Directive 2001/25/EC of the European Parliament and of the Council of 4 April 2001 on the minimum level of training of seafarers
Modified by
Directive 2002/84/EC of the European Parliament and of the Councilof 5 November 2002amending the Directives on maritime safety and the prevention of pollution from ships(Text with EEA relevance), 302L0084, November 29, 2002
Directive 2003/103/EC of the European Parliament and of the Councilof 17 November 2003amending Directive 2001/25/EC on the minimum level of training of seafarers(Text with EEA relevance), 303L0103, December 13, 2003
Commission Directive 2005/23/ECof 8 March 2005amending Directive 2001/25/EC of the European Parliament and of the Council on the minimum level of training of seafarers(Text with EEA relevance), 305L0023, March 9, 2005
Directive 2001/25/EC of the European Parliament and of the Councilof 4 April 2001on the minimum level of training of seafarersTHE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 80(2) thereof,Having regard to the proposal from the Commission,Having regard to the opinion of the Economic and Social CommitteeOJ C 14, 16.1.2001, p. 41.,Having consulted the Committee of the Regions,Acting in accordance with the procedure referred to in Article 251 of the TreatyEuropean Parliament opinion of 12 December 2000 (not yet published in the Official Journal) and Council Decision of 12 March 2001.,Whereas:(1)Council Directive 94/58/EC of 22 November 1994 on the minimum level of training of seafarersOJ L 319, 12.12.1994, p. 28. Directive as amended by Directive 98/35/EC (OJ L 172, 17.6.1998, p. 1). has been substancially amendedSee Annex III, Part B.. In the interests of clarity and rationality, it should therefore be consolidated.(2)Actions to be taken at Community level in the field of maritime safety and pollution prevention at sea should be in line with internationally agreed rules and standards.(3)In its conclusions of 25 January 1993 on maritime safety and pollution prevention in the Community, the Council noted the importance of the human element in the safe operation of ships.(4)In its resolution of 8 June 1993 on a common policy on safe seasOJ C 271, 7.10.1993, p. 1., the Council set the objective of removing substandard crews and gave priority to Community action aiming at enhancing training and education by developing common standards for minimum training levels of key personnel, including the question of a common language on board Community vessels.(5)In its resolution of 24 March 1997OJ C 109, 8.4.1997, p. 1. on a new strategy to increase the competitiveness of Community shipping the Council sought to promote the employment of Community seafarers and shore-based personnel. To that end the Council agreed that action should be undertaken to help Community shipping to continue striving for high quality and improve its competitiveness by ensuring the continued high-quality training of Community seafarers of all ranks and of shore-based personnel.(6)The standards of training for the award of vocational competency certificates to seafarers vary from one Member State to another. Such a diversity of national laws in the area of training covered by this Directive does not ensure the consistent level of training required in the interests of maritime safety.(7)Council Directives 89/48/EECOJ L 19, 24.1.1989, p. 16. and 92/51/EECOJ L 209, 24.7.1992, p. 25. Directive as last amended by Commission Directive 2000/5/EC (OJ L 54, 26.2.2000, p. 42). on the general system for the recognition of professional education and training apply to maritime occupations covered by this Directive. They will help promote compliance with the obligations laid down in the Treaty abolishing obstacles to the free movement of persons and services between Member States.(8)The mutual recognition of diplomas and certificates provided for under the general system Directives does not always ensure a standardised level of training for all seafarers serving on board vessels flying the flag of a Member State. This is, however, vital from the viewpoint of maritime safety.(9)It is therefore essential to define a minimum level of training for seafarers in the Community. It is appropriate that the action in this field should be based on the standards of training already agreed at international level, namely the International Maritime Organisation (IMO) Convention on Standards of Training, Certification and Watch-keeping for Seafarers, 1978 (STCW Convention), as revised in 1995; all Member States are Parties to that Convention.(10)Member States may establish standards higher than the minimum standards laid down in the STCW Convention and this Directive.(11)The Regulations of the STCW Convention set out in Annex I to this Directive should be supplemented by the mandatory provisions contained in Part A of the STCW Code. Part B of the STCW Code contains recommended guidance intended to assist Parties to the STCW Convention and those involved in implementing, applying or enforcing its measures to give the Convention full and complete effect in uniform manner.(12)For the enhancement of maritime safety and pollution prevention at sea provisions on minimum rest periods for watchkeeping personnel should be established in this Directive in accordance with the STCW Convention. Those provisions should be applied without prejudice to the provisions of Council Directive 1999/63/EC of 21 June 1999 concerning the Agreement on the organisation of working time of seafarers concluded by the European Community Shipowners' Association (ECSA) and the Federation of Transport Workers's Unions in the European Union (FST)OJ L 167, 2.7.1999, p. 33..(13)In order to enhance maritime safety and prevent loss of human life and maritime pollution, communication among crew members on board ships sailing in Community waters should be improved.(14)Personnel on board passenger ships nominated to assist passengers in emergency situations should be able to communicate with the passengers.(15)Crews serving on board tankers carrying noxious or polluting cargo should be capable of coping efficiently with accident prevention and emergency situations. It is paramount that a proper communication link between the master, officers and ratings is esablished, covering the requirements provided for in Article 17.(16)Measures should be taken to ensure that seafarers holding certificates issued by third countries have a level of competence commensurate with that required by the STCW Convention.(17)In order to attain this objective, common criteria should be defined for the recognition of foreign certificates in the Community. The establishment of common criteria for the Member States' recognition of certificates issued by third countries should be based on the training and certification requirements as agreed in the framework of the STCW Convention.(18)In the interests of safety at sea, Member States should recognise qualifications proving the required level of training only where these are issued by or on behalf of Parties to the STCW Convention which have been identified by the IMO Maritime Safety Committee (MSC) as having been shown to have given, and still to be giving, full effect to the standards set out in that Convention. To bridge the time gap until the MSC has been albe to carry out such identification, a procedure for the preliminary recognition of certificates is needed.(19)Where appropriate, maritime institutes, training programmes and courses should be inspected. Criteria for such inspection should therefore be established.(20)A committee should be established to assist the Commission in carrying out the tasks related to the exercise of the recognition of certificates issued by training institutes or administrations of third countries.(21)Member States, as port authorities, are required to enhance safety and prevention of pollution in Community waters through priority inspection of vessels flying the flag of a third country which has not ratified the STCW Convention, thereby ensuring no more favourable treatment to vessels flying the flag of a third State.(22)It is appropriate to include in this Directive provisions on port State control, pending the amendment of Council Directive 95/21/EC of 19 June 1995 concerning the enforcement, in respect of shipping using Community ports and sailing in the waters under the jurisdiction of the Member States, of international standards for ship safety, pollution prevention and shipboard living and working conditions (port State control)OJ L 157, 7.7.1995, p. 1. Directive as last amended by Commission Directive 1999/97/EC (OJ L 331, 23.12.1999, p. 67). in order to transfer to that Directive the provisions on port State control which are included in Articles 17(f), 19, 20 and 21 of this Directive.(23)It is necessary to provide for procedures for adapting this Directive to changes in international conventions and codes.(24)The measures necessary for the implementation of this Directive should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the CommissionOJ L 184, 17.7.1999, p. 23..(25)The Council should review Annex II in the light of the experience gained in applying this Directive, acting on a proposal to be submitted by the Commission within five years of 25 May 2003.(26)Until 1 February 2002 Member States should be allowed to accept on their ships seafarers holding certificates issued in accordance with the provisions which applied before 1 February 1997, the date of entry into force of the revised STCW Convention, provided that those seafarers began their service or training before 1 August 1998.(27)This Directive should be without prejudice to the obligations of the Members States concerning the time-limits for transposition of the Directives set out in Annex III, Part B,HAVE ADOPTED THIS DIRECTIVE: