Opinion of the European Economic and Social Committee on the "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" (COM(2003) 1 final — 2003/001 (COD))
Date: 2003-03-26
Institutions: European Economic and Social Committee
Subjects: crew, navy, recognition of diplomas, recruitment, third country, vocational training

6.6.2003

EN

Official Journal of the European Union

C 133/23

Opinion of the European Economic and Social Committee on the ‘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’

(COM(2003) 1 final — 2003/001 (COD))

(2003/C 133/05)

On 23 January 2003 the Council decided to consult the European Economic and Social Committee,
under Article 80 of the Treaty establishing the European Community, on the above-mentioned proposal.

The Section for Transport, Energy, Infrastructure and the Information Society, which was responsible for
preparing the Committee’s work on the subject, adopted its opinion on 13 March 2003. The rapporteur
was Mr Chagas.

At its 398th plenary session on 26 and 27 March 2003 (meeting of 26 March), the European Economic
and Social Committee adopted the following opinion by 97 votes for and 3 abstentions.

1. Background

1.1.
The Commission presented, on 13 January 2003, a
proposal for a directive concerning the setting up at Com-
munity level of an efficient and reliable system for the
recognition of Certificates of Competency issued outside the
European Union (EU), the purpose being for the recruitment of
proficient third countries’ crews to work on board Community
ships.

1.2. Measures already in place include:

— Directive 94/58/EC on the Minimum Level of Training of

Seafarers (1);

— Directive 98/35/EC (2) Amending Directive 94/58/EC;

— Consolidation Directive 2001/25/EC (3).

1.3.
According to 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 the third country complies with the require-
ments of STCW95. In addition, the Commission informs the
other Member States about the notification submitted so as to
afford the opportunity to raise an objection.

The new proposals remain consistent with the objective
1.4.
of earlier Directives, namely, the establishment of a specific
procedure and criteria for the recognition by Member States
of Certificates of Competency issued by third countries in
accordance with the requirements of the International Mari-
time Organisation (IMO) Convention of Standards of Training,
Certification and Watchkeeping from 1978 as amended.

1.5.
In addition, the Commission makes proposals to bring
existing provisions in line with the international Conventions,
laying down language requirements for certification of sea-
farers, as well as for the communication between ship and
shore-based authorities.

The Commission’s proposal seeks to amend Directive

1.6.
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 require-
ments of the STCW Convention;

( 1) Council Directive 94/58/EC of 22.11.1994 on the minimum level
of training of seafarers (OJ L 319, 12.12.1994, p. 28) — EESC
Opinion: OJ C 34, 2.2.1994, p. 10.

( 2) Council Directive 98/35/EC of 25.5.1998 amending Directive 94/
58/EC on the minimum level of training of seafarers (OJ L 172,
17.6.1998, p. 1) — EESC Opinion: OJ C 206, 7.7.1997, p. 29.
( 3) Directive 2001/25/EC of the European Parliament and of the
Council of 4.4.2001 on the minimum level of training of seafarers
(OJ L 136, 18.5.2001, p. 17) — EESC Opinion: OJ C 14,
16.1.2001, p. 41.

— introduce specific procedures for the extension and
withdrawal of the Community-wide recognition of third
countries’ certificates, as well as the continuous monitor-
ing 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

C 133/24

EN

Official Journal of the European Union

6.6.2003

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. General comments

2.1.
The EESC recognises the necessity for a procedure for
the recognition of Certificates of Competency for seafarers,
which are issued by third countries, the purpose being to allow
ship owners the ability to recruit seafarers holding such
certificates to serve onboard ships flying the flag of a Member
State.

2.2.
The EESC recognises the application of the procedure
is an indispensable condition for the recruitment of non-
community seafarers onboard any Community ship in order
to ensure the safety of life at sea and protection of the marine
environment.

2.3.
The EESC acknowledges the need for uniformity in the
recognition process and to ensure that the administrative
burden is kept at a minimum, consistent with integrity of the
system employed. The recognition of a third country, following
the evaluation of Maritime Training and Certification systems
posed is consistent with the requirements of STCW95.

In order to avoid duplication it is recognised that the
2.4.
European Maritime Safety Agency (EMSA) has an important
function in ensuring quality of the assessment procedures. The
EESC duly notes that this must be thorough and complete
given that recognition will be global Community-wide of a
third country’s systems and procedures. In order to ensure
effectiveness it will be necessary to provide appropriate
resources of a financial, human and technical nature.

2.5.
The EESC acknowledges that the validation period, for
a third country, will be for a period of 5 years. In so doing it is
noted that there is provision for extension or withdrawal of
recognitions in order to accommodate any unpredictable
change of the situation in a third country.

acknowledging a necessity, in some instances,
lack of any
limitation on the number of certificates issued presents a
considerable threat to the continued employment of EU
national seafarers and the sustainability of the maritime skills
base in Member States.

The EESC urges Member States to work with the
2.7.1.
social partners to bring about a balanced employment regime
to ensure the sustainability of the EU maritime skills base.

2.8.
The EESC expresses disappointment that, in updating
the current procedures with respect to the issuance of certifi-
cates for third country nationals, there are no protective social
provisions with respect to their employment so as to ensure
laws of
equality of protection under the relevant national
Member States.

2.9. What is more, despite the concerns expressed in the
2002 Commission’s Communication on the training and
recruitment of seafarers, in particular with regard to the need
of attracting EU youngsters into the profession, the only
concrete measure introduced will precisely have the contrary
effect, making it easier for third countries’ cheaper crews to be
admitted onboard EU vessels.

2.10.
The EESC notes with interest that the Commission
will address the issue of seafarers’ working and social con-
ditions on board EU vessels in future legislation. This might be
a positive step towards ensuring an appropriate treatment of
all seafarers independently of their nationality at EU level.

3. Specific comments

3.1. Article 1.1

The proposal to insert, into the existing relevant provisions of
the Directive, a reference to Regulation I/2, paragraph 1,
Article VI, paragraph 1 of the STCW Convention the require-
ment for 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 the translation into that language’, is accepted.
Similarly, it is acknowledged that endorsements shall be issued
in accordance with Article VI, paragraph 2 of the STCW
Convention. These two amendments should be as stated.

2.6.
The EESC welcomes the additional provision concern-
ing language requirements for Certificates of Competency
issued by Member States.

3.2. Article 1.2

The EESC draws the attention of the Commission to
2.7.
the adverse effects of permitting third country nationals to sail
in unlimited numbers on ships of Member States. While

The amendment should be made to ensure that Regulation 14,
paragraph 4 of Chapter V of
the Solas Convention that
prescribes ‘... English shall be used on the bridge as the working

6.6.2003

EN

Official Journal of the European Union

C 133/25

language for ... bridge-to-shore safety communications ...
unless those directly involved with the communication speak
a common language other than English’.

company to organise properly and proceed with the replace-
ment of the crewmembers whose endorsed certificates would
not be extended.

3.3. Article 1.3(b)

The proposal should be accepted with no further amendments
though arguments may be offered for further extension with
respect to the decision on the recognition of a third country
by the Commission. This would only serve to introduce delay
into the recognition process and possibly introduce additional
unnecessary risks. For this reason it should remain at the three-
month period, as suggested.

3.4. Article 1.3(d)

It is acknowledged that, where the Maritime Safety Committee
(MSC) of
the International Maritime Organisation (IMO)
has not been able to identify the third country as having
demonstrated full and complete effect of the provisions of
the STCW Convention, the Commission will reassess the
recognition of the country and the Member States concerned
shall take appropriate measures to implement the decision
taken in accordance with established procedures. Recognising
the need for some flexibility in order to effect replacement of
seafarers on ships, a transitional period of a maximum of three
months is suggested.

3.5. Article 1.4

It is suggested that the decision for extension of a recognition
three months before the expiry
should be taken at least
period of validity. The one-month period provided in the
Commission’s proposal, is too short for the ship operating

Brussels, 26 March 2003.

It is also suggested that Member States intending to withdraw
recognition, should provide adequate time to ship operating
companies in order to proceed with the replacement of
affected crewmembers. A period of at least three months is
proposed.

4. Conclusion

4.1. Without prejudice to the comments above, the EESC
acknowledges the Commission’s proposal.

4.2.
The EESC, while accepting the desirability for an
efficient and reliable system for the recognition of Certificates
of Competency issued outside the European Union, expresses
grave concern with the respect to the future employment of
EU nationals and the retention of the European Maritime Skills
Base.

4.3.
The EESC acknowledges the intended role of the EMSA
the procedures and request that
in ensuring integrity of
the Commission consider that adequate resources are made
available at both the Member State and European levels.

The EESC, while acknowledging the importance that
4.4.
the Commission places on maritime education and training in
the interests of safety of life at sea and protection of the marine
environment, expresses concern that no additional measures
have been taken to ensure that third country nationals are not
It encourages the
exploited on ships of Member States.
Commission to progress in the presentation of legislation that
ensures adequate protection onboard vessels calling EU ports.

The President

of the European Economic and Social Committee

Roger BRIESCH