CELEX: 51994PC0124
Language: en
Date: 1994-04-21
Title: Amended proposal for a COUNCIL DIRECTIVE on the minimum level of training for maritime occupations

COMMISSION OF THE EUROPEAN COMMUNITIES
                                                 C0MC94) 124 final - SYN 517
                                                 Brussels» 21.04.1994'
                        Amended p r o p o s a l for a
                            COUNCIL DIRECTIVE
         on the minimum level of training for maritime occupations
     (presented by the Commission pursuant t o A r t i c l e 189 A ( 2 )
                           of the EC-Treaty)
 ---pagebreak---                                                                                       ^u
                                 Explanatory Memorandum
Based on the opinion adopted by the European Parliament in the first reading on
9 March 1994, the Commission submits to Council pursuant to article 189 (a) of the Treaty,
on the European Union, an amended proposal for a directive on the minimum level of
training for maritime occupations.
        The amended proposal takes into account the part of the opinion of the Parliament
which refers to two types of amendments :
              the first type of amendments concern improvements to the text related to the
              IMO Convention on Standards of Training, Certification and Watchkeeping
              for Seafarers (STCW) and IMO Resolution A 778 (18) on minimum training
              requirements for personnel nominated to assist passengers in emergency
              situations on passengers ships.
              the second type of amendments refer to third countries training and certificates
              and provide for common criteria to be applied in the E.U. for the recognition
              of these certificates. The amendments also improve the provisions on port
              state control on seafarers qualifications.
        Amendments voted by the Parliament concerning :
              The term engineer officer and the inclusion in the scope of the directive of
              catering crew (provision master, purser) and electrical engineer ; not accepted
              by the Commission since these questions are not dealt with in the STCW
              Convention on which the present action is based.
              The deletion of the requirement for crew members on board tankers to have
              adequate knowledge of languages ; it is not followed since it runs contrary to
              improving safety at sea.
 ---pagebreak---                                                                                         A^S
               The safe handling of dangerous or polluting goods ; it is not relevant in the
               context of the present proposal.
               An action programme to attract young people to the maritime profession : this
               item will be the subject of a Commission's study. At this stage no
               commitment can be taken under the terms of the proposal.
               The elimination of certain Regulations in the Annexes ; it is not acceptable
               since this would imply that the mandatory minimum requirements proposed
               in the draft directive would be less than those introduced at international level
               by the STCW Convention.
The present revised proposal brings closer the draft directive to the text on which the Council
of Minister of 29 November 1993 has reached an agreement therefore the Commission hopes
that the Council will accept the proposed amendments.
 ---pagebreak---                                                                                        -4-    ^
                                                                     AMENDED PROPOSAL
                                                            Pursuent to the European Parliament
                                                            opinion-
                                                            (The original text remains unchanged
                                                            unless there is an entry in this
                   ORIGINAL COMMISSION PROPOSAL             column)
    Proposal for a Council Directive on the minimum
    level of training for maritime occupations
THE COUNCIL OF THE EUROPEAN COMMUNITIES.
                                                         Having regard to the Treaty
Having regard to the Treaty establishing the
                                                         establishing the European
European Economic Community, and in particular          Community, and in particular
Article 84(2) thereof.                                  Article 84(2) thereof.
Having regard       to the proposal       from the
Commission.1
 Having regard to the opinion of the European
 Parliament.2
 Having regard to the opinion of the Economic and
 Social Committee.3
                                                     Whereas in its resolution of 8 June
                                                      1993 on a common policy on safe
                                                     seas     the Council set the objective
                                                     of removing substandard crews and
                                                     gave priority to Community action
                                                     aiming at enhancing training and
                                                     education    by    developing    common
                                                     standards for minimum training levels
                                                     of kev personnel:
                                                     Whereas in its conclusions of        21
                                                     January 1993 on maritime safety     and
                                                     pollution      prevention     in    the
                                                     Community, the Council noted        the
                                                     importance of the human element      in
                                                     the safe operation of ships:
 Whereas the standards for the award of vocational
  competency certificates to seafarers vary from one
  Member State to another; whereas such a diversity
  (1) O.J. n° C 212 5.8.1993
  (2)
  (3) O.J. n° C 34 2.2.1994
 ---pagebreak---                                                                                   2.
   of national laws in the area of training covered
   by this Directive does not ensure the consistent
   level of training required in the interests of
  shipping safety;
  Whereas Council Directives 89/48/EEC4 and
  92/51/EEC5 on the general systems for the
  recognition of professional education and training
  apply to maritime occupations covered by this
 Directive;     whereas they will help promote
 compliance with the obligations laid down in the
 Treaty abolishing obstacles to the free movement
 of persons and services between Member States ;
 Whereas the mutual recognition of diplomas and
                                                       Whereas the mutual recognition of
 certificates provided for under the general           diplomas and certificates provided
                                                       for under the above directives does
 systems does not. however, always ensure a           not always ensure a standardized
 standardized level of training for all seafarers      level of training for all seafarers
                                                      serving on board vessels flying the
serving on board vessels flying the flag of a         flag of a Member State including
Member State and/or Euros; whereas this is.           vessels registered in the Euros
                                                      register; whereas this is, however,
however, vital from the viewpoint of shipping         vital from the viewpoint of shipping
                                                      safety;
safety;
Whereas it is therefore essential to define a        Whereas it is therefore essential to
                                                     define a minimum level of training
minimum level of training for seafarers in the       for seafarers in the European Union:
                                                     whereas the relevant action shaultTbe
Community;                                           based on the levels of training
                                                     agreed    upon  in    the   1978  IMO
                                                     International Convention on Standards
                                                     of    Training,   Certification   and
                                                     Watchkeeping for Seafarers:
Whereas, in view of the particular nature of the
transport of hazardous or polluting cargoes or
passengers by sea and the hazards involved in such
operations, the conditions under which such
            4
               OJ No L 19. 24.1.1989.
            5
               OJ No L 209. 24.7.1992
 ---pagebreak--- operations are effected should be improved in
order to safeguard human life and protect the
marine environment; whereas persons serving on
board such ships should be required to have an
adequate knowledge of languages;
                                                   Whereas personnel on board pass^ngpr
                                                   ships nominated to assist passenger?
                                                   in emergency situations should fre
                                                   able   to    communicate    with   th*
                                                   passengers:
Whereas action at Community level is required to
attain this objective since individual measures
undertaken or planned by Member States do not
provide a satisfactory solution;
Whereas account should be taken of the existing
body of international law on maritime training and
qualifications, and in. particular the 1978
International Convention on Standards of Training.
Certification and Watchkeeping for Seafarers
(STCW);
Whereas measures should be taken to ensure that    Whereas measures should be taken to
                                                   ensure    that   seafarers who hold
seafarers from third countries have a level of     certificates from third countries
competence commensurate with that required by      have    a     level    of   competence
                                                   commensurate with that required by
 international conventions in this area.           international conventions in this
                                                   area, and in particular the 1978 IMP
                                                   International Convention on Standards
                                                   of   Training,     Certification   and
                                                   Watchkeeping for Seafarers (STCW).
 ---pagebreak--- Whereas, in order to/achiéve that
Objective, common /criteria fox
the recognition of certificates
issued bv third countries must be
J aid down bv the European Union:
whereas    the   Council,   on   a
proposal from the Commission,
must, in cooperation with—the.
European Parliament, decide upon
the common criteria and the
procedure for recognition of
those certificates before 31 July
 1995;
Whereas.      for    a    certain
transitional period following the
adoption of the common criteria,
seafarers h Q W n q certificates
not issued under this directive
should be allowed to serve on
board vessels of the ttemfrer
States of the Union, including
vessels registered j n the Euros
register;
Whereas Member States, as          port
authorities, are required to enhance
 safety and pollution prevention in
 the Community waters through priority
 inspection of vessels flying the flag
of a third country which has not
 ratified the STCW Convention or which
have crews holding certificates which
have not been recognized under the
 provisions of this Directive;
 ---pagebreak--- HAS ADOPTED THIS DIRECTIVE:
                     Article 1
For the purpose of this Directive:
(a)        'master' means the person in command of
          a ship;
(b)        'officer' means the member of a ship's
          complement other than the master
          appointed to this post in accordance
          with national laws or regulations or.
          where they do not exist, in accordance
          with collective agreement or practice;
(c)       "deck officer" means a qualified
          officer in the deck department;
(d)       "chief mate" means the deck officer
          next in rank to the master and upon
          whom the command of the ship will fall
          in the event of the incapacity of the
          master;
(e)       "engineer officer" means a qualified
          officer in the engine department;
(f)       "chief engineer officer" means a senior
          engineer officer, responsible for the
          mechanical propulsion of the ship;
 ---pagebreak--- (g) "second engineer officer"' means the
    engineer officer next in rank to the
    chief engineer officer upon whom the
    responsibility      for the mechanical
    propulsion of the ship will fall in the
    event of the incapacity of the chief
    engineer officer;
(h) "assistant engineer officer" means a
    person under training to become an
    engineer officer and designated as such
    by na t i ona1 1 aw or regu1 a t i ons.
    "radio officer" means a person holding       (|) 'radio opera toi".' mp.inr; £in officer
(i)                                                 holding a certificate rçl a t ingJt.Q
    a    first class or second             class    t ho._s.l oba l_jnaci tïmc._ diat r.e_s3_and.
    radiotelegraph operator's certificate           E&lsitx.       axsteji^       issued      ox
                                                    gflCi^nJLzcd__Jby         tjlg__çgjnpjg,tent
    or a radiocommunication operator's              au_thor-i.tx_QLJ_tte^^
    general certificate for the maritime            the .b^dy__d.cfiigna_t.ç!c! by          this
                                                   y&ombj^_£taJ^c_un^
    mobile service        issued under the          o£_the_RadI i.o_Re_qu la.t ions ;
    provisions of the Radio Regulations,
    who is employed in the radiotelegraph
    station of a ship which is required to
    have     such    a     station     by the
    International Convention for the Safety
    of I ife at Sea;
U>  "radiotelephone officer" means a person      (J)   Deleted
    holding an appropriate certificate
    issued under the provisions of the
    Radio Regulations:
 ---pagebreak---                                                                                7.
       "rating" and person designated to be
(k
       responsible   for a    survival   craft
       Clifeboatman') means any member of a
       ship's complement other than the master
       or officers;                              K(a) 'lifeboatman' means a member of
                                                 the ship's crew holding a certificate
                                                 in the proper operation^of liferafts
                                                 and lifeboats. either issued as a
                                                 separate document or incorporated in
                                                 hi3 certificate of competency:
                                                 K(b) 'near-coastal voyages' means
                                                 voyages in the vicinity of a Member
                                                 State as defined by. that Member
                                                 State;
                                                 Kfc) 'propulsion power' means the
                                                 power in kilowatts which appears on a
                                                  ship's Certificate of Registry or
                                                 other official document;              ',--•-
                                                  K(d)    'oil tanker' means a' ship
                                                  constructed and used for the carriage
                                                  of petroleum and • petroleum products
                                                  in bulk;
                                                .•ftîéVa'chémical tànkér' mèàns !a ship
                                                 éonstructed arid uSed for the, carriage
                                                 in bulk of>anv liquid chemièàL. listed
                                                 in ttifr-tttO 'COte fOf thé Construction
                                                 and Equipment of Ships* carrying
                                                 Dangerous Chemiéals in •• Sulk', as
                                                 applicable àt thë tifté irt question:
                                                 Kff)- 'liquified gas tanker* mèàns a
                                                 shlfr'constructed "$nd--tided tot thé
                                                 carriage in bulk 6f any.liquified gas •
                                                 listed    in thé    IMP  'Cîodè », for the
                                                 COrtstructlQft and Eguiplent of Shifts • .
                                                 carrVinq Liquified Caé^g in Sulk', as' ,
                                                 applicable àt thé time".in /question:
                                                 k(a)   'Radio Regulations JKniearis the ;
                                                 revised radio regulations», adopt éd. by •'
                                                •the y World      .Administrative I-..Radio :.
                                                 Conference for thé Mobile.Serviced           :'
                                                 going : ship, which- Cârfies.imore than
                                                 twelve'(12) paéséftçferg;. • * <• •
                                                %ir'rlsh:Lng vessel'"•'.mean's à vessel
                                                 used for càtchihcr fifthswhales> -seals
                                                 ôf; other living marine 'organismei '•
   (1)    "sea-going ship" means any ship other
         than ships which navigate exclusively
          in inland waters or in waters within,
         or closely adjacent to. areas where
         port regulations apply;
 ---pagebreak--- (m) "hazardous cargo" means the goods       (m) Delete
    defined in the International Maritime
    Dangerous Goods Code (IMDG). in Chapter
    19 of the IGS Code and Chapter 17 of
    the IBC Code;
(n) "polluting cargoes" means:              (n) Delete
    hydrocarbons as defined in Annex 1 to
    the MARPOL Convention;
    noxious liquid substances as defined in
    Annex II to the MARPOL Convention;
    harmful substances as defined in Annex
    III to the MARPOL Convention;
(o) "seafarers" means any persons serving   (o) Delete
    on board a sea-going ship.
 ---pagebreak---                                                                                        9.
                    Article 2
This Directive shall apply to seafarers serving on  The Directive      shall apply to the
                                                    seafarers     referred     to    in     this
board ships registered in a Member State of the     Directive who serve on board sea-
Community and/or the Community Euros register with  going ships registered in and flying
                                                    the   flag   of a Member         State    in
the exception of:                                   accordance w i t h the legislation        of
                                                    that Member State, including           ships
                                                    registered    in the                   Euros
          warships, naval auxiliaries or other      register.    Ships not covered by the
                                                    above definition shall be deemed to
          ships owned or operated by a Member       be vessels flving the flag of a n o n -
          State and engaged only on government      member country,
          non-commercial service;                   This     Directive      shall     not     be
                                                    applicable to seafarers serving:
          all fishing vessels;                           fiDL board        warships,       naval
                                                         auxiliaries or other ships owned
                                                         or operated by a Member State and
          pleasure yachts not engaged in trade.          engaged only on government non-
                                                         commercial service;
                                                         on board fishing     vessels;
                                                         on board pleasure         yachts    not
                                                         engaged in trade;
                                                         on   board     wooden    vessels     of
                                                         rudimentary     construction.
                      Article 3
 Member States shall take the measures necessary to
 ensure that masters, officers, ratings and persons
 designated to be responsible for survival craft
 (lifeboatmen) who intend to serve on a ship flying
 a Member State's flag and/or a EUROS flag hold a
 vocational competence certificate awarded or
 recognized by the authority or body designated for
 this purpose by each Member State showing that
 they have successfully completed training relevant
 to the occupation they wish to exercise on board
 the vessel.
 ---pagebreak---                                                                            10.
                     Article 4
Vocational competence certificate means any valid  Vocational   competence   certificate
                                                   means any valid document/ whatever
document, whatever its title, issued by or under   its title, issued by or under the
the authority of the competent authority of a      authority of the competent authority
                                                   of a Member State     authorizing the
Member State or recognized by the authority,       holder to serve as stated in this
authorizing the holder to serve as stated in this  document or as authorized by national
                                                   regulations, where this ' document
document or as authorized by national regulations, certifies a minimum level of training
where this document certifies a minimum level of   for each occupation pursuant to the
                                                   provisions of this Directive.
training for each occupation pursuant to the
provisions of this Directive.
                     Article 5
1. The training which the masters, officers,
   ratings and lifeboatmen referred to in Article
   3 require in order to obtain a vocational
   competence certificate shall be given in the
   form of one or more theoretical courses, and
   service at sea. accompanied by practical
   exercises, and approved by the competent
   authority or the body designated by each Member
   State.
   This training must cover the minimum
   requirements defined in the IMO 1978
   International Convention on Standards of
   Training. Certification and Watchkeeping of
   Seafarers (STCW) The minimum requirements are
   those described in the Annexes to this
   Directive, in particular :
 ---pagebreak---                                            11.
for masters and chief mates of ships of
200 gross register tons or more, the
requirements laid down in Annex I.
Regulations II/l 11/2. II/5. II/7 and
II/8;
for officers in charge of a navigational
watch and masters of ships of less than
200 gross register tons, the requirements
laid down in Annex I. Regulations II/l.
II/3. II/5. 11/7 and II/8;
for officers in charge of a navigational
watch on ships of 200 gross register tons
or more, the requirements laid down in
Annex I. Regulations II/l II/4. II/5. II/7
and II/8;
for chief engineer officers and second
engineer officers of ships powered by main
propulsion    machinery     of    3 000 kW
propulsion power or more, the requirements
laid down in Annex II. Regulations III/l.
III/2 and III/5 ;
for chief engineer officers and second
engineer officers of ships powered by main
propulsion machinery between 750 kW and
3 000 kW     propulsion     power.     the
requirements laid down in Annex II.
Regulations III/l. III/3 and III/5;
 ---pagebreak---                                             12.
 for engineer officers in charge of a watch
 in a conventionally manned engine room or
designated duty engineer officers in a
periodically unmanned engine room, the
 requirements laid down in Annex II.
Regulations III/l. III/4 and III/5:
for radio officers, the requirements laid
down in Annex III. Regulations IV/1 and
IV/2;
for     radiotelephone    operators.    the
requirements laid down in Annex         IV.
Regulation IV/3:
for masters, officers and ratings of oil
tankers, chemical tankers and liquified
gas tankers, the requirements laid down in
Annex V. Regulations V/l. V/2 and V/3:
for ratings forming part of a navigational
watch, the requirements laid down in Annex
II. Regulation 11/6;
for ratings forming part of an engine room
watch, the requirements laid down in Annex
III. Regulation III/6;
for persons designated to be responsible
for survival craft (lifeboatmen). the
requirements laid down in Annex VI.
Regulation VI/1.
 ---pagebreak---                                                                                   13.
 •'*• Member States shall ensure that the provisions
     of Council Directive 92/29/EEC of 31 March 1992
     on the minimum safety and health requirements
     for improved medical treatment on board
     vessels.1 and in particular Article 5 thereof,
     are applied as part of the training provided
     for in paragraph 1.
 4
  - Paragraph 1 shall apply without prejudice to
     more favourable Community provisions on safety
     and health at work, in particular Council
     Directive 89/391/EEC of 12 June 1989 and its
     implementing Directives.2
5. To obtain a vocational competence certificate,
     candidates must pass an examination approved by
     the competent authority of a Member State,
     which shall ensure that all examiners are
     independent.
                                                                     Article 5a
                                                       1 • In circumstances of exceptional
                                                      necessity, competent authorities, if
                                                      in their opinion this does not cause
                                                      danger to persons, property or the
                                                      environment, mav issue a dispensation
                                                      permitting a specified seafarer to
                                                      serye in. a specified"" ship for a
                                                      specified period not exceeding six
                                                      months in a capacity, other than that
                                                      QÎ the radio operator, except as
                                                      provided bv the relevant Radio
                                                     Regulations, for which he does not
                                                     hpld the appropriate certificate,
                                                     provided that the person to whom the
                                                     dispensation is issued shall be
                                                     adequately Qualified to fill the
                                                     vacant post in a safe manner, to the
                                                     satisfaction    of    the   competent
                                                     authorities.   However, dispensations
                                                     shall not be granted to a master or
                                                     chief engineer officer, except in
                                                     circumstances of force majeure and
                                                     then only for the shortest possible
                                                     period,
(1) O.J. n° L 113/9 30.A.1992
(2) O.J. n° L 183     29.6.1989
 ---pagebreak---                                        14
2. Any dispensation granted for a
post shall be granted only to a
person properly certificated to fill
the post immediately below.      Where
certification of the post below is
not required, a dispensation may be
issued    to     a    person     whose
qualification and experience are, in
the   opinion   of    the    competent
authorities, of a clear eguivalence
to the requirements for the post to
be filled, provided that, if such a
person    hold     no     appropriate
certificate, he/she shall be required
to pass a test accepted by the
competent       authorities         as
demonstrating      that     such     a
dispensation mav safely be issued.
In addition, competent authorities
shall ensure that the post in
question is filled by the holder of
an appropriate certificate as soon as
possible.
 ---pagebreak---                                                                               15.
                Article 6
Member States designate the authority or the
body which can give the training referred to
in Article 5.
Member States designate the authority or the
body which grant the certificates and attest
the success to the examination mentioned in
Article 5.
                                                                  Article 6a
                                               1. The Member States shall see to the
                                               organization of training and further
                                               training courses for seafarers on a
                                               permanent basis, on the basis of the
                                               needs at the time in question and the
                                               development of shipping.
                                               2. At training and further training
                                               centres of the Member States which
                                               offer the training provided for in
                                               Article 5. seafarers who are citizens
                                               of the European Union shall be
                                               admitted and trained on equal terms.
                 Article 7
                                                The Member States shall ensure that:
 Member States shall ensure that, on board
 passenger ships or ships operating scheduled    1. On board all ships flying the flag
                                                of a Member State and on board all
 passenger and vehicle services starting        passenger ships which start or finish
                                                a voyage in a Member State port, a
 and/or finishing a voyage in a Member State    permanent and effective line of
 port, the master, officers, ratings and        communication, which mav include a
                                                common language, operates between
 lifeboatmen are able to communicate with each  masters, officers and ratings. a3
other. All members of the crew nominated to     regards    the correct ' and prompt
                                                reception     and    comprehension    of
 assist passengers in emergency situation,      messages and orders. Moreover, there
 shall be able to communicate in the            must    be   a permanent means of
                                                communication between the ship and
 language(s) appropriate to the majority of     the coastal authorities, either in a
 passengers carried on a particular route       common language or in the language of
                                                those authorities.
                                                2^   JQD_ board     passenger     ships
                                                personnel nominated on muster lists
                                               JLP asaigj; J23JiS£ng£rJI in emergency
                                                situations are readily identifiable
                                                and have communication skills that
                                               are sufficient for that purpose,
                                                taking into aggount an appropri at e
                                               and adequate combination pf any of
                                               £he following criteria^
 ---pagebreak---                                                                                        16,
                                              (a)    the   language    or    languages
                                              appropriate      to    the     principal
                                              nationalities of passengers carried
                                              on a particular route.
                                              (b) the likelihood that an ability to
                                              use elementary English vocabulary for
                                              basic instructions can provide a
                                              means    of   communicating     with   a
                                              passenger in need of assistance
                                              whether or not the passenger and crew
                                              member share a common language.
                                              (c) the possibleneed to communicate
                                              during an emergency by some other
                                              means (e.g. bv demonstration, or
                                              hand-signals, or calling attention to
                                              the location of instructions, muster
                                              stations. life-saving devices or
                                              evacuation     routes)    when    verbal
                                              communication is impractical;
                                              (d) the extent to which complete
                                              safety     instructions     have    been
                                              provided to passengers in their
                                              native language or languages;
                                              and.
                                              (e) the languages in which emergency
                                              announcements may be broadcast during
                                              an emergency or drill ^to convey
                                              critical guidance to passengers and
                                              to    facilitate    crew    members   in
                                              assisting Passengers.
                                              3. When conducting a ship inspection
                                              in their capacity of State of the
                                              port. Member States shall check
                                              whether ships flving flags of non-
                                              Communitv States also comply with the
                                              provisions of thl3 Article.
Member States shall ensure that, on board oil
tankers, liquified gas tankers and chemical
tankers, the master, officers and ratings
receive appropriate training so that all
members of the ship's crew can communicate in
a common language.
 ---pagebreak---                                                                                           17
                      Article  8
 Member States may grant a vocational competence           D£l£££
 certificate to masters, officers, ratings and
 lifeboatmen who apply therefor for the first time
 within six months preceding the date on which this
 Directive is implemented, without having followed
 the course and havinq sat the examination provided
 Tor in Article 5. on condition that they provide
 proof that they have been serving on ships for at
 least twelve months during the five years
 preceding the date of entry into force of this
 Directive.
                                                                          Article 8a
                                                    The mutual recognition bv the Member
                                                    States of the certificates referred
                                                    to in Article 4 with which citizens
                                                    of the European Union are equipped,
                                                    shall be governed bv the provisions
                                                    of      Directives     89/48/EEC     and
                                                    92/51/EEC,
                     Article 9
1. Seafarers who are not nationals of a Member             1. Seafarers who are not citizens of
State and do not possess the vocational competence        the European Union and" do not hold
                                                          the certificate provided for bv
certificate provided for in Article 3 may be              Article 4 may be permitted to serve
                                                          on board ships registered in a Member
allowed to serve on ships flying a Member State's         State, including ships registered in
flag provided a mutually satisfactory agreement           the Euros register, provided that a
                                                          decision has been adopted by a Member
has been concluded between the Community and the          State recognizing the type of their
third counties of which the seafarers concerned           certificate. For that purpose, the
                                                         Council shall, acting on a proposal
are nationals. A mutually satisfactory agreement          from    the    Commission     and    in
means an agreement which guarantees the parties          cooperation      with    the    European
                                                         Parliament» adopt a declaJLoiL before
concerned observance and genuine and full                31 July 1333 Lading . down common
                                                         crltexia.__ln_   accordance with the
implementation of the provisions of the IMO's STCW
                                                                        of    the   IMO's    STCW
Convention incorporated in this Directive.               Convention to be taken into account
                                                         forv the recognition by the Member
                                                         States of the types of certificates
                                                         issued by training establishments or
                                                        the authorities of third countries as
                                                        well as the relevant ^procedure for
                                                        amending      such    a   decision     it
                                                                                  ;
                                                        ne££s_£3XY__
 ---pagebreak---                                                                                  18.
2. Member States shall take the measures         2.     Seafarers     not   holding    a
                                                 certificate provided for in Article 4,
   necessary to ensure that ships flying a third but   who ssn&      on bo_arjJ a    ship
   country flag with crews from one or more      registered in a Member State mav be
                                                 permitted to continue to serve on
   third countries which have ratified the       ships registered in that Member State
                                                 for 2 further years following the
   Convention and they have not concluded an
                                                 definition Of the common criteria
   agreement with the Community, are inspected,  provided for in paragraph 1. After
                                                 that date, seafarers must hold either
   as a matter of priority, by the competent     the type of certificate provided for
   authority of the port state to ensure that    bv Article 4 or a certificate
   the level of vocational training and          recognized in accordance with the
                                                 provisions of paragraph., 1 above..
   competence of their crews meets the standards
   laid down in the IMO's STCW Convention.
3. Member States shall take appropriate steps,   3. uslstte.
   including the detention of a ship, if the
   port authorities discover in the course of an
   inspection that crews are unable to provide
   proof of professional proficiency for the
   duties assigned to them on board the ship.
                                                                   Article 9a
                                                  The Member States shall take all
                                                   necessary measures to ensure that
                                                   ships flving the flags of third
                                                   countries which have not ratified the
                                                   1978 IMO International Convention on
                                                   Standards of Training, Certification
                                                   and Watchkeeping of Seafarers, or
                                                   ships flving the flags of third
                                                   countries which      have a master,
                                                  officers      and    ratings-' holding
                                                  certificates not recognized under the
                                                  provisions pf_ Article 9 are inspected
                                                   as a matter of priority T5y the" "port
                                                   authorities of the Member States
                                                   competent .'for checking whether 'the
                                                  ' level of vocational training and
                                                  competence of the above-mentioned
                                                   seafarers meet the requirements of
                                                   the above-mentioned      International
                                                  Convention and Article 7.
 ---pagebreak---                                                                                 19.
                                                                   Article 9b
                                                    The Member States shall take the
                                                    appropriate measures and shall impose
                                                    the appropriate penalties in the
                                                    event   that   the    competent   port
                                                    authorities of the Member States
                                                    establish during an inspection that
                                                    the masters, officers..and ratings are
                                                    unable to furnish proof of vocational
                                                    competence for the duties assigned to
                                                    them relating to the safety of the
                                                    ship and the prevention of pollution
                                                    of the environment.
                     Article 10
  1.  Member States shall bring into force the
      laws.    regulations    and    administrative
      provisions necessary to comply with this
      Directive no later than 1 January 1995.
 2.  When Member States adopt these provisions,
     they shall contain a reference to this
     Directive or shall be accompanied by such
      reference at the time of their official
     publication. The relevant procedure shall be
      adopted by Member States.
 3.  Member States communicate to the Commission
      the texts of the provisions they adopt in the
      field governed by this Directive.
                    Article 11
This Directive is addressed to the Member
States.
Done at Brussels.
For the Council
The President
 ---pagebreak---                                                                      ISSN 0254-1475
                                                              COM(94) 124 final
                                                      DOCUMENTS
EN                                                                         07 04
                                 Catalogue number : CB-CO-94-132-ÈN-C
                                                             ISBN 92-77-67333-8
Office for Official Publications of the European Communities
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