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Official Journal of the European Union
11.2.2012
COMMISSION IMPLEMENTING DECISION
of 9 February 2012
on the recognition of Uruguay pursuant to Directive 2008/106/EC of the European Parliament and
of the Council as regards the systems for the training and certification of seafarers
(notified under document C(2012) 619)
(Text with EEA relevance)
(2012/76/EU)
THE EUROPEAN COMMISSION,
evidence concerning the implementation of appropriate
and sufficient corrective action to address most of the
Having regard to the Treaty on the Functioning of the European
deficiencies identified during the assessment of
Union,
compliance.
Having regard to Directive 2008/106/EC of the European
(6) Two
shortcomings
remain.
The
first
refers
to
the
fact
that
Parliament and of the Council of 19 November 2008 on the
the quality standards system does not cover some of the
minimum level of training of seafarers ( 1 ), and in particular the
activities of the administration, such as the approval of
first subparagraph of Article 19(3) thereof,
training programmes. The other shortcoming relates to
the format of certificates. Uruguay has therefore been
Having regard to the request from Spain on 14 February 2006,
invited to implement further corrective actions in this
respect. However, these shortcomings do not warrant
Whereas:
calling into question the overall level of compliance of
Uruguay with STCW requirements on training and
certification of seafarers.
(1) According
to
Directive
2008/106/EC
Member
States
may
decide to endorse seafarers’ appropriate certificates issued
by third countries, provided that the third country
(7)
The outcome of the assessment of compliance and the
concerned is recognised by the Commission. Those
evaluation of the information provided by Uruguay
third countries have to meet all the requirements of
demonstrates that Uruguay complies with the relevant
the International Maritime Organisation (IMO)
requirements of the STCW Convention, while this
Convention on Standards of Training, Certification and
country has taken appropriate measures to prevent
Watchkeeping for Seafarers, 1978 (STCW Conven
fraud involving certificates.
tion) ( 2 ), as revised in 1995.
(8) The
measures
provided
for
in
this
Decision
are
in
(2) The
request
for
the
recognition
of
Uruguay
was
accordance with the opinion of the Committee on Safe
submitted by Spain by letter of 14 February 2006.
Seas and the Prevention of Pollution from Ships,
Following this request, the Commission assessed the
training and certification system in Uruguay in order to
HAS ADOPTED THIS DECISION:
verify whether Uruguay meets all the requirements of the
STCW Convention and whether the appropriate
measures have been taken to prevent fraud involving
Article 1
certificates. That assessment was based on the results of
For the purposes of Article 19 of Directive 2008/106/EC,
an inspection carried out by experts of the European
Uruguay is recognised as regards the systems for the training
Maritime Safety Agency in June 2007. During that
and certification of seafarers.
inspection certain deficiencies in the training and certifi
cation systems were identified.
Article 2
(3) The
Commission
provided
the
Member
States
with
a This Decision is addressed to the Member States.
report on the results of the assessment.
(4) By
letters
of
16
February
2009
and
8
December
2010,
the Commission requested Uruguay to provide evidence
Done at Brussels, 9 February 2012.
demonstrating that the deficiencies identified had been
corrected.
For the Commission
(5) By
letters
of
30
April
2009
and
18
March
2011,
Siim KALLAS
Uruguay provided the requested information and
Vice-President
( 1 ) OJ L 323, 3.12.2008, p. 33.
( 2 ) Adopted by the International Maritime Organisation.

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Document Outline

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