Commission Regulation (EC) No 755/2008 of 31 July 2008 amending Annex II to Directive 2005/36/EC of the European Parliament and of the Council on the recognition of professional qualifications (Text with EEA relevance)
Date: 2008-07-31
Institutions: European Commission
Subjects: Latvia, Netherlands, cold store, maintenance, maritime shipping, recognition of vocational training qualifications

L 205/10

EN

Official Journal of the European Union

1.8.2008

COMMISSION REGULATION (EC) No 755/2008

of 31 July 2008

amending Annex II to Directive 2005/36/EC of the European Parliament and of the Council on the
recognition of professional qualifications

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(3)

Having regard to the Treaty
Community,

establishing the European

Having regard to Directive 2005/36/EC of
the European
Parliament and of the Council of 7 September 2005 on the
recognition of professional qualifications (1), and in particular
Article 11(c)(ii),

all

the deletion of

Italy and
The Czech Republic, Denmark, Germany,
Romania have
the
asked for
professions and associated description of training listed
for their countries under point 3(a) of Annex II
to
Directive 2005/36/EC. The Netherlands have asked for
‘first mate (coastal
the deletion of
vessel)
(stuurman kleine
(met aanvulling))’ and ‘coaster engineer
handelsvaart
(diploma motordrijver)’ as well as the
(with diploma)
associated description of
training from point 3(a) of
Annex II to Directive 2005/36/EC.

(with supplementary training)

two professions:

Whereas:

(4)

The United Kingdom has submitted a reasoned request
for removing its seafaring professions, falling within the
scope of Directive 2001/25/EC, from point 5 of Annex II
to Directive 2005/36/EC.

(1)

a

of

the

and

other

given

regulated

Parliament

profession,

Article 2(3) of Directive 2005/36/EC provides that where,
for
specific
arrangements directly related to the recognition of
professional qualifications are established,
the corre­
sponding provisions of Directive 2005/36/EC shall not
the
apply. Article 3(1) of Directive 2005/45/EC of
European
of
Council
7 September 2005 on the mutual
recognition of
seafarers’ certificates issued by the Member States and
amending Directive 2001/25/EC (2) provides
the
automatic recognition of seafarers’ certificates issued by
Member States in accordance with the requirements laid
down in Directive 2001/25/EC of
European
Parliament and of the Council of 4 April 2001 on the
seafarers (3). Directive
training of
minimum level of
2005/36/EC should therefore not apply to the recog­
seafarers’ qualifications working on board
nition of
vessels falling within the scope of Directive 2001/25/EC.

the

for

(5)

Directive 2005/36/EC should therefore be amended
accordingly.

(6)

The measures provided for in this Regulation are in
accordance with the opinion of the Committee for the
recognition of professional qualifications,

HAS ADOPTED THIS REGULATION:

(2)

The Czech Republic, Denmark, Germany, Italy, Romania
and the Netherlands have submitted reasoned requests
for removing their seafaring professions falling under
the scope of Directive 2001/25/EC from point 3(a) of
Annex II to Directive 2005/36/EC.

Article 1

Annex II to Directive 2005/36/EC is hereby amended as set out
in the Annex hereto.

(1) OJ L 255, 30.9.2005, p. 22. Directive as

(EC) No 1430/2007 (OJ

last amended by
L 320,

Commission Regulation
6.12.2007, p. 3).

Article 2

(2) OJ L 255, 30.9.2005, p. 160.
(3) OJ L 136, 18.5.2001, p. 17. Directive as last amended by Directive

2005/45/EC (OJ L 255, 30.9.2005, p. 160).

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

1.8.2008

EN

Official Journal of the European Union

L 205/11

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 31 July 2008.

For the Commission

Charlie McCREEVY
Member of the Commission

L 205/12

EN

Official Journal of the European Union

1.8.2008

ANNEX

Annex II to Directive 2005/36/EC is amended as follows:

1. Point 3(a) is replaced by the following:

‘(a) Sea transport

Training for the following:

in Latvia:

— electrical engineer officer on ships (kuģu elektromehāniķis),

— operator of refrigeration machinery (kuģa saldēšanas iekārtu mašīnists);

in the Netherlands:

— VTS-official (VTS-functionaris);

which represent training:

— in Latvia:

(i) for electrical engineer officer on ships (kuģu elektromehāniķis),

1. a person of not less than 18 years of age;

2. represents an education of a total duration of at least 12,5 years, comprising at least nine years of
elementary education and at least three years of vocational education. In addition, seagoing service of
not less than six months as a ship’s electrician or as assistant to the electrical engineer on ships with
generator power more than 750 kW is required. Vocational training is completed by a special exa­
mination by the competent authority in accordance with the training programme as approved by the
Ministry of Transport;

(ii) for operator of refrigeration machinery (kuģa saldēšanas iekārtu mašīnists),

1. a person of not less than 18 years of age;

2. represents an education of a total duration of at least 13 years, comprising at least nine years of
elementary education and at least three years of vocational education. In addition, seagoing service of
not less than 12 months as assistant to the refrigeration engineer is required. Vocational training is
completed by a special examination by the competent authority in accordance with the training
programme as approved by the Ministry of Transport;

— in the Netherlands:

An education of a total duration of at least 15 years, comprising at least three years of higher vocational
education (HBO) or intermediate vocational training (MBO), which are followed by national and regional
specialisation courses, comprising at least 12 weeks of theoretical training each and each culminating in an
examination.’

2. Point 5 is amended as follows:

The 10th, 11th, 12th, 13th and 14th indents are deleted.