The European Commission announced late last week that it has sent letters of
formal notice to 11 Member States for failing to notify the Commission of the
measures they have taken to transpose into their national law the directive
on the recognition of seafarers' certificates.
The Member States concerned are: Bulgaria, Cyprus, the Czech Republic, Estonia,
Spain, Finland, Italy, Lithuania, Poland, Portugal and the United Kingdom.
Speaking with regard to the legislation, the EC explained that:
"In acknowledgement of the growing hardship affecting seafarers in many
Member States since the 1980s, this directive for the first time introduces
the automatic recognition of national certificates. It thereby aims to facilitate
the mobility of Community seafarers between Member States."
"It has three main objectives: It provides for a careful and efficient
procedure for the recognition by Member States of seafarers' certificates issued
in the EU in accordance with existing Community provisions. The directive provides
for a regular audit of the national marine training and certification systems
to ensure that the Member States fully respect existing standards of training
and certification. Lastly, it requires the Member States to put additional measures
in place to prevent and combat fraudulent practices surrounding obtaining and
issuing certificates."
This decision came in the same week as the EC announced that it would be sending
reasoned opinions to Estonia, Malta, Spain and the United Kingdom for failing
to transpose the European rules on enhancing port security into their national
law. Sending a reasoned opinion constitutes the last stage before possible referral
to the Court of Justice.
The aim of that Directive was to establish a Community framework for the security
of all port areas, which would therefore supplement the measures already in
place since 2004 for ships and port facilities.
It also set out common basic rules for measures designed to prevent deliberate
unlawful acts against ports and their various components, as well as providing
for mechanisms for implementing these measures and checking their conformity.