CELEX: 51997PC0375
Language: en
Date: 1997-09-15
Title: Amended proposal for a Council Directive amending Directive 94/58/EC on the minimum level of training of seafarers

COMMISSION OF THE EUROPEAN COMMUNITIES
                                    Brussels, 15.09.1997
                                    COM(97) 375 final
                                    96/0240 (SYN)
                 Amended 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 a (2)
                    of the EC-Treaty)
 ---pagebreak---  ---pagebreak---                           EXPLANATORY MEMORANDUM
1. During its 28-29 May 1997 Plenary Session, the European Parliament approved,
    subject to a number of amendments, the Commission's proposal for a Council
    Directive amending Directive 94/58/EC on the minimum level of training of
    seafarers.
2. The Commission can accept without reservation the following amendments:
    - amendments 10, 14, 21 and 32 since they help to ensure that the STCW 95
    Convention is reflected in the Directive without ambiguity,
    - amendments 23, 24 and 25 in order to take into account the recent revision of
    IMO SOLAS Convention concerning the introduction of a common working
    language on board passenger ships,
    - amendments 3, 4, 8, 9, 12, 13, 17, 26, 27, 31, 34, 35 and the first part of
    amendment 7 which improve and strengthen certain specific provisions of the
     Directive.
3. The Commission can not accept the following amendments:
     - amendments 1 and 2 since it is not necessary to replace the existing Directive
     94/58 by a totally new Directive. The amending Directive can achieve the
     objective of having a consolidated text by proceeding to a codification after the
     adoption of the present draft Directive by the Council.
     - amendments 5 and 6 are not consistent with the purpose of the Directive which
     is the establishment of minimum training standards and not a harmonized system.
     - amendment 7, second part where the priority should be given to the
     improvement of the quality and performance of the existing national maritime
     institutes and in this context the creation of a symbolic EU school is not
     necessary or relevant to the major objective,
      - amendments 28 and 29 because they repeat provisions which are already
     contained in other articles of the proposed Directive,
      - amendments 15, 16, 19, 20 and 30 since they change the wording of STCW
     provisions or refer both to articles of the Directive and to the relevant STCW
     provisions which are transposed in the Directive. In some respects that would
      mean duplication and it would generate uncertainty,
     - amendment 11 since the wording proposed is not consistent with the relevant
     text of regulation 1/3 of the STCW on the same topic,
      - amendments 18, 22 and 33 because their content is outside the scope of the
      revised STCW on which the present proposal is based.
 4.        In compliance with Article 189 A, paragraph 2, of the Treaty, the
 Commission hereby modifies its proposal accordingly.
 ---pagebreak---                Amended Proposal for a
                COUNCIL DIRECTIVE
             amending Directive 94/58/EC
    on the minimum level of training of seafarers
Original text                               Amended text
                   (Amendment 3)
                   Recital 3a (new)
                                Whereas, in the interests of safety at
                                sea. Member States should recognize
                                qualifications proving the required
                                level of training only where these are
                                issued by or on behalf of Parties to
                                the STCW Convention which have
                                been identified        by   the   IMP
                                Committee on Maritime Safety at Sea
                                as having shown to have given, and
                                still to be giving, full effect to the
                                standards set out in that Convention;
                   (Amendement 4)
                   Recital 5b (new)
                                 Whereas Member States may, in
                                 compliance with Article 2 of this
                                 Directive, establish higher minimum
                                 standards than those imposed therein:
                    (Amendment 7)
                    Recital 5e (new)
                                 Whereas there should be, at EU level,
                                 a policy for attracting young people to
                                 the maritime profession:
 ---pagebreak---                                      (Amendment 8)
                                         Recital 6
Whereas in order to prepare the                 Deleted
proposal required under Article 9(3^
of Council Directive 94/58/EC. it was
appropriate to wait for the approval by
the IMP Conference of 26 June - 7
July 1995 of the revised STCW
Convention      WJÙCJL      inter    alia*
introduces provisions dealing with the
recognition      of    certificates     at
international level;
                                     (Amendment 9)
                                  ARTICLE 1(2) (new)
                          Article 4(m) (Directive 94/58/EC)
                                                (m) ships flying the flag of a Member
                                                     State" means a ship registered in
                                                     and flying the flag of a Member
                                                     State in accordance with its
                                                     legislation.        Ships         not
                                                     corresponding to this definition are
                                                     assimilated to ships flying the flag
                                                     of a third country;
                                    (Amendment 10)
                                  ARTICLE l(2a) (new)
                                    Article 4a (new)
                                                2a. New Article 4a
                                                4a STCW Code
                                                 1. The provisions of Part A of the
                                                 STCW Code, as in force at the time of
                                                 adoption of this Directive, shall, in
                                                 order to give effect to the provisions of
                                                 this Directive, enter into force for all
                                                 Member States on the same date and in
                                                 the same manner as this Directive.
 ---pagebreak---                                                2. The guidance contained in Part B of
                                               the STCW Code shall be taken into
                                               account by all Member States as of the
                                               date of entry into force of this
                                               Directive.
                                     (Amendment 12)
                                      ARTICLE 1(3)
                             Article 5a (new), paragraph 4
4. Member States before deciding on              4. Member States, upon deciding on
the definition of near-coastal voyages           the definition of near-coastal voyages
and the conditions of education and              and the conditions of education and
training required thereof in accordance          training      required    thereof     in
with the requirements of this Article            accordance with the requirements of
shall communicate to the Commission              this Article, shall communicate to the
the details of the provisions intended           Commission the details of the
to be adopted. Such conditions may               provisions to be adopted
only be adopted by Member States if
they are approved in accordance with
the procedure laid down in Article 13.
                                     (Amendment 13)
                                      ARTICLE 1(3)
                              Article 5b (new), paragraph 4
Penalties or disciplinary measures               Penalties or disciplinary measures
4.     Member States within whose                4.     Member States within whose
jurisdiction there is located any                jurisdiction there is located any
company which, or any person who, is             company which, or any person who,
believed on clear grounds to have been           is believed on clear grounds to have
 responsible for or to have knowledge            been responsible for or to have
 of, any apparent non- compliance with           knowledge of, any apparent non-
 the Directive specified in paragraph 3,         compliance with the            Directive
 shall extend cooperation to any                  specified in paragraph 3, shall extend
 Member State or,            subject    to       cooperation to any Member State or
 reciprocity, third country which                 third country which advises them of
 advises them of its intention to initiate        its intention to initiate proceedings
 proceedings under its jurisdiction.              under its jurisdiction.
 ---pagebreak---                                   (Amendment 14)
                                   ARTICLE 1(3)
                           Article 5c (new), paragraph 4
4. In applying the provisions of this        4. In applying the provisions of this
Article, Member States shall take into       Article, Member States shall take into
account the provisions of section B-I/8      account the recommendations provided
of the STCW Code.                            in section B-I/8 of the STCW Code.
                                   (Amendment 17)
                                     ARTICLE 1(3)
                           Article 5d (new), paragraph 4(2)
4. Member States undertake to:                4. Member States undertake to:
 2) make available information on the         2) make available information on the
 status      of    such     certificates,     status      of     such      certificates,
 endorsements and dispensations to            endorsements and dispensations to
 other Member States or. subject to           other Member States or third countries
 reciprocity. third countries and             and      companies     which      request
 companies which request verification         verification of the authenticity and
 of the authenticity and validity of          validity of certificates produced to
 certificates produced to them by             them by seafarers seeking recognition
 seafarers seeking recognition of their       of their certificates       under      the
 certificates under the provisions of         provisions of Article 9 or employment
 Article 9 or employment on board             on board ship.
 ship.
                                    (Amendment 21)
                                     ARTICLE 1(3)
                             Article 5i (new) paragraph 7
 7. In applying the provisions of this        7. In applying the provisions of this
 Article Member States shall take into        Article Member States shall take into
 account the provisions referred to in        account the recommendations referred
 section B-VIII/1 of the STCW Code.           to in section B-VIII/1 of the STCW
                                              Code.
 ---pagebreak---                                  (Amendment 23)
                              ARTICLE l(4a) (new)
                                      Article 8
 Article 8                                   Article 8
Member States shall ensure that:             Member States shall ensure that:
                                              "1. notwithstanding the provisions of
                                             paragraphs 2 and 4, on board all ships
                                             flying the flag of a Member State, there
                                             are means in place at all times for
                                             effective oral communication related to
                                             safety between all members of the
                                             ship" s company, particularly with
                                             regard to the correct and timely
                                             reception     and     understanding     of
                                             messages and instructions."
                                 (Amendment 24)
                              ARTICLE l(4b) (new)
                                Article 8(lb) (new)
                                             lb. Pn all passenger ships flying the
                                             flag of a Member State and on all
                                             passenger      ships    starting    and/or
                                             finishing a voyage in a Member State
                                             port, to ensure effective            crew
                                             performance in safety matters, a
                                             working language is established and
                                             recorded in the ship's log book. The
                                             company,       or    the     master,    as
                                             appropriate,     shall determine       the
                                             appropriate language. Each seafarer
                                             shall be required to understand and,
                                             where appropriate, give orders and
                                             instructions and report back in that
                                             language.
                                             If the working language is not an
                                             official language of the flag Member
                                             State, all plans and lists required to be
                                             displayed shall include translations into
                                             the working language.
 ---pagebreak---                                   (Amendment 25)
                               ARTICLE l(4c) (new)
                                 Article 8 (3) and (4)
                                              3. Pn board oil tankers, chemical
                                              tankers and liquefied gas tankers flying
                                              the flag of a Member State, the master,
                                              officers and ratings are able to
                                               communicate with each other in a
                                               common working language/languages.
                                             4. When carrying out Port State control
                                             under the provisions of Directive
                                             95/21/EC, ships flying the flag of a
                                             State other than a Member State also
                                             comply with this Article.
                                   (Amendment 26)
                              ARTICLE 1(5) (a) (1.5.3)
                                    Article 9 (3) (a)
 1.5.3.    completed     an    approved         1.5.3. for services which so require.
Automatic Radar Plotting Aid (ARPA)            completed an approved Automatic
simulator course, if the endorsement           Radar Plotting Aid (ARPA) simulator
attesting recognition is to be valid for       course, if the endorsement attesting
service on ARPA equipped ships,                 recognition is to be valid for service on
                                               ARPA equipped ships,
                                   (Amendment 27)
                             ARTICLE 1(5) (a) (2.1.1.)
2.1.1. accommodation and facilities            2.1.1.     facilities which establish a
which establish a teaching, study and          teaching,      study     and      learning
learning environment suited to the             environment suited to the conduct of
conduct     of    approved     maritime        approved maritime education and
education and training programmes              training programmes and courses,
and courses,
                                   (Amendment 31)
                                    ARTICLE 1(7)
                                       Article 12
Article 12                                        Article 12
 ---pagebreak--- 1. This Directive may be amended in            1. This Directive may be amended in
accordance with the procedure laid             accordance with the procedure laid
down in Article 13, in order to apply,         down in Article 13, in order to apply,
for the purposes of this Directive,            for the purposes of this Directive,
subsequent      amendments        to the       subsequent amendments to the
international codes referred to in             international conventions and codes
Article 4 (q), (r), and (s) which have         referred to in Article 4 (p.) (q), (r),
entered into force.                            (u)r (w). (x) and (y) which have
                                               entered into force.
                                               2. This Directive may also be
                                               amended in accordance with the
                                               procedure laid down in Article 189c
                                               of the Treaty, at 5-yearly intervals, in
                                               order to apply, for the purposes of
                                               this Directive. the. outcome and
                                               recommendations of an evaluation of
                                               procedures and criteria for the
                                               recognition of certificates of third
                                               countries referred to in the article.
    2. Following the adoption of new           X. Following the adoption of new
    instruments or protocols to the            instruments or protocols to the STCW
    STCW Convention referred to in             Convention referred to in Article 4
    Article 4 (xL the Council, acting en       (u)f the Council, acting in accordance
    a proposal from the Commission,            with Article 189c of the Treaty, shall
    shall decide, taking into account the      decide, taking into account the
    Member       States'    parliamentary      Member        States'     parliamentary
    procedures, as well as the relevant        procedures, as well as the relevant
    procedures within the IMP, on the          procedures within the IMP, on the
    detailed arrangements for ratifying        detailed arrangements for ratifying
    those new instruments or protocols,        those new instruments or protocols,
    while ensuring that they are applied       while ensuring that they are applied
    uniformly and simultaneously in the        uniformly and simultaneously in the
    Member States.                             Member States.
                                    (Amendment 32)
                                        ANNEX,
 ANNEX                                         ANNEX I
 1. The regulations referred to in this         1. The regulations referred to in this
 Annex      are supplemented by the            Annex are supplemented by the
 mandatory provisions contained in             mandatory provisions contained in
 part A of the STCW Code as adopted            part A of the STCW Code as adopted
 by the IMP Conference of 26 June - 7          by the IMP Conference of 26 June - 7
 July 1995 as in force at (1997).              July 1995 as in force at (1997).
 ---pagebreak--- 1. 1. any reference to a requirement in       Deleted
a regulation also constitutes a
reference to the corresponding section
of part A of the STCW Code:
1. 2. in applying the regulations, the        Deleted
related guidance an*! explanatory
material contained in part B of the
STCW Code shall be taken into
account to the greatest degree possible
in order to achieve a more uniform
implementation of the Directive
provisions,
                                  (Amendment 34)
                                Annex, Chapter VIII
                  Regulation VIII/1 (2) new subparagraph 4a (new)
                                              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 navigational watch and after a
                                              proper handover of watch has been
                                              completed.
                                  (Amendment 35)
                                   Annex II (new)
                                              PRPCEDURES AND CRITERIA
                                               FPR THE RECPGNITIPN PF
                                              CERTIFICATES              OF     THIRD
                                               COUNTRIES
                                               A Member State may only recognize
                                               and endorse appropriate seafarers"
                                               certificates, issued by third countries,
                                               for service on board ships flying its
                                               flag, if all of the following conditions
                                               are fulfilled;
 ---pagebreak---  1. Appropriate certificates presented
 for recognition must have been issued
bv a Party to the STCW Convention
 2. The third country that issues the
appropriate certificate must have been
 identified bv the Maritime Safety
Committee of the International
Maritime Organization as having
demonstrated that full and complete
effect is given to the provisions of the
STCWConvention.
3. 1 If the requirement of paragraph 2
has not been met, the third country
shall communicate to the Member
State and, if appropriate, to the IMPT
information concerning:
(a^ texts of laws, decrees, orders,
regulations and instruments relating to
the implementation of the STCW
Convention;
(b) full details of the content and
duration of study courses, including a
clear statement of the education,
training, examination, competency
assessment and certification policies
adopted;
(c) national examination and other
requirements for each type of
certificate issued in compliance with
the STCW Convention:
(d) full details of the content and
duration of refresher and updating
training, and its assessment:
(e) a sufficient number of specimen
certificates issued in compliance with
the STCW Convention:
 (f) information      on    governmental
 organization:
 (g) a concise explanation of the legal
 and administrative measures provided
 ---pagebreak---    and taken to ensure compliance
   particularly concerning training and
   assessment, and issue and registration
   of certificates;
   (h) a concise outline of the procedures
   followed to authorize, accredit or
   approve training and examinations,
   and competency assessments required
   by the STCW Convention. the
   conditions attached thereto, and a list
   of the authorizations . accreditation
   and approvals granted.
   3. 2 The Member State shall compare
   the facts reported in the information
   with all relevant requirements of the
   STCW Convention to ensure that full
   and complete effect is given to the
   provisions of the STCW Convention.
   4. 1 The Member State shall confirm.
   through all necessary measures.
   which may include inspection of
    facilities and procedures, that the
    requirements concerning the standard
    of competence, the issue and
    endorsement of certificates and
    record-keeping are fully complied
    with and a quality standards system
    has been established.
    4. 2 The Member State shall ensure
    that an undertaking is agreed with the
    third country concerned that prompt
     notification will be given of any
     significant change in the arrangements
     for training and certification provided
     in compliance with the STCW
     Convention.
     5. Member States, through the
     procedure laid down in Article 13.
     shall adopt and update a list
     containing the names of third
     countries where, in addition to the
     procedure referred to in paragraph
      3.2. the inspection of facilities and
12
 ---pagebreak---    procedures referred to in paragraph
   4,1 is mandatory,
   6. Member States, in accordance with
   the provisions of paragraph 5. which
   proceed to accredit or approve a
   maritime institute or training course,
   shall in doing so apply the criteria
   given,
   7.     Certificates    presented     for
   recognition       must     bear.     he
   accompanied by. or incorporate in
   their wording a valid endorsement
   attesting their issue by the above
   party,
   8. Member States shall establish
   measures to ensure that seafarers who
   present for recognition certificates for
   functions at management level have
   an appropriate knowledge of the
   maritime legislation of the Member
   States, relevant to the functions they
   are permitted to perform.
   9. Certificates ami endorsements
   issued by a Member State under the
   provisions     of this      Annex     in
   recognition Q£ 01 attesting the
   recognition of. a certificate issued by
   a third country, mav not be used as
   the basis for further recognition bv
   another Member State.
13
 ---pagebreak---  ---pagebreak---                                                                   ISSN 0254-1475
                                                           COM(97) 375 final
                                             DOCUMENTS
EN                                                               07 16 04
                                    Catalogue number : CB-CO-97-367-EN-C
                                                             ISBN 92-78-22785-4
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