Directive (EU) 2021/1233 of the European Parliament and of the Council of 14 July 2021 amending Directive (EU) 2017/2397 as regards the transitional measures for the recognition of third-country certificates (Text with EEA relevance)

• Published date: 30 July 2021
• Date of Signature: 14 July 2021
• Official Gazette Publication: Official Journal of the European Union, L 274, 30 July 2021

30.7.2021 EN Official Journal of the European Union L 274/52

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DIRECTIVE (EU) 2021/1233 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 14 July 2021

amending Directive (EU) 2017/2397 as regards the transitional measures for the recognition of third-country certificates

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 91(1) thereof,

Having regard to the proposal from the European Commission,

After transmission of the draft legislative act to the national parliaments,

Having regard to the opinion of the European Economic and Social Committee (1),

After consulting the Committee of the Regions,

Acting in accordance with the ordinary legislative procedure (2),

Whereas:

(1) Directive (EU) 2017/2397 of the European Parliament and of the Council (3) sets out transitional measures in order to ensure the continued validity of certificates of qualification, service record books and logbooks issued before the end of its transposition period, and to give skilled crew members reasonable time in which to apply for a Union certificate of qualification, or another certificate recognised as equivalent. However, with the exception of the Rhine navigation licences referred to in Article 1(5) of Council Directive 96/50/EC (4), those transitional measures do not apply to the certificates of qualification, service record books and logbooks issued by third countries that are currently recognised by Member States under their national requirements, or international agreements, applicable before the entry into force of Directive (EU) 2017/2397.

(2) Article 10(3), (4) and (5) of Directive (EU) 2017/2397 lays down the procedure and the conditions for the recognition of certificates, service record books or logbooks issued by the authorities of a third country.

(3) Given that the procedure for recognition of third-country documents is based on the assessment of the certification systems in the requesting third country with the aim of determining whether the issuing of the certificates, service record books or logbooks specified in the request is subject to requirements that are identical to those laid down in Directive (EU) 2017/2397, it is unlikely that the recognition procedure will be completed before 17 January 2022.

(4) In order to ensure a smooth transition to the system of the recognition of third-country documents provided for in Article 10 of Directive (EU) 2017/2397, it is necessary to provide for transitional measures which allow the time needed for third countries to align their requirements to those laid down in that Directive, as well as for the Commission to assess their certification systems and, where appropriate to adopt an implementing act under Article 10(5) of that Directive. Those measures would also ensure legal certainty to the individuals and economic operators active in the inland waterway transport sector. In the light of those objectives, it is appropriate to set the cut-off date for third-country documents falling within the scope of those transitional measures by reference to the period for the transposition of

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