Proposal for a Directive of the European Parliament and of the Council amending European Parliament and Council Directive 2001/25/EC on the minimum level of training of seafarers
Date: 2003-01-13
Institutions: European Commission
Subjects: diploma, recognition of diplomas, shipping policy, third country, vocational training

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 13.1.2003
COM(2003) 1 final

2003/0001 (COD)

Proposal for a

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

amending European Parliament and Council Directive 2001/25/EC on the minimum
level of training of seafarers

(presented by the Commission)

EXPLANATORY MEMORANDUM

1.

BACKGROUND AND OBJECTIVES

In view of the vital  role of maritime training  to  preserve safety at  sea  and  protection  of  the
marine  environment,  the  European  Commission  proposed  in  1993  a  Directive  to  ensure  the
simultaneous  and  homogeneous  application  within  the  European  Union  of  the  international
training  and  certification  requirements  adopted  by  the  International  Maritime  Organisation
(IMO)  within  the  Convention  on  Standards  of  Training,  Certification  and  Watchkeeping,
adopted in 1978 (STCW Convention). Directive 94/58/EC was subsequently adopted by the
Council on 22 November 19941.

Following  the  revision  of  the  STCW  Convention  in  1995,  the  Directive  was  substantially
amended following a proposal presented by the Commission in 1996, which was subsequently
adopted by the Council on 25 May 19982. The purpose of the revision was to bring in the new
requirements  introduced  in  the  STCW  Convention,  and  in  particular  to  establish  a  specific
procedure and criteria for the recognition by the Member States of certificates of competency
issued by third countries. The overall objective of the procedure was to make sure that non-
Community  seafarers  are  trained  as  a  minimum  according  to  the  international  training
requirements imposed by the STCW Convention.

For reasons of  clarity  of  these  provisions,  the  Commission  proposed  in  2000  the  legislative
consolidation  of  Directive  94/58/EC.  Directive  2001/25/EC  was  therefore  adopted  by  the
European  Parliament  and  the  Council  on  4  April  20013.  This  Directive  superseded  the  two
previous Directives incorporated in it, while it fully preserved their substance and content.

Article  22  paragraph  2  of  the  consolidated  Directive  provides  for  the  revision  of  the
procedures and criteria contained in Annex II to the Directive, which have  to be  applied  by
the Member States in order to recognise,  by  endorsement,  certificates of competency issued
by  thirds  countries.  According  to  the  terms  of  the  Directive,  any  amendment  of  this  Annex
has  to  be  decided  by  the  Council  and  the  European  Parliament  on  the  basis  of  a  proposal
submitted by the Commission, before 25 May 2003.

In this context and in view of the problems emerged in the application of the provisions of the
Directive related to the procedure for the recognition of certificates issued by third countries,
the Commission considers that this procedure should be simplified and amended. The purpose
of  this  revision  is  to  set  up  at  Community  level  an  efficient  and  reliable  system  for  the
recognition of certificates of competency issued outside the European Union, designed for the
recruitment of proficient third countries’ crews on board Community ships.

Moreover, the Commission  believes that it is  appropriate  to  bring  the  Directive in line with
the  international  Conventions  laying  down  language  requirements  for  certification  of
seafarers, as well as for communication between the ship and the shore-based authorities.

1

2

3

OJ L 319, 12.12.1994.
Council Directive 98/35/EC  of  25  May  1998  amending  Directive  94/58/EC  on  the  minimum  level  of
training of seafarers, OJ L 172, 17.6.1998.
OJ L 136, 18.5.2001

2

                                                
This  proposal  for  a  Directive  puts  forward  an  amendment  to  Directive  2001/25/EC  in  the
following way, to:

•  Improve,  strengthen  and  simplify  the  current  procedure  for  the  recognition  of  certificates
issued  by  third  countries,  by  introducing  a  system  of  Community-wide  recognition  of  third
countries complying with the minimum requirements of the STCW Convention;

•  Introduce  specific  procedures  for  the  extension  and  withdrawal  of  the  Community-wide
recognition of third countries, as well as the continuous monitoring of compliance of the third
countries with the relevant requirements of the STCW Convention;

•  Update  the  Directive  as  regards  language  requirements  for  certification  of  seafarers  and
communication  between  the  ship  and  the  shore-based  authorities,  in  line  with  the  relevant
requirements of the STCW Convention and the International Convention for the safety of life
at sea, 1974, as amended (SOLAS Convention);

• Provide for specific amendment procedures for adapting the Directive to future changes in
Community law.

2.

JUSTIFICATION FOR THE PROPOSED MEASURE

The  Directive  establishes  a  procedure  for  the  recognition  of  certificates  of  competency  of
seafarers, which are issued by third countries. According to this procedure, seafarers holding
such certificates may be allowed to serve on board ships flying the flag of a Member State,
provided  a  decision  has  been  taken  through  the  procedure  stipulated  by  the  directive.  This
means that the application of the procedure is an indispensable condition for the recruitment
of a non-Community seafarer on board any Community ship. The implementation application
of this procedure proved particularly difficult and several interpretation problems emerged all
through its application.

In conformity with the current procedure, when a Member State recognises by endorsement a
certificate  issued  by  a  third  country,  it  is  required  to  notify  the  Commission  -after  having
verified whether a third country complies with the requirements of the STCW Convention- of
the certificates it has recognised or intends to recognise. The Commission informs the other
Member  States  about  the  notification  submitted.  On  the  basis  of  this  notification,  the
Commission  and  the  Member  States  have  to  assess  the  matter  and  may  raise  an  objection
concerning  the  decision  for  the  recognition,  in  which  case  the  matter  is  referred  by  the
Commission  to  the  procedure  provided  for  in  Article  23,  paragraph  2  of  the  Directive
“comitology procedure”.

One of the main problems identified during the application of the relevant provisions of the
Directive is the lack of a definition of the content of the notifications, which are submitted by
the  Member  States  to  the  Commission.  Hence,  the  content  of  the  notifications  varied
considerably among the Member States submissions and thus  the  assessment  carried  out  by
the Commission and the Member States was not always conducted on the same basis.

Furthermore,  as  explained  above,  no  individual  recognition  of  certificates  can  be  finally
validated  without  being  approved  through  the  procedure  laid  down  by  the  Directive.  A
separate  decision  is,  therefore,  required  for  each  Member  State  that  intends  to  recognise  a
certificate  issued  by  a  third  country.  It  is  an  individual  decision  linking  only  the  applicant
Member State. This means that another Member State, wishing to recognise certificates issued

3

by  the  same  country,  has  to  carry  out  its  own  assessment  and  submit  the  case  for  approval
through the procedure.

It is therefore clear that a new assessment exercise has to be performed over and again by the
Commission and the Member States for the same third country. This undoubtedly involves an
unnecessary burden for the competent administrations in the Member States and the services
of the Commission.

In  light  of  the  above,  the  Commission  believes  that  compliance  of  third  countries  with  the
international  maritime  training  and  certification  requirements  can  be  assessed  more
effectively  in  a  harmonised  and  centralised  manner.  The  Commission  is,  therefore,  of  the
view  that  the  shortcomings  of  the  current  procedure  can  be  addressed  through  a  system  of
Community-wide  recognition  of  third  countries,  along  the  lines  of  the  requirements  of  the
STCW Convention.

The  new  procedure  proposed  by  the  Commission  (as  specified  under  point  4.3  below),  is
based on the recognition of a third country, following the evaluation of maritime training and
certification  systems,  rather  than  the  recognition  of  an  individual  certificate,  as  is  the  case
under  the  current  procedure.  According  to  the  proposed  procedure,  the  evaluation  of  the
Member  States’  requests  for  recognition  shall  be  carried  out  by  the  Commission,  with  the
assistance of the European Maritime Safety Agency (the Agency). Following this assessment,
the decision on the  recognition  shall  be  taken  by  the  Commission,  through  the  “comitology
procedure”,  and  will  be  valid  for  five  years.  Decisions  on  the  recognition  of  certificates  of
competency, which have been adopted in accordance with the current procedure, shall remain
valid.

The  recognition  will  thus  be  a  global  Community-wide  recognition  of  a  third  country’s
systems and procedures. According to the Community approach, the decision, which will be
taken at  Community  level,  will  then  form  the  basis  for  the  Member  States’  to  recognise  by
endorsement certificates from this country without further evaluation.

It is, thus, clear  that  the proposed  amendments  will  prevent  duplication  of  evaluation  work,
while  ensuring  a  professional  scrutiny  of  compliance  with  international  requirements.  Since
the  decisions  on  the  recognition  will  be  valid  throughout  the  Community,  no  further
evaluation  work  will  need  to  be  performed  by  the  other  Member  States’  administrations.
These amendments are therefore justified.

Moreover,  the  current  rules  do  not  provide  for  a  system  allowing  for  the  follow  up  of  the
decisions  taken  trough  the  procedure  and  the  monitoring  of  the  third  countries  of  origin  of
seafarers who are to be recruited on board Community ships. The Commission considers that
in  order  to  ensure  at  all  times  that  seafarers  holding  certificates  from  third  countries  are
trained and certified according to the international requirements, it is appropriate to provide
for a flexible system, which is able to respond and to take prompt action with regard to any
unpredictable  change  of  the  situation  in  a  third  country.  Extension  and  withdrawal  of
recognitions will need to be provided for in this respect. In addition, the regular monitoring of
the recognised countries, through the frequent evaluation of compliance in a centralised and
professional  manner  will  permit  to  confirm  whether  the  level  of  compliance  in  the  third
country  is  maintained.  The  Agency  can  play  a  key  role  in  the  evaluation  work  involved  in
both cases.

4

Furthermore,  the  Commission  believes  that  it  is  appropriate  to  supplement  the  existing
provisions  of  the  Directive  concerning  the  language  requirements  for  certificates  of
competency  issued  by  the  Member  States,  as  well  as  endorsements  attesting  the  issue  of
certificates,  with  the  relevant  requirements  of  the  STCW  Convention  to  ensure  consistency
with  the  Convention’s  relevant  prerequisites,  and  update  the  existing  provisions  of  the
Directive related to language requirements concerning the communications between the ship
and  the  land-based  authorities,  in  line  with  the  relevant  requirements  of  the  SOLAS
Convention.

Finally, it is necessary to ensure that the Directive is made flexible to update certain articles in
relation to future developments in Community legislation.

3.

CONTENT OF THE PROPOSAL

The  proposal  contains  one  article  specifying  the  proposed  modifications  to  the  existing
provisions  of  the  Directive  and  three  other  articles  ensuring  the  applicability  of  the  new
requirements and their implementation into national law.

4.

4.1.

SPECIFIC CONSIDERATIONS

Language requirements for the certificates and endorsements attesting the issue
of a certificate (Article 1. 1 and 2.)

Directive  2001/25/CE  provides  that  certificates  of  competency  have  to  be  issued  in  the
official language(s) of the issuing country, while it does not contain any provisions as regards
the language to be used for the endorsements issued by the Member States to attest the issue
of  national  certificates.  In  order  to  ensure  consistency  with  the  international  certification
requirements,  the  Commission  proposes  to  insert  in  the  existing  relevant  provisions  of  the
Directive a reference to the relevant requirements of the STCW Convention4.

4.2.

Language  requirements  for  the  communications  between  the  ship  and  the
shore-based authorities (Article 1.3).

The current provisions of the Directive provide that communication between the ship and the
shore-based authorities is conducted either in a common language or in the language of these
authorities.  In  order  to  ensure  consistency  with  the  international  requirements,  the
Commission  proposes  to  update  the  existing  provisions  of  the  Directive,  by  inserting  a
reference to the relevant requirements of the SOLAS Convention5.

4

5

Regulation  I/2,  paragraph  1,  and  Article  VI,  paragraph  1  of  the  STCW  Convention  require  the
translation of certificates and endorsements into English in case the original language is not English: “If
the  language  used  is  not  English,  the  text  [the  endorsement]  shall  include  a  translation  into  that
language”.
Regulation 14, paragraph 4, of chapter V of the SOLAS Convention prescribes that “…English shall be
used on the bridge as the working language for …bridge-to-shore safety communications…unless those
directly involved in the communication speak a common language other than English”. This provision
entered into force on 1 July 2002.

5

                                                
4.3.

Procedure  for  the  recognition  of  appropriate  certificates  of  competency  issued
by third countries (Article 1.4)

In  view  of  the  problems  encountered  in  the  application  of  the  current  procedure  for  the
recognition  of  certificates  issued  by  third  labour  supplying  countries,  the  Commission
proposes  a  new  centralised  and  harmonised  method  leading  to  a  Community-  wide
recognition of third countries. The proposed procedure is the following:

When  a  Member  State  intends  to  recognise  by  endorsement  certificates  issued  by  a  third
country,  it  submits  a  request  for  recognition  to  the  Commission.  The  request  contains
evidence  of  the  compliance  with  the  criteria  set  out  in  Annex  II,  part  A  of  the  proposal.
Subsequently, the Commission, assisted by the Agency, performs the  evaluation of the third
country’s  maritime  training  and  certification  systems.  This  evaluation  takes  due  account  of
the information provided by the Member State, requesting the recognition, on the compliance
of the third country with the criteria stipulated in the Annex. The decision on the recognition
of the third country is taken by the Commission on the basis of the “comitology procedure”,
within three months as from the motivated submission of the Member State.

If the recognition of a third country is granted through this procedure, the relevant decision is
valid throughout the Community for a period of five years. Member States wishing to endorse
appropriate certificates issued by this same country may proceed to the endorsements without
further  evaluation  on  the  third  country’s  performance,  or  further  submission  to  the
Commission.

4.4.

Procedure for the extension of the recognition (Article 1.5, new Article 18a)

Considering that the Directive does not contain any requirements regarding the validity period
of  the  recognition  of  certificates  or  the  follow-up  of  the  relevant  decisions  taken  by  the
Member  States  through  the  common  procedure,  the  Commission  proposes  a  specific
procedure for the extension, when appropriate, of the decisions on the recognition.

The initiative is taken by the Commission before expiry of the validity period for each third
country  for  which  recognition  is  granted  through  the  new  procedure.  The  Commission,
assisted  by  the  Agency,  reassesses  the  recognition  of  the  third  country,  on  the  basis  of  any
information regarding the third country’s compliance with the requirements of the Convention
since the previous decision, as well as the results of the regular assessment carried out by the
Commission every five years (see below under point 4.6)

The  decision  on  the  extension  of  the  recognition  is  taken  by  the  Commission  through  the
“comitology procedure”, at the latest one month before the expiry of the validity period of the
recognition.

4.5.

Procedure for the withdrawal of the recognition (Article 1.5, new Article 18b)

Experience  showed  that  maritime  training  and  certification  systems  and  procedures  in  third
countries  may  vary  considerably  over  a  very  short  span  of  time.  Hence,  the  proposal
introduces  a  procedure  for  the  withdrawal  of  the  recognition  of  third  countries  that  do  not
comply thoroughly with the requirements of the STCW Convention.

The  withdrawal  of  a  third  country’s  recognition  occurs  when  there  are  clear  grounds  about
non-compliance of the third country’s training and certification systems with the requirements
of  the  STCW  Convention.  The  initiative  comes  from  a  Member  State,  or  the  Commission,

6

when there are substantial reasons to believe that a recognised third country does not respect
anymore the requirements of the Convention.

In case the initiative comes from a Member State, the  Member State concerned informs the
Commission  and  the  other  Member  States  of  its  decision  to  withdraw  the  recognition
endorsements of certificates issued by the third country by giving substantiated reasons on its
decision.  The  Commission,  assisted  by  the  Agency,  examines  the  case  and  refers  it  to  the
“comitology  procedure”.  The  decision  has  to  be  taken  within  two  months  from  the  day  the
Member State in  question informed the  Commission  and  the  other  Member  States  about  its
decision  to  withdraw  the  relevant  endorsements.  When  the  initiative  is  taken  by  the
Commission,  the  case  is  likewise  referred  to  the  “comitology  procedure”  for  consideration
and appropriate action.

4.6.

Regular  monitoring  of  the  compliance  of  the  recognised  third  countries
(Article 1.5, new Article 18c)

This  Article  introduces  a  the  regular  monitoring  of  the  third  countries  to  which  recognition
has been granted, in order to verify whether training and certification systems and procedures
are  in  line  with  the  relevant  requirements  of  the  STCW  Convention.  According  to  the
Community-wide approach, this regular re-evaluation is conducted by the Commission, with
the  assistance  of  the  Agency.  It  is  carried  out  at  least  every  five  years  from  the  date  of  a
decision on the recognition of the individual third countries. The results of this assessment are
presented in a report, which the Commission addresses to the Member States.

4.7.

Amendment procedures (Article 1.6)

This Article introduces to the Directive an  amendment procedure for  adapting its provisions
to  any  pertinent  future  changes  in  Community  law.  Any  such  amendment  will  have  to  be
agreed trough the “comitology procedure”.

4.8.

Criteria for the recognition of third countries (Article 1.7)

Annex II to the Directive prescribes two sets of procedures and criteria: a. the procedures and
criteria  relating  to  the  recognition  of  certificates  and  b.  the  criteria  for  the  accreditation  or
approval of maritime training institutes and maritime education and training programmes and
courses in  the  third  countries. The  Directive requires the  application of all these  procedures
and criteria for the recognition of certificates issued by third countries.

Considering the administrative and financial burden involved in the evaluation of individual
maritime institutes in third countries, the Commission proposes the removal of these criteria
from  the  Directive.  As  explained  above,  according  to  the  proposed  new  procedure,  the
recognition  is  granted  to  a  third  country,  following  evaluation  of  its  maritime  systems  and
procedures.  The  recognition  covers,  therefore,  all  the  maritime  training  institutes  accredited
by  the  third  country,  and  thus  there  is  no  need  to  require  the  individual  approval  by  the
Member States of individual schools.The criteria for the recognition of certificates issued by
third countries are nonetheless maintained in the proposal.

7

2003/0001 (COD)

Proposal for a

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

amending European Parliament and Council Directive 2001/25/EC on the minimum
level of training of seafarers

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION

Having  regard  to  the  Treaty  establishing  the  European  Community,  and  in  particular
Article 80(2) thereof,

Having regard to the proposal from the Commission6,

Having regard to the opinion of the Economic and Social Committee7,

Having regard to the opinion of the Committee of the Regions8,

Acting in accordance with the procedure laid down in Article 251 of the Treaty9,

Whereas:

(1) 

(2) 

(3) 

Directive 2001/25/EC of the European Parliament and of the Council of 4 April 2001
on the minimum level of training of seafarers10defines minimum training, certification
and  watchkeeping  standards  for  seafarers serving  on  board  Community  ships.  Those
standards are based on the standards agreed in the International Maritime Organisation
(IMO)  Convention  on  Standards  of  Training,  Certification  and  Watchkeeping  for
Seafarers, 1978, as amended (“the STCW Convention”).

It is essential to ensure that seafarers holding certificates issued by third countries and
serving  on  board  Community  ships  have  a  level  of  competence  equivalent  to  that
required by the Convention. Directive 2001/25/EC lays down procedures and common
criteria  for  the  recognition  by  the  Member  States  of  certificates  issued  by  third
countries.

Directive 2001/25/EC provides for the reassessment of the procedures and criteria for
the recognition of  certificates issued by  third countries and the approval of maritime
training institutes and maritime education and training programmes and courses, in the
light of the experience gained in applying the Directive.

6

7

8

9

10

OJ C …, …, p. …
OJ C …, …, p. …
OJ C …, …, p. …
OJ C …, …, p. …
OJ L 136, 18.5.2001, p. 136.

8

                                                
(4) 

(5) 

(6) 

(7) 

(8) 

(9) 

The  practical  implementation  of  Directive  2001/25/EC  has  shown  that  some
adjustments  to  those  procedures  and  criteria  could  contribute  greatly  towards  the
reliability of the system of recognition, while simplifying the monitoring and reporting
obligations imposed on Member States.

Compliance  of  third  countries  with  the  provisions  of  the  STCW  Convention  can  be
assessed more effectively in a harmonised manner. The Commission should therefore
be entrusted with this task on behalf of the whole Community.

In order to ensure that a  country which is recognised continues to comply  fully  with
the  requirements  of  the  STCW  Convention,  the  recognition  should  be  reviewed
regularly  and  extended  if  appropriate.  The  recognition  of  a  third  country  not
complying with the requirements of the STCW Convention should be withdrawn until
deficiencies are redressed.

Decisions  to  extend  or  withdraw  recognition  can  be  taken  more  effectively  in  a
harmonised  and  centralised  manner,  at  Community  level.  The  Commission  should
therefore be entrusted with these tasks on behalf of the whole Community.

The continuous monitoring of the compliance of the recognised third countries can be
carried out more effectively in a harmonised and centralised manner.

One of the tasks assigned to the European Maritime Safety Agency (the Agency) is to
assist  the  Commission  in  the  performance  of  any  task  assigned  to  it  by  Community
legislation applicable to training, certification and watchkeeping of ships’crews.

(10)  The  Agency  should  therefore  assist  the  Commission  in  the  performance  of  its  tasks
relating to the granting, the extension and withdrawal of recognition of third countries.
It should also assist the Commission in the monitoring of third countries’ compliance
with the requirements of the STCW Convention.

(11)  The  STCW  Convention  specifies 

language  requirements  for  certificates  and
endorsements attesting the issue of a certificate. The existing provisions of Directive
2001/25/EC  should  be  brought  into  line  with  the  relevant  requirements  of  the
Convention.

(12)  The International Convention for the safety of life at sea, 1974, as amended (SOLAS
Convention) 
safety
communications.  Directive  2001/25/EC  should  be  updated  in  accordance  with  the
recent recent amendments to that Convention, which entered into force on 1 July 2002.

for  bridge-to-shore 

requirements 

lays  down 

language 

(13) 

It is necessary to provide for procedures for adapting this Directive to future changes
in Community law.

(14)  Directive 2001/25/EC should be amended accordingly,

9

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Directive 2001/25/EC is amended as follows:

(1) Article 5 is amended as follows:

(a) paragraph 3 is replaced by the following :

“3. Certificates shall be issued in accordance with Regulation I/2, paragraph 1 of the STCW
Convention.”

(b) in paragraph 5 the following sentence is added:

“Endorsements  shall  be  issued  in  accordance  with  Article  VI,  paragraph  2  of  the  STCW
Convention.”

(2) In Article 17, paragraph (e) is replaced by the following:

“  (e)  There  are  adequate  means  for  communication  between  the  ship  and  the  shore-based
authorities.  These  communications  shall  be  conducted  in  accordance  with  Chapter  V,
Regulation 14, paragraph 4 of the SOLAS Convention.”

(3) In Article 18, paragraph 3 is replaced by the following:

“3. Seafarers  who do not  possess  the  certificates  referred  to  in  Article  4  may  be  allowed  to
serve on ships flying  the  flag  of  a  Member  State, provided  a decision on the recognition  of
their appropriate certificates has been adopted through the procedure set out below:

(a)  A  Member  State  which  intends  to  recognise,  by  endorsement,  appropriate  certificates
issued by a third country to a master, officer or radio operator, for service on ships flying its
flag,  shall  submit  a  request  for  recognition  of  that  third  country  to  the  Commission
accompanied by  complete  information on, and evidence of,  compliance  with  the  criteria  set
out in Annex II.

The Commission,  assisted  by  the  Agency,  shall  carry  out  an  assessment  of  the  training  and
certification systems in the third country for which the request for recognition was submitted,
in  order  to  verify  whether  the  country  concerned  meets  all  the  requirements  of  the  STCW
Convention.

(b) The decision on the recognition of  a third  country  shall  be  taken  by  the  Commission  in
accordance with the procedure referred to in Article 23 (2), within three months from the date
of  the  request  for  recognition.  If  granted,  the  recognition  shall  be  valid  for  a  period  of  five
years.  The  Member  State  that  submitted  the  request  shall  take  appropriate  measures  to
implement the decision.

(c) A Member State may decide, with respect to ships flying its flag, to  endorse  certificates
issued by the third countries recognised by the Commission.

10

(d) When a third country has been recognised by the Commisson , and if, after the completion
of its evaluation the Maritime Safety Committee of the IMO has not been able to identify the
third country as having demonstrated that full and complete effect is given to the provisions
of  the  STCW  Convention,  the  Commission  shall  reassess  the  recognition  of  that  country  in
accordance  with  the  procedure  referred  to  in  Article  23  (2).  The  Member  States  concerned
shall  take  appropriate  measures  to  implement  the  decision  taken  in  accordance  with  that
procedure.

(e)  The  Commission  shall  draw  up  and  update  a  list  of  the  third  countries  that  have  been
recognised . The list shall be published in the Official Journal of the European Communities,
C Series.”

(4). The following Articles 18a, 18b and 18c are inserted:

“Article 18a

Before  the  end  of  the  period  of  validity  referred  to  in  Article  18  (3)  (b),  the  Commission,
assisted by the Agency, shall reassess the recognition of the third country concerned, in order
to verify whether that country continuous to fulfil the requirements of the STCW Convention,
and determine whether the recognition should be extended.

In deciding whether to extend the recognition of a third  country, the Commission shall take
into account any information regarding that country’s compliance with the STCW Convention
and in particular the results of the assessment carried out by  the  Commission in accordance
with  Article  18c  (1).  Account  shall  also  be  taken  of  reports  provided  pursuant  to
Article 18c (3).

The  decision  on  the  extension  of  the  recognition  shall  be  taken  in  accordance  with  the
procedure referred to in Article 23 (2) at the latest one month before the expiry of the period
of validity of the recognition.

Article 18b

1. Notwithstanding the criteria specified in Annex II, section A, when a Member State or the
Commission  consider  that  a  recognised  third  country  no  longer  complies  with  the
requirements  of  the  STCW  Convention,  the  Commission  shall  refer  the  matter  to  the
Committee referred to in Article 23.

2. When a Member State withdraws the endorsements of certificates issued by a third country
it  shall  without  delay  inform  the  Commission  and  the  other  Member  States  of  its  decision,
giving substantiated reasons therefor.

3. The Commission, assisted by the Agency, shall reassess the recognition of the third country
concerned in order to verify whether that country failed to comply with the  requirements of
the STCW Convention.

4.  The  decision  on  the  withdrawal  of  the  recognition  shall  be  taken  in  accordance  with  the
procedure referred to in Article 23 (2), within two months from the date of the communication
made by the Member State. The Member States concerned shall take appropriate measures to
implement the decision.

11

Article 18c

1.  The  third  countries  that  have  been  recognised  under  the  procedure  referred  to  in
Article 18 (3) (b) shall be assessed by the Commission, with the assistance of the Agency, on
a regular basis and at least every five years to verify that they fulfil the relevant criteria set out
in Annex II.

2.  In  selecting  the  third  countries  for  assessment,  the  Commission  shall  pay  particular
attention  to  performance  data  provided  by  the  Port  State  control  pursuant  to  Article  20,  as
well as the reports carried out pursuant to section A-I/7 of the STCW Code.

3.  The  Commission  shall  provide  the  Member  States  with  a  report  on  the  results  of  the
assessment.”

(5) In Article 22 (1) the following sentence is added :

“This  Directive  may  also  be  amended  in  accordance  with  the  same  procedure  in  order  to
apply,  for  the  purposes  of  this  Directive,  any  relevant  amendments  to  Community
legislation”.

(6) Annex II is amended in accordance with the Annex to this Directive.

Article 2

Member  States  shall  bring  into  force  the  laws,  regulations  and  administrative  provisions
necessary to comply with this Directive by [...] at the latest. They shall forthwith inform the
Commission thereof.

When Member States adopt those provisions, they shall contain a reference to this Directive
or be accompanied by such a reference on the occasion of their official publication. Member
States shall determine how such reference is to be made.

This Directive shall enter into force on the day following that of its publication in the Official
Journal of the European Communities.

Article 3

Article 4

This Directive is addressed to the Member States.

Done at Brussels,

For the European Parliament
The President

For the Council
The President

12

ANNEX

Annex II to Directive 2001/25/EC is replaced by the following:

“ANNEX II

CRITERIA FOR THE RECOGNITION OF THIRD COUNTRIES THAT HAVE ISSUED A
CERTIFICATE  OR  UNDER  THE  AUTHORITY  OF  WHICH  WAS  ISSUED  A
CERTIFICATE, REFERRED TO IN ARTICLE 18 (3) (a)

A.  Third  countries  confirmed  by  the  Maritime  Safety  Committee  of  the  IMO  to  have
communicated information, which demonstrates that full and complete effect is given to the
relevant provisions of the STCW Convention

1. The third country must be a Party to the STCW Convention.

2. The third country must have been identified by the Maritime Safety Committee as having
demonstrated  that  full  and  complete  effect  is  given  to  the  provisions  of  the  STCW
Convention.

3.  The  Member  State  must  have  confirmed,  through  all  necessary  measures,  which  may
include  the  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  that  a  quality  standards  system  has  been  established  pursuant  to
Regulation I/8 of the STCW Convention.

4.  The  Member  State  is  in  the  process  of  agreeing  an  undertaking  with  the  third  country
concerned  that  prompt  notification  will  be  given  of  any  significant  change  in  the
arrangements  for  training  and  certification  provided  in  accordance  with  the  STCW
Convention.

5.  The  Member  State  has  introduced  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 State relevant to the functions they  are permitted to
perform.

6.  If a Member State  wishes  to supplement  assessment  of  compliance  of  a  third  country  by
evaluating certain maritime training institutes, it shall proceed according to the provisions of
section A-I/6 of the STCW Code.

B. Third countries not confirmed by the Maritime Safety Committee to have communicated
information,  which  demonstrates  that  full  and  complete  effect  is  given  to  the  relevant
provisions of the STCW Convention

1. If the Maritime Safety Committee is still in the process of identifying the third country as
having  demonstrated  that  full  and  complete  effect  is  given  to  the  provisions  of  the  STCW
Convention, the following provisions must apply:

The third  country must  communicate  to  the Member  State  wishing  to  recognise  appropriate
certificates issued by or under the authority of that third country:

(i)  the  texts  of  laws,  decrees,  orders,  regulations  and  instruments  relating  to  the
implementation of the STCW Convention;

13

(ii) full details of the contents and duration of study courses, including a clear statement of the
education, training, examination, competency assessment and certification policies adopted;

(iii)  national  examination  and  other  requirements  for  each  type  of  certificate  issued  in
accordance with the SCTW Convention;

(iv) a sufficient number of specimen certificates that comply with the STCW Convention;

(v) information on governmental organisation;

(vi)  a  concise  explanation  of  the  legal  and  administrative  measures  provided  and  taken  to
ensure  compliance  particularly  concerning  training  and  assessment  and  the  issue  and
registration of certificates;

(vii)  a  concise  outline  of  the  procedures  followed  to  authorise,  accredit  or  approve  training
and  examinations,  and  competency  assessments  required  by  the  STCW  Convention,  the
conditions  attached  thereto,  and  a  list  of  the  authorisations,  accreditation  and  approvals
granted.

2.  The  Member  State  must  compare  the  information  communicated  with  all  the  relevant
requirements of the STCW Convention to ensure that full and complete effect is given to the
provisions of the STCW Convention.

3.  The  Member  State  must  have  confirmed,  through  all  necessary  measures,  which  may
include  the  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  that  a  quality  standards  system  has  been  established  pursuant  to
Regulation I/8 of the STCW Convention.

Paragraphs A. 4, 5 and 6 are also applicable under this procedure.

14

LEGISLATIVE FINANCIAL STATEMENT

Title  of  action:  Proposal  for  a  Directive  of  the  European  Parliament  and  of  the
Council amending European Parliament and Council Directive 2001/25/EC of 4 April
2001 on the minimum level of training of seafarers

Methods of implementation

The  proposed  actions  shall  be  implemented  by  the  Commission  using  outside  staff  by
externalisation. The European Maritime Safety Agency will assist the Commission in carrying
out  tasks  assigned  by  the  proposed  measure,  as  provided  in  the  adopted  Regulation
establishing this Agency (Regulation (EC) N° 1406/2002 of the European Parliament and of
the Council of 27 June 2002 establishing a European Maritime Safety Agency).

Financial impact on budget

This  proposal  has  no  direct  financial  implications  for  the  Commission.  However  as  regards
administrative  expenditure,  the  current  staff  in  DG  TREN  (consisting  of  one  administrator
part  time  with  secretarial  assistance  and  mission  budget  for  liaison  with  the  European
Maritime Safety Agency) should suffice

15

IMPACT ASSESSMENT FORM

THE IMPACT OF THE PROPOSAL ON BUSINESS WITH SPECIAL REFERENCE
TO SMALL AND MEDIUM-SIZED ENTERPRISES( SMEs)

TITLE OF PROPOSAL

Proposal for a Directive of the European Parliament and of the Council amending European
Parliament  and  Council  Directive  2001/25/EC  of  4  April  2001  on  the  minimum  level  of
training of seafarers.

DOCUMENT REFERENCE NUMBER

COM(2002)XXX

THE PROPOSAL

1.

Taking  account  of  the  principle  of  subsidiarity,  why  is  Community  legislation
necessary in this area and what are its main aims?

The  main  aim  of  the  proposal  is  to  amend  an  existing  Directive,  in  order  to
strengthen and simplify certain aspects its provisions. Since the proposal is to revise
an existing Directive, a Directive is the only possible form of Community measure.

THE IMPACT ON BUSINESS

2.

Who will be affected by the proposal?

–  which sectors of business

Shipping  companies,  operating  maritime  services,  shall  have  the  responsibility  for
ensuring  that  the  obligations  set  out  in  the  proposal  are  given  full  and  complete
effect.

–  which  sizes  of  business  (what  is  the  concentration  of  small  and  medium-sized

firms)

A  variety  of  sizes  of  companies  will  be  affected,  from  companies  owing  one  ship
only to owners with much larger fleets.

–  are  there  particular  geographical  areas  of  the  Community  where  these

businesses are found

In all EU Member States, apart from those that are landlocked. However, in principle
all Member States are affected in their role as flag states.

16

3.

What will business have to do to comply with the proposal?

These  sectors  of  business  would  have  to  take  all  necessary  steps  to  ensure  that
seafarers  assigned  to  any  of  their  ships  hold  appropriate  certificates  in  accordance
with the procedures laid down by this proposal.

4.

What economic effects is the proposal likely to have?

–  on employment

No economic effects on employment are foreseen

–  on investment and the creation of new businesses

No economic effects on investment and the creation of new business

–  on the competitiveness of businesses

No economic effects on the competitiveness of businesses

5.

Does the proposal contain measures to take account of the specific situation of small
and medium-sized firms (reduced or different requirements etc)?

No, such measures are not necessary.

CONSULTATION

6.

List  the  organisations,  which  have  been  consulted  about  the  proposal  and  outline
their main views.

Organisations invited and represented at a consultation meeting:

-

-

European Community Shipowners’ Association (ECSA)

European Transport Workers’ Federation (ETF)

Outline of their main view:

The  stakeholders  supported  the  need  to  review  the  current  procedure  for  the
recognition of certificates of competency issued by third countries and replace it by a
more efficient system of Community-wide recognition of third countries.

They are in favour of the new role that  the European Maritime Safety Agency  will
play  in  the  evaluation  of  maritime  training  and  certification  systems  in  the  main
labour providing third countries.

The  proposal  concerning  language  requirements  for  certificates  and  recognition
endorsements,  as  well  as  communication  between  the  ship  and  the  land-based
authorities, received no objections from the stakeholders.

17