Opinion of the European Economic and Social Committee on the ‘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’(COM(2004) 311 final — 2004/0098 (COD))
Date: 2004-12-15
Institutions: European Economic and Social Committee
Subjects: crew, recognition of diplomas, ship's passport, vocational training

28.6.2005

EN

Official Journal of the European Union

C 157/53

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

(COM(2004) 311 final — 2004/0098 (COD))

(2005/C 157/07)

On 6 May 2004, the Council decided to consult the European Economic and Social Committee, under
Article 80 para. 2 of the Treaty establishing the European Community, on the abovementioned 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 24 November 2004. The rappor-
teur was Mr Chagas.

At its 413th plenary session of 15 and 16 December 2004 (meeting of 15 December) the European
Economic and Social Committee adopted the following opinion by 140 votes in favour and four absten-
tions.

1. Background

1.1
The Commission presented on 26 April 2004, a
proposal for a Directive on the recognition of seafarers' certifi-
cates issued by the Member States and amending Directive
2001/25/EC (1), the purpose being to provide for a simplified
procedure for the recognition of certificates that are issued by
the Member States.

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. There is currently a paradox in that,
within the EU, the mutual recognition between Member States
is more difficult than recognition of third country certificates.

Training, certification and watchkeeping requirements
1.2
for seafarers are prescribed by the Convention of the Interna-
tional Maritime Organisation on Standards of Training, Certifi-
cation and Watchkeeping for Seafarers, 1978, as amended
inter alia,
(STCW Convention). The Convention lays down,
specific criteria for the recognition of certificates of seafarers
issued by the parties to a master, officer or radio operator.

1.5
The Commission proposes 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.

These international requirements were transposed into
1.3
Community legislation by way of Directive 2001/25/EC (2) of
the European Parliament and of the Council of 4 April 2001,
as last amended by Directive 2003/103/EC (3) 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
1.4
States, Directive 2001/25/EC provides that recognition of certi-
ficates of seafarers who are nationals or non-nationals of
Member States are subject
to the provisions of Directives
89/48/EEC (4) and 92/51/EEC (5) on the general system for the
recognition of professional education and training. The general
system establishes a procedure for the recognition of evidence

(1) Directive 2001/25/EC of

the
Council of 4.4.2001 on the minimum level of training of seafarers.

the European Parliament and of

(2) See footnote 1.
(3) Directive 2003/103/EC of

the
Council of 17.11.2003 amending Directive 2001/25/EC on the
minimum level of training of seafarers.

the European Parliament and of

(4) Council Directive 89/48/EEC on a General System for the Recogni-
tion of Higher Education Diplomas awarded on completion of
Professional Education and Training.

(5) Council Directive 92/51/EEC on a Second General System for the
Recognition of Education and Training to supplement Directive
89/48/EEC.

1.6
In addition, the Commission believes that it is appro-
priate 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 marine
professionals.

The Commission's proposals seek to amend Directive

1.7
2001/25/EC and additionally provide 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.

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2. General comments

2.1
The EESC recognises the necessity for a procedure 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.

2.2
The EESC further recognises the necessity to ensure
thorough and continuous compliance with existing require-
ments in order to meet international obligations.

2.3
The EESC notes, in its conclusions of 5 June 2003, the
Council's emphasis upon the need to foster the mobility of
seafarers within the Union (6).

2.9
The EESC while accepting the need for a more effective
and less burdensome system of mutual recognition of certifi-
cates between Member States, believes that there is an ongoing
necessity for procedures to actively combat fraudulent certifica-
tion. Host Member States must have appropriate procedures in
order that a certificate issued by another Member State may be
used on a ship of the host Member State.

2.10
The EESC believes that a host Member State, while
requiring minimum standards with respect to language skills
from all certificate holders, needs to satisfy requirements with
respect to the knowledge of maritime law of that Member
State. Thus necessitating the issue of a ‘recognition’ document.

The EESC further notes that the current general system
2.4
for the recognition of professional education and training is
somewhat cumbersome and precludes the mutual recognition
of certificates issued between the Member States from the
application of the relevant provisions of the Convention.

2.11
The EESC accepts that there is an important role for
the European Maritime Safety Agency (EMSA) in ensuring both
compliance and consistency across Member States and that the
administrative burden is kept to a minimum. This is essential in
order to ensure the high professional standing of seafarers certi-
ficated in Member States.

The EESC acknowledges that

2.5
the procedure recently
introduced for the recognition of certificates outside the Union
is simpler and hence seafarers qualified in a Member State may
be disadvantaged. The proposed changes, consistent with inter-
national requirements, should redress this possible disadvan-
tage.

2.6
The EESC further acknowledges that some Member
States reserve positions for their nationals in the posts of
master and chief mate as confirmed by the Court of Justice
cases C-47/02 and C-405/01; this serves as confirmation that
Member States may prevent the free movement of seafarers and
so reserve positions for their own nationals. The Netherlands
and the United Kingdom have the least restrictive policies
amongst Member States with respect to the employment of
non-nationals.

2.7
The EESC appreciates the necessity for a common
working language which all seafarers understand and are able
to communicate in. This is particularly important in emergency
situations and in the improvement of social conditions on
board.

2.8
The EESC welcomes the Commission drawing attention
to the proliferation of fraudulent certificates in a recent study
by the International Maritime Organisation (7) and urges
Member States to take and enforce all necessary measures to
prevent the fraudulent obtaining, fraudulent issuance and coun-
terfeiting of seafarers' certificates.

(6) On the Promotion of

the Shipping Industry and the Seafaring

Profession within the Union.

(7) A study of

fraudulent practices associated with certificates of
competency and endorsements, Seafarers International Research
Centre (SIRC) 2001.

The EESC while accepting the important role of EMSA,
2.12
recognises its limitations. However, the EESC draws attention
of the Commission to the need for appropriate resources of a
financial, human and technical nature.

2.13
The EESC draws the attention of the Commission to
the possible adverse effects of permitting an unlimited number
of nationals of one Member State sailing on ships of another
Member State. Whilst recognizing that this is in line with the
free movement of workers, as well as a necessity in some
instances, the EESC notes that lack of any limitation on the
number of certificates issued may adversely affect the continued
employment of seafarers in certain Member States. Ultimately
the sustainability and growth of the maritime skills base in the
EU may be affected.

2.14
The EESC urges Member States to work in concert
with their social partners to bring about a balanced employ-
ment regime to ensure the sustainability and growth of the EU
maritime skills base.

The EESC expresses disappointment that the Commis-
2.15
sion while addressing previously the recognition of
third
country nationals and now the mutual recognition of EU
seafarers' certificates is currently not seeking to have universally
applied protective social provisions for all seafarers employed
on EU flagged vessels.

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C 157/55

3. Specific comments

3.1 Article 1

is acknowledged that

It
the Directive shall apply to the
seafaring professions carried out by nationals of a Member
State and non-nationals who hold a certificate of competency
issued by a Member State. It is important that this should not
be extended to include certificates issued originally by a third
country and endorsed by a Member State.

3.2 Article 3

While acknowledging in paragraph 2 that 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 this should only be done
upon the issuance of a formal recognition document. Such a
document is required in order to prevent fraudulent use of
certificates and to testify to the language skills and knowledge
of maritime law of the host Member State.

3.3 Article 4

The EESC acknowledges the necessity for seafarers to acquire
adequate language proficiency as defined in sections A-II/1, A-
it is
III/1, A-IV/2 and A-II/4 of the STCW Code. However,
somewhat ambiguous in that it is difficult for the Member
States to ensure that the provision has been met whereas the
duty in accordance with the STCW Code should fall upon the
host Member State to ensure that seafarers have adequate
language proficiency. Once this is satisfied appropriate recogni-
tion may then be granted by the host Member State.

3.4 Article 5

The EESC welcomes the provisions with respect to the preven-
tion of fraud. The use of fraudulent certificates of competency
has the potential not only to endanger the safety of life at sea
but also cause severe damage to the marine environment and
undermining the standing of the nautical profession. The issu-
ance of an appropriate recognition document would assist in
the prevention of the fraudulent use of certificates.

Brussels, 15 December 2004.

3.5 Article 6

The EESC welcomes the role of the EMSA in ensuring that
Member States take and enforce appropriate measures to
prevent and penalise fraudulent use of certificates.

3.6 Article 7

The EESC acknowledges and welcomes that the Commission
assisted by the Agency shall verify at intervals of not more than
five years that the Member States comply with the application
of the training and certification requirements laid down in
Directive 2001/25/EC.

4. Conclusion

4.1 Without prejudice to the comments above, the EESC
acknowledges and welcomes the Commission's proposal.

The EESC accepts the need for the less burdensome
4.2
system of
recognition of certificates by Member States.
However, automatic recognition should not exclude the neces-
sity for ensuring appropriate language skills, knowledge of
maritime law of the host Member State and prevention of frau-
dulent use of certificates. This therefore requires the host
Member State to have appropriate procedures in place.

4.3
The EESC, while accepting the desirability for an effec-
tive and reliable system for the recognition of certificates of
competency issued in Member States, expresses concern that
the Commission fails to address the future employment of EU
nationals and the retention and growth of the European mari-
time skills base.

The EESC acknowledges

4.4
the
Commission assisted by the EMSA in ensuring integrity of the
procedures and requests that the Commission consider that
adequate resources are made available at both the Member
State and European levels.

the intended roles of

4.5
The EESC while acknowledging the importance the
Commission places on maritime education and training in the
interests of safety of life at sea and the protection of the marine
environment, expresses concern that no additional measures
have been taken to ensure that both third country nationals
and EU citizens are not exploited on ships of Member States.

The President

of the European Economic and Social Committee

Anne-Marie SIGMUND