The European Parliament adopted by 646 votes to 24, with 25 abstentions, a legislative resolution on the proposal for a directive of the European Parliament and of the Council amending Directive (EU) 2017/2397 as regards the transitional measures for the recognition of third countries certificates.

The purpose of the proposal is to amend the transitional provisions of Directive (EU) 2017/2397 on the recognition of professional qualifications in inland navigation to cover certificates of qualification, service record books and logbooks issued by third countries.

However, apart from the Rhine navigation licences referred to in Directive 96/50/EC, those transitional measures do not apply to the certificates of qualification, service record books and logbooks issued by third countries that are currently recognised by Member States under their national requirements established before the entry into force of the Directive or their international agreements.

Consequently, from 17 January 2022, third country documents will be recognised in the EU only once the Commission has adopted an implementing act under the Directive granting recognition in the EU to the documents issued by that third country.

In order to ensure a smooth transition to the system of recognition of third country documents provided for in Directive (EU) 2017/2397, the proposed amendment provides for transitional measures that allow third countries the necessary time to align their requirements with those of that Directive, as well as to allow the Commission to assess their certification systems and, if necessary, to adopt an implementing act under that Directive.

The European Parliament's position adopted at first reading under the ordinary legislative procedure amends the Commission's proposal as follows.

Recognition

Any certificate of qualification, service record book or logbook that has been issued in accordance with the national rules of a third country laying down requirements that are identical to those in Directive (EU) 2017/2397 should be valid on all Union inland waterways, subject to the procedure and the conditions laid down in that Directive.

Transitional provisions

Until 17 January 2032, Member States may continue to recognise, on the basis of their national requirements, or international agreements, applicable before 16 January 2018, certificates of qualification, service record books and logbooks that have been issued by a third country before 18 January 2024 . The recognition should be limited to the inland waterways on the territory of the Member State concerned.

Member States where inland navigation is technically impossible should not be obliged to transpose the Directive. This derogation should apply to the Directive, mutatis mutandis .

PURPOSE: to amend the transitional provisions of Directive (EU) 2017/2397 on the recognition of professional qualifications in inland navigation to cover certificates of qualification, service record books and logbooks issued by third countries.

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

ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council.

BACKGROUND: Directive (EU) 2017/2397 lays down transitional measures concerning the certificates of qualification, service record books and logbooks issued before 18 January 2022 (the day following the expiry of the period for the transposition of the Directive). In general, the documents concerned remain valid on the EU inland waterways for which they were valid before that date, for a maximum of 10 years.

However, apart from the Rhine navigation licences referred to in Directive 96/50/EC, those transitional measures do not apply to the certificates of qualification, service record books and logbooks issued by third countries that are currently recognised by Member States under their national requirements established before the entry into force of the Directive or their international agreements.

Consequently, from 17 January 2022, third country documents will be recognised in the EU only once the Commission has adopted an implementing act under the Directive granting recognition in the EU to the documents issued by that third country.

Given that the procedure for recognition of third country documents is based on the assessment of the certification systems in the requesting third country, it is unlikely that the recognition procedure will be completed before 17 January 2022.

The Commission therefore considers it necessary to introduce transitional provisions applicable to third country documents recognised in certain Member States before 18 January 2022, in order to ensure a smooth transition to the system of recognition of third country documents provided for in Directive (EU) 2017/2397 and to avoid any disruption of the labour market in the inland waterway transport sector.

CONTENT: the proposal provides for the possibility for Member States to continue to recognise third country documents based on their national requirements established before the entry into force of Directive (EU) 2017/2397 (16 January 2018). The recognition should be limited to inland waterways situated in the territory of the Member State concerned and should not apply beyond 17 January 2032. The scope of this transitional measure could only cover documents issued by a third country before the cut-off date (18 January 2023).

The proposed amendment clarifies that certificates of qualification issued by a third country in exchange for the certificates covered by the transitional arrangements should be valid on all inland EU waterways, provided that the third country concerned has obtained recognition in accordance with Directive (EU) 2017/2397 and that the requirements for the exchange applied by that third country have been found to be identical to those laid down in the Directive with regard to the Member States.