Source: EURLEX
Language: en
Format: md

**COMMISSION OF THE EUROPEAN COMMUNITIES**

**Brussels, 25.03.1998**

**COM(1998)** **195 final**

**96/0240 (SYN)**

**OPINION OF THE COMMISSION**

**on the amendments proposed by the European Parliament**
**to the Council's common position on the**

**proposal for a**
**COUNCIL DIRECTIVE**

**amending Directive 94/58/EC on the minimum level of training of seafarers**

**(presented by the Commission pursuant to Article** **189** **c (d) of the** **EC** **Treaty)**

**OriNlOIilllLlllEJQQMMIJ&IQN**

on the amendments proposed by the European Parliament

to the Council's common position

on the proposal for a

COUNCIL DIKICNVI;

amending Directive 94/58/EC on the minimum level of training of seafarers

(presented by the Commission pursuant to Article 189 c (d) of the EC Treaty)

At its plenary session of 28-29 January 1998, the European parliament approved, subject
to a number of amendments, the text of the common position adopted by the Council on
20 October 1997 with in view to adopting Council Directive 98/.../EC of... amending
Directive 94/58/EC on the minimum level of training of seafarers.

Parliament's three amendments are given in annex.

Pursuant lo Article 189 c (d) of the _\iC_ Treaty, the Commission has re-examined its
proposal and decided not to accept the amendments for the following reasons:

**Amendment n° I** is not necessary since the wording of Article 5d(l) proposed by the
Council is exactly reflecting the text of Regulation 1/9 - paragraph 1 of the revised
STCW 95. Therefore in accordance with the principle to stick to the provisions of the
STCW 95 the text as it stands is sufficient.

**Amendment n° 2** adds to paragraph 4 of article 5h a text which is taken from the nonmandatory Part B of the STCW Code which serves as a guidance to national
Administrations.The text, as it stands in the common position, corresponds to section A
VIII/1/3 and the addition requested by this amendment corresponds to B VIII/1/1. In the
previous discussions in the Parliament and the Council it has been agreed that the
recommended part B of the Code should not become mandatory under the Articles of the
amending Directive. The question of the non-mandatory guidance is dealt in recital 7 of
the Common position which refers to Part B of the STCW.

**Amendment n° 3** deals with the watchkeeping provisions which are not part of the
existing Directive 94/58. As discussed in the context of the global compromise in the
Council it was agreed to maintain the spirit of Directive 94/58 dealing with training and
certification standards of seafarers.

However article 5h (fitness for duty) of the common position includes the main issue of
the watchkeeping provisions dealing with the rest periods of watchkeepers.

Accordingly, the Commission confirms its agreement with the Council's common
position of 20 October 1997.

OJC389, 22.12.1997, p. 1

## EUROPEAN PARLIAMENT

22 January 1998

AMENDMENT 1

tabled by the Committee on Transport and Tourism

RECOMMENDATION FOR SECOND READING

Rapporteur: Mr Parodi

MINIMUM LEVEL OF TRAINING FOR SEAFARERS

Common position of the Council
(C4-0563/97 - 96/0240(SYN))

Co nun on position of the Council Amendment

(Amendment 1)

ARTICLE 1(4)
Article 5d(l) (Directive 94/58/EC)

A4-0411/1

(A4-0411/97)

1. Member States shall establish standards

of medical fitness for seafarers, particularly
regarding eyesight and hearing

G:\AMEND\A4-97\A4-04 1 1 97\001 -003 en

#### **3**

1. Member States shall establish standards of

medical fitness for seafarers, particularly
regarding eyesight and hearing, appropriate to
the functions, responsibilities and duties to be
carried out under the highest safety standards.

PE 266 020/1

Or en

## EUROPEAN PARLIAMENT

22 January I99X A4-0411/2

AMENDMENT 2

tabled by the Committee on Transport and Tourism

RECOMMENDATION FOR SECOND READING

Rapporteur: Mr Parodi

MINIMUM LEVEL OF TRAINING FOR SEAFARERS

Common position of the Council
(C4-0563/97 - 96/0240(SYN))

Common position of the Council A mend men t

(Amendment 2)

ARTICLE 1(4)
Article 5h(4) (Directive 94/58/EC)

(A4-0411/97)

4. The requirements for rest periods laid
down in paragraphs 1 and 2 need not be
maintained in the event of an emergency or
drill or in other overriding operational
conditions.

G\AMENI)\A4-97\A4-04I 1.97X001-003 en

4. The requirements for rest periods laid
down in paragraphs 1 and 2 need not be
maintained in the event of an emergency or
drill or in other overriding operational
conditions which could not reasonably have
been anticipated at the commencement of the

voyage.

Pit 266 020/2

Or en

### **Y**

## **EUROPEAN PARLIAMENT**

_11_ Januaiy 1998 A4-0411/3

AMENDMENT 3

tabled by the Committee on Transport and Tourism

RECOMMENDATION FOR SECOND RI-ADING (A4-0411/97)
Rapporteur: Mr Parodi

MINIMUM LEVEL OF TRAINING FOR SEAFARERS

Common position of the Council
(C4-0563/97           - 96/0240(SYN))

Common position of the Council Amendment

(Amendment 3)

ARTICLE 1(4)
Article 5h (2a) (new) (Directive 94/58/EC)

The following new paragraph 2a is added:

"2a. Officers in charge of the navigational
watch who are required to leave the navigating
bridge in connection with other duties, or at
the completion of a watch, shall not do so until
relieved by another officer taking charge of the
n a v iga t ion a 1 watch and after a proper
hand over o f the wa t ch ha s JbecjiL completed _"_

G:\AMEND\A4-97\A4-04 I 1 97\001 -003 en PE 266.020/3

Or en

_**sT**_

**ISSN 0254-1475**

### COM(98) 195 final

# **DOCUMENTS**

##### EN 01 07 10 Catalogue number : CB-CO-98-205-EN-C ISBN 92-78-32632-1

Office for Official Publications of the European Communities

L-2985 Luxembourg

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