Directive 2008/106 - Minimum level of training of seafarers (recast) - Main contents
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Directive 2008/106/EC of the European Parliament and of the Council of 19 November 2008 on the minimum level of training of seafarers (recast)| Legal instrument | Directive |
|---|---|
| Number legal act | Directive 2008/106 |
| Original proposal | COM(2007)610  |
| CELEX number i | 32008L0106 |
| Document | 19-11-2008 |
|---|---|
| Publication in Official Journal | 03-12-2008; Special edition in Croatian: Chapter 05 Volume 002,OJ L 323, 3.12.2008 |
| Effect | 23-12-2008; Entry into force Date pub. + 20 See Art 33 |
| Deadline | 02-08-2024; See Art 26 |
| End of validity | 16-07-2022; Repealed by 32022L0993 |
3.12.2008 |
EN |
Official Journal of the European Union |
L 323/33 |
DIRECTIVE 2008/106/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 19 November 2008
on the minimum level of training of seafarers (recast)
(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) |
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) has been significantly amended on several occasions (4). Now that new amendments are being made to that Directive, it is desirable, for reasons of clarity, that the provisions in question should be recast. |
(2) |
Actions to be taken at Community level in the field of maritime safety and pollution prevention at sea should be in line with internationally agreed rules and standards. |
(3) |
In order to maintain and develop the level of knowledge and skills in the maritime sector in the Community, it is important to pay appropriate attention to maritime training and the status of seafarers in the Community. |
(4) |
A consistent level of training for the award of vocational competency certificates to seafarers should be ensured in the interests of maritime safety. |
(5) |
Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications (5) applies to maritime occupations covered by this Directive. It will help promote compliance with the obligations laid down in the Treaty abolishing obstacles to the free movement of persons and services between Member States. |
(6) |
The mutual recognition of diplomas and certificates provided for under Directive 2005/36/EC does not always ensure a standardised level of training for all seafarers serving on board vessels flying the flag of a Member State. This is, however, vital from the viewpoint of maritime safety. |
(7) |
It is therefore essential to define a minimum level of training for seafarers in the Community. That level should be based on the standards of training already agreed at international level, namely the International Maritime Organisation (IMO) Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978 (STCW Convention), as revised in 1995. All Member States are Parties to that Convention. |
(8) |
Member States may establish standards higher than the minimum standards laid down in the STCW Convention and this Directive. |
(9) |
The Regulations of the STCW Convention annexed to this Directive should be supplemented by the mandatory provisions contained in Part A of the Seafarers’ Training, Certification and Watchkeeping Code (STCW Code). Part B of the STCW Code contains recommended guidance intended to assist Parties to the STCW Convention and those involved in implementing, applying or enforcing its measures to give the Convention full and complete effect in a uniform manner. |
(10) |
For the enhancement of maritime safety and pollution prevention at sea, provisions on minimum rest periods for watchkeeping personnel should be established in this Directive in accordance with the STCW Convention. Those provisions should be applied without prejudice to the provisions of Council Directive 1999/63/EC of 21 June 1999 concerning the Agreement on the organisation of working time of seafarers concluded by the European Community... |
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