Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Directive (EU) 2017/2397 as regards the transitional measures for the recognition of third countries certificates
Date: 2021-02-18
Institutions: Directorate-General for Mobility and Transport, European Commission
Subjects: crew, inland waterway fleet, inland waterway shipping, intra-EU transport, maritime safety, professional qualifications, recognition of vocational training qualifications, ship's passport, third country

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   EUROPEAN COMMISSION  Brussels, 18.2.2021  COM(2021) 71 final 2021/0039 (COD)  Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Directive (EU) 2017/2397 as regards the transitional measures for the recognition of third countries certificates (Text with EEA relevance)  
 
EXPLANATORY MEMORANDUM 

1. 

• 

CONTEXT OF THE PROPOSAL 

Reasons for and objectives of the proposal 

The purpose of this proposal is to amend the transitional provisions of Directive (EU) 
2017/2397 on the recognition of professional qualifications in inland navigation (‘the 
Directive’) to  cover certificates of qualification, service record books and  logbooks 
issued by third countries (‘third country documents’).  

Article  38  of  the  Directive  lays  down  transitional  measures  concerning  the 
certificates  of  qualification,  service  record  books  and  logbooks  issued  before  18 
January 2022 (the day following the expiry of the period for the transposition of the 
Directive).  In  general,  the  documents  concerned  remain  valid  on  the  Union  inland 
waterways for which they were valid before that date, for a maximum of 10 years.  

However,  apart  from  the  Rhine  navigation  licences  referred  to  in  Article  1(5)  of 
Directive 96/50/EC, the Directive makes no provision for any transitional measures 
for  documents  issued  by  third  countries  that  are  currently  recognised  by  Member 
States unilaterally or in accordance with their international agreements. 

Consequently, from 17 January 2022, third country documents will be recognised in 
the Union only once the Commission has adopted an implementing act under Article 
10(5) of the Directive granting recognition in the Union to the documents issued by 
that third country.  

Given that the procedure for recognition of third country documents is based on the 
assessment  of  the  certification  systems  in  the  requesting  third  country,  with  the 
purpose to determine whether the issuing of the certificates, service record books or 
logbooks specified in the request is subject to requirements that are identical to those 
laid  down  in  the  Directive,  it  is  unlikely  that  the  recognition  procedure  will  be 
completed before 17 January 2022.  

First,  for  this  procedure  to  be  completed  before  that  date,  the  third  countries 
concerned  would  have  to  align  their  national  legislation  with  the  requirements  laid 
down in the Directive. 

Secondly,  the  Commission  would  have  to  assess  the  certification  system  in  the 
requesting  third  country  and  adopt  an  implementing  act  under  Article  10(5)  of  the 
Directive. 

In the absence of the implementing act under Article 10(5) of the Directive granting 
recognition  in  the  Union  to  the  documents  issued  by  the  third  country  concerned, 
persons  holding  the  documents  issued  by  that  third  country  will  not  be  allowed  to 
navigate on the Union inland waterways.  

This  situation  could  create  significant  practical  difficulties,  particularly  as  regards 
navigation  on  the  Danube,  since  crew  members  holding  third  country  documents 
represent significant workforce.  

The  objective  of  this  proposal  is  to  provide  for  an  adequate  period  during  which  a 
Member  State  may  continue  to  recognise,  on  the  basis  of  its  national  requirements 
established before 16 January 2018 and  with respect to the territory of the Member 
State  in  question,  third  country  documents  which  are  currently  recognised  by  that 
Member State unilaterally or on the basis of an international agreement. The scope of 

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this  transitional  measure  is  limited  to  the  documents  issued  before  the  cut-off  date 
(18 January 2023) which is defined by reference to the day following the expiry of 
the period for the transposition of the Directive (17 January 2022) extended by one 
year.  This  cut-off  date  takes  into  account  the  fact  that,  first,  the  third  country 
requesting the recognition  will have to  align its requirements to  those laid down in 
the  Directive  and,  secondly,  the  Commission  will  have  to  assess  the  certification 
systems  in  the  requesting  third  country  and,  where  appropriate,  adopt  an 
implementing act under Article 10(5) of the Directive. 

The  purpose  of  this  solution  is  to  ensure  a  smooth  transition  to  the  system  of  the 
recognition of third country documents provided for in Article 10 of the Directive, by 
providing for the period of time necessary to allow the third countries to align their 
requirements  to  those  laid  down  in  the  Directive,  as  well  as  to  enable  the 
Commission to assess their certification systems and, where appropriate to adopt an 
implementing  act  under  Article  10(5)  of  the  Directive.  It  will  also  ensure  legal 
certainty  to  the  individuals  and  economic  operators  active  in  the  inland  waterway 
transport sector.  

Moreover, it is necessary to take into account the fact that, once the Commission will 
grant the recognition to the certificates of qualification issued by a third country, the 
third  country  concerned  may  issue  new  certificates  in  exchange  of  the  documents 
which  are  subject  to  the  transitional  arrangements.  In  this  regard,  it  is  necessary  to 
clarify that those new certificates will be recognised on all Union inland waterways 
only subject to Article 10(3) of the Directive and provided that the conditions for the 
exchange applied by the third country have been found to be identical to those laid 
down in Article 38(1) and (3) of the Directive. 

Consistency with existing policy provisions in the policy area 

This  proposal  constitutes  an  amendment  of  limited  scope  to  Directive  (EU) 
2017/2397, introducing transitional provisions applicable to third country documents 
recognised  within  some  Member  States  before  18  January  2022.  It  is  designed  to 
avoid  disruption  of  the  labour  market  in  the  inland  waterway  transport  sector.  The 
proposal is thus consistent with existing legislation in this sector.  

• 

Consistency with other Union policies 

The proposal concerns safety and mobility in the field of inland waterway transport. 
It  amends  Directive  (EU)  2017/2397  as  regards  the  recognition  of  third  country 
documents during the transitional period. 

2. 

• 

LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY 

Legal basis 

The  legal  basis  is  Article  91(1)  of  the  Treaty  on  the  Functioning  of  the  European 
Union (TFEU). 

• 

Subsidiarity  

The purpose of the proposal is  to  amend Directive (EU) 2017/2397  as required  for 
the purposes described above. The only means of achieving the objective pursued is 
an act at Union level. 

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• 

Proportionality 

The proposed Directive is considered proportionate, as it provides for a limited and 
necessary legal change that should avoid disruption of the labour market, ensure safe 
and efficient operation on inland waterways. It does not go beyond what is necessary 
to achieve this objective.  

• 

Choice of the instrument 

As the purpose of this proposal is to amend Directive (EU) 2017/2397, it should have 
the  same  legal  form.  A  directive  of  the  European  Parliament  and  of  the  Council  is 
therefore the appropriate legal instrument. 

3. 

• 

• 

• 

• 

• 

• 

RESULTS 
CONSULTATIONS AND IMPACT ASSESSMENTS 

EX-POST 

EVALUATIONS, 

OF 

STAKEHOLDER 

Ex-post evaluations/fitness checks of existing legislation 

Not  applicable,  as  the  proposal  amends  existing  legislation.  Moreover,  it  is  very 
limited in scope. 

Stakeholder consultations 

The roadmap for this initiative was published for feedback on the Better Regulation 
website  for  a  four-week  period.  Given  the  very  limited  scope  of  the  amendment, 
there is no need for further public consultation on the proposal.  

Collection and use of expertise 

The proposed measure has been subjected to legal and technical analysis within the 
Commission to ensure that it achieves its intended purpose while remaining limited 
to what is strictly necessary. 

Impact assessment 

There is no need for an impact assessment, as there are no materially different policy 
options  beyond  the  one  proposed.  The  purpose  of  the  proposal  is  to  extend  the 
existing situation for a limited period. 

Regulatory fitness and simplification 

Not applicable. 

Fundamental rights 

The proposal does not affect the application or protection of fundamental rights. 

4. 

BUDGETARY IMPLICATIONS 

5. 

• 

• 

Not applicable. 

OTHER ELEMENTS 

Implementation plans and monitoring, evaluation and reporting arrangements 

Not applicable. 

Explanatory documents  

The  notification  by  the  Member  States  of  the  transposition  measures  concerned  by 
the  proposal  is  not  to  be  accompanied  with  a  document  explaining  the  relationship 

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between  the  components  of  the  amending  directive  and  the  corresponding  parts  of 
national transposition instruments. The Commission does not see any reason for such 
document as it is not required for the other provisions of Directive (EU) 2017/2397.  

 

Detailed explanation of the specific provisions of the proposal 

Article 1 adds new paragraphs 7 and 8 to Article 38 of Directive (EU) 2017/2397. 

New paragraph 7 of Article 38 provides an option for Member States to continue to 
recognise  third  country  documents  on  the  basis  of  their  national  requirements 
established  before  the  entry  into  force  of  Directive  (EU)  2017/2397  (16  January 
2018). The recognition is limited to the inland waterways situated in territory of the 
Member  State  concerned  and  cannot  apply  beyond  17  January  2032.  The  scope  of 
this  transitional  measure  may  only  cover  the  documents  issued  by  a  third  country 
before the cut-off date (18 January 2023).  

New paragraph 8 of Article 38 clarifies that where the third country concerned issues 
new  certificates  in  exchange  of  the  documents  which  are  subject  to  the  transitional 
arrangements,  those  new  certificates  will  be  recognised  on  all  Union  inland 
waterways  only  subject  to  Article  10(3)  of  the  Directive  and  provided  that  the 
conditions  for  the  exchange  applied  by  the  third  country  have  been  found  to  be 
identical to those laid down in Article 38(1) and (3) of the Directive. 

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2021/0039 (COD) 

Proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

amending Directive (EU) 2017/2397 as regards the transitional measures for the 
recognition of third countries certificates 

(Text with EEA relevance) 

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Article 91(1) thereof, 

Having regard to the proposal from the European Commission, 

After transmission of the draft legislative act to the national parliaments, 
Having regard to the opinion of the European Economic and Social Committee1,  
Having regard to the opinion of the Committee of the Regions2,  

Acting in accordance with the ordinary legislative procedure, 

Whereas: 

(1) 

(2) 

(3) 

1 
2 
3 

4 

Directive  (EU)  2017/2397  of  the  European  Parliament  and  of  the  Council3  sets  out 
transitional  measures  in  order  to  ensure  the  continued  validity  of  certificates  of 
qualification,  service  record  books  and  logbooks  issued  before  the  end  of  its 
transposition  period  and  to  give  skilled  crew  members  reasonable  time  in  which  to 
apply  for  a  Union  certificate  of  qualification  or  another  certificate  recognised  as 
equivalent. However, with the exception of the Rhine navigation licences referred to in 
Article 1(5) of Council Directive 96/50/EC4, those transitional measures do not apply 
to the certificates of qualification, service record books and logbooks issued by third 
countries  that  are  currently  recognised  by  Member  States  under  their  national 
requirements established before the entry into force of Directive (EU) 2017/2397. 

Article 10(3), (4) and (5) of Directive (EU) 2017/2397 lay down the procedure and the 
conditions for the recognition of certificates, service record books or logbooks issued 
by the authorities of a third country.  

Given  that  the  procedure  for  recognition  of  third  country  documents  is  based  on  the 
assessment  of  the  certification  systems  in  the  requesting  third  country,  with  the 
purpose  to  determine  whether  the  issuing  of  the  certificates,  service  record  books  or 

OJ C , , p. . 
OJ C […], […], p. […]. 
Directive (EU) 2017/2397 of the European Parliament and of the Council of 12 December 2017 on the 
recognition  of  professional  qualifications  in  inland  navigation  and  repealing  Council  Directives 
91/672/EEC and 96/50/EC (OJ L 345, 27.12.2017, p. 53). 
Council  Directive  96/50/EC  of  23  July  1996  on  the  harmonization  of  the  conditions  for  obtaining 
national  boatmasters'  certificates  for  the  carriage  of  goods  and  passengers  by  inland  waterway  in  the 
Community (OJ L 235, 17.9.1996, p. 31). 

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logbooks specified in the request is subject to requirements that are identical to those 
laid  down  in  Directive  (EU)  2017/2397,  it  is  unlikely  that  the  recognition  procedure 
will be completed before 17 January 2022. 

In order to ensure a smooth transition to the system of the recognition of third country 
documents provided for in Article 10 of Directive (EU) 2017/2397, it is necessary to 
provide  for  transitional  measures  which  would  allow  the  time  needed  for  the  third 
countries to align their requirements to those laid down in that Directive, as well as for 
the Commission to  assess their certification systems  and, where appropriate to  adopt 
an implementing act under Article 10(5) of that Directive. Those measures would also 
ensure  legal  certainty  to  the  individuals  and  economic  operators  active  in  the  inland 
waterway transport sector. In the light of those objectives, it is appropriate to set the 
cut-off date for third country documents falling within the scope of those transitional 
measures, by reference to the period for the transposition of that Directive extended by 
one year.  

To ensure consistency with the transitional measures applicable to the Member States 
pursuant  to  Article  38  of  Directive  (EU)  2017/2397,  the  transitional  measures 
applicable to certificates of qualification, service record books and logbooks issued by 
third  countries  and  recognised  by  the  Member  States  should  not  apply  beyond  17 
January 2032. Moreover, the recognition  of such certificates of qualification,  service 
record books and logbooks should be restricted to the Union inland waterways situated 
in the Member State concerned. 

In order to ensure consistency with the transitional measures applicable to certificates 
of qualification issued by Member States, it is appropriate to clarify that certificates of 
qualification issued by a third country in exchange for the certificates covered by the 
transitional  arrangements  should  be  valid  on  all  Union  inland  waterways,  on  the 
condition that the third country concerned has been granted recognition in accordance 
with  Article  10(3)  Directive  (EU)  2017/2397  and  that  the  requirements  for  the 
exchange  applied  by  that  third  country  have  been  found  to  be  identical  to  those 
provided  for  by  Article  38(1)  and  (3)  of  that  Directive  with  regard  to  the  Member 
States. 

Therefore, in order to provide inland waterway transport companies and workers with 
legal clarity and certainty, Directive (EU) 2017/2397 should be amended accordingly.  

In  order  to  enable  Member  States  to  promptly  proceed  with  the  transposition  of  the 
measures  for  which  this  Directive  provides,  it  should  enter  into  force  on  the  day 
following that of its publication in the Official Journal of the European Union,  

(4) 

(5) 

(6) 

(7) 

(8) 

HAVE ADOPTED THIS DIRECTIVE:  

Article 1 

The following paragraphs 7 and 8 are added to Article 38 of Directive (EU) 2017/2397: 

‘7. Until 17 January 2032, Member States may continue to recognise, on the basis of national 
Member State’s requirements established before 16 January 2018, certificates of qualification, 
service record books and logbooks that have been issued by a third country before 18 January 
2023. The recognition shall be limited to the inland waterways on the territory of the Member 
State concerned.  

8.  Certificates  of  qualification issued  by  a  third  country  in  exchange  for  the  certificates  of 
qualification referred to in paragraph 7, shall be valid on all Union inland waterways subject 

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to Article 10(3) and provided that the conditions for the exchange applied by the third country 
have been found to be identical to those laid down in paragraphs 1 and 3 of this Article.’. 

Article 2 

1. 

Member  States  shall  bring  into  force  the  laws,  regulations  and  administrative 
provisions necessary to comply with this Directive by 17 January 2022 at the latest. 
They shall forthwith communicate to the Commission the text of those provisions. 

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 main provisions 
of national law which they adopt in the field covered by this Directive. 

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

Article 3 

This Directive is addressed to the Member States. 

Done at Brussels, 

Article 4 

For the European Parliament 
The President 

For the Council 
The President 

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