Article 1 Scope
This Directive shall apply to seafarers who are: (a) nationals of a Member State; (b) non-nationals who hold a certificate issued by a Member State.
Article 2 Definitions
For the purposes of this Directive the following definitions shall apply: (a) ‘seafarer’ means a person who is trained and who is certificated by a Member State at least in accordance with the requirements laid down in Annex I to Directive 2001/25/EC; (b) ‘certificate’ means a valid document within the meaning of Article 4 of Directive 2001/25/EC; (c) ‘appropriate certificate’ means a certificate as defined in Article 1(27) of Directive 2001/25/EC; (d) ‘endorsement’ means a valid document issued by the competent authority of a Member State in accordance with Article 5(2) and (6) of Directive 2001/25/EC; (e) ‘recognition’ means the acceptance by the competent authorities of a host Member State of a certificate or appropriate certificate issued by another Member State; (f) ‘host Member State’ means any Member State in which a seafarer seeks recognition of his/her appropriate certificate(s) or other certificate(s); (g) ‘STCW Convention’ means the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, in its up-to-date version; (h) ‘STCW Code’ means the Seafarers' Training, Certification and Watchkeeping Code, as adopted by Resolution 2 of the 1995 STCW Conference of Parties, in its up-to-date version; (i) ‘the Agency’ means the European Maritime Safety Agency, established by Regulation (EC) No 1406/2002.
Article 3 Recognition of certificates
1. Every Member State shall recognise appropriate certificates or other certificates issued by another Member State in accordance with the requirements laid down in Directive 2001/25/EC. 2. The recognition of appropriate certificates shall be limited to the capacities, functions and levels of competency prescribed therein and be accompanied by an endorsement attesting such recognition. 3. Member States shall ensure the right to appeal against any refusal to endorse a valid certificate, or the absence of any response, in accordance with national legislation and procedures. 4. Notwithstanding paragraph 2, the competent authorities of a host Member State may impose further limitations on capacities, functions and levels of competence relating to near-coastal voyages, as referred to in Article 7 of Directive 2001/25/EC, or alternative certificates issued under Regulation VII/1 of Annex I to Directive 2001/25/EC. 5. A host Member State shall ensure that seafarers who present for recognition certificates for functions at the management level have an appropriate knowledge of the maritime legislation of that Member State relevant to the functions they are permitted to perform.
Article 4 Amendments to Directive 2001/25/EC
Directive 2001/25/EC is hereby amended as follows:
Article 5 Transposition
1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 20 October 2007. They shall forthwith inform the Commission thereof. When Member States adopt these measures, they shall contain a reference to this Directive or be accompanied by such reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States. 2. Member States shall communicate to the Commission the text of the provisions of national law which they adopt in the field covered by this Directive.
Article 6 Entry into force
This Directive shall enter into force on the 20th day following that of its publication in the Official Journal of the European Union .
Article 7 Addressees
This Directive is addressed to the Member States.