The Official Journal of the European Union, OJEU, published on December, 3rd, the Directive 2008/106/EC, of the European Parliament and the Council on the minimum level of training of seafarers. This new Directive recasts Directive 2001/25/EC for reasons of clarity, after the significant amendments made to it.

In order to maintain and develop the level of knowledge and skills in the maritime sector in the Community, a major concern of the Commission is to pay appropriate attention to maritime training and the status of seafarers in the Community. A consistent level of training for the award of vocational competency certificates to seafarers should therefore be ensured in the interests of maritime safety, and it is essential to define a minimum level of training for seafarers in the Community.

That minimum level should be based on the standards of training already agreed at international level, namely the International Maritime Organisation (IMO) Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978 (STCW Convention), as revised in 1995, to which all Member States are Parties to.

The Directive will apply to the seafarers serving on board seagoing ships flying the flag of a Member State, excepting warships, naval auxiliaries or other ships owned or operated by a Member State and engaged only on government noncommercial service, fishing vessels, pleasure yachts not engaged in trade and wooden ships of primitive build.

Seafarers Certification and Recognition of Third Countries Certificates

In terms of this Directive, a certificate will be any valid document, by whatever name it may be known, issued by or under the authority of the competent authority of a Member State. In the case of masters, officers and radio operators, the issuing of such certificates must comply with the provisions of the STCW Convention, requiring additional knowledge in the case of radio operators in relation to Radio Regulations.

Seafarers who do not possess this certificates may be allowed to serve on ships flying the flag of a Member State, provided that a decision on the recognition of their appropriate certificates has been adopted through the apropriate procedure set out in this Directive. Member States may submit to the Commission a request for recognition of certificates issued by a third country, stating its reasons. The Commission, assisted by the European Maritime Safety Agency and with the possible involvement of any Member State concerned, will collect the information required and carry out an assessment of the training and certification systems in the third country for which the request for recognition was submitted, in order to verify whether the country concerned meets all the requirements of the STCW Convention and whether the appropriate measures have been taken to prevent fraud involving certificates.

Irrespective of the flag it flies each ship, with the exception of those types of ships excluded by Directive, will, while in the ports of a Member State, be subject to port State control by officers duly authorised by that Member State to verify that all seafarers serving on board who are required to be certificated by the STCW Convention are so certificated or hold appropriate dispensations.

Member States will designate the authorities or bodies which will:

• Give the training referred to in this Directive.
• Organise and/or supervise the examinations where required.
• Issue the certificates of competence.
• Grant the dispensations to allow a seafarer to serve in a specific vessel for a specific period in special circumstances.

The training required to ensure that seafarers serving on those ships are trained as a minimum in accordance with the requirements of the STCW Convention, must be ensured by Member States and be in a form appropriate to the theoretical knowledge and practical skills required, in particular the use of life saving and fire-fighting equipment, and approved by the competent authority or body designated by each Member State.

Each Member State will have to ensure that all training, assessment of competence, certification, endorsement and revalidation activities carried out by nongovernmental agencies or entities under its authority are continuously monitored through a quality standards system, providing a  quality-standards system, where governmental agencies or entities perform such activities.

The education and training objectives and related quality standards of competence to be achieved are clearly defined and identify the levels of knowledge, understanding and skills appropriate to the examinations and assessments required under the STCW Convention.

The fields of application of the quality standards cover the administration of the certification systems, all training courses and programmes, examinations and assessments carried out by or under the authority of each Member State and the qualifications and experience required of instructors and assessors, having regard to the policies, systems, controls and internal quality-assurance reviews established to ensure achievement of the defined objectives.

Directive 2008/106/EC will enter into force on December, 23rd, 2008.