Ingangsdatum:
07-06-2001
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
Economic and Social Committee(1),
Having consulted the Committee
of the Regions,
Acting in accordance with the procedure referred
to in Article 251 of the Treaty(2),
Whereas:
(1) Council Directive 94/58/EC of 22 November
1994 on the minimum level of training of seafarers(3) has been substancially amended(4).
In the interests of clarity and rationality, it should therefore be consolidated.
(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 its conclusions of 25 January 1993 on maritime safety and pollution prevention in the
Community, the Council noted the importance of the human element in the safe operation
of ships.
(4) In its resolution of 8 June 1993
on a common policy on safe seas(5), the Council set the objective of removing
substandard crews and gave priority to Community action aiming at enhancing training and
education by developing common standards for minimum training levels of key personnel,
including the question of a common language on board Community vessels.
(5) In its resolution of 24 March 1997(6) on
a new strategy to increase the competitiveness of Community shipping the Council sought
to promote the employment of Community seafarers and shore-based personnel. To that end
the Council agreed that action should be undertaken to help Community shipping to
continue striving for high quality and improve its competitiveness by ensuring the
continued high-quality training of Community seafarers of all ranks and of shore-based
personnel.
(6) The standards of training for
the award of vocational competency certificates to seafarers vary from one Member State
to another. Such a diversity of national laws in the area of training covered by this
Directive does not ensure the consistent level of training required in the interests of
maritime safety.
(7) Council Directives
89/48/EEC(7) and 92/51/EEC(8) on the general system for the recognition of professional
education and training apply to maritime occupations covered by this Directive. They
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.
(8) The mutual recognition of diplomas and
certificates provided for under the general system Directives 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.
(9) It is therefore essential to define a
minimum level of training for seafarers in the Community. It is appropriate that the
action in this field 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 Watch-keeping for Seafarers, 1978 (STCW
Convention), as revised in 1995; all Member States are Parties to that Convention.
(10) Member States may establish standards
higher than the minimum standards laid down in the STCW Convention and this Directive.
(11) The Regulations of the STCW Convention
set out in Annex I to this Directive should be supplemented by the mandatory provisions
contained in Part A of the 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 uniform manner.
(12) 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 Shipowners' Association (ECSA) and the Federation of Transport Workers's
Unions in the European Union (FST)(9).
(13) In
order to enhance maritime safety and prevent loss of human life and maritime pollution,
communication among crew members on board ships sailing in Community waters should be
improved.
(14) Personnel on board passenger
ships nominated to assist passengers in emergency situations should be able to
communicate with the passengers.
(15) Crews
serving on board tankers carrying noxious or polluting cargo should be capable of coping
efficiently with accident prevention and emergency situations. It is paramount that a
proper communication link between the master, officers and ratings is esablished,
covering the requirements provided for in Article 17.
(16) Measures should be taken to ensure that
seafarers holding certificates issued by third countries have a level of competence
commensurate with that required by the STCW Convention.
(17) In order to attain this objective,
common criteria should be defined for the recognition of foreign certificates in the
Community. The establishment of common criteria for the Member States' recognition of
certificates issued by third countries should be based on the training and certification
requirements as agreed in the framework of the STCW Convention.
(18) In the interests of safety at sea,
Member States should recognise qualifications proving the required level of training
only where these are issued by or on behalf of Parties to the STCW Convention which have
been identified by the IMO Maritime Safety Committee (MSC) as having been shown to have
given, and still to be giving, full effect to the standards set out in that Convention.
To bridge the time gap until the MSC has been albe to carry out such identification, a
procedure for the preliminary recognition of certificates is needed.
(19) Where appropriate, maritime institutes,
training programmes and courses should be inspected. Criteria for such inspection should
therefore be established.
(20) A committee
should be established to assist the Commission in carrying out the tasks related to the
exercise of the recognition of certificates issued by training institutes or
administrations of third countries.
(21) Member
States, as port authorities, are required to enhance safety and prevention of pollution
in Community waters through priority inspection of vessels flying the flag of a third
country which has not ratified the STCW Convention, thereby ensuring no more favourable
treatment to vessels flying the flag of a third State.
(22) It is appropriate to include in this
Directive provisions on port State control, pending the amendment of Council Directive
95/21/EC of 19 June 1995 concerning the enforcement, in respect of shipping using
Community ports and sailing in the waters under the jurisdiction of the Member States,
of international standards for ship safety, pollution prevention and shipboard living
and working conditions (port State control)(10) in order to transfer to that Directive
the provisions on port State control which are included in Articles 17(f), 19, 20 and 21
of this Directive.
(23) It is necessary to
provide for procedures for adapting this Directive to changes in international
conventions and codes.
(24) The measures
necessary for the implementation of this Directive should be adopted in accordance with
Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise
of implementing powers conferred on the Commission(11).
(25) The Council should review Annex II in
the light of the experience gained in applying this Directive, acting on a proposal to
be submitted by the Commission within five years of 25 May 2003.
(26) Until 1 February 2002 Member States
should be allowed to accept on their ships seafarers holding certificates issued in
accordance with the provisions which applied before 1 February 1997, the date of entry
into force of the revised STCW Convention, provided that those seafarers began their
service or training before 1 August 1998.
(27)
This Directive should be without prejudice to the obligations of the Members States
concerning the time-limits for transposition of the Directives set out in Annex III,
Part B,
(1) OJ C 14, 16.1.2001, p. 41.
(2) European Parliament
opinion of 12 December 2000 (not yet published in the Official Journal) and Council
Decision of 12 March 2001.
(3) OJ L 319, 12.12.1994, p. 28.
Directive as amended by Directive 98/35/EC (OJ L 172, 17.6.1998, p. 1).
(4) See Annex III, Part B.
(5) OJ C 271,
7.10.1993, p. 1.
(6) OJ C 109, 8.4.1997, p. 1.
(7) OJ L 19, 24.1.1989, p. 16.
(8) OJ L
209, 24.7.1992, p. 25. Directive as last amended by Commission Directive 2000/5/EC (OJ
L 54, 26.2.2000, p. 42).
(9) OJ L 167, 2.7.1999, p. 33.
(10) OJ L 157, 7.7.1995, p. 1. Directive as last amended by
Commission Directive 1999/97/EC (OJ L 331, 23.12.1999, p. 67).
(11) OJ L 184, 17.7.1999, p. 23.