WHAT IS THE AIM OF THE DIRECTIVE?
It aims to maintain and improve the level of knowledge and skills of European Union (EU) seafarers by bringing maritime training and certification in line with international rules and technological progress.
KEY POINTS
International Convention
Scope
The directive applies to seafarers serving on board seagoing ships flying the flag of a Member State with the exception of:
- warships, naval auxiliaries or other ships owned or operated by a Member State and engaged only in government non-commercial service;
- fishing vessels;
- pleasure yachts not engaged in trade;
- wooden ships of primitive build.
Main elements
The directive covers a number of elements, including:
- training rules and standards of competence required to obtain or revalidate a certificate to perform the functions covered by the certificate of competency or the certificate of proficiency;
- Member States’ responsibility to designate a body to provide training, organise and/or supervise any examinations that may be required, issue certificates and grant dispensations;
- Member States’ responsibility to adopt and enforce specific measures to prevent and sanction fraudulent practices relating to certificates of proficiency and competence;
- criteria for regular monitoring of Member States’ compliance with the requirements laid down in the directive;
- measures to ensure communication between crew members of ships;
- common criteria and procedures for the recognition by Member States of seafarers’ certificates issued by non-EU countries, based on the convention’s training and certification requirements;
- an efficient, centralised system for the recognition of seafarers’ certificates issued by non-EU countries and further clarifications on the mutual recognition of seafarers’ certificates issued by Member States, including medical certificates;
- the establishment of dialogue with social partners and Member States to develop maritime training initiatives in addition to the internationally agreed minimum level of training, which could be mutually recognised by Member States as European maritime diplomas of excellence;
- rules on minimum rest periods for watchkeeping personnel to enhance maritime safety and pollution prevention at sea;
- specific grounds for detaining a ship, where it has been found that it constitutes a danger to property, persons or the environment.
FROM WHEN DO THE RULES APPLY?
Directive (EU) 2022/993 codifies and repeals Directive 2008/106/EC, as amended by Directive 2012/35/EU and Directive (EU) 2019/1159.
Directive 2012/35/EU had to be transposed into national law by 4 July 2014 and Directive (EU) 2019/1159 by 2 August 2021.
BACKGROUND
The European Maritime Safety Agency is responsible for maritime safety in the EU.
For further information, see:
MAIN DOCUMENT
Directive (EU) 2022/993 of the European Parliament and of the Council of 8 June 2022 on the minimum level of training of seafarers (OJ L 169, 27.6.2022, pp. 45–90).
RELATED DOCUMENTS
Directive 2009/16/EC of the European Parliament and of the Council of 23 April 2009 on port State control (OJ L 131, 28.5.2009, pp. 57–100).
Successive amendments to Directive 2009/16/EC have been incorporated in the original text. This consolidated version is of documentary value only.
Regulation (EC) No 1406/2002 of the European Parliament and of the Council of 27 June 2002 establishing a European Maritime Safety Agency (OJ L 208, 5.8.2002, pp. 1–9).
See consolidated version.
Council Directive 1999/63/EC of 21 June 1999 concerning the Agreement on the organisation of working time of seafarers concluded by the European Community Shipowners’ Association (ECSA) and the Federation of Transport Workers’ Unions in the European Union (FST) – Annex: European Agreement on the organisation of working time of seafarers (OJ L 167, 2.7.1999, pp. 33–37).
See consolidated version.
