Committee’s assessment |
Politically important |
Not cleared from scrutiny; further information requested |
|
Document details |
Proposed Directive about professional qualifications in inland navigation |
Legal base |
Article 91(1) TFEU, ordinary legislative procedure, QMV |
Department |
Transport |
Document Number |
(37536), 6285/16 + ADDs 1–4, COM(16) 82 |
3.1Directive 91/672/EEC provides for mutual recognition of Boatmasters’ Certificates issued by Member States for use on all EU waterways, except for the river Rhine, for which a Rhine navigation licence issued by the Central Commission for Navigation on the Rhine, which has its own set of competency standards applicable to boatmasters working on vessels operating on the Rhine. Directive 1996/50/EC sets out competency standards that must be demonstrated for the issue of a Boatmasters’ Certificate. It requires boatmasters (who are in command of the vessel) to hold a Boatmasters’ Certificate but it does not specify qualifications to be held by other deck crew.
3.2This proposed Directive, whilst repealing the two current Directives, would increase the current standards of competency which must be demonstrated for the issue of professional qualifications for deck crew (including boatmasters) working on vessels operating on inland waterways in the EU, including the Rhine.
3.3The UK makes use of a derogation in Directive 1996/50/EC which allows Member States which have inland waterways not linked to the navigable network of another Member State to issue boatmasters’ certificates on the basis of standards which differ to those of the Directive, for those boatmasters operating exclusively on their national waterways. The proposed Directive would allow a similar derogation. Nevertheless, the Government tells us that it is considering its position on the proposal.
3.4This proposal appears to have minimal consequences for the UK. But we will not consider the matter further until we hear from the Government its considered position on the proposed Directive. Meanwhile the document remains under scrutiny.
Proposed Directive on the recognition of professional qualifications in inland navigation and repealing Council Directive 96/50/EC and Council Directive 91/672/EEC: (37536), 6285/16 + ADDs 1–4, COM(16) 82.
3.5Directive 91/672/EEC provides for mutual recognition of Boatmasters’ Certificates issued by Member States for use on all EU waterways, except for the river Rhine, for which a Rhine navigation licence issued by the Central Commission for Navigation on the Rhine (CCNR) is required. The CCNR has its own set of competency standards applicable to boatmasters working on vessels operating on the Rhine (and some of its tributaries).
3.6Directive 1996/50/EC sets out competency standards that must be demonstrated for the issue of a Boatmasters’ Certificate. It requires boatmasters (who are in command of the vessel) to hold a Boatmasters’ Certificate but it does not specify qualifications to be held by other deck crew.
3.7The aim of the two Directives has been to provide for reciprocal recognition and set minimum requirements for obtaining boatmasters’ certificates.
3.8This proposed Directive would increase the current standards of competency which must be demonstrated for the issue of professional qualifications for deck crew (including boatmasters) working on vessels operating on inland waterways in the EU, including the Rhine. It would repeal Directive 91/672/EEC and Directive 1996/50/EC. The proposal is intended to enhance labour mobility further by extending reciprocal recognition of EU certificates of qualification for use on the Rhine and the scope of qualification to other deck crew.
3.9In addition to extending the scope of qualification and recognition beyond the level of boatmaster, the proposed Directive would also introduce:
3.10The proposal would grant a number of delegated and implementing powers to the Commission related to maintaining registers of qualifications, setting standards for simulators and practical assessments, and setting medical fitness requirements.
3.11A derogation for issuing EU certifications of qualifications would be available for Member States whose inland waterways are not linked to another Member States’, as well as for deck crew (though not boatmasters) who have sea-going qualifications and who work on a vessel that is both sea-going and inland-waterway-going.
3.12In his Explanatory Memorandum of 4 March 2016 the Minister of State, Department for Transport (Mr Robert Goodwill) tells us that the Government is considering its position on this proposal. He says that the UK makes use of the provision in Article 3.2 of Directive 1996/50/EC which allows Member States which have inland waterways not linked to the navigable network of another Member State to issue boatmasters’ certificates on the basis of standards which differ to those of the Directive, for those boatmasters operating exclusively on their national waterways. The Minister explains that the purpose for using this power of derogation was:
3.13The Minister continues that:
3.14The Minister adds that:
3.15The Minister says that representatives from the UK inland waterways industry responded to the Commission’s 2013 online public consultation about its impact assessment, the Domestic Passenger Ship Steering Group (DPSSG)10 having discussed the consultation.
3.16The Minister notes that as the proposed Directive would allow those operating exclusively on UK inland waters to be exempted from qualification requirements, the financial implications for the UK are expected to be minimal.
None.
10 The DPSSG is chaired by the MCA and consists of industry representatives such as operators and ship builders/repairers, port authorities, inland waterway authorities and representatives of licence holders.
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Prepared 22 March 2016