Annexes to COM(2024)203 - - Main contents
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This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2024)203 - . |
|---|---|
| document | COM(2024)203 |
| date | May 28, 2024 |
Article 21(2) provides that the Commission is empowered to adopt delegated acts in accordance with Article 31 to supplement the Directive by laying down standards for the approval of simulators, specifying the minimum functional and technical requirements and the administrative procedures in this regard, with the objective of ensuring that the simulators used for an assessment of competences are designed in such a way as to allow for the verification of the competences as prescribed under the standards for practical examinations referred to in Article 17(3).
Article 23(6) provides that the Commission is empowered to adopt delegated acts in accordance with Article 31 on the basis of the essential requirements for medical fitness referred to in Annex III to supplement the Directive by laying down the standards for medical fitness that specify the requirements with regards to medical fitness, in particular with regard to the tests that medical practitioners must carry out, the criteria they must apply to determine fitness for work, and the list of restrictions and mitigation measures.
Article 25(1) provides that the Commission is empowered to adopt delegated acts in accordance with Article 31 in order to supplement the information in the registers for service record books and logbooks with other information required by the models of service record books and logbooks adopted pursuant to Article 22(4), with the objective of further facilitating the exchange of information between Member States.
Article 31 empowers the Commission to adopt delegated acts referred to in the above mentioned articles of the directive. The article provides in its second paragraph:
‘The power to adopt delegated acts referred to in Article 17(1) and (4), Article 21(2), Article 23(6) and Article 25(1) and (2) shall be conferred on the Commission for a period of five years from 16 January 2018. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.’
2. LEGAL BASIS
The present Report is required by Article 31(2) of Directive (EU) 2017/2397. Pursuant to this provision, the delegation is conferred on the Commission for a period of five years from 16 January 2018 and the Commission is required to make a report in respect of the delegated powers. The same Article states that the delegation of power shall be tacitly extended for periods of identical duration, unless the European Parliament or the Council opposes such extension.
3. EXERCISE OF THE DELEGATION
From the entry into force of Directive (EU) 2017/2397 up until the date of the adoption of the present report, the Commission adopted the following delegated acts:
1. Commission Delegated Regulation (EU) 2020/473 of 20 January 2020 supplementing Directive (EU) 2017/2397 of the European Parliament and of the Council with regard to the standards for databases for the Union certificates of qualification, service record books and logbooks.
This delegated Regulation sets the standards laying down the characteristics and conditions for the use of databases of Union certificates of qualification, service record books and logbooks issued in accordance with Directive (EU) 2017/2397 and for documents recognised pursuant to its Article 10(2)-(3). It also defines access rights, functionalities and communication between the Union database and national registers. The Union database on crew-related documents will provide a consolidated overview of the data in the certificates of qualifications and on the service record books of the crew members that are kept in the national registers.
2. 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
This Delegated Directive supplements Directive (EU) 2017/2397 on certain standards relaged to professional qualifications in inland navigation. The standards were drawn up by the European Committee for Standardisation in Inland Navigation (CESNI).
The standards for competences include the required specific competences and corresponding knowledge and skills that are in compliance with the essential competence requirements set out in the Directive.
The Delegated Directive provides for standards for:
- Knowledge and skills
- Practical examinations
- Approval of simulators
- Medical fitness
The standards have been adopted for:
- the operational level (defining the key competence for boatmen and any other qualification at operational level);
- the management level (boat-masters);
- the specific authorisation for a boat-master sailing on inland waterways with a maritime character;
- the specific authorisation for a boat-master sailing with the aid of radar;
- passenger navigation experts;
- liquefied natural gas experts.
For the operational and management levels, the standards for competences cover the following chapters:
- navigation;
- operation of craft;
- cargo handling, stowage and passenger transport;
- marine engineering and electrical, electronic and control engineering;
- maintenance and repair;
- communication;
- health, safety and environmental protection.
All adopted delegated acts were transmitted to the European Parliament and the Council. There were no extension to the objection periods or objections during the provided objection periods.
3. Commission Delegated Regulation (EU) 2022/184 of 22 November 2021 amending Annex IV to Directive (EU) 2017/2397 of the European Parliament and of the Council
This legislative act replaces Annex IV of Directive (EU) 2017/2397 and establishes the applicable requirements regarding practical examinations and approval of simulators. It also establishes the essential competence requirements and the essential requirements regarding medical fitness, by reference to European Standards for Qualifications in Inland Navigation (ES-QIN).
4. EXTENSION OF THE PERIOD FOR THE DELEGATION OF POWERS
The Commission has over the past 4 years exercised the delegated powers conferred to it under Directive (EU) 2017/2397.
The exercise of the delegated powers enabled the Commission to adapt the relevant provisions of Directive (EU) 2017/2397 on standards for databases for the EU certificates of qualification, service record books and logbooks, as well as standards for competences and corresponding knowledge and skills, for the practical examinations, for the approval of simulators and for medical fitness.
The Commission considers that the delegation of power has proved to be necessary and will remain so. For this reason its extension seems appropriate.
5. CONCLUSION
With this report the Commission complies with the reporting requirement under Article 31(2) of Directive (EU) 2017/2397 and invites the European Parliament and the Council to take note of this report.
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