyesight  and  hearing, appropriate  to 
the functions,  responsibilities  and  duties  to  be 
carried out under the  highest  safety  standards. 

G:\AMEND\A4-97\A4-04 1  1  97\001 -003  en 

PE 266  020/1 
Or  en 

3 

EUROPEAN  PARLIAMENT 

22  January  I99X 

A4-0411/2 

AMENDMENT  2 
tabled  by the Committee on Transport  and  Tourism 

RECOMMENDATION  FOR  SECOND  READING 
Rapporteur:  Mr  Parodi 

(A4-0411/97) 

MINIMUM  LEVEL  OF TRAINING  FOR  SEAFARERS 

Common  position  of the  Council 
(C4-0563/97  -  96/0240(SYN)) 

Common  position  of  the  Council 

A mend men t 

(Amendment  2) 
ARTICLE  1(4) 
Article  5h(4)  (Directive  94/58/EC) 

4.  The  requirements  for  rest  periods  laid 
down  in  paragraphs  1  and  2  need  not  be 
maintained  in  the  event  of  an  emergency  or 
drill  or 
in  other  overriding  operational 
conditions. 

4.  The  requirements  for  rest  periods  laid 
down  in  paragraphs  1  and  2  need  not  be 
maintained  in  the  event  of  an  emergency  or 
drill  or 
in  other  overriding  operational 
conditions  which  could  not  reasonably  have 
been  anticipated  at  the commencement  of the 
voyage. 

G\AMENI)\A4-97\A4-04I  1.97X001-003 en 

Y 

Pit  266  020/2 
Or  en 

EUROPEAN  PARLIAMENT 

11  Januaiy  1998 

A4-0411/3 

AMENDMENT  3 
tabled  by the Committee  on  Transport  and  Tourism 

RECOMMENDATION  FOR  SECOND  RI-ADING 
Rapporteur:  Mr  Parodi 

(A4-0411/97) 

MINIMUM  LEVEL  OF TRAINING  FOR  SEAFARERS 

Common  position  of the  Council 
(C4-0563/97 -  96/0240(SYN)) 

Common  position  of  the  Council 

Amendment 

(Amendment  3) 
ARTICLE  1(4) 
Article  5h (2a)  (new) (Directive  94/58/EC) 

The  following  new  paragraph  2a  is added: 

"2a.  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 
n a v iga t ion a 1  watch  and  after  a  proper 
hand over o f the wa t ch ha s JbecjiL completed " 

G:\AMEND\A4-97\A4-04  I 1  97\001 -003  en 

PE  266.020/3 
Or  en 

sT 

ISSN 0254-1475 

COM(98)  195 final 

DOCUMENTS 

EN 

01  07  10 

Catalogue  number  :  CB-CO-98-205-EN-C 

ISBN  92-78-32632-1 

Office  for Official  Publications of the European Communities 

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