Activities of Lucy ANDERSON related to 2018/0162(COD)
Shadow reports (1)
REPORT 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 PDF (259 KB) DOC (111 KB)
Amendments (21)
Amendment 16 #
Proposal for a directive
Recital 1
Recital 1
(1) In order to maintain a high level of maritime safety and pollution prevention at sea, it is essential to improve the level of knowledge and skills of the Union seafarers by developing maritime training and certification in line with the international rules, as well as to take further action to enhance the European maritime skills base through the provision of advanced training and development opportunities for Union seafarers.
Amendment 24 #
Proposal for a directive
Recital 6 a (new)
Recital 6 a (new)
(6a) In order to ensure the right of all seafarers to decent employment and to limit distortions of competition in the internal market, the recognition of seafarers' certificates issued by third countries should be conditional upon the ratification of the international Maritime Labour Convention by said third countries.
Amendment 25 #
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 in the Union fleet should be performed in longer intervals which should be increased to tseven 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,and other relevant concerns, in particular 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 28 #
Proposal for a directive
Recital 8
Recital 8
(8) Information on the seafarers employed from third countries has become available at Union level through the communication by the Member States of the relevant information kept in their national registers regarding issued certificates and endorsements. This information should be used not only for statistical and policy making purposes but also for the purpose of improving the efficiency of the centralised system recognising third countries. Based on the information communicated by the Member States, recognised third countries which have not provided the Union fleet with seafarers for a period of at least five years shall be re-examined and may be, if necessary, withdrawn from the list of recognised third countries. In addition, this information shall be also used in order to prioritise the reassessment of the recognised third countries.
Amendment 32 #
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2008/106/EC
Article 5 a
Article 5 a
For the purposes of paragraph 8 of Article 20, paragraph 2 of Article 21 and for use by the Member States and the Commission in policy-making, Member States shall submit to the Commission, on a yearly basis, the information referred to in Annex V to this Directive on certificates of competency and endorsements attesting the recognition of certificates of competency. They may also provide, on a voluntary basis,Member States shall also submit the information on certificates of proficiency issued to ratings in accordance with Chapters II, III and VII of the Annex to the STCW Convention."
Amendment 33 #
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2008/106/EC
Article 5 b – paragraph 1
Article 5 b – paragraph 1
1. Every Member State shall accept Certificates of Proficiency and Documentary evidence issued by another Member State, or under its authority, for the purpose of allowing seafarers to serve on-board its fleet. The initial decision regarding the acceptance of such certificates or evidence shall be issued within one month of receipt of the request and supporting documentation.
Amendment 35 #
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2008/106/EC
Article 5 b – paragraph 2
Article 5 b – paragraph 2
2. Every Member State shall recognise Certificates of Competency issued by another Member State or Certificates of Proficiency issued by another Member State to masters and officers in accordance with Regulations V/1-1 and V/1-2 of Annex I, by endorsing that certificate to attest its recognition. The endorsement attesting the recognition, shall be limited to the capacities, functions and levels of competency or proficiency prescribed therein. The endorsement shall only be issued if all requirements of the STCW Convention have been complied with, in accordance with paragraph 7 of Regulation I/2 of the STCW Convention. The form of the endorsement used shall be that set out in paragraph 3 of Section A-I/2 of the STCW Code.
Amendment 36 #
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2008/106/EC
Article 5 b – paragraph 4
Article 5 b – paragraph 4
4. Member States shall ensure that seafarers have the right to appeal against any refusal to endorse or accept a valid certificate, or the absence of any response, in accordance with national legislation and procedures and that seafarers shall be provided with adequate advice and assistance free of charge regarding such appeals.
Amendment 39 #
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2008/106/EC
Article 5 b – paragraph 7 a (new)
Article 5 b – paragraph 7 a (new)
7a. Member States shall, with the assistance of the Commission and the involvement of social partners, develop a mutually recognised European Maritime Diploma of Excellence providing advanced training for seafarers above and beyond the requirements of the STCW Convention in order further to enhance the European maritime skills base.
Amendment 40 #
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2008/106/EC
Article 5 b – paragraph 7 b (new)
Article 5 b – paragraph 7 b (new)
7b. By...[insert date five years after entry into force] the Commission shall submit to the European Parliament and the Council an evaluation of the impact of mutual recognition of seafarers’ training and qualifications on the employment and skills of European seafarers, including proposals for further action in the light of that evaluation.
Amendment 47 #
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, following consultations with appropriate social partners in that Member State, 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. In addition to the preliminary analysis on compliance, the Member State shall submit a reasoned estimation of the number of masters and, officers and radio operators from that country likely to be employed, together with information on the results of social partner consultations.
Amendment 49 #
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 international Maritime Labour Convention and 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.
Amendment 55 #
When a positive decision for initiating the recognition procedure has been adopted, the Commission, assisted by the European Maritime Safety Agency and with the possible involvement of the Member State submitting the request and any other affected Member States, shall collect the information referred to in Annex II and shall carry out an assessment of the training and certification systems in the third country for which the request for recognition was submitted, in order to verify whether the country concerned meets all the requirements of the STCW Convention and whether appropriate measures have been taken to prevent issuance of fraudulent certificates.
Amendment 56 #
Proposal for a directive
Article 1 – paragraph 1 – point 6 – point a a (new)
Article 1 – paragraph 1 – point 6 – point a a (new)
Directive 2008/106/EC
Article 19 – paragraph 1
Article 19 – paragraph 1
(aa) In Article 19, paragraph 1 is amended as follows: 1. Seafarers who do not possess the certificates referred to in Article 4 may be allowed to serve on ships flying the flag of a Member State, provided that a decision on the recognition of their appropriate certificates has been adopted through the procedure set out in paragraphs 2 to 6 of this Article. lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2008:323:0033:0061:EN:PDF and that the third country covered by the recognition procedure has ratified the International Maritime Labour Convention. Or. fr https://eur-
Amendment 58 #
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 – subparagraph 2
Article 19 – paragraph 3 – subparagraph 2
In case the third country concerned needs to implement major corrective actions, including amendments to its legislation, its education, training and certification system in order to meet the requirements of the STCW Convention, the decision can be adopted within 360 months from the adoption of a positive decision referred to in paragraph 2.
Amendment 60 #
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 – subparagraph 3
Article 19 – paragraph 3 – subparagraph 3
The Member State submitting the request may decidetogether with accompanying analysis and information in accordance with paragraph 2 may apply to the Commission for provisional authorisation to recognise the third country unilaterally until a final decision is taken under this paragraph. The Commission shall decide on such an application without delay and it shall not be refused without proper justification. In case such a unilateral recognition takes place, the Member State shall communicate to the Commission the number of endorsements attesting recognition issued in relation to certificates of competency and certificates of proficiency referred to in paragraph 1, issued by the third country until the final decision on its recognition is adopted.
Amendment 62 #
8. If there are no endorsements attesting recognition issued by a Member State in relation to certificates of competency or certificates of proficiency, referred to in paragraph 1 of Article 19, issued by a third country for a period of more than 5 years, the recognition of that country's certificates shall be re-examined and may be, if necessary, withdrawn. To this end, the Commission shall adopt implementing decisions, in accordance with the examination procedure referred to in Article 28(2), after notifying the Member States as well as the third country concerned at least twofour months in advance.
Amendment 66 #
Proposal for a directive
Article 1 – paragraph 1 – point 8 – point a
Article 1 – paragraph 1 – point 8 – point a
Directive 2008/106/EC
Article 21 – paragraph 1
Article 21 – paragraph 1
1. The third countries that have been recognized under the procedure referred to in the first subparagraph of Article 19(3), including those referred to in Article 19(6), shall be reassessed by the Commission, with the assistance of the European Maritime Safety Agency, on a regular basis and at least within tseven years of the last assessment, to verify that they fulfil the relevant criteria set out in Annex II and whether the appropriate measures have been taken to prevent issuance of fraudulent certificates.
Amendment 68 #
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 d
Article 21 – paragraph 2 – point d
(d) the number of seafarers’ training and development programs approved by the third country;
Amendment 69 #
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 f a (new)
Article 21 – paragraph 2 – point f a (new)
(fa) the overall numbers of seafarers provided by the third country to the Union fleet, and the level of training and qualifications of those seafarers;
Amendment 70 #
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 f b (new)
Article 21 – paragraph 2 – point f b (new)
(fb) information concerning education and training standards in that third country provided by any concerned authorities or other stakeholders.