Amended proposal for a Council Directive amending Directive 94/58/EC on the minimum level of training of seafarers
COMMISSION OF THE EUROPEAN COMMUNITIES Brussels, 15. 09. 1997 COM(97) 375 final 96/0240 (SYN) Amended Proposal for a C O U N C IL D I R E C T I VE amending Directive 94/58/EC on the minimum level of training of seafarers (presented by the Commission pursuant to Article 189 a (2) of the EC-Treaty) EXPLANATORY MEMORANDUM 1. During its 28-29 May 1997 Plenary Session, the European Parliament approved, subject to a number of amendments, the Commission's proposal for a Council Directive amending Directive 94/58/EC on the minimum level of training of seafarers. 2. The Commission can accept without reservation the following amendments: - amendments 10, 14, 21 and 32 since they help to ensure that the STCW 95 Convention is reflected in the Directive without ambiguity, - amendments 23, 24 and 25 in order to take into account the recent revision of IMO SOLAS Convention concerning the introduction of a common working language on board passenger ships, - amendments 3, 4, 8, 9, 12, 13, 17, 26, 27, 31, 34, 35 and the first part of amendment 7 which improve and strengthen certain specific provisions of the Directive. 3. The Commission can not accept the following amendments: - amendments 1 and 2 since it is not necessary to replace the existing Directive 94/58 by a totally new Directive. The amending Directive can achieve the objective of having a consolidated text by proceeding to a codification after the adoption of the present draft Directive by the Council. - amendments 5 and 6 are not consistent with the purpose of the Directive which is the establishment of minimum training standards and not a harmonized system. - amendment 7, second part where the priority should be given to the improvement of the quality and performance of the existing national maritime institutes and in this context the creation of a symbolic EU school is not necessary or relevant to the major objective, - amendments 28 and 29 because they repeat provisions which are already contained in other articles of the proposed Directive, - amendments 15, 16, 19, 20 and 30 since they change the wording of STCW provisions or refer both to articles of the Directive and to the relevant STCW provisions which are transposed in the Directive. In some respects that would mean duplication and it would generate uncertainty, - amendment 11 since the wording proposed is not consistent with the relevant text of regulation 1/3 of the STCW on the same topic, - amendments 18, 22 and 33 because their content is outside the scope of the revised STCW on which the present proposal is based. In compliance with Article 189 A, paragraph 2, of the Treaty, 4. Commission hereby modifies its proposal accordingly. the Amended Proposal for a COUNCIL DIRECTIVE amending Directive 94/58/EC on the minimum level of training of seafarers Original text Amended text (Amendment 3) Recital 3a (new) Whereas, in the interests of safety at sea. Member States should recognize qualifications proving the required level of training only where these are issued by or on behalf of Parties to the STCW Convention which have IMP been Committee on Maritime Safety at Sea as having shown to have given, and still to be giving, full effect to the standards set out in that Convention; identified the by (Amendement 4) Recital 5b (new) in Whereas Member States may, compliance with Article 2 of this Directive, establish higher minimum standards than those imposed therein: (Amendment 7) Recital 5e (new) Whereas there should be, at EU level, a policy for attracting young people to the maritime profession: (Amendment 8) Recital 6 Deleted in order to prepare Whereas the proposal required under Article 9(3^ of Council Directive 94/58/EC. it was appropriate to wait for the approval by the IMP Conference of 26 June - 7 the revised STCW July 1995 of Convention alia* inter WJÙCJL introduces provisions dealing with the recognition at of international level; certificates (Amendment 9) ARTICLE 1(2) (new) Article 4(m) (Directive 94/58/EC) (m) ships flying the flag of a Member State" means a ship registered in and flying the flag of a Member its State legislation. not corresponding to this definition are assimilated to ships flying the flag of a third country; in accordance with Ships (Amendment 10) ARTICLE l(2a) (new) Article 4a (new) 2a. New Article 4a 4a STCW Code 1. The provisions of Part A of the STCW Code, as in force at the time of adoption of this Directive, shall, in order to give effect to the provisions of this Directive, enter into force for all Member States on the same date and in the same manner as this Directive. 2. The guidance contained in Part B of the STCW Code shall be taken into account by all Member States as of the date of entry this into Directive. force of (Amendment 12) ARTICLE 1(3) Article 5a (new), paragraph 4 4. Member States before deciding on the definition of near-coastal voyages and the conditions of education and training required thereof in accordance with the requirements of this Article shall communicate to the Commission the details of the provisions intended to be adopted. Such conditions may only be adopted by Member States if they are approved in accordance with the procedure laid down in Article 13. 4. Member States, upon deciding on the definition of near-coastal voyages and the conditions of education and training in accordance with the requirements of this Article, shall communicate to the the Commission provisions to be adopted the details required thereof of (Amendment 13) ARTICLE 1(3) Article 5b (new), paragraph 4 is there located Penalties or disciplinary measures 4. Member States within whose jurisdiction any company which, or any person who, is believed on clear grounds to have been responsible for or to have knowledge of, any apparent non- compliance with the Directive specified in paragraph 3, to any shall extend subject Member to country which reciprocity, advises them of its intention to initiate proceedings under its jurisdiction. cooperation or, State third is there located responsible Penalties or disciplinary measures 4. Member States within whose jurisdiction any company which, or any person who, is believed on clear grounds to have been to have knowledge of, any apparent non the Directive compliance with specified in paragraph 3, shall extend cooperation to any Member State or third country which advises them of its intention to initiate proceedings under its jurisdiction. for or (Amendment 14) ARTICLE 1(3) Article 5c (new), paragraph 4 4. In applying the provisions of this Article, Member States shall take into account the provisions of section B-I/8 of the STCW Code. 4. In applying the provisions of this Article, Member States shall take into account the recommendations provided in section B-I/8 of the STCW Code. (Amendment 17) ARTICLE 1(3) Article 5d (new), paragraph 4(2) of third 4. Member States undertake to: 2) make available information on the certificates, status such endorsements and dispensations to other Member States or. subject to reciprocity. and companies which request verification of the authenticity and validity of them by certificates produced seafarers seeking recognition of their certificates under the provisions of Article 9 or employment on board ship. countries to of companies 4. Member States undertake to: 2) make available information on the certificates, status such endorsements and dispensations to other Member States or third countries and request the authenticity and verification of validity of certificates produced to them by seafarers seeking recognition of the certificates provisions of Article 9 or employment on board ship. which under their (Amendment 21) ARTICLE 1(3) Article 5i (new) paragraph 7 7. In applying the provisions of this Article Member States shall take into account the provisions referred to in section B-VIII/1 of the STCW Code. 7. In applying the provisions of this Article Member States shall take into account the recommendations referred to in section B-VIII/1 of the STCW Code. (Amendment 23) ARTICLE l(4a) (new) Article 8 Article 8 Member States shall ensure that: Article 8 Member States shall ensure that: "1. notwithstanding the provisions of paragraphs 2 and 4, on board all ships flying the flag of a Member State, there are means in place at all times for effective oral communication related to the safety between all members of ship" s company, particularly with timely the correct and regard reception of and messages and instructions. " understanding to (Amendment 24) ARTICLE l(4b) (new) Article 8(lb) (new) to or ships starting ensure in effective safety matters, lb. Pn all passenger ships flying the flag of a Member State and on all passenger and/or finishing a voyage in a Member State crew port, performance a working language is established and recorded in the ship's log book. The as company, appropriate, the appropriate language. Each seafarer shall be required to understand and, where appropriate, give orders and instructions and report back in that language. If the working is not an official language of the flag Member State, all plans and lists required to be displayed shall include translations into the working language. the master, determine language shall (Amendment 25) ARTICLE l(4c) (new) Article 8 (3) and (4) tankers, chemical 3. Pn board oil tankers and liquefied gas tankers flying the flag of a Member State, the master, to officers in a communicate with each other common working language/languages. ratings are able and 4. When carrying out Port State control under the provisions of Directive 95/21/EC, ships flying the flag of a State other than a Member State also comply with this Article. (Amendment 26) ARTICLE 1(5) (a) (1. 5. 3) Article 9 (3) (a) an completed 1. 5. 3. approved Automatic Radar Plotting Aid (ARPA) simulator course, if the endorsement attesting recognition is to be valid for service on ARPA equipped ships, 1. 5. 3. for services which so require. an approved Automatic completed Radar Plotting Aid (ARPA) simulator course, if the endorsement attesting recognition is to be valid for service on ARPA equipped ships, (Amendment 27) ARTICLE 1(5) (a) (2. 1. 1. ) 2. 1. 1. accommodation and facilities which establish a teaching, study and learning environment suited to the approved maritime conduct education and training programmes and courses, of study facilities which establish a 2. 1. 1. teaching, learning and environment suited to the conduct of and education approved maritime training programmes and courses, (Amendment 31) ARTICLE 1(7) Article 12 Article 12 Article 12 1. This Directive may be amended in accordance with the procedure laid down in Article 13, in order to apply, for the purposes of this Directive, the amendments subsequent international codes in Article 4 (q), (r), and (s) which have entered into force. referred to to to 2. Following the adoption of new the instruments or protocols STCW Convention referred to in Article 4 (xL the Council, acting en a proposal from the Commission, shall decide, taking into account the Member parliamentary procedures, as well as the relevant procedures within the IMP, on the detailed arrangements for ratifying those new instruments or protocols, while ensuring that they are applied uniformly and simultaneously in the Member States. States' 1. This Directive may be amended in accordance with the procedure laid down in Article 13, in order to apply, for the purposes of this Directive, the amendments subsequent international conventions and codes referred to in Article 4 (p. ) (q), (r), (u)r (w). (x) and (y) which have entered into force. to in accordance with 2. This Directive may also be amended the procedure laid down in Article 189c of the Treaty, at 5-yearly intervals, in order to apply, for the purposes of the. outcome and this Directive. recommendations of an evaluation of the procedures for and recognition of certificates of third countries referred to in the article. criteria taking X. Following the adoption of new instruments or protocols to the STCW Convention referred to in Article 4 (u)f the Council, acting in accordance with Article 189c of the Treaty, shall the into decide, account Member parliamentary procedures, as well as the relevant procedures within the IMP, on the ratifying detailed arrangements those new instruments or protocols, while ensuring that they are applied uniformly and simultaneously in the Member States. States' for (Amendment 32) ANNEX, ANNEX ANNEX I 1. The regulations referred to in this Annex the are supplemented by in mandatory provisions contained part A of the STCW Code as adopted by the IMP Conference of 26 June - 7 July 1995 as in force at (1997). supplemented by 1. The regulations referred to in this the Annex are in mandatory provisions contained part A of the STCW Code as adopted by the IMP Conference of 26 June - 7 July 1995 as in force at (1997). Deleted Deleted regulation 1. 1. any reference to a requirement in a a also reference to the corresponding section of part A of the STCW Code: constitutes 1. 2. in applying the regulations, the related guidance an*! explanatory material contained in part B of the STCW Code shall be into account to the greatest degree possible in order to achieve a more uniform the Directive of implementation provisions, taken (Amendment 34) Annex, Chapter VIII Regulation VIII/1 (2) new subparagraph 4a (new) officers in charge of the navigational watch who are required to leave the navigating bridge in connection with other duties, or at the completion of a watch, shall not do so until relieved by another officer taking charge of the navigational watch and after a proper handover of watch has been completed. (Amendment 35) Annex II (new) PRPCEDURES AND CRITERIA PF FPR THE RECPGNITIPN CERTIFICATES THIRD COUNTRIES OF A Member State may only recognize and endorse appropriate seafarers" certificates, issued by third countries, for service on board ships flying its flag, if all of the following conditions are fulfilled; 1. Appropriate certificates presented for recognition must have been issued bv a Party to the STCW Convention 2. The third country that issues the appropriate certificate must have been the Maritime Safety identified bv International Committee Maritime Organization as having demonstrated that full and complete effect is given to the provisions of the STCWConvention. the of 3. 1 If the requirement of paragraph 2 has not been met, the third country to the Member shall communicate State and, if appropriate, to the IMPT information concerning: (a^ texts of laws, decrees, orders, regulations and instruments relating to the the STCW Convention; implementation of (b) full details of the content and duration of study courses, including a clear statement of the education, training, examination, competency assessment and certification policies adopted; (c) national examination and other requirements of certificate issued in compliance with the STCW Convention: each type for (d) full details of the content and duration of refresher and updating training, and its assessment: (e) a sufficient number of specimen certificates issued in compliance with the STCW Convention: information (f) organization: on governmental (g) a concise explanation of the legal and administrative measures provided taken and to ensure compliance particularly concerning training and assessment, and issue and registration of certificates; (h) a concise outline of the procedures followed to authorize, accredit or approve training and examinations, and competency assessments required by the the STCW Convention. conditions attached thereto, and a list of the authorizations. accreditation and approvals granted. 3. 2 The Member State shall compare the facts reported in the information with all relevant requirements of the STCW Convention to ensure that full and complete effect is given to the provisions of the STCW Convention. include 4. 1 The Member State shall confirm. all necessary measures. through inspection of which may facilities and procedures, the that requirements concerning the standard and of endorsement and record-keeping are fully complied with and a quality standards system has been established. competence, of issue the certificates 4. 2 The Member State shall ensure that an undertaking is agreed with the third country concerned that prompt notification will be given of any significant change in the arrangements for training and certification provided in compliance with the STCW Convention. adopt through 5. Member States, the procedure laid down in Article 13. shall list third containing countries where, in addition to the procedure referred to in paragraph 3. 2. the inspection of facilities and and update names the of a 12 procedures referred to in paragraph 4,1 is mandatory, 6. Member States, in accordance with the provisions of paragraph 5. which proceed to accredit or approve a maritime institute or training course, shall in doing so apply the criteria given, Certificates presented bear. for 7. he must recognition accompanied by. or incorporate in their wording a valid endorsement the above attesting party, issue by their 8. Member States shall establish measures to ensure that seafarers who present for recognition certificates for functions at management level have an appropriate knowledge of the maritime legislation of the Member States, relevant to the functions they are permitted to perform. 9. Certificates endorsements ami issued by a Member State under the in provisions of the recognition Q£ recognition of. a certificate issued by a third country, mav not be used as the basis for further recognition bv another Member State. this Annex 01 attesting 13 ISSN 0254-1475 COM(97) 375 final DOCUMENTS EN 07 16 04 Catalogue number : CB-CO-97-367-EN-C ISBN 92-78-22785-4 Pffice for Pfficial Publications of the European Communities L-2985 Luxembourg