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Maritime safety: minimum level of training of seafarers
Maritime safety: minimum level of training of seafarers
Maritime safety: minimum level of training of seafarers
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'Maritime safety: minimum level of training of seafarers'
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Maritime safety: minimum level of training of seafarers
SUMMARY OF:
Directive 2008/106/EC on the minimum level of training of seafarers
WHAT IS THE AIM OF THE DIRECTIVE?
KEY POINTS
Scope
This directive applies to seafarers serving on board seagoing ships flying the flag of an EU country, with the exception of:
Training
The directive sets out the rules on training and the standards of competence to be met by seafarers who are candidates for the issue or revalidation of certificates that allow them to perform the functions for which the relevant certificate of competency or proficiency is issued.
The categories of seafarer to which these rules relate are:
For certain categories of vessel, such as tankers and ro-ro passenger ships, there are special rules and mandatory minimum requirements concerning their training and qualifications of seafarers. The directive also lays down rules on education and training in the management of emergency situations, fire-fighting and the supply of medical aid, as well as for crew members responsible for catering services.
Certificates of competency, certificates of proficiency and endorsements
Certificates must be issued by the competent authorities of EU countries to permit holders to serve as stated in the document or as authorised by national regulations. These documents are issued to candidates who meet the national standards for physical fitness (particularly regarding eyesight and hearing) and who provide satisfactory proof of identity, age, service at sea and skills (ability, task and level).
EU countries may issue separate certificates for radio operators.
Holders of certificates are required to prove, at regular intervals, that they still meet the standards for skills and professional competence.
Endorsements may be included in certificates or may be issued separately. Certificates may use the format contained in the STCW code (Section A-I/2) or may depart from it (in which case they must, as a minimum, include the information required in the format). Any seafarer on board must be able to produce the original copy of their certificate. EU countries must also apply the necessary measures to prevent and penalise fraud and other illegal practices concerning the certification procedure.
Amending Directive 2012/35/EU introduced a requirement for EU countries to:
Penalties and disciplinary measures
EU countries must establish the necessary processes and procedures to carry out an impartial investigation in cases of incompetence, acts or omissions that may pose a direct threat to the safety of human life, the safety of goods at sea or the marine environment. Penalties or disciplinary measures are to be provided for and applied where:
Monitoring and evaluation of training
EU countries must ensure that:
Rest periods for watchkeeping personnel
In order to prevent fatigue amongst watchkeeping personnel, which is very often the cause of accidents at sea, there are rules concerning minimum rest periods.
All who are assigned duty as officer in charge of a watch, or as a rating that forms part of a watch, must be allowed at least 10 hours of rest in any 24-hour period. This may be divided into no more than two periods, one of which must be at least 6 hours long. In addition, amending Directive 2012/35/EU requires that such officers or ratings have 77 hours of rest in any 7-day period.
Dispensations
In circumstances of exceptional necessity, competent authorities may issue a dispensation permitting a given seafarer to serve on a given vessel for a specified period not exceeding 6 months. This would be in a capacity for which the seafarer does not hold the appropriate certificate as long as their qualifications are sufficient to guarantee normal safety conditions.
EU country responsibilities
EU countries must designate the authorities or bodies that are to:
On-board communication
To enhance maritime safety and prevent loss of human life and maritime pollution, communication among crew members on board ships sailing in EU waters must be improved.
A common working language must be established on board all passenger ships flying the flag of an EU country and on board all passenger ships starting and/or finishing a voyage in an EU country’s port. In the case of oil, chemical or liquefied gas tankers, the directive requires that the master, officers and ratings be able to communicate with each other in one or several common working languages.
Port state control
EU countries can monitor seafarers serving on any ship using their ports, irrespective of the flag it flies, in particular to verify that all seafarers who are required to be certified by the STCW convention are. They must ensure that the relevant rules and procedures laid down in Directive 2009/16/EC on port state control are applied.
In some cases, it is necessary to assess the ability of seafarers to maintain watchkeeping standards as required by the convention (verification of certificates). This is especially necessary where a ship using an EU port flying the flag of a country which has not ratified the STCW convention has been used in such a way as to present a danger for persons, goods or the environment, or has a master, officer or rating holding a certificate issued by a non-EU country which has not ratified the convention. In other cases, crew members may be asked to provide an on-the-spot demonstration of their competence.
The directive specifies the grounds on which a vessel may be detained, such as lack of training or working conditions of the crew, where it has been established that these inadequacies represent a danger for goods, persons or the environment.
In 2015, the European Commission published a list of non-EU countries recognised as far as the systems for training and certification of seafarers. Since then, Ethiopia, Fiji, Oman and Montenegro have been added to this list.
FROM WHEN DOES THE DIRECTIVE APPLY?
Directive 2008/106/EC has applied since 23 December 2008. It revised and replaced Directive 2001/25/EC that itself repealed Directive 94/58/EC. Directive 94/58/EC had to become law in the EU countries by 31 December 1995.
Amending Directive 2012/35/EU has applied since 3 January 2013. It had to become law in the EU countries by 4 July 2014.
BACKGROUND
For more information, see:
MAIN DOCUMENT
Directive 2008/106/EC of the European Parliament and of the Council of 19 November 2008 on the minimum level of training of seafarers (recast) (OJ L 323, 3.12.2008, pp. 33-61)
Successive amendments to Directive 2008/106/EC have been incorporated in the original text. This consolidated version is of documentary value only.
RELATED DOCUMENTS
Commission Implementing Decision (EU) 2018/501 of 22 March 2018 on the recognition of the Sultanate of Oman pursuant to Directive 2008/106/EC of the European Parliament and of the Council as regards the systems for training and certification of seafarers (OJ L 82, 26.3.2018, pp. 15-16)
Commission Implementing Decision (EU) 2017/1412 of 1 August 2017 on the recognition of Fiji pursuant to Directive 2008/106/EC of the European Parliament and of the Council as regards the systems for training and certification of seafarers (OJ L 202, 3.8.2017, pp. 6-7)
Commission Implementing Decision (EU) 2017/1239 of 6 July 2017 on the recognition of Ethiopia pursuant to Directive 2008/106/EC of the European Parliament and of the Council as regards the systems for training and certification of seafarers (OJ L 177, 8.7.2017, pp. 43-44)
Commission Implementing Decision (EU) 2017/727 of 23 March 2017 on the recognition of Montenegro pursuant to Directive 2008/106/EC of the European Parliament and of the Council as regards the systems for training and certification of seafarers (OJ L 107, 25.4.2017, pp. 31-32)
last update 17.12.2018