engineer first class merchant marine

EUROPEAN UNION GOVERNMENT OF ROMANIA MINISTRY OF LABOUR,

FAMILY, SOCIAL PROTECTION AND ELDERY PERSONS

AMPOSDRU

European Social Fund POS DRU 2007-2013

Structural Instruments 2007 - 2013

1

Translation from Romanian

THE EUROPEAN SOCIAL FUND

Sectoral Operational Programme for Human Resources Development 2007 – 2013

Priority axis 3 „INCREASING ADAPTABILITY OF WORKERS AND ENTERPRISES”

Major area of intervention 3.3 „Development of partnerships and encouraging initiatives for social partners and

civil society"

Project title: “The Network of Competent Authorities for Professional Qualifications in Romania (IMI PQ NET

Romania)”

Beneficiary: Ministry of National Education

Contract no: POSDRU/93/3.3/S/53132

2013_06_L31.4_Bocii

Guide to certification and recognition for professions from the

marine field and related professions: ENGINEER, FIRST

CLASS, MERCHANT MARINE

Author:

Prof. univ. Dr. Eng. Liviu Sevastian BOCÎI, [email protected], 0722519943

Subfield G1: Sectorial Committee of Transport, Romanian Railway Authority, CENAFER,

Romanian Naval Authority, CERONAV

mailto:[email protected]



AMPOSDRU



2

CONTENT

Introduction.............................................................................................................................. 3

I. The status of the regulation of the profession: Engineer, First class, merchant marine,

in Romania and in other Member States of the European Union….……………………….. 4

II. Confirmation/certification procedures of competences applied by the Competent

Authorities in countries where the profession is regulated…………………………... 7

2.1 Training and certification of the competences of the Engineers, First class, merchant

marine, in the European Union...........…………………….....….…...

7

III. Processes of recognition of qualifications attained in other Member States of the

European Union..................................................................................................... 13

3.1 Recognition of professional qualification in the Czech Republic................................... 14

3.2 Recognition of professional qualification in Spain.................................................... 19

3.3 Recognition of professional qualification in Romania................................................. 23

3.4 SOLVIT…………………………………………………………………….……………. 26

IV. The practice of the Engineer, First class, merchant marine profession in the EU…. 29

4.1 Procedures of confirmation and renewal of titles and certificates from the

commercial marine in Spain..............................................................................................

29

Conclusions…...…………………………………………………………………………..…….. 30

Bibliography…………..……………………………………………………………..……….. 32

http://ec.europa.eu/internal_market/qualifications/regprof/index.cfm?action=profession&id_profession=7280&from=regprof&id_regprof=6194






AMPOSDRU



3

INTRODUCTION

The project, “The Network of Competent Authorities for Professional Qualifications in Romania

(IMI PQ NET Romania)”, seeks, through the proposed activities, the attainment of three major

objectives throughout the implementation period, with the aim of obtaining results which are beneficial for

all parties, both during implementation, as well as post-implementation.

The guide to the certification and recognition of the profession of Engineer, First class,

merchant marine constitutes one of these results, which developed following an analysis, conducted

together with the Competent Authorities, of the validation and certification of competences and processes

of recognition of qualification for each of the regulated professions. Thus, the development of guides by

regulated profession was considered to be highly important, aiming at achieving the following objectives:

Helping the Competent Authorities in Romania in the unfolding of the activity of standardization of

the processes of certification and recognition of the regulated professions under their management by

informing them in regard to the practices from other Members States of the European Union;

Informing all private persons who acquired qualifications in the respective field of activity in Romania

and who wish to practice the said profession in one of the Member States of the European Union;

Promoting and consolidating the multisectorial partnership structure created through the project (The

IMI PQ NET Romania Network), being assisted by the IMI platform of the European Commission.

The guide to certification and recognition of the regulated profession/professions has a standard

structure as was developed in accordance with the Development methodology of guides to certification and

recognition of professions, the analysis having been done for those Member States of the European Union

which were analyzed (The Czech Republic, Denmark, Germany, Italy, Great Britain, the Netherlands,

Portugal and Spain), where the respective profession is regulated. Thus, this guide is the result of research

activities on specialized bibliography concerning the profession in question from each Member State of the

European Union, as well as of the existent and accessible information from the statistics in the IMI system.

In addition, the comparative studies at a European Union level were taken into consideration, developed for

the approached field, which are based on the experience of some study visits where the models and, more

importantly, the examples of good practices in the field of professional qualification and of the

implementation of the IMI system were identified.





AMPOSDRU



4

I. THE STATUS OF THE REGULATION OF THE PROFESSION: ENGINEER,

FIRST CLASS, MERCHANT MARINE, IN ROMANIA AND IN OTHER

MEMBER STATES OF THE EUROPEAN UNION

The profession of Engineer, First class, merchant marine is regulated, according to the national

laws of transposition of Directive 2005/36/EC of the European Parliament and Council of 7 September 2005,

on the recognition of professional qualifications, in the following Member States of the European Union: the

Czech Republic and Spain (both being part of the analyzed states).

In Romania this profession (Engineer, First class, merchant marine) is found in Annex no. 2:

The list of regulated professions in Romania of Act 2001 of May 25, 2004, concerning the recognition of

diplomas and professional qualifications for regulated professions in Romania, which is not presently

published in the European database of regulated professions (The Single EU Market. Regulated professions

database2).

In the following table 1 are presented the two Member States of the European Union, in which the

profession of: Engineer, First class, merchant marine is regulated. For the same generic name: Engineer,

First class, merchant marine, the situation is as follows:

CZECH REPUBLIC:

Druhý strojní důstojník pro lodě s výkonem hlavních motorů 3000 kW a více (Second engineer

officer on ships powered by main propulsion machinery of 3000 kW or more )/ Engineer, First

class, merchant marine – Ofițer mecanic secund pe nave cu un motor principal cu o putere de

propulsie egală sau mai mare de 3000 kW;

Druhý strojní důstojník pro lodě s výkonem hlavních motorů do 3000 kW (Second engineer

officer on ships powered by main propulsion machinery of less than 3000 kW)/ Engineer, First

class, merchant marine – Ofițer mecanic secund pe nave cu un motor principal cu o putere de

propulsie mai mică de 3000 kW;

Strojní důstojník (Officer in charge of an engineering watch)/ Engineer, First class, merchant

marine – Ofițer mecanic.

SPAIN:

Mecanico naval de primera clase del sector de la marina mercante / Engineer, First class,

merchant marine – Mecanic naval clasa I în marina comercială.

1 Act 200 of 25 May 2004, on recognition of diplomas and professional qualifications for the regulated professions in

Romania, Official Journal of Romania, Part I, no. 500 of 3 June 2004 2 ec.europa.eu/internal_market/qualifications/regprof
















AMPOSDRU



5

Table 1. State of regulation of the profession: Engineer, First class, merchant marine in the EU3

The name of the profession in the language of

origin (translation into English)/generic name

The country where

it is regulated The competent authority

Recognition according to

Directive 2005/36/EC

(National legislation)

Qualification

level

1 2 3 4 5

Druhý strojní důstojník pro lodě s výkonem

hlavních motorů 3000 kW a více (Second engineer

officer on ships powered by main propulsion

machinery of 3000 kW or more )/ Engineer, First

class, merchant marine

Czech Republic

Ministry of Transport,

nábř. Ludovíka Svobody 12/22, P.O.BOX 9

110 15 Prague, Phone: +420 972 231 111

Fax: +420 972 231 184

E-mail: [email protected];

[email protected]

General system of recognition

– primary application (Act No.

61/2000 Coll., Decree No.

450/2000 Coll.)

SEC –

Certificate which

attests to the

completion of a

secondary

education cycle,

art. 11 b

Druhý strojní důstojník pro lodě s výkonem

hlavních motorů do 3000 kW (Second engineer

officer on ships powered by main propulsion

machinery of less than 3000 kW)/ Engineer, First

class, merchant marine

Strojní důstojník (Officer in charge of an

engineering watch)/ Engineer, First class,

merchant marine

3 http://ec.europa.eu/internal_market/qualifications/regprof (20.05.2013)



mailto:[email protected];%[email protected]

mailto:[email protected];%[email protected]





http://ec.europa.eu/internal_market/qualifications/regprof



AMPOSDRU



6

Continuation table 1

The name of the profession in the

language of origin (translation into

English)/generic name

The country where

it is regulated The competent authority

Recognition according to

Directive 2005/36/EC

(National legislation)

Qualification level

1 2 3 4 5

Mecanico naval de primera clase del

sector de la marina mercante / Engineer,

First class, merchant marine

Spain

Ministerio de Fomento (Dirección General

de la marine Mercante, Subdirección General

de Seguridad y Contaminación Marítimas)

C/ Ruiz de Alarcón 1, 28071 MADRID,

Phone: +34 91 597 91 64/+34 91 597 92 69

Fax: +34 91 597 92 97/34 91 597 92 35

E-mail: [email protected]

General system of

recognition – primary

application

Diploma (post-secondary

education), including

annex II (ex 92/51, annex

C, D), art. 11 c






AMPOSDRU



7

II. CONFIRMATION/CERTIFICATION PROCEDURES OF COMPETENCES

APPLIED BY THE COMPETENT AUTHORITIES IN COUNTRIES WHERE

THE PROFESSION IS REGULATED

The competences certification process is the process through which an accredited institution

certifies the fact that a person has competences in a certain field, through a document that is called a

certificate (attestation) of professional competence. A certificate of professional competence is not a

diploma of studies, but it certifies the fact that a person has a certain level of expertise in a certain field, and

this allows for the growth of his chances to be hired and for a superior credibility of his services and the

products which he offers.

The basic principles of the professional competence certification process are as follows:

The certification of competences is an optional process and not a mandatory one. Yet, institutional

policies may exist which mandate the certification of the competences of their members as a

requirement to be part of the respective organization;

The evaluation of professional competences can be done by the same organization which certified

the competences or by another organization;

Generally, the professional competence is checked in its entirety and not parts of it;

The certification of professional competences is a separate process from professional training (in

other words, an organization that awards professional competences through training cannot directly

participate in their certification);

The centres of professional training may facilitate the professional competence certification process

through partnerships and agreements with the competence certification organizations.

2.1. The competence training and certification of Engineer, First class, merchant marine in the

European Union

The competence training and certification of seafarers is regulated by the 1978 Convention of the

International Maritime Organization (IMO) concerning the standards of training, certification and

watchkeeping for seafarers (named ”The STCW Convention”, to which Romania adhered through Act no.

107/1992), which entered into force in 1984 and was substantially modified in 1995.

The STCW Convention (Standard of Training, Certification, and Watchkeeping – The

International Convention on Standards of Training, Certification, and Watchkeeping for Seafarers, with

the amendments in force) was incorporated for the first time into European Union law through Directive

94/58/CE of the Council on 22 November 1994, on the minimum training level of seafarers. Subsequently,

the European Union norms on training and certification of seafarers were adapted to the subsequent changes



AMPOSDRU



8

of the STCW Convention, and the European Union established a common mechanism for recognition of

training and certification systems for seafarers in third countries. The respective norms are, after a reform,

contained in Directive 2008/106/CE of the European Parliament and Council of 19 November 2008, on the

minimum training level for seafarers.

In 2010, a conference of the parts to the STCW Convention, that took place in Manila, introduced

significant changes to the STCW Convention, specifically in respect to prevention of fraudulent practices

concerning the certificates, in the field of medical standards, concerning the training in respect to security,

including concerning piracy and armed robbery, as well as concerning training in respect to aspects of a

technical nature. The Manila changes also introduced requirements for qualified seafarers and established

new occupational profiles, such as electrotechnic officers. Thus, Member States should harmonize their

national norms with the Manila changes, without, however, creating a conflict between the international

commitments of the Member States and their commitments within the European Union. Taking into account

the global dimension of maritime transportation, European Union norms concerning the training and

certification of seafarers should be maintained in accordance with international norms, specifically, many of

the dispositions in Directive 2008/106/CE of the European Parliament and Council, of 19 November 2008,

on the minimum level of training for seafarers, should, thus, be changed to reflect the Manila changes.

Part A of the STCW Code, (The Mandatory Standards concerning the dispositions in the Annex

to the STCW Convention) include the mandatory provisions to which specific reference is made in the

Annex to the International STCW Convention, 1978, (Manila AMENDMENTS to the Code on training,

licensing/certification and watchkeeping service (The STCW Code)), on standards of training, certification,

and watchkeeping for seafaring personnel, with the subsequent amendments.

This part also includes the competence standards which must be demonstrated by the candidates in

view of issuing and of reconfirmation of the certificates of competence in accordance with the provisions

of the STCW Convention. The aptitudes specified in the competence standards are divided into 4 duties:

1. Controlling the operation of the ship and care for persons on board;

2. Marine engineering;

3. Electro-mechanics, electronics and automations;

4. Maintenance and repair;

and on 3 levels of responsibility:

1. Management level;

2. Operational level;

3. Support level.

Management level is understood as the level of responsibility associated with:



AMPOSDRU



9

fulfilment of the job as a boat master, ship’s deck officer class II, chief engineer or marine engineering

officer class II on board of a maritime vessel, and

ensuring the proper execution of all the duties within the set field of responsibility;

Operational level is understood as the level of responsibility associated with:

fulfilment of the job as an officer with responsibility over navigational watchkeeping or engines, or as

Engineer, First class, merchant marine with special duties in a periodically unmanned engine-room, or

as a radio operator on board of a maritime vessel, and

maintaining a direct control over the execution of all the duties in the field of responsibility as set in

accordance with the appropriate procedures and under the management of a person that holds a position

at a managerial level for the field of responsibility in question;

Support level is understood as the level of responsibility associated with the fulfilment of the

established duties, obligations, and responsibilities on board a maritime vessel under the management of a

person that holds a position at an operational or managerial level.

In accordance with the European legislation4, an officer responsible with the navigation watch in a

manned engine-room or an Engineer, First class, merchant marine designated to fulfil his job in a

periodically unmanned engine-room, on a maritime ship powered by a main engine of more than 750 kW,

must hold a certificate of competence.

Thereby, each candidate for certification must meet the following conditions:

be not less than 18 years of age;

have completed combined workshop skill training and an approved seagoing service of not less than 12

months, as part of an approved training programme which includes onboard training which meets the

requirements of Section A-III/1 of the STCW Code and is documented in an approved training record

book, or otherwise have completed combined workshop skill training and an approved seagoing service

of not less than 36 months, of which not less than 30 months will be seagoing service in the engine

department;

have performed, during the required seagoing service, engine-room watchkeeping duties, for a period

of at least six months, under the supervision of the chief engineer officer or a qualified engineer officer;

have completed approved education and training and meet the standards of competence specified in

Section A-III/1 of the STCW Code; and

4 Directive 2008/106/EC of the European Parliament and of the Council of 19 November 2008, on the minimum level

of training of seafarers, Annex I, chapter III, Rule III/1, pg. 50.



AMPOSDRU



10

meet the standards of competence specified in Section A-VI/1 paragraph 2, section A-VI/2 paragraphs

1-4, section A-VI/3 paragraphs 1-4, and section A-VI/4 paragraphs 1-3 of the STCW Code.

In addition to these conditions, the candidates for competency certification shall provide satisfactory

proof of5:

their identity;

that their age is not less than that prescribed in the Regulations listed in Annex I relevant to the

certificate of competency or certificate of proficiency applied for;

that they meet the standards of medical fitness, specified in Section A-I/9 of the STCW Code;

that they have completed the seagoing service and any related compulsory training prescribed in the

Regulations listed in Annex I for the certificate of competency or certificate of proficiency applied for;

and

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 of the certificate of

competency.

(This paragraph shall not apply to recognition of endorsements under Regulation I/10 of the STCW

Convention).

Medical certification

Directive 2008/106/EC of the European Parliament and of the Council of 19 November 2008, on the

minimum level of training of seafarers, by article 11, regulates the fact that each Member State determines

the standards concerning the medical fitness of seafarers, as well as the procedures for issuing a medical

certificate in accordance with section A-I/9 of the STCW Code, taking into account, as appropriate, section

B-I/9 from the same code. In addition, in paragraph (2) of art. 11, of Directive 2008/106/EC, it is stipulated

that each Member State of the European Union must ensure that those responsible for assessing the medical

fitness of seafarers are recognized medical practitioners in the Member State, in accordance with section A-

I/9 of the STCW Code. Every seafarer holding a certificate of competency or a certificate of proficiency

issued under the provisions of the STCW Convention, who is serving at sea, shall also hold a valid medical

certificate, issued in accordance with art. 11 and with section A-I/9 of the STCW Code.

Thus, for the medical certification the candidates must satisfy the following conditions:

be not less than 16 years of age;

provide satisfactory proof of their identity; and

5 Directive 2012/35/EU, of the European Parliament and Council, of 21 November 2012, of amendment of Directive

2008/106/EC on the minimum level of training of seafarers, art. 5, paragraph (7) g.



AMPOSDRU



11

meet the applicable medical fitness standards established by the Member State concerned.

The medical certificates shall remain valid for a maximum period of two years, unless the seafarer

is under 18 years age, in which case the maximum period of validity shall be of one year.

If the validity period of the medical certificate expires in the course of a voyage, then the medical

certificate will continue to be valid until the next stopover harbour, where a medical practitioner recognized

by the host Member State is available, on the condition that the period will not exceed 3 months, and the

seafarer in question possesses an expired medical certificate of a recent date.

Reconfirmation of certificates

In accordance with national legislation in force, every master, officer, holder of a certificate of

competency, and radio operator holding a certificate issued or recognized under any chapter of Annex no. 1

of this ordinance (other than chapter VI), who is serving at sea or intends to return to sea after a period

ashore shall, in order to continue to qualify for seagoing service, be required at intervals not exceeding 5

years:

1. to meet the medical and age requirements provided by the national legislation in force;

2. to establish continued professional competences as follows:

have completed the seagoing service of not less than 12 months in the last 5 years in the relevant

position stated on the certificate; or

have passed a test of evaluation of the competence specific to the position inscribed on the

certificate; or

have completed an approved course of reconfirmation of the competence specific to the position

stated on the certificate, as is provided by A-I/11 of the STCW Code.

The extension of the validity of the certificates under the conditions provided above will be done for

periods of maximum 5 years since the date of completion of the oldest training course.

In the case of masters, officers, radio operators or holders of certificates of proficiency for which

special training requirements were adopted, for the continuation of service on board of the vessels, they must

complete approved training courses, relevant to these requirements. Thus, the approved training methods

must include the relevant amendments to the national and international regulations on life safety at sea and

the protection of the marine environment and any update of the competence standards in question.

Monitoring of professional training is the duty of the competent authority of the state in question, which

cannot approve the structure and content of the training courses for reconfirmation, listed above, unless the

training methods include the new European legislation from the field. In this respect, the competent

authorities from the Member States notify the companies concerning the amendments of the national and

international regulations on life safety at sea and the protection of the maritime environment.



AMPOSDRU



12

Thus, for reconfirmation of the licence of Engineer, First class, merchant marine, one shall

participate in the following reconfirmation course and shall complete the IMO courses necessary for the

position (International Maritime Organisation, Romania is an IMO member since 1965):

ROM – NOP (Reconfirmation licence Engineer, first class, merchant marine – Operational level),

which has a duration of 10 days/80 hours (certified course STCW A - III/1), and serves the purpose of

updating basic knowledge of the naval system’s thermo-energetics, assimilation of modern methods of

operating the mechanical, hydraulic, and pneumatic systems on board of the vessels, learning and

assimilation of the documentation, and of the operation, repair and running maintenance documents of

the naval systems, and updating in the computerisation of the control, supervision, adjustment, and

protection activity specific to the power systems of the vessel.



AMPOSDRU



13

III. PROCESSES OF RECOGNITION OF QUALIFICATIONS ATTAINED IN OTHER

MEMBER STATES OF THE EUROPEAN UNION

The freedom of movement of persons was one of the main objectives of the Common Market,

created through the Treaty of Rome6 of 1957 (the freedom of establishment, the free movement of services,

and the free movement of people being fundamental principles of this treaty).

The general system of recognition of professional qualifications is based on the following

principles:

The principle of mutual trust between Member States of the European Union;

The absence of harmonization in professional training for practicing the profession in question. Each

Member State will decide the access or lack of access to practice the profession on its territory, the

content and level of training for practicing the profession in question;

The existence of counter-available measures when there are significant differences between the contents

of the professional training in different Member States. The rule is as follows: no Member State can

refuse the access to a regulated profession on its territory to European Union citizens, who are fully

qualified to practice this profession in another Member State, and this, regardless of the differences

among the two states (interpretation of the mutual trust principle). If these differences are "substantial",

the competent authorities from the host Member State may complete the recognition after the

applicant passes an aptitude test or completes a trial period (adaptation period, seagoing service,

apprenticeship).

The assessment process must be impartial and the evaluation mechanisms must be designed in such a

manner as to avoid any type of conflicts and interests, including by a high professionalization of the

assessors. Defining these principles must avoid the standardization of measures between different European

states, which would conflict with the objectives of the Bruges-Copenhagen process, and the contrast with

the adoption of top-down approaches.

In order to improve the gaps between the different European systems of recognition of qualifications

we must:

Ensure the quality, and through it the trust in the confirmation process, trying, in the same time, to

create links between the different systems of confirmation of professional qualifications;

Consult the norms and principles already existent at the national and international level (for example:

the EN 45013/ISO 17024 norms).

6 Treaty of Rome refers to the treaty through which the European Economic Community (EEC) was established and

was signed by France, West Germany, the Netherlands, Italy, Belgium and Luxemburg on March 1957.

http://ro.wikipedia.org/wiki/Comunitatea_Economic%C4%83_European%C4%83

http://ro.wikipedia.org/wiki/Fran%C8%9Ba

http://ro.wikipedia.org/wiki/Luxemburg

http://ro.wikipedia.org/wiki/25_martie

http://ro.wikipedia.org/wiki/1957



AMPOSDRU



14

3.1. PROFESSIONAL QUALIFICATIONS RECOGNITION IN THE CZECH REPUBLIC

Recognition of professional qualifications and the necessary documents list is regulated in the Czech

Republic by Act no. 18/2004 Col - Act on Recognition of Professional Qualifications.

The request procedure for recognition of professional qualifications (Strojní důstojník (Officer in

charge of an engineering watch)/ Engineer, First class, merchant marine – Ofiţer mecanic), includes the

following steps:

1. Acquiring the request form for the recognition of professional qualifications is possible: by

downloading it from the web site (http://uok.msmt.cz/uok), or, directly, from:

The respective Competent Authority (Ministry of Transport);

Ministry of Education, Youth and Sport (as a point of contact), or

Ministry of Industry and Commerce (in case the applicant intends to practice a regulated profession

which has an independent support, a commercial licence, etc.).

2. Completing the request on-line and presenting the requested documents.

In accordance with section 22 Par. 2 from the Act on Recognition of Professional Qualifications,

the applicant presents the following information in the request:

surname and first name;

birth date, citizenship;

mailing address;

necessary documents for certification of the regulated profession which the applicant intends to

practice in the Czech Republic;

manner of practice of the regulated profession (a person who carries out independent activities or an

employee).

The request must be supported by:

identity card, proof of citizenship in accordance with the provisions stipulated in section 1, part 2 of

Act no. 18/2004 Col. - Legea privind recunoașterea calificărilor profesionale - Act on

Recognition of Professional Qualifications;

proof of professional qualifications;

proof of other competences;

document confirming the payment of an administrative fee. The administrative fee for submitting

the request form for recognition of professional qualifications amounts to 2.000 CZK (Czech


http://uok.msmt.cz/uok



AMPOSDRU



15

Koruna – Koruna Česká). In the case that the role of the competent authority is fulfilled by an

association or a professional chamber, the administrative fee will be specified by the regulations of

the association or of the respective chamber.

Proof of professional qualification includes among others:

Proof of education and training, clearly specifying the education level attained (elementary,

secondary, post-secondary, higher - bachelors or masters), the length and content of attained education or

training.

Thus, for recognition of the profession of Engineer, First class, merchant marine, attained in

another Member State of the European Union, or, in a third signatory state to the STCW Convention

(Standard of Training, Certification, and Watchkeeping - International Convention on Standards of

Training, Certification and Watchkeeping for Seafarers, with the amendments in force), in the Czech

Republic, the applicant must present the following documents (in accordance with Act No. 61/2000 Coll.

and Decree No. 450/2000 Coll., Annex No.4), competent authorities (Ministry of Transport):

1) Document attesting that he amply fulfils the requirements of the STCW Convention (Part A - III / 1);

3) Certificate of competence in techniques of personal survival at sea;

4) Certificate of competence in prevention and combat against fires– basic level;

5) Certificate of competence in medical first aid;

6) Certificate of competence in personal safety and social responsibilities on board ships;

7) Certificate of competence in operating survival craft and rescue boats, other than fast rescue boats;

8) Certificate of competence in prevention and combat against fires– advanced level;

9) Certificate of competence in prevention of marine environment pollution MARPOL 73/78;

10) Document attesting to the fact that the applicant performed the seagoing service prescribed by the

legislation in force.

The identity card and the proof of citizenship in a Member State of the European Union are

presented as photocopies. Nevertheless, the competent authority may request the originals for examination of

authenticity. The originals or certified photocopies (authenticated by a notary) of the professional

qualification proofs and other competences are presented only in the case when the competent authority

cannot verify the authenticity of the documents through administrative cooperation.

The documents which attest the professional qualifications and other competences of the applicant

must be translated into the Czech language‚ with the exception of the cases when between the origin state

and the host one there is an international treaty that cancels this requirement (The Hague Convention:

Romania and The Czech Republic signed it in 16.03.2001). In the case where the competent authority

questions the correctitude and authenticity of the translation or in the case when no proof of authenticity was




AMPOSDRU



16

received by administrative means, the respective competent authority is entitled to request proof translated in

the Czech language by one of the interpreters from the list of experts and translators of the Czech state.

3. The request form completed with the requested annexes must be submitted to the competent

authority.

In addition, it is also possible to submit the recognition request to the Ministry of Education, Youth

and Sports (point of contact), which has the obligation of sending it to the competent authority, without

delays. The process of recognition of professional qualifications takes place in the Czech Republic.

4. The decision concerning the submitted request based on section 24 Part 5 from the Act:

The competent authority has the obligation to decide, without delay, within 60 days from the

submission of the complete request (with all the requested documents). In the case of the consolidate

procedure or of a remarkably complex request, the competent authority, according to section 25, paragraph 2,

has the obligation to make a decision within maximum 90 days.

In case the decision enters into juristic litigation, the competent authority has the obligation to return

the documents (originals or authenticated by a notary) submitted by the applicant within 15 work days (proof

of professional qualifications and of other competences attained or the proof of European citizenship).

The competent authority issues a decision which will attest that:

the applicant has a recognised professional qualification;

there are counter-available measures that must be taken into consideration (adjustment periods or an

aptitude test) before the recognition, which are required of the applicant;

the request for recognition of professional qualification is rejected.

5. The appeal of the applicant against the decision of the competent authority

An appeal against decisions issued by a competent authority (a central administrative organ) can be

made7, the management of the competent authority thus receiving the appeal from the „The Permanent

Appeal Commission". The deadline for submitting an action (appeal) is of 15 days after the announcement of

the decision of the competent authority (with the exception of the situation in which the plaintiff was not

properly informed concerning the possibility and legal period during which an appeal can be made).

In some cases, the decisions may be reviewed by the court based on an administrative ordinance

(section 65 from Act no. 150/2002 Coll.) or on a civil action (section 246 of Act 99/1963 Coll.).-

administrative or civil (section 72 of Act no 150/2002 Coll and section 247 of Act no. 99/1963).

7 Section 152, Act no. 18/2004 Col. - Act privind recunoașterea calificărilor profesionale - Act on

Recognition of Professional Qualifications



AMPOSDRU



17

Have you acquired professional

qualification in EU/EEA or Switzerland

and you want to exercise your profession in

the Czech Republic?

Is your profession regulated in the

Czech Republic?

Unlimited access to the

Labour market

Recognition of qualification needed

Are you qualified for the same profession in your country? The Directive is not

applicable.

Do you want to exercise your profession

temporarily or occasionally?

Do you want to work in the Czech Republic

permanently?

Is the respective profession regulated in

your country or can you prove that during

the previous 10 years you have had at least

2 years of relevant professional

experience?

Are you a doctor, pharmacist, dentist, nurse,

midwife, veterinary, surgeon or architect?

Is it necessary to inform a relevant

recognition authority by declaration?

The principle of automatic

recognition can be applied.

Are you a doctor,

pharmacist,

dentist, nurse,

midwife,

veterinary,

surgeon or

architect with the

option of

automatic

recognition?

Is the respective profession regulated in your country or

can you prove that during the previous 10 years you have

had at least 2 years of relevant professional experience?

NO NU

U

U

YES

S

NO NU

U

U

YES

YES

NO NU

U

U

YES

NO NU

U

U

The Directive is not applicable.

NO NU

U

U

YES

1

2

3 4



AMPOSDRU



18

Figure 1. Professional qualifications and services recognition procedure in the Czech Republic8

The legalization of documents is done in conformity with the Hague Convention (convention

adopted in Hague on October 5, 1961) for eliminating the requirement of super-legalization of official

foreign documents:

a) for the documents issued by the judicial authorities, including documents issued or certified by notaries:

8 What you should know about the system for mutual recognition of professional qualifications in the EU Member

States, EEA countries and Switzerland, Compiled by Zuzana Šonková and Štěpánka Skuhrová, Prague 2008, p. 9

Your study programme will be compared with the

corresponding one required in the Czech Republic.

1

YES

YES

NO NU

U

U

YES

2

Is the difference between your qualification

and the qualification required in the Czech

Republic higher than one level?

Are there some substantial differences in

the content of curriculum which cannot

be covered by professional experience?

NO NU

U

U

Aptitude test or adaptation traineeship.

RECOGNIZED QUALIFICATION

YES

Considering your profession, is

there a danger for public health

or safety?

3

YES

4

ACCESS TO PROVIDE SERVICES

YES

NO NU

U

U The qualification will be checked.

YES

Are there substantial

differences between your study

programme and the one

required in the Czech Republic

which may influence the public

safety and health?

Aptitude test or

adaptation traineeship NO NU

U

U

YES



AMPOSDRU



19

Ministerul Justiţiei, Departamentul Internaţional (Ministry of Justice, International Department,

Vysehradska 16, 128 00 Praha 2, phone: +42(2) 2199 7157, fax:+42(2) 2491 1365);

b) for other documents issued or certified by the public administration authorities or by other authorities:

Ministry of Foreign Affairs, Consular Directory.

Based on the agreement with The Ministry of Finance from the Czech Republic, an administrative

fee of 100 CZK (Czech Koruna – Koruna Česká) was determined for legalization of documents, (Act no.

368/1992 Coll,).

3.2. RECOGNITION OF PROFESSIONAL QUALIFICATIONS IN SPAIN

The transposition of Directive 2005/36/EC of the European Parliament and Council of 7 September

2005, on the recognition of professional qualifications, was accomplished in Spain by legislative Decree no.

1837 of 2008 of 8 November 2008 (Real Decreto 1837/2008), which specifies the conditions under which

the citizens of Member States of the European Union may practice in Spain the regulated profession for

which they are qualified in the Member State of origin.

The general system is applied to professions which are not regulated by specific norms or directives

of recognition and to some situations where the holder of the professional qualification does not meet the

conditions provided by other recognition systems. This system is based on the principle of mutual

recognition, without prejudice to the application of some counter-available measures when there are

significant differences between the training acquired by the person concerned and the necessary training in

the host Member State. The counter-available measure can take the shape of an adjustment period (seagoing

service) or of an aptitude test. The applicant has the option of choosing among the two measures, if there is

no specific derogation in this regard.

When the access to practicing a profession is regulated in the host Member State, namely, that it is

conditioned on holding some specific professional qualification titles, the competent authority from the

Member State in question grants access to the profession in question and to its practice under the same

conditions which are applied to its nationals. Nevertheless, the applicant must hold a professional

qualification acquired in another Member State that will attest to a training level at least equivalent with the

level immediately inferior to that necessary in the host Member State.

On the other hand, when the access to a profession is not conditioned on holding some specific

professional qualification title in the Member State of the applicant, for accessing the profession in question

in a host Member State where it is regulated, it is necessary to prove, besides the qualification in question,

also the fulltime practice of the profession during a period of two years during the last 10 years.



AMPOSDRU



20

The host member state may condition the recognition of qualifications on the fulfilment by the

applicant of a counter-available measure (an aptitude test or a seagoing service period of at most three

years) in the following three cases:

the training period is shorter by at least one year than that necessary in the host Member State;

the training covered significantly different disciplines from those included in the qualification title

necessary in the host Member State;

the profession, as it is defined in the host Member State, includes one or more regulated professional

activities which do not exist in the case of the corresponding profession in the Member State of origin of

the applicant and it necessitates a specific training that covers subjects significantly different from those

included in the training of the applicant.

For practicing the profession of Engineer, First class, merchant marine on Spain’s territory, the

recognition of the education documents (diplomas and professional qualifications) of the applicants by the

Competent Authority: Ministerio de Fomento (Dirección General de la Marina Mercante,

Subdirección General de Seguridad y Contaminación Marítimas) – Ministry of Development

(Directorate General of Merchant Marine, General Subdirectory of Maritime Safety and Pollution).

The documentation which needs to be presented to the Competent Authority for requesting the

recognition and then the practice of the profession of Engineer, First class, merchant marine on Spain’s

territory consists of the following documents:

1. A request form completed and signed by the applicant;

2. Two passport pictures, with the surname and first name written with a black pencil on the back of the

pictures. The applicant’s pictures must be taken with the head uncovered and without glasses with

dark lenses, presented in an envelope without gluing or stapling it;

3. A photocopy of the valid national document of identification, residence card, or passport, or the

express agreement of the applicant for the competent authority to be able to check his identity data,

in accordance with Ordinance PRE/3949/2006, of 26 December 2006;

4. Documents which attest the professional experience of the applicant:

In order to recognize the profession of an Engineer, First class, merchant marine or of officer in

charge with engine supervision, the applicants must present certificates from which will result the

fulfilling of 250 days as a navigational watch on the vessel type for which they request the

qualification recognition;

For the recognition of the profession of chief engineer, Engineer, First class, merchant marine and

officer in charge of engine supervision, the applicant must present a marine engineering officer

class II certificate issued by the General Secretariat of Fisheries or by the Maritime Captaincy, in

which the fact that he can practice the profession of chief engineer or of Engineer, First class,








AMPOSDRU



21

merchant marine is mentioned. In view of the fact that for holding this certificate only 250 days of

seagoing service as an officer are required, the applicant will have to present the proof of seagoing

service on a ship for another 110 days;

5. Valid medical certificate issued by Instituto Social de la Marina (the Social Institute of the

Marine), which will attest to the applicant’s state of health;

6. Payment proof of the charge (36,64 €) for the recognition process and equivalence certificate. The

charge for issuing professional, maritime and recreational titles and certificates, created by art. 17 of

Act no. 66 of 30 December 1997, on fiscal, administrative, and social order measures (Ley 66/19979

de 30 de diciembre, de Medidas Fiscales, Administrativas y de Orden Social);

7. Legalized copy of the second engineer officer certificate issued by the Secretariat General of

Fisheries or a certificate of completion of the tests for acquiring a second engineer officer certificate;

8. Copy of the completion certificate of the course on fire fighting, level II.

The documentation will be presented: either to the Maritime Captaincy, or to the Central Services

(Madrid) of the Directorate General of Merchant Marine. Of the documents which the applicant must

present, the request and payment forms can be thus obtained:

1. Standard request document:

From the Maritime Captaincy or the Central Services (Madrid);

Downloading the standard request form from the web page: https://sede.fomento.gob.es, printing it

and then manually completing it;

Completing the standard request form on-line and printing it.

2. Payment form:

From the Maritime Captaincy or the Central Services (Madrid);

Completing the payment form on the web page: https://sede.fomento.gob.es, printing it and then

presenting it to the bank;

Paying on-line, however, in this instance, a digital signature is necessary.

In the case of the non-regulated professions in the origin country, the applicant must present the

following documents:

documents which attest to the fulltime practice of the profession in question during 2 years in the last

10 years in the country where the diploma was obtained;

9 BOE número 313, de 31 de diciembre de 1997


https://sede.fomento.gob.es/




AMPOSDRU



22

the detailed curriculum of studies with the indication of the hours assigned to each discipline, of their

syllabus, of the number of hours of practice performed. All this information must be issued by the

professional training institution which issued the diploma;

a certificate attesting to completing traineeships, specialization courses or attainment of other diplomas;

the photocopy of all outlined documents;

the list of all submitted documents, signed by the applicant.

All documents written in the Romanian language must be accompanied by their translation into the

Spanish language, translation which must be certified by the Spanish diplomatic or consular authority from

the country that issued the diploma, or by an official translator from a Spanish court of law.

The time frame for examining the file for recognition of the diplomas which certify a certain

professional training is laid down in European Union and national law not to exceed three months.

Next is presented a general procedure of recognition, in Spain, of professional qualifications attained

by citizens of other Member States of the European Union, which includes the following stages:

1. The submission of the request with the competent authority, which must be accompanied by the

following documents:

Proof of citizenship of the applicant;

Qualification titles which permit access to the regulated profession in question, and the academic

transcripts;

Supporting documents on the professional experience in the field.

2. Additional requirements which the submitted documentation must meet.

Official translation into Spanish;

Photocopies of all the requested documents must be presented for comparison with the original, at

the time of submission to the competent authority.

3. The competent authority checks if the submitted documentation is complete, subsequently

communicating to the interested party if it is necessary to provide additional documents.

4. The competent authority (agency, centre, etc.), after receiving the complete documentation, proceeds to

the analysis procedure in order to rule regarding the recognition with or without the application of

counter-available measures (training period/adjustment periods, apprenticeship, aptitude tests, etc.);

5. For practicing certain professions, it is possible that some counter-available measures (an adjustment

period, a seagoing service period, a apprenticeship period, followed by an evaluation, which for the

Transports sector is predominantly hands-on) will be applied to the applicant;

6. The recognition procedure is concluded by issuing an ordinance/a resolution by the competent authority

director, who decides concerning the submitted request, stating the legal grounds for this decision;



AMPOSDRU



23

7. The applicant is notified within 10 days of the issuing of the resolution by the competent authority’s

director;

8. The decision may be appealed at the Director General of Vocational Training and Continuing Education

within one month of receiving the notification;

9. Registration in the corresponding register within maximum four months of receiving the request.

3.3. RECOGNITION OF PROFESSIONAL QUALIFICATION IN ROMANIA

In Romania, in accordance with the legislation in force on the approval of minimal criteria of

training and development of seafarers, the Romanian Naval Authority (RNA) issues the following types of

certificates for Romanian seafarers:

a) certificates of competency. Under this category come: licences, documents through which the

competence of a commander or an officer are recognized and certificates of proficiency, through

which the competence, other than that of a commander or officer, is recognized;

b) certificates of proficiency– documents through which a specific competence for a specific type of

ship is recognized.

The GMDSS (Global Maritime Distress and Safety System) operator certificate is issued by the

IGCTI (The Inspectorate General for Communications and Information Technology) as a distinct

document through which the competence of operating the radio-communications system is recognized.

The Romanian Naval Authority (RNA), based on the same ordinance (art. 21), is the competent

authority that can recognize corresponding certificates or any other certificates issued, in accordance with the

provisions of Directive 2001/25/EC10

of 4 July 2001, on the minimum level of training of seafarers, by a

competent authority from another Member State of the European Union. The recognition is done based on a

protocol concluded by RNA with the competent authority from the issuing state of the certificates.

Where the requests received are from seafarers, who are not citizens of a Member State of the

European Union, but who hold certificates issued by competent authorities of a Member State of the EU,

RNA recognizes these certificates, complying with the provisions of Directive 89/48/EEC11

and of

Directive 92/51/EEC12

.

The recognition by the Romanian Naval Authority (RNA) of the corresponding certificates, in both

cases, previously presented, must be done within the capacity, position and competence levels prescribed in

these and, following this process, must be accompanied by a certificate that confirms this recognition.

10

OJ L136, 18.05.2001, p. 17 11

Directive 89/48/EEC of 21 December 1988, on a general system for the recognition of higher-education diplomas

awarded on completion of professional education and training of at least three years' duration, OJ L 019 , 24/01/1989,

p. 16 - 23 12

Directive 92/51/EEC of 18 June 1992, on a second general system for the recognition, OJ L 209, 24.07.1992.



AMPOSDRU



24

START

APPLICANT

A T T E S T A T I O N C O M I S S I O N

The assessment commission:

1. the session president; 2. the session vice-president (if applicable); 3. the assessors (if applicable); 4. the secretariat; 5.

technical assistance specialists (if applicable).

F I L E S U B M I S S I O N T O T H E A T T E S T A T I O N C O M I S S I O N

The registration file for the profession of: ENGINEER, FIRST CLASS, MERCHANT MARINE includes the following documents:

1. “THE APPLICATION FORM” completed by the applicant; 2. The medical certificate issued by the clinic authorised by the

competent Authority, which proves that the holder is APT for fulfilling the position for which he is a candidate, in a legalised copy; 3.

The education document in a legalised copy (if applicable); 4. Licence or the proficiency certificate held; 5. Graduation certificate of the

specialisation courses in accordance with “the Ordinance for approval of the minimum criteria for training and improvement of the

Romanian seafarer personnel and of the recognition system of the certificates of competence” 6. A copy of the transcript, or the

certificate from which results the seagoing service of the candidate and the number of voyages carried out, or his employment papers, 7.

Certificate of participation in the course of assessment of competences on a simulator, for ship pilots and officers 8. Identity document.

C H E C K I N G T H E F I L E C O N T E N T A N D I F M E E T I N G T H E C O N D I T I O N S

The secretary of the commission checks the documents as he receives the files, checking if:

1. the candidate submitted in the file all the documents provided by art.5 § 2, as annexes to the registration; 2. The submitted documents are according to the originals; 3. the candidate meets all the conditions provided in „The Ordinance for approval of the

minimum criteria of training and improvement of the romanian seafaring personnel and of the recognition system of the competency

certificates” and the competence assessment exams organization and conduct Methodology for issuing licences/certificates of

proficiency for seafarers, harbour and inland waterway personnel.

Are the conditions met?

E X C E P T I O N S C H E C K

.

In the Methodology there are no stipulated exceptions

Is the condition met?

D E R O G A T I O N C H E C K

In exceptional situations exemptions are granted, in

accordance with art. 18, paragraph (1-7), OMTCT no.

1627 of 7 September 2006, on the approval of minimum

criteria of training and improvement of the seafarer

personnel.

Notices,

Additions

Is the condition met?

Denies the grant of a licence

Informing the applicant

STOP

DOCUMENT LEGALITY CHECK

Is there a studies

diploma emitted by

another state? CHECK THROUGH THE IMI SYSTEM

Answer AC from Member States?

NE

GA

TIV

E

PO

SIT

IVE

EXAM BEFORE THE ATTESTATION COMMITTEE

Exam result?

Admitted

Rejected

Applicant appeal

YES

YES

YES

NO

NO

NO

YES

NO

2 1 3



AMPOSDRU



25

Admitted Rejected

Fig. Logical scheme of a confirmation and certification of competencies procedure for the certificate of

competence for an ENGINEER, FIRST CLASS, MERCHANT MARINE

1 2

Attainment of licence

engine department

Entry in the Record Book

of RNA

Practicing the profession: ENGINEER, FIRST CLASS, MERCHANT

MARINE MARITIM

APPEALS COMMISION Appeals shall be submitted and recorded with the secretariat of the evaluation

committee within 24 hours of completion of the written paper. For resolving the

appeals the procedure will be the following:

1. the written paper will be reassessed and regarded, if necessary;

2. the corresponding changes will be applied to the final status of the candidate.

Appeal result

3

THE DUTIES OF THE PROFESSION: ENGINEER, FIRST CLASS, MERCHANT MARINE a) to know and to respect the provisions of the romanian legislation and of the treaties to which Romania is a part; b) to be

sincere, honest, correct and to show a sense of personal accountability for his deeds; c) in the activity that he carries out on board,

to show camaraderie, solidarity and mutual respect to the other crew members; d) to know and to be able to take action according

to the attributions of the ship ; e) to continually instruct himself for the acquirement of speciality knowledge, of the handling and

maintenance of the technique on board ; f) to increase his knowledge and seamanship skills, to acquire good physical endurance,

self-control, and moral strength ; g) to show love for the ship, to fight for maintaining the endurance of the ship, and not to

abandon it except at the commander’s orders; h) to be disciplined, to show initiative in the execution of orders/dispositions, in

fulfilment of his job duties and in his daily work, to contribute to strengthening of order and discipline on board; i) not to leave

the post or service to which he was appointed without an order or before being changed.

ACTIVITY MONITORING

ORDINANCE OF THE MINISTER OF TRANSPORT

The period of validity of the licences is of 5 years,

noting that the provisions on the necessity that the

holder shall be subject to periodical examinations

(medical and professional) or test, must be met.

The methodology of organization and conduct of the

competence assessment exams for issuing the

licences/ proficiency certificates of the seafarer,

harbour and inland waterways personnel, requires a

continuous training program for this profession.

LOSS OF VALIDITY OF ENGINE LICENCES

The confirmation, reconfirmation, suspension or

repeal of the licences is done by the Romanian

Naval Authority, according to the legal regulations

in force on the approval of the minimum criteria of

training and improvement of the seafarer

personnel.



AMPOSDRU



26

Where the Romanian Naval Authority (RNA) refuses to issue a certificate of recognition of a

corresponding certificate issued by a Member State of the European Union, or when it does not answer to

such a request, the applicant has the right to appeal in accordance with the provisions of the law on

administrative due processes in force.

The seafarers presenting for recognition of certificates of competence at a managerial level must

pass an assessment test of their knowledge of Romanian maritime legislation relevant for performing the job

aboard the vessels which fly the Romanian flag in accordance with the legislation in force.

The recognition by RNA of a certificate of competence / certificate of proficiency issued in

accordance with the provisions of Rule V/1-1 and of Rule V/1-2 from the STCW Convention, is done by

issuing a recognition certificate after checking the authenticity and validity of any necessary justifying

documents in the manner provided in paragraph 3, Section A-I/2 of the STCW Code.

The certificates are issued based on the following documents:

valid certificate of competency / certificate of proficiency, or GMDSS operator certificate (if it is a

separate document) and their attestations issued by RNA;

identity document;

medico-psychological certificate.

3.4. SOLVIT

SOLVIT13

is a problem solving network, in which Member States of the EU work together to solve, without

using legal proceedings, problems caused by the misapplication of Internal Market law, by public authorities.

SOLVIT deals with cross-border problems between a business or a citizen on the one hand and a public

authority on the other, where there is possible misapplication of EU law. The policy areas SOLVIT has most

frequently dealt with are:

Recognition of Professional qualifications and diplomas;

Access to education;

Residence permits;

Voting rights;

Social security;

Employment rights;

Driving licences;

Motor vehicle registration;

13

http://ec.europa.eu/solvit/site




AMPOSDRU



27

Border controls;

Market access for products;

Market access for services;

Establishment as self-employed;

Public procurement;

Taxation;

Free movement of capital or payments

Below, are presented the national SOLVIT Centres, of Member States of the European Union which

were analysed:

Table 2. National SOLVIT Centres14

Member State of

the European

Union

SOLVIT Centre Contacts

Czech Republic

Odbor vnitřního trhu a služeb EU, Ministerstvo

průmyslu a obchodu Na Františku 32 CZ - 11015

Praha 1, Phone: +420 22 422 1701

Fax. +420 22 485 3079, [email protected]

Barbora Hanáková

Zuzana Bakotová

Tomáš Stehlík

Denmark

Danish Business Authority

(Internal Market Centre)

Langelinie Allé 17 DK - 2100 Copenhagen,

Phone: +45 35 46 62 00 (the hotline)

Phone: +45 35 46 66 16

Phone: +45 35 46 66 73, [email protected]

Jens Kasper Rasmussen

Sofie Freilev

Karin Kragshave

Kristian Yde Agerbo

Germany

Bundesministerium für Wirtschaft

und Technologie, Scharnhorststr. 34-37

DE - 10115 Berlin, Fax. +49 3018 615 5379

[email protected]

Lisa Teichmann

Spain

SOLVIT - España

Ministerio de Asuntos Exteriores y de

Cooperación, Serrano Galvache 26

ES - 28033 Madrid, Phone: +34 91 379 9999


Ana Iglesias

Ana María Hernández

Javier Pascual Pontones

Italy

Presidenza Consiglio Ministri

Dipartimento Politiche Comunitarie, Piazza Nicosia

20, IT - 00186 Roma, Phone: +39 06 677 95 844

Fax. +39 06 677 95 044, [email protected]

Giuseppina VALENTE

Francesco CIPRI

Massimo SANTORELLI

14

http://ec.europa.eu/solvit/site/centres









AMPOSDRU



28

Continuation of table 2

Member State of the

European Union SOLVIT Centre Contacts

Netherlands

SOLVIT Nederland

Ministerie van Economische Zaken,

Landbouw en Innovatie Bezuidenhoutseweg

30, Postbus 20101

NL - 2500 EC Den Haag,

Phone: +31 70 379 7708


Koen van Ginneken

Austria

Bundesministerium für Wirtschaft,

Familie und Jugend, SOLVIT Center,

Abteilung C1/2, Stubenring 1, AT - 1010

Wien, Phone: +43 1 71100-5119,

Phone: +43 1 71100 - 5293

Phone:+43 1 71100-5187

Fax. +43 1 71100-2207

[email protected]

Sylvia Vana

Alexandra Gaudmann-

Heber

Christian Müller

Portugal

Ministério dos Negócios Estrangeiros,

Direcção Geral dos Assuntos Europeus

Serviço do Mercado Interno, Rua Cova da

Moura, 1, PT - 1350-115 Lisboa,

Phone: +351 21 393 57 53;

+351 21 393 57 50

+351 21 393 55 54; Fax. +351 21 393 57 98

[email protected]

Rosarinho MELANCIA

Mafalda DE SIQUEIRA

Romania

Ministry of European Affairs,

Government of Romania

Bvd. Aviatorilor no. 50A, Sector 1,

Bucharest 011854,

Phone:+40 21 308 53 40; +4021 308 53 71;

+40 37 410 45 23; Fax. +40 21 308 53 96

[email protected]

Romulus BENA

Karina STAN

Ramona-Maria CIUCĂ







AMPOSDRU



29

IV. THE PRACTICE OF THE PROFESSION OF AN ENGINEER, FIRST CLASS,

MERCHANT MARINE IN THE EU

4.1. Procedures of reconfirmation and renewal of titles and certificates from the

commercial marine in SPAIN

1. The certificates can be reconfirmed or renewed only at the request of the holder;

2. The reconfirmation will consist in updating the dates of the document in question, concerning the

changes in national and international law, and is possible in the following cases:

a) when the holder requires, for continuing his activity on the ship, the update of the legislation in

accordance with the STCW Convention, whose term is of maximum five years. For this, the holder

of the certificate must submit supporting documents that will attest to the physical aptitudes and

professional competences, necessary for the validation process;

b) when the holder requests the update of his professional competences, due to the fact that he

performed the traineeships (periods) of seagoing service required by the legislation in force, for

being able to perform superior professional duties.

3. The renewal of the documents can also be done, besides the instances presented above, when the

applicant invokes their loss or deterioration, as well as the update of the photo and of the data contained

in them. The renewal will consist, exclusively, in the transcription of the data which is listed on the

documents, at the moment of their issue, in the Register of Professional Titles and Certificates of

Specialization of the Directorate General of Merchant Marine (accordingly, in these will appear the same

information for the expiration and approval dates).

4. The reconfirmation or renewal of the certificates of seafarers from the merchant marine can be requested

from the Directorate General of the Merchant Marine or Maritime Captaincy, through a request

form, accompanied by the following documents:

Two passport photos;

Legalized copy of the national identity document or of the passport;

In the case of the request of reconfirmation, the certification of work experience or of newly acquired

competences, requested by the legislation in force;

The periodic medical certificate which shows the state of health of the applicant, issued by the

Social Institute of the Merchant Marine;

Proof of payment of the relevant charge for the reconfirmation and renewal process of the certificates

of seafarers (14,66 €).

5. The reconfirmations and renewals of certificates from the commercial marine will be done only

by the Maritime Captaincy, class I or by the Directorate General of the Merchant Marine.



AMPOSDRU



30

6. The maximum time frame for notifying the applicants concerning the method of handling of the

requests is of three months.

CONCLUSIONS

The main obstacles met by the states analyzed in this guide in the recognition process of professional

qualifications, are the following:

The diversity and multitude or requirements (conditions) for accessing the practice of a regulated

profession on the territory of a European Union state or of a third signatory state of the STCW

Convention (Standard of Training Certification and Watchkeeping), is one of the major obstacles

in the professional qualifications recognition process;

Difficulties in acquiring the necessary information for compilation by the applicant of the file for

recognition of his profession;

The diversity of the entities that compete in the professional qualifications recognition process, confers

to it a cumbersome nature, sometimes even tortuous, which delays the access of the applicant to

practicing his profession;

Documentation which is quite cluttered and difficult to access.

The majority of professions in the European merchant marine and not only (also from the signatory

states of the STCW Convention), require superior levels 2 – 3 of qualification, both for the command of the

ship (captain, pilot, etc.) as well as for the engine department (chief engineer, Engineer, First class, merchant

marine, etc.).

In light of the rise of the effects of world economy globalization and the increase in mixed crews, the

English language has become the main communication means on board the maritime ships, therefore,

knowledge of it and the knowledge of the specific terms is an essential condition for the integration of

Engineers, First class, merchant marine within the ship crews with whom they are boarded. The complex

activity performed by the Engineer, First class, merchant marine requires a series of aptitudes, skills and

abilities such as: good acquaintance with sailing practices, good user of the resources, facilities and equipments

on board the ship, permanent preoccupation with the adequate operation of the facilities and maintenance of the

ship, best performer, with physical and mental endurance, and good partner in the relationships with the other

members of the crew, being bound to the ship and the crew. The main activity of the Engineer, First class,

merchant marine takes place inside the engine department and in the annexed spaces on board the vessel,

where special duties are carried out: operation, monitoring, maintenance, overhaul and repair of the facilities

and equipments.









AMPOSDRU



31

The draft directive amending Directive 2008/106/EC of the European Parliament and Council of 19

November 2008, on the minimum level of training of seafarers, has two main objectives:

alignment of European Union legislation with the international norms from the Annex to the

International Convention STCW, 1978, (Manila AMENDMENTS to the Code on training,

certification, and watchkeeping (the STCW Code)), adopted at the Conference in Manila (2010);

setting some requirements addressed to the Member States for providing information concerning the

certificates of competence and extending the recognition period of professional qualifications from third

countries. The new international standards are applied only from the date of 1 January 2012. The

proposed time frame of application at the level of the European Union is 31 December 2012. The final

result will consist in ensuring the uniform application of the STCW Convention by the Member States

in its up-to-date version and in ensuring the adequate training of seafarers on ships under the EU flag

that hold certificates issued by countries outside of the EU (third countries signatories of the STCW

Convention).

Beginning in the year 2012, the training of seafarers will be subject to some new norms on the

acquired competences, the professional profile, the safety and certification of these competences. Since

accidents tend to occur when the professional training presents gaps and when the appropriate certification is

lacking, training and certification are of utmost importance for marine safety. The STCW Convention of

IMO is one of the four major conventions on a global level; the other three are the following: the

International Convention for the Safety of Life at Sea (the SOLAS Convention); the International

Convention for the Prevention of Pollution from Ships (the MARPOL Convention) and The Maritime

Labour Convention (MLC). Since the Member States of the European Union are signatories of the STCW

Convention, it is important that the international and European legislation be aligned. These amendments

lead to higher standards concerning: the medical fitness (capacity); the capacity of performing the seagoing

service and alcohol abuse; the introduction of new professional profiles, such as „proficient navigational

watches” and „electro-technical officers”; training in the safety field for all seafarers; simplified and clearer

types of certificates.

By amending Directive 2008/106/EC of the European Parliament and Council of 19 November

2008, on the minimum level of training of seafarers, compliance with the STCW Convention is sought after,

when the assessment of third states is done for the recognition of the training institutions and of the

certificates of competence issued by these. Even though the draft directive represents, largely, the

transposition ad literam of the amendments of Manila in the European Union legislation; it also

recommends that amendments of medium-scale be made to the present dispositions of the EU on recognition

of seafarers’ certificates.



AMPOSDRU



32

BIBLIOGRAPHY

1. Directive 2005/36/EC of the European Parliament and Council of 7 September 2005, on the

recognition of professional qualifications, OJ L 255, 30.09.2005, p. 22 - 123;

2. Directive 2006/123/EC of the European Parliament and Council of 12 December 2006, on services

in the internal markets, OJ L376, 27.12.2006, p. 36 – 68;

3. Directive 2008/106/EC of the European Parliament and Council of 19 November 2008, on the

minimum level of training of seafarers, OJ L323, 03.12.2008, p. 33 – 61;

4. Directive 2012/35/EU of the European Parliament and Council of 21 November 2012, amending

Directive 2008/106/EC on the minimum level of training of seafarers, OJ L343, 14.12.2012, p. 78 –

105;

5. The Code of the STCW Convention, (the Code on Standards of Training, Certification and

Watchkeeping for Seafarers (STCW), as adopted by the second resolution of the 1995 conference,

in its revised version), revised in July 2010 following the Manila conference;

6. Real Decreto 973/2009, de 12 de junio, por el que se regulan las titulaciones profesionales de la

marina mercante, BOE no. 159, 02.07.2009, p. 55234 – 55263;

7. Act no. 18/2004 Col. - Legea privind recunoașterea calificărilor profesionale, secțiunea 152, Act on

Recognition of Professional Qualifications, section 152;

8. Ley 66/1997 de 30 de diciembre, de Medidas Fiscales, Administrativas y de Orden Social BOE

número 313, de 31 de diciembre de 1997;

9. Ley 30/1992, de 26 de noviembre, de Régimen Jurídico de las Administraciones Públicas y del

Procedimiento Administrativo Común;

10. Act no. 200/2004, on the recognition of diplomas and professional qualifications for the regulated

professions in Romania, The Official Journal of Romania, Part I, no. 500 of 3 June 2004;

11. OMTCT no. 1627 of 07.09.2006, for the approval of minimum criteria of training and improvement

of the Romanian seafarer personnel and of the system of recognition of competency certificates,

(The Official Journal, Part I no. 917 of 10.11.2006);

12. OMTI no. 975 of 29.11.201, amending Annex no. 1 to OMTCT no. 1627 of 07.09.2006 (The

Official Journal of Romania, Part I, no. 888 of 15.12.2011);

13. OMTCT no. 214 of 7 February 2007, for the approval of minimum criteria of training and

improvement of the Romanian seafarer and harbour personnel that is not covered by the STCW

Convention (The Official Journal of Romania, Part I, no. 123 of 20 February 2007);

14. OMTI no. 974 of 29.11.2011, amending Annex no. 1 of OMTCT no. 214 of 7 February 2007,

(The Official Journal of Romania, Part I, no. 888 of 15.12.2011);

http://noticias.juridicas.com/base_datos/Admin/l30-1992.html

http://lege5.ro/MonitorOficial/mongezdenzsgq/monitorul-oficial-partea-i-nr-917-10-11-2006



AMPOSDRU



33

15. OMT no. 1250/07.10.2008, on approval of fees for specific activities performed by RNA, The

Official Journal of Romania, Part I, no. 706 of 16 October 2012;

16. What you should know about the system for mutual recognition of professional qualifications in the

EU Member States, EEA countries and Switzerland, Compiled by Zuzana Šonková and Štěpánka

Skuhrová, Prague 2008, p. 9;

17. http://ec.europa.eu/internal_market/qualifications/regprof

18. http://www.anc.gov.ro/uploads/so/l/motorist-nave.pdf

19. http://www.anc.gov.ro/uploads/so/l/marinar.pdf

20. http://uok.msmt.cz/uok

21. http://ec.europa.eu/solvit/site

22. http://ec.europa.eu/solvit/site/centres

23. www.nuffic.nl/en/diploma-recognition/professional-recognition

24. https://sede.fomento.gob.es

25. www.forem.es

26. https://zoek.officielebekendmakingen.nl/kst-32316-3.html

http://ec.europa.eu/internal_market/qualifications/regprof

http://www.anc.gov.ro/uploads/so/l/motorist-nave.pdf

http://www.anc.gov.ro/uploads/so/l/marinar.pdf

http://uok.msmt.cz/uok



http://www.nuffic.nl/en/diploma-recognition/professional-recognition


http://www.forem.es/

https://zoek.officielebekendmakingen.nl/kst-32316-3.html

engineer first class merchant marine

Documents

social protection

social partners

merchant marine profession

professional qualifications

merchant marine author

marine field

commercial marine

structural instruments