REPORT on the proposal for a directive of the European Parliament and of the Council amending Directive 2008/106/EC of the European Parliament and of the Council on the minimum level of training of seafarers

9.5.2012 - (COM(2011)0555 – C7‑0246/2011 – 2011/0239(COD)) - ***I

Committee on Transport and Tourism
Rapporteur: Brian Simpson

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

on the proposal for a directive of the European Parliament and of the Council amending Directive 2008/106/EC of the European Parliament and of the Council on the minimum level of training of seafarers

(COM(2011)0555 – C7‑0246/2011 – 2011/0239(COD))

(Ordinary legislative procedure: first reading)

The European Parliament,

–   having regard to the Commission proposal to Parliament and the Council (COM(2011)0555),

–   having regard to Article 294(2) and Article 100(2) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7‑0246/2011),

–   having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

–   having regard to the opinion of the European Economic and Social Committee of 7 December 2011[1],

–   having consulted the Committee of the Regions,

–   having regard to Rule 55 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 (A7-0162/2012),

1.  Adopts its position at first reading hereinafter set out;

2.  Calls on the Commission to refer the matter to Parliament again if it intends to amend its proposal substantially or replace it with another text;

3.  Instructs its President to forward its position to the Council, the Commission and the national parliaments.

Amendment  1 Proposal for a directive Recital 1
Text proposed by the Commission	Amendment
(1) Rules on training and certification of seafarers have been agreed at an international level by means of the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers ("STCW"), adopted in 1978 by conference at the International Maritime Organization (IMO), entered into force in 1984 and significantly amended in 1995.	(1) The training and certification of seafarers is regulated by the International Maritime Organisation (IMO) Convention on Standards of Training, Certification and Watchkeeping for Seafarers 1978 ("STCW Convention"), which entered into force in 1984 and which had been significantly amended in 1995.
Justification
This wording is introduced to improve the clarity of the text.
Amendment  2 Proposal for a directive Recital 3
Text proposed by the Commission	Amendment
(3) In 2010 a Conference between the State Parties to the STCW Convention was held in Manila and introduced several significant changes to the Convention, namely on the prevention of fraudulent practices for certificates, in the field of medical standards, in the matter of training on security and with respect to training in technology-related matters. The Manila amendments have also introduced requirements for able seafarers and established new professional profiles, such as electro-technical officers.	(3) A Conference of Parties to the STCW Convention was held in Manila in 2010 and introduced significant amendments to the STCW Convention ("Manila amendments"), namely on the prevention of fraudulent practices for certificates, in the field of medical standards, in the matter of training on security including on anti-piracy practices, and with respect to training in technology-related matters. The Manila amendments have also introduced requirements for able seafarers and established new professional profiles, such as electro-technical officers.
Amendment  3 Proposal for a directive Recital 4 b (new)
Text proposed by the Commission	Amendment
	(4b) Improved training for seafarers should include all specialist categories among crew members and officers and cover proper theoretical and practical instruction on the safety of human life at sea.
Amendment  4 Proposal for a directive Recital 5
Text proposed by the Commission	Amendment
(5) At the Manila Conference the State-parties intended, amongst others, to set objective limits to the exceptions to the minimum rest hours for watchkeeping personnel and seafarers with designated safety, security and prevention of pollution related tasks. Also such new provisions should be integrated into EU law. However, they should respect the provisions on hours of rest applicable to seafarers under Council Directives 1999/63/EC of 21 June 1999 and 2009/13/EC of 16 February 2009. Furthermore, the faculty of authorising exceptions should be limited in terms of maximum duration, frequency and scope. Provisions to this effect should be introduced in the directive.	(5) European social partners have agreed on minimum hours of rest applicable to seafarers and Council Directive 1999/63/EC of 21 June 19991 has been adopted for the implementation of such agreement. Directive 1999/63/EC also allows for the possibility of authorising exceptions to the minimum hours of rest for seafarers. The faculty of authorising exceptions, however, should be limited in terms of maximum duration, frequency and scope. The Manila amendments intended, amongst others, to set objective limits to the exceptions to the minimum rest hours for watchkeeping personnel and seafarers with designated safety, security and prevention of pollution related tasks with a view to preventing fatigue. The Manila amendments should be incorporated in Directive 2008/106/EC in a manner that ensures coherence with Directive 1999/63/EC as amended by Directive 2009/13/EC of 16 February 20092.
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	1 OJ L 167, 2.7.1999., p.33.
	2 OJ L 124, 20.5.2009., p.30.
Amendment  5 Proposal for a directive Recital 5 a (new)
Text proposed by the Commission	Amendment
	(5a) Further recognising the potential danger to EU passengers and the need for protection of the marine environment, Council Directive 2009/13/EC will take effect as specified therein when the Maritime Labour Convention, 2006, enters into force.
Justification
This amendment aims at recalling that Member States will have to abide by the provisions of Council Directive 2009/13/EC of 16 February 2009 implementing the Agreement concluded by the European Community Shipowners’ Associations (ECSA) and the European Transport Workers’ Federation (ETF) on the Maritime Labour Convention, 2006 and amending Directive 1999/63/EC. As specified in its Article 7, the above-mentioned directive will enter into force on the date of entry into force of the Maritime Labour Convention, 2006.
Amendment  6 Proposal for a directive Recital 6
Text proposed by the Commission	Amendment
(6) Directive 2008/106/EC also contains a mechanism for the recognition of the systems of training and certification of seafarers of the third countries. The recognition is realised by a decision of the Commission further to a procedure within which the Commission is assisted by the European Maritime Safety Agency (the Agency) established by Regulation (EC) No 1406/2002 and by the Committee on Safe Seas and the Prevention of Pollution from Ships (COSS), established by Regulation (EC) No 2099/2002; the experience gained in applying the provisions of Directive 2008/106/EC on recognition of third countries for STCW purposes suggests that a change should be introduced in the relevant procedure, namely with respect to the three-month deadline for deciding on the recognition currently imposed on the Commission by Article 19(3) of the said Directive. Since the recognition requires an inspection to be performed by the Agency, which has to be planned and carried out, and, in most cases, significant adjustments to the STCW requirements by the involved third country, the whole process cannot be realised in three months; on the basis of experience, a more realistic time-frame in this respect appears to be eighteen months. The mentioned deadline should therefore be modified accordingly, while the possibility for the requesting Member State to provisionally recognise the third country should be kept in order to preserve flexibility.	(6) Directive 2008/106/EC also contains a mechanism for the recognition of the systems of training and certification of seafarers of the third countries. The recognition is realised by a decision of the Commission further to a procedure within which the Commission is assisted by the European Maritime Safety Agency (the Agency) established by Regulation (EC) No 1406/2002 and by the Committee on Safe Seas and the Prevention of Pollution from Ships (COSS), established by Regulation (EC) No 2099/2002; the experience gained in applying the provisions of Directive 2008/106/EC on recognition of third countries for STCW purposes suggests that a change should be introduced in the relevant procedure, namely with respect to the three-month deadline for deciding on the recognition currently imposed on the Commission by Article 19(3) of the said Directive. Since the recognition requires an inspection to be performed by the Agency, which has to be planned and carried out, and, in most cases, significant adjustments to the STCW requirements by the involved third country, the whole process cannot be realised in three months; on the basis of experience, a more realistic time-frame in this respect appears to be eighteen months. The mentioned deadline should therefore be modified accordingly, while the possibility for the requesting Member State to provisionally recognise the third country should be kept in order to preserve flexibility. Furthermore, the provisions for recognition of professional qualifications under Directive 2005/36/EC of 7 September 20051 are not applicable with regard to the recognition of certificates of seafarers under this Directive.
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	1 OJ L 255, 30.9.2005., p.22.
Justification
This amendment underlines that Directive 2008/106/EC contains a specific mechanism for the recognition of the systems of training and certification of seafarers of the third countries and that, therefore, the relevant provisions for recognition of professional qualifications under Directive 2005/36/EC are not applicable under this Directive.
Amendment  7 Proposal for a directive Recital 7
Text proposed by the Commission	Amendment
(7) Available statistics on European seafarers are incomplete and often inaccurate, which makes policy-making in this delicate sector more difficult. Detailed data on certification of seafarers can not entirely solve this problem but they would clearly help. Under the STCW Convention State Parties are obliged to maintain registers of all certificates and endorsements and the relevant revalidations or other measures affecting them (Regulation I/2(14)). Member States, under Article 11(4) of Directive 2008/106, have the obligation to maintain a register of issued certificates and endorsements. In order to have a complete as possible picture of the labour employment situation in Europe, Member States should be required to send to the Commission selected information already contained in their registers of seafarers' certificates. This information should be used for statistical purposes and be in line with the data protection requirements of the Union. A provision to that effect should be introduced in Directive 2008/106/EC.	(7) Available statistics on European seafarers are incomplete and often inaccurate, which makes policy-making in this sector more difficult. Detailed data on certification of seafarers can not entirely solve this problem but they would clearly help. Under the STCW Convention Parties are obliged to maintain registers of all certificates and endorsements and the relevant revalidations or other measures affecting them (Regulation I/2(14)). Member States, under Article 11(4) of Directive 2008/106/EC, have the obligation to maintain a register of issued certificates and endorsements. In order to have a complete as possible picture of the labour employment situation in Europe, Member States should be required to send to the Commission selected information already contained in their registers of seafarers' certificates of competency. This information should be communicated for the purposes of statistical analysis only, it may not be used for administrative, legal or verification purposes and it must be in line with the data protection requirements of the Union. A provision to that effect should be introduced in Directive 2008/106/EC.
Justification
This amendment reinforces the obligation on the Commission to use the data provided by Member States solely for the purpose of statistical analysis and in accordance with the data protection requirements of the Union.
Amendment  8 Proposal for a directive Recital 7 a (new)
Text proposed by the Commission	Amendment
	(7a) The results of the analysis of such information should be used to anticipate trends in the labour market and to support seafarers in career planning and taking advantage of available vocational education and training opportunities. These results should also contribute to the improvement of vocational education and training offered by Maritime Higher Education Institutions.
Amendment  9 Proposal for a directive Recital 8
Text proposed by the Commission	Amendment
(8) In order to gather data on the seafaring profession consistently with the evolution of the latter and of technology, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of adaptations of Annex V of Directive 2008/106/EC. Those delegated acts would regard, in particular, the content of the information on endorsements, on certificates of competency or proficiency and on the number and details of seafarers whose certificates are issued or endorsed, taking into account the safeguards on data protection indicated in the mentioned Annex. Also, the Commission should have the power to adopt delegated acts in order to establish measures for collecting, storing and analysing this kind of statistical information by Member States with a view to accommodating new statistical needs on seafarers, and with a view to gathering information up-to-date and consistent with reality. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing-up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and Council.	(8) In order to gather data on the seafaring profession consistently with the evolution of the latter and of technology, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of adaptations of Annex V of Directive 2008/106/EC. Those delegated acts would regard, in particular, the content of the information on endorsements, on certificates of competency or proficiency and on the number and details of seafarers whose certificates are issued or endorsed, taking into account the safeguards on data protection indicated in the mentioned Annex. Those delegated acts should not modify the provisions on anonymising data referred to in that Annex. Also, the Commission should have the power to adopt delegated acts in order to establish measures for collecting, submitting, storing, analysing and disseminating this kind of statistical information by Member States with a view to accommodating new statistical needs on seafarers, and with a view to gathering information up-to-date and consistent with reality. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing-up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and Council.
Justification
This amendment reinforces the need for data to be provided in an anonymised format, safeguarding data protection in the collection of statistics on the seafarer profession.
Amendment  10 Proposal for a directive Recital 8 a (new)
Text proposed by the Commission	Amendment
	(8a) The EU is the world’s principal maritime power with cutting-edge maritime expertise helping underpin its competitiveness. The quality of training for seafarers is closely linked to the EU’s competitiveness in this area and must therefore be given particular attention. It is also necessary to raise awareness of the numerous maritime professions, with a view to attracting European workers, in particular young people, to them. In order to uphold quality standards regarding training for seafarers and on European shipping, the EU should combat the proliferation of fraudulent certificates of competency.
Amendment  11 Proposal for a directive Recital 11
Text proposed by the Commission	Amendment
(11) The amendments to the Convention enter into force on 1 January 2012, while transitional arrangements until 1 January 2017 have been provided for in the Manila Agreement in order to allow for a smooth transition to the new rules. The present Directive should provide for the same timeframe and transitional arrangements.	(11) The Manila amendments were due to enter into force on 1 January 2012. However, those amendments provide for transitional arrangements until 1 January 2017. In order to allow for a smooth transition to the new rules, this Directive should provide for the same transitional arrangements.
Justification
This amendment introduces a slightly modified wording for reasons of greater clarity.
Amendment  12 Proposal for a directive Recital 11 a (new)
Text proposed by the Commission	Amendment
	(11a) The IMO Maritime Safety Committee at its 89th session noted the need for some clarification on the implementation of the 2010 Manila amendments, taking into account the abovementioned transitional provisions, on the one hand, and Resolution 4 of the STCW Conference which recognises the need for full compliance to be achieved by 1 January 2017, on the other hand. Such clarifications were provided by IMO Circulars STCW.7/Circ.16 and STCW.7/Circ.17. In particular, STCW.7/Circ.16 states that for seafarers holding certificates issued in accordance with the provisions of the STCW Convention which applied immediately prior to 1 January 2012, and who have not met the requirements of the 2010 Manila amendments, as well as for seafarers who commenced approved seagoing service, an approved education and training programme or an approved training course before 1 July 2013, the validity of any revalidated certificate should not extend beyond 1 January 2017.
Justification
This amendment brings the text up to date by including further IMO clarifications on the implementation of the 2010 Manila amendments.
Amendment  13 Proposal for a directive Recital 11 b (new)
Text proposed by the Commission	Amendment
	(11b) For the sake of uniform implementation of the Manila amendments within the Union, it is advisable that, when transposing this Directive, Member States should take into account the guidance contained in the abovementioned IMO circulars.
Justification
This amendment is in line with the previous one.
Amendment  14 Proposal for a directive Recital 11 a (new)
Text proposed by the Commission	Amendment
	(11a) Further delays in transposing the Manila amendments to the STCW Convention in European legislation should be avoided, in order to maintain the competitiveness of European seafarers as well as to uphold safety on board ships through up-to-date training of crews.
Amendment  15 Proposal for a directive Article 1 – point 1 – point a Directive 2008/106/EC Article 1 – point 18
Text proposed by the Commission Amendment "18. "Radio Regulations" means the revised radio regulations, adopted by the World Radiocommunication Conference for the Maritime Mobile Service in their up-to-date version;". "18. "Radio Regulations" means the Radio Regulations annexed to, or regarded as being annexed to, the most recent International Telecommunication Convention;".
Justification
This amendment introduces a modified wording for reasons of greater clarity.
Amendment  16 Proposal for a directive Article 1 – point 1 – point aa (new) Directive 2008/106/EC Article 1 – point 19
Text proposed by the Commission Amendment   (aa) point 19 is replaced by the following:   "'Passenger ship' means a [...] ship as defined in the International Convention for the Safety of Life at Sea, 1974, as amended."
Justification
This amendment should bring the text up to date.
Amendment  17 Proposal for a directive Article 1 – point 1 – point b Directive 2008/106/EC Article 1 – point 24
Text proposed by the Commission Amendment "24."STCW Code" means the Seafarers’ Training, Certification and Watchkeeping (STCW) Code as adopted by Resolution 2 of the 2010 STCW Conference of Parties, in its up-to-date version;". "24."STCW Code" means the Seafarers’ Training, Certification and Watchkeeping (STCW) Code as adopted by the 1995 Conference resolution 2, in its up-to-date version;".
Justification
This amendment aims to rectify the reference to the Conference.
Amendment  18 Proposal for a directive Article 1 – point 1 – point ca (new) Directive 2008/106/EC Article 1 – point 28
Text proposed by the Commission Amendment   (ca) point 28 is replaced by the following:   "28. "Seagoing service" means service on board a ship relevant to the issue or revalidation of a certificate of competency, certificate of proficiency or other qualification;"
Justification
This amendment intends to bring the text in line with the distinction between the different kinds of certificates and adds, beside issuing, the revalidation of certificates.
Amendment  19 Proposal for a directive Article 1 – point 1 – point d Directive 2008/106/EC Article 1 – point 35
Text proposed by the Commission Amendment 35. "security duties" include all security tasks and duties on board ships as defined by chapter XI/2 of the International Convention for the Safety of Life at Sea (SOLAS 1974, as amended) Convention and the International Ship and Port Facility Security (ISPS) Code; 35. "security duties" include all security tasks and duties on board ships as defined by chapter XI/2 of the International Convention for the Safety of Life at Sea (SOLAS 1974, as amended) and the International Ship and Port Facility Security (ISPS) Code;
Justification
This amendment adjusts the text linguistically.
Amendment  20 Proposal for a directive Article 1 – point 1 – point d Directive 2008/106/EC Article 1 – point 42 (new)
Text proposed by the Commission Amendment   "42."electro-technical rating" means a rating qualified in accordance with the provisions of Chapter III of Annex I."
Justification
This amendment introduces a new profile in accordance with the provisions of Chapter III of Annex I.
Amendment  21 Proposal for a directive Article 1 – point 2 Directive 2008/106/EC Article 3 – paragraph 1
Text proposed by the Commission Amendment 1. Member States shall take the measures necessary to ensure that seafarers serving on ships as referred to in Article 2 are trained as a minimum in accordance with the requirements of the STCW Convention, as laid down in Annex I to this Directive, and hold certificates as defined in Article 1(36) and (37). 1. Member States shall take the measures necessary to ensure that seafarers serving on ships as referred to in Article 2 are trained as a minimum in accordance with the requirements of the STCW Convention, as laid down in Annex I to this Directive, and hold certificates as defined in Article 1(36) and (37), and/or documentary evidence as defined in Article 1(38).
Justification
This amendment brings the paragraph in line with the requirement of documentary evidence defined in the new point 38 under Article 1.
Amendment  22 Proposal for a directive Article 1 – point 4 – point f Directive 2008/106/EC Article 5 – paragraph 11 – introductory part
Text proposed by the Commission Amendment 11. Each candidate for certification shall provide satisfactory proof: 11. Candidates for certification shall provide satisfactory proof:
Justification
The plural form must be preferred, as it includes both male and female candidates and, to this respect, avoids misunderstandings that would be possible in most linguistic versions with a singular form.
Amendment  23 Proposal for a directive Article 1 – point 4 – point f Directive 2008/106/EC Article 5 – paragraph 11 – point a
Text proposed by the Commission Amendment (a) of his identity; (a) of their identity;
Justification
The plural form must be preferred, as it includes both male and female candidates and, to this respect, avoids misunderstandings that would be possible in most linguistic versions with a singular form.
Amendment  24 Proposal for a directive Article 1 – point 4 – point f Directive 2008/106/EC Article 5 – paragraph 11 – point b
Text proposed by the Commission Amendment (b) that his age is not less than that prescribed in the regulations listed in Annex I relevant to the certificate applied for; (b) that their age is not less than that prescribed in the regulations listed in Annex I relevant to the certificate applied for;
Justification
The plural form must be preferred, as it includes both male and female candidates and, to this respect, avoids misunderstandings that would be possible in most linguistic versions with a singular form.
Amendment  25 Proposal for a directive Article 1 – point 4 – point f Directive 2008/106/EC Article 5 – paragraph 11 – point c
Text proposed by the Commission Amendment (c) that he meets the standards of medical fitness, specified in section A-I/9 of the STCW Code; (c) that they meet the prescribed standards of medical fitness as applicable to the specific duties to be performed;
Justification
The plural form must be preferred, as it includes both male and female candidates and, to this respect, avoids misunderstandings that would be possible in most linguistic versions with a singular form. In addition, it must be underlined that medical fitness can only be ascertained with reference to the specific duties to be performed.
Amendment  26 Proposal for a directive Article 1 – point 4 – point f Directive 2008/106/EC Article 5 – paragraph 11 – point e
Text proposed by the Commission Amendment (e) that he meets the standards of competence prescribed in the regulations listed in Annex I for the capacities, functions and levels that are to be identified in the endorsement to the certificate. (e) that they meet the standards of competence prescribed in the regulations listed in Annex I for the capacities, functions and levels that are to be identified in the endorsement to the certificate.
Justification
The plural form must be preferred, as it includes both male and female candidates and, to this respect, avoids misunderstandings that would be possible in most linguistic versions with a singular form.
Amendment  27 Proposal for a directive Article 1 – point 7 – point a – point i Directive 2008/106/EC Article 10 – paragraph 1 – point (a)
Text proposed by the Commission Amendment (a) all training, assessment of competence, certification, including medical certification, endorsement and revalidation activities carried out by non-governmental agencies or entities under its authority are continuously monitored through a quality standards system to ensure the achievement of defined objectives, including those concerning the qualifications and experience of instructors and assessors; (a) all training, assessment of competence, certification, including medical certification, endorsement and revalidation activities carried out by non-governmental agencies or entities under its authority are continuously monitored through a quality standards system to ensure the achievement of defined objectives, including those concerning the qualifications and experience of instructors and assessors, in accordance with the provisions of sections A-I/6 and A-I/8 of the STCW Code;
Justification
This point reproduces the text of Regulation I/8 of the STCW Convention and it should be reminded that the relevant sections of Part A of the STCW Code apply.
Amendment  28 Proposal for a directive Article 1 – point 7 – point a – point i a (new) Directive 2008/106/EC Article 10 – paragraph 1 – point b
Text proposed by the Commission Amendment   (ia) point (b) is replaced by the following:   "(b) where governmental agencies or entities perform such activities, there is a quality standards system in accordance with the provisions of sections A-I/6 and A-I/8 of the STCW Code;"
Justification
This point reproduces the text of Regulation I/8 of the STCW Convention and it should be reminded that the relevant sections of Part A of the STCW Code apply.
Amendment  29 Proposal for a directive Article 1 – point 7 – point a – point ii Directive 2008/106/EC Article 10 – paragraph 1 – point c
Text proposed by the Commission Amendment (c) education and training objectives and related quality standards of competence to be achieved are clearly defined and that the levels of knowledge, understanding and skills appropriate to the examinations and assessments required under the STCW Convention identified. The objectives and related quality standards may be specified separately for different courses and training programmes and shall cover the administration of the certification system; (c) education and training objectives and related quality standards of competence to be achieved are clearly defined and that the levels of knowledge, understanding and skills appropriate to the examinations and assessments required under the STCW Convention are identified;
Justification
The last sentence is deleted because the same text is included in Article 10 paragraph 1 point d), subparagraph 2 of Directive 2008/106/EC.
Amendment  30 Proposal for a directive Article 1 – point 7 – point a – point ii a (new) Directive 2008/106/EC Árticle 10 – paragraph 1 – subparagraph 2 a (new)
Text proposed by the Commission Amendment   (iia) the following subparagraph 2a is added:   "The quality standards and quality standards systems referred to in the first subparagraph shall be developed and implemented taking into account, where applicable, the Recommendation of the European Parliament and of the Council of 18 June 2009 on the establishment of a European Quality Assurance Reference Framework for Vocational Education and Training and related measures adopted by the Member States."
Justification
Consistency with relevant EU legislation in the field of quality assurance for vocational education and training should be ensured.
Amendment  31 Proposal for a directive Article 1 – point 8 Directive 2008/106/EC Article 11 – paragraph 1
Text proposed by the Commission Amendment 1. Each Member State shall establish standards of medical fitness for seafarers and procedures for the issue of a medical certificate in accordance with the provisions of this Article and Section A-I/9 of the STCW Code. 1. Each Member State shall establish standards of medical fitness for seafarers and procedures for the issue of a medical certificate in accordance with the provisions of this Article and Section A-I/9 of the STCW Code. The guidance given in section B-I/9 of the STCW Code should also be taken into account when establishing medical standards.
Justification
Although not compulsory for the parties to the STCW Convention, Section B-I/9 of the STCW Code gives very useful and relevant guidance for the establishment of medical standards.
Amendment  32 Proposal for a directive Article 1 – point 8 Directive 2008/106/EC Article 11 – paragraph 4 – introductory part
Text proposed by the Commission Amendment 4. Every candidate for certification shall: 4. Candidates for medical certification shall:
Justification
The plural form must be preferred, as it includes both male and female candidates and, to this respect, avoids misunderstandings that would be possible in most linguistic versions with a singular form. In addition, the word "medical" should be introduced for clarity's sake.
Amendment  33 Proposal for a directive Article 1 – point 8 Directive 2008/106/EC Article 11 – paragraph 4 – point b
Text proposed by the Commission Amendment (b) provide satisfactory proof of his identity; and (b) provide satisfactory proof of their identity; and
Justification
The plural form must be preferred, as it includes both male and female candidates and, to this respect, avoids misunderstandings that would be possible in most linguistic versions with a singular form.
Amendment  34 Proposal for a directive Article 1 – point 8 Directive 2008/106/EC Article 11 – paragraph 4 – point c
Text proposed by the Commission Amendment (c) meet the applicable medical fitness standards established by the Member State concerned. (c) meet the medical fitness standards established by the Member State concerned as applicable to the specific duties to be performed.
Justification
It must be underlined that medical fitness can only be ascertained with reference to the specific duties to be performed.
Amendment  35 Proposal for a directive Article 1 – point 9 – point c Directive 2008/106/EC Article 12 – paragraph 5
Text proposed by the Commission Amendment 5. For the purpose of updating the knowledge of masters, officers and radio operators, each Member State shall ensure that the texts of recent changes in national and international regulations concerning the safety of life at sea, security and the protection of the marine environment are made available to ships entitled to fly its flag.’. For the purpose of updating the knowledge of masters, officers and radio operators, each Member State shall ensure that the texts of recent changes in national and international regulations concerning the safety of life at sea, security and the protection of the marine environment are made available to ships entitled to fly its flag.’, ensuring that the text is available in the working language(s) of the vessel and that the provisions of Article 14(3)(b) and Article 18 concerning multilingualism are respected.
Justification
It is essential that amendments to national and international rules on the safety of human life at sea and the protection of the marine environment are understood by all members of the crew, whatever their nationality and mother tongue. Reference should accordingly be made to the principle of multilingualism established in the directive.
Amendment  36 Proposal for a directive Article 1 – point 11 – point a Directive 2008/106/EC Article 14 – paragraph 1 – point g
Text proposed by the Commission Amendment (g) at all times on board its ships there shall be effective oral communication in accordance with chapter V, regulation 14, paragraphs 3 and 4 of the SOLAS Convention. (g) at all times on board its ships there shall be effective oral communication in accordance with chapter V, regulation 14, paragraphs 3 and 4 of the SOLAS Convention as amended.
Justification
The amendment should bring the text up to date.
Amendment  37 Proposal for a directive Article 1 – point 11 – point b Directive 2008/106/EC Article 14 – paragraph 4
Text proposed by the Commission Amendment 4. Companies shall ensure that masters, officers and other personnel assigned specific duties and responsibilities on board their ro-ro passenger ships shall have completed familiarization training to attain the abilities that are appropriate to the capacity to be filled and duties and responsibilities to be taken up, taking into account the guidance given in section B-I/14 of the STCW Code. 4. Companies shall ensure that masters, officers and other personnel assigned specific duties and responsibilities on board their ro-ro passenger ships shall have completed familiarization training to attain the abilities that are appropriate to the capacity to be filled and duties and responsibilities to be taken up, so as to be able to operate the vessel in accordance with maximum security and safety standards and be able to respond to hazards and emergencies, taking into account the guidance given in section B-I/14 of the STCW Code.
Justification
Companies must be able to guarantee that officers and crew have the necessary skills to operate the vessel under normal circumstances and in emergency situations.
Amendment  38 Proposal for a directive Article 1 – point 12 Directive 2008/106/EC Article 15 – paragraph 1 – point a
Text proposed by the Commission Amendment (a) establish and enforce rest periods for watchkeeping personnel and those whose duties involve designated safety, security and prevention of pollution duties in accordance with paragraphs 3 to 15; (a) establish and enforce rest periods for watchkeeping personnel and those whose duties involve designated safety, security and prevention of pollution duties in accordance with paragraphs 3 to 13;
Justification
The Commission’s proposal under Article 15 counts 14 paragraphs in total. The numbering must be corrected in other versions (for ex. DE). Up to paragraph 13 the text includes provisions on rest periods. The 14th Paragraph provides provisions for the purpose of preventing alcohol abuse. The amendment therefore proposes a change of number 15 to 13.
Amendment  39 Proposal for a directive Article 1 – point 12 Directive 2008/106/EC Article 15 – paragraph 6
Text proposed by the Commission Amendment 6. The requirements for rest periods laid down in paragraphs 4 and 5 need not be maintained in the case of an emergency or drill or in other overriding operational conditions. Musters, fire-fighting and lifeboat drills, and drills prescribed by national laws and regulations and by international instruments, shall be conducted in a manner that minimizes the disturbance of rest periods and does not induce fatigue. 6. The requirements for rest periods laid down in paragraphs 4 and 5 need not be maintained in the case of an emergency or in other overriding operational conditions. Musters, fire-fighting and lifeboat drills, and drills prescribed by national laws and regulations and by international instruments, shall be conducted in a manner that minimizes the disturbance of rest periods and does not induce fatigue.
Justification
The requirements for rest periods need to be maintained also in the case of drill.
Amendment  40 Proposal for a directive Article 1 – point 12 Directive 2008/106/EC Article 15 – paragraph 11
Text proposed by the Commission Amendment 11. With due regard for the general principles of the protection of the health and safety of workers, Member States may authorise or register collective agreements permitting exceptions to the required hours of rest in paragraph 4(b) and 5 provided that the rest period is no less than 70 hours in any 7-day period. Such exceptions shall, in accordance with directive 1999/63/EC, as far as possible, follow the standards set out but may take account of more frequent or longer leave periods, or the granting of compensatory leave and should equally, as far as possible, take into account the guidance regarding prevention of fatigue laid down in section B-VIII/1 of the STCW Code. 11. Exceptions to the required hours of rest provided for in paragraphs 4 and 5 of this Article for seafarers who are assigned duty as officer in charge of a watch or as rating forming part of a watch or those whose duties involve designated safety, prevention of pollution and security duties may be allowed in accordance with Directive 1999/63/EC. With due regard for the general principles of the protection of the health and safety of workers, Member States may have national laws, regulations or a procedure for the competent authority to authorise or register collective agreements permitting exceptions to the required hours of rest. Such exceptions shall, as far as possible, follow the standards set out but may take account of more frequent or longer leave periods, or the granting of compensatory leave for watch-keeping seafarers or seafarers working on board ship on short voyages. However, for the purpose of preventing the danger posed by fatigue, exceptions to the minimum hours of rest provided for in paragraph 4(a) shall not be allowed and exceptions to the required hours of rest in paragraphs 4(b) and 5 shall respect the limits set in paragraphs 12 and 13. Such exceptions should equally take into account the guidance regarding prevention of fatigue laid down in section B-VIII/1 of the STCW Code.
Justification
Possible exceptions provided for under Directive 2008/106/EC must respect the relevant provisions of Directive 1999/63/EC, which implements an agreement between European social partners. Consistency of EU legislation must be ensured.
Amendment  41 Proposal for a directive Article 1 – point 12 Directive 2008/106/EC Article 15 – paragraph 13
Text proposed by the Commission Amendment 13. In the framework of possible exceptions to paragraph 5 referred to in paragraph 11, the hours of rest provided for in paragraph 4(a) may be divided into no more than three periods, one of which shall be at least 6 hours in length and neither of the two other periods shall be less than one hour in length. The intervals between consecutive periods of rest shall not exceed 14 hours. Exceptions shall not extend beyond two 24-hour periods in any 7-day period. 13. In the framework of possible exceptions to paragraph 5 referred to in paragraph 11, the minimum hours of rest in any 24-hour period provided for in paragraph 4(a) may be divided into no more than three periods of rest, one of which shall be at least 6 hours in length and neither of the two other periods shall be less than one hour in length. The intervals between consecutive periods of rest shall not exceed 14 hours. Exceptions shall not extend beyond two 24-hour periods in any 7-day period.
Justification
Clarity of the text should be improved.
Amendment  42 Proposal for a directive Article 1 – point 12 a (new) Directive 2008/106/EC Article 17 – paragraph 1 – point c
Text proposed by the Commission Amendment   (12a) In Article 17, paragraph 1, point (c) is replaced by the following:   "(c) issue the certificates of competence referred to in Article 5;"
Justification
The amendment brings in line the reference to the relevant Article of the amended Directive regarding the issue of certificates of competence.
Amendment  43 Proposal for a directive Article 1 – point 16 Directive 2008/106/EC Article 25a – paragraph 1
Text proposed by the Commission Amendment 1. The Member States shall communicate the information listed in Annex V to the Commission for statistical purposes. 1. The Member States shall communicate the information listed in Annex V to the Commission for the purposes of statistical analysis only. Such information may not be used for administrative, legal or verification purposes.
Justification
In line with recital 7, the amendment reinforces the obligation on the Commission to use the data provided by Member States solely for the purpose of statistical analysis.
Amendment  44 Proposal for a directive Article 1 – point 16 Directive 2008/106/EC Article 25a – paragraph 2
Text proposed by the Commission Amendment 2. This information shall be made available by Member States to the Commission on a yearly basis and in electronic format and will include information registered until 31 December of the previous year. 2. This information shall be made available by Member States to the Commission on a yearly basis and in electronic format and will include information registered until 31 December of the previous year. Member States shall retain all property rights to the information in its raw data format. Statistics drawn up on the basis of such information shall be publicly available.
Justification
For the sake of transparency and in order to obtain a clearer picture of the employment situation of seafarers, statistics elaborated on the seafarer profession should be publicly available.
Amendment  45 Proposal for a directive Article 1 – point 16 Directive 2008/106/EC Article 25a – paragraph 2 a (new)
Text proposed by the Commission Amendment   2a. In order to ensure the protection of personal data, Member States are required to anonymise, by using software provided or accepted by the Commission, all personal information as indicated in Annex V before transmitting it to the Commission.
Justification
This amendment strengthens the safeguard on data protection requirements of the Union.
Amendment  46 Proposal for a directive Article 1 – point 16 Directive 2008/106/EC Article 25a – paragraph 3
Text proposed by the Commission Amendment 3. The Commission shall be empowered to adopt delegated acts in accordance with Article 27a in order to establish appropriate measures for collecting, storing and analysing this information. 3. The Commission shall be empowered to adopt delegated acts in accordance with Article 27a in order to establish appropriate measures for collecting, submitting, storing, analysing and disseminating this information.
Justification
This amendment specifies further the task of the Commission. Without submitting and disseminating the statistical information, the process stays incomplete.
Amendment 47 Proposal for a directive Article 1 – point 16 Directive 2008/106/EC Article 25a – paragraph 3
Text proposed by the Commission Amendment 3. The Commission shall be empowered to adopt delegated acts in accordance with Article 27a in order to establish appropriate measures for collecting, storing and analysing this information.'. 3. The Commission shall be empowered to adopt delegated acts in accordance with Article 27a in order to establish appropriate measures for collecting, storing and analysing this information in compliance with the data protection requirements as established in EU legislation. The information, as well as the results of analyses based on it, shall be communicated, collected, stored and analysed in an anonymous format.'.
Amendment  48 Proposal for a directive Article 1 – point 17 Directive 2008/106/EC Article 27
Text proposed by the Commission Amendment The Commission shall be empowered to adopt delegated acts amending Annex V to this Directive with respect to specific and relevant content and details of the information that need to be reported by Member States, while taking into account the safeguards on data protection, in accordance with Article 27a. The Commission shall be empowered to adopt delegated acts amending Annex V to this Directive with respect to specific and relevant content and details of the information that need to be reported by Member States, while respecting the safeguards on data protection established by applicable EU legislation, in accordance with Article 27a. Such delegated acts may not change the provisions on anonymisation of data as required by paragraph 2a of Article 25a.
Justification
This amendment strengthens the safeguard on data protection requirements of the Union and is in line with the amendment on recital 8 and with the new Article 25a.
Necessary respect of data protection safeguards must be highlighted.
Amendment  49 Proposal for a directive Article 1 – point 18 Directive 2008/106/EC Article 27a – paragraph 2
Text proposed by the Commission Amendment 2. The delegation of power referred to in Article 25a and Article 27 shall be conferred on the Commission for an indeterminate period of time from the date of entry into force of this Directive. 2. The delegation of power referred to in Article 25a and Article 27 shall be conferred on the Commission for a period of five years from the date of entry into force of this Directive. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five- year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period of time from …*.   _____________   * OJ: please insert date of entry into force of this Directive.
Justification
The new 2011 inter-institutional common understanding on delegated acts requires the use of specific standard clauses which are inserted here to replace the wording of the Commission's proposal.
Amendment  50 Proposal for a directive Article 1 – point 20 Directive 2008/106/EC Article 30 – paragraph 1
Text proposed by the Commission Amendment 1. In respect of those seafarers who commenced approved seagoing service, approved education and training programme or an approved training course before 1 July 2013, a Member State may continue to issue, recognise and endorse, until 1 January 2017, certificates in accordance with the requirements of this Directive as they were before the present Directive entered into force. 1. In respect of those seafarers who commenced approved seagoing service, approved education and training programme or an approved training course before 1 July 2013, a Member State may continue to issue, recognise and endorse, until 1 January 2017, certificates of competency in accordance with the requirements of this Directive as they were before …*. Until 1 January 2017, a Member State may continue to renew and revalidate certificates and endorsements in accordance with the requirements of this Directive as they were before the present Directive entered into force.' Until 1 January 2017, a Member State may continue to renew and revalidate certificates of competency and endorsements in accordance with the requirements of this Directive as they were before …*.   _________________   * OJ: please insert date of entry into force of this Directive.
Justification
This amendment introduces a technical adaptation. Furthermore, it is in line with amendments 10 and 11 regarding the specification of certificates.
Amendment  51 Proposal for a directive Article 2 – subparagraph 2
Text proposed by the Commission	Amendment
It shall apply from 1 January 2012.	deleted
Amendment  52 Proposal for a directive Annex I Directive 2008/106/EC Annex I – Regulation III/6 – point 2.4 new
Text proposed by the Commission Amendment   2.4 meet the standards of competence specified in section A-VI/1, paragraph 2, section A-VI/2, paragraph 1 to 4, section A-VI/3 paragraph 1 to 4 and section A-VI/4 paragraphs 1 to 3 of the STCW Code.
Amendment  53 Proposal for a directive Annex I Directive 2008/106/EC Annex I – Chapter IV – title
Text proposed by the Commission Amendment RADIO COMMUNICATION AND RADIO PERSONNEL RADIO COMMUNICATION AND RADIO OPERATORS
Justification
This wording has been introduced for reasons of greater clarity.
Amendment  54 Proposal for a directive Annex I Directive 2008/106/EC Annex I – Regulation IV/1 – point 2
Text proposed by the Commission Amendment 2. Radio personnel on ships not required to comply with the provisions of the GMDSS in Chapter IV of the SOLAS 74 are not required to meet the provisions of this chapter. Radio operators on these ships are, nevertheless, required to comply with the Radio Regulations. The Administration shall ensure that the appropriate certificates as prescribed by the Radio Regulations are issued to or recognised in respect of such radio operators. 2. Radio operators on ships not required to comply with the provisions of the GMDSS in Chapter IV of the SOLAS 74 are not required to meet the provisions of this chapter. Radio operators on these ships are, nevertheless, required to comply with the Radio Regulations. Member States shall ensure that the appropriate certificates as prescribed by the Radio Regulations are issued to or recognised in respect of such radio operators.
Justification
This wording has been introduced for reasons of greater clarity.
Amendment  55 Proposal for a directive Annex I Directive 2008/106/EC Annex I – Regulation IV/2 – point 1
Text proposed by the Commission Amendment 1. Every person in charge of or performing radio duties on a ship required to participate in the GMDSS shall hold an appropriate certificate related to the GMDSS, issued or recognised by the Administration under the provisions of the Radio Regulations. 1. Every person in charge of or performing radio duties on a ship required to participate in the GMDSS shall hold an appropriate certificate related to the GMDSS, issued or recognised by the Member State under the provisions of the Radio Regulations.
Justification
This wording has been introduced for reasons of greater clarity.
Amendment  56 Proposal for a directive Annex III Directive 2008/106/EC Annex V – point 1
Text proposed by the Commission Amendment 1. Where reference is made to this Annex, the following information specified in Section A-I/2, paragraph 9 of the STCW Code for all certificates of competency or endorsements attesting their issue, all endorsements attesting the recognition of certificates of competency issued by other countries, and all certificates of proficiency issued to ratings, shall be provided: 1. Where reference is made to this Annex, the following information specified in Section A-I/2, paragraph 9 of the STCW Code for all certificates of competency or endorsements attesting their issue, all endorsements attesting the recognition of certificates of competency issued by other countries, shall be provided and where marked (*) this provision shall be in an anonymised form as required by paragraph 2a of Article 25a: Certificates of competency (CoC) / Endorsements attesting their issue (EaI): Certificates of competency (CoC) / Endorsements attesting their issue (EaI): – seafarer’s unique identifier; – seafarer’s unique identifier, if available,*; – seafarer’s name; – seafarer’s name*; – seafarer's date of birth; – seafarer's date of birth; – seafarer's nationality; – seafarer's nationality; – seafarer's gender; – seafarer's gender; – CoC endorsed number; – CoC endorsed number*; – EaI number; – EaI number*; – capacity(ies); – capacity(ies); – date of issue or the most recent date of revalidation of the document; – date of issue or the most recent date of revalidation of the document; – date of expiry; – date of expiry; – status of the certificate (valid, suspended, cancelled, reported lost, destroyed); – status of the certificate; – limitations. – limitations. Endorsements attesting the recognition of certificates of competency issued by other countries (EaR): Endorsements attesting the recognition of certificates of competency issued by other countries (EaR): – seafarer’s unique identifier; – seafarer’s unique identifier, if available,*; – seafarer’s name; – seafarer’s name*; – seafarer's date of birth; – seafarer's date of birth; – seafarer's nationality; – seafarer's nationality; – seafarer's gender; – seafarer's gender; – country issuing the original CoC; – country issuing the original CoC; – original CoC number; – original CoC number*; – EaR number; – EaR number*; – capacity(ies); – capacity(ies); – date of issue or the most recent date of revalidation of the document; – date of issue or the most recent date of revalidation of the document; – date of expiry; – date of expiry; – status; – status of the endorsement; – limitations. – limitations. Certificates of proficiency for ratings (CoP) (if available): Certificates of proficiency (CoP) issued to ratings in accordance with Chapters II, III, and VII of the Annex to the STCW Convention, such as: – seafarer’s unique identifier; – seafarer’s unique identifier, if available,*; – seafarer’s name; – seafarer’s name*; – seafarer's date of birth; – seafarer's date of birth; – seafarer's nationality; – seafarer's nationality; – seafarer's gender; – seafarer's gender; – CoP number; – CoP number*; – capacity(ies); – capacity(ies); – date of issue or the most recent date of revalidation of the document; – date of issue or the most recent date of revalidation of the document; – date of expiry; – date of expiry; – status. – status of the CoP. 2. The items of information subject to data protection legislation can be provided in an anonymised format.
Justification
The amendment is in line with the requirement of anonymised statistical data to be provided by Member States in accordance with Article 25 a, paragraph 2a and with the previous amendments introduced on this particular issue.

• [1]  OJ C 43, 15.2.2012, p. 69.

EXPLANATORY STATEMENT

Background

It is of utmost importance that crews being trained in different countries and under different systems operating onboard the same ship have the capacities needed to perform their duties in a safe manner. Training, in fact, plays an important role in maritime safety.

Training and certification of seafarers is regulated by the Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STCW Convention) which was adopted in 1978 by the International Maritime Organisation. It entered into force in 1984 and was significantly amended in 1995.

As for the structure, the Convention's introductory articles contain the general principles, the provisions on entry into force and amendment procedures. The Annexes are composed of technical "Regulations" which contain the training, qualification and certification requirements for the different positions on ships (such as "captain", "first mate", etc.), as well as the "Code" which contains in its Part "A" detailed tables with a precise description of the material skills (e.g., positioning, ship-manoeuvring, cargo-handling) and in its Part "B" a guidance on the implementation of the whole of the STCW rules. Except for Part "B" all parts of the Convention are legally binding for the State Parties.

Directive 94/58/EC of 22 November 1994 integrated for the first time minimum training for seafarers of the STCW Convention into EU law. Following subsequent amendments to the Convention, the Directive has been adapted by introducing procedures for the recognition of seafarers' certificates issued by third countries, requirements for seafarers serving onboard passenger ships and the mutual recognition of certificates issued by Member States. Finally, a recast in 2008 introduced technical amendments to make EU law more readable and adapted the EU rules to the new regulatory procedure with scrutiny (comitology). The Directive 2008/106/EC is the existing EU law right now. The final legislative act was adopted on 19 November 2008 under the co-decision procedure. The report had been drafted by the committee for transport as the main committee.

More recently, in 2010, a Conference of Parties to the STCW Convention in Manila launched a comprehensive review and introduced significant amendments to the STCW Convention ("Manila amendments") which entered into force on 1 January 2012.

The Union rules on training and certification of seafarers, should continue to be kept in line with the international rules in order to avoid a conflict between the EU commitments and the international commitments of the EU Member States who are all parties of the STCW Convention and signed up to the changes at the Manila Conference.

Commission's proposal

The main objective of the Commission's proposal, therefore, is to transpose these latest Manila amendments into EU law. The amendments regard both the "Regulations" annexed to the Convention and the more technical "Code" in its Part "A". The main amendments to the Convention, which are reflected in the Commission's proposal, are:

- Strengthened provisions concerning training and assessment, the issuance of certificates of competency, as well as for prevention of fraudulent practices;

- Updated standards relating to medical fitness, fitness for duty as well as alcohol abuse;

- New requirements concerning certification for able seafarers, for electro-technical officers as well as security-related training for all seafarers;

- Updated requirements for personnel on certain types of ships;

- Clarification and simplification of the definition of "certificate".

In addition, the proposal has

- extended the deadline for the procedure of recognition of third countries’ STCW systems from 3 to 18 months.

- adapted the STCW provisions on watchkeeping including limits to exceptions to minimum rest hours, in order to bring them in line with the EU rules on working time for seafarers;.

- introduced a requirement for the Member States to provide already existing information concerning the certificates to the Commission for statistical purposes;

The rapporteur's assessment and recommendations:

The rapporteur is of the view that the Commission's proposal is in the main an exercise in transposing the changes already agreed by the Member States to the STCW Convention at the IMO in order to bring European legislation into line with the amended STCW Convention and that therefore there is limited scope for introducin

g changes to the content of the Commission's proposal. All previous significant amendments to the STCW Convention have been transposed into EU law by means of similar Directives.

Where the rapporteur has made changes to the transposition of the "

Manila amendments", it is mainly to improve the wording of the legislative text for the sake of clarity or to bring the text up to date with latest developments.

Where the rapporteur has made a substantive change is on insisting that the requirements for rest periods need to be maintained also in the case of drill. 

One additional requirement of the proposed Directive, which is not part of the STCW Convention, is the requirement for all Member States to submit details of individual seafarers' training certification to the Commission on an annual basis in order to get a better picture of the seafarer profession in

Europe.

Here the rapporteur seeks to make the following changes:  

- To strengthen the right to protection of personal data by requesting anonymisation of seafarer data submitted by the Member States.

- To ensure the data is transmitted for the purpose of statistical analysis only.

- To ensure that the statistics elaborated on the basis of such information are made publicly available. The rapporteur strongly supports the collection of data on the seafaring profession at European level. There is a clear need for a fuller picture of the employment situation in this sector.

One other change introduced by the rapporteur is to bring the legislative text up to date with the revised comitology provisions introduced in light of the Lisbon Treaty. The rapporteur introduces new wording in order to better reflect the 2011 inter-institutional common understanding on delegated acts. The rapporteur envisages future discussions with the Council, who have made several changes in their General Approach to the delegated act provisions.

The rapporteur also takes note of the legal uncertainties in the French language between the existing and the amending Directive concerning the definition of certificate of competences and cerificate of proficiency.

It is understood that these inconsistencies need to be solved before the adoption of the political agreement, in particular through the work of the lawyer-linguists. The Commission's proposal contains a definition of certificates in the new point 36 and 37 under Article 1. The rapporteur has presented two amendments to rectify the relevant parts of the existing Directive and the Commission's proposal.

The amendments to the STCW Convention entered into force on 1st January 2012. In order to avoid any further delay in the alignment of EU law with the requirements of the

Manila amendment and to avoid causing conflict between EU obligations and the international obligations of its Member States, the rapporteur is keen to work closely with the Danish Presidency to find swift agreement. The rapporteur has introduced some amendments to the Commission's proposal in line with certain modifications proposed by the Council in its General Approach agreement.

OPINION of the Committee on Employment and Social Affairs (02.05.2012)

for the Committee on Transport and Tourism

on the proposal for a directive of the European Parliament and of the Council amending Directive 2008/106/EC of the European Parliament and the Council on the minimum level of training of seafarers
(COM(2011)0555 – C7‑0246/2011 – 2011/0239(COD))

Rapporteur: Ole Christensen

SHORT JUSTIFICATION

Training of crews onboard ships is of vital importance for the safe operation of ships at sea and in port. Common Training and certification of seafarers is regulated by the Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STCW Convention). Adopted in 1978 by the International Maritime Organisation, the Convention also covers provisions relating to watchkeeping and fitness for duty, including hours of rest, and is currently implemented in EU law through Directive 2008/106/EC.

In 2010, a Conference of Parties to the STCW Convention in Manila launched a comprehensive review and introduced significant amendments (Manila amendments) to the STCW Convention which entered into force on 1 January 2012.

The main objective of the Commission's proposal - COM (2011)0555 - is to transpose these latest amendments agreed in Manila into EU law by amending Directive 2008/106/EC. While the Transport Committee is the lead committee on the transposition of the Manila amendments, there are considerable overlaps to employment related affairs.

The opinion proposed aims at ensuring that these new EU provisions are consistent with the relevant legal framework currently in force and with pre-existing agreements between the social partners.

In this regard, in particular, the rapporteur proposes to support and strengthen the Commission's proposal as concerns the minimum hours of rest and limits to the possibilities of exemptions to the required hours of rest for watch keeping seafarers. The minimum rest period will not be less than a minimum of 10 hours in any 24-hour period and 77 hours in any 7-day period.

For the purpose of preventing the danger posed by fatigue, exceptions to the daily hourly rest period shall not be allowed. Exceptions to the required weekly rest will be allowed only under strict conditions. Thus, only if social partners in the different member states agree to a lower weekly rest period than 77 hours, is an exception from the general rule possible. This ensures coherence in regard to the provisions on working time of seafarers (Directive 1999/63/EC).

However, even in the event of collectively agreed exemptions to the minimum weekly rest period, this will not be allowed for more than two consecutive weeks and provided that the minimum rest period is no less than 70 hours in any 7 day period. In addition to this, the interval between two periods of exceptions on board shall not be less than twice the duration of the exception. Thereby, the opinion provides an absolute minimum of seafarers' hourly rest with the aim of upholding safety on board ships.

AMENDMENTS

The Committee on Employment and Social Affairs calls on the Committee on Transport and Tourism, as the committee responsible, to incorporate the following amendments in its report:

Amendment  1 Proposal for a directive Recital 4
Text proposed by the Commission	Amendment
(4) All the Member States are parties to the Convention and none of them has objected to the Manila Amendments under the procedure foreseen to that effect. Member States have therefore to align their national rules with the Manila Amendments. A conflict between the international commitments of Member States and their EU commitments should be avoided. Moreover, given the global nature of shipping, the Union rules on training and certification of seafarers, should be kept in line with international rules. Several provisions of Directive 2008/106/EC should be consequently amended in order to reflect the Manila Amendments.	(4) All the Member States are parties to the Convention and none of them has objected to the Manila Amendments under the procedure foreseen to that effect. Member States have therefore to align their national rules with the Manila Amendments. A conflict between the international commitments of Member States and their EU commitments should be avoided. Moreover, given the global nature of shipping, the Union rules on training and certification of seafarers, should be kept in line with international rules. Directive 2005/36/EC of 7 September 2005 on the recognition of professional qualifications does not offer a suitable legal framework for the purpose of setting the required standards on training and certification of seafarers. Therefore, specific EU provisions are necessary. Directive 2008/106/EC should be consequently amended in order to reflect the Manila Amendments.
Justification
The difference between the scope of Directive 2008/106/EC and Directive 2005/36/EC should be clarified.
Amendment  2 Proposal for a directive Recital 5
Text proposed by the Commission	Amendment
(5) At the Manila Conference the State-parties intended, amongst others, to set objective limits to the exceptions to the minimum rest hours for watchkeeping personnel and seafarers with designated safety, security and prevention of pollution related tasks. Also such new provisions should be integrated into EU law. However, they should respect the provisions on hours of rest applicable to seafarers under Council Directives 1999/63/EC of 21 June 1999 and 2009/13/EC of 16 February 2009. Furthermore, the faculty of authorising exceptions should be limited in terms of maximum duration, frequency and scope. Provisions to this effect should be introduced in the directive.	(5) European social partners have agreed on minimum hours of rest applicable to seafarers and Council Directive 1999/63/EC has been adopted for the implementation of such agreement. Directive 1999/63/EC also allows for the possibility of authorising exceptions to the minimum hours of rest for seafarers. At the Manila Conference the State-parties intended, amongst others, to set objective limits to the exceptions to the minimum rest hours for watchkeeping personnel and seafarers with designated safety, security and prevention of pollution related tasks, with a view to preventing fatigue. Such new provisions should be integrated into EU law in a manner that ensures coherence with Directive 1999/63/EC as amended by Directive 2009/13/EC.
Justification
Possible exceptions provided for under Directive 2008/106/EC must respect the relevant provisions of Directive 1999/63/EC, which implements an agreement between European social partners.
Amendment  3 Proposal for a directive Recital 7
Text proposed by the Commission	Amendment
(7) Available statistics on European seafarers are incomplete and often inaccurate, which makes policy-making in this delicate sector more difficult. Detailed data on certification of seafarers can not entirely solve this problem but they would clearly help. Under the STCW Convention State Parties are obliged to maintain registers of all certificates and endorsements and the relevant revalidations or other measures affecting them (Regulation I/2(14)). Member States, under Article 11(4) of Directive 2008/106, have the obligation to maintain a register of issued certificates and endorsements. In order to have a complete as possible picture of the labour employment situation in Europe, Member States should be required to send to the Commission selected information already contained in their registers of seafarers' certificates. This information should be used for statistical purposes and be in line with the data protection requirements of the Union. A provision to that effect should be introduced in Directive 2008/106/EC.	(7) Available statistics on European seafarers are incomplete and often inaccurate, which makes policy-making in this delicate sector more difficult. Detailed data on certification of seafarers can not entirely solve this problem but they would clearly help. Under the STCW Convention State Parties are obliged to maintain registers of all certificates and endorsements and the relevant revalidations or other measures affecting them (Regulation I/2(14)). Member States, under Article 11(4) of Directive 2008/106/EC, have the obligation to maintain a register of issued certificates and endorsements. In order to have a complete as possible picture of the labour employment situation in Europe, Member States should be required to send to the Commission selected information already contained in their registers of seafarers' certificates. This information should be limited to what is necessary to enable evidence-based policy-making, should be used for statistical purposes only and should be collected, stored and analysed in full compliance with the data protection requirements of the Union.
Justification
The objective of the transmission of data to the European Commission should be made clear, also for the sake of the correct application of data protection legislation.
Amendment  4 Proposal for a directive Recital 7 a (new)
Text proposed by the Commission	Amendment
	(7a) The results of the analysis of such information should be used to anticipate trends in the labour market and to support seafarers in career planning and profiting from available vocational education and training opportunities. These results should also contribute to the improvement of vocational education and training offered by Maritime Higher Education Institutions.
Amendment  5 Proposal for a directive Recital 8
Text proposed by the Commission	Amendment
(8) In order to gather data on the seafaring profession consistently with the evolution of the latter and of technology, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of adaptations of Annex V of Directive 2008/106/EC. Those delegated acts would regard, in particular, the content of the information on endorsements, on certificates of competency or proficiency and on the number and details of seafarers whose certificates are issued or endorsed, taking into account the safeguards on data protection indicated in the mentioned Annex. Also, the Commission should have the power to adopt delegated acts in order to establish measures for collecting, storing and analysing this kind of statistical information by Member States with a view to accommodating new statistical needs on seafarers, and with a view to gathering information up-to-date and consistent with reality. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing-up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and Council.	(8) In order to gather data on the seafaring profession consistently with the evolution of the latter and of technology, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of adaptations of Annex V of Directive 2008/106/EC. Those delegated acts would regard, in particular, updating provisions on the content of the information on endorsements, on certificates of competency or proficiency and on the number and details of seafarers whose certificates are issued or endorsed, taking into account the safeguards on data protection indicated in the mentioned Annex. Also, the Commission should have the power to adopt delegated acts in order to establish measures for collecting, storing and analysing this kind of statistical information by Member States with a view to accommodating new statistical needs on seafarers, and with a view to gathering information up-to-date and consistent with reality. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing-up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and Council.
Justification
Delegated acts should be limited to what is necessary to keep the information system up to date with the evolution of the seafaring sector.
Amendment  6 Proposal for a directive Recital 11 a (new)
Text proposed by the Commission	Amendment
	(11a) Further delays in transposing the Manila amendments to the STCW Convention in European legislation should be avoided, in order to keep up the competitiveness of European seafarers as well as to uphold safety on board ships through up-to-date training of crews.
Amendment  7 Proposal for a directive Article 1 – paragraph 1 – point 1 – point d (new) Directive 2008/106/EC Article 1 – point 41a (new)
Text proposed by the Commission Amendment   41a. "electro-technical rating" means a rating qualified in accordance with the provisions of Chapter III of Annex I;
Justification
A definition of "electro-technical rating" in accordance with the provisions of Chapter III of Annex I needs to be introduced.
Amendment  8 Proposal for a directive Article 1 – paragraph 1 – point 4 – point f – introductory part Directive 2008/106/EC Article 5 – paragraph 11 – introductory part
Text proposed by the Commission Amendment 11. Each candidate for certification shall provide satisfactory proof: 11. Candidates for certification shall provide satisfactory proof:
Justification
The plural form must be preferred, as it includes both male and female candidates and, to this respect, avoids misunderstandings that would be possible in most linguistic versions with a singular form.
Amendment  9 Proposal for a directive Article 1 – paragraph 1 – point 4 – point f Directive 2008/106/EC Article 5 – paragraph 11 – point a
Text proposed by the Commission Amendment (a) of his identity; (a) of their identity;
Justification
The plural form must be preferred, as it includes both male and female candidates and, to this respect, avoids misunderstandings that would be possible in most linguistic versions with a singular form.
Amendment  10 Proposal for a directive Article 1 – paragraph 1 – point 4 – point f Directive 2008/106/EC Article 5 – paragraph 11 – point b
Text proposed by the Commission Amendment (b) that his age is not less than that prescribed in the regulations listed in Annex I relevant to the certificate applied for; (b) that their age is not less than that prescribed in the regulations listed in Annex I relevant to the certificate applied for;
Justification
The plural form must be preferred, as it includes both male and female candidates and, to this respect, avoids misunderstandings that would be possible in most linguistic versions with a singular form.
Amendment  11 Proposal for a directive Article 1 – paragraph 1 – point 4 – point f Directive 2008/106/EC Article 5 – paragraph 11 – point c
Text proposed by the Commission Amendment (c) that he meets the standards of medical fitness, specified in section A-I/9 of the STCW Code; (c) that they meet the prescribed standards of medical fitness as applicable to the specific duties to be performed;
Justification
The plural form must be preferred, as it includes both male and female candidates and, to this respect, avoids misunderstandings that would be possible in most linguistic versions with a singular form. In addition, it must be underlined that medical fitness can only be ascertained with reference to the specific duties to be performed.
Amendment  12 Proposal for a directive Article 1 – paragraph 1 – point 4 – point f Directive 2008/106/EC Article 5 – paragraph 11 – point e
Text proposed by the Commission Amendment (e) that he meets the standards of competence prescribed in the regulations listed in Annex I for the capacities, functions and levels that are to be identified in the endorsement to the certificate. (e) that they meet the standards of competence prescribed in the regulations listed in Annex I for the capacities, functions and levels that are to be identified in the endorsement to the certificate.
Justification
The plural form must be preferred, as it includes both male and female candidates and, to this respect, avoids misunderstandings that would be possible in most linguistic versions with a singular form.
Amendment  13 Proposal for a directive Article 1 – paragraph 1 – point 7 – point a – point i Directive 2008/106/EC Article 10 – paragraph 1 – point (a)
Text proposed by the Commission Amendment (a) all training, assessment of competence, certification, including medical certification, endorsement and revalidation activities carried out by non-governmental agencies or entities under its authority are continuously monitored through a quality standards system to ensure the achievement of defined objectives, including those concerning the qualifications and experience of instructors and assessors; (a) all training, assessment of competence, certification, including medical certification, endorsement and revalidation activities carried out by non-governmental agencies or entities under its authority are continuously monitored through a quality standards system to ensure the achievement of defined objectives, including those concerning the qualifications and experience of instructors and assessors, in accordance with the provisions of sections A-I/6 and A-I/8 of the STCW Code;
Justification
This point reproduces the text of Regulation I/8 of the STCW Convention and it should be reminded that the relevant sections of Part A of the STCW Code apply.
Amendment  14 Proposal for a directive Article 1 – paragraph 1 – point 7 – point a – point i a (new) Directive 2008/106/EC Article 10 – paragraph 1 – point b
Text proposed by the Commission Amendment   (ia) point (b) is replaced by the following:   "(b) where governmental agencies or entities perform such activities, there is a quality standards system in accordance with the provisions of sections A-I/6 and A-I/8 of the STCW Code;"
Justification
This point reproduces the text of Regulation I/8 of the STCW Convention and it should be reminded that the relevant sections of Part A of the STCW Code apply.
Amendment  15 Proposal for a directive Article 1 – paragraph 1 – point 7 – point a – point ii Directive 2008/106/EC Article 10 – paragraph 1 – point c
Text proposed by the Commission Amendment (c) education and training objectives and related quality standards of competence to be achieved are clearly defined and that the levels of knowledge, understanding and skills appropriate to the examinations and assessments required under the STCW Convention identified. The objectives and related quality standards may be specified separately for different courses and training programmes and shall cover the administration of the certification system; (c) education and training objectives and related quality standards of competence to be achieved are clearly defined and the levels of knowledge, understanding and skills appropriate to the examinations and assessments required under the STCW Convention are identified.
Justification
The last sentence can be deleted as the same idea is included in Article 10, paragraph 1, second subparagraph, of Directive 2008/106/EC.
Amendment  16 Proposal for a directive Article 1 – paragraph 1 – point 7 – point a – point ii a (new) Directive 2008/106/EC Árticle 10 – paragraph 1 – subparagraph 2a (new)
Text proposed by the Commission Amendment   (ii a) the following subparagraph 2a is added:   "The quality standards and quality standards systems referred to in the first subparagraph shall be developed and implemented taking into account, where applicable, the Recommendation of the European Parliament and of the Council of 18 June 2009 on the establishment of a European Quality Assurance Reference Framework for Vocational Education and Training and related measures adopted by the Member States."
Justification
Consistency with relevant EU legislation in the field of quality assurance for vocational education and training should be ensured.
Amendment  17 Proposal for a directive Article 1 – paragraph 1 – point 8 Directive 2008/106/EC Article 11 – paragraph 1
Text proposed by the Commission Amendment 1. Each Member State shall establish standards of medical fitness for seafarers and procedures for the issue of a medical certificate in accordance with the provisions of this Article and Section A-I/9 of the STCW Code. 1. Each Member State shall establish standards of medical fitness for seafarers and procedures for the issue of a medical certificate in accordance with the provisions of this Article and Section A-I/9 of the STCW Code. The guidance given in section B-I/9 of the STCW Code should also be taken into account when establishing medical standards.
Justification
Although not compulsory for the parties to the STCW Convention, Section B-I/9 of the STCW Code gives very useful and relevant guidance for the establishment of medical standards.
Amendment  18 Proposal for a directive Article 1 – paragraph 1 – point 8 – introductory part Directive 2008/106/EC Article 11 – paragraph 4 – introductory part
Text proposed by the Commission Amendment 4. Every candidate for certification shall: 4. Candidates for medical certification shall:
Justification
The plural form must be preferred, as it includes both male and female candidates and, to this respect, avoids misunderstandings that would be possible in most linguistic versions with a singular form. In addition, the word "medical" should be introduced for clarity's sake.
Amendment  19 Proposal for a directive Article 1 – paragraph 1 – point 8 Directive 2008/106/EC Article 11 – paragraph 4 – point b
Text proposed by the Commission Amendment (b) provide satisfactory proof of his identity; and (b) provide satisfactory proof of their identity; and
Justification
The plural form must be preferred, as it includes both male and female candidates and, to this respect, avoids misunderstandings that would be possible in most linguistic versions with a singular form.
Amendment  20 Proposal for a directive Article 1 – paragraph 1 – point 8 Directive 2008/106/EC Article 11 – paragraph 4 – point c
Text proposed by the Commission Amendment (c) meet the applicable medical fitness standards established by the Member State concerned. (c) meet the medical fitness standards established by the Member State concerned as applicable to the specific duties to be performed.
Justification
It must be underlined that medical fitness can only be ascertained with reference to the specific duties to be performed.
Amendment  21 Proposal for a directive Article 1 – paragraph 1 – point 12 Directive 2008/106/EC Article 15 – paragraph 1 – point a
Text proposed by the Commission Amendment (a) establish and enforce rest periods for watchkeeping personnel and those whose duties involve designated safety, security and prevention of pollution duties in accordance with paragraphs 3 to 15; (a) establish and enforce rest periods for watchkeeping personnel and those whose duties involve designated safety, security and prevention of pollution duties in accordance with paragraphs 3 to 13;
Justification
A mistake in the reference to relevant paragraphs must be corrected.
Amendment  22 Proposal for a directive Article 1 – paragraph 1 – point 12 Directive 2008/106/EC Article 15 – paragraph 6
Text proposed by the Commission Amendment 6. The requirements for rest periods laid down in paragraphs 4 and 5 need not be maintained in the case of an emergency or drill or in other overriding operational conditions. Musters, fire-fighting and lifeboat drills, and drills prescribed by national laws and regulations and by international instruments, shall be conducted in a manner that minimizes the disturbance of rest periods and does not induce fatigue. 6. The requirements for rest periods laid down in paragraphs 4 and 5 need not be maintained in the case of an emergency or in other overriding operational conditions. Musters, fire-fighting and lifeboat drills, and drills prescribed by national laws and regulations and by international instruments, shall be conducted in a manner that minimizes the disturbance of rest periods and does not induce fatigue.
Justification
The text of the STCW Convention does not include drills.
Amendment   23 Proposal for a directive Article 1 – paragraph 1 – point 12 Directive 2008/106/EC Article 15 – paragraph 11
Text proposed by the Commission Amendment 11. With due regard for the general principles of the protection of the health and safety of workers, Member States may authorise or register collective agreements permitting exceptions to the required hours of rest in paragraph 4(b) and 5 provided that the rest period is no less than 70 hours in any 7-day period. Such exceptions shall, in accordance with directive 1999/63/EC, as far as possible, follow the standards set out but may take account of more frequent or longer leave periods, or the granting of compensatory leave and should equally, as far as possible, take into account the guidance regarding prevention of fatigue laid down in section B-VIII/1 of the STCW Code. 11. With due regard for the general principles of the protection of the health and safety of workers, Member States may have national laws, regulations or a procedure for the competent authority to authorise or register collective agreements permitting exceptions to the required hours of rest in accordance with directive 1999/63/EC. Such exceptions shall, as far as possible, follow the standards set out but may take account of more frequent or longer leave periods, or the granting of compensatory leave for seafarers working on board ships on short voyages. However, for the purpose of preventing the danger posed by fatigue, exceptions to the minimum hours of rest provided for in paragraph 4(a) shall not be allowed and exceptions to the required hours of rest in paragraphs 4(b) and 5 shall respect the limits set in paragraphs 12 and 13. Exceptions shall, as far as possible, take into account the guidance regarding prevention of fatigue laid down in section B-VIII/1 of the STCW Code.
Amendment  24 Proposal for a directive Article 1 – paragraph 1 – point 12 Directive 2008/106/EC Article 15 – paragraph 12
Text proposed by the Commission Amendment 12. Exceptions referred to in paragraph 11 to the weekly rest period provided for in paragraph 4(b) shall not be allowed for more than two consecutive weeks. The intervals between two periods of exceptions on board shall not be less than twice the duration of the exception. 12. Exceptions referred to in paragraph 11 to the minimum weekly rest period provided for in paragraph 4(b) shall be allowed for no more than two consecutive weeks and provided that the minimum rest period is no less than 70 hours in any 7-day period. In addition, the intervals between two periods of exceptions on board shall not be less than twice the duration of the exception.
Justification
This amendment is in line with amendment 23 to Article 1, paragraph 1, point 12 ( Article 15, paragraph 11, of Directive 2008/106/EC). In addition, the clarity of the text should be improved.
Amendment  25 Proposal for a directive Article 1 – paragraph 1 – point 12 Directive 2008/106/EC Article 15 – paragraph 13
Text proposed by the Commission Amendment 13. In the framework of possible exceptions to paragraph 5 referred to in paragraph 11, the hours of rest provided for in paragraph 4(a) may be divided into no more than three periods, one of which shall be at least 6 hours in length and neither of the two other periods shall be less than one hour in length. The intervals between consecutive periods of rest shall not exceed 14 hours. Exceptions shall not extend beyond two 24-hour periods in any 7-day period. 13. In the framework of possible exceptions to paragraph 5 referred to in paragraph 11, the minimum hours of rest in any 24-hour period provided for in paragraph 4(a) may be divided into no more than three periods of rest, one of which shall be at least 6 hours in length and neither of the two other periods shall be less than one hour in length. The intervals between consecutive periods of rest shall not exceed 14 hours. Exceptions shall not extend beyond two 24-hour periods in any 7-day period.
Justification
This amendment is in line with amendments 23 and 24 to Article 1, paragraph 1, point 12 (Article 15, paragraphs 11 and 12, of Directive 2008/106/EC). In addition, the clarity of the text should be improved.
Amendment   26 Proposal for a directive Article 1 – paragraph 1 – point 16 Directive 2008/106/EC Article 25a – paragraph 3
Text proposed by the Commission Amendment 3. The Commission shall be empowered to adopt delegated acts in accordance with Article 27a in order to establish appropriate measures for collecting, storing and analysing this information.'. 3. The Commission shall be empowered to adopt delegated acts in accordance with Article 27a in order to establish appropriate measures for collecting, storing and analysing this information in compliance with the data protection requirements as established in EU legislation. The information, as well as the results of analyses based on it, shall be communicated, collected, stored and analysed in an anonymous format.'.
Amendment  27 Proposal for a directive Article 1 – paragraph 1 – point 17 Directive 2008/106/EC Article 27
Text proposed by the Commission Amendment The Commission shall be empowered to adopt delegated acts amending Annex V to this Directive with respect to specific and relevant content and details of the information that need to be reported by Member States, while taking into account the safeguards on data protection, in accordance with Article 27a. The Commission shall be empowered to adopt delegated acts amending Annex V to this Directive with respect to specific and relevant content and details of the information that need to be reported by Member States, while respecting the safeguards on data protection established by applicable EU legislation, in accordance with Article 27a.
Justification
Necessary respect of data protection safeguards must be highlighted.

PROCEDURE

Title	Amendment to Directive 2008/106/EC of the European Parliament and the Council on the minimum level of training of seafarers
References	COM(2011)0555 – C7-0246/2011 – 2011/0239(COD)
Committee responsible        Date announced in plenary	TRAN 15.9.2011
Committee(s) asked for opinion(s)        Date announced in plenary	EMPL 15.9.2011
Rapporteur(s)        Date appointed	Ole Christensen 5.10.2011
Discussed in committee	27.3.2012	24.4.2012
Date adopted	24.4.2012
Result of final vote	+: –: 0:	37 2 0
Members present for the final vote	Edit Bauer, Heinz K. Becker, Phil Bennion, Vilija Blinkevičiūtė, Philippe Boulland, David Casa, Alejandro Cercas, Ole Christensen, Derek Roland Clark, Emer Costello, Andrea Cozzolino, Frédéric Daerden, Sari Essayah, Richard Falbr, Nadja Hirsch, Stephen Hughes, Danuta Jazłowiecka, Martin Kastler, Ádám Kósa, Veronica Lope Fontagné, Olle Ludvigsson, Thomas Mann, Elisabeth Morin-Chartier, Csaba Őry, Siiri Oviir, Rovana Plumb, Konstantinos Poupakis, Sylvana Rapti, Licia Ronzulli, Elisabeth Schroedter, Nicole Sinclaire, Joanna Katarzyna Skrzydlewska, Jutta Steinruck
Substitute(s) present for the final vote	Georges Bach, Sergio Gutiérrez Prieto, Filiz Hakaeva Hyusmenova, Jelko Kacin, Svetoslav Hristov Malinov, Ramona Nicole Mănescu

PROCEDURE

Title	Amendment to Directive 2008/106/EC of the European Parliament and the Council on the minimum level of training of seafarers
References	COM(2011)0555 – C7-0246/2011 – 2011/0239(COD)
Date submitted to Parliament	14.9.2011
Committee responsible        Date announced in plenary	TRAN 15.9.2011
Committee(s) asked for opinion(s)        Date announced in plenary	EMPL 15.9.2011
Rapporteur(s)        Date appointed	Brian Simpson 11.10.2011
Discussed in committee	29.2.2012
Date adopted	8.5.2012
Result of final vote	+: –: 0:	41 0 0
Members present for the final vote	Magdi Cristiano Allam, Inés Ayala Sender, Georges Bach, Izaskun Bilbao Barandica, Philip Bradbourn, Antonio Cancian, Philippe De Backer, Christine De Veyrac, Saïd El Khadraoui, Ismail Ertug, Carlo Fidanza, Knut Fleckenstein, Jacqueline Foster, Mathieu Grosch, Jim Higgins, Juozas Imbrasas, Dieter-Lebrecht Koch, Georgios Koumoutsakos, Werner Kuhn, Jörg Leichtfried, Bogusław Liberadzki, Eva Lichtenberger, Marian-Jean Marinescu, Gesine Meissner, Hubert Pirker, Dominique Riquet, Petri Sarvamaa, Vilja Savisaar-Toomast, Olga Sehnalová, Brian Simpson, Keith Taylor, Silvia-Adriana Ţicău, Giommaria Uggias, Thomas Ulmer, Peter van Dalen, Artur Zasada
Substitute(s) present for the final vote	Spyros Danellis, Michel Dantin, Eider Gardiazábal Rubial, Sabine Wils, Janusz Władysław Zemke
Date tabled	11.5.2012