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2018/01/10
   EC - Follow-up document
Documents
SWD(2018)0018
2018/01/10
   EC - Follow-up document
Documents
SWD(2018)0019
2012/12/14
   Final act published in Official Journal
Details

PURPOSE: to align the current rules of the Union on the training of seafarers with international rules on the training and certification of the latter.

LEGISLATIVE ACT: Directive 2012/35/EU of the European Parliament and of the Council amending Directive 2008/106/EC on the minimum level of training of seafarers

CONTENT: the Council adopted a directive defining the minimum level of training for seafarers following the approval by the European Parliament of the agreement reached in the negotiations between the two institutions.

The directive aims to align EU legislation with recent amendments to the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STCW Convention). It updates the 2008 Directive on training for seafarers, which provides for the transposition of the STCW into EU law.

The amendments to the STCW Convention agreed by the International Maritime Organisation (IMO) in 2010 concern in particular:

· the standards for medical fitness and fitness for duty;

· the establishment of new professional profiles;

· security-related training;

· the definition of certificates; and

· the prevention of fraudulent practices relating to certificates.

The new Directive incorporates these amendments into EU law, while adapting the provisions of the STCW Convention on watchkeeping in order to bring them into line with EU rules on working time for seafarers.

Training: Member States must take the necessary measures to ensure that seafarers serving on ships are trained as a minimum in accordance with the requirements of the STCW Convention.

Certificates of competency, certificates of proficiency and endorsements : the text stipulates that Candidates for certification shall provide satisfactory proof:

· of their identity;

· that their age is not less than that prescribed in the Regulations listed in Annex I relevant to the certificate of competency or certificate of proficiency applied for;

· that they meet the standards of medical fitness, specified in Section A-I/9 of the STCW Code;

· that they have completed the seagoing service and any related compulsory training prescribed in the Regulations listed in Annex I for the certificate of competency or certificate of proficiency applied for; and

· that they meet the standards of competence prescribed in the Regulations listed in Annex I for the capacities, functions and levels that are to be identified in the endorsement of the certificate of competency.

Each Member State shall undertake:

· to maintain a register or registers of all certificates of competency and certificates of proficiency and endorsements for masters and officers and, where applicable, ratings which are issued, have expired or have been revalidated, suspended, cancelled or reported as lost or destroyed, as well as of dispensations issued;

· to make available information on the status of certificates of competency, endorsements and dispensations to other Member States or other Parties to the STCW Convention and companies which request verification of the authenticity and validity of certificates. As of 1 January 2017, the information required shall be made available by electronic means.

Information to the Commission: each Member State shall make available to the Commission on a yearly basis the information indicated in Annex V to this Directive on certificates of competency, and endorsements attesting the recognition of certificates of competency, for the purposes of statistical analysis only and exclusively for use by Member States and the Commission in policy-making.

Prevention of fraud and other unlawful practices : Member States shall take and enforce appropriate measures to prevent fraud and other unlawful practices involving certificates and endorsements issued, and shall provide for penalties that are effective, proportionate and dissuasive.

Medical standards : each Member State shall establish standards of medical fitness for seafarers and procedures for the issue of a medical certificate in accordance with the Directive and Section A-I/9 of the STCW Code. They shall ensure that those responsible for assessing the medical fitness of seafarers are medical practitioners recognised by that Member State for the purpose of seafarer medical examinations.

Fitness for duty : for the purpose of preventing fatigue, Member States shall establish and enforce rest periods for watchkeeping personnel and those whose duties involve designated safety, security and prevention of pollution duties.

All persons who are assigned duty as officer in charge of a watch or as a rating forming part of a watch, and those whose duties involve designated safety, prevention of pollution and security duties shall be provided with a rest period of not less than:

· a minimum of 10 hours of rest in any 24-hour period; and

· 77 hours in any seven-day period.

The requirements for rest periods need not be maintained in the case of an emergency or in other overriding operational conditions. Musters, fire fighting and lifeboat drills, and drills prescribed by national laws and regulations and by international instruments , shall be conducted in a manner that minimises the disturbance of rest periods and does not induce fatigue.

In this connection, it is recalled that Parliament wanted provisions on rest periods to apply also to operational exercises.

With due regard for the general principles of the protection of the health and safety of workers and in line with Directive 1999/63/EC (which implements an agreement between the social partners) Member States may, by means of national laws, regulations or a procedure for the competent authority, authorise or register collective agreements permitting exceptions to the required hours of rest provided that the rest period is no less than 70 hours in any seven-day period and respects the limits set out in the Directive.

Recognition of certificates of competency and certificates of proficiency : the Directive extends the timeframe available to the Commission for deciding on the recognition of the training and certification systems of non-EU countries from three to eighteen months , as the three-month deadline has proved impracticable

Statistical information : the new Directive also provides for the collection of information on seafarers' certificates for statistical purposes, as a tool for policymaking in this sector. As requested by Parliament, the Directive:

· requires the Commission to use the information communicated to it by Member States for the purposes of statistical analysis only and in accordance with Union requirements regarding data protection;.

· guarantees that processed statistics drawn up on the basis of such information are made publicly available ;

· strengthens the requirement to communicate anonymised data only in order to respect data protection in the context of the gathering of statistics on seafarers.

ENTRY INTO FORCE: 03/01/2013.

TRANSPOSITION: 04/07/2014 and 04/01/2015 (regarding information to the Commission).

DELEGATED ACTS: the Commission is empowered to adopt delegated acts in order to gather data on the seafaring profession in line with its evolution and with that of technology. The delegation of power shall be conferred on the Commission for a period of five years from 3 January 2013 (which may be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension.) A delegated act shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act. That period shall be extended by two months at the initiative of the European Parliament or the Council.

Documents
Directive 2012/35
OJ L 343 14.12.2012, p. 0078
2012/11/21
   CSL - Draft final act
Documents
00040/2012/LEX
2012/11/21
   CSL - Final act signed
2012/11/21
   EP - End of procedure in Parliament
2012/11/15
   EC - Commission response to text adopted in plenary
Documents
SP(2012)767
2012/11/13
   EP/CSL - Act adopted by Council after Parliament's 1st reading
2012/11/13
   CSL - Council Meeting
2012/10/23
   EP - Results of vote in Parliament
Documents
Results of vote in Parliament
2012/10/23
   EP - Decision by Parliament, 1st reading
Details

The European Parliament adopted by 619 votes to 16, with 16 abstentions, a legislative resolution on the proposal for a Directive of the European Parliament and of the Council amending Directive 2008/106/EC of the European Parliament and of the Council on the minimum level of training of seafarers.

Parliament adopted its position at first reading in accordance with the ordinary legislative procedure. The amendments adopted in plenary are the result of a compromise negotiated between the European Parliament and the Council. They modify the proposal as follows:

The STCW Convention: the mended text stipulates that the training and certification of seafarers is regulated by the International Maritime Organisation (IMO) Convention on Standards of Training, Certification and Watchkeeping for Seafarers 1978 (‘the ’STCW Convention‘), which entered into force in 1984 and which was significantly amended in 1995.

The text also recalls the need to ensure that further delays in incorporating the Manila amendments in Union law are avoided, in order to maintain the competitiveness of seafarers from the Union as well as to uphold safety on-board ships through up-to-date training.

Definitions: a " passenger ship " means a ship as defined in the International Convention for the Safety of Life at Sea, 1974, as amended. A " seagoing service " means service on board a ship relevant to the issue or revalidation of a certificate of competency, certificate of proficiency or other qualification. Moreover, the definition of " electro-technical rating " is introduced.

Candidates for certification: they shall provide satisfactory proof:

· of their identity

· that their age is not less than that prescribed in the regulations listed in Annex I relevant to the certificate of competency of certificate of proficiency applied for;

· that they meet the standards of medical fitness specific in Section A-I/9 of the STCW Code;

· that they have completed the seagoing service and any related prescribed compulsory training (listed in the regulations listed in Annex I);

· that they meet the standards of competence prescribed in the regulations listed in Annex I for the capacities, functions and levels that are to be identified in the endorsement of the certificate of competency.

Information to the Commission: each Member State shall make available to the Commission on a yearly basis the information indicated in Annex V to this Directive on certificates of competency, endorsements attesting the recognition of certificates of competency as well as, on a voluntary basis, certificates of proficiency issued to ratings in accordance with the Annex to the STCW Convention,

Prevention of fraud and other unlawful practices: Member States shall take and enforce appropriate measures to prevent fraud and other unlawful practices involving certificates and endorsements issued, and shall provide for penalties that are effective, proportionate and dissuasive.

Fitness standards: each Member State shall establish standards of medical fitness for seafarers and procedures for the issue of a medical certificate, taking into account, as appropriate, Section B-I/9 of the STCW Code.

Revalidation of certificates of competency and certificates of proficiency: the amended text provides that each Member State shall: i) compare the standards of competence which are required of candidates for certificates of competency issued until 1 January 2017 with those specified for the relevant certificate of competency in Part A of the STCW Code, and ii) determine the need to require the holders of such certificates of competency to undergo appropriate refresher and updating training or assessment.

Fitness for duty: in accordance with Members’ wishes, the provisions in regard to rest periods shall be maintained also in the case of exercises .

With due regard for the general principles of the protection of the health and safety of workers, and in line with Directive 1999/63/EC , Member States may, by means of national laws, regulations or a procedure for the competent authority, authorise or register collective agreements permitting exceptions to the required hours of rest provided that the rest period is no less than 70 hours in any seven-day period and respects the limits set out in the Directive. Such exceptions shall, as far as possible, follow the standards set out but may take account of more frequent or longer leave periods, or the granting of compensatory leave for watchkeeping seafarers or seafarers working on board ships on short voyages.

Recognition of certificates of competency and certificates of proficiency: seafarers who do not possess the certificates of competency issued by Member States and/or the certificates of proficiency issued by Member States to masters and officers in accordance with Regulations V/1-1 and V/1-2 of the STCW Convention, may be allowed to serve on ships flying the flag of a Member State provided that a decision on the recognition of their certificates of competency and certificates of proficiency has been adopted through the procedures set out in this Directive.

Port State control: irrespective of the flag it flies, each ship (with the exception of those types of ships excluded by Article 2), shall, while in the ports of a Member State, be subject to port State control by officers duly authorised by that Member State to verify that all seafarers serving on board who are required to hold a certificate of competency and/or a certificate of proficiency and/or documentary evidence under the STCW Convention, hold such a certificate of competency or valid dispensation and/or certificate of proficiency and/or documentary evidence.

Information for statistical purposes: as called for by Parliament, amendments were adopted relating to:

· strengthening the obligation on the Commission to use the information communicated to it by Member States for the purposes of statistical analysis only and in accordance with Union requirements regarding data protection;.

· guaranteeing that processed statistics drawn up on the basis of such information are made publicly available in accordance with the provisions on transparency and protection of information;

· strengthening the requirement to communicate anonymised data only in order to respect data protection in the context of the gathering of statistics on seafarers.

Delegated acts: the Commission shall be empowered to adopt delegated acts amending Annex V to this Directive with respect to specific and relevant content and details of the information that needs to be reported by Member States provided that such acts are limited to taking into account the amendments to the STCW Convention and Code and respect the safeguards on data protection.

The delegation of power shall be conferred on the Commission for a period of five years from the date of entry into force of the Directive (a period that may be extended for periods of identical duration).

Documents
T7-0384/2012
2012/05/11
   EP - Committee report tabled for plenary, 1st reading
Details

The Committee on Transport and Tourism adopted its report relating to a Directive of the European Parliament and Council amending Directive 2008/106/EC defining the minimum level of training for seafarers.

The committee recommends that the European Parliament's position, adopted at first reading following the ordinary legislative procedure, should be to amend the Commission proposal as follows:

Definitions : a " passenger ship " means a ship as defined in the International Convention for the Safety of Life at Sea, 1974, as amended. A " seagoing service " means service on board a ship relevant to the issue or revalidation of a certificate of competency, certificate of proficiency or other qualification. Moreover, the definition of " electro-technical rating " is introduced.

Medical fitness : an amendment clarifies that this can only be ascertained with reference to the specific duties to be performed.

Rule I/8 of the International Convention on the Standards of Training, Certification & Watchkeeping ( STCW Convention) : members underline that the relevant sections of Part A of the STCW Code apply.

Quality standards and systems of quality standards : these should be developed and implemented taking into account, where applicable, the Recommendation of the European Parliament and of the Council of 18 June 2009 on the establishment of a European Quality Assurance Reference Framework for Vocational Education and Training and related measures adopted by the Member States.

Medical standards : the guidance given in section B-I/9 of the STCW Code should also be taken into account when establishing medical standards.

Multilingualism : Members consider it essential that amendments to national and international rules on the safety of human life at sea and the protection of the marine environment are understood by all members of the crew, whatever their nationality and mother tongue. Reference should accordingly be made to the principle of multilingualism established in the Directive.

Company responsibilities : companies must be able to guarantee that officers and crew have the necessary skills to operate the vessel under normal circumstances and in emergency situations.

Fitness for duty : Members consider that the requirements for rest periods need to be maintained also in the case of drill .

Exceptions to the required hours of rest provided for in paragraphs 4 and 5 of this Article for seafarers who are assigned duty as officer in charge of a watch or as rating forming part of a watch or those whose duties involve designated safety, prevention of pollution and security duties may be allowed in accordance with Directive 1999/63/EC , which implements an agreement between European social partners.

Statistical data : the proposed amendments aim to:

· reinforce the obligation on the Commission to use the data provided by Member States solely for the purpose of statistical analysis and in accordance with the data protection requirements of the Union ;

· statistics elaborated should be publicly available ;

· reinforces the need for data to be provided in an anonymised format , safeguarding data protection in the collection of statistics on the seafarer profession.

Delegated acts : one amendment concerns bringing the legislative text up to date with the revised comitology provisions introduced in light of the Lisbon Treaty. Members propose new wording in order to better reflect the 2011 inter-institutional common understanding on delegated acts.

Documents
A7-0162/2012
2012/05/08
   EP - Vote in committee, 1st reading
2012/05/02
   EP - Committee opinion
Documents
PE480.883
2012/04/02
   EP - Amendments tabled in committee
Documents
PE486.183
2012/02/08
   EP - Committee draft report
Documents
PE480.581
2011/12/12
   CSL - Debate in Council
Details

The Council agreed a general approach on updating a 2008 directive defining the minimum level of training for seafarers, with a view to aligning EU legislation with recent amendments to the International Convention on Standards of Training, Certification and Watch keeping for Seafarers (STCW). The 2008 directive provides for the transposition into EU law of this Convention, which was adopted by the International Maritime Organisation (IMO) and to which all EU Member States are parties.

Two delegations raised certain issues, while supporting the general approach. The first voiced its concerns regarding the requirement to send the Commission information on certificates for statistical purposes. The other delegation considered that there were legal uncertainties in the text and invited the Commission to address this problem in a future recast of the EU's STCW Directive,

The amendments to the STCW agreed by the IMO in 2010, which enter into force in 2012 (with transitional arrangements until 2017), include provisions on:

· updated standards for medical fitness and fitness for duty, including as regards alcohol abuse;

· the establishment of the new professional profiles of "able seafarers", "electro-technical officers" and "electro-technical ratings";

· security-related training for all seafarers;

· clearer and simpler definition of certificates, and

· prevention of fraudulent practices relating to certificates.

The draft directive incorporates these amendments into EU law, while adapting the STCW provisions on watch keeping in order to bring them into line with EU rules on working time for seafarers.

In addition, the draft directive extends the time frame available to the Commission for deciding on the recognition of the training and certification systems of non-EU countries from three to eighteen months, as the three-month deadline has proved impracticable.

The new text also provides for the collection of information on seafarers' certificates for statistical purposes, as a tool for policy-making in this sector.

Documents
3134
2011/12/12
   CSL - Council Meeting
2011/12/11
   IT_SENATE - Contribution
Documents
COM(2011)0555
2011/11/23
   PT_PARLIAMENT - Contribution
Documents
COM(2011)0555
2011/10/11
   EP - SIMPSON Brian (S&D) appointed as rapporteur in TRAN
2011/10/05
   EP - CHRISTENSEN Ole (S&D) appointed as rapporteur in EMPL
2011/09/15
   EP - Committee referral announced in Parliament, 1st reading
2011/09/14
   EC - Legislative proposal
Details

PURPOSE: to integrate into EU law the 2010 amendments to the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STCW Convention).

PROPOSED ACT: Directive of the European Parliament and of the Council.

BACKGROUND: r ules on training and certification of seafarers have been agreed at an international level by means of the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STCW Convention), adopted in 1978 by conference at the International Maritime Organization (IMO), entered into force in 1984 and significantly amended in 1995.

The STCW Convention has been integrated into Union law for the first time by Council Directive 94/58/EC of 22 November 1994 on the minimum level of training of seafarers. Afterwards the EU rules on training and certification of seafarers have been adapted to the subsequent amendments to the Convention, while a common EU mechanism for the recognition of the systems of training and certification of seafarers in the third countries has been set up; lately, the rules of the Union on this matter have through a recast become Directive 2008/106/EC of the European Parliament and of the Council .

In 2010 a Conference between the State Parties to the STCW Convention was held in Manila and introduced several significant changes to the Convention , namely on the prevention of fraudulent practices for certificates, in the field of medical standards, in the matter of training on security and with respect to training in technology-related matters. The Manila amendments have also introduced requirements for able seafarers and established new professional profiles, such as electro-technical officers.

The Manila amendments to the Convention will enter into force on 1 January 2012. From that date onwards maritime training will have to meet the new requirements. Since the EU Member States are also parties to the Convention, and none of them opposed the Manila amendments, they will have to adapt their legislation to the new text of the Convention .

IMPACT ASSESSMENT: no impact assessment was carried out. As for the proposed directive, the experts of the Member States were consulted on the review exercise in a meeting which was held in Brussels on 3 December 2010. On that occasion the Member States unanimously expressed their wish that the Manila amendments should be integrated into EU law, while they considered that no overhaul of the directive should be carried out.

LEGAL BASIS: Article 100(2) of the Treaty on the Functioning of the European Union.

CONTENT: the objective of the present proposal is to integrate into EU law the 2010 amendments to the STCW Convention , in order in particular to avoid any conflict between the international and the EU obligations of the Member States.

New rules introduced following the Manila amendments : the 2010 amendments regard both the "Regulations" annexed to the Convention and the more technical "Code", whose Part "A", as explained, is mandatory. The main amendments to the Convention, which are reflected in the present proposal, are:

strengthened provisions concerning training and assessment, the issuance of certificates of competency, as well as for prevention of fraudulent practices; updated standards relating to medical fitness, fitness for duty as well as alcohol abuse; new requirements concerning certification for able seafarers, for electro-technical officers as well as security-related training for all seafarers; updated requirements for personnel on certain types of ships; clarification and simplification of the definition of "certificate".

In addition, the proposal has adapted the STCW provisions on watchkeeping, in order to bring them in line with the EU rules on working time for seafarers.

Deadline for the recognition of third countries : t he proposal also aims to make more realistic the current three-month deadline for the recognition of third countries currently provided for in Article 19(3) of Directive 2008/106. This deadline shall be extended to 18 months . This provision is about the timeframe available to the Commission to decide on the recognition of a third country following a request by a Member State.

Providing the Commission with existing information on certificates : a potential source of accurate data is the certificates and endorsements issued by the national administrations. Currently, under the STCW Convention State Parties are obliged to maintain registers of all certificates and endorsements and the relevant revalidations or other measures affecting them.

While this is an important source of data, the different formats used by each Member State do not allow for a complete picture.

Therefore, the present proposal foresees a new provision requiring the Member States to provide standardised information to the Commission for the purpose of statistical analysis. The detailed content of such information is presented in a technical annex to the present proposal.

Adaptation to the new rules on "comitology" : the Treaty of Lisbon has introduced significant changes to the "comitology" mechanism. Under the new Treaty the procedure for technical adaptation of the directive is governed by the rules on " delegated acts ", while the decisions on recognition of third countries by those on " implementing acts ". The present proposal contains provisions to that effect.

Entry into Force and Transitional Arrangements : the amendments to the STCW Convention agreed at Manila will enter into force on 1 January 2012. Since at that point in time the present proposal will not have been adopted yet, it has been foreseen that the proposed directive should enter into force as soon as it is published in the Official Journal.

The Manila agreement also includes transitional arrangements. These arrangements allow for the renewal and revalidation of certificates issued before the entry into force of the amended Convention on 1 January 2012.

BUDGETARY IMPLICATIONS: this proposal has no implications for the Union budget.

DELEGATED ACTS: the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission.

Documents
COM(2011)0555
EUR-Lex
2011/09/14
   EC - Legislative proposal published
Details

PURPOSE: to integrate into EU law the 2010 amendments to the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STCW Convention).

PROPOSED ACT: Directive of the European Parliament and of the Council.

BACKGROUND: r ules on training and certification of seafarers have been agreed at an international level by means of the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STCW Convention), adopted in 1978 by conference at the International Maritime Organization (IMO), entered into force in 1984 and significantly amended in 1995.

The STCW Convention has been integrated into Union law for the first time by Council Directive 94/58/EC of 22 November 1994 on the minimum level of training of seafarers. Afterwards the EU rules on training and certification of seafarers have been adapted to the subsequent amendments to the Convention, while a common EU mechanism for the recognition of the systems of training and certification of seafarers in the third countries has been set up; lately, the rules of the Union on this matter have through a recast become Directive 2008/106/EC of the European Parliament and of the Council .

In 2010 a Conference between the State Parties to the STCW Convention was held in Manila and introduced several significant changes to the Convention , namely on the prevention of fraudulent practices for certificates, in the field of medical standards, in the matter of training on security and with respect to training in technology-related matters. The Manila amendments have also introduced requirements for able seafarers and established new professional profiles, such as electro-technical officers.

The Manila amendments to the Convention will enter into force on 1 January 2012. From that date onwards maritime training will have to meet the new requirements. Since the EU Member States are also parties to the Convention, and none of them opposed the Manila amendments, they will have to adapt their legislation to the new text of the Convention .

IMPACT ASSESSMENT: no impact assessment was carried out. As for the proposed directive, the experts of the Member States were consulted on the review exercise in a meeting which was held in Brussels on 3 December 2010. On that occasion the Member States unanimously expressed their wish that the Manila amendments should be integrated into EU law, while they considered that no overhaul of the directive should be carried out.

LEGAL BASIS: Article 100(2) of the Treaty on the Functioning of the European Union.

CONTENT: the objective of the present proposal is to integrate into EU law the 2010 amendments to the STCW Convention , in order in particular to avoid any conflict between the international and the EU obligations of the Member States.

New rules introduced following the Manila amendments : the 2010 amendments regard both the "Regulations" annexed to the Convention and the more technical "Code", whose Part "A", as explained, is mandatory. The main amendments to the Convention, which are reflected in the present proposal, are:

strengthened provisions concerning training and assessment, the issuance of certificates of competency, as well as for prevention of fraudulent practices; updated standards relating to medical fitness, fitness for duty as well as alcohol abuse; new requirements concerning certification for able seafarers, for electro-technical officers as well as security-related training for all seafarers; updated requirements for personnel on certain types of ships; clarification and simplification of the definition of "certificate".

In addition, the proposal has adapted the STCW provisions on watchkeeping, in order to bring them in line with the EU rules on working time for seafarers.

Deadline for the recognition of third countries : t he proposal also aims to make more realistic the current three-month deadline for the recognition of third countries currently provided for in Article 19(3) of Directive 2008/106. This deadline shall be extended to 18 months . This provision is about the timeframe available to the Commission to decide on the recognition of a third country following a request by a Member State.

Providing the Commission with existing information on certificates : a potential source of accurate data is the certificates and endorsements issued by the national administrations. Currently, under the STCW Convention State Parties are obliged to maintain registers of all certificates and endorsements and the relevant revalidations or other measures affecting them.

While this is an important source of data, the different formats used by each Member State do not allow for a complete picture.

Therefore, the present proposal foresees a new provision requiring the Member States to provide standardised information to the Commission for the purpose of statistical analysis. The detailed content of such information is presented in a technical annex to the present proposal.

Adaptation to the new rules on "comitology" : the Treaty of Lisbon has introduced significant changes to the "comitology" mechanism. Under the new Treaty the procedure for technical adaptation of the directive is governed by the rules on " delegated acts ", while the decisions on recognition of third countries by those on " implementing acts ". The present proposal contains provisions to that effect.

Entry into Force and Transitional Arrangements : the amendments to the STCW Convention agreed at Manila will enter into force on 1 January 2012. Since at that point in time the present proposal will not have been adopted yet, it has been foreseen that the proposed directive should enter into force as soon as it is published in the Official Journal.

The Manila agreement also includes transitional arrangements. These arrangements allow for the renewal and revalidation of certificates issued before the entry into force of the amended Convention on 1 January 2012.

BUDGETARY IMPLICATIONS: this proposal has no implications for the Union budget.

DELEGATED ACTS: the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission.

Documents
COM(2011)0555
EUR-Lex

Documents

Activities

Votes

A7-0162/2012 - Brian Simpson - Résolution législative #

2012/10/23 Outcome: +: 619, 0: 16, -: 16
DE IT FR ES GB PL RO BE CZ NL EL SE HU BG PT AT SK DK IE FI LV LT SI EE LU MT CY ??
Total
85
62
62
45
62
44
32
20
19
24
21
17
17
16
18
17
13
11
12
10
8
7
7
6
5
5
4
1
icon: PPE PPE
234

Germany PPE

37

Italy PPE

30

France PPE

23

Spain PPE

19

Poland PPE

27

Romania PPE

14

Belgium PPE

4

Czechia PPE

For (1)

Jan BŘEZINA
1

Netherlands PPE

3

Greece PPE

7

Sweden PPE

5

Hungary PPE

11

Bulgaria PPE

6

Portugal PPE

9

Austria PPE

6

Slovakia PPE

6

Denmark PPE

For (1)

Bendt BENDTSEN
1

Ireland PPE

4

Finland PPE

2

Latvia PPE

4

Lithuania PPE

4

Slovenia PPE

3

Estonia PPE

For (1)

Tunne KELAM
1

Luxembourg PPE

3

Malta PPE

2

Cyprus PPE

2
icon: S&D S&D
169

Germany S&D

20

Italy S&D

20

France S&D

12

Spain S&D

20

United Kingdom S&D

12

Poland S&D

Against (1)

Adam GIEREK
7

Romania S&D

11

Belgium S&D

5

Czechia S&D

7

Netherlands S&D

3

Greece S&D

8

Sweden S&D

5

Hungary S&D

4

Bulgaria S&D

4

Portugal S&D

4

Austria S&D

5

Slovakia S&D

5

Denmark S&D

3

Ireland S&D

3

Finland S&D

2

Slovenia S&D

2

Estonia S&D

For (1)

Ivari PADAR
1

Luxembourg S&D

For (1)

Robert GOEBBELS
1

Malta S&D

3

Cyprus S&D

1

S&D

For (1)

Raimon OBIOLS
1
icon: ALDE ALDE
71

Germany ALDE

8

Italy ALDE

2

France ALDE

5

Spain ALDE

2

United Kingdom ALDE

12

Romania ALDE

5

Belgium ALDE

5

Netherlands ALDE

6

Greece ALDE

1

Sweden ALDE

3

Bulgaria ALDE

5

Slovakia ALDE

For (1)

Sergej KOZLÍK
1

Denmark ALDE

2

Ireland ALDE

4

Finland ALDE

3

Latvia ALDE

For (1)

Ivars GODMANIS
1

Lithuania ALDE

1

Slovenia ALDE

2

Estonia ALDE

3
icon: Verts/ALE Verts/ALE
57

Germany Verts/ALE

13

France Verts/ALE

16

Spain Verts/ALE

2

United Kingdom Verts/ALE

5

Belgium Verts/ALE

3

Netherlands Verts/ALE

3

Greece Verts/ALE

1

Sweden Verts/ALE

4

Portugal Verts/ALE

For (1)

Rui TAVARES
1

Austria Verts/ALE

2

Denmark Verts/ALE

2

Finland Verts/ALE

2

Latvia Verts/ALE

1

Estonia Verts/ALE

For (1)

Indrek TARAND
1

Luxembourg Verts/ALE

For (1)

Claude TURMES
1
icon: ECR ECR
39

United Kingdom ECR

Abstain (1)

Kay SWINBURNE
20

Poland ECR

Against (1)

Konrad SZYMAŃSKI
6

Belgium ECR

For (1)

Derk Jan EPPINK
1

Czechia ECR

7

Netherlands ECR

For (1)

Peter van DALEN
1

Hungary ECR

For (1)

Lajos BOKROS
1

Denmark ECR

For (1)

Anna ROSBACH
1

Latvia ECR

For (1)

Roberts ZĪLE
1

Lithuania ECR

1
icon: GUE/NGL GUE/NGL
29

Germany GUE/NGL

7

France GUE/NGL

Abstain (1)

Jean-Luc MÉLENCHON
4

Spain GUE/NGL

Abstain (1)

Willy MEYER
1

United Kingdom GUE/NGL

1

Czechia GUE/NGL

4

Netherlands GUE/NGL

2

Greece GUE/NGL

Abstain (1)

Nikolaos CHOUNTIS
2

Portugal GUE/NGL

4

Denmark GUE/NGL

1

Ireland GUE/NGL

Against (1)

Paul MURPHY
1

Latvia GUE/NGL

For (1)

Alfreds RUBIKS
1

Cyprus GUE/NGL

1
icon: EFD EFD
28

Italy EFD

10

United Kingdom EFD

6

Poland EFD

Against (1)

Jacek Olgierd KURSKI
4

Belgium EFD

For (1)

Frank VANHECKE
1

Netherlands EFD

For (1)

Bas BELDER
1

Greece EFD

2

Slovakia EFD

For (1)

Jaroslav PAŠKA
1

Denmark EFD

1

Finland EFD

For (1)

Sampo TERHO
1

Lithuania EFD

For (1)

Juozas IMBRASAS
1
icon: NI NI
23

France NI

2

Spain NI

1

United Kingdom NI

6

Romania NI

2

Belgium NI

For (1)

Philip CLAEYS
1

Netherlands NI

Against (1)

Daniël van der STOEP
5

Hungary NI

For (1)

Csanád SZEGEDI
1

Bulgaria NI

1

Austria NI

Abstain (1)

Franz OBERMAYR
4
AmendmentsDossier
37 2011/0239(COD)
2012/04/02 TRAN 33 amendments...
source: PE-486.183
2012/04/04 EMPL 4 amendments...
source: PE-486.168

History

(these mark the time of scraping, not the official date of the change)

2023-08-03Show (7) Changes | Timetravel
docs/0
date
2011-09-14T00:00:00
docs
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type
Legislative proposal
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date
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docs
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links/National parliaments/url
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http://www.ipex.eu/IPEXL-WEB/dossier/dossier.do?code=COD&year=2011&number=0239&appLng=EN
New
https://ipexl.europarl.europa.eu/IPEXL-WEB/dossier/code=COD&year=2011&number=0239&appLng=EN
2021-12-18Show (13) Changes | Timetravel
committees/0/shadows/4
name
TOUSSAS Georgios
group
European United Left - Nordic Green Left
abbr
GUE/NGL
docs/0/docs/0/url
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events/1/type
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Committee referral announced in Parliament, 1st reading/single reading
New
Committee referral announced in Parliament, 1st reading
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Vote in committee, 1st reading/single reading
New
Vote in committee, 1st reading
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date
2012-05-11T00:00:00
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Committee report tabled for plenary, 1st reading
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summary
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2012-05-11T00:00:00
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summary
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date
2012-10-23T00:00:00
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body
EP
docs
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summary
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date
2012-10-23T00:00:00
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body
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docs
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summary
procedure/Modified legal basis
Rules of Procedure EP 150
procedure/Other legal basis
Rules of Procedure EP 159
2020-01-19Show (7) Changes | Timetravel
committees/0
type
Responsible Committee
body
EP
associated
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committee_full
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committee
TRAN
rapporteur
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shadows
committees/0
type
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committee_full
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committee
TRAN
date
2011-10-11T00:00:00
rapporteur
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shadows
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committee_full
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committee
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rapporteur
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committee_full
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rapporteur
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docs/3/body
EC
events/4/docs/0/url
Old
http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A7-2012-162&language=EN
New
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events/6/docs/0/url
Old
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New
http://www.europarl.europa.eu/doceo/document/TA-7-2012-0384_EN.html
2019-07-06Show (19) Changes | Timetravel
activities
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  • date: 2011-09-15T00:00:00 body: EP type: Committee referral announced in Parliament, 1st reading/single reading committees: body: EP responsible: False committee: EMPL date: 2011-10-05T00:00:00 committee_full: Employment and Social Affairs rapporteur: group: S&D name: CHRISTENSEN Ole body: EP shadows: group: PPE name: KOUMOUTSAKOS Georgios group: ALDE name: UGGIAS Giommaria group: Verts/ALE name: TAYLOR Keith group: ECR name: ROSBACH Anna group: GUE/NGL name: TOUSSAS Georgios responsible: True committee: TRAN date: 2011-10-11T00:00:00 committee_full: Transport and Tourism rapporteur: group: S&D name: SIMPSON Brian
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  • date: 2012-05-08T00:00:00 body: EP type: Vote in committee, 1st reading/single reading committees: body: EP responsible: False committee: EMPL date: 2011-10-05T00:00:00 committee_full: Employment and Social Affairs rapporteur: group: S&D name: CHRISTENSEN Ole body: EP shadows: group: PPE name: KOUMOUTSAKOS Georgios group: ALDE name: UGGIAS Giommaria group: Verts/ALE name: TAYLOR Keith group: ECR name: ROSBACH Anna group: GUE/NGL name: TOUSSAS Georgios responsible: True committee: TRAN date: 2011-10-11T00:00:00 committee_full: Transport and Tourism rapporteur: group: S&D name: SIMPSON Brian
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  • date: 2012-10-23T00:00:00 docs: url: http://www.europarl.europa.eu/oeil/popups/sda.do?id=21557&l=en type: Results of vote in Parliament title: Results of vote in Parliament url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P7-TA-2012-384 type: Decision by Parliament, 1st reading/single reading title: T7-0384/2012 body: EP type: Results of vote in Parliament
  • date: 2012-11-13T00:00:00 body: CSL type: Council Meeting council: Economic and Financial Affairs ECOFIN meeting_id: 3198
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  • date: 2012-11-21T00:00:00 body: CSL type: Final act signed
  • date: 2012-11-21T00:00:00 body: EP type: End of procedure in Parliament
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docs
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  • date: 2012-04-02T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE486.183 title: PE486.183 type: Amendments tabled in committee body: EP
  • date: 2012-05-02T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE480.883&secondRef=04 title: PE480.883 committee: EMPL type: Committee opinion body: EP
  • date: 2012-11-15T00:00:00 docs: url: /oeil/spdoc.do?i=21557&j=0&l=en title: SP(2012)767 type: Commission response to text adopted in plenary
  • date: 2012-11-21T00:00:00 docs: url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=ADV&RESULTSET=1&DOC_ID=[%n4]%2F12&DOC_LANCD=EN&ROWSPP=25&NRROWS=500&ORDERBY=DOC_DATE+DESC title: 00040/2012/LEX type: Draft final act body: CSL
  • date: 2018-01-10T00:00:00 docs: title: SWD(2018)0018 type: Follow-up document body: EC
  • date: 2018-01-10T00:00:00 docs: title: SWD(2018)0019 type: Follow-up document body: EC
  • date: 2011-12-12T00:00:00 docs: url: http://www.connefof.europarl.europa.eu/connefof/app/exp/COM(2011)0555 title: COM(2011)0555 type: Contribution body: IT_SENATE
  • date: 2011-11-24T00:00:00 docs: url: http://www.connefof.europarl.europa.eu/connefof/app/exp/COM(2011)0555 title: COM(2011)0555 type: Contribution body: PT_PARLIAMENT
events
  • date: 2011-09-14T00:00:00 type: Legislative proposal published body: EC docs: url: http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2011/0555/COM_COM(2011)0555_EN.pdf title: COM(2011)0555 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2011&nu_doc=555 title: EUR-Lex summary: PURPOSE: to integrate into EU law the 2010 amendments to the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STCW Convention). PROPOSED ACT: Directive of the European Parliament and of the Council. BACKGROUND: r ules on training and certification of seafarers have been agreed at an international level by means of the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STCW Convention), adopted in 1978 by conference at the International Maritime Organization (IMO), entered into force in 1984 and significantly amended in 1995. The STCW Convention has been integrated into Union law for the first time by Council Directive 94/58/EC of 22 November 1994 on the minimum level of training of seafarers. Afterwards the EU rules on training and certification of seafarers have been adapted to the subsequent amendments to the Convention, while a common EU mechanism for the recognition of the systems of training and certification of seafarers in the third countries has been set up; lately, the rules of the Union on this matter have through a recast become Directive 2008/106/EC of the European Parliament and of the Council . In 2010 a Conference between the State Parties to the STCW Convention was held in Manila and introduced several significant changes to the Convention , namely on the prevention of fraudulent practices for certificates, in the field of medical standards, in the matter of training on security and with respect to training in technology-related matters. The Manila amendments have also introduced requirements for able seafarers and established new professional profiles, such as electro-technical officers. The Manila amendments to the Convention will enter into force on 1 January 2012. From that date onwards maritime training will have to meet the new requirements. Since the EU Member States are also parties to the Convention, and none of them opposed the Manila amendments, they will have to adapt their legislation to the new text of the Convention . IMPACT ASSESSMENT: no impact assessment was carried out. As for the proposed directive, the experts of the Member States were consulted on the review exercise in a meeting which was held in Brussels on 3 December 2010. On that occasion the Member States unanimously expressed their wish that the Manila amendments should be integrated into EU law, while they considered that no overhaul of the directive should be carried out. LEGAL BASIS: Article 100(2) of the Treaty on the Functioning of the European Union. CONTENT: the objective of the present proposal is to integrate into EU law the 2010 amendments to the STCW Convention , in order in particular to avoid any conflict between the international and the EU obligations of the Member States. New rules introduced following the Manila amendments : the 2010 amendments regard both the "Regulations" annexed to the Convention and the more technical "Code", whose Part "A", as explained, is mandatory. The main amendments to the Convention, which are reflected in the present proposal, are: strengthened provisions concerning training and assessment, the issuance of certificates of competency, as well as for prevention of fraudulent practices; updated standards relating to medical fitness, fitness for duty as well as alcohol abuse; new requirements concerning certification for able seafarers, for electro-technical officers as well as security-related training for all seafarers; updated requirements for personnel on certain types of ships; clarification and simplification of the definition of "certificate". In addition, the proposal has adapted the STCW provisions on watchkeeping, in order to bring them in line with the EU rules on working time for seafarers. Deadline for the recognition of third countries : t he proposal also aims to make more realistic the current three-month deadline for the recognition of third countries currently provided for in Article 19(3) of Directive 2008/106. This deadline shall be extended to 18 months . This provision is about the timeframe available to the Commission to decide on the recognition of a third country following a request by a Member State. Providing the Commission with existing information on certificates : a potential source of accurate data is the certificates and endorsements issued by the national administrations. Currently, under the STCW Convention State Parties are obliged to maintain registers of all certificates and endorsements and the relevant revalidations or other measures affecting them. While this is an important source of data, the different formats used by each Member State do not allow for a complete picture. Therefore, the present proposal foresees a new provision requiring the Member States to provide standardised information to the Commission for the purpose of statistical analysis. The detailed content of such information is presented in a technical annex to the present proposal. Adaptation to the new rules on "comitology" : the Treaty of Lisbon has introduced significant changes to the "comitology" mechanism. Under the new Treaty the procedure for technical adaptation of the directive is governed by the rules on " delegated acts ", while the decisions on recognition of third countries by those on " implementing acts ". The present proposal contains provisions to that effect. Entry into Force and Transitional Arrangements : the amendments to the STCW Convention agreed at Manila will enter into force on 1 January 2012. Since at that point in time the present proposal will not have been adopted yet, it has been foreseen that the proposed directive should enter into force as soon as it is published in the Official Journal. The Manila agreement also includes transitional arrangements. These arrangements allow for the renewal and revalidation of certificates issued before the entry into force of the amended Convention on 1 January 2012. BUDGETARY IMPLICATIONS: this proposal has no implications for the Union budget. DELEGATED ACTS: the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission.
  • date: 2011-09-15T00:00:00 type: Committee referral announced in Parliament, 1st reading/single reading body: EP
  • date: 2011-12-12T00:00:00 type: Debate in Council body: CSL docs: url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=SMPL&ROWSPP=25&RESULTSET=1&NRROWS=500&DOC_LANCD=EN&ORDERBY=DOC_DATE+DESC&CONTENTS=3134*&MEET_DATE=12/12/2011 title: 3134 summary: The Council agreed a general approach on updating a 2008 directive defining the minimum level of training for seafarers, with a view to aligning EU legislation with recent amendments to the International Convention on Standards of Training, Certification and Watch keeping for Seafarers (STCW). The 2008 directive provides for the transposition into EU law of this Convention, which was adopted by the International Maritime Organisation (IMO) and to which all EU Member States are parties. Two delegations raised certain issues, while supporting the general approach. The first voiced its concerns regarding the requirement to send the Commission information on certificates for statistical purposes. The other delegation considered that there were legal uncertainties in the text and invited the Commission to address this problem in a future recast of the EU's STCW Directive, The amendments to the STCW agreed by the IMO in 2010, which enter into force in 2012 (with transitional arrangements until 2017), include provisions on: · updated standards for medical fitness and fitness for duty, including as regards alcohol abuse; · the establishment of the new professional profiles of "able seafarers", "electro-technical officers" and "electro-technical ratings"; · security-related training for all seafarers; · clearer and simpler definition of certificates, and · prevention of fraudulent practices relating to certificates. The draft directive incorporates these amendments into EU law, while adapting the STCW provisions on watch keeping in order to bring them into line with EU rules on working time for seafarers. In addition, the draft directive extends the time frame available to the Commission for deciding on the recognition of the training and certification systems of non-EU countries from three to eighteen months, as the three-month deadline has proved impracticable. The new text also provides for the collection of information on seafarers' certificates for statistical purposes, as a tool for policy-making in this sector.
  • date: 2012-05-08T00:00:00 type: Vote in committee, 1st reading/single reading body: EP
  • date: 2012-05-11T00:00:00 type: Committee report tabled for plenary, 1st reading/single reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A7-2012-162&language=EN title: A7-0162/2012 summary: The Committee on Transport and Tourism adopted its report relating to a Directive of the European Parliament and Council amending Directive 2008/106/EC defining the minimum level of training for seafarers. The committee recommends that the European Parliament's position, adopted at first reading following the ordinary legislative procedure, should be to amend the Commission proposal as follows: Definitions : a " passenger ship " means a ship as defined in the International Convention for the Safety of Life at Sea, 1974, as amended. A " seagoing service " means service on board a ship relevant to the issue or revalidation of a certificate of competency, certificate of proficiency or other qualification. Moreover, the definition of " electro-technical rating " is introduced. Medical fitness : an amendment clarifies that this can only be ascertained with reference to the specific duties to be performed. Rule I/8 of the International Convention on the Standards of Training, Certification & Watchkeeping ( STCW Convention) : members underline that the relevant sections of Part A of the STCW Code apply. Quality standards and systems of quality standards : these should be developed and implemented taking into account, where applicable, the Recommendation of the European Parliament and of the Council of 18 June 2009 on the establishment of a European Quality Assurance Reference Framework for Vocational Education and Training and related measures adopted by the Member States. Medical standards : the guidance given in section B-I/9 of the STCW Code should also be taken into account when establishing medical standards. Multilingualism : Members consider it essential that amendments to national and international rules on the safety of human life at sea and the protection of the marine environment are understood by all members of the crew, whatever their nationality and mother tongue. Reference should accordingly be made to the principle of multilingualism established in the Directive. Company responsibilities : companies must be able to guarantee that officers and crew have the necessary skills to operate the vessel under normal circumstances and in emergency situations. Fitness for duty : Members consider that the requirements for rest periods need to be maintained also in the case of drill . Exceptions to the required hours of rest provided for in paragraphs 4 and 5 of this Article for seafarers who are assigned duty as officer in charge of a watch or as rating forming part of a watch or those whose duties involve designated safety, prevention of pollution and security duties may be allowed in accordance with Directive 1999/63/EC , which implements an agreement between European social partners. Statistical data : the proposed amendments aim to: · reinforce the obligation on the Commission to use the data provided by Member States solely for the purpose of statistical analysis and in accordance with the data protection requirements of the Union ; · statistics elaborated should be publicly available ; · reinforces the need for data to be provided in an anonymised format , safeguarding data protection in the collection of statistics on the seafarer profession. Delegated acts : one amendment concerns bringing the legislative text up to date with the revised comitology provisions introduced in light of the Lisbon Treaty. Members propose new wording in order to better reflect the 2011 inter-institutional common understanding on delegated acts.
  • date: 2012-10-23T00:00:00 type: Results of vote in Parliament body: EP docs: url: https://oeil.secure.europarl.europa.eu/oeil/popups/sda.do?id=21557&l=en title: Results of vote in Parliament
  • date: 2012-10-23T00:00:00 type: Decision by Parliament, 1st reading/single reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P7-TA-2012-384 title: T7-0384/2012 summary: The European Parliament adopted by 619 votes to 16, with 16 abstentions, a legislative resolution on the proposal for a Directive of the European Parliament and of the Council amending Directive 2008/106/EC of the European Parliament and of the Council on the minimum level of training of seafarers. Parliament adopted its position at first reading in accordance with the ordinary legislative procedure. The amendments adopted in plenary are the result of a compromise negotiated between the European Parliament and the Council. They modify the proposal as follows: The STCW Convention: the mended text stipulates that the training and certification of seafarers is regulated by the International Maritime Organisation (IMO) Convention on Standards of Training, Certification and Watchkeeping for Seafarers 1978 (‘the ’STCW Convention‘), which entered into force in 1984 and which was significantly amended in 1995. The text also recalls the need to ensure that further delays in incorporating the Manila amendments in Union law are avoided, in order to maintain the competitiveness of seafarers from the Union as well as to uphold safety on-board ships through up-to-date training. Definitions: a " passenger ship " means a ship as defined in the International Convention for the Safety of Life at Sea, 1974, as amended. A " seagoing service " means service on board a ship relevant to the issue or revalidation of a certificate of competency, certificate of proficiency or other qualification. Moreover, the definition of " electro-technical rating " is introduced. Candidates for certification: they shall provide satisfactory proof: · of their identity · that their age is not less than that prescribed in the regulations listed in Annex I relevant to the certificate of competency of certificate of proficiency applied for; · that they meet the standards of medical fitness specific in Section A-I/9 of the STCW Code; · that they have completed the seagoing service and any related prescribed compulsory training (listed in the regulations listed in Annex I); · that they meet the standards of competence prescribed in the regulations listed in Annex I for the capacities, functions and levels that are to be identified in the endorsement of the certificate of competency. Information to the Commission: each Member State shall make available to the Commission on a yearly basis the information indicated in Annex V to this Directive on certificates of competency, endorsements attesting the recognition of certificates of competency as well as, on a voluntary basis, certificates of proficiency issued to ratings in accordance with the Annex to the STCW Convention, Prevention of fraud and other unlawful practices: Member States shall take and enforce appropriate measures to prevent fraud and other unlawful practices involving certificates and endorsements issued, and shall provide for penalties that are effective, proportionate and dissuasive. Fitness standards: each Member State shall establish standards of medical fitness for seafarers and procedures for the issue of a medical certificate, taking into account, as appropriate, Section B-I/9 of the STCW Code. Revalidation of certificates of competency and certificates of proficiency: the amended text provides that each Member State shall: i) compare the standards of competence which are required of candidates for certificates of competency issued until 1 January 2017 with those specified for the relevant certificate of competency in Part A of the STCW Code, and ii) determine the need to require the holders of such certificates of competency to undergo appropriate refresher and updating training or assessment. Fitness for duty: in accordance with Members’ wishes, the provisions in regard to rest periods shall be maintained also in the case of exercises . With due regard for the general principles of the protection of the health and safety of workers, and in line with Directive 1999/63/EC , Member States may, by means of national laws, regulations or a procedure for the competent authority, authorise or register collective agreements permitting exceptions to the required hours of rest provided that the rest period is no less than 70 hours in any seven-day period and respects the limits set out in the Directive. Such exceptions shall, as far as possible, follow the standards set out but may take account of more frequent or longer leave periods, or the granting of compensatory leave for watchkeeping seafarers or seafarers working on board ships on short voyages. Recognition of certificates of competency and certificates of proficiency: seafarers who do not possess the certificates of competency issued by Member States and/or the certificates of proficiency issued by Member States to masters and officers in accordance with Regulations V/1-1 and V/1-2 of the STCW Convention, may be allowed to serve on ships flying the flag of a Member State provided that a decision on the recognition of their certificates of competency and certificates of proficiency has been adopted through the procedures set out in this Directive. Port State control: irrespective of the flag it flies, each ship (with the exception of those types of ships excluded by Article 2), shall, while in the ports of a Member State, be subject to port State control by officers duly authorised by that Member State to verify that all seafarers serving on board who are required to hold a certificate of competency and/or a certificate of proficiency and/or documentary evidence under the STCW Convention, hold such a certificate of competency or valid dispensation and/or certificate of proficiency and/or documentary evidence. Information for statistical purposes: as called for by Parliament, amendments were adopted relating to: · strengthening the obligation on the Commission to use the information communicated to it by Member States for the purposes of statistical analysis only and in accordance with Union requirements regarding data protection;. · guaranteeing that processed statistics drawn up on the basis of such information are made publicly available in accordance with the provisions on transparency and protection of information; · strengthening the requirement to communicate anonymised data only in order to respect data protection in the context of the gathering of statistics on seafarers. Delegated acts: the Commission shall be empowered to adopt delegated acts amending Annex V to this Directive with respect to specific and relevant content and details of the information that needs to be reported by Member States provided that such acts are limited to taking into account the amendments to the STCW Convention and Code and respect the safeguards on data protection. The delegation of power shall be conferred on the Commission for a period of five years from the date of entry into force of the Directive (a period that may be extended for periods of identical duration).
  • date: 2012-11-13T00:00:00 type: Act adopted by Council after Parliament's 1st reading body: EP/CSL
  • date: 2012-11-21T00:00:00 type: Final act signed body: CSL
  • date: 2012-11-21T00:00:00 type: End of procedure in Parliament body: EP
  • date: 2012-12-14T00:00:00 type: Final act published in Official Journal summary: PURPOSE: to align the current rules of the Union on the training of seafarers with international rules on the training and certification of the latter. LEGISLATIVE ACT: Directive 2012/35/EU of the European Parliament and of the Council amending Directive 2008/106/EC on the minimum level of training of seafarers CONTENT: the Council adopted a directive defining the minimum level of training for seafarers following the approval by the European Parliament of the agreement reached in the negotiations between the two institutions. The directive aims to align EU legislation with recent amendments to the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STCW Convention). It updates the 2008 Directive on training for seafarers, which provides for the transposition of the STCW into EU law. The amendments to the STCW Convention agreed by the International Maritime Organisation (IMO) in 2010 concern in particular: · the standards for medical fitness and fitness for duty; · the establishment of new professional profiles; · security-related training; · the definition of certificates; and · the prevention of fraudulent practices relating to certificates. The new Directive incorporates these amendments into EU law, while adapting the provisions of the STCW Convention on watchkeeping in order to bring them into line with EU rules on working time for seafarers. Training: Member States must take the necessary measures to ensure that seafarers serving on ships are trained as a minimum in accordance with the requirements of the STCW Convention. Certificates of competency, certificates of proficiency and endorsements : the text stipulates that Candidates for certification shall provide satisfactory proof: · of their identity; · that their age is not less than that prescribed in the Regulations listed in Annex I relevant to the certificate of competency or certificate of proficiency applied for; · that they meet the standards of medical fitness, specified in Section A-I/9 of the STCW Code; · that they have completed the seagoing service and any related compulsory training prescribed in the Regulations listed in Annex I for the certificate of competency or certificate of proficiency applied for; and · that they meet the standards of competence prescribed in the Regulations listed in Annex I for the capacities, functions and levels that are to be identified in the endorsement of the certificate of competency. Each Member State shall undertake: · to maintain a register or registers of all certificates of competency and certificates of proficiency and endorsements for masters and officers and, where applicable, ratings which are issued, have expired or have been revalidated, suspended, cancelled or reported as lost or destroyed, as well as of dispensations issued; · to make available information on the status of certificates of competency, endorsements and dispensations to other Member States or other Parties to the STCW Convention and companies which request verification of the authenticity and validity of certificates. As of 1 January 2017, the information required shall be made available by electronic means. Information to the Commission: each Member State shall make available to the Commission on a yearly basis the information indicated in Annex V to this Directive on certificates of competency, and endorsements attesting the recognition of certificates of competency, for the purposes of statistical analysis only and exclusively for use by Member States and the Commission in policy-making. Prevention of fraud and other unlawful practices : Member States shall take and enforce appropriate measures to prevent fraud and other unlawful practices involving certificates and endorsements issued, and shall provide for penalties that are effective, proportionate and dissuasive. Medical standards : each Member State shall establish standards of medical fitness for seafarers and procedures for the issue of a medical certificate in accordance with the Directive and Section A-I/9 of the STCW Code. They shall ensure that those responsible for assessing the medical fitness of seafarers are medical practitioners recognised by that Member State for the purpose of seafarer medical examinations. Fitness for duty : for the purpose of preventing fatigue, Member States shall establish and enforce rest periods for watchkeeping personnel and those whose duties involve designated safety, security and prevention of pollution duties. All persons who are assigned duty as officer in charge of a watch or as a rating forming part of a watch, and those whose duties involve designated safety, prevention of pollution and security duties shall be provided with a rest period of not less than: · a minimum of 10 hours of rest in any 24-hour period; and · 77 hours in any seven-day period. The requirements for rest periods need not be maintained in the case of an emergency or in other overriding operational conditions. Musters, fire fighting and lifeboat drills, and drills prescribed by national laws and regulations and by international instruments , shall be conducted in a manner that minimises the disturbance of rest periods and does not induce fatigue. In this connection, it is recalled that Parliament wanted provisions on rest periods to apply also to operational exercises. With due regard for the general principles of the protection of the health and safety of workers and in line with Directive 1999/63/EC (which implements an agreement between the social partners) Member States may, by means of national laws, regulations or a procedure for the competent authority, authorise or register collective agreements permitting exceptions to the required hours of rest provided that the rest period is no less than 70 hours in any seven-day period and respects the limits set out in the Directive. Recognition of certificates of competency and certificates of proficiency : the Directive extends the timeframe available to the Commission for deciding on the recognition of the training and certification systems of non-EU countries from three to eighteen months , as the three-month deadline has proved impracticable Statistical information : the new Directive also provides for the collection of information on seafarers' certificates for statistical purposes, as a tool for policymaking in this sector. As requested by Parliament, the Directive: · requires the Commission to use the information communicated to it by Member States for the purposes of statistical analysis only and in accordance with Union requirements regarding data protection;. · guarantees that processed statistics drawn up on the basis of such information are made publicly available ; · strengthens the requirement to communicate anonymised data only in order to respect data protection in the context of the gathering of statistics on seafarers. ENTRY INTO FORCE: 03/01/2013. TRANSPOSITION: 04/07/2014 and 04/01/2015 (regarding information to the Commission). DELEGATED ACTS: the Commission is empowered to adopt delegated acts in order to gather data on the seafaring profession in line with its evolution and with that of technology. The delegation of power shall be conferred on the Commission for a period of five years from 3 January 2013 (which may be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension.) A delegated act shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act. That period shall be extended by two months at the initiative of the European Parliament or the Council. docs: title: Directive 2012/35 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32012L0035 title: OJ L 343 14.12.2012, p. 0078 url: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:L:2012:343:TOC
other
  • body: CSL type: Council Meeting council: Former Council configuration
  • body: EC dg: url: http://ec.europa.eu/dgs/transport/index_en.htm title: Mobility and Transport commissioner: KALLAS Siim
otherinst
  • name: European Economic and Social Committee
  • name: European Committee of the Regions
procedure/Mandatory consultation of other institutions
Economic and Social Committee Committee of the Regions
procedure/Modified legal basis
Old
Rules of Procedure of the European Parliament EP 150
New
Rules of Procedure EP 150
procedure/dossier_of_the_committee
Old
TRAN/7/06835
New
  • TRAN/7/06835
procedure/final/url
Old
http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32012L0035
New
https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32012L0035
procedure/instrument
Old
Directive
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  • Directive
  • Amending Directive 2008/106/EC 2007/0219(COD)
procedure/other_consulted_institutions
European Economic and Social Committee European Committee of the Regions
procedure/subject
Old
  • 3.20.03.01 Maritime safety
  • 3.20.10 Transport undertakings, transport industry employees
  • 3.20.15.06 Maritime or inland transport agreements and cooperation
  • 4.15.06 Professional qualifications, recognition of qualifications
  • 4.40.15 Vocational education and training
New
3.20.03.01
Maritime safety
3.20.10
Transport undertakings, transport industry employees
3.20.15.06
Maritime or inland transport agreements and cooperation
4.15.06
Professional qualifications, recognition of qualifications
4.40.15
Vocational education and training
procedure/summary
  • Amending Directive 2008/106/EC
2015-11-04Show (1) Changes | Timetravel
activities/0/docs/0/celexid
CELEX:52011PC0555:EN
2015-11-04Show (3) Changes | Timetravel
activities/0/docs/0/celexid
CELEX:52011PC0555:EN
activities/0/docs/0/url
Old
http://www.europarl.europa.eu/registre/docs_autres_institutions/commission_europeenne/com/2011/0555/COM_COM(2011)0555_EN.pdf
New
http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2011/0555/COM_COM(2011)0555_EN.pdf
links/European Commission/title
Old
PreLex
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EUR-Lex
2014-11-09Show (5) Changes
activities
  • date: 2011-09-14T00:00:00 docs: url: http://www.europarl.europa.eu/registre/docs_autres_institutions/commission_europeenne/com/2011/0555/COM_COM(2011)0555_EN.pdf title: COM(2011)0555 type: Legislative proposal published celexid: CELEX:52011PC0555:EN body: EC type: Legislative proposal published commission: DG: url: http://ec.europa.eu/dgs/transport/index_en.htm title: Mobility and Transport Commissioner: KALLAS Siim
  • date: 2011-09-15T00:00:00 body: EP type: Committee referral announced in Parliament, 1st reading/single reading committees: body: EP responsible: False committee: EMPL date: 2011-10-05T00:00:00 committee_full: Employment and Social Affairs rapporteur: group: S&D name: CHRISTENSEN Ole body: EP shadows: group: PPE name: KOUMOUTSAKOS Georgios group: ALDE name: UGGIAS Giommaria group: Verts/ALE name: TAYLOR Keith group: ECR name: ROSBACH Anna group: GUE/NGL name: TOUSSAS Georgios responsible: True committee: TRAN date: 2011-10-11T00:00:00 committee_full: Transport and Tourism rapporteur: group: S&D name: SIMPSON Brian
  • body: CSL meeting_id: 3134 docs: url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=SMPL&ROWSPP=25&RESULTSET=1&NRROWS=500&DOC_LANCD=EN&ORDERBY=DOC_DATE+DESC&CONTENTS=3134*&MEET_DATE=12/12/2011 type: Debate in Council title: 3134 council: Transport, Telecommunications and Energy date: 2011-12-12T00:00:00 type: Council Meeting
  • date: 2012-05-08T00:00:00 body: EP type: Vote in committee, 1st reading/single reading committees: body: EP responsible: False committee: EMPL date: 2011-10-05T00:00:00 committee_full: Employment and Social Affairs rapporteur: group: S&D name: CHRISTENSEN Ole body: EP shadows: group: PPE name: KOUMOUTSAKOS Georgios group: ALDE name: UGGIAS Giommaria group: Verts/ALE name: TAYLOR Keith group: ECR name: ROSBACH Anna group: GUE/NGL name: TOUSSAS Georgios responsible: True committee: TRAN date: 2011-10-11T00:00:00 committee_full: Transport and Tourism rapporteur: group: S&D name: SIMPSON Brian
  • body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A7-2012-162&language=EN type: Committee report tabled for plenary, 1st reading/single reading title: A7-0162/2012 type: Committee report tabled for plenary, 1st reading/single reading committees: body: EP responsible: False committee: EMPL date: 2011-10-05T00:00:00 committee_full: Employment and Social Affairs rapporteur: group: S&D name: CHRISTENSEN Ole body: EP shadows: group: PPE name: KOUMOUTSAKOS Georgios group: ALDE name: UGGIAS Giommaria group: Verts/ALE name: TAYLOR Keith group: ECR name: ROSBACH Anna group: GUE/NGL name: TOUSSAS Georgios responsible: True committee: TRAN date: 2011-10-11T00:00:00 committee_full: Transport and Tourism rapporteur: group: S&D name: SIMPSON Brian date: 2012-05-11T00:00:00
  • date: 2012-10-23T00:00:00 docs: url: http://www.europarl.europa.eu/oeil/popups/sda.do?id=21557&l=en type: Results of vote in Parliament title: Results of vote in Parliament url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P7-TA-2012-384 type: Decision by Parliament, 1st reading/single reading title: T7-0384/2012 body: EP type: Results of vote in Parliament
  • date: 2012-11-13T00:00:00 body: CSL type: Council Meeting council: Economic and Financial Affairs ECOFIN meeting_id: 3198
  • date: 2012-11-13T00:00:00 body: EP/CSL type: Act adopted by Council after Parliament's 1st reading
  • date: 2012-11-21T00:00:00 body: CSL type: Final act signed
  • date: 2012-11-21T00:00:00 body: EP type: End of procedure in Parliament
  • date: 2012-12-14T00:00:00 type: Final act published in Official Journal docs: url: http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32012L0035 title: Directive 2012/35 url: http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:L:2012:343:TOC title: OJ L 343 14.12.2012, p. 0078
committees
  • body: EP responsible: False committee: EMPL date: 2011-10-05T00:00:00 committee_full: Employment and Social Affairs rapporteur: group: S&D name: CHRISTENSEN Ole
  • body: EP shadows: group: PPE name: KOUMOUTSAKOS Georgios group: ALDE name: UGGIAS Giommaria group: Verts/ALE name: TAYLOR Keith group: ECR name: ROSBACH Anna group: GUE/NGL name: TOUSSAS Georgios responsible: True committee: TRAN date: 2011-10-11T00:00:00 committee_full: Transport and Tourism rapporteur: group: S&D name: SIMPSON Brian
links
National parliaments
European Commission
other
  • body: CSL type: Council Meeting council: Former Council configuration
  • body: EC dg: url: http://ec.europa.eu/dgs/transport/index_en.htm title: Mobility and Transport commissioner: KALLAS Siim
procedure
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TRAN/7/06835
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Economic and Social Committee Committee of the Regions
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2011/0239(COD)
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Legislation
legal_basis
Treaty on the Functioning of the EU TFEU 100-p2
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Amending Directive 2008/106/EC
instrument
Directive
Modified legal basis
Rules of Procedure of the European Parliament EP 150
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Maritime safety: minimum level of training of seafarers
type
COD - Ordinary legislative procedure (ex-codecision procedure)
final
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