Article 17 Responsibilities of Member States with regard to training and assessment
1. Member States shall designate the authorities or bodies which shall: (a) give the training referred to in Article 3; (b) organise and/or supervise the examinations where required; (c) issue the certificates of competence referred to in Article 11; (d) grant the dispensations provided for in Article 16. 2. Member States shall ensure that: (a) all training and assessment of seafarers is: (i) structured in accordance with the written programmes, including such methods and media of delivery, procedures and course material as are necessary to achieve the prescribed standard of competence; and (ii) conducted, monitored, evaluated and supported by persons qualified in accordance with points (d), (e) and (f); (b) persons conducting in-service training or assessment on board ship do so only when such training or assessment will not adversely affect the normal operation of the ship and they can dedicate their time and attention to training or assessment; (c) instructors, supervisors and assessors are appropriately qualified for the particular types and levels of training or assessment of competence of seafarers either on board or ashore; (d) any person conducting in-service training of a seafarer, either on board or ashore, which is intended to be used in qualifying for certification under this Directive: (i) has an appreciation of the training programme and an understanding of the specific training objectives for the particular type of training being conducted; (ii) is qualified in the task for which training is being conducted; and (iii) if conducting training using a simulator: — has received appropriate guidance in instructional techniques involving the use of simulators, and — has gained practical operational experience on the particular type of simulator being used; (e) any person responsible for the supervision of the in-service training of a seafarer intended to be used in qualifying for certification has a full understanding of the training programme and the specific objectives for each type of training being conducted; (f) any person conducting in-service assessment of the competence of a seafarer, either on board or ashore, which is intended to be used in qualifying for certification under this Directive: (i) has an appropriate level of knowledge and understanding of the competence to be assessed; (ii) is qualified in the task for which the assessment is being made; (iii) has received appropriate guidance in assessment methods and practice; (iv) has gained practical assessment experience; and (v) if conducting assessment involving the use of simulators, has gained practical assessment experience on the particular type of simulator under the supervision and to the satisfaction of an experienced assessor; (g) when a Member State recognises a course of training, a training institution, or a qualification granted by a training institution, as part of its requirements for the issue of a certificate, the qualifications and experience of instructors and assessors are covered in the application of the quality standard provisions of Article 10; such qualification, experience and application of quality standards shall incorporate appropriate training in instructional techniques and training and assessment methods and practice and comply with all applicable requirements of points (d), (e) and (f).
Amendment rationale: CONTEXT OF THE PROPOSAL 1.1. Summary The International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (the STCW Convention) was concluded in 1978 among the State Parties to the IMO (International Maritime Organization, the UN agency in charge of the international regulatory framework for shipping). The convention deals with the requirements for training of seafarers (mainly officers) and the relevant certification. The STCW Convention was significantly amended in 1995. The Convention was integrated into Community law by Directive 94/58 on minimum training for seafarers[1]. As a matter of fact, the EU rules on maritime safety are largely aligned with international rules. Directive 94/58 was amended several times and eventually replaced by Directive 2001/25, in turn replaced by Directive 2008/106, currently in force[2]. Over time EU rules were modified, mainly in order to transpose the amendments to the STCW Convention, but also to develop and streamline a system for the recognition of seafarers educated and trained outside the EU. Recognition of seafarers educated and trained outside the EU is in fact crucial in a business like shipping, globalized since forty years. Against this background, in 2007 the IMO launched a comprehensive review of the STCW Convention to which both the Commission and the Member States actively contributed and which was achieved with the adoption of a series of significant amendments, agreed upon by the State-parties at the Manila Conference on 25 June 2010. The Manila amendments to the Convention will enter into force on 1 January 2012. From that date onwards maritime training will have to meet the new requirements. Since the EU Member States are also parties to the Convention, and none of them opposed the Manila amendments, they will have to adapt their legislation to the new text of the Convention. Also EU law should align with international rules, as it has been done so far and in order to avoid any conflict between the international and the EU obligations of the Member States. Alignment with international rules is precisely the objective of the present proposal, which also includes a few features aiming to take the opportunity of this legislative initiative to slightly streamline the STCW Directive. These features regard the introduction of a requirement for the Member States to provide already existing information concerning the certificates to the Commission for statistical purposes and the extension of an impracticable deadline from the procedure of recognition of third countries’ STCW systems. 1.2. The STCW Convention The international character of shipping is well known. It also results in crews being trained in different countries and under different systems operating onboard the same ship. In this respect it is crucial that all such crew members have the capacities needed to perform their duties in a safe manner. Training, in fact, plays an important role in maritime safety. For this reason in 1978, the Parties to the International Maritime Organisation (IMO) aiming to "promote safety of life at sea and the protection of the marine environment by establishing in common agreement international standards of training, certification and watchkeeping for seafarers" adopted the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers ("STCW Convention"), which entered into force in 1984. This Convention prescribes minimum standards which the State Parties are obliged to meet or exceed. As mentioned, the STCW Convention was significantly revised in 1995 and in 2010. As for the structure and content of the Convention, while the introductory articles contain the general principles and the provisions on entry into force and amendment procedures, its Technical Annex – composed of "Regulations" - contain the training, qualification and certification requirements for the different positions on ships (such as "captain", "first mate", etc.). Another annex to the Convention – the "Code" – contains in its Part "A" detailed tables with a precise description of the material skills (e.g., positioning, ship-manoeuvring, cargo-handling) that have to be learned by the candidates for the different positions onboard and tested by the competent bodies. Finally, Part "B" of the Code contains guidance on the implementation of the whole of the STCW rules. Part "B" of the Code is the sole part of the Convention which is not legally binding for the State parties. In this context the 2010 revision of the Convention aimed, on the one hand, to improve its existing provisions (for example, by enhancing the rules on fraud prevention and medical fitness standards) and, on the other hand, to update it with the latest technological developments. The Manila Amendments have also introduced a number of new features, such as training requirements for "able seafarers" and "electro-technical officers", which were not included in the former version of the Convention. 1.3. The STCW Directives Since they were introduced, the EU rules on training and certification of seafarers have had a twofold objective: · setting minimum common standards for training of seafarers working on EU-flagged ships, based on international standards; · ensure that seafarers working on EU-flagged ships and holding certificates issued by non-EU countries are properly trained. These two aspects are intertwined in the various directives that have followed the 1994 directive on minimum training for seafarers, which integrated for the first time the STCW Convention into EU law, the EU rules being afterwards amended as the STCW Convention was. Thus, Directive 94/58 was amended by Directive 98/35/EC transposing the 1995 amendments to the Convention, and subsequently replaced by Directive 2001/25 introducing a procedure for the recognition of seafarers' certificates issued by third countries. Three further amendments followed, introduced by Directive 2002/84 (defining the comitology procedure for the recognition of third country certificates), by Directive 2003/103 (providing for a new procedure for the recognition of third countries), by Directive 2005/23 (introducing requirements for seafarers serving onboard passenger ships) and by Directive 2005/45 (concerning the mutual recognition of certificates issued by Member States). Finally, Directive 2008/106 replaced Directive 2001/25, while introducing new elements concerning the comitology procedure. The main lines of this evolving legislative framework can be summarised as follows, taking into account the three policy objectives as indicated above: · Common standards for training of seafarers working on EU-flagged ships, have been laid down reproducing those set out in the STCW Convention. Such standards, once integrated into EU law and therefore become part of it, are interpreted and implemented according to EU law principles and, if necessary, enforced like any other EU law provision. Under the directive currently in force, if minor changes to the STCW Convention occur, the directive itself may be updated through a comitology procedure; if significant changes are introduced at an international level, a new directive is necessary to update the one in force, like in the present case. · Recognition of third countries. After the creation of the European Maritime Safety Agency (EMSA), the Commission has acquired the support necessary to achieve an accurate knowledge of non-EU countries' systems of training and certification of seafarers. The Commission has therefore been entrusted with the assessment of such systems by Directive 2003/103. In particular, the Commission is in charge of assessing, with the support of EMSA whether third countries comply with the requirements of the STCW Convention. · The recognition of a third country, which has to be requested by a Member State, is carried out in the following way: at first, EMSA carries out an on the ground inspection of the maritime training and certification system and facilities in order to gather evidence regarding compliance with the standards of the STCW Convention; after that, on the basis of the findings of the inspection and the documents provided by the third country involved, the Commission Services gauge the STCW compliance of the system. The phase of assessment of compliance may entail a series of contacts with the involved third country, which may be willing to introduce adjustments to its legislation or practice to suit the Commission recommendations. The time needed for that depends on the nature and extent of those adjustments and the efforts made by the country in question. At the end of this process the Commission submits a draft decision (recognising the first country or withdrawing its recognition) to the Member States for their opinion, in the framework of a "comitology" procedure. The decision is finally adopted by the Commission and published in the Official Journal. The Commission recognition implies that Member States may recognise the certificates issued by the recognised country and that seafarers from that country will be entitled to work onboard the ships flying the flag of that Member State. Member States, however, are not obliged to recognise certificates from those countries, despite the recognition by the Commission. On the contrary, seafarers from non-recognised countries are not allowed to work on ships with an EU flag.
Revised version (Article 17 Responsibilities of Member States with regard to training and assessment):
1. Member States shall designate the authorities or bodies which shall: (a) give the training referred to in Article 3; (b) organise and/or supervise the examinations where required; (c) issue the certificates referred to in Article 5; (d) grant the dispensations provided for in Article 16. 2. Member States shall ensure that: (a) all training and assessment of seafarers is: (i) structured in accordance with the written programmes, including such methods and media of delivery, procedures and course material as are necessary to achieve the prescribed standard of competence; and (ii) conducted, monitored, evaluated and supported by persons qualified in accordance with points (d), (e) and (f); (a) all training and assessment of seafarers is: (i) structured in accordance with the written programmes, including such methods and media of delivery, procedures and course material as are necessary to achieve the prescribed standard of competence; and (ii) conducted, monitored, evaluated and supported by persons qualified in accordance with points (d), (e) and (f); (b) persons conducting in-service training or assessment on board ship do so only when such training or assessment will not adversely affect the normal operation of the ship and they can dedicate their time and attention to training or assessment; (c) instructors, supervisors and assessors are appropriately qualified for the particular types and levels of training or assessment of competence of seafarers either on board or ashore; (d) any person conducting in-service training of a seafarer, either on board or ashore, which is intended to be used in qualifying for certification under this Directive: (i) has an appreciation of the training programme and an understanding of the specific training objectives for the particular type of training being conducted; (ii) is qualified in the task for which training is being conducted; and (iii) if conducting training using a simulator: — has received appropriate guidance in instructional techniques involving the use of simulators, and — has gained practical operational experience on the particular type of simulator being used; (d) any person conducting in-service training of a seafarer, either on board or ashore, which is intended to be used in qualifying for certification under this Directive: (i) has an appreciation of the training programme and an understanding of the specific training objectives for the particular type of training being conducted; (ii) is qualified in the task for which training is being conducted; and (iii) if conducting training using a simulator: — has received appropriate guidance in instructional techniques involving the use of simulators, and — has gained practical operational experience on the particular type of simulator being used; (iii) if conducting training using a simulator: — has received appropriate guidance in instructional techniques involving the use of simulators, and — has gained practical operational experience on the particular type of simulator being used; (e) any person responsible for the supervision of the in-service training of a seafarer intended to be used in qualifying for certification has a full understanding of the training programme and the specific objectives for each type of training being conducted; (f) any person conducting in-service assessment of the competence of a seafarer, either on board or ashore, which is intended to be used in qualifying for certification under this Directive: (i) has an appropriate level of knowledge and understanding of the competence to be assessed; (ii) is qualified in the task for which the assessment is being made; (iii) has received appropriate guidance in assessment methods and practice; (iv) has gained practical assessment experience; and (v) if conducting assessment involving the use of simulators, has gained practical assessment experience on the particular type of simulator under the supervision and to the satisfaction of an experienced assessor; (f) any person conducting in-service assessment of the competence of a seafarer, either on board or ashore, which is intended to be used in qualifying for certification under this Directive: (i) has an appropriate level of knowledge and understanding of the competence to be assessed; (ii) is qualified in the task for which the assessment is being made; (iii) has received appropriate guidance in assessment methods and practice; (iv) has gained practical assessment experience; and (v) if conducting assessment involving the use of simulators, has gained practical assessment experience on the particular type of simulator under the supervision and to the satisfaction of an experienced assessor; (g) when a Member State recognises a course of training, a training institution, or a qualification granted by a training institution, as part of its requirements for the issue of a certificate, the qualifications and experience of instructors and assessors are covered in the application of the quality standard provisions of Article 10; such qualification, experience and application of quality standards shall incorporate appropriate training in instructional techniques and training and assessment methods and practice and comply with all applicable requirements of points (d), (e) and (f).
Article 18 On-board communication
Member States shall ensure that: (a) without prejudice to points (b) and (d), there are at all times, on board all ships flying the flag of a Member State, means in place for effective oral communication relating to safety between all members of the ship’s crew, particularly with regard to the correct and timely reception and understanding of messages and instructions; (b) on board all passenger ships flying the flag of a Member State and on board all passenger ships starting and/or finishing a voyage in a Member State port, in order 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 working 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 Member State, all plans and lists that must be posted shall include translations into the working language; (c) on board passenger ships, personnel nominated on muster lists to assist passengers in emergency situations are readily identifiable and have communication skills that are sufficient for that purpose, taking into account an appropriate and adequate combination of any of the following factors: (i) the language or languages appropriate to the principal nationalities of passengers carried on a particular route; (ii) 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; (iii) the possible need to communicate during an emergency by some other means (e.g. by demonstration, hand signals, or calling attention to the location of instructions, muster stations, life-saving devices or evacuation routes) when verbal communication is impractical; (iv) the extent to which complete safety instructions have been provided to passengers in their native language or languages; (v) 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; (d) on board oil tankers, chemical tankers and liquefied gas tankers flying the flag of a Member State, the master, officers and rating are able to communicate with each other in (a) common working language(s); (e) there are adequate means for communication between the ship and the shore-based authorities; these communications shall be conducted in accordance with Chapter V, Regulation 14, paragraph 4, of the SOLAS 74; (f) when carrying out port State control under Directive 95/21/EC, Member States also check that ships flying the flag of a State other than a Member State comply with this Article.
Amendment rationale: CONTEXT OF THE PROPOSAL 1.1. Summary The International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (the STCW Convention) was concluded in 1978 among the State Parties to the IMO (International Maritime Organization, the UN agency in charge of the international regulatory framework for shipping). The convention deals with the requirements for training of seafarers (mainly officers) and the relevant certification. The STCW Convention was significantly amended in 1995. The Convention was integrated into Community law by Directive 94/58 on minimum training for seafarers[1]. As a matter of fact, the EU rules on maritime safety are largely aligned with international rules. Directive 94/58 was amended several times and eventually replaced by Directive 2001/25, in turn replaced by Directive 2008/106, currently in force[2]. Over time EU rules were modified, mainly in order to transpose the amendments to the STCW Convention, but also to develop and streamline a system for the recognition of seafarers educated and trained outside the EU. Recognition of seafarers educated and trained outside the EU is in fact crucial in a business like shipping, globalized since forty years. Against this background, in 2007 the IMO launched a comprehensive review of the STCW Convention to which both the Commission and the Member States actively contributed and which was achieved with the adoption of a series of significant amendments, agreed upon by the State-parties at the Manila Conference on 25 June 2010. The Manila amendments to the Convention will enter into force on 1 January 2012. From that date onwards maritime training will have to meet the new requirements. Since the EU Member States are also parties to the Convention, and none of them opposed the Manila amendments, they will have to adapt their legislation to the new text of the Convention. Also EU law should align with international rules, as it has been done so far and in order to avoid any conflict between the international and the EU obligations of the Member States. Alignment with international rules is precisely the objective of the present proposal, which also includes a few features aiming to take the opportunity of this legislative initiative to slightly streamline the STCW Directive. These features regard the introduction of a requirement for the Member States to provide already existing information concerning the certificates to the Commission for statistical purposes and the extension of an impracticable deadline from the procedure of recognition of third countries’ STCW systems. 1.2. The STCW Convention The international character of shipping is well known. It also results in crews being trained in different countries and under different systems operating onboard the same ship. In this respect it is crucial that all such crew members have the capacities needed to perform their duties in a safe manner. Training, in fact, plays an important role in maritime safety. For this reason in 1978, the Parties to the International Maritime Organisation (IMO) aiming to "promote safety of life at sea and the protection of the marine environment by establishing in common agreement international standards of training, certification and watchkeeping for seafarers" adopted the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers ("STCW Convention"), which entered into force in 1984. This Convention prescribes minimum standards which the State Parties are obliged to meet or exceed. As mentioned, the STCW Convention was significantly revised in 1995 and in 2010. As for the structure and content of the Convention, while the introductory articles contain the general principles and the provisions on entry into force and amendment procedures, its Technical Annex – composed of "Regulations" - contain the training, qualification and certification requirements for the different positions on ships (such as "captain", "first mate", etc.). Another annex to the Convention – the "Code" – contains in its Part "A" detailed tables with a precise description of the material skills (e.g., positioning, ship-manoeuvring, cargo-handling) that have to be learned by the candidates for the different positions onboard and tested by the competent bodies. Finally, Part "B" of the Code contains guidance on the implementation of the whole of the STCW rules. Part "B" of the Code is the sole part of the Convention which is not legally binding for the State parties. In this context the 2010 revision of the Convention aimed, on the one hand, to improve its existing provisions (for example, by enhancing the rules on fraud prevention and medical fitness standards) and, on the other hand, to update it with the latest technological developments. The Manila Amendments have also introduced a number of new features, such as training requirements for "able seafarers" and "electro-technical officers", which were not included in the former version of the Convention. 1.3. The STCW Directives Since they were introduced, the EU rules on training and certification of seafarers have had a twofold objective: · setting minimum common standards for training of seafarers working on EU-flagged ships, based on international standards; · ensure that seafarers working on EU-flagged ships and holding certificates issued by non-EU countries are properly trained. These two aspects are intertwined in the various directives that have followed the 1994 directive on minimum training for seafarers, which integrated for the first time the STCW Convention into EU law, the EU rules being afterwards amended as the STCW Convention was. Thus, Directive 94/58 was amended by Directive 98/35/EC transposing the 1995 amendments to the Convention, and subsequently replaced by Directive 2001/25 introducing a procedure for the recognition of seafarers' certificates issued by third countries. Three further amendments followed, introduced by Directive 2002/84 (defining the comitology procedure for the recognition of third country certificates), by Directive 2003/103 (providing for a new procedure for the recognition of third countries), by Directive 2005/23 (introducing requirements for seafarers serving onboard passenger ships) and by Directive 2005/45 (concerning the mutual recognition of certificates issued by Member States). Finally, Directive 2008/106 replaced Directive 2001/25, while introducing new elements concerning the comitology procedure. The main lines of this evolving legislative framework can be summarised as follows, taking into account the three policy objectives as indicated above: · Common standards for training of seafarers working on EU-flagged ships, have been laid down reproducing those set out in the STCW Convention. Such standards, once integrated into EU law and therefore become part of it, are interpreted and implemented according to EU law principles and, if necessary, enforced like any other EU law provision. Under the directive currently in force, if minor changes to the STCW Convention occur, the directive itself may be updated through a comitology procedure; if significant changes are introduced at an international level, a new directive is necessary to update the one in force, like in the present case. · Recognition of third countries. After the creation of the European Maritime Safety Agency (EMSA), the Commission has acquired the support necessary to achieve an accurate knowledge of non-EU countries' systems of training and certification of seafarers. The Commission has therefore been entrusted with the assessment of such systems by Directive 2003/103. In particular, the Commission is in charge of assessing, with the support of EMSA whether third countries comply with the requirements of the STCW Convention. · The recognition of a third country, which has to be requested by a Member State, is carried out in the following way: at first, EMSA carries out an on the ground inspection of the maritime training and certification system and facilities in order to gather evidence regarding compliance with the standards of the STCW Convention; after that, on the basis of the findings of the inspection and the documents provided by the third country involved, the Commission Services gauge the STCW compliance of the system. The phase of assessment of compliance may entail a series of contacts with the involved third country, which may be willing to introduce adjustments to its legislation or practice to suit the Commission recommendations. The time needed for that depends on the nature and extent of those adjustments and the efforts made by the country in question. At the end of this process the Commission submits a draft decision (recognising the first country or withdrawing its recognition) to the Member States for their opinion, in the framework of a "comitology" procedure. The decision is finally adopted by the Commission and published in the Official Journal. The Commission recognition implies that Member States may recognise the certificates issued by the recognised country and that seafarers from that country will be entitled to work onboard the ships flying the flag of that Member State. Member States, however, are not obliged to recognise certificates from those countries, despite the recognition by the Commission. On the contrary, seafarers from non-recognised countries are not allowed to work on ships with an EU flag.
Revised version (Article 18 On-board communication):
Member States shall ensure that: (a) without prejudice to points (b) and (d), there are at all times, on board all ships flying the flag of a Member State, means in place for effective oral communication relating to safety between all members of the ship’s crew, particularly with regard to the correct and timely reception and understanding of messages and instructions; (b) on board all passenger ships flying the flag of a Member State and on board all passenger ships starting and/or finishing a voyage in a Member State port, in order 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 working 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 Member State, all plans and lists that must be posted shall include translations into the working language; (b) on board all passenger ships flying the flag of a Member State and on board all passenger ships starting and/or finishing a voyage in a Member State port, in order 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 working 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 Member State, all plans and lists that must be posted shall include translations into the working language; (c) on board passenger ships, personnel nominated on muster lists to assist passengers in emergency situations are readily identifiable and have communication skills that are sufficient for that purpose, taking into account an appropriate and adequate combination of any of the following factors: (i) the language or languages appropriate to the principal nationalities of passengers carried on a particular route; (ii) 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; (iii) the possible need to communicate during an emergency by some other means (e.g. by demonstration, hand signals, or calling attention to the location of instructions, muster stations, life-saving devices or evacuation routes) when verbal communication is impractical; (iv) the extent to which complete safety instructions have been provided to passengers in their native language or languages; (v) 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; (c) on board passenger ships, personnel nominated on muster lists to assist passengers in emergency situations are readily identifiable and have communication skills that are sufficient for that purpose, taking into account an appropriate and adequate combination of any of the following factors: (i) the language or languages appropriate to the principal nationalities of passengers carried on a particular route; (ii) 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; (iii) the possible need to communicate during an emergency by some other means (e.g. by demonstration, hand signals, or calling attention to the location of instructions, muster stations, life-saving devices or evacuation routes) when verbal communication is impractical; (iv) the extent to which complete safety instructions have been provided to passengers in their native language or languages; (v) 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; (d) on board oil tankers, chemical tankers and liquefied gas tankers flying the flag of a Member State, the master, officers and rating are able to communicate with each other in (a) common working language(s); (e) there are adequate means for communication between the ship and the shore-based authorities; these communications shall be conducted in accordance with Chapter V, Regulation 14, paragraph 4, of the SOLAS 74; (f) when carrying out port State control under Directive 95/21/EC, Member States also check that ships flying the flag of a State other than a Member State comply with this Article.
Article 19 Recognition of certificates
1. Seafarers who do not possess the certificates referred to in Article 4 may be allowed to serve on ships flying the flag of a Member State, provided that a decision on the recognition of their appropriate certificates has been adopted through the procedure set out in paragraphs 2 to 6 of this Article. 2. A Member State which intends to recognise, by endorsement, appropriate certificates issued by a third country to a master, officer or radio operator, for service on ships flying its flag, shall submit a request for recognition of that third country to the Commission, stating its reasons. The Commission, assisted by the European Maritime Safety Agency and with the possible involvement of any Member State concerned, shall collect the information referred to in Annex II and shall carry out an assessment of the training and certification systems in the third country for which the request for recognition was submitted, in order to verify whether the country concerned meets all the requirements of the STCW Convention and whether the appropriate measures have been taken to prevent fraud involving certificates. 3. The decision on the recognition of a third country shall be taken by the Commission in accordance with the regulatory procedure referred to in Article 28(2), within three months from the date of the request for recognition. If granted, the recognition shall be valid subject to the provisions of Article 20. If no decision is taken on recognition of the third country concerned within the period laid down in the first subparagraph, the Member State submitting the request may decide to recognise the third country unilaterally until a decision is taken in accordance with the regulatory procedure referred to in Article 28(2). 4. A Member State may decide, with respect to ships flying its flag, to endorse certificates issued by the third countries recognised by the Commission, account being taken of the provisions contained in Annex II, points (4) and (5). 5. Recognitions of certificates issued by recognised third countries and published in the Official Journal of the European Union , C series, before 14 June 2005 shall remain valid. These recognitions may be used by all Member States unless the Commission has subsequently withdrawn them pursuant to Article 20. 6. The Commission shall draw up and update a list of the third countries that have been recognised. The list shall be published in the Official Journal of the European Union , C series. 7. Notwithstanding Article 5(6), a Member State may, if circumstances require, allow a seafarer to serve in a capacity other than radio officer or radio operator, except as provided by the Radio Regulations, for a period not exceeding three months on board a ship flying its flag, while holding an appropriate and valid certificate issued and endorsed as required by a third country, but not yet endorsed for recognition by the Member State concerned so as to render it appropriate for service on board a ship flying its flag. Documentary proof shall be kept readily available that application for an endorsement has been submitted to the competent authorities.
Amendment rationale: CONTEXT OF THE PROPOSAL 1.1. Summary The International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (the STCW Convention) was concluded in 1978 among the State Parties to the IMO (International Maritime Organization, the UN agency in charge of the international regulatory framework for shipping). The convention deals with the requirements for training of seafarers (mainly officers) and the relevant certification. The STCW Convention was significantly amended in 1995. The Convention was integrated into Community law by Directive 94/58 on minimum training for seafarers[1]. As a matter of fact, the EU rules on maritime safety are largely aligned with international rules. Directive 94/58 was amended several times and eventually replaced by Directive 2001/25, in turn replaced by Directive 2008/106, currently in force[2]. Over time EU rules were modified, mainly in order to transpose the amendments to the STCW Convention, but also to develop and streamline a system for the recognition of seafarers educated and trained outside the EU. Recognition of seafarers educated and trained outside the EU is in fact crucial in a business like shipping, globalized since forty years. Against this background, in 2007 the IMO launched a comprehensive review of the STCW Convention to which both the Commission and the Member States actively contributed and which was achieved with the adoption of a series of significant amendments, agreed upon by the State-parties at the Manila Conference on 25 June 2010. The Manila amendments to the Convention will enter into force on 1 January 2012. From that date onwards maritime training will have to meet the new requirements. Since the EU Member States are also parties to the Convention, and none of them opposed the Manila amendments, they will have to adapt their legislation to the new text of the Convention. Also EU law should align with international rules, as it has been done so far and in order to avoid any conflict between the international and the EU obligations of the Member States. Alignment with international rules is precisely the objective of the present proposal, which also includes a few features aiming to take the opportunity of this legislative initiative to slightly streamline the STCW Directive. These features regard the introduction of a requirement for the Member States to provide already existing information concerning the certificates to the Commission for statistical purposes and the extension of an impracticable deadline from the procedure of recognition of third countries’ STCW systems. 1.2. The STCW Convention The international character of shipping is well known. It also results in crews being trained in different countries and under different systems operating onboard the same ship. In this respect it is crucial that all such crew members have the capacities needed to perform their duties in a safe manner. Training, in fact, plays an important role in maritime safety. For this reason in 1978, the Parties to the International Maritime Organisation (IMO) aiming to "promote safety of life at sea and the protection of the marine environment by establishing in common agreement international standards of training, certification and watchkeeping for seafarers" adopted the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers ("STCW Convention"), which entered into force in 1984. This Convention prescribes minimum standards which the State Parties are obliged to meet or exceed. As mentioned, the STCW Convention was significantly revised in 1995 and in 2010. As for the structure and content of the Convention, while the introductory articles contain the general principles and the provisions on entry into force and amendment procedures, its Technical Annex – composed of "Regulations" - contain the training, qualification and certification requirements for the different positions on ships (such as "captain", "first mate", etc.). Another annex to the Convention – the "Code" – contains in its Part "A" detailed tables with a precise description of the material skills (e.g., positioning, ship-manoeuvring, cargo-handling) that have to be learned by the candidates for the different positions onboard and tested by the competent bodies. Finally, Part "B" of the Code contains guidance on the implementation of the whole of the STCW rules. Part "B" of the Code is the sole part of the Convention which is not legally binding for the State parties. In this context the 2010 revision of the Convention aimed, on the one hand, to improve its existing provisions (for example, by enhancing the rules on fraud prevention and medical fitness standards) and, on the other hand, to update it with the latest technological developments. The Manila Amendments have also introduced a number of new features, such as training requirements for "able seafarers" and "electro-technical officers", which were not included in the former version of the Convention. 1.3. The STCW Directives Since they were introduced, the EU rules on training and certification of seafarers have had a twofold objective: · setting minimum common standards for training of seafarers working on EU-flagged ships, based on international standards; · ensure that seafarers working on EU-flagged ships and holding certificates issued by non-EU countries are properly trained. These two aspects are intertwined in the various directives that have followed the 1994 directive on minimum training for seafarers, which integrated for the first time the STCW Convention into EU law, the EU rules being afterwards amended as the STCW Convention was. Thus, Directive 94/58 was amended by Directive 98/35/EC transposing the 1995 amendments to the Convention, and subsequently replaced by Directive 2001/25 introducing a procedure for the recognition of seafarers' certificates issued by third countries. Three further amendments followed, introduced by Directive 2002/84 (defining the comitology procedure for the recognition of third country certificates), by Directive 2003/103 (providing for a new procedure for the recognition of third countries), by Directive 2005/23 (introducing requirements for seafarers serving onboard passenger ships) and by Directive 2005/45 (concerning the mutual recognition of certificates issued by Member States). Finally, Directive 2008/106 replaced Directive 2001/25, while introducing new elements concerning the comitology procedure. The main lines of this evolving legislative framework can be summarised as follows, taking into account the three policy objectives as indicated above: · Common standards for training of seafarers working on EU-flagged ships, have been laid down reproducing those set out in the STCW Convention. Such standards, once integrated into EU law and therefore become part of it, are interpreted and implemented according to EU law principles and, if necessary, enforced like any other EU law provision. Under the directive currently in force, if minor changes to the STCW Convention occur, the directive itself may be updated through a comitology procedure; if significant changes are introduced at an international level, a new directive is necessary to update the one in force, like in the present case. · Recognition of third countries. After the creation of the European Maritime Safety Agency (EMSA), the Commission has acquired the support necessary to achieve an accurate knowledge of non-EU countries' systems of training and certification of seafarers. The Commission has therefore been entrusted with the assessment of such systems by Directive 2003/103. In particular, the Commission is in charge of assessing, with the support of EMSA whether third countries comply with the requirements of the STCW Convention. · The recognition of a third country, which has to be requested by a Member State, is carried out in the following way: at first, EMSA carries out an on the ground inspection of the maritime training and certification system and facilities in order to gather evidence regarding compliance with the standards of the STCW Convention; after that, on the basis of the findings of the inspection and the documents provided by the third country involved, the Commission Services gauge the STCW compliance of the system. The phase of assessment of compliance may entail a series of contacts with the involved third country, which may be willing to introduce adjustments to its legislation or practice to suit the Commission recommendations. The time needed for that depends on the nature and extent of those adjustments and the efforts made by the country in question. At the end of this process the Commission submits a draft decision (recognising the first country or withdrawing its recognition) to the Member States for their opinion, in the framework of a "comitology" procedure. The decision is finally adopted by the Commission and published in the Official Journal. The Commission recognition implies that Member States may recognise the certificates issued by the recognised country and that seafarers from that country will be entitled to work onboard the ships flying the flag of that Member State. Member States, however, are not obliged to recognise certificates from those countries, despite the recognition by the Commission. On the contrary, seafarers from non-recognised countries are not allowed to work on ships with an EU flag.
Revised version (Article 19 Recognition of certificates of competency and certificates of proficiency):
1. Seafarers who do not possess the certificates of competency issued by Member States and/or the certificates of proficiency issued by Member States to masters and officers in accordance with Regulations V/1-1 and V/1-2 of the STCW Convention, may be allowed to serve on ships flying the flag of a Member State provided that a decision on the recognition of their certificates of competency and certificates of proficiency has been adopted through the procedures set out in paragraphs 2 to 6 of this Article. 2. A Member State which intends to recognise, by endorsement, the certificates of competency and/or the certificates of proficiency referred to in paragraph 1 issued by a third country to a master, officer or radio operator, for service on ships flying its flag, shall submit a request for recognition of that third country to the Commission, stating its reasons. The Commission, assisted by the European Maritime Safety Agency and with the possible involvement of any Member State concerned, shall collect the information referred to in Annex II and shall carry out an assessment of the training and certification systems in the third country for which the request for recognition was submitted, in order to verify whether the country concerned meets all the requirements of the STCW Convention and whether the appropriate measures have been taken to prevent fraud involving certificates. 3. The decision on the recognition of a third country shall be taken by the Commission. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 28(2), within 18 months of the date of the request for the recognition. The Member State submitting the request may decide to recognise the third country unilaterally until a decision is taken under this paragraph. 4. A Member State may decide, with respect to ships flying its flag, to endorse certificates issued by the third countries recognised by the Commission, account being taken of the provisions contained in Annex II, points (4) and (5). 5. Recognitions of certificates issued by recognised third countries and published in the Official Journal of the European Union , C series, before 14 June 2005 shall remain valid. These recognitions may be used by all Member States unless the Commission has subsequently withdrawn them pursuant to Article 20. 6. The Commission shall draw up and update a list of the third countries that have been recognised. The list shall be published in the Official Journal of the European Union , C series. 7. Notwithstanding Article 5(6), a Member State may, if circumstances require, allow a seafarer to serve in a capacity other than radio officer or radio operator, except as provided by the Radio Regulations, for a period not exceeding three months on board a ship flying its flag, while holding an appropriate and valid certificate issued and endorsed as required by a third country, but not yet endorsed for recognition by the Member State concerned so as to render it appropriate for service on board a ship flying its flag. Documentary proof shall be kept readily available that application for an endorsement has been submitted to the competent authorities.
Article 20 Non-compliance with the requirements of the STCW Convention
1. Notwithstanding the criteria specified in Annex II, when a Member State considers that a recognised third country no longer complies with the requirements of the STCW Convention, it shall notify the Commission immediately, giving substantiated reasons therefor. The Commission shall without delay refer the matter to the Committee referred to in Article 28(1). 2. Notwithstanding the criteria set out in Annex II, when the Commission considers that a recognised third country no longer complies with the requirements of the STCW Convention, it shall notify the Member States immediately, giving substantiated reasons therefor. The Commission shall without delay refer the matter to the Committee referred to in Article 28(1). 3. When a Member State intends to withdraw the endorsements of all certificates issued by a third country it shall without delay inform the Commission and the other Member States of its intention, giving substantiated reasons therefor. 4. The Commission, assisted by the European Maritime Safety Agency, shall reassess the recognition of the third country concerned in order to verify whether that country failed to comply with the requirements of the STCW Convention. 5. Where there are indications that a particular maritime training establishment no longer complies with the requirements of the STCW Convention, the Commission shall notify the country concerned that recognition of that country’s certificates will be withdrawn in two months’ time unless measures are taken to ensure compliance with all the requirements of the STCW Convention. 6. The decision on the withdrawal of the recognition shall be taken in accordance with the regulatory procedure referred to in Article 28(2), within two months from the date of the communication made by the Member State. The Member States concerned shall take appropriate measures to implement the decision. 7. Endorsements attesting recognition of certificates, issued in accordance with Article 5(6) before the date on which the decision to withdraw recognition of the third country is taken, shall remain valid. Seafarers holding such endorsements may not claim an endorsement recognising a higher qualification, however, unless that upgrading is based solely on additional seagoing service experience.
Amendment rationale: CONTEXT OF THE PROPOSAL 1.1. Summary The International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (the STCW Convention) was concluded in 1978 among the State Parties to the IMO (International Maritime Organization, the UN agency in charge of the international regulatory framework for shipping). The convention deals with the requirements for training of seafarers (mainly officers) and the relevant certification. The STCW Convention was significantly amended in 1995. The Convention was integrated into Community law by Directive 94/58 on minimum training for seafarers[1]. As a matter of fact, the EU rules on maritime safety are largely aligned with international rules. Directive 94/58 was amended several times and eventually replaced by Directive 2001/25, in turn replaced by Directive 2008/106, currently in force[2]. Over time EU rules were modified, mainly in order to transpose the amendments to the STCW Convention, but also to develop and streamline a system for the recognition of seafarers educated and trained outside the EU. Recognition of seafarers educated and trained outside the EU is in fact crucial in a business like shipping, globalized since forty years. Against this background, in 2007 the IMO launched a comprehensive review of the STCW Convention to which both the Commission and the Member States actively contributed and which was achieved with the adoption of a series of significant amendments, agreed upon by the State-parties at the Manila Conference on 25 June 2010. The Manila amendments to the Convention will enter into force on 1 January 2012. From that date onwards maritime training will have to meet the new requirements. Since the EU Member States are also parties to the Convention, and none of them opposed the Manila amendments, they will have to adapt their legislation to the new text of the Convention. Also EU law should align with international rules, as it has been done so far and in order to avoid any conflict between the international and the EU obligations of the Member States. Alignment with international rules is precisely the objective of the present proposal, which also includes a few features aiming to take the opportunity of this legislative initiative to slightly streamline the STCW Directive. These features regard the introduction of a requirement for the Member States to provide already existing information concerning the certificates to the Commission for statistical purposes and the extension of an impracticable deadline from the procedure of recognition of third countries’ STCW systems. 1.2. The STCW Convention The international character of shipping is well known. It also results in crews being trained in different countries and under different systems operating onboard the same ship. In this respect it is crucial that all such crew members have the capacities needed to perform their duties in a safe manner. Training, in fact, plays an important role in maritime safety. For this reason in 1978, the Parties to the International Maritime Organisation (IMO) aiming to "promote safety of life at sea and the protection of the marine environment by establishing in common agreement international standards of training, certification and watchkeeping for seafarers" adopted the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers ("STCW Convention"), which entered into force in 1984. This Convention prescribes minimum standards which the State Parties are obliged to meet or exceed. As mentioned, the STCW Convention was significantly revised in 1995 and in 2010. As for the structure and content of the Convention, while the introductory articles contain the general principles and the provisions on entry into force and amendment procedures, its Technical Annex – composed of "Regulations" - contain the training, qualification and certification requirements for the different positions on ships (such as "captain", "first mate", etc.). Another annex to the Convention – the "Code" – contains in its Part "A" detailed tables with a precise description of the material skills (e.g., positioning, ship-manoeuvring, cargo-handling) that have to be learned by the candidates for the different positions onboard and tested by the competent bodies. Finally, Part "B" of the Code contains guidance on the implementation of the whole of the STCW rules. Part "B" of the Code is the sole part of the Convention which is not legally binding for the State parties. In this context the 2010 revision of the Convention aimed, on the one hand, to improve its existing provisions (for example, by enhancing the rules on fraud prevention and medical fitness standards) and, on the other hand, to update it with the latest technological developments. The Manila Amendments have also introduced a number of new features, such as training requirements for "able seafarers" and "electro-technical officers", which were not included in the former version of the Convention. 1.3. The STCW Directives Since they were introduced, the EU rules on training and certification of seafarers have had a twofold objective: · setting minimum common standards for training of seafarers working on EU-flagged ships, based on international standards; · ensure that seafarers working on EU-flagged ships and holding certificates issued by non-EU countries are properly trained. These two aspects are intertwined in the various directives that have followed the 1994 directive on minimum training for seafarers, which integrated for the first time the STCW Convention into EU law, the EU rules being afterwards amended as the STCW Convention was. Thus, Directive 94/58 was amended by Directive 98/35/EC transposing the 1995 amendments to the Convention, and subsequently replaced by Directive 2001/25 introducing a procedure for the recognition of seafarers' certificates issued by third countries. Three further amendments followed, introduced by Directive 2002/84 (defining the comitology procedure for the recognition of third country certificates), by Directive 2003/103 (providing for a new procedure for the recognition of third countries), by Directive 2005/23 (introducing requirements for seafarers serving onboard passenger ships) and by Directive 2005/45 (concerning the mutual recognition of certificates issued by Member States). Finally, Directive 2008/106 replaced Directive 2001/25, while introducing new elements concerning the comitology procedure. The main lines of this evolving legislative framework can be summarised as follows, taking into account the three policy objectives as indicated above: · Common standards for training of seafarers working on EU-flagged ships, have been laid down reproducing those set out in the STCW Convention. Such standards, once integrated into EU law and therefore become part of it, are interpreted and implemented according to EU law principles and, if necessary, enforced like any other EU law provision. Under the directive currently in force, if minor changes to the STCW Convention occur, the directive itself may be updated through a comitology procedure; if significant changes are introduced at an international level, a new directive is necessary to update the one in force, like in the present case. · Recognition of third countries. After the creation of the European Maritime Safety Agency (EMSA), the Commission has acquired the support necessary to achieve an accurate knowledge of non-EU countries' systems of training and certification of seafarers. The Commission has therefore been entrusted with the assessment of such systems by Directive 2003/103. In particular, the Commission is in charge of assessing, with the support of EMSA whether third countries comply with the requirements of the STCW Convention. · The recognition of a third country, which has to be requested by a Member State, is carried out in the following way: at first, EMSA carries out an on the ground inspection of the maritime training and certification system and facilities in order to gather evidence regarding compliance with the standards of the STCW Convention; after that, on the basis of the findings of the inspection and the documents provided by the third country involved, the Commission Services gauge the STCW compliance of the system. The phase of assessment of compliance may entail a series of contacts with the involved third country, which may be willing to introduce adjustments to its legislation or practice to suit the Commission recommendations. The time needed for that depends on the nature and extent of those adjustments and the efforts made by the country in question. At the end of this process the Commission submits a draft decision (recognising the first country or withdrawing its recognition) to the Member States for their opinion, in the framework of a "comitology" procedure. The decision is finally adopted by the Commission and published in the Official Journal. The Commission recognition implies that Member States may recognise the certificates issued by the recognised country and that seafarers from that country will be entitled to work onboard the ships flying the flag of that Member State. Member States, however, are not obliged to recognise certificates from those countries, despite the recognition by the Commission. On the contrary, seafarers from non-recognised countries are not allowed to work on ships with an EU flag.
Revised version (Article 20 Non-compliance with the requirements of the STCW Convention):
1. Notwithstanding the criteria specified in Annex II, when a Member State considers that a recognised third country no longer complies with the requirements of the STCW Convention, it shall notify the Commission immediately, giving substantiated reasons therefor. The Commission shall without delay refer the matter to the Committee referred to in Article 28(1). 2. Notwithstanding the criteria set out in Annex II, when the Commission considers that a recognised third country no longer complies with the requirements of the STCW Convention, it shall notify the Member States immediately, giving substantiated reasons therefor. 3. When a Member State intends to withdraw the endorsements of all certificates issued by a third country it shall without delay inform the Commission and the other Member States of its intention, giving substantiated reasons therefor. 4. The Commission, assisted by the European Maritime Safety Agency, shall reassess the recognition of the third country concerned in order to verify whether that country failed to comply with the requirements of the STCW Convention. 5. Where there are indications that a particular maritime training establishment no longer complies with the requirements of the STCW Convention, the Commission shall notify the country concerned that recognition of that country’s certificates will be withdrawn in two months’ time unless measures are taken to ensure compliance with all the requirements of the STCW Convention. 6. The decision on the withdrawal of the recognition shall be taken by the Commission. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 28(2). The Member States concerned shall take appropriate measures to implement the decision. 7. Endorsements attesting recognition of certificates, issued in accordance with Article 5(6) before the date on which the decision to withdraw recognition of the third country is taken, shall remain valid. Seafarers holding such endorsements may not claim an endorsement recognising a higher qualification, however, unless that upgrading is based solely on additional seagoing service experience.
Article 21 Reassessment
1. The third countries that have been recognised under the procedure referred to in the first subparagraph of Article 19(3), including those referred to in Article 19(6), shall be reassessed by the Commission, with the assistance of the European Maritime Safety Agency, on a regular basis and at least every five years to verify that they fulfil the relevant criteria set out in Annex II and whether the appropriate measures have been taken to prevent fraud involving certificates. 2. The Commission shall define the priority criteria for assessment of third countries on the basis of performance data provided by the port State control pursuant to Article 23, as well as the information relating to the reports of the independent evaluations communicated by third countries pursuant to section A-I/7 of the STCW Code. 3. The Commission shall provide the Member States with a report on the results of the assessment.
Amendment rationale: CONTEXT OF THE PROPOSAL 1.1. Reasons for and objectives of the proposal The importance of the human element for the safety of life at sea and the protection of the marine environment has been recognised at the Union level since the beginning of the 1990's 1 . Enhancing maritime education, training and certification of seafarers were considered particularly important elements to att ain a high level of safety. At EU level this was achieved through Directive 2008/106/EC, as amended 2 , by setting minimum training and education standards. This Directive integrates at the EU level the international framework on the training, certification and watchkeeping requirements for seafarers developed under the International Maritime Organisation (IMO) and prescribed by the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, as amended (STCW Convent ion). Directive 2008/106/EC also contains a common EU mechanism for the recognition of the systems of maritime education, training and certification of seafarers from third countries. In addition, it requires regular verification, by the Commission assisted by the European Maritime Safety Agency (EMSA), of compliance of the Member States and of third countries with the requirements of the Directive 2008/106/EC and STCW Convention, respectively. Fostering the professional mobility of seafarers within the EU, by f acilitating the mutual recognition of seafarers' certificates issued by the Member States, was the objective of Directive 2005/45/EC 3 . The Directive introduced a simplified procedure for the recognition of seafarers' certificates issued by the Member State s. The purpose was to ensure that all seafarers, who are qualified in a Member State and hold such certificates, will be permitted to serve on board ships flying the flag of any Member State. An evaluation has been carried out and concluded that both Directives are fit for purpose and have met to a great extent the initial objectives and expectations. However, it also identified elements that have hindered the effectiveness and the efficiency of the legislative framework. This proposal aims to tackle the problematic issues identified. The overarching objective of this revision is therefore to simplify and streamline the existing EU regulatory framework on seafarers' training and certification in order to: i) keep the EU rules aligned with the international framework; ii) revamp the centralised mechanism for the recognition of third countries in order to increase its efficiency and effectiveness; and iii) increase legal clarity regarding the mutual recognition of seafarers certificates issued by the Member States.
Revised version (Article 21 Reassessment):
1. The third countries that have been recognised under the procedure referred to in the first subparagraph of Article 19(3), including those referred to in Article 19(6), shall be reassessed by the Commission, with the assistance of the European Maritime Safety Agency, on a regular basis and at least within ten years of the last assessment, to verify that they fulfil the relevant criteria set out in Annex II and whether the appropriate measures have been taken to prevent issuance of fraudulent certificates. 2. The Commission, with the assistance of the European Maritime Safety Agency, shall carry out the reassessment of the third countries based on priority criteria. Those priority criteria shall include the following: (a) performance data by the port State control pursuant to Article 23; (b) the number of endorsements attesting recognition in relation to certificates of competency, or certificates of proficiency issued in accordance with Regulations V/1-1 and V/1-2 of the STCW Convention, issued by the third country; (c) the number of maritime education and training institutions accredited by the third country; (d) the number of seafarers' training and professional development programmes approved by the third country; (e) the date of the Commission's last assessment of the third country and the number of deficiencies in critical processes identified during that assessment; (f) any significant change in the maritime training and certification system of the third country; (g) the overall numbers of seafarers certified by the third country, serving on ships flying the flags of Member States and the level of training and qualifications of those seafarers; (h) information concerning education and training standards in the third country provided by any concerned authorities or other stakeholders, if available. In case of non-compliance of a third country with the requirements of the STCW Convention in accordance with Article 20 of this Directive, the reassessment of that third country shall take priority in relation to the other third countries. 3. The Commission shall provide the Member States with a report on the results of the assessment.
Article 22 Port State control
1. Irrespective of the flag it flies each ship, with the exception of those types of ships excluded by Article 2, shall, while in the ports of a Member State, be subject to port State control by officers duly authorised by that Member State to verify that all seafarers serving on board who are required to be certificated by the STCW Convention are so certificated or hold appropriate dispensations. 2. When exercising port State control under this Directive, Member States shall ensure that all relevant provisions and procedures laid down in Directive 95/21/EC are applied.
Amendment rationale: CONTEXT OF THE PROPOSAL 1.1. Summary The International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (the STCW Convention) was concluded in 1978 among the State Parties to the IMO (International Maritime Organization, the UN agency in charge of the international regulatory framework for shipping). The convention deals with the requirements for training of seafarers (mainly officers) and the relevant certification. The STCW Convention was significantly amended in 1995. The Convention was integrated into Community law by Directive 94/58 on minimum training for seafarers[1]. As a matter of fact, the EU rules on maritime safety are largely aligned with international rules. Directive 94/58 was amended several times and eventually replaced by Directive 2001/25, in turn replaced by Directive 2008/106, currently in force[2]. Over time EU rules were modified, mainly in order to transpose the amendments to the STCW Convention, but also to develop and streamline a system for the recognition of seafarers educated and trained outside the EU. Recognition of seafarers educated and trained outside the EU is in fact crucial in a business like shipping, globalized since forty years. Against this background, in 2007 the IMO launched a comprehensive review of the STCW Convention to which both the Commission and the Member States actively contributed and which was achieved with the adoption of a series of significant amendments, agreed upon by the State-parties at the Manila Conference on 25 June 2010. The Manila amendments to the Convention will enter into force on 1 January 2012. From that date onwards maritime training will have to meet the new requirements. Since the EU Member States are also parties to the Convention, and none of them opposed the Manila amendments, they will have to adapt their legislation to the new text of the Convention. Also EU law should align with international rules, as it has been done so far and in order to avoid any conflict between the international and the EU obligations of the Member States. Alignment with international rules is precisely the objective of the present proposal, which also includes a few features aiming to take the opportunity of this legislative initiative to slightly streamline the STCW Directive. These features regard the introduction of a requirement for the Member States to provide already existing information concerning the certificates to the Commission for statistical purposes and the extension of an impracticable deadline from the procedure of recognition of third countries’ STCW systems. 1.2. The STCW Convention The international character of shipping is well known. It also results in crews being trained in different countries and under different systems operating onboard the same ship. In this respect it is crucial that all such crew members have the capacities needed to perform their duties in a safe manner. Training, in fact, plays an important role in maritime safety. For this reason in 1978, the Parties to the International Maritime Organisation (IMO) aiming to "promote safety of life at sea and the protection of the marine environment by establishing in common agreement international standards of training, certification and watchkeeping for seafarers" adopted the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers ("STCW Convention"), which entered into force in 1984. This Convention prescribes minimum standards which the State Parties are obliged to meet or exceed. As mentioned, the STCW Convention was significantly revised in 1995 and in 2010. As for the structure and content of the Convention, while the introductory articles contain the general principles and the provisions on entry into force and amendment procedures, its Technical Annex – composed of "Regulations" - contain the training, qualification and certification requirements for the different positions on ships (such as "captain", "first mate", etc.). Another annex to the Convention – the "Code" – contains in its Part "A" detailed tables with a precise description of the material skills (e.g., positioning, ship-manoeuvring, cargo-handling) that have to be learned by the candidates for the different positions onboard and tested by the competent bodies. Finally, Part "B" of the Code contains guidance on the implementation of the whole of the STCW rules. Part "B" of the Code is the sole part of the Convention which is not legally binding for the State parties. In this context the 2010 revision of the Convention aimed, on the one hand, to improve its existing provisions (for example, by enhancing the rules on fraud prevention and medical fitness standards) and, on the other hand, to update it with the latest technological developments. The Manila Amendments have also introduced a number of new features, such as training requirements for "able seafarers" and "electro-technical officers", which were not included in the former version of the Convention. 1.3. The STCW Directives Since they were introduced, the EU rules on training and certification of seafarers have had a twofold objective: · setting minimum common standards for training of seafarers working on EU-flagged ships, based on international standards; · ensure that seafarers working on EU-flagged ships and holding certificates issued by non-EU countries are properly trained. These two aspects are intertwined in the various directives that have followed the 1994 directive on minimum training for seafarers, which integrated for the first time the STCW Convention into EU law, the EU rules being afterwards amended as the STCW Convention was. Thus, Directive 94/58 was amended by Directive 98/35/EC transposing the 1995 amendments to the Convention, and subsequently replaced by Directive 2001/25 introducing a procedure for the recognition of seafarers' certificates issued by third countries. Three further amendments followed, introduced by Directive 2002/84 (defining the comitology procedure for the recognition of third country certificates), by Directive 2003/103 (providing for a new procedure for the recognition of third countries), by Directive 2005/23 (introducing requirements for seafarers serving onboard passenger ships) and by Directive 2005/45 (concerning the mutual recognition of certificates issued by Member States). Finally, Directive 2008/106 replaced Directive 2001/25, while introducing new elements concerning the comitology procedure. The main lines of this evolving legislative framework can be summarised as follows, taking into account the three policy objectives as indicated above: · Common standards for training of seafarers working on EU-flagged ships, have been laid down reproducing those set out in the STCW Convention. Such standards, once integrated into EU law and therefore become part of it, are interpreted and implemented according to EU law principles and, if necessary, enforced like any other EU law provision. Under the directive currently in force, if minor changes to the STCW Convention occur, the directive itself may be updated through a comitology procedure; if significant changes are introduced at an international level, a new directive is necessary to update the one in force, like in the present case. · Recognition of third countries. After the creation of the European Maritime Safety Agency (EMSA), the Commission has acquired the support necessary to achieve an accurate knowledge of non-EU countries' systems of training and certification of seafarers. The Commission has therefore been entrusted with the assessment of such systems by Directive 2003/103. In particular, the Commission is in charge of assessing, with the support of EMSA whether third countries comply with the requirements of the STCW Convention. · The recognition of a third country, which has to be requested by a Member State, is carried out in the following way: at first, EMSA carries out an on the ground inspection of the maritime training and certification system and facilities in order to gather evidence regarding compliance with the standards of the STCW Convention; after that, on the basis of the findings of the inspection and the documents provided by the third country involved, the Commission Services gauge the STCW compliance of the system. The phase of assessment of compliance may entail a series of contacts with the involved third country, which may be willing to introduce adjustments to its legislation or practice to suit the Commission recommendations. The time needed for that depends on the nature and extent of those adjustments and the efforts made by the country in question. At the end of this process the Commission submits a draft decision (recognising the first country or withdrawing its recognition) to the Member States for their opinion, in the framework of a "comitology" procedure. The decision is finally adopted by the Commission and published in the Official Journal. The Commission recognition implies that Member States may recognise the certificates issued by the recognised country and that seafarers from that country will be entitled to work onboard the ships flying the flag of that Member State. Member States, however, are not obliged to recognise certificates from those countries, despite the recognition by the Commission. On the contrary, seafarers from non-recognised countries are not allowed to work on ships with an EU flag.
Revised version (Article 22 Port State control):
1. Irrespective of the flag it flies, each ship, with the exception of those types of ships excluded by Article 2, shall, while in the ports of a Member State, be subject to port State control by officers duly authorised by that Member State to verify that all seafarers serving on board who are required to hold a certificate of competency and/or a certificate of proficiency and/or documentary evidence under the STCW Convention, hold such a certificate of competency or valid dispensation and/or certificate of proficiency and/or documentary evidence. 2. When exercising port State control under this Directive, Member States shall ensure that all relevant provisions and procedures laid down in Directive 95/21/EC are applied.
Article 23 Port State control procedures
1. Without prejudice to Directive 95/21/EC, port State control pursuant to Article 22 shall be limited to the following: (a) verification that every seafarer serving on board who must be certificated in accordance with the STCW Convention holds an appropriate certificate or a valid dispensation or provides documentary proof that an application for an endorsement attesting recognition has been submitted to the authorities of the flag State; (b) verification that the numbers and certificates of the seafarers serving on board are in accordance with the safe-manning requirements of the authorities of the flag State. 2. The ability of the ship’s seafarers to maintain watchkeeping standards as required by the STCW Convention shall be assessed in accordance with Part A of the STCW Code if there are clear grounds for believing that such standards are not being maintained because any of the following has occurred: (a) the ship has been involved in a collision, grounding or stranding; (b) there has been a discharge of substances from the ship when under way, at anchor or at berth which is illegal under an international convention; (c) the ship has been manoeuvred in an erratic or unsafe manner whereby routing measures adopted by the IMO, or safe navigation practices and procedures have not been followed; (d) the ship is otherwise being operated in such a manner as to pose a danger to persons, property or the environment; (e) a certificate has been fraudulently obtained or the holder of a certificate is not the person to whom that certificate was originally issued; (f) the ship is flying the flag of a country which has not ratified the STCW Convention, or has a master, officer or rating holding a certificate issued by a third country which has not ratified the STCW Convention. 3. Notwithstanding verification of the certificate, assessment under paragraph 2 may require the seafarer to demonstrate the relevant competence at the place of duty. Such a demonstration may include verification that operational requirements in respect of watchkeeping standards have been met and that there is a proper response to emergency situations within the seafarer’s level of competence.
Amendment rationale: CONTEXT OF THE PROPOSAL 1.1. Summary The International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (the STCW Convention) was concluded in 1978 among the State Parties to the IMO (International Maritime Organization, the UN agency in charge of the international regulatory framework for shipping). The convention deals with the requirements for training of seafarers (mainly officers) and the relevant certification. The STCW Convention was significantly amended in 1995. The Convention was integrated into Community law by Directive 94/58 on minimum training for seafarers[1]. As a matter of fact, the EU rules on maritime safety are largely aligned with international rules. Directive 94/58 was amended several times and eventually replaced by Directive 2001/25, in turn replaced by Directive 2008/106, currently in force[2]. Over time EU rules were modified, mainly in order to transpose the amendments to the STCW Convention, but also to develop and streamline a system for the recognition of seafarers educated and trained outside the EU. Recognition of seafarers educated and trained outside the EU is in fact crucial in a business like shipping, globalized since forty years. Against this background, in 2007 the IMO launched a comprehensive review of the STCW Convention to which both the Commission and the Member States actively contributed and which was achieved with the adoption of a series of significant amendments, agreed upon by the State-parties at the Manila Conference on 25 June 2010. The Manila amendments to the Convention will enter into force on 1 January 2012. From that date onwards maritime training will have to meet the new requirements. Since the EU Member States are also parties to the Convention, and none of them opposed the Manila amendments, they will have to adapt their legislation to the new text of the Convention. Also EU law should align with international rules, as it has been done so far and in order to avoid any conflict between the international and the EU obligations of the Member States. Alignment with international rules is precisely the objective of the present proposal, which also includes a few features aiming to take the opportunity of this legislative initiative to slightly streamline the STCW Directive. These features regard the introduction of a requirement for the Member States to provide already existing information concerning the certificates to the Commission for statistical purposes and the extension of an impracticable deadline from the procedure of recognition of third countries’ STCW systems. 1.2. The STCW Convention The international character of shipping is well known. It also results in crews being trained in different countries and under different systems operating onboard the same ship. In this respect it is crucial that all such crew members have the capacities needed to perform their duties in a safe manner. Training, in fact, plays an important role in maritime safety. For this reason in 1978, the Parties to the International Maritime Organisation (IMO) aiming to "promote safety of life at sea and the protection of the marine environment by establishing in common agreement international standards of training, certification and watchkeeping for seafarers" adopted the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers ("STCW Convention"), which entered into force in 1984. This Convention prescribes minimum standards which the State Parties are obliged to meet or exceed. As mentioned, the STCW Convention was significantly revised in 1995 and in 2010. As for the structure and content of the Convention, while the introductory articles contain the general principles and the provisions on entry into force and amendment procedures, its Technical Annex – composed of "Regulations" - contain the training, qualification and certification requirements for the different positions on ships (such as "captain", "first mate", etc.). Another annex to the Convention – the "Code" – contains in its Part "A" detailed tables with a precise description of the material skills (e.g., positioning, ship-manoeuvring, cargo-handling) that have to be learned by the candidates for the different positions onboard and tested by the competent bodies. Finally, Part "B" of the Code contains guidance on the implementation of the whole of the STCW rules. Part "B" of the Code is the sole part of the Convention which is not legally binding for the State parties. In this context the 2010 revision of the Convention aimed, on the one hand, to improve its existing provisions (for example, by enhancing the rules on fraud prevention and medical fitness standards) and, on the other hand, to update it with the latest technological developments. The Manila Amendments have also introduced a number of new features, such as training requirements for "able seafarers" and "electro-technical officers", which were not included in the former version of the Convention. 1.3. The STCW Directives Since they were introduced, the EU rules on training and certification of seafarers have had a twofold objective: · setting minimum common standards for training of seafarers working on EU-flagged ships, based on international standards; · ensure that seafarers working on EU-flagged ships and holding certificates issued by non-EU countries are properly trained. These two aspects are intertwined in the various directives that have followed the 1994 directive on minimum training for seafarers, which integrated for the first time the STCW Convention into EU law, the EU rules being afterwards amended as the STCW Convention was. Thus, Directive 94/58 was amended by Directive 98/35/EC transposing the 1995 amendments to the Convention, and subsequently replaced by Directive 2001/25 introducing a procedure for the recognition of seafarers' certificates issued by third countries. Three further amendments followed, introduced by Directive 2002/84 (defining the comitology procedure for the recognition of third country certificates), by Directive 2003/103 (providing for a new procedure for the recognition of third countries), by Directive 2005/23 (introducing requirements for seafarers serving onboard passenger ships) and by Directive 2005/45 (concerning the mutual recognition of certificates issued by Member States). Finally, Directive 2008/106 replaced Directive 2001/25, while introducing new elements concerning the comitology procedure. The main lines of this evolving legislative framework can be summarised as follows, taking into account the three policy objectives as indicated above: · Common standards for training of seafarers working on EU-flagged ships, have been laid down reproducing those set out in the STCW Convention. Such standards, once integrated into EU law and therefore become part of it, are interpreted and implemented according to EU law principles and, if necessary, enforced like any other EU law provision. Under the directive currently in force, if minor changes to the STCW Convention occur, the directive itself may be updated through a comitology procedure; if significant changes are introduced at an international level, a new directive is necessary to update the one in force, like in the present case. · Recognition of third countries. After the creation of the European Maritime Safety Agency (EMSA), the Commission has acquired the support necessary to achieve an accurate knowledge of non-EU countries' systems of training and certification of seafarers. The Commission has therefore been entrusted with the assessment of such systems by Directive 2003/103. In particular, the Commission is in charge of assessing, with the support of EMSA whether third countries comply with the requirements of the STCW Convention. · The recognition of a third country, which has to be requested by a Member State, is carried out in the following way: at first, EMSA carries out an on the ground inspection of the maritime training and certification system and facilities in order to gather evidence regarding compliance with the standards of the STCW Convention; after that, on the basis of the findings of the inspection and the documents provided by the third country involved, the Commission Services gauge the STCW compliance of the system. The phase of assessment of compliance may entail a series of contacts with the involved third country, which may be willing to introduce adjustments to its legislation or practice to suit the Commission recommendations. The time needed for that depends on the nature and extent of those adjustments and the efforts made by the country in question. At the end of this process the Commission submits a draft decision (recognising the first country or withdrawing its recognition) to the Member States for their opinion, in the framework of a "comitology" procedure. The decision is finally adopted by the Commission and published in the Official Journal. The Commission recognition implies that Member States may recognise the certificates issued by the recognised country and that seafarers from that country will be entitled to work onboard the ships flying the flag of that Member State. Member States, however, are not obliged to recognise certificates from those countries, despite the recognition by the Commission. On the contrary, seafarers from non-recognised countries are not allowed to work on ships with an EU flag.
Revised version (Article 23 Port State control procedures):
1. Without prejudice to Directive 95/21/EC, port State control pursuant to Article 22 shall be limited to the following: (a) verification that every seafarer serving on board who is required to hold a certificate of competency and/or a certificate of proficiency in accordance with the STCW Convention holds such a certificate of competency or valid dispensation and/or certificate of proficiency, or provides documentary proof that an application for an endorsement attesting recognition of a certificate of competency has been submitted to the authorities of the flag State; (b) verification that the numbers and certificates of the seafarers serving on board are in accordance with the safe-manning requirements of the authorities of the flag State. 2. The ability of the ship’s seafarers to maintain watchkeeping and security standards, as appropriate, as required by the STCW Convention shall be assessed in accordance with Part A of the STCW Code if there are clear grounds for believing that such standards are not being maintained because any of the following has occurred: (a) the ship has been involved in a collision, grounding or stranding; (b) there has been a discharge of substances from the ship when under way, at anchor or at berth which is illegal under an international convention; (c) the ship has been manoeuvred in an erratic or unsafe manner whereby routing measures adopted by the IMO, or safe navigation practices and procedures have not been followed; (d) the ship is otherwise being operated in such a manner as to pose a danger to persons, property or the environment, or to compromise security; (e) a certificate has been fraudulently obtained or the holder of a certificate is not the person to whom that certificate was originally issued; (f) the ship is flying the flag of a country which has not ratified the STCW Convention, or has a master, officer or rating holding a certificate issued by a third country which has not ratified the STCW Convention. 3. Notwithstanding verification of the certificate, assessment under paragraph 2 may require the seafarer to demonstrate the relevant competence at the place of duty. Such a demonstration may include verification that operational requirements in respect of watchkeeping standards have been met and that there is a proper response to emergency situations within the seafarer’s level of competence.
Article 24 Detention
Without prejudice to Directive 95/21/EC, the following deficiencies, in so far as they have been determined by the officer carrying out the port State control that they pose a danger to persons, property or the environment, shall be the only grounds under this Directive on which a Member State may detain a ship: (a) failure of seafarers to hold certificates, to have appropriate certificates, to have valid dispensations or provide documentary proof that an application for an endorsement attesting recognition has been submitted to the authorities of the flag State; (b) failure to comply with the applicable safe-manning requirements of the flag State; (c) failure of navigational or engineering-watch arrangements to conform to the requirements specified for the ship by the flag State; (d) absence in a watch of a person qualified to operate equipment essential to safe navigation, safety radio communications or the prevention of marine pollution; (e) failure to provide proof of professional proficiency for the duties assigned to seafarers for the safety of the ship and the prevention of pollution; (f) inability to provide for the first watch at the commencement of a voyage and for subsequent relieving watches persons who are sufficiently rested and otherwise fit for duty.
Article 25 Regular monitoring of compliance
Without prejudice to the powers of the Commission under Article 226 of the Treaty, the Commission, assisted by the European Maritime Safety Agency, shall verify on a regular basis and at least every five years that Member States comply with the minimum requirements laid down by this Directive.
Article 26 Reports
1. Not later than 14 December 2008 the Commission shall submit an evaluation report to the European Parliament and the Council, based on a detailed analysis and evaluation of the provisions of the STCW Convention, the implementation thereof and new insights gained with regard to the correlation between safety and the level of training of ships’ crews. 2. Not later than 20 October 2010 the Commission shall submit to the European Parliament and the Council an evaluation report drawn up on the basis of the information obtained pursuant to Article 25. In the report the Commission shall analyse the Member States’ compliance with this Directive and, where necessary, make proposals for additional measures.
Amendment rationale: CONTEXT OF THE PROPOSAL 1.1. Reasons for and objectives of the proposal The importance of the human element for the safety of life at sea and the protection of the marine environment has been recognised at the Union level since the beginning of the 1990's 1 . Enhancing maritime education, training and certification of seafarers were considered particularly important elements to att ain a high level of safety. At EU level this was achieved through Directive 2008/106/EC, as amended 2 , by setting minimum training and education standards. This Directive integrates at the EU level the international framework on the training, certification and watchkeeping requirements for seafarers developed under the International Maritime Organisation (IMO) and prescribed by the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, as amended (STCW Convent ion). Directive 2008/106/EC also contains a common EU mechanism for the recognition of the systems of maritime education, training and certification of seafarers from third countries. In addition, it requires regular verification, by the Commission assisted by the European Maritime Safety Agency (EMSA), of compliance of the Member States and of third countries with the requirements of the Directive 2008/106/EC and STCW Convention, respectively. Fostering the professional mobility of seafarers within the EU, by f acilitating the mutual recognition of seafarers' certificates issued by the Member States, was the objective of Directive 2005/45/EC 3 . The Directive introduced a simplified procedure for the recognition of seafarers' certificates issued by the Member State s. The purpose was to ensure that all seafarers, who are qualified in a Member State and hold such certificates, will be permitted to serve on board ships flying the flag of any Member State. An evaluation has been carried out and concluded that both Directives are fit for purpose and have met to a great extent the initial objectives and expectations. However, it also identified elements that have hindered the effectiveness and the efficiency of the legislative framework. This proposal aims to tackle the problematic issues identified. The overarching objective of this revision is therefore to simplify and streamline the existing EU regulatory framework on seafarers' training and certification in order to: i) keep the EU rules aligned with the international framework; ii) revamp the centralised mechanism for the recognition of third countries in order to increase its efficiency and effectiveness; and iii) increase legal clarity regarding the mutual recognition of seafarers certificates issued by the Member States.
Revised version (Article 26 Evaluation report):
No later than 2 August 2024 the Commission shall submit to the European Parliament and to the Council an evaluation report, including suggestions for follow up actions to be taken in the light of that evaluation. In that evaluation report, the Commission shall analyse the implementation of the mutual recognition scheme of seafarers' certificates issued by Member States, and any developments regarding digital certificates for seafarers at international level. The Commission shall also evaluate any developments regarding a future consideration of the European Maritime Diplomas of Excellence, as underpinned by the recommendations provided by the social partners.
Article 27 Amendment
1. This Directive may be amended by the Commission in order to apply, for the purposes of this Directive, subsequent amendments to the international codes referred to in points (16), (17), (18), (23) and (24) of Article 1 which have entered into force. This Directive may also be amended by the Commission in order to apply, for the purposes of this Directive, any relevant amendments to Community legislation. Those measures designed to amend non-essential elements of this Directive shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 28(3). 2. Following the adoption of new instruments or protocols to the STCW Convention, the Council, acting on a proposal from the Commission, shall decide, taking into account the Member States’ parliamentary procedures, as well as the relevant procedures within the IMO on the detailed arrangements for ratifying those new instruments or protocols, while ensuring that they are applied uniformly and simultaneously in the Member States. 3. The amendments to the international instruments referred to in Article 1(16), (17), (18), (21), (22) and (24) may be excluded from the scope of this Directive, pursuant to Article 5 of Regulation (EC) No 2099/2002 of the European Parliament and of the Council of 5 November 2002 establishing a Committee on Safe Seas and the Prevention of Pollution from Ships (COSS) ( 10 ) .
Amendment rationale: CONTEXT OF THE PROPOSAL 1.1. Summary The International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (the STCW Convention) was concluded in 1978 among the State Parties to the IMO (International Maritime Organization, the UN agency in charge of the international regulatory framework for shipping). The convention deals with the requirements for training of seafarers (mainly officers) and the relevant certification. The STCW Convention was significantly amended in 1995. The Convention was integrated into Community law by Directive 94/58 on minimum training for seafarers[1]. As a matter of fact, the EU rules on maritime safety are largely aligned with international rules. Directive 94/58 was amended several times and eventually replaced by Directive 2001/25, in turn replaced by Directive 2008/106, currently in force[2]. Over time EU rules were modified, mainly in order to transpose the amendments to the STCW Convention, but also to develop and streamline a system for the recognition of seafarers educated and trained outside the EU. Recognition of seafarers educated and trained outside the EU is in fact crucial in a business like shipping, globalized since forty years. Against this background, in 2007 the IMO launched a comprehensive review of the STCW Convention to which both the Commission and the Member States actively contributed and which was achieved with the adoption of a series of significant amendments, agreed upon by the State-parties at the Manila Conference on 25 June 2010. The Manila amendments to the Convention will enter into force on 1 January 2012. From that date onwards maritime training will have to meet the new requirements. Since the EU Member States are also parties to the Convention, and none of them opposed the Manila amendments, they will have to adapt their legislation to the new text of the Convention. Also EU law should align with international rules, as it has been done so far and in order to avoid any conflict between the international and the EU obligations of the Member States. Alignment with international rules is precisely the objective of the present proposal, which also includes a few features aiming to take the opportunity of this legislative initiative to slightly streamline the STCW Directive. These features regard the introduction of a requirement for the Member States to provide already existing information concerning the certificates to the Commission for statistical purposes and the extension of an impracticable deadline from the procedure of recognition of third countries’ STCW systems. 1.2. The STCW Convention The international character of shipping is well known. It also results in crews being trained in different countries and under different systems operating onboard the same ship. In this respect it is crucial that all such crew members have the capacities needed to perform their duties in a safe manner. Training, in fact, plays an important role in maritime safety. For this reason in 1978, the Parties to the International Maritime Organisation (IMO) aiming to "promote safety of life at sea and the protection of the marine environment by establishing in common agreement international standards of training, certification and watchkeeping for seafarers" adopted the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers ("STCW Convention"), which entered into force in 1984. This Convention prescribes minimum standards which the State Parties are obliged to meet or exceed. As mentioned, the STCW Convention was significantly revised in 1995 and in 2010. As for the structure and content of the Convention, while the introductory articles contain the general principles and the provisions on entry into force and amendment procedures, its Technical Annex – composed of "Regulations" - contain the training, qualification and certification requirements for the different positions on ships (such as "captain", "first mate", etc.). Another annex to the Convention – the "Code" – contains in its Part "A" detailed tables with a precise description of the material skills (e.g., positioning, ship-manoeuvring, cargo-handling) that have to be learned by the candidates for the different positions onboard and tested by the competent bodies. Finally, Part "B" of the Code contains guidance on the implementation of the whole of the STCW rules. Part "B" of the Code is the sole part of the Convention which is not legally binding for the State parties. In this context the 2010 revision of the Convention aimed, on the one hand, to improve its existing provisions (for example, by enhancing the rules on fraud prevention and medical fitness standards) and, on the other hand, to update it with the latest technological developments. The Manila Amendments have also introduced a number of new features, such as training requirements for "able seafarers" and "electro-technical officers", which were not included in the former version of the Convention. 1.3. The STCW Directives Since they were introduced, the EU rules on training and certification of seafarers have had a twofold objective: · setting minimum common standards for training of seafarers working on EU-flagged ships, based on international standards; · ensure that seafarers working on EU-flagged ships and holding certificates issued by non-EU countries are properly trained. These two aspects are intertwined in the various directives that have followed the 1994 directive on minimum training for seafarers, which integrated for the first time the STCW Convention into EU law, the EU rules being afterwards amended as the STCW Convention was. Thus, Directive 94/58 was amended by Directive 98/35/EC transposing the 1995 amendments to the Convention, and subsequently replaced by Directive 2001/25 introducing a procedure for the recognition of seafarers' certificates issued by third countries. Three further amendments followed, introduced by Directive 2002/84 (defining the comitology procedure for the recognition of third country certificates), by Directive 2003/103 (providing for a new procedure for the recognition of third countries), by Directive 2005/23 (introducing requirements for seafarers serving onboard passenger ships) and by Directive 2005/45 (concerning the mutual recognition of certificates issued by Member States). Finally, Directive 2008/106 replaced Directive 2001/25, while introducing new elements concerning the comitology procedure. The main lines of this evolving legislative framework can be summarised as follows, taking into account the three policy objectives as indicated above: · Common standards for training of seafarers working on EU-flagged ships, have been laid down reproducing those set out in the STCW Convention. Such standards, once integrated into EU law and therefore become part of it, are interpreted and implemented according to EU law principles and, if necessary, enforced like any other EU law provision. Under the directive currently in force, if minor changes to the STCW Convention occur, the directive itself may be updated through a comitology procedure; if significant changes are introduced at an international level, a new directive is necessary to update the one in force, like in the present case. · Recognition of third countries. After the creation of the European Maritime Safety Agency (EMSA), the Commission has acquired the support necessary to achieve an accurate knowledge of non-EU countries' systems of training and certification of seafarers. The Commission has therefore been entrusted with the assessment of such systems by Directive 2003/103. In particular, the Commission is in charge of assessing, with the support of EMSA whether third countries comply with the requirements of the STCW Convention. · The recognition of a third country, which has to be requested by a Member State, is carried out in the following way: at first, EMSA carries out an on the ground inspection of the maritime training and certification system and facilities in order to gather evidence regarding compliance with the standards of the STCW Convention; after that, on the basis of the findings of the inspection and the documents provided by the third country involved, the Commission Services gauge the STCW compliance of the system. The phase of assessment of compliance may entail a series of contacts with the involved third country, which may be willing to introduce adjustments to its legislation or practice to suit the Commission recommendations. The time needed for that depends on the nature and extent of those adjustments and the efforts made by the country in question. At the end of this process the Commission submits a draft decision (recognising the first country or withdrawing its recognition) to the Member States for their opinion, in the framework of a "comitology" procedure. The decision is finally adopted by the Commission and published in the Official Journal. The Commission recognition implies that Member States may recognise the certificates issued by the recognised country and that seafarers from that country will be entitled to work onboard the ships flying the flag of that Member State. Member States, however, are not obliged to recognise certificates from those countries, despite the recognition by the Commission. On the contrary, seafarers from non-recognised countries are not allowed to work on ships with an EU flag.
Revised version (Article 27 Amendment):
The Commission shall be empowered to adopt delegated acts, in accordance with Article 27a, amending Annex V to this Directive with respect to specific and relevant content and details of the information that needs to be reported by Member States provided that such acts are limited to taking into account the amendments to the STCW Convention and Code and respect the safeguards on data protection. Such delegated acts shall not change the provisions of anonymisation of data as required by Article 25a(3).
Article 28 Committee procedure
1. The Commission shall be assisted by the Committee on Safe Seas and the Prevention of Pollution from Ships (COSS), established by Regulation (EC) No 2099/2002. 2. Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof. The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at eight weeks. 3. Where reference is made to this paragraph, Article 5a(1) to (4), and Article 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.
Amendment rationale: CONTEXT OF THE PROPOSAL 1.1. Summary The International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (the STCW Convention) was concluded in 1978 among the State Parties to the IMO (International Maritime Organization, the UN agency in charge of the international regulatory framework for shipping). The convention deals with the requirements for training of seafarers (mainly officers) and the relevant certification. The STCW Convention was significantly amended in 1995. The Convention was integrated into Community law by Directive 94/58 on minimum training for seafarers[1]. As a matter of fact, the EU rules on maritime safety are largely aligned with international rules. Directive 94/58 was amended several times and eventually replaced by Directive 2001/25, in turn replaced by Directive 2008/106, currently in force[2]. Over time EU rules were modified, mainly in order to transpose the amendments to the STCW Convention, but also to develop and streamline a system for the recognition of seafarers educated and trained outside the EU. Recognition of seafarers educated and trained outside the EU is in fact crucial in a business like shipping, globalized since forty years. Against this background, in 2007 the IMO launched a comprehensive review of the STCW Convention to which both the Commission and the Member States actively contributed and which was achieved with the adoption of a series of significant amendments, agreed upon by the State-parties at the Manila Conference on 25 June 2010. The Manila amendments to the Convention will enter into force on 1 January 2012. From that date onwards maritime training will have to meet the new requirements. Since the EU Member States are also parties to the Convention, and none of them opposed the Manila amendments, they will have to adapt their legislation to the new text of the Convention. Also EU law should align with international rules, as it has been done so far and in order to avoid any conflict between the international and the EU obligations of the Member States. Alignment with international rules is precisely the objective of the present proposal, which also includes a few features aiming to take the opportunity of this legislative initiative to slightly streamline the STCW Directive. These features regard the introduction of a requirement for the Member States to provide already existing information concerning the certificates to the Commission for statistical purposes and the extension of an impracticable deadline from the procedure of recognition of third countries’ STCW systems. 1.2. The STCW Convention The international character of shipping is well known. It also results in crews being trained in different countries and under different systems operating onboard the same ship. In this respect it is crucial that all such crew members have the capacities needed to perform their duties in a safe manner. Training, in fact, plays an important role in maritime safety. For this reason in 1978, the Parties to the International Maritime Organisation (IMO) aiming to "promote safety of life at sea and the protection of the marine environment by establishing in common agreement international standards of training, certification and watchkeeping for seafarers" adopted the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers ("STCW Convention"), which entered into force in 1984. This Convention prescribes minimum standards which the State Parties are obliged to meet or exceed. As mentioned, the STCW Convention was significantly revised in 1995 and in 2010. As for the structure and content of the Convention, while the introductory articles contain the general principles and the provisions on entry into force and amendment procedures, its Technical Annex – composed of "Regulations" - contain the training, qualification and certification requirements for the different positions on ships (such as "captain", "first mate", etc.). Another annex to the Convention – the "Code" – contains in its Part "A" detailed tables with a precise description of the material skills (e.g., positioning, ship-manoeuvring, cargo-handling) that have to be learned by the candidates for the different positions onboard and tested by the competent bodies. Finally, Part "B" of the Code contains guidance on the implementation of the whole of the STCW rules. Part "B" of the Code is the sole part of the Convention which is not legally binding for the State parties. In this context the 2010 revision of the Convention aimed, on the one hand, to improve its existing provisions (for example, by enhancing the rules on fraud prevention and medical fitness standards) and, on the other hand, to update it with the latest technological developments. The Manila Amendments have also introduced a number of new features, such as training requirements for "able seafarers" and "electro-technical officers", which were not included in the former version of the Convention. 1.3. The STCW Directives Since they were introduced, the EU rules on training and certification of seafarers have had a twofold objective: · setting minimum common standards for training of seafarers working on EU-flagged ships, based on international standards; · ensure that seafarers working on EU-flagged ships and holding certificates issued by non-EU countries are properly trained. These two aspects are intertwined in the various directives that have followed the 1994 directive on minimum training for seafarers, which integrated for the first time the STCW Convention into EU law, the EU rules being afterwards amended as the STCW Convention was. Thus, Directive 94/58 was amended by Directive 98/35/EC transposing the 1995 amendments to the Convention, and subsequently replaced by Directive 2001/25 introducing a procedure for the recognition of seafarers' certificates issued by third countries. Three further amendments followed, introduced by Directive 2002/84 (defining the comitology procedure for the recognition of third country certificates), by Directive 2003/103 (providing for a new procedure for the recognition of third countries), by Directive 2005/23 (introducing requirements for seafarers serving onboard passenger ships) and by Directive 2005/45 (concerning the mutual recognition of certificates issued by Member States). Finally, Directive 2008/106 replaced Directive 2001/25, while introducing new elements concerning the comitology procedure. The main lines of this evolving legislative framework can be summarised as follows, taking into account the three policy objectives as indicated above: · Common standards for training of seafarers working on EU-flagged ships, have been laid down reproducing those set out in the STCW Convention. Such standards, once integrated into EU law and therefore become part of it, are interpreted and implemented according to EU law principles and, if necessary, enforced like any other EU law provision. Under the directive currently in force, if minor changes to the STCW Convention occur, the directive itself may be updated through a comitology procedure; if significant changes are introduced at an international level, a new directive is necessary to update the one in force, like in the present case. · Recognition of third countries. After the creation of the European Maritime Safety Agency (EMSA), the Commission has acquired the support necessary to achieve an accurate knowledge of non-EU countries' systems of training and certification of seafarers. The Commission has therefore been entrusted with the assessment of such systems by Directive 2003/103. In particular, the Commission is in charge of assessing, with the support of EMSA whether third countries comply with the requirements of the STCW Convention. · The recognition of a third country, which has to be requested by a Member State, is carried out in the following way: at first, EMSA carries out an on the ground inspection of the maritime training and certification system and facilities in order to gather evidence regarding compliance with the standards of the STCW Convention; after that, on the basis of the findings of the inspection and the documents provided by the third country involved, the Commission Services gauge the STCW compliance of the system. The phase of assessment of compliance may entail a series of contacts with the involved third country, which may be willing to introduce adjustments to its legislation or practice to suit the Commission recommendations. The time needed for that depends on the nature and extent of those adjustments and the efforts made by the country in question. At the end of this process the Commission submits a draft decision (recognising the first country or withdrawing its recognition) to the Member States for their opinion, in the framework of a "comitology" procedure. The decision is finally adopted by the Commission and published in the Official Journal. The Commission recognition implies that Member States may recognise the certificates issued by the recognised country and that seafarers from that country will be entitled to work onboard the ships flying the flag of that Member State. Member States, however, are not obliged to recognise certificates from those countries, despite the recognition by the Commission. On the contrary, seafarers from non-recognised countries are not allowed to work on ships with an EU flag.
Revised version (Article 28 Committee procedure):
1. The Commission shall be assisted by the Committee on Safe Seas and the Prevention of Pollution from Ships (COSS) established by Regulation (EC) No 2099/2002 of the European Parliament and of the Council ( 10 ). That committee shall be a committee within the meaning of Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers ( 11 ). 2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply. Where the Committee delivers no opinion, the Commission shall not adopt the draft implementing act and the third subparagraph of Article 5(4) of Regulation (EU) No 182/2011 shall apply.
Article 29 Transitional provisions
Where pursuant to Article 12 a Member State reissues or extends the validity of certificates which it originally issued under the provisions which applied before 1 February 1997, the Member State may, at its discretion, replace tonnage limitations appearing on the original certificates as follows: (a) ‘200 gross registered tonnes’ may be replaced by ‘500 gross tonnage’; (b) ‘1 600 gross registered tonnes’ may be replaced by ‘3 000 gross tonnage’.
Amendment rationale: CONTEXT OF THE PROPOSAL 1.1. Summary The International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (the STCW Convention) was concluded in 1978 among the State Parties to the IMO (International Maritime Organization, the UN agency in charge of the international regulatory framework for shipping). The convention deals with the requirements for training of seafarers (mainly officers) and the relevant certification. The STCW Convention was significantly amended in 1995. The Convention was integrated into Community law by Directive 94/58 on minimum training for seafarers[1]. As a matter of fact, the EU rules on maritime safety are largely aligned with international rules. Directive 94/58 was amended several times and eventually replaced by Directive 2001/25, in turn replaced by Directive 2008/106, currently in force[2]. Over time EU rules were modified, mainly in order to transpose the amendments to the STCW Convention, but also to develop and streamline a system for the recognition of seafarers educated and trained outside the EU. Recognition of seafarers educated and trained outside the EU is in fact crucial in a business like shipping, globalized since forty years. Against this background, in 2007 the IMO launched a comprehensive review of the STCW Convention to which both the Commission and the Member States actively contributed and which was achieved with the adoption of a series of significant amendments, agreed upon by the State-parties at the Manila Conference on 25 June 2010. The Manila amendments to the Convention will enter into force on 1 January 2012. From that date onwards maritime training will have to meet the new requirements. Since the EU Member States are also parties to the Convention, and none of them opposed the Manila amendments, they will have to adapt their legislation to the new text of the Convention. Also EU law should align with international rules, as it has been done so far and in order to avoid any conflict between the international and the EU obligations of the Member States. Alignment with international rules is precisely the objective of the present proposal, which also includes a few features aiming to take the opportunity of this legislative initiative to slightly streamline the STCW Directive. These features regard the introduction of a requirement for the Member States to provide already existing information concerning the certificates to the Commission for statistical purposes and the extension of an impracticable deadline from the procedure of recognition of third countries’ STCW systems. 1.2. The STCW Convention The international character of shipping is well known. It also results in crews being trained in different countries and under different systems operating onboard the same ship. In this respect it is crucial that all such crew members have the capacities needed to perform their duties in a safe manner. Training, in fact, plays an important role in maritime safety. For this reason in 1978, the Parties to the International Maritime Organisation (IMO) aiming to "promote safety of life at sea and the protection of the marine environment by establishing in common agreement international standards of training, certification and watchkeeping for seafarers" adopted the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers ("STCW Convention"), which entered into force in 1984. This Convention prescribes minimum standards which the State Parties are obliged to meet or exceed. As mentioned, the STCW Convention was significantly revised in 1995 and in 2010. As for the structure and content of the Convention, while the introductory articles contain the general principles and the provisions on entry into force and amendment procedures, its Technical Annex – composed of "Regulations" - contain the training, qualification and certification requirements for the different positions on ships (such as "captain", "first mate", etc.). Another annex to the Convention – the "Code" – contains in its Part "A" detailed tables with a precise description of the material skills (e.g., positioning, ship-manoeuvring, cargo-handling) that have to be learned by the candidates for the different positions onboard and tested by the competent bodies. Finally, Part "B" of the Code contains guidance on the implementation of the whole of the STCW rules. Part "B" of the Code is the sole part of the Convention which is not legally binding for the State parties. In this context the 2010 revision of the Convention aimed, on the one hand, to improve its existing provisions (for example, by enhancing the rules on fraud prevention and medical fitness standards) and, on the other hand, to update it with the latest technological developments. The Manila Amendments have also introduced a number of new features, such as training requirements for "able seafarers" and "electro-technical officers", which were not included in the former version of the Convention. 1.3. The STCW Directives Since they were introduced, the EU rules on training and certification of seafarers have had a twofold objective: · setting minimum common standards for training of seafarers working on EU-flagged ships, based on international standards; · ensure that seafarers working on EU-flagged ships and holding certificates issued by non-EU countries are properly trained. These two aspects are intertwined in the various directives that have followed the 1994 directive on minimum training for seafarers, which integrated for the first time the STCW Convention into EU law, the EU rules being afterwards amended as the STCW Convention was. Thus, Directive 94/58 was amended by Directive 98/35/EC transposing the 1995 amendments to the Convention, and subsequently replaced by Directive 2001/25 introducing a procedure for the recognition of seafarers' certificates issued by third countries. Three further amendments followed, introduced by Directive 2002/84 (defining the comitology procedure for the recognition of third country certificates), by Directive 2003/103 (providing for a new procedure for the recognition of third countries), by Directive 2005/23 (introducing requirements for seafarers serving onboard passenger ships) and by Directive 2005/45 (concerning the mutual recognition of certificates issued by Member States). Finally, Directive 2008/106 replaced Directive 2001/25, while introducing new elements concerning the comitology procedure. The main lines of this evolving legislative framework can be summarised as follows, taking into account the three policy objectives as indicated above: · Common standards for training of seafarers working on EU-flagged ships, have been laid down reproducing those set out in the STCW Convention. Such standards, once integrated into EU law and therefore become part of it, are interpreted and implemented according to EU law principles and, if necessary, enforced like any other EU law provision. Under the directive currently in force, if minor changes to the STCW Convention occur, the directive itself may be updated through a comitology procedure; if significant changes are introduced at an international level, a new directive is necessary to update the one in force, like in the present case. · Recognition of third countries. After the creation of the European Maritime Safety Agency (EMSA), the Commission has acquired the support necessary to achieve an accurate knowledge of non-EU countries' systems of training and certification of seafarers. The Commission has therefore been entrusted with the assessment of such systems by Directive 2003/103. In particular, the Commission is in charge of assessing, with the support of EMSA whether third countries comply with the requirements of the STCW Convention. · The recognition of a third country, which has to be requested by a Member State, is carried out in the following way: at first, EMSA carries out an on the ground inspection of the maritime training and certification system and facilities in order to gather evidence regarding compliance with the standards of the STCW Convention; after that, on the basis of the findings of the inspection and the documents provided by the third country involved, the Commission Services gauge the STCW compliance of the system. The phase of assessment of compliance may entail a series of contacts with the involved third country, which may be willing to introduce adjustments to its legislation or practice to suit the Commission recommendations. The time needed for that depends on the nature and extent of those adjustments and the efforts made by the country in question. At the end of this process the Commission submits a draft decision (recognising the first country or withdrawing its recognition) to the Member States for their opinion, in the framework of a "comitology" procedure. The decision is finally adopted by the Commission and published in the Official Journal. The Commission recognition implies that Member States may recognise the certificates issued by the recognised country and that seafarers from that country will be entitled to work onboard the ships flying the flag of that Member State. Member States, however, are not obliged to recognise certificates from those countries, despite the recognition by the Commission. On the contrary, seafarers from non-recognised countries are not allowed to work on ships with an EU flag.
Revised version (Article 30 Transitional provisions):
In respect of those seafarers who commenced approved seagoing service, an approved education and training programme or an approved training course before 1 July 2013, Member States may continue to issue, recognise and endorse, until 1 January 2017, certificates of competency in accordance with the requirements of this Directive as they were before 3 January 2013. Until 1 January 2017, Member States may continue to renew and revalidate certificates of competency and endorsements in accordance with the requirements of this Directive as they were before 3 January 2013.
Article 30 Penalties
Member States shall lay down systems of penalties for breaching the national provisions adopted pursuant to Articles 1, 3, 5, 7, 9 to 15, 17, 18, 19, 22, 23, 24 and 29, and Annexes I and II, and shall take all the measures necessary to ensure that they are implemented. The penalties provided for must be effective, proportionate and dissuasive.
Amendment rationale: CONTEXT OF THE PROPOSAL 1.1. Summary The International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (the STCW Convention) was concluded in 1978 among the State Parties to the IMO (International Maritime Organization, the UN agency in charge of the international regulatory framework for shipping). The convention deals with the requirements for training of seafarers (mainly officers) and the relevant certification. The STCW Convention was significantly amended in 1995. The Convention was integrated into Community law by Directive 94/58 on minimum training for seafarers[1]. As a matter of fact, the EU rules on maritime safety are largely aligned with international rules. Directive 94/58 was amended several times and eventually replaced by Directive 2001/25, in turn replaced by Directive 2008/106, currently in force[2]. Over time EU rules were modified, mainly in order to transpose the amendments to the STCW Convention, but also to develop and streamline a system for the recognition of seafarers educated and trained outside the EU. Recognition of seafarers educated and trained outside the EU is in fact crucial in a business like shipping, globalized since forty years. Against this background, in 2007 the IMO launched a comprehensive review of the STCW Convention to which both the Commission and the Member States actively contributed and which was achieved with the adoption of a series of significant amendments, agreed upon by the State-parties at the Manila Conference on 25 June 2010. The Manila amendments to the Convention will enter into force on 1 January 2012. From that date onwards maritime training will have to meet the new requirements. Since the EU Member States are also parties to the Convention, and none of them opposed the Manila amendments, they will have to adapt their legislation to the new text of the Convention. Also EU law should align with international rules, as it has been done so far and in order to avoid any conflict between the international and the EU obligations of the Member States. Alignment with international rules is precisely the objective of the present proposal, which also includes a few features aiming to take the opportunity of this legislative initiative to slightly streamline the STCW Directive. These features regard the introduction of a requirement for the Member States to provide already existing information concerning the certificates to the Commission for statistical purposes and the extension of an impracticable deadline from the procedure of recognition of third countries’ STCW systems. 1.2. The STCW Convention The international character of shipping is well known. It also results in crews being trained in different countries and under different systems operating onboard the same ship. In this respect it is crucial that all such crew members have the capacities needed to perform their duties in a safe manner. Training, in fact, plays an important role in maritime safety. For this reason in 1978, the Parties to the International Maritime Organisation (IMO) aiming to "promote safety of life at sea and the protection of the marine environment by establishing in common agreement international standards of training, certification and watchkeeping for seafarers" adopted the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers ("STCW Convention"), which entered into force in 1984. This Convention prescribes minimum standards which the State Parties are obliged to meet or exceed. As mentioned, the STCW Convention was significantly revised in 1995 and in 2010. As for the structure and content of the Convention, while the introductory articles contain the general principles and the provisions on entry into force and amendment procedures, its Technical Annex – composed of "Regulations" - contain the training, qualification and certification requirements for the different positions on ships (such as "captain", "first mate", etc.). Another annex to the Convention – the "Code" – contains in its Part "A" detailed tables with a precise description of the material skills (e.g., positioning, ship-manoeuvring, cargo-handling) that have to be learned by the candidates for the different positions onboard and tested by the competent bodies. Finally, Part "B" of the Code contains guidance on the implementation of the whole of the STCW rules. Part "B" of the Code is the sole part of the Convention which is not legally binding for the State parties. In this context the 2010 revision of the Convention aimed, on the one hand, to improve its existing provisions (for example, by enhancing the rules on fraud prevention and medical fitness standards) and, on the other hand, to update it with the latest technological developments. The Manila Amendments have also introduced a number of new features, such as training requirements for "able seafarers" and "electro-technical officers", which were not included in the former version of the Convention. 1.3. The STCW Directives Since they were introduced, the EU rules on training and certification of seafarers have had a twofold objective: · setting minimum common standards for training of seafarers working on EU-flagged ships, based on international standards; · ensure that seafarers working on EU-flagged ships and holding certificates issued by non-EU countries are properly trained. These two aspects are intertwined in the various directives that have followed the 1994 directive on minimum training for seafarers, which integrated for the first time the STCW Convention into EU law, the EU rules being afterwards amended as the STCW Convention was. Thus, Directive 94/58 was amended by Directive 98/35/EC transposing the 1995 amendments to the Convention, and subsequently replaced by Directive 2001/25 introducing a procedure for the recognition of seafarers' certificates issued by third countries. Three further amendments followed, introduced by Directive 2002/84 (defining the comitology procedure for the recognition of third country certificates), by Directive 2003/103 (providing for a new procedure for the recognition of third countries), by Directive 2005/23 (introducing requirements for seafarers serving onboard passenger ships) and by Directive 2005/45 (concerning the mutual recognition of certificates issued by Member States). Finally, Directive 2008/106 replaced Directive 2001/25, while introducing new elements concerning the comitology procedure. The main lines of this evolving legislative framework can be summarised as follows, taking into account the three policy objectives as indicated above: · Common standards for training of seafarers working on EU-flagged ships, have been laid down reproducing those set out in the STCW Convention. Such standards, once integrated into EU law and therefore become part of it, are interpreted and implemented according to EU law principles and, if necessary, enforced like any other EU law provision. Under the directive currently in force, if minor changes to the STCW Convention occur, the directive itself may be updated through a comitology procedure; if significant changes are introduced at an international level, a new directive is necessary to update the one in force, like in the present case. · Recognition of third countries. After the creation of the European Maritime Safety Agency (EMSA), the Commission has acquired the support necessary to achieve an accurate knowledge of non-EU countries' systems of training and certification of seafarers. The Commission has therefore been entrusted with the assessment of such systems by Directive 2003/103. In particular, the Commission is in charge of assessing, with the support of EMSA whether third countries comply with the requirements of the STCW Convention. · The recognition of a third country, which has to be requested by a Member State, is carried out in the following way: at first, EMSA carries out an on the ground inspection of the maritime training and certification system and facilities in order to gather evidence regarding compliance with the standards of the STCW Convention; after that, on the basis of the findings of the inspection and the documents provided by the third country involved, the Commission Services gauge the STCW compliance of the system. The phase of assessment of compliance may entail a series of contacts with the involved third country, which may be willing to introduce adjustments to its legislation or practice to suit the Commission recommendations. The time needed for that depends on the nature and extent of those adjustments and the efforts made by the country in question. At the end of this process the Commission submits a draft decision (recognising the first country or withdrawing its recognition) to the Member States for their opinion, in the framework of a "comitology" procedure. The decision is finally adopted by the Commission and published in the Official Journal. The Commission recognition implies that Member States may recognise the certificates issued by the recognised country and that seafarers from that country will be entitled to work onboard the ships flying the flag of that Member State. Member States, however, are not obliged to recognise certificates from those countries, despite the recognition by the Commission. On the contrary, seafarers from non-recognised countries are not allowed to work on ships with an EU flag.
Revised version (Article 29 Penalties):
Member States shall lay down systems of penalties for breaching the national provisions adopted pursuant to Articles 3, 5, 7, 9 to 15, 17, 18, 19, 22, 23, 24 and Annex I, and shall take all the measures necessary to ensure that they are implemented. The penalties provided for must be effective, proportionate and dissuasive.
Article 31 Communication
Member States shall immediately communicate to the Commission the texts of all the provisions which they adopt in the field governed by this Directive. The Commission shall inform the other Member States thereof.
Article 32 Repeal
Directive 2001/25/EC, as amended by the Directives listed in Annex III, Part A, is repealed, without prejudice to the obligations of the Member States relating to the time limits for transposition into national law of the Directives set out in Annex III, Part B. References to the repealed Directive shall be construed as references to this Directive and shall be read in accordance with the correlation table in Annex IV.
Article 33 Entry into force
This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Union .
Amendment rationale: CONTEXT OF THE PROPOSAL 1.1. Summary The International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (the STCW Convention) was concluded in 1978 among the State Parties to the IMO (International Maritime Organization, the UN agency in charge of the international regulatory framework for shipping). The convention deals with the requirements for training of seafarers (mainly officers) and the relevant certification. The STCW Convention was significantly amended in 1995. The Convention was integrated into Community law by Directive 94/58 on minimum training for seafarers[1]. As a matter of fact, the EU rules on maritime safety are largely aligned with international rules. Directive 94/58 was amended several times and eventually replaced by Directive 2001/25, in turn replaced by Directive 2008/106, currently in force[2]. Over time EU rules were modified, mainly in order to transpose the amendments to the STCW Convention, but also to develop and streamline a system for the recognition of seafarers educated and trained outside the EU. Recognition of seafarers educated and trained outside the EU is in fact crucial in a business like shipping, globalized since forty years. Against this background, in 2007 the IMO launched a comprehensive review of the STCW Convention to which both the Commission and the Member States actively contributed and which was achieved with the adoption of a series of significant amendments, agreed upon by the State-parties at the Manila Conference on 25 June 2010. The Manila amendments to the Convention will enter into force on 1 January 2012. From that date onwards maritime training will have to meet the new requirements. Since the EU Member States are also parties to the Convention, and none of them opposed the Manila amendments, they will have to adapt their legislation to the new text of the Convention. Also EU law should align with international rules, as it has been done so far and in order to avoid any conflict between the international and the EU obligations of the Member States. Alignment with international rules is precisely the objective of the present proposal, which also includes a few features aiming to take the opportunity of this legislative initiative to slightly streamline the STCW Directive. These features regard the introduction of a requirement for the Member States to provide already existing information concerning the certificates to the Commission for statistical purposes and the extension of an impracticable deadline from the procedure of recognition of third countries’ STCW systems. 1.2. The STCW Convention The international character of shipping is well known. It also results in crews being trained in different countries and under different systems operating onboard the same ship. In this respect it is crucial that all such crew members have the capacities needed to perform their duties in a safe manner. Training, in fact, plays an important role in maritime safety. For this reason in 1978, the Parties to the International Maritime Organisation (IMO) aiming to "promote safety of life at sea and the protection of the marine environment by establishing in common agreement international standards of training, certification and watchkeeping for seafarers" adopted the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers ("STCW Convention"), which entered into force in 1984. This Convention prescribes minimum standards which the State Parties are obliged to meet or exceed. As mentioned, the STCW Convention was significantly revised in 1995 and in 2010. As for the structure and content of the Convention, while the introductory articles contain the general principles and the provisions on entry into force and amendment procedures, its Technical Annex – composed of "Regulations" - contain the training, qualification and certification requirements for the different positions on ships (such as "captain", "first mate", etc.). Another annex to the Convention – the "Code" – contains in its Part "A" detailed tables with a precise description of the material skills (e.g., positioning, ship-manoeuvring, cargo-handling) that have to be learned by the candidates for the different positions onboard and tested by the competent bodies. Finally, Part "B" of the Code contains guidance on the implementation of the whole of the STCW rules. Part "B" of the Code is the sole part of the Convention which is not legally binding for the State parties. In this context the 2010 revision of the Convention aimed, on the one hand, to improve its existing provisions (for example, by enhancing the rules on fraud prevention and medical fitness standards) and, on the other hand, to update it with the latest technological developments. The Manila Amendments have also introduced a number of new features, such as training requirements for "able seafarers" and "electro-technical officers", which were not included in the former version of the Convention. 1.3. The STCW Directives Since they were introduced, the EU rules on training and certification of seafarers have had a twofold objective: · setting minimum common standards for training of seafarers working on EU-flagged ships, based on international standards; · ensure that seafarers working on EU-flagged ships and holding certificates issued by non-EU countries are properly trained. These two aspects are intertwined in the various directives that have followed the 1994 directive on minimum training for seafarers, which integrated for the first time the STCW Convention into EU law, the EU rules being afterwards amended as the STCW Convention was. Thus, Directive 94/58 was amended by Directive 98/35/EC transposing the 1995 amendments to the Convention, and subsequently replaced by Directive 2001/25 introducing a procedure for the recognition of seafarers' certificates issued by third countries. Three further amendments followed, introduced by Directive 2002/84 (defining the comitology procedure for the recognition of third country certificates), by Directive 2003/103 (providing for a new procedure for the recognition of third countries), by Directive 2005/23 (introducing requirements for seafarers serving onboard passenger ships) and by Directive 2005/45 (concerning the mutual recognition of certificates issued by Member States). Finally, Directive 2008/106 replaced Directive 2001/25, while introducing new elements concerning the comitology procedure. The main lines of this evolving legislative framework can be summarised as follows, taking into account the three policy objectives as indicated above: · Common standards for training of seafarers working on EU-flagged ships, have been laid down reproducing those set out in the STCW Convention. Such standards, once integrated into EU law and therefore become part of it, are interpreted and implemented according to EU law principles and, if necessary, enforced like any other EU law provision. Under the directive currently in force, if minor changes to the STCW Convention occur, the directive itself may be updated through a comitology procedure; if significant changes are introduced at an international level, a new directive is necessary to update the one in force, like in the present case. · Recognition of third countries. After the creation of the European Maritime Safety Agency (EMSA), the Commission has acquired the support necessary to achieve an accurate knowledge of non-EU countries' systems of training and certification of seafarers. The Commission has therefore been entrusted with the assessment of such systems by Directive 2003/103. In particular, the Commission is in charge of assessing, with the support of EMSA whether third countries comply with the requirements of the STCW Convention. · The recognition of a third country, which has to be requested by a Member State, is carried out in the following way: at first, EMSA carries out an on the ground inspection of the maritime training and certification system and facilities in order to gather evidence regarding compliance with the standards of the STCW Convention; after that, on the basis of the findings of the inspection and the documents provided by the third country involved, the Commission Services gauge the STCW compliance of the system. The phase of assessment of compliance may entail a series of contacts with the involved third country, which may be willing to introduce adjustments to its legislation or practice to suit the Commission recommendations. The time needed for that depends on the nature and extent of those adjustments and the efforts made by the country in question. At the end of this process the Commission submits a draft decision (recognising the first country or withdrawing its recognition) to the Member States for their opinion, in the framework of a "comitology" procedure. The decision is finally adopted by the Commission and published in the Official Journal. The Commission recognition implies that Member States may recognise the certificates issued by the recognised country and that seafarers from that country will be entitled to work onboard the ships flying the flag of that Member State. Member States, however, are not obliged to recognise certificates from those countries, despite the recognition by the Commission. On the contrary, seafarers from non-recognised countries are not allowed to work on ships with an EU flag.
Article 34 Addressees
This Directive is addressed to the Member States.