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Commission Delegated Directive (EU) 2020/12 of 2 August 2019 supplementing Directive (EU) 2017/2397 of the European Parliament and of the Council as regards the standards for competences and corresponding knowledge and skills, for the practical examinations, for the approval of simulators and for medical fitness (Text with EEA relevance)

EU Directive 2020/12 · Adopted 2 August 2019 · Extends to United Kingdom

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Commission Delegated Directive (EU) 2020/12

of 2 August 2019

supplementing Directive (EU) 2017/2397 of the European Parliament and of the Council as regards the standards for competences and corresponding knowledge and skills, for the practical examinations, for the approval of simulators and for medical fitness

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Directive (EU) 2017/2397 of the European Parliament and of the Council of 12 December 2017 on the recognition of professional qualifications in inland navigation, and repealing Council Directives 91/672/EEC and 96/50/ECf1, and in particular Article 17(1) and (4), Article 21(2) and Article 23(6) thereof,

Whereas:

(1)

Directive (EU) 2017/2397 sets out the conditions and procedures for the certification of the qualification of persons involved in the operation of a craft on the Union inland waterways. The certification is aimed at facilitating mobility, ensuring the safety of navigation and ensuring the protection of human life and the environment.

(2)

In order to provide minimum harmonised standards for the certification of qualifications, the Commission has been empowered to adopt detailed rules laying down standards for competences and corresponding knowledge and skills, standards for practical exminations, standards for the approval of simulators and standards for medical fitness.

(3)

Pursuant to Article 32 of Directive (EU) 2017/2397, delegated acts should make reference to standards established by the European Committee for drawing up standards in the field of inland navigation (‘CESNI’) and include the entire text of those, provided that those standards are available and up-to-date, that those standards comply with any applicable requirements set out in the Annexes of the Directive and that Union interests are not compromised by changes in the decision-making process of CESNI. The three conditions were fulfilled with the adoption, by CESNI, during its meeting on 8 November 2018, of the first standards on professional qualifications in inland navigation.

(4)

The standards for competences should lay down the minimum competences required for the safe operation of the craft, and this, for the crew members at operational and management levels, for the boatmasters authorised to sail with the aid of radar and those authorised to sail on waterways with a maritime character, for the passenger navigation experts and for the liquefied natural gas (LNG) experts. Each required competence should be defined with its corresponding required knowledge and skills.

(5)

In order for the competent authorities to carry out in a similar way the practical examinations required by Article 17(3) of Directive (EU) 2017/2397, standards for the practical examinations should be laid down. To this end, the standards should define, for each practical examination, the specific competences and the assessment situations, including a specific scoring system and technical requirements for craft and onshore installations. For the candidates to the qualification of boatmaster who have not previously completed an assessment at operational level, an additional module should be provided for, so that the ability to perform the related supervised tasks can also be verified.

(6)

The standards for the approval of simulators should be laid down to ensure that the simulators used for an assessment of competence are designed in such a way as to allow for the verification of the competences as prescribed under the standards for practical examinations. The standards should cover the technical and functional requirements for vessel-handling and radar simulators as well as the procedure for the administrative approval of those simulators.

(7)

In order to reduce national differences in medical requirements and examination procedures and to ensure that medical certificates which are issued to deck crew members in inland navigation are a valid indicator of their medical fitness for the work they will perform, standards for medical fitness should be laid down. The standards should specify the tests that medical practionners are to carry out and the criteria they are to apply to determine the fitness for work of deck crew members. They should cover eyesight, hearing and physical and psychological conditions which may lead to temporary or permanent unfitness for work, as well as possible mitigation measures and restrictions. For coherence, the standards should be based on the guidelines on the medical examinations of seafarers published by the International Labour Organisation and the International Maritime Organisation, in particular on the criteria applied to coastal services.

(8)

The date of transposition of this delegated Directive should be aligned with the dates of transposition of Directive (EU) 2017/2397 for reasons of coherence and efficiency.

(9)

In accordance with the case law of the Court of Justice of the European Union, the information which Member States are obliged to supply to the Commission in the context of transposing a directive must be clear and precise. This is also the case for this delegated act,

HAS ADOPTED THIS DIRECTIVE:

Annotations to the whole text

Footnotes

f1

OJ L 345, 27.12.2017, p. 53.

Contents

  1. 1Article 1
  2. 2Article 2
  3. 3Article 3
  4. 4Article 4
  5. 5Article 5
  6. 6Article 6
  7. 7Article 7
  8. Signature
  9. Annex I: STANDARDS FOR COMPETENCES AND CORRESPONDING KNOWLEDGE AND SKILLS
  10. STANDARDS OF COMPETENCE FOR THE OPERATIONAL LEVEL
  11. Navigation
  12. 1.1Division 1.1
  13. Operation of the craft
  14. 2.1Division 2.1
  15. 2.2Division 2.2
  16. Cargo handling, stowage and passenger transport
  17. 3.1Division 3.1
  18. 3.2Division 3.2
  19. Marine engineering and electrical, electronic and control engineering
  20. 4.1Division 4.1
  21. 4.2Division 4.2
  22. Maintenance and repair
  23. 5.1Division 5.1
  24. Communication
  25. 6.1Division 6.1
  26. 6.2Division 6.2
  27. Health and safety and environmental protection
  28. 7.1Division 7.1
  29. 7.2Division 7.2
  30. 7.3Division 7.3
  31. 7.4Division 7.4
  32. STANDARDS OF COMPETENCE FOR THE MANAGEMENT LEVEL
  33. 0Supervision
  34. 0.1Division 0.1
  35. 0.2Division 0.2
  36. 0.3Division 0.3
  37. 0.4Division 0.4
  38. 0.5Division 0.5
  39. 0.6Division 0.6
  40. 0.7Division 0.7
  41. Navigation
  42. 1.1Division 1.1
  43. 1.2Division 1.2
  44. 1.3Division 1.3
  45. 1.4Division 1.4
  46. Operation of the craft
  47. 2.1Division 2.1
  48. 2.2Division 2.2
  49. Cargo handling, stowage and passenger transport
  50. 3.1Division 3.1
  51. 3.2Division 3.2
  52. 3.3Division 3.3
  53. Marine engineering and electrical, electronic and control engineering
  54. 4.1Division 4.1
  55. 4.2Division 4.2
  56. 4.3Division 4.3
  57. 4.4Division 4.4
  58. 4.5Division 4.5
  59. Maintenance and repair
  60. 5.1Division 5.1
  61. Communication
  62. 6.1Division 6.1
  63. 6.2Division 6.2
  64. 6.3Division 6.3
  65. Health and safety, passenger rights and environmental protection
  66. 7.1Division 7.1
  67. 7.2Division 7.2
  68. 7.3Division 7.3
  69. 7.4Division 7.4
  70. STANDARDS OF COMPETENCE FOR SAILING ON INLAND WATERWAYS WITH A MARITIME CHARACTER
  71. 1Division 1
  72. 2Division 2
  73. 3Division 3
  74. STANDARDS OF COMPETENCE FOR SAILING WITH THE AID OF RADAR
  75. 1Division 1
  76. 2Division 2
  77. 3Division 3
  78. 4Division 4
  79. 5Division 5
  80. STANDARDS OF COMPETENCE FOR PASSENGER NAVIGATION EXPERTS
  81. 1Division 1
  82. 2Division 2
  83. 3Division 3
  84. 4Division 4
  85. STANDARDS OF COMPETENCE FOR LIQUEFIED NATURAL GAS (LNG) EXPERTS
  86. 1Division 1
  87. 2Division 2
  88. 3Division 3
  89. 4Division 4
  90. 5Division 5
  91. 6Division 6
  92. 7Division 7
  93. Annex II: STANDARD FOR PRACTICAL EXAMINATIONS
  94. STANDARDS FOR THE PRACTICAL EXAMINATION FOR OBTAINING A SPECIFIC AUTHORISATION FOR SAILING WITH THE AID OF RADAR
  95. 1Specific competences and assessment situations
  96. 2Technical requirements for craft used for practical examination
  97. STANDARDS FOR THE PRACTICAL EXAMINATION FOR OBTAINING A CERTIFICATE OF QUALIFICATION AS A PASSENGER NAVIGATION EXPERT
  98. 1Specific competences and assessment situations
  99. 2Technical requirements for craft and shore installation used for practical examination
  100. STANDARDS FOR THE PRACTICAL EXAMINATION FOR OBTAINING A CERTIFICATE OF QUALIFICATION AS A LIQUEFIED NATURAL GAS (LNG) EXPERT
  101. 1Specific competences and assessment situations
  102. 2Technical requirements for craft and shore facilities used for practical examination
  103. STANDARDS FOR PRACTICAL EXAMINATION FOR OBTAINING A CERTIFICATE OF QUALIFICATION AS A BOATMASTER
  104. 1Specific competences and assessment situations
  105. Appendix 1Content of the part of the examination on journey planning
  106. 2Technical requirements for craft used for the practical examination
  107. VSTANDARDS FOR THE ADDITIONAL MODULE ON SUPERVISION IN THE CONTEXT OF THE PRACTICAL EXAMINATION FOR OBTAINING A CERTIFICATE OF QUALIFICATION AS A BOATMASTER
  108. 1Specific competences and assessment situations
  109. 2Minimum requirements for the craft on which the practical examination will take place
  110. Annex III: STANDARDS FOR THE APPROVAL OF SIMULATORS
  111. ITECHNICAL AND FUNCTIONAL REQUIREMENTS FOR VESSEL HANDLING AND RADAR SIMULATORS IN INLAND NAVIGATION
  112. STANDARDS FOR THE ADMINISTRATIVE PROCEDURE FOR THE APPROVAL OF VESSEL-HANDLING SIMULATORS AND RADAR SIMULATORS
  113. IProcedure for the approval of simulators used in examinations referred to in points (a) and (b) of Article 17(3) of Directive (EU) 2017/2397
  114. IINotification of the approval and quality standards system
  115. Annex IV: STANDARDS FOR MEDICAL FITNESS
  116. MEDICAL FITNESS CRITERIA FOR MEDICAL CONDITIONS (GENERAL FITNESS, VISION AND HEARING)
  117. Introduction
  118. Relevant vision criteria as meant under diagnostic code H 0059
  119. Minimum eyesight criteria:
  120. 1Daytime visual acuity:
  121. 2Eyesight at dawn and dusk:
  122. 3Field of view:
  123. 4Colour sense for deck crew members with navigational duties:
  124. Notes to the table and the Appendices:
  125. * Recurrence rates:
  126. ** Adult asthma:
  127. ***Mitigation measures and restrictions