Explanatory Memorandum to COM(2004)311 - Recognition of seafarers' certificates issued by the Member States - Main contents
Please note
This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2004)311 - Recognition of seafarers' certificates issued by the Member States. |
|---|---|
| source | COM(2004)311  |
| date | 26-04-2004 |
Training, certification and watchkeeping requirements for seafarers are prescribed by the Convention of the International Maritime Organisation on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, as amended (STCW Convention). The Convention lays down, inter alia, specific criteria for the recognition of certificates of seafarers issued by the Parties to a master, officer or radio operator.
These international requirements were transposed into Community legislation by way of Directive 2001/25/CE of the European Parliament and of the Council of 4 April 2001 i, as last amended by Directive 2003/103/EC i on the minimum level of training of seafarers (the Directive). Thus, Member States are required to issue certificates of competency to seafarers in line with these standards.
As regards recognition of certificates between Member States, the Directive provides that recognition of certificates of seafarers who are nationals or non-nationals of Member States are subject to the provisions of Directives 89/48/EEC i and 92/51/EEC i on the general systems for the recognition of professional education and training. The general system establishes a procedure for the recognition of evidence of professional qualifications of seafarers that involves the comparison of education and training received, as well as the corresponding qualifications. In case of substantial differences therein, the seafarers concerned may be subject to specific compensation measures.
The paradox is that the above procedure is more demanding for the seafarer than the one prescribed by the STCW Convention or even the procedure recently introduced for the recognition of certificates issued outside the Union i. Hence in this respect, seafarers qualified in a Member State may be disadvantaged vis-à-vis seafarers holding certificates issued outside the European Union.
[...] applies a procedure for a Community-wide recognition of certificates issued outside the European Union, see also footnote 2.
For this reason, it is necessary to provide for a simplified procedure for the recognition of certificates that are issued by the Member States according to the same minimum requirements. The Commission proposes, therefore, the automatic acceptance by the Member States of all certificates issued by another Member State to seafarers in accordance with the Directive. The main objective of the proposed measure is to ensure that all seafarers who are qualified in a Member State and hold such certificates be permitted to serve on board ships flying the flag of any Member State without any further prerequisites.
In addition, the Commission believes that it is appropriate to introduce into Community law the requirements of the STCW Convention as regards language skills for seafarers. Such requirements would enable effective communication on board ships, whilst would facilitate free movement of professionals.
Furthermore, the Commission is conscious of the fact that implementation of the existing training, certification and watchkeeping requirements for seafarers laid down by the Directive is a continuous exercise that requires specific means to ensure at all times that Member States give full compliance to the agreed requirements.
The European Parliament and the Council insisted also explicitly on the need to ensure that Member States apply rigorously the relevant training and certification requirements in the maritime sector.
In recent years, there has also been an apparent increase in fraudulent practices associated with certification processes and certificates of seafarers, which undermines the effectiveness of the existing training, certification and watchkeeping requirements. The certification of seafarers who do not meet the minimum professional standards, poses a serious danger to the safety of life at sea and the protection of the marine environment.
The Commission, therefore, puts forward specific provisions aimed at ensuring further full compliance with the existing training and certification requirements. The proposal provides for:
- the obligation for Member States to adopt measures to prevent and penalise fraudulent practices associated with certificates of seafarers, and
- the regular assessment of compliance of Member States with the requirements of Directive 2001/25/EC, as amended.
Hence, the current proposal of the Commission aims to facilitate the recognition of certificates of seafarers issued by the Member States and ensure thorough compliance with the existing training, certification and watchkeeping requirements within the European Union.
Contents
There are two main reasons for submitting this proposal: first, the need to facilitate the recognition by all Member States of certificates of seafarers issued within the Union in accordance with the minimum requirements of Directive 2001/25/EC, as amended; and second, the need to ensure further thorough and continuous compliance with the existing requirements.
In addition, in its conclusions of 5 June 2003, the Council emphasised the need to foster the mobility of seafarers within the Union i, while both the European Parliament and the Council called for the need to confirm thorough respect by the Member States of the STCW requirements.
Training, certification and watchkeeping of seafarers are governed internationally by the STCW Convention. The Convention comprises specific provisions for the recognition of certificates issued by or under the authority of another Party to masters, officers or radio operators.
Although the requirements of the STCW Convention have been enforced further within the Community by means of the Directive 2001/25/EC, this Directive subjects the recognition of certificates hold by nationals or non-nationals of the Member States to the provisions of Directives 89/48/EEC and 92/51/EEC on the general system for the recognition of professional education and training. It thus precludes the mutual recognition of certificates between the Member States from the application of the relevant provisions of the Convention.
According to the general system, the Member State in which a person wishes to exercise a profession (host Member State) is required to take account of qualifications acquired in another Member State and to determine whether those qualifications correspond to the ones which the Member State concerned requires. Where the person's qualifications do not correspond to those laid down by national provisions, the host Member State may require the beneficiary, in addition to the certification of education and training, to provide evidence of professional experience, complete an adaptation period of supervised training or undergo aptitude tests.
As regards the seafaring sector, such system entails obstacles for the prompt recognition of certificates and thus ultimately prevents the seafarers from pursuing swiftly their profession in another Member State. It is thus more unfavourable for seafarers in Europe than third countries' seafarers, who are subject to the equivalent procedure of the STCW Convention or the recently introduced Community procedure for the recognition of certificates issued by third countries.
In addition, maritime transport is one of the few transport sectors where the Community laid down at an early stage the necessary minimum level of qualifications for professionals i. Although harmonised requirements have existed in the sector since 1994, recognition of certificates, which in fact attest the same minimum standards of competence, is not unconditional.
Furthermore, since the 80s there has been a growing decline in the numbers of Community seafarers, especially officers, which is expected to continue until the end of the decade. This tendency might severely affect the shipping industry as a whole, bearing in mind that maritime know how is essential for preserving a prosperous shipping industry of quality. Free movement of seafarers might contribute to prevent this trend.
For these reasons, the Commission proposes specific rules to allow for an unhindered recognition of certificates of seafarers issued by the Member States. The proposed measure is intended to abolish any obstacle to the free movement of seafarers qualified in the Member States, which in the long run will boost their mobility and promote their employment within the Union.
Such a measure is even more appropriate and important considering that, in its rulings on cases C-47/02 and C-405/01, the Court of Justice facilitates the access to the posts of masters and chief mates for non-nationals of a Member State. The Court affirmed in these cases that Member States may reserve for their nationals the posts of master and chief mate of merchant ships flying their flag, only if the rights under powers conferred by public law on masters and chief mates of such ships are actually exercised on a regular basis and do not represent a very minor part of their activities.
Article 17 of Directive 2001/25/EC, as amended, requires that on board all ships are means for the effective oral communication relating to safety between all members of a ship's crew and that on board passenger ships, tankers, chemical tankers and liquefied gas tankers there is a common working language, which all seafarers understand and are able to communicate in. As regards, in particular, passenger ships, this Article provides that personnel in charge of assisting passengers in emergency situations should have specific communication skills, taking due account of certain factors. The use of elementary English vocabulary is one of the optional factors prescribed by the latter provision.
The above provision does not define language skills of seafarers serving on board ships flying the flag of a Member State, while it limits the requirement for the establishment of a working language to certain types of ships.
The Commission believes that communication between the members of the crew and language skills are instrumental for maintaining safety at sea and improve social conditions on board. These prerequisites are even more essential given the international character of the maritime industry and the increasing multinational crews. It thus proposes to enforce within the Member States the relevant requirements of the STCW Convention as regards language skills of seafarers. These provisions would on top facilitate the effective exercise of the seafaring profession in another Member State than the one where a seafarer obtained its certificate.
In recent times, there has been a high prevalence of fraudulent practices associated with certificates of seafarers. A recent study commissioned by the International Maritime Organisation i confirmed the trend and indicated that fraudulent practices are related either to the certification process, or individual certificates. It revealed that in the overwhelming majority of cases identified, holders of fraudulent certificates do not meet the minimum professional standards of competency required under the STCW Convention. The survey stated that fraudulent practices can be attributed to administrative inability or unwillingness to effectively apply existing regulation.
The Commission is conscious that the proliferation of fraudulent certificates can be detrimental to safety at sea and the protection of the marine environment and severely undermines the effectiveness of the existing training and certification requirements. It believes, above all, that thorough implementation of the existing training, certification and watchkeeping requirements is a key element to stopping fraudulent practices.
Combating fraud requires both preventive and corrective action. The Commission considers that allocation of dedicated staff for detecting fraud and taking preventive repressive measures is essential both for ensuring the effective implementation of national measures and allowing close cooperation and exchange of information between Member States national authorities.
In light of the above, the Commission proposes that Member States take and enforce measures to prevent and penalise fraud involving the certification process or the certificates themselves. It also provides for an extensive exchange of information between competent national authorities.
Finally, the Commission considers that implementation of the existing provisions and requirements concerning the seafaring professions is a continuous painstaking exercise. Bearing in mind that several actors are often involved in the certification process, it is essential to provide for a regular monitoring of compliance at national level. Such a method would also facilitate the recognition of certificates between the Member States.
Along these lines, the Commission puts forward provisions for the regular evaluation by the Commission, with the assistance of the Maritime Safety Agency (the Agency), of maritime training and certification systems and procedures of the Member States.
Article 1
This Article defines that the Directive applies to seafarers holding a certificate issued to nationals or non-nationals of Member States.
This Article provides the definitions of the main terms used in the Directive. Most of them are based on those used in Directive 2001/25/EC, as amended, and the STCW Convention.
This Article spells out the main objective of the Directive, that is to say the recognition by Member States of all the certificates, endorsements and any other documentary evidence of training issued by any Member State in compliance with the provisions of Directive 2001/25/EC, as amended.
It confirms further the obligation for the recognition of the above certification by stating that seafarers covered by the Directive must be allowed to serve on board ships flying the flag of a Member State on the basis the certification issued by another Member State.
This provision confirms the obligation of the Member State, in which a seafarer acquired its certificate, to make sure that the seafarer in question has the adequate language skills as stipulated in the relevant provisions of the STCW Convention, which are necessary to perform the duties that are assigned to him/her. The Commission proposes to insert a reference to the relevant requirements of the STCW Convention i.
This Article calls upon Member States to provide for specific measures intended to prevent fraudulent practices regarding the certification process and certificates of seafarers, ensure their effective application and institute penalties for infringing the relevant national provisions.
It also introduces channels for communication between competent authorities regarding fraudulent practices. Thus it requires first of all that Member States designate the competent authorities dealing with anti-fraud measures and communicate their details to the Commission and the other Member States. Besides, in case a Member State has doubts about a certificate issued by another Member State, it may require the competent authority of that State to provide a written confirmation about the authenticity of a certificate.
This Article establishes the obligation of the Commission to control on a regular basis the compliance of the Member States with the requirements laid down in Article 5, paragraph 1 of the Directive. The Commission shall be assisted in this task by the Agency.
This Article amends the provisions of Directive 2001/25/EC in two respects:
First, it deletes Article 18 i and i of Directive 2001/25/EC, which subject the recognition of certificates of seafarers to the provisions of Council Directives 89/48/EEC and 92/51/EEC on the general system for the recognition of professional education and training. Those Directives not providing for the automatic recognition of formal qualifications of seafarers, they entail obstacles for the prompt recognition of certificates.
Also, this Article introduces a new Article 22a to Directive 2001/25/EC that confirms the obligation of the Commission to control at regular intervals the application of the training and certification requirements laid down by the latter Directive. The Commission shall be assisted in this task by the Agency.
This Article sets the deadline for the adoption and publication of the national implementation measures.
This Article states the date of the entry into force of the Directive.