Directive 2003/103/EC of the European Parliament and of the Council of 17 November 2003 amending Directive 2001/25/EC on the minimum level of training of seafarers (Text with EEA relevance)
Date: 2003-11-17
Institutions: Council of the European Union, European Parliament
Subjects: crew, maritime shipping, recognition of diplomas, ship's passport, transport safety, vocational training

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DIRECTIVE 2003/103/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

amending Directive 2001/25/EC on the minimum level of training of seafarers

of 17 November 2003

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

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

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Economic and
Social Committee (1),

After consultation of the Committee of the Regions,

Acting in accordance with the procedure laid down in Article
251 of the Treaty (2),

Whereas:

(1)

(2)

(3)

(4)

Directive 2001/25/EC of the European Parliament and of
the Council of 4 April 2001 on the minimum level of
training of seafarers (3) defines minimum training, certifi-
cation 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).

In order to maintain and develop the level of knowledge
and skills in the maritime sector in the EU, it is impor-
tant to pay appropriate attention to maritime training
and the status of seafarers in the EU.

It is essential to ensure that seafarers holding certificates
issued by third countries and serving on board Com-
munity ships have a level of competence equivalent to
that required by the STCW 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 certifi-
cates issued by third countries and the approval of mari-
time training institutes and maritime education and
training programmes and courses,
in the light of the
experience gained in applying the Directive.

(1) OJ C 133, 6.6.2003, p. 23.
(2) Opinion of the European Parliament of 3 September 2003 (not yet
Journal) and Council Decision of 6

published in the Official
November 2003.

(3) OJ L 136, 18.5.2001, p. 17. Directive as amended by Directive

2002/84/EC (OJ L 324, 29.11.2002, p. 53).

(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 relia-
bility of the system of recognition, while simplifying the
monitoring and reporting obligations
imposed on
Member States.

Compliance by third countries that provide training with
the provisions of the STCW Convention can be assessed
more effectively in a harmonised manner. The Commis-
sion 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 defi-
ciencies 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 effec-
tively in a harmonised and centralised manner.

(10) 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 Com-
munity legislation applicable to training, certification
and watchkeeping of ships' crews.

(11)

(12)

The Agency should therefore assist the Commission in
the performance of its tasks relating to the granting,
extension and withdrawal of recognition of third coun-
tries. It should also assist the Commission in the moni-
toring of third countries' compliance with the require-
ments of the STCW Convention.

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 require-
ments of the Convention.

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(13)

The International Convention for the Safety of Life at
Sea, 1974, as amended (the SOLAS Convention)
lays
down language requirements for bridge-to-shore safety
communications. Directive 2001/25/EC should be
updated in accordance with the recent amendments to
the SOLAS Convention, which entered into force on 1
July 2002.

(14)

It is necessary to provide for procedures for adapting
Directive 2001/25/EC to future changes in Community
law.

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

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Directive 2001/25/EC shall be amended as follows:

1. Article 5 shall be amended as follows:

(a) paragraph 3 shall be replaced by the following:

Certificates shall be issued in accordance with

‘3.
Regulation I/2, paragraph 1, of the STCW Convention.’

(b) the following sentence shall be added to paragraph 5:

‘Endorsements shall be issued in accordance with Article
VI, paragraph 2, 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 subject to the
provisions of Article 18a.

(c) If no decision is taken on recognition of

the third
country concerned within the period laid down in sub-
paragraph (b), the Member State submitting the request
may decide to recognise the third country unilaterally
until a decision is taken in accordance with the proce-
dure referred to in Article 23(2).

(d) A Member State may decide, with respect to ships flying
its flag, to endorse certificates issued by the third coun-
tries recognised by the Commission, account being
taken of the provisions contained in Annex II(4) and (5).

(e) Recognitions of certificates issued by recognised third
countries and published in the Official Journal of the Euro-
pean Union, C series, before (…) (*) shall remain valid.
These recognitions may be used by all Member States
unless the Commission has subsequently withdrawn
them pursuant to Article 18a.

(f) 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 Union,
C Series

(*) 18 months after the date of entry into force of the

Directive.’

2. In Article 17, point (e) shall be replaced by the following:

4. The following Articles shall be inserted:

‘(e) there are adequate means for communication between
the ship and the shore-based authorities. These commu-
nications shall be conducted in accordance with Chapter
V, Regulation 14, paragraph 4, of the SOLAS Conven-
tion.’

3. Article 18(3) shall be 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 that a decision on the
certificates has been
appropriate
recognition of
adopted through the procedure set out below:

their

(a) A Member State which intends to recognise, by endorse-
ment, 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 recogni-
tion of that third country to the Commission, stating its
reasons.

The Commission, assisted by the European Maritime
Safety Agency (the Agency), and with the possible invol-
vement of any Member State concerned, shall collect the
information referred to in Annex II and shall carry out
an assessment of the training and certification systems
in the third country for which the request for recogni-
tion was submitted,
in order to verify whether the
country concerned meets all the requirements of the
STCW Convention and whether
appropriate
measures have been taken to prevent fraud involving
certificates.

the

‘Article 18a

1.
Notwithstanding the criteria specified in Annex II,
when a Member State considers that a recognised third
country no longer complies with the requirements of the
STCW Convention, it shall notify the Commission immedi-
ately, giving substantiated reasons. The Commission shall
without delay refer the matter to the Committee referred to
in Article 23.

2.
Notwithstanding the criteria specified in Annex II,
when the Commission considers that a recognised third
country no longer complies with the requirements of the
STCW Convention, it shall notify the Member States imme-
diately, giving substantiated reasons. The Commission shall
without delay refer the matter to the Committee referred to
in Article 23.

3. When a Member State intends to withdraw the endor-
sements of all certificates issued by a third country it shall
without delay inform the Commission and the other
Member States of its intention, giving substantiated reasons
therefor.

4.
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.

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the STCW Convention,

5. Where there are indications that a particular maritime
training establishment no longer complies with the require-
ments of
the Commission shall
notify the country concerned that recognition of that coun-
try's certificates will be withdrawn in two months' time
unless measures are taken to ensure compliance with all the
requirements of the STCW Convention.

6.
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 imple-
ment the decision.

Endorsements attesting recognition of certificates,
7.
issued in accordance with Article 5(6) before the date on
which the decision to withdraw recognition of the third
country is taken, shall remain valid. Seafarers holding such
endorsements may not claim an endorsement recognising a
higher qualification, however, unless that upgrading is based
solely on additional seagoing service experience.

Article 18b

1.
The third countries that have been recognised under
the procedure referred to in Article 18(3)(b), including those
referred to in Article 18(3)(f), shall be reassessed 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 and whether the
appropriate measures have been taken to prevent
fraud
involving certificates.

2.
The Commission shall define the priority criteria for
assessment of third countries on the basis of performance
data provided by the Port State control pursuant to Article
20, as well as the information relating to the reports of the
independent evaluations communicated by third countries
pursuant to section A-I/7 of the STCW Code.

The Commission shall provide the Member States with

3.
a report on the results of the assessment.’

5. the following sentence shall be added to Article 22(1):

‘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 legisla-
tion.’

6. Annex II shall be 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 Direc-
tive by 14 May 2005. They shall forthwith inform the Commis-
sion thereof.

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

Not
later than 14 December 2008 the Commission shall
submit an evaluation report to the European Parliament and
the Council, based on a detailed analysis and evaluation of the
provisions of the IMO Convention, the implementation thereof
and new insights gained with regard to the correlation between
safety and the level of training of ships' crews.

Article 3

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

This Directive is addressed to the Member States.

Article 4

Done at Brussels, 17 November 2003.

For the European Parliament

The President

P. COX

For the Council

The President

G. ALEMANNO

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ANNEX

Annex II to Directive 2001/25/EC is hereby 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)

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 Commission, assisted by the Agency and with the possible involvement of any Member State concerned, 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 notifi-
cation will be given of any significant change in the arrangements for training and certification provided in accord-
ance with the STCW Convention.

5. The Member State has introduced measures to ensure that seafarers who present for recognition certificates for func-
tions 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.’