51997AP0174

A4-0174/97

Proposal for a Council Directive amending Directive 94/58/EC on the minimum level of training of seafarers (COM(96)0470 - C4-0550/96 - 96/0240(SYN))

The proposal was approved with the following amendments:

(Amendment 1)

Title

>Original text>

Council Directive amending Directive 94/58/EC on the minimum level of training of seafarers

>Text following EP vote>

Council Directive replacing Directive 94/58/EC on the minimum level of training of seafarers

(Amendment 2)

Recital 1a (new)

>Text following EP vote>

Whereas for reasons of clarity and legal certainty Council Directive 94/58/EC should be replaced by this Directive in order to constitute a single, consolidated text;

(Amendment 3)

Recital 3a (new)

>Text following EP vote>

Whereas, in the interests of safety at sea, Member States should recognize qualifications proving the required level of training only where these are issued by or on behalf of Parties to the STCW Convention which have been identified by the IMO Committee on Maritime Safety at Sea as having shown to have given, and still to be giving, full effect to the standards set out in that Convention;

(Amendment 4)

Recital 5a (new)

>Text following EP vote>

Whereas Member States may, in compliance with Article 2 of this Directive, establish higher minimum standards than those imposed therein;

(Amendment 5)

Recital 5b (new)

>Text following EP vote>

Whereas the standards of training for the award of vocational competence certificates to seafarers vary from one Member State to another; whereas 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;

(Amendment 6)

Recital 5c (new)

>Text following EP vote>

Whereas the mutual recognition of diplomas and certificates provided for under the general Directives does not always ensure a standardized level of training for all seafarers serving on board vessels flying the flag of a Member State; whereas this is, however, vital from the viewpoint of maritime safety;

(Amendment 7)

Recital 5d (new)

>Text following EP vote>

Whereas there should be, at EU level, a policy for attracting young people to the maritime profession; whereas a European institute for the training of seafarers should be set up, as an essential means for promoting safety at sea by providing highly qualified seafarers for the maritime industry in general; whereas an action programme along these lines should be established as soon as possible;

(Amendment 8)

Recital 6

>Original text>

Whereas in order to prepare the proposal required under Article 9(3) of Council Directive 94/58/EC, it was appropriate to wait for the approval by the IMO Conference of 26 June - 7 July 1995 of the revised STCW Convention which, inter alia, introduces provisions dealing with the recognition of certificates at international level;

>Text following EP vote>

Deleted

(Amendment 9)

ARTICLE 1(2), 6th indent a (new)

Article 4(m) (Directive 94/58/EC)

>Text following EP vote>

- paragraph (m) is replaced by the following text:

>Text following EP vote>

'(m) 'ships flying the flag of a Member State¨ means a ship registered in and flying the flag of a Member State in accordance with its legislation. Ships not corresponding to this definition are assimilated to ships flying the flag of a third country;'

(Amendment 10)

ARTICLE 1(2a) (new)

Article 4a (new) (Directive 94/58/EC)

>Text following EP vote>

2a. The following Article is inserted:

'Article 4a

STCW Code

>Text following EP vote>

1. The provisions of Part A of the STCW Code, as in force at the time of adoption of this Directive, shall, in order to give effect to the provisions of this Directive, enter into force for all Member States on the same date and in the same manner as this Directive.

>Text following EP vote>

2. The guidance contained in Part B of the STCW Code shall be taken into account by all Member States as of the date of entry into force of this Directive.¨

(Amendment 11)

ARTICLE 1(3)

Article 5a(1) (Directive 94/58/EC)

>Original text>

1. Member States may introduce standards of education and training lower than those provided in this Directive in respect of near-coastal voyages. In so doing they shall not impose training, experience or certification requirements on the seafarers serving on board the ships entitled to fly the flag of another Member State and engaged on such voyages in a manner resulting in more stringent requirements for such seafarers than for seafarers serving on board ships entitled to fly its own flag. In no case shall Member States impose requirements in respect of seafarers serving on board ships flying the flag of another Member State in excess of those of the Directive in respect of ships not engaged on near-coastal voyages.

>Text following EP vote>

1. Member States may introduce exemptions from standards of education and training provided for in this Directive in respect of near- coastal voyages, in application of and in addition to Regulation II/3 of the STCW Convention. In so doing they shall not impose training, experience or certification requirements on the seafarers serving on board the ships entitled to fly the flag of another Member State and engaged on such voyages in a manner resulting in more stringent requirements for such seafarers than for seafarers serving on board ships entitled to fly its own flag. In no case shall Member States impose requirements in respect of seafarers serving on board ships flying the flag of another Member State in excess of those of the Directive in respect of ships not engaged on near-coastal voyages.

(Amendment 12)

ARTICLE 1(3)

Article 5a(4) (Directive 94/58/EC)

>Original text>

4. Member States before deciding on the definition of near-coastal voyages and the conditions of education and training required thereof in accordance with the requirements of this Article shall communicate to the Commission the details of the provisions intended to be adopted. Such conditions may only be adopted by Member States if they are approved in accordance with the procedure laid down in Article 13.

>Text following EP vote>

4. Member States, upon deciding on the definition of near-coastal voyages and the conditions of education and training required thereof in accordance with the requirements of this Article, shall communicate to the Commission the details of the provisions to be adopted.

(Amendment 13)

ARTICLE 1(3)

Article 5b(4) (Directive 94/58/EC)

>Original text>

4. Member States within whose jurisdiction there is located any company which, or any person who, is believed on clear grounds to have been responsible for or to have knowledge of, any apparent non- compliance with the Directive specified in paragraph 3, shall extend cooperation to any Member State or, subject to reciprocity, third country which advises them of its intention to initiate proceedings under its jurisdiction.

>Text following EP vote>

4. Member States within whose jurisdiction there is located any company which, or any person who, is believed on clear grounds to have been responsible for or to have knowledge of, any apparent non- compliance with the Directive specified in paragraph 3, shall extend cooperation to any Member State or third country which advises them of its intention to initiate proceedings under its jurisdiction.

(Amendment 14)

ARTICLE 1(3)

Article 5c(4) (Directive 94/58/EC)

>Original text>

4. In applying the provisions of this Article, Member States shall take into account the provisions of section B-I/8 of the STCW Code.

>Text following EP vote>

4. In applying the provisions of this Article, Member States shall take into account the recommendations provided in section B-I/8 of the STCW Code.

(Amendment 15)

ARTICLE 1(3)

Article 5d(1) (Directive 94/58/EC)

>Original text>

1. Member States shall establish standards of medical fitness for seafarers, particularly regarding eyesight and hearing.

>Text following EP vote>

1. Member States shall establish standards of medical fitness for seafarers, particularly regarding eyesight and hearing, appropriate to the function, responsibilities or duties to be carried out.

(Amendment 16)

ARTICLE 1(3)

Article 5d(2) (Directive 94/58/EC)

>Original text>

2. Member States shall ensure that certificates are issued only to candidates who comply with the requirements of this Article.

>Text following EP vote>

2. Member States shall ensure that certificates are issued only to candidates who comply with the requirements of this Article and the relevant provisions of the STCW Convention.

(Amendment 17)

ARTICLE 1(3)

Article 5d(4)(b) (Directive 94/58/EC)

>Original text>

(b) make available information on the status of such certificates, endorsements and dispensations to other Member States or, subject to reciprocity, third countries and companies which request verification of the authenticity and validity of certificates produced to them by seafarers seeking recognition of their certificates under the provisions of Article 9 or employment on board ship.

>Text following EP vote>

(b) make available information on the status of such certificates, endorsements and dispensations to other Member States or third countries and companies which request verification of the authenticity and validity of certificates produced to them by seafarers seeking recognition of their certificates under the provisions of Article 9 or employment on board ship.

(Amendment 19)

ARTICLE 1(3)

Article 5g(1)(ea) (new) (Directive 94/58/EC)

>Text following EP vote>

(ea) commencement times of voyages take account of the requirements of Article 5i regarding fitness for duty.

(Amendment 18)

ARTICLE 1(3)

Article 5g (2a) (new) (Directive 94/58/EC)

>Text following EP vote>

2a. All employers who employ seafarers in a workplace in any Member State of the European Union shall comply with their obligations concerning the health and safety of workers under Community and national health and safety law.

(Amendment 20)

ARTICLE 1(3)

Article 5i(4) (Directive 94/58/EC)

>Original text>

4. The requirements for rest periods laid down in paragraphs 1 and 2 need not be maintained in the case of an emergency or drill or in other overriding operational conditions.

>Text following EP vote>

4. The requirements for rest periods laid down in paragraphs 1 and 2 need not be maintained in the case of an emergency or drill or in other overriding operational conditions, which should be construed as essential work on board ship which cannot be delayed for environmental or safety reasons or which could not reasonably have been anticipated at the commencement of the voyage.

(Amendment 22)

ARTICLE 1(4), 3rd indent

Article 7(2)(c) (Directive 94/58/EC)

>Original text>

(c) Instructors, supervisors and assessors are appropriately qualified for the particular types and levels of training or assessment of competence of seafarers either on board or ashore.

>Text following EP vote>

(c) Instructors, supervisors and assessors are certificated to perform their duties and appropriately qualified for the particular types and levels of training or assessment of competence of seafarers either on board or ashore.

(Amendment 23)

ARTICLE 1(4a) (new)

Article 8(1) (Directive 94/58/EC)

>Text following EP vote>

4a. Article 8(1) is replaced by the following:

"1. notwithstanding the provisions of paragraphs 2 and 4, on board all ships flying the flag of a Member State, there are means in place at all times for effective oral communication related to safety between all members of the ship's company, particularly with regard to the correct and timely reception and understanding of messages and instructions.¨

(Amendment 24)

ARTICLE 1(4b) (new)

Article 8(1a) (new) (Directive 94/58/EC)

>Text following EP vote>

4b. In Article 8 the following paragraph 1a is inserted:

>Text following EP vote>

"1a. on all passenger ships flying the flag of a Member State and on all passenger ships starting and/or finishing a voyage in a Member State port, to ensure effective crew performance in safety matters, a working language is established and recorded in the ship's log. The company, or the master, as appropriate, shall determine the appropriate language. Each seafarer shall be required to understand and, where appropriate, give orders and instructions and report back in that language.

>Text following EP vote>

If the working language is not an official language of the flag Member State, all plans and lists required to be displayed shall include translations into the working language.¨

(Amendment 25)

ARTICLE 1(4c) (new)

Article 8(3) and (4) (Directive 94/58/EC)

>Text following EP vote>

4c. Article 8(3) and (4) are replaced by the following:

"3. on board oil tankers, chemical tankers and liquefied gas tankers flying the flag of a Member State, the master, officers and ratings are able to communicate with each other in a common working language/languages.

>Text following EP vote>

4. when carrying out Port State control under the provisions of Directive 95/21/EC, ships flying the flag of a State other than a Member State also comply with this Article.¨

(Amendment 26)

ARTICLE 1(5)

Article 9(3)(a)(1)(v), 3rd indent (Directive 94/58/EC)

>Original text>

- completed an approved Automatic Radar Plotting Aid (ARPA) simulator course, if the endorsement attesting recognition is to be valid for service on ARPA equipped ships,

>Text following EP vote>

- for services which so require, completed an approved Automatic Radar Plotting Aid (ARPA) simulator course, if the endorsement attesting recognition is to be valid for service on ARPA equipped ships,

(Amendment 27)

ARTICLE 1(5)

Article 9(3)(a)(2)(i), 1st indent (Directive 94/58/EC)

>Original text>

- accommodation and facilities which establish a teaching, study and learning environment suited to the conduct of approved maritime education and training programmes and courses,

>Text following EP vote>

- facilities which establish a teaching, study and learning environment suited to the conduct of approved maritime education and training programmes and courses,

(Amendment 28)

ARTICLE 1(5)

Article 9(3)(a)(3a) (new) (Directive 94/58/EC)

>Text following EP vote>

3a. Full compliance with the criteria and requirements stated in points 1, 2 and 3 of this Article falls under the sole responsibility of the third country issuing the certificates. If recognition of such certificates is granted by the Member State which is the flag State, all necessary steps should be taken to ensure that the certificate-issuing Party is in compliance with the STCW Convention.

(Amendment 29)

ARTICLE 1(5a) (new)

Article 9a (new) (Directive 94/58/EC)

>Text following EP vote>

5a. The following Article is inserted:

'Article 9a

Member States shall take the appropriate measures and shall impose the appropriate penalties in cases where the competent port authorities of the Member States establish during an inspection that the masters, officers and ratings are unable to furnish proof of vocational competence for the duties assigned to them relating to the safety of the ship and the avoidance of pollution of the environment."

(Amendment 30)

ARTICLE 1(6)

Article 10a(3), second indent a (new) (Directive 94/58/EC)

>Text following EP vote>

- a pilot or port authority has informed the competent authority that there are deficiencies regarding a crew which may prejudice the safe navigation of the ship or the safety of the ship.

(Amendment 31)

ARTICLE 1(7)

Article 12(1) (Directive 94/58/EC)

>Original text>

7. In Article 12(1) the words 'and (s)" are replaced by the words "(s) and (y)".

>Text following EP vote>

7. Article 12 is replaced by the following text:

>Text following EP vote>

"1. This Directive may be amended in accordance with the procedure laid down in Article 13, in order to apply, for the purposes of this Directive, subsequent amendments to the international conventions and codes referred to in Article 4 (p) (q), (r), (u), (w), (x) and (y) which have entered into force.

>Text following EP vote>

2. This Directive may also be amended in accordance with the procedure laid down in Article 189c of the Treaty, at 5-yearly intervals, in order to apply, for the purposes of this Directive, the outcome and recommendations of an evaluation of procedures and criteria for the recognition of certificates of third countries referred to in Annex Ia.

>Text following EP vote>

3. Following the adoption of new instruments or protocols to the STCW Convention referred to in Article 4 (u), the Council, acting in accordance with Article 189c of the Treaty, shall decide, taking into account the Member States' parliamentary procedures, as well as the relevant procedures within the IMO, on the detailed arrangements for ratifying those new instruments or protocols, while ensuring that they are applied uniformly and simultaneously in the Member States.¨

(Amendment 32)

Annex, Chapter I(1)

>Original text>

1. The regulations referred to in this Annex

are supplemented by the mandatory provisions contained in part A of the STCW Code as adopted by the IMO Conference of 26 June - 7 July 1995 as in force at (1997).

>Text following EP vote>

1. The regulations referred to in this Annex are supplemented by the mandatory provisions contained in part A of the STCW Code as adopted by the IMO Conference of 26 June - 7 July 1995 as in force at (1997).

>Original text>

1. 1. any reference to a requirement in a regulation also constitutes a reference to the corresponding section of part A of the STCW Code;

>Text following EP vote>

Deleted

>Original text>

1. 2. in applying the regulations, the related guidance and explanatory material contained in part B of the STCW Code shall be taken into account to the greatest degree possible in order to achieve a more uniform implementation of the Directive provisions.

>Text following EP vote>

Deleted

(Amendment 33)

Annex, Chapter VI, Regulation VI/1

>Original text>

Seafarers shall receive familiarization and basic safety training or instruction in accordance with section A-VI/1 of the STCW Code and shall meet the appropriate standard of competence specified therein.

>Text following EP vote>

Seafarers shall receive familiarization and basic safety training or instruction in accordance with section A-VI/1 of the STCW Code, Article 12 of Council Directive 89/391/EEC and the employer's training obligations under other health and safety directives. Seafarers shall meet the appropriate standard of competence specified in these texts.

(Amendment 34)

Annex, Chapter VIII

Regulation VIII/1(2)(da) (new)

>Text following EP vote>

(da) officers in charge of the navigational watch who are required to leave the navigating bridge in connection with other duties, or at the completion of a watch, shall not do so until relieved by another officer taking charge of the navigational watch and after a proper handover of the watch has been completed.

(Amendment 35)

Annex Ia (new)

>Text following EP vote>

Annex Ia

PROCEDURES AND CRITERIA FOR THE RECOGNITION OF CERTIFICATES OF THIRD COUNTRIES

>Text following EP vote>

A Member State may only recognize and endorse appropriate seafarers' certificates, issued by third countries, for service on board ships flying its flag, if all of the following conditions are fulfilled:

>Text following EP vote>

1. Appropriate certificates presented for recognition must have been issued by a Party to the STCW Convention.

>Text following EP vote>

2. The third country that issues the appropriate certificate must have been identified by the Maritime Safety Committee of the International Maritime Organization as having demonstrated that full and complete effect is given to the provisions of the STCW Convention.

>Text following EP vote>

3. 1 If the requirement of paragraph 2 has not been met, the third country shall communicate to the Member State and, if appropriate, to the IMO, information concerning:

>Text following EP vote>

(a) texts of laws, decrees, orders, regulations and instruments relating to the implementation of the STCW Convention;

>Text following EP vote>

(b) full details of the content and duration of study courses, including a clear statement of the education, training, examination, competency assessment and certification policies adopted;

>Text following EP vote>

(c) national examination and other requirements for each type of certificate issued in compliance with the STCW Convention;

>Text following EP vote>

(d) full details of the content and duration of refresher and updating training, and its assessment;

>Text following EP vote>

(e) a sufficient number of specimen certificates issued in compliance with the STCW Convention;

>Text following EP vote>

(f) information on governmental organization;

>Text following EP vote>

(g) a concise explanation of the legal and administrative measures provided and taken to ensure compliance particularly concerning training and assessment, and issue and registration of certificates;

>Text following EP vote>

(h) a concise outline of the procedures followed to authorize, accredit or approve training and examinations, and competency assessments required by the STCW Convention, the conditions attached thereto, and a list of the authorizations , accreditation and approvals granted.

>Text following EP vote>

3. 2. The Member State shall compare the facts reported in the information with all relevant requirements of the STCW Convention to ensure that full and complete effect is given to the provisions of the STCW Convention.

>Text following EP vote>

4. 1 The Member State shall confirm, through all necessary measures, which may include inspection of facilities and procedures, that the requirements concerning the standard of competence, the issue and endorsement of certificates and record-keeping are fully complied with and a quality standards system has been established.

>Text following EP vote>

4. 2 The Member State shall ensure that an undertaking is agreed with the third country concerned that prompt notification will be given of any significant change in the arrangements for training and certification provided in compliance with the STCW Convention.

>Text following EP vote>

5. Member States, through the procedure laid down in Article 13, shall adopt and update a list containing the names of third countries where, in addition to the procedure referred to in paragraph 3.2, the inspection of facilities and procedures referred to in paragraph 4.1 is mandatory.

>Text following EP vote>

6. Member States, in accordance with the provisions of paragraph 5, which proceed to accredit or approve a maritime institute or training course, shall in doing so apply the criteria given.

>Text following EP vote>

7. Certificates presented for recognition must bear, be accompanied by, or incorporate in their wording a valid endorsement attesting their issue by the above party.

>Text following EP vote>

8. Member States shall establish measures to ensure that seafarers who present for recognition certificates for functions at management level have an appropriate knowledge of the maritime legislation of the Member States, relevant to the functions they are permitted to perform.

>Text following EP vote>

9. Certificates and endorsements issued by a Member State under the provisions of this Annex in recognition of, or attesting the recognition of, a certificate issued by a third country, may not be used as the basis for further recognition by another Member State.

Legislative resolution embodying Parliament's opinion on the proposal for a Council Directive amending Directive 94/58/EC on the minimum level of training of seafarers (COM(96)0470 - C4-0550/96 - 96/0240(SYN))

(Cooperation procedure: first reading)

The European Parliament,

- having regard to the Commission proposal to the Council, COM(96)0470 - 96/0240(SYN) ((OJ C 367, 5.12.1996, p. 1.)),

- having been consulted by the Council pursuant to Articles 84(2) and 189c of the EC Treaty (C4-0550/96),

- having regard to Rule 58 of its Rules of Procedure,

- having regard to the report of the Committee on Transport and Tourism and the opinion of the Committee on Employment and Social Affairs (A4-0174/97),

1. Approves the Commission proposal, subject to Parliament's amendments;

2. Calls on the Commission to alter its proposal accordingly, pursuant to Article 189a(2) of the EC Treaty;

3. Calls on the Council to incorporate Parliament's amendments in the common position that it adopts in accordance with Article 189c(a) of the EC Treaty;

4. Instructs its President to forward this opinion to the Council and Commission.