Activities of Dominique MARTIN related to 2018/0162(COD)
Shadow opinions (1)
OPINION on the proposal for a directive of the European Parliament and of the Council amending Directive 2008/106/EC on the minimum level of training of seafarers and repealing Directive 2005/45/EC
Amendments (11)
Amendment 16 #
Proposal for a directive
Recital 5
Recital 5
(5) Directive 2008/106/EC also contains a centralised mechanism for the recognition of seafarers' certificates issued by third countries. The Regulatory Fitness Programme (REFIT)14 evaluation showed that significant cost savings for the Member States were achieved since the introduction of the centralised mechanism. However, the evaluation also revealed that, with regard to some of the recognised third countries, only a very limited number of seafarers was subsequently employed in Union vessels. Therefore, in order to use the available human and financial resourcesdministration in the fight against unemployment in a more efficient way, the procedure for the recognition of third countries should be based on an analysis of the need for such recognition, including an particular after estimation ofng the number of masters and officers originating from that country whowho are EU citizens and are likely to be employed in Union vessels. __________________ 14 SWD(2018)19. SWD(2018)19.
Amendment 17 #
Proposal for a directive
Recital 6 a (new)
Recital 6 a (new)
(6a) Where fraud or any risk to security linked to a training course has been detected in relation to a specific non- European third country, a 5-year invalidity period is to be applied in respect of all documents originating from that third country. Recognitions that have permitted non-European third-country nationals to be employed on European vessels are to be invalidated, making jobs available for seafarers who are EU nationals.
Amendment 18 #
Proposal for a directive
Recital 7
Recital 7
(7) In order to further increase the efficiency of the centralised system for the recognition of third countries, the reassessment of third countries which provide low number of seafarers (10) in the Union fleet should be performed in longer intervals which should be increased to ten years. However, this longer period of reassessment of the system of such third countries should be combined with priority criteria which take into account safety concerns, balancing the need for efficiency with an effective safeguard mechanism in case of deterioration of the quality of seafarers' training provided in the relevant third countries.
Amendment 27 #
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2008/106/CE
Article 5 b – paragraph 5 a (new)
Article 5 b – paragraph 5 a (new)
5a. The Commission, together with the European Maritime Safety Agency (EMSA), shall annually draw up a list of recognised Third Countries containing the list of seafarers eligible to serve on a vessel flying the flag of a Member State of the Union.
Amendment 29 #
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2008/106/EC
Article 5 b – point 7 a (new)
Article 5 b – point 7 a (new)
7a. Member States shall ensure that European citizens with adequate training shall enjoy priority access to employment on vessels operating from and to the European Union or under the flag of a Member State of the European Union.
Amendment 30 #
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2008/106/EC
Article 5 b – point 7 b (new)
Article 5 b – point 7 b (new)
7b. Member States shall draw up a list of unemployed European citizens with adequate training with a view to access to employment on vessels.
Amendment 31 #
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2008/106/EC
Article 5 b – point 7 c (new)
Article 5 b – point 7 c (new)
7c. As long as there exist a number of qualified European unemployed persons, each Member State may refuse to recognise a certificate of an equivalent level of a non-European citizen if the training has been carried out in Europe and must refuse to recognise a non- European certificate of a non-European citizen.
Amendment 32 #
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2008/106/EC
Article 5 b – point 7 d (new)
Article 5 b – point 7 d (new)
7d. Member States should keep the list of their needs and job offers for seafarers updated.
Amendment 36 #
Proposal for a directive
Article 1 – paragraph 1 – point 6 – point a
Article 1 – paragraph 1 – point 6 – point a
Directive 2008/106/EC
Article 19 – paragraph 2 – subparagraph 1
Article 19 – paragraph 2 – subparagraph 1
A Member State which intends to recognise, by endorsement, the certificates of competency or the certificates of proficiency referred to in paragraph 1 issued by a third country to a master, officer or radio operator, for service on ships flying its flag, shall submit a request to the Commission for the recognition of that third country, accompanied by a preliminary analysis of the third country's compliance with the requirements of the STCW Convention by collecting the information referred to in Annex II, including an estimation of the number of masters and officers from that country likely to be employed and the number of qualified European citizens seeking a job of the same type. Employers of non-European foreigners must contribute to the training of European citizens and unemployed persons in proportion to the number of foreign workers employed. The Member State shall therefore inform the Commission of the measures put in place to train more European citizens through a contribution paid by the industry. All shipowners and vessels accessing EU ports shall be affected by this contribution.
Amendment 43 #
Proposal for a directive
Article 1 – paragraph 1 – point 6 – point b
Article 1 – paragraph 1 – point 6 – point b
Directive 2008/106/EC
Article 19 – paragraph 3 a (new)
Article 19 – paragraph 3 a (new)
3a. All shipowners and vessels accessing EU ports must pay their employees wages and social contributions at least equivalent to the wages and mandatory contributions according to the codes and conventions applicable in the Member State of destination. The European Agency shall verify that all vessels that are checked sailing the flag of a third country concerned by the application for recognition comply with this rule. If this is not the case, the Commission may not grant recognition until the third country has proved that the shipowners at fault have complied.
Amendment 47 #
Proposal for a directive
Article 1 – paragraph 1 – point 8 – point b
Article 1 – paragraph 1 – point 8 – point b
Directive 2008/106/EC
Article 21 – paragraph 2 – point 8 – point b – point f a (new)
Article 21 – paragraph 2 – point 8 – point b – point f a (new)
(fa) the number of jobs occupied by foreign, non-European citizens which could be given to European citizens.