Proposal for a Directive of the European Parliament and of the Council on the recognition of seafarers' certificates issued by the Member States and amending Directive 2001/25/EC
Date: 2004-04-26
Institutions: European Commission
Subjects: crew, foreign language, maritime shipping, recognition of diplomas, ship's passport, transport safety, vocational training

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 26.4.2004 
COM(2004) 311 final 

2004/0098 (COD) 

Proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

on the recognition of seafarers’ certificates issued by the Member States and amending 
Directive 2001/25/EC 

(presented by the Commission)

EN 

   EN 

 
 
 
  
  
EXPLANATORY MEMORANDUM 

1. 

BACKGROUND AND OBJECTIVES 

Training,  certification  and  watchkeeping  requirements  for  seafarers  are  prescribed  by  the 
Convention of the International Maritime Organisation on Standards of Training, Certification 
and  Watchkeeping  for  Seafarers,  1978,  as  amended  (STCW  Convention).  The  Convention 
lays down, inter alia, specific criteria for the recognition of certificates of seafarers issued by 
the Parties to a master, officer or radio operator. 

These  international  requirements  were  transposed  into  Community  legislation  by  way  of 
Directive 2001/25/CE of the European Parliament and of the Council of 4 April 20011, as last 
amended  by  Directive  2003/103/EC2  on  the  minimum  level  of  training  of  seafarers  (the 
Directive). Thus, Member States are required to issue certificates of competency to seafarers 
in line with these standards. 

As  regards  recognition  of  certificates  between  Member  States,  the  Directive  provides  that 
recognition of certificates of seafarers who  are  nationals or non-nationals of Member States 
are subject to the provisions of Directives 89/48/EEC3 and 92/51/EEC4 on the general systems 
for  the  recognition  of  professional  education  and  training.  The  general  system  establishes  a 
procedure  for  the  recognition  of  evidence  of  professional  qualifications  of  seafarers  that 
involves  the  comparison  of  education  and  training  received,  as  well  as  the  corresponding 
qualifications.  In  case  of  substantial  differences  therein,  the  seafarers  concerned  may  be 
subject to specific compensation measures. 

The  paradox  is  that  the  above  procedure  is  more  demanding  for  the  seafarer  than  the  one 
prescribed  by  the  STCW  Convention  or  even  the  procedure  recently  introduced  for  the 
recognition of certificates issued outside the Union5. Hence in this respect, seafarers qualified 
in a Member State may be disadvantaged vis-à-vis seafarers holding certificates issued outside 
the European Union. 

For  this  reason,  it  is  necessary  to  provide  for  a  simplified  procedure  for  the  recognition  of 
certificates  that  are  issued  by  the  Member  States  according  to  the  same  minimum 
requirements. The Commission proposes, therefore, the automatic acceptance by the Member 
States of all certificates issued by another Member State to seafarers in accordance with the 
Directive. The main objective of the proposed measure is to ensure that all seafarers who are 
qualified in a Member State and hold such certificates be permitted to serve on board ships 
flying the flag of any Member State without any further prerequisites.  

In addition, the Commission believes that it is appropriate to introduce into Community law 
the  requirements  of  the  STCW  Convention  as  regards  language  skills  for  seafarers.  Such 
requirements  would  enable  effective  communication  on  board  ships,  whilst  would  facilitate 
free movement of professionals. 

1 
2 
3 
4 

5 

OJ L 136, 18.5.2001, p. 17. 
OJ L 326, 13.12.2003, p. 28. 
OJ L 19, 24.1.1989, p. 16. 
OJ  L  209,  24.7.1992.  Directive  as  last  amended  by  Commission  Directive  2000/5/EC  (OJ  L  54, 
26.2.2000, p. 42). 
Directive […] applies a procedure for a Community-wide recognition of certificates issued outside the 
European Union, see also footnote 2. 

2 

 
 
  
 
                                                 
Furthermore,  the  Commission  is  conscious  of  the  fact  that  implementation  of  the  existing 
training, certification and watchkeeping requirements for seafarers laid down by the Directive 
is a continuous exercise that requires specific means to ensure at all times that Member States 
give full compliance to the agreed requirements. 

The European Parliament and the Council insisted also explicitly on the need to ensure that 
Member  States  apply  rigorously  the  relevant  training  and  certification  requirements  in  the 
maritime sector. 

In  recent  years,  there  has  also  been  an  apparent  increase  in  fraudulent  practices  associated 
with certification processes and certificates of seafarers, which undermines the effectiveness 
of  the  existing  training,  certification  and  watchkeeping  requirements.  The  certification  of 
seafarers who do not meet the minimum professional standards, poses a serious danger to the 
safety of life at sea and the protection of the marine environment. 

The  Commission,  therefore,  puts  forward  specific  provisions  aimed  at  ensuring  further  full 
compliance  with  the  existing  training  and  certification  requirements.  The  proposal  provides 
for: 

– 

– 

the  obligation  for  Member  States  to  adopt  measures  to  prevent  and  penalise 
fraudulent practices associated with certificates of seafarers, and 

the  regular  assessment  of  compliance  of  Member  States  with  the  requirements  of 
Directive 2001/25/EC, as amended. 

Hence,  the  current  proposal  of  the  Commission  aims  to  facilitate  the  recognition  of 
certificates  of  seafarers  issued  by  the  Member  States  and  ensure  thorough  compliance 
with  the  existing  training,  certification  and  watchkeeping  requirements  within  the 
European Union. 

2. 

JUSTIFICATION FOR THE PROPOSED MEASURE 

There  are  two  main  reasons  for  submitting  this  proposal:  first,  the  need  to  facilitate  the 
recognition  by  all  Member  States  of  certificates  of  seafarers  issued  within  the  Union  in 
accordance  with  the  minimum  requirements  of  Directive  2001/25/EC,  as  amended;  and 
second,  the  need  to  ensure  further  thorough  and  continuous  compliance  with  the  existing 
requirements. 

In addition, in its conclusions of 5 June 2003, the Council emphasised the need to foster the 
mobility of seafarers within the Union6, while both the European Parliament and the Council 
called  for  the  need  to  confirm  thorough  respect  by  the  Member  States  of  the  STCW 
requirements. 

2.1.  Recognition of certificates 

Training,  certification  and  watchkeeping  of  seafarers  are  governed  internationally  by  the 
STCW  Convention.  The  Convention  comprises  specific  provisions  for  the  recognition  of 
certificates  issued  by  or  under  the  authority  of  another  Party  to  masters,  officers  or  radio 
operators.  

6 

On the Promotion of the Shipping Industry and the Seafaring Profession within the Union. 

3 

 
 
  
 
                                                 
Although  the  requirements  of  the  STCW  Convention  have  been  enforced  further  within  the 
Community by means of the Directive 2001/25/EC, this Directive subjects the recognition of 
certificates  hold  by  nationals  or  non-nationals  of  the  Member  States  to  the  provisions  of 
Directives  89/48/EEC  and  92/51/EEC  on  the  general  system  for  the  recognition  of 
professional  education  and  training.  It  thus  precludes  the  mutual  recognition  of  certificates 
between the Member States from the application of the relevant provisions of the Convention. 

According  to  the  general  system,  the  Member  State  in  which  a  person  wishes  to  exercise  a 
profession  (host  Member  State)  is  required  to  take  account  of  qualifications  acquired  in 
another Member State and to determine whether those qualifications correspond to the ones 
which  the  Member  State  concerned  requires.  Where  the  person’s  qualifications  do  not 
correspond to those laid down by national provisions, the host Member State may require the 
beneficiary, in addition to the certification of education and training, to provide evidence of 
professional  experience,  complete  an  adaptation  period  of  supervised  training  or  undergo 
aptitude tests. 

As  regards  the  seafaring  sector,  such  system  entails  obstacles  for  the  prompt  recognition  of 
certificates and thus ultimately prevents the seafarers from pursuing swiftly their profession in 
another  Member  State.  It  is  thus  more  unfavourable  for  seafarers  in  Europe  than  third 
countries’ seafarers, who are subject to the equivalent procedure of the STCW Convention or 
the  recently  introduced  Community  procedure  for  the  recognition  of  certificates  issued  by 
third countries. 

In addition, maritime transport is one of the few transport sectors where the Community laid 
down  at  an  early  stage  the  necessary  minimum  level  of  qualifications  for  professionals7. 
Although  harmonised  requirements  have  existed  in  the  sector  since  1994,  recognition  of 
certificates,  which  in  fact  attest  the  same  minimum  standards  of  competence,  is  not 
unconditional. 

Furthermore,  since  the  80s  there  has  been  a  growing  decline  in  the  numbers  of  Community 
seafarers, especially officers, which is expected to continue until the end of the decade. This 
tendency  might  severely  affect  the  shipping  industry  as  a  whole,  bearing  in  mind  that 
maritime know how is essential for preserving a prosperous shipping industry of quality. Free 
movement of seafarers might contribute to prevent this trend. 

For  these  reasons,  the  Commission  proposes  specific  rules  to  allow  for  an  unhindered 
recognition of certificates of seafarers issued by the Member States. The proposed measure is 
intended to abolish any obstacle  to the free movement of seafarers qualified in the Member 
States, which in the long run will boost their mobility and promote their employment within 
the Union. 

Such  a  measure  is  even  more  appropriate  and  important  considering  that,  in  its  rulings  on 
cases C-47/02 and C-405/01, the Court of Justice facilitates the access to the posts of masters 
and chief mates for non-nationals of a Member State. The Court affirmed in these cases that 
Member States may reserve for their nationals the posts of master and chief mate of merchant 
ships flying their flag, only if the rights under powers conferred by public law on masters and 
chief mates of such ships are actually exercised on a regular basis and do not represent a very 
minor part of their activities. 

7 

Directives  94/58/EC  and  98/35/EEC,  which  were  repealed  by  Directive  2001/25/EC,  as  amended,  on 
the minimum level of training of seafarers transposed since 1994 into Community law the requirements 
of the STCW Convention. 

4 

 
 
  
 
                                                 
2.2.  Language proficiency 

Article 17 of Directive 2001/25/EC, as amended, requires that on board all ships are means 
for the effective oral communication relating to safety between all members of a ship’s crew 
and that on board passenger ships, tankers, chemical tankers and liquefied gas tankers there is 
a common working language, which all seafarers understand and are able to communicate in. 
As  regards,  in  particular,  passenger  ships,  this  Article  provides  that  personnel  in  charge  of 
assisting  passengers  in  emergency  situations  should  have  specific  communication  skills, 
taking due account of certain factors. The use of elementary English vocabulary is one of the 
optional factors prescribed by the latter provision. 

The above provision does not define language skills of seafarers serving on board ships flying 
the flag of a Member State, while it limits the requirement for the establishment of a working 
language to certain types of ships.  

The  Commission  believes  that  communication  between  the  members  of  the  crew  and 
language skills are instrumental for maintaining safety at sea and improve social conditions on 
board.  These  prerequisites  are  even  more  essential  given  the  international  character  of  the 
maritime industry and the increasing multinational crews. It thus proposes to enforce within 
the  Member  States  the  relevant  requirements  of  the  STCW  Convention  as  regards  language 
skills  of  seafarers.  These  provisions  would  on  top  facilitate  the  effective  exercise  of  the 
seafaring  profession  in  another  Member  State  than  the  one  where  a  seafarer  obtained  its 
certificate. 

2.3.  Continuous implementation of the existing requirements 

In  recent  times,  there  has  been  a  high  prevalence  of  fraudulent  practices  associated  with 
certificates  of  seafarers.  A  recent  study  commissioned  by  the  International  Maritime 
Organisation8 confirmed the trend and indicated that fraudulent practices are related either to 
the  certification  process,  or  individual  certificates.  It  revealed  that  in  the  overwhelming 
majority  of  cases  identified,  holders  of  fraudulent  certificates  do  not  meet  the  minimum 
professional  standards  of  competency  required  under  the  STCW  Convention.  The  survey 
stated that fraudulent practices can be attributed to administrative inability or unwillingness to 
effectively apply existing regulation. 

The  Commission  is  conscious  that  the  proliferation  of  fraudulent  certificates  can  be 
detrimental  to  safety  at  sea  and  the  protection  of  the  marine  environment  and  severely 
undermines  the  effectiveness  of  the  existing  training  and  certification  requirements.  It 
believes,  above  all,  that  thorough  implementation  of  the  existing  training,  certification  and 
watchkeeping requirements is a key element to stopping fraudulent practices. 

Combating  fraud  requires both preventive and  corrective action. The  Commission considers 
that allocation of dedicated staff for detecting fraud and taking preventive repressive measures 
is essential both for ensuring the effective implementation of national measures and allowing 
close cooperation and exchange of information between Member States national authorities. 

In light of the above, the Commission proposes that Member States take and enforce measures 
to prevent and penalise fraud involving the certification process or the certificates themselves. 

8 

“A  study  on  fraudulent  practices  associated  with  certificates  of  competency  and  endorsements”, 
Seafarers International research Centre (SIRC), 2001. 

5 

 
 
  
 
                                                 
It  also  provides  for  an  extensive  exchange  of  information  between  competent  national 
authorities. 

Finally,  the  Commission  considers  that  implementation  of  the  existing  provisions  and 
requirements  concerning  the  seafaring  professions  is  a  continuous  painstaking  exercise. 
Bearing  in  mind  that  several  actors  are  often  involved  in  the  certification  process,  it  is 
essential to provide for a regular monitoring of compliance at national level. Such a method 
would also facilitate the recognition of certificates between the Member States. 

Along these lines, the Commission puts forward provisions for the regular evaluation by the 
Commission,  with  the  assistance  of  the  Maritime  Safety  Agency  (the  Agency),  of  maritime 
training and certification systems and procedures of the Member States. 

3. 

SPECIFIC CONSIDERATIONS 

Article 1 

This  Article  defines  that  the  Directive  applies  to  seafarers  holding  a  certificate  issued  to 
nationals or non-nationals of Member States. 

Article 2 

This Article provides the definitions of the main terms used in the Directive. Most of them are 
based on those used in Directive 2001/25/EC, as amended, and the STCW Convention. 

Article 3 

This  Article  spells  out  the  main  objective  of  the  Directive,  that  is  to  say  the  recognition  by 
Member  States  of  all  the  certificates,  endorsements  and  any  other  documentary  evidence  of 
training 
the  provisions  of 
Directive 2001/25/EC, as amended. 

issued  by  any  Member  State 

in  compliance  with 

It confirms further the obligation for the recognition of the above certification by stating that 
seafarers covered by the Directive must be allowed to serve on board ships flying the flag of a 
Member State on the basis the certification issued by another Member State. 

Article 4 

This provision confirms the obligation of the Member State, in which a seafarer acquired its 
certificate,  to  make  sure  that  the  seafarer  in  question  has  the  adequate  language  skills  as 
stipulated  in  the  relevant  provisions  of  the  STCW  Convention,  which  are  necessary  to 
perform  the  duties  that  are  assigned  to  him/her.  The  Commission  proposes  to  insert  a 
reference to the relevant requirements of the STCW Convention9. 

Article 5 

This  Article  calls  upon  Member  States  to  provide  for  specific  measures  intended  to  prevent 
fraudulent  practices  regarding  the  certification  process  and  certificates  of  seafarers,  ensure 
their  effective  application  and  institute  penalties  for  infringing  the  relevant  national 
provisions. 

9 

Sections A-II/1, A-III/1, A-IV/2 and A-II/4 of the STCW Code. 

6 

 
 
  
 
                                                 
It  also  introduces  channels  for  communication  between  competent  authorities  regarding 
fraudulent practices. Thus it requires first of all that Member States designate the competent 
authorities dealing with anti-fraud measures and communicate their details to the Commission 
and the other Member States. Besides, in case a Member State has doubts about a certificate 
issued  by  another  Member  State,  it  may  require  the  competent  authority  of  that  State  to 
provide a written confirmation about the authenticity of a certificate. 

Article 6 

This  Article  establishes  the  obligation  of  the  Commission  to  control  on  a  regular  basis  the 
compliance of the Member States with the requirements laid down in Article 5, paragraph 1 of 
the Directive. The Commission shall be assisted in this task by the Agency. 

Article 7 

This Article amends the provisions of Directive 2001/25/EC in two respects: 

First, it deletes Article 18(1) and (2) of Directive 2001/25/EC, which subject the recognition 
of certificates of seafarers to the provisions of Council Directives 89/48/EEC and 92/51/EEC 
on  the  general  system  for  the  recognition  of  professional  education  and  training.  Those 
Directives  not  providing  for  the  automatic  recognition  of  formal  qualifications  of  seafarers, 
they entail obstacles for the prompt recognition of certificates.  

Also,  this  Article  introduces  a  new  Article  22a  to  Directive  2001/25/EC  that  confirms  the 
obligation of the Commission to control at regular intervals the application of the training and 
certification requirements laid down by the latter Directive. The Commission shall be assisted 
in this task by the Agency. 

Article 8 

This Article sets the deadline for the adoption and publication of the national implementation 
measures. 

Article 9 

This Article states the date of the entry into force of the Directive. 

7 

 
 
  
 
2004/0098 (COD) 

Proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

on the recognition of seafarers’ certificates issued by the Member States and amending 
Directive 2001/25/EC 

(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 Commission10, 

Having regard to the opinion of the European Economic and Social Committee11, 

Having regard to the opinion of the Committee of the Regions12, 

Acting in accordance with the procedure laid down in Article 251 of the Treaty13, 

Whereas: 

(1) 

In its resolution of 5 June 2003 on Improving the Image of Community Shipping and 
Attracting  Young  People  to  the  Seafaring  Profession,  the  Council  highlighted  the 
necessity  of  fostering  the  professional  mobility  of  seafarers  within  the  European 
Union, with particular emphasis on recognition procedures for seafarers’ certificates of 
competency,  while  ensuring  thorough  compliance  with  the  requirements  of  the 
International  Maritime  Organisation  Convention  on  Standards  of  Training, 
Certification and Watchkeeping for Seafarers, 1978 as amended (STCW Convention ). 

(2)  Maritime  transport  is  an  intensively  and  rapidly  developing  sector  of  a  particularly 
international character. Accordingly, in view of the increasing shortage of Community 
seafarers,  the  balance  between  supply  and  demand  in  personnel  can  be  maintained 
more  efficiently  at  the  Community  rather  than  the  national  level.  It  is  therefore 
essential  that  the  common  transport  policy  in  the  field  of  maritime  transport  be 
extended to facilitate the movement of seafarers within the Community. 

10 
11 
12 
13 

OJ C […], […], p. […]. 
OJ C […], […], p. […]. 
OJ C […], […], p. […]. 
OJ C […], […], p. […]. 

8 

 
 
  
 
                                                 
(3) 

(4) 

(5) 

(6) 

(7) 

(8) 

As regards seafarers’ qualifications, the Community has laid down minimum maritime 
education, training and certification requirements by way of Directive 2001/25/CE of 
the European Parliament and of the Council of 4 April 2001 on the minimum level of 
training  of  seafarers14.  That  Directive  incorporates  into  Community  law  the 
international  training,  certification  and  watchkeeping  standards  laid  down  by  the 
STCW Convention. 

Directive  2001/25/EC  provides  that  seafarers  must  hold  a  certificate  of  competency 
issued and endorsed by the competent authority of a Member State in accordance with 
that Directive and entitling the lawful holder thereof to serve on a ship in the capacity 
and perform the functions involved at the level of responsibility specified therein. 

Under  Article  18(1)  and  (2)  of  Directive  2001/25/EC  mutual  recognition  among 
Member  States  of  certificates  held  by  seafarers  whether  or  not  nationals  of  Member 
States  are  subject  to  the  provisions  of  Council  Directives  89/48/EEC15  and 
92/51/EEC16  setting  up,  respectively  a  first  and  a  second  general  system  for  the 
recognition of professional education and training. Those Directives do not provide for 
the  automatic  recognition  of  formal  qualifications  of  seafarers,  as  seafarers  may  be 
subject to compensation measures. 

by 

issued 

another  Member  State 

Each  Member  State  should  recognise  any  certificate  and  other  evidence  of  formal 
qualifications 
accordance  with 
Directive 2001/25/EC. Therefore, each Member State should permit a seafarer having 
acquired  his/her  certificate  of  competency  in  another  Member  State,  satisfying  the 
requirements  of  that  Directive,  to  take  up  or  to  pursue  the  maritime  profession  for 
which he/she is qualified, without any prerequisites other than those imposed on for its 
own nationals. 

in 

The  STCW  Convention  specifies  language  requirements  for  seafarers.  These 
requirements  should  be  introduced  into  Community  law  to  ensure  effective 
communication on board ships and facilitate the free movement of seafarers within the 
Community. 

Today,  the  proliferation  of  certificates  of  competency  of  seafarers  obtained  by  fraud 
poses a serious danger to safety at sea and the protection of the marine environment. In 
most cases, holders of fraudulent certificates of competency do not meet the minimum 
certification  requirements  of  the  STCW  Convention.  These  seafarers  may  easily  be 
involved in maritime accidents. 

(9)  Member  States  should  therefore  take  and  enforce  specific  measures  to  prevent  and 
penalise fraudulent practices associated with certificates of competency issued in their 
territory. 

14 

15 

16 

OJ  L  136,  18.5.2001,  p.  17.  Directive  as  last  amended  by  Directive  2003/103/EC  (OJ  L  326, 
13.12.2003, p. 28). 
OJ L 19, 24.1.1989, p. 16. Directive as amended by Directive 2001/19/EC of the European Parliament 
and of the Council (OJ L 206, 31.7.2001, p.1). 
OJ  L  209,  24.7.1992.  Directive  as  last  amended  by  Commission  Decision  2004/108/EC  (OJ  L  32, 
5.2.2004, p.15). 

9 

 
 
  
 
                                                 
(10)  Regulation  (EC)  No  1406/2002  of  the  European  Parliament  and  of  the  Council 
established  a  European  Maritime  Safety  Agency17  (the  Agency),  for  the  purpose  of 
ensuring  a  high,  uniform  and  effective  level  of  maritime  safety  and  prevention  of 
pollution by ships. One of the tasks assigned to 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. 

(11)  The Agency should therefore assist the Commission in verifying that Member States 

comply with the requirements laid down in this Directive and Directive 2001/25/EC. 

(12)  The mutual recognition among Member States of certificates held by seafarers whether 
or  not  nationals  of  Member  States  should  no  longer  be  subject  to  the  provisions  of 
Directives 89/48/EEC and 92/51/EC, but should be governed by the provisions of this 
Directive. 

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

HAVE ADOPTED THIS DIRECTIVE: 

Article 1 

Scope 

This Directive shall apply to the seafaring professions carried out by: 

a) 

b) 

nationals of a Member State; and 

non-nationals who hold a certificate of competency issued by a Member State. 

For the purposes of this Directive the following definitions shall apply: 

Article 2 

Definitions 

a) 

b) 

c) 

17 

“seafaring  professions”  means  the  regulated  professional  activities  carried  out  by 
seafarers  trained  at  least  in  accordance  with  the  requirements  of  the  STCW 
Convention, as laid down in Annex I to Directive 2001/25/EC; 

“certificate”  means  a  valid  document  within  the  meaning  of  Article  4  of 
Directive 2001/25/EC;  covered  under  this  definition  are  certificates  of  competency 
for masters and  officers,  endorsements, special certificates, medical  certificates and 
documentary evidence of training, including sea service time, that are issued to any 
seafarer in accordance with Directive 2001/25/EC; 

“appropriate certificate” means a certificate of competency for masters, officers and 
radio officers as defined in Article 1 point 27) of Directive 2001/25/EC;  

OJ  L  208,  5.8.2002,  p.1.  Regulation  as  amended  by  Regulation  (EC)  No  1644/2003  (OJ  L  245, 
29.9.2003, p. 10). 

10 

 
 
  
 
                                                 
d) 

e) 

f) 

g) 

h) 

i) 

1. 

2. 

3. 

“endorsement”  means  a  valid  document  issued  by  the  competent  authority  of  a 
Member  State  to  attest  the  issuance  of  a  certificate,  in  accordance  with  Article  VI, 
paragraph 2 and Regulation I/2, paragraph 3 of the STCW Convention; 

“recognition”  means  the  permission  to  use  a  certificate  or  appropriate  certificate 
issued  by  another  Member  State  with  a  view  to  employment  on  board  a  ship 
registered  in  a  Member  State  in  the  capacities  and  functions  and  at  the  levels  of 
responsibility specified in the endorsement to the certificate or as otherwise required 
by Directive 2001/25/EC;  

“host Member State” means any Member State in which a seafarer intends to take up 
or  pursue  a  seafaring  profession,  other  than  the  Member  State  in  which  he/she 
obtained  his/her  certificate  or  other  documentation  of  training  or  first  exercised  the 
profession in question; 

“STCW Convention” means the International Convention on Standards of Training, 
Certification and Watchkeeping for Seafarers, 1978, as amended;  

“STCW Code” means the Seafarers’ Training, Certification and Watchkeeping Code, 
as adopted by Resolution 2 of the 1995 STCW Conference of Parties, as amended;  

“the  Agency”  means  the  European  Maritime  Safety  Agency,  established  by 
Regulation (EC) N° 1406/2002. 

Article 3 

Recognition of certificates 

Every  Member  State  shall  recognise  the  appropriate  certificates  or  any  other 
certificate  of  seafarers  awarded  to  nationals  or  non-nationals  of  Member  States  by 
another  Member  State  in  accordance  with  the  requirements  laid  down  in 
Directive 2001/25/EC. 

Any seafarer holding an appropriate certificate or any other certificate as defined in 
paragraph  1  shall  be  permitted  to  serve  on  board  ships  flying  the  flag  of  another 
Member State. 

The recognition of appropriate certificates shall be limited to the capacities, functions 
and levels of competency prescribed by the endorsement. 

Article 4 

Language proficiency  

Member States shall ensure that seafarers acquire adequate language proficiency, as defined 
in  Sections  A-II/1,  A-III/1,  A-IV/2  and  A-II/4  of  the  STCW  Code  so  as  to  enable  them  to 
perform their specific duties in a host Member State. 

11 

 
 
  
 
Article 5 

Prevention of fraud  

1. 

2. 

3. 

Member  States  shall  take  and  enforce  the  appropriate  measures  to  prevent  and 
penalise fraud involving the certification process or certificates issued and endorsed 
by their competent authorities. 

Member  States  shall  designate  the  national  authorities  competent  to  detect  and 
combat  fraudulent  practices  and  exchange  information  with  other  Member  States’ 
competent authorities concerning certification of seafarers.  

Member States shall forthwith inform the other Member States and the Commission 
thereof. 

In the event of justified doubts, the host Member State may require of the competent 
authorities  of  another  Member  State  to  furnish  written  confirmation  of  the 
authenticity  of  seafarers’  certificates,  corresponding  endorsements  or  any  other 
documentary evidence of training issued in that other Member State. 

Article 6 

Regular monitoring of compliance 

Without  prejudice  to  the  powers  of  the  Commission  under  Article  226  of  the  Treaty,  the 
Commission, assisted by the Agency, shall verify, at intervals of not more than five years, that 
the appropriate measures have been taken in accordance with Article 5 (1).  

Article 7 

Amendments to Directive 2001/25/EC 

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

(a) 

Article  18(1) and (2)  are deleted  with effect  from  [the  same  date as  the  date  in  the 
first sub-paragraph of Article 8(1)]; 

(b) 

the following Article 22a is inserted: 

“Article 22a 

Regular Monitoring of compliance 

Without  prejudice  to  the  powers  of  the  Commission  under  Article  226  of  the  Treaty,  the 
Commission, assisted by the Agency, shall verify, at intervals of not more than five years, that 
Member States comply with the minimum requirements laid down by this Directive.” 

12 

 
 
  
 
Article 8 

Transposition 

1. 

Member  States  shall  bring  into  force  the  laws,  regulations  and  administrative 
provisions necessary to comply with this Directive by […] at the latest18. They shall 
forthwith  communicate  to  the  Commission  the  text  of  those  provisions  and  a 
correlation table between those provisions and this Directive. 

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. 

2. 

Member  States  shall  communicate  to  the  Commission  the  text  of  the  provisions  of 
national law which they adopt in the field covered by this Directive. 

Article 9 

Entry into force 

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

Article 10 

Addressees 

This Directive is addressed to the Member States. 

Done at Brussels, […] 

For the European Parliament 
The President 
[…] 

For the Council 
The President 
[…] 

18 

18 months after the date of entry into force of the Directive. 

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LEGISLATIVE FINANCIAL STATEMENT 

Policy area(s): MARITIME TRANSPORT. 

Activit(y/ies):  RECOGNITION  OF  CERTIFICATES  OF  SEAFARERS  ISSUED  BY  THE  MEMBER 
STATES  ACCORDING  TO  COMMUNITY  AND  INTERNATIONAL  TRAINING  AND  CERTIFICATION 
REQUIREMENTS. 

TITLE OF ACTION: DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL ON THE 
RECOGNITION OF CERTIFICATES OF SEAFARERS ISSUED BY THE MEMBER STATES AND 
AMENDING DIRECTIVE 2001/25/EC 

Methods of implementation 

tasks 

assigned 

The  European  Maritime  Safety  Agency  will  assist  the  Commission  in  carrying  out  some  of 
in 
the 
Regulation (EC) No 1406/2002  of  27  June  2002  of  the  European  Parliament  and  of  the 
Council, establishing a European Maritime Safety Agency. The involved expenditure shall be 
proposed by the Agency, within the framework of its work programme.  

proposed  measure, 

provided 

the 

for 

by 

as 

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. 

14 

 
 
  
 
 
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 on the recognition of 
certificates of seafarers issued by the Member States and amending Directive 2001/25/EC. 

DOCUMENT REFERENCE NUMBER 

COM(2004) 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 facilitate recognition of certificates of seafarers, 
which  are  issued  by  the  Member  States  in  line  with  Directive  2001/25/EC,  as 
amended, on the minimum level of training of seafarers19 and ensure full compliance 
by the Member States with the requirements of the Directive.  

Community legislation is necessary to ensure consistent and thorough application of 
the relevant requirements within the Union, while ensuring unconditional recognition 
of certificates between Member States.  

THE IMPACT ON BUSINESS 

2. 

Who will be affected by the proposal? 

–  Which sectors of business? 

Shipping companies operating ships flying the flag of Member States. 

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

firms)? 

All sizes of companies active in this sector. 

19 

This Directive transposes into Community law the requirements of the Convention of the International 
Maritime Organisation on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, 
as amended (STCW Convention). 

15 

 
 
  
 
 
                                                 
–  Are there particular geographical areas of the Community where these businesses 

are found? 

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

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 Directive 2001/25/EC, as amended.  

4. 

What economic effects is the proposal likely to have? 

–  On employment 

Jobs  will  probably  be  created  as  the  offer  would  in  principle  rise  given  that 
certificates  issued  by  a  Member  State  shall  be  recognised  by  all  the  other  Member 
States. 

–  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. 

The Council of Ministers and the European Parliament stressed the need to maintain 
and  develop  the  level  of  knowledge  and  skills  in  the  seafaring  sector  and  ensure 
respect of all the existing requirements in this field by the Member States. 

In its conclusions of 5 June 2003 on the Promotion of the Shipping Industry and the 
Seafaring Profession within the Union, the Council emphasized the need to foster the 
mobility of seafarers and ensure thorough compliance by the Member States with the 
requirements of the STCW Convention. 

16