Directive 2005/45 - Mutual recognition of seafarers' certificates issued by the Member States - Main contents
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official title
Directive 2005/45/EC of the European Parliament and of the Council of 7 September 2005 on the mutual recognition of seafarers' certificates issued by the Member States and amending Directive 2001/25/EC| Legal instrument | Directive |
|---|---|
| Number legal act | Directive 2005/45 |
| Original proposal | COM(2004)311  |
| CELEX number i | 32005L0045 |
| Document | 07-09-2005 |
|---|---|
| Publication in Official Journal | 30-09-2005; Special edition in Bulgarian: Chapter 05 Volume 008,Special edition in Croatian: Chapter 05 Volume 003,Special edition in Romanian: Chapter 05 Volume 008,OJ L 255, 30.9.2005 |
| Effect | 20-10-2005; Entry into force Date pub. + 20 See Art 6 |
| End of validity | 31-07-2019; Repealed by 32019L1159 |
| Transposition | 20-10-2007; At the latest See Art 5 |
30.9.2005 |
EN |
Official Journal of the European Union |
L 255/160 |
DIRECTIVE 2005/45/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 7 September 2005
on the mutual recognition of seafarers' certificates issued by the Member States and amending Directive 2001/25/EC
(Text with EEA relevance)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 80(2) thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Economic and Social Committee (1),
After consulting the Committee of the Regions,
Acting in accordance with the procedure laid down in Article 251 of the Treaty (2),
Whereas:
(1) |
In its conclusions of 5 June 2003 on improving the image of Community shipping and attracting young people to the seafaring profession, the Council highlighted the necessity of fostering the professional mobility of seafarers within the European Union, with particular emphasis on recognition procedures for seafarers' certificates of competency, while ensuring thorough compliance with the requirements of the International Maritime Organisation (IMO) Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978 (the STCW Convention) in its up to date version. |
(2) |
Maritime transport is an intensively and rapidly developing sector of a particularly international character. Accordingly, in view of the increasing shortage of Community seafarers, the balance between supply and demand in personnel can be maintained more efficiently at the Community, rather than the national level. It is therefore essential that the common transport policy in the field of maritime transport be extended to facilitate the movement of seafarers within the Community. |
(3) |
As regards seafarers' qualifications, the Community has laid down minimum maritime education, training and certification requirements by way of Directive 2001/25/EC of the European Parliament and of the Council of 4 April 2001 on the minimum level of training of seafarers (3). That Directive incorporates into Community law the international training, certification and watchkeeping standards laid down by the STCW Convention. |
(4) |
Directive 2001/25/EC provides that seafarers must hold a certificate of competency issued and endorsed by the competent authority of a Member State in accordance with that Directive and entitling the lawful holder thereof to serve on a ship in the capacity and perform the functions involved at the level of responsibility specified therein. |
(5) |
Under Directive 2001/25/EC, mutual recognition among Member States of certificates held by seafarers, whether or not nationals of a Member State, is subject to Directives 89/48/EEC (4) and 92/51/EEC (5) setting up, respectively, a first and a second general system for the recognition of professional education and training. Those Directives do not provide for the automatic recognition of formal qualifications of seafarers, as seafarers may be subject to compensation measures. |
(6) |
Each Member State should recognise any certificate and other evidence of formal qualifications issued by another Member State in accordance with Directive 2001/25/EC. Therefore, each Member State should permit a seafarer having acquired his/her certificate of competency in another Member State, satisfying the requirements of that Directive, to take up or to pursue the maritime profession for which he/she is qualified, without any prerequisites other than those imposed on its own nationals. |
(7) |
Since this Directive is aimed at facilitating the mutual recognition of certificates, it does not regulate the conditions concerning access to employment. |
(8) |
The STCW... |
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