Directive 2005/45/EC of the European Parliament and of the Council of 7 September 2005 on the mutual recognition of seafarers' certificates issued by the Member States and amending Directive 2001/25/EC   (Text with EEA relevance)
Date: 2005-09-07
Institutions: Council of the European Union, European Parliament
Subjects: crew, maritime shipping, recognition of diplomas, recognition of vocational training qualifications

L 255/160

EN

Official Journal of the European Union

30.9.2005

DIRECTIVE 2005/45/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 7 September 2005

on the mutual 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 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 consulting the Committee of the Regions,

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

Whereas:

(1)

(2)

(3)

In its conclusions of 5 June 2003 on improving the
image of Community shipping and attracting young
people to the seafaring profession, the Council high-
lighted the necessity of fostering the professional mobi-
lity of seafarers within the European Union, with par-
ticular emphasis on recognition procedures for seafarers'
certificates of competency, while ensuring thorough
compliance with the requirements of the International
Maritime Organisation (IMO) Convention on Standards
for
of Training, Certification
Seafarers, 1978 (the STCW Convention) in its up to date
version.

and Watchkeeping

Maritime transport is an intensively and rapidly devel-
oping sector of a particularly international character.
Accordingly, in view of the increasing shortage of Com-
munity 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.

As regards seafarers' qualifications, the Community has
laid down minimum maritime education, training and
of Directive
certification
2001/25/EC of
the
Council of 4 April 2001 on the minimum level of
training of seafarers (3). That Directive incorporates into

by way
the European Parliament and of

requirements

(1) OJ C 157, 28.6.2005, p. 53.
(2) Opinion of the European Parliament of 23 February 2005 (not yet
published in the Official Journal). Decision of the Council of 27 June
2005.

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

sion Directive 2005/23/EC (OJ L 62, 9.3.2005, p. 14).

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 speci-
fied therein.

Under Directive 2001/25/EC, mutual recognition among
Member States of certificates held by seafarers, whether
or not nationals of a Member State, is subject to Direc-
tives 89/48/EEC (4) and 92/51/EEC (5) setting up, respec-
tively, a first and a second general system for the recog-
nition 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.

Each Member State should recognise any certificate and
other evidence of formal qualifications issued by another
Member State in 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 its own
nationals.

Since this Directive is aimed at facilitating the mutual
recognition of certificates, it does not regulate the condi-
tions concerning access to employment.

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.

(4)

(5)

(6)

(7)

(8)

(4) Council Directive 89/48/EEC of 21 December 1988 on a general
system for the recognition of higher-education diplomas awarded
on completion of professional education and training of at least
three years' duration (OJ L 19, 24.1.1989, p. 16). Directive as last
amended by Directive 2001/19/EC of the European Parliament and
of the Council (OJ L 206, 31.7.2001, p. 1).

(5) Council Directive 92/51/EEC of 18 June 1992 on a second general
system for the recognition of professional education and training to
supplement Directive 89/48/EEC (OJ L 209, 24.7.1992, p. 25).
Directive as last amended by Commission Decision 2004/108/EC
(OJ L 32, 5.2.2004, p. 15).

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(9)

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 environ-
ment. In most cases, holders of fraudulent certificates of
competency do not meet
the minimum certification
requirements of the STCW Convention. These seafarers
could easily be involved in maritime accidents.

(10) Member States should therefore take and enforce specific
measures to prevent and penalise fraudulent practices
associated with certificates of competency as well as
pursue their efforts within the IMO to achieve strict and
enforceable agreements on the worldwide combating of
such practices. The Committee on Safe Seas and the
Prevention of Pollution from Ships (COSS) is an appro-
priate forum for exchanging information, experience and
best practices in this respect.

(11)

(12)

(13)

Regulation (EC) No 1406/2002 (1), established a Euro-
pean Maritime Safety Agency (the Agency),
for the
purpose of ensuring a high, uniform and effective level
of maritime safety and prevention of pollution from
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 the
training, certification and watchkeeping of ships' crews.

The Agency should therefore assist the Commission in
verifying that Member States comply with the require-
ments
and Directive
2001/25/EC.

laid down in this Directive

The mutual recognition among Member States of certifi-
cates held by seafarers, whether or not nationals of a
Member State, should no longer be subject to Directives
89/48/EEC and 92/51/EEC, but should be governed by
this Directive.

(14) Directive 2001/25/EC should therefore be amended

accordingly.

(15)

Since the objective of this Directive, namely the mutual
recognition of the seafarers' certificates issued by the
Member States, cannot be sufficiently achieved by the
Member States and can therefore be better achieved at
Community level, the Community may adopt measures
in accordance with the principle of subsidiarity as set
out in Article 5 of the Treaty. In accordance with the
principle of proportionality, as set out in that Article,
this Directive does not go beyond what is necessary in
order to achieve that objective.

(16)

In accordance with paragraph 34 of the Interinstitutional
Agreement on better law-making (2), Member States are
for themselves and in the
encouraged to draw up,

(1) Regulation (EC) No 1406/2002 of the European Parliament and of
the Council of 27 June 2002 establishing a European Maritime
Safety Agency (OJ L 208, 5.8.2002, p. 1). Regulation as last
amended by Regulation (EC) No 724/2004 (OJ L 129, 29.4.2004,
p. 1).

(2) OJ C 321, 31.12.2003, p. 1.

interest of the Community, their own tables, which will,
as far as possible, illustrate the correlation between this
Directive and their transposition measures, and to make
those tables public,

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Scope

This Directive shall apply to seafarers who are:

(a) nationals of a Member State;

(b) non-nationals who hold a certificate issued by a Member

State.

Article 2

Definitions

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

(a) ‘seafarer’ means a person who is trained and who is certifi-
cated by a Member State at least in accordance with the
to Directive
down in Annex
requirements
2001/25/EC;

laid

I

(b) ‘certificate’ means a valid document within the meaning of

Article 4 of Directive 2001/25/EC;

(c) ‘appropriate certificate’ means a certificate as defined in

Article 1(27) of Directive 2001/25/EC;

(d) ‘endorsement’ means a valid document

issued by the
competent authority of a Member State in accordance with
Article 5(2) and (6) of Directive 2001/25/EC;

(e) ‘recognition’ means

the acceptance by the competent
authorities of a host Member State of a certificate or appro-
priate certificate issued by another Member State;

(f) ‘host Member State’ means any Member State in which a
seafarer seeks recognition of his/her appropriate certifi-
cate(s) or other certificate(s);

(g) ‘STCW Convention’ means the International Convention on
Standards of Training, Certification and Watchkeeping for
Seafarers, 1978, in its up-to-date version;

(h) ‘STCW Code’ means the Seafarers' Training, Certification
and Watchkeeping Code, as adopted by Resolution 2 of the
1995 STCW Conference of Parties,
in its up-to-date
version;

(i) ‘the Agency’ means the European Maritime Safety Agency,

established by Regulation (EC) No 1406/2002.

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Article 3

Recognition of certificates

1.
Every Member State shall recognise appropriate certifi-
cates or other certificates issued by another Member State in
accordance with the requirements laid down in Directive
2001/25/EC.

2.
The recognition of appropriate certificates shall be limited
to the capacities, functions and levels of competency prescribed
therein and be accompanied by an endorsement attesting such
recognition.

3. Member States shall ensure the right to appeal against
any refusal to endorse a valid certificate, or the absence of any
legislation and proce-
response,
dures.

in accordance with national

4.
Notwithstanding paragraph 2, the competent authorities
of a host Member State may impose further limitations on
capacities, functions and levels of competence relating to near-
coastal voyages, as referred to in Article 7 of Directive
2001/25/EC, or alternative certificates issued under Regulation
VII/1 of Annex I to Directive 2001/25/EC.

5.
A host Member State shall ensure that seafarers who
present for recognition certificates for functions at the manage-
ment level have an appropriate knowledge of the maritime
legislation of that Member State relevant to the functions they
are permitted to perform.

Article 4

Amendments to Directive 2001/25/EC

Directive 2001/25/EC is hereby amended as follows:

1. Article 4 shall be replaced by:

‘Article 4

Certificate

A certificate shall be any valid document, by whatever name
it may be known, issued by or under the authority of the
competent authority of a Member State in accordance with
Article 5 and with the requirements laid down in Annex I.’;

2. the following Article shall be inserted:

‘Article 7a

Prevention of fraud and other unlawful practices

1. Member States shall take and enforce the appropriate
measures to prevent
fraud and other unlawful practices
involving the certification process or certificates issued and
endorsed by their competent authorities, and shall provide
for penalties that are effective, proportionate and dissuasive.

2. Member States shall designate the national authorities
competent to detect and combat fraud and other unlawful

practices and exchange information with the competent
authorities of other Member States and of third countries
concerning the certification of seafarers.

Member States shall forthwith inform the other Member
States and the Commission of the details of such competent
national authorities.

Member States shall also forthwith inform any third coun-
tries with which they have entered into an undertaking in
accordance with Regulation I/10, paragraph 1.2 of
the
STCW Convention of the details of such competent national
authorities.

3.
At the request of a host Member State, the competent
authorities of another Member State shall provide written
confirmation or denial of the authenticity of seafarers' certi-
ficates, corresponding endorsements or any other documen-
tary evidence of training issued in that other Member State.’;

3. Article 18(1) and (2) shall be deleted with effect

from

20 October 2007;

4. The following Articles shall be inserted:

‘Article 21a

Regular monitoring of compliance

Without prejudice to the powers of the Commission under
Article 226 of the Treaty, the Commission, assisted by the
European Maritime Safety Agency, established by Regulation
(EC) No 1406/2002 (*), shall verify on a regular basis and at
least every five years that Member States comply with the
minimum requirements laid down by this Directive.

Article 21b

Compliance report

No later than 20 October 2010 the Commission shall
submit
to the European Parliament and the Council an
evaluation report drawn up on the basis of the information
obtained pursuant to Article 21a. In the report the Commis-
sion shall analyse the Member States' compliance with this
Directive and, where necessary, make proposals for addi-
tional measures.

(*) Regulation (EC) No 1406/2002 of the European Parlia-
ment and of the Council of 27 June 2002 establishing a
European Maritime Safety Agency (OJ L 208, 5.8.2002,
p. 1). Regulation as last amended by Regulation (EC)
No 724/2004 (OJ L 129, 29.4.2004, p. 1).’;

5. the following paragraph shall be inserted in Annex I,

Chapter I:

‘1a. Member States shall ensure that seafarers possess
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 on a vessel flying the
flag of a host Member State.’

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Article 5

Transposition

1. Member States shall bring into force the laws, regulations
and administrative provisions necessary to comply with this
Directive by 20 October 2007. They shall forthwith inform the
Commission thereof.

Article 6

Entry into force

This Directive shall enter into force on the 20th day following
that of its publication in the Official Journal of the European
Union.

Article 7

Addressees

This Directive is addressed to the Member States.

When Member States adopt these measures, they shall contain
a reference to this Directive or be accompanied by such refer-
ence on the occasion of their official publication. The methods
of making such reference shall be laid down by Member States.

Done at Strasbourg, 7 September 2005.

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.

For the European Parliament

For the Council

The President

J. BORRELL FONTELLES

The President

C. CLARKE