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11.2.2012 Official
Journal
of
the
European
Union L
38/45
COMMISSION IMPLEMENTING DECISION
of 9 February 2012
on the recognition of Ghana 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) 616)
(Text with EEA relevance)
(2012/75/EU)
THE EUROPEAN COMMISSION,
implementation of appropriate and sufficient corrective
action to address most of the deficiencies identified
Having regard to the Treaty on the Functioning of the European
during the assessment of compliance.
Union,
(6) Two
shortcomings
remain.
The
first
refers
to
the
fact
that
Having regard to Directive 2008/106/EC of the European
Ghana does not fully ensure that seagoing service carried
Parliament and of the Council of 19 November 2008 on the
out in the navy or on pilot ships is actually relevant for
minimum level of training of seafarers ( 1 ), and in particular the
the competencies required for certification. The other
first subparagraph of Article 19(3) thereof,
relates to deficiencies of fire-fighting training and
equipment of a maritime training institution. Ghana
Having regard to the request from Cyprus on 13 May 2005,
has therefore been invited to implement further
Whereas:
corrective actions in this respect. However, these short
comings do not warrant calling into question the overall
(1) According
to
Directive
2008/106/EC
Member
States
may
level of compliance of Ghana with STCW requirements
decide to endorse seafarers’ appropriate certificates issued
on training and certification of seafarers.
by third countries, provided that the third country
concerned is recognised by the Commission. Those
(7)
The outcome of the assessment of compliance and the
third countries have to meet all the requirements of
evaluation of the information provided by Ghana demon
the International Maritime Organisation (IMO)
strates that Ghana complies with the relevant
Convention on Standards of Training, Certification and
requirements of the STCW Convention, while this
Watchkeeping for Seafarers, 1978 (STCW Conven
country has taken appropriate measures to prevent
tion) (
fraud involving certificates.

2 ), as revised in 1995.
(8) The
measures
provided
for
in
this
Decision
are
in
(2) The
request
for
the
recognition
of
Ghana
was
submitted
accordance with the opinion of the Committee on Safe
by Cyprus by letter of 13 May 2005. Following this
Seas and the Prevention of Pollution from Ships,
request, the Commission assessed the training and certifi
cation system in Ghana in order to verify whether Ghana
HAS ADOPTED THIS DECISION:
meets all the requirements of the STCW Convention and
whether the appropriate measures have been taken to
Article 1
prevent fraud involving certificates. That assessment
For the purposes of Article 19 of Directive 2008/106/EC,
was based on the results of an inspection carried out
Ghana is recognised as regards the systems for the training
by experts of the European Maritime Safety Agency in
and certification of seafarers.
December 2009. During that inspection certain defi
ciencies in the training and certification systems were
Article 2
identified.
This Decision is addressed to the Member States.
(3) The
Commission
provided
the
Member
States
with
a
report on the results of the assessment.
Done at Brussels, 9 February 2012.
(4) By
letter
of
20
December
2010,
the
Commission
requested Ghana to provide evidence demonstrating
that the deficiencies identified had been corrected.
For the Commission
(5) By
letter
of
21
February
2011,
Ghana
provided
the
Siim KALLAS
requested information and evidence concerning the
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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