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EUROPEAN UNION GOVERNMENT OF ROMNIA MINISTRY OF LABOUR, FAMILY, SOCIAL PROTECTION AND ELDERY PERSONS AMPOSDRU European Social Fund POS DRU 2007-2013 Structural Instruments 2007 - 2013 1 Translation from Romanian THE EUROPEAN SOCIAL FUND Sectoral Operational Programme for Human Resources Development 2007 2013 Priority axis 3 „INCREASING ADAPTABILITY OF WORKERS AND ENTERPRISES” Major area of intervention 3.3 „Development of partnershi ps and encouraging initiatives for social partners and civil society" Project title: “The Network of Competent Authorities for Professional Qualifications in Romania (IMI PQ NET Romania)” Beneficiary: Ministry of National Education Contract no: POSDRU/93/3.3/S/53132 2013_05_L31.3_Bocii Guide to certification and recognition for professions from the marine field and related activities: ENGINE OPERATOR and NAVIGATIONAL WATCH Author: Prof. univ. Dr. Eng. Liviu Sevastian BOCÎI, [email protected], 0722519943 Subfield G1: Sectorial Committee of Transport, Romanian Railway Authority, CENAFER, Romanian Naval Authority, CERONAV

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Page 1: Engine operator and navigational watch

EUROPEAN UNION GOVERNMENT OF ROMNIA MINISTRY OF LABOUR,

FAMILY, SOCIAL PROTECTION AND ELDERY PERSONS

AMPOSDRU

European Social Fund POS DRU 2007-2013

Structural Instruments 2007 - 2013

1

Translation from Romanian

THE EUROPEAN SOCIAL FUND

Sectoral Operational Programme for Human Resources Development 2007 – 2013

Priority axis 3 „INCREASING ADAPTABILITY OF WORKERS AND ENTERPRISES”

Major area of intervention 3.3 „Development of partnerships and encouraging initiatives for social partners and

civil society"

Project title: “The Network of Competent Authorities for Professional Qualifications in Romania (IMI PQ NET

Romania)”

Beneficiary: Ministry of National Education

Contract no: POSDRU/93/3.3/S/53132

2013_05_L31.3_Bocii

Guide to certification and recognition for professions from the

marine field and related activities: ENGINE OPERATOR and

NAVIGATIONAL WATCH

Author:

Prof. univ. Dr. Eng. Liviu Sevastian BOCÎI, [email protected], 0722519943

Subfield G1: Sectorial Committee of Transport, Romanian Railway Authority, CENAFER,

Romanian Naval Authority, CERONAV

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EUROPEAN UNION GOVERNMENT OF ROMNIA MINISTRY OF LABOUR,

FAMILY, SOCIAL PROTECTION AND ELDERY PERSONS

AMPOSDRU

European Social Fund POS DRU 2007-2013

Structural Instruments 2007 - 2013

2

CONTENT

Introduction........................................................................................................................ 3

I. The status of the regulation of the professions: engine operator and navigational

watch, in Romania and in other Member States of the European Union..................... 4

II. Confirmation/certification procedures of competences applied by the Competent

Authorities in countries where the profession is regulated............................................. 11

2.1 Training for the professions: engine operator and navigational watch in

Romania…………………………………………………………………………...

11

2.2 The National System of Professional Certification in Portugal……………….. 12

2.3 Training for the profession of navigational watch in Spain................................ 13

2.4 Professional competences of the professions of: engine operator and

navigational watch..................................................................................................

16

2.5 Prevention of fraud and any other illegal practices in the competence

certification process................................................................................................

18

III. Processes of recognition of qualifications attained in other Member States of

the European Union............................................................................................................ 19

3.1 Recognition of professional qualification in the Czech Republic........................ 20

3.2 Recognition of professional qualification in the Netherlands.............................. 25

3.3 Recognition of professional qualification in Portugal........................................ 28

3.4 Recognition of professional qualification in Romania......................................... 30

3.5 Recognition of professional qualification in Spain............................................. 34

3.6 SOLVIT……………………………………………………………………………. 38

IV. The practice of the engine operator and navigational watch profession in the EU 40

Conclusions …...………….……………………………………….……......…………….. 42

Bibliography …………..…………………………………………….………………….. 43

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EUROPEAN UNION GOVERNMENT OF ROMNIA MINISTRY OF LABOUR,

FAMILY, SOCIAL PROTECTION AND ELDERY PERSONS

AMPOSDRU

European Social Fund POS DRU 2007-2013

Structural Instruments 2007 - 2013

3

INTRODUCTION

The project, “The Network of Competent Authorities for Professional Qualifications in Romania

(IMI PQ NET Romania)”, seeks, through the proposed activities, the attainment of three major

objectives throughout the implementation period, with the aim of obtaining results which are beneficial for

all parties, both during implementation, as well as post-implementation.

The guide to the certification and recognition of the profession of Engine Operator/Navigational

Watch constitutes one of these results, which developed following an analysis, conducted together with the

Competent Authorities, of the validation and certification of competences and processes of recognition of

qualification for each of the regulated professions. Thus, the development of guides by regulated

profession was considered to be highly important, aiming at achieving the following objectives:

Helping the Competent Authorities in Romania in the unfolding of the activity of standardization

of the processes of certification and recognition of the regulated professions under their management

by informing them in regard to the practices from other Members States of the European Union;

Informing all private persons who acquired qualifications in the respective field of activity in

Romania and who wish to practice the said profession in one of the Member States of the European

Union;

Promoting and consolidating the multisectorial partnership structure created through the project

(The IMI PQ NET Romania Network), being assisted by the IMI platform of the European

Commission.

The guide to certification and recognition of the regulated profession/professions has a standard

structure as was developed in accordance with the Development methodology of guides to certification and

recognition of professions, the analysis having been done for those Member States of the European Union

which were analysed (The Czech Republic, Denmark, Germany, Italy, Great Britain, the Netherlands,

Portugal and Spain), where the respective profession is regulated. Thus, this guide is the result of research

activities on specialized bibliography concerning the profession in question from each Member State of the

European Union, as well as of the existent and accessible information from the statistics in the IMI system.

In addition, the comparative studies at a European Union level were taken into consideration, developed for

the approached field, which are based on the experience of some study visits where the models and, more

importantly, the examples of good practices in the field of professional qualification and of the

implementation of the IMI system were identified.

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EUROPEAN UNION GOVERNMENT OF ROMNIA MINISTRY OF LABOUR,

FAMILY, SOCIAL PROTECTION AND ELDERY PERSONS

AMPOSDRU

European Social Fund POS DRU 2007-2013

Structural Instruments 2007 - 2013

4

I. THE STATUS OF THE REGULATION OF THE PROFESSIONS: ENGINE

OPERATOR AND NAVIGATIONAL WATCH IN ROMANIA AND IN OTHER

MEMBER STATES OF THE EUROPEAN UNION

The profession of engine operator is regulated, according to the national laws of transposition of

Directive 2005/36/EC of the European Parliament and Council of 7 September 2005, on the recognition of

professional qualifications, in three Member States of the European Union of those analysed, namely: the

Czech Republic, the Netherlands and Portugal, and the profession of navigational watch, is regulated in

two analysed Member States: Portugal and Spain.

In table 1 are presented the six Member States of the European Union, in which the profession of:

engine operator is regulated, and in table 2 are presented the two Member States in which the profession of:

navigational watch is regulated. From table 1 it can be noted that, for the same generic name: Engine operator

class I, II, III, there are states that have regulated several professions, coordinated by a single Competent

Authority (Bulgaria – 4 professions; the Czech Republic – 4 professions; Slovenia – 4 professions; Portugal

– 2 professions; Iceland and the Netherlands - a profession each).

Thus, the summarized situation presented in table 1, is the following:

Bulgaria has four regulated professions for the same generic name, namely: Машинист на енергийни

котли (Operator of power boilers) – operator de cazane; Машинист на котли с високо налягане

ІІІ, ІІ и І степен (Operator of high pressure boilers III, II and I degree/class) - operator de cazane de

înaltă presiune gradul I, II, III; Машинист на котли с ниско налягане (Operators of low pressure

boilers) – operatori de cazane de joasă presiune; Оператор на енергиен блок (Operator of power

block) – operator pupitru de putere;

The Czech Republic has four regulated professions, according to Directive 2005/36/EC of the European

Parliament and Council, of 7 September 2005: Motorář 1. Třídy (Motorman class 1) – motorist clasa I;

Motorář 2. Třídy (Motorman class 2) – motorist clasa a II a; Strojmistr (Machine minder) -

supraveghetor (operator) maşini; Strojní asistent (Engine assistant) – motorist asistent;

Iceland has a single regulated profession: Vélavörður (VV) (Engine operator) – motorist;

The Netherlands has a single regulated profession in accordance with Directive 2005/36/EC of the

European Parliament and Council, of 7 September 2005: Motordrijver (Engine operator – motorist;

Portugal has two regulated professions for the same generic name, namely: Maquinista prático (1a, 2a e

3a classes) (engineer (motorman) (classes 1,2 and 3))– mecanic (motorist) (clasele 1, 2 şi 3);

Marinheiro Maquinista – engine seaman;

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EUROPEAN UNION GOVERNMENT OF ROMNIA MINISTRY OF LABOUR,

FAMILY, SOCIAL PROTECTION AND ELDERY PERSONS

AMPOSDRU

European Social Fund POS DRU 2007-2013

Structural Instruments 2007 - 2013

5

Slovenia has 4 regulated professions: Upravitelj stroja in prvi častnik stroja na ladji s pogonskim

strojem z močjo 750 in 3000 KW (Chief engineer and first engineer officer on a ship with an engine

between 750 and 3000 KW) – şef mecanic şi inginer mecanic pe nava cu motor cu puterea cuprinsă

între 750 și 3000 KW; Častnik stroja na ladji s pogonskim strojem z močjo do 750 KW v mali obalni

plovbi (Engineer officer on a ship powered by a main engine under 750 KW for coastal trade) – ofițer

mecanic pe navă a marinei corciale propulsată de un motor principal cu o putere mai mică de 750 KW;

Častnik stroja zadolžen za stražo v strojnici na ladji s pogonskim strojem z močjo 750 KW ali več

(Officer of the watch in the engine room with an engine of 750 KW or more) - ofițer de cart, în sala

motoarelor navelor cu motoare cu putere egală sau mai mare de 750 kW.

The situation, summarized and presented in table 2, is the following:

Portugal has two regulated professions for the same generic name, namely: Maquinista prático (1a, 2a e

3a classes) (engineer (motorman) (classes 1,2 and 3) – mecanic (motorist) (classes 1, 2 and 3);

Marinheiro Maquinista – engine seaman;

Spain has one regulated profession for the same generic name: Navigational watch, namely: Marinero –

seaman.

In Romania these professions (engine operator and navigational watch) are found in Annex no. 2: The

list of regulated professions in Romania of Act 2001 of 25 May 2004, on recognition of diplomas and

professional qualification for the regulated professions in Romania, which are not presently published in the

European database of regulated professions (The Single EU Market. Regulated professions database2).

1 Act 200 of 25 May 2004, on recognition of diplomas and professional qualifications for the regulated professions in

Romania, Official Journal of Romania, Part I, no. 500 of 3 June 2004. 2 ec.europa.eu/internal_market/qualifications/regprof

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EUROPEAN UNION GOVERNMENT OF ROMNIA MINISTRY OF LABOUR,

FAMILY, SOCIAL PROTECTION AND ELDERY PERSONS

AMPOSDRU

European Social Fund POS DRU 2007-2013

Structural Instruments 2007 - 2013

6

Table 1. State of regulation of the profession: Engine operator in the EU 3

The name of the profession in the

language of origin (translation into

English)/generic name

The country where

it is regulated The competent authority

Recognition according to

Directive 2005/36/EC

(National legislation)

Qualification level

1 2 3 4 5

Машинист на енергийни котли

(Operator of power boilers)/ Engine

operator class I, II, III

Bulgaria

State Agency for Metrological and

Technical Surveillance (SAMTS),

52А, G.M.Dimitrov Str. 1797 Sofia,

Phone: +359 2 986 45 88

Fax: +359 2 986 17 07

General system of

recognition – primary

application (Ordinance №

2/17.01.2001)

Competence Certificate

(ATT, art. 11 a) Машинист на котли с високо

налягане ІІІ, ІІ и І степен (Operator of

high pressure boilers III, II and I

degree/class)/ Engine operator class I, II,

III

Машинист на котли с ниско налягане

(Operator of low pressure boilers)/ Engine

operator class I, II, III

SEC – Certificate which

attests to the completion of

a secondary education

cycle, art. 11 b

Оператор на енергиен блок (Operator

of power block)/ Engine operator class I,

II, III

Competence Certificate

(ATT, art. 11 a)

3 http://ec.europa.eu/internal_market/qualifications/regprof (15.05.2013)

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EUROPEAN UNION GOVERNMENT OF ROMNIA MINISTRY OF LABOUR,

FAMILY, SOCIAL PROTECTION AND ELDERY PERSONS

AMPOSDRU

European Social Fund POS DRU 2007-2013

Structural Instruments 2007 - 2013

7

Continuation table 1

1 2 3 4 5

Motorář 1. Třídy (Motorman class 1)/

Engine operator class I, II, III

Czech Republic

Ministry of Transport

nábř. Ludovíka Svobody 12/22,

P.O.BOX 9, 110 15 Prague,

Phone: +420 972 231 111

Fax: +420 972 231 184

Email: [email protected];

[email protected]

General system of recognition –

primary application (Act No.

61/2000 Coll., Decree No.

450/2000 Coll.)

SEC – Certificate

which attests to the

completion of a

secondary education

cycle, art. 11 b

Motorář 2. Třídy (Motorman class 2)/

Engine operator class I, II, III

Strojmistr (Machine minder)/ Engine

operator class I, II, III

General system of recognition –

primary application (Act No.

61/2000 Coll., Decree No.

450/2000 Coll. Act. No. 114/1995

Coll., Decree No. 224/1995 Art.11)

Competence

Certificate

(ATT, art. 11 a)

Strojní asistent (Engine assistant)/ Engine

operator class I, II, III

General system of recognition –

primary application (Act No.

61/2000 Coll., Decree No.

450/2000 Coll.)

SEC – Certificate

which attests to the

completion of a

secondary education

cycle, art. 11 b

Vélavörður (VV) (Engine operator)/ Engine

operator class I, II, III Iceland

Ministry of Interior

Hafnarhúsinu við Tryggvagötu

150 Reykjavik, Phone: +354-

545-8242, Fax: +354-562-1702

[email protected]

General system of recognition –

primary application (Certification

of Marine Engineers serving on

board Icelandic Ships Act No.

113/1984, as amended)

Competence

Certificate

(ATT, art. 11 a)

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EUROPEAN UNION GOVERNMENT OF ROMNIA MINISTRY OF LABOUR,

FAMILY, SOCIAL PROTECTION AND ELDERY PERSONS

AMPOSDRU

European Social Fund POS DRU 2007-2013

Structural Instruments 2007 - 2013

8

Continuation table 1

1 2 3 4 5

Motordrijver / Engine operator class I, II,

III The Netherlands ---

General system of

recognition – primary

application

Diploma (post-secondary

education), including

annex II (ex 92/51, annex

C, D), art. 11 c

Maquinista Prático (1a, 2a e 3a classes) /

Engine operator class I, II, III

Portugal

Instituto Portuário e dos Transportes

Marítimos (Sea Ports and Sea

Transport Institute), Edíficio Vasco da

Gama, Rua General Gomes Araújo

1399 - 005 Lisboa, Phone: +351-21 391

45 00, Fax: +351-21 391 46 00

Email: [email protected]

URL: www.imarpor.pt

General system of

recognition – primary

application

SEC – Certificate which

attests to the completion of

a secondary education

cycle, art. 11 b Marinheiro Maquinista / Engine operator

class I, II, III

Upravitelj stroja in prvi častnik stroja na

ladji s pogonskim strojem z močjo 750 in

3000 KW (Chief engineer and first engineer

officer on a ship with engine between 750

and 3000 KW)/ Engine operator class I, II,

III

Slovenia

Ministrstvo za Infrastrukturo in

Prostor (Department of Infrastructure and

Space), Langusova ulica 41535 Ljubljana,

Phone: +386-1 478 80 00, Fax: +386-1

478 81 39 [email protected],

www.mzip.gov.si

General system of

recognition – primary

application

SEC – Certificate which

attests to the completion of

a secondary education

cycle, art. 11 b

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EUROPEAN UNION GOVERNMENT OF ROMNIA MINISTRY OF LABOUR,

FAMILY, SOCIAL PROTECTION AND ELDERY PERSONS

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Continuation table 1

1 2 3 4 5

Častnik stroja na ladji s pogonskim

strojem z močjo do 750 KW v mali

obalni plovbi (Engineer officer on ship

powered by main engine under 750 KW

for coastal trade) / Engine operator class

I, II, III

Slovenia

Ministrstvo za Infrastrukturo in

Prostor (Department of Infrastructure and

Space), Langusova ulica 41535 Ljubljana,

Phone: +386-1 478 80 00, Fax: +386-1

478 81 39 [email protected],

www.mzip.gov.si

General system of

recognition – primary

application

SEC – Certificate which

attests to the completion of

a secondary education

cycle, art. 11 b

Častnik stroja na ladji s pogonskim

strojem z močjo do 750 KW v mali

obalni plovbi / Engine operator class I,

II, III

PS3 - Diploma of a

postsecondary level

(3 - 4 years), art. 11 d

Častnik stroja zadolžen za stražo v

strojnici na ladji s pogonskim strojem z

močjo 750 KW ali več (Officer of the

watch in engine room with engine of 750

KW or more)/ Engine operator class I,

II, III

SEC – Certificate which

attests to the completion of

a secondary education

cycle, art. 11 b

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Structural Instruments 2007 - 2013

10

Table 2. State of regulation of the profession: Navigational watch in the EU 4

The name of the profession in the

language of origin (translation into

English)/generic name

The country where

it is regulated The competent authority

Recognition according to

Directive 2005/36/EC

(National legislation)

Qualification level

1 2 3 4 5

Gens de mer (pont) (pêche en mer) /

Scheepsgezellen (dek) (zeevisserij)

(Seafarers (deck) (Fishing fleet))/

Navigational watch

Belgium

FOD Mobiliteit en Vervoer, Maritiem Vervoer,

Vooruitgangsstraat 56

1210 Brussel, Phone: + 32-2-277 35 00

Fax: + 32-2-277 40 52

Email: [email protected]

General system of

recognition – primary

application

SEC – Certificate which

attests to the completion

of a secondary education

cycle, art. 11 b

Brovakt / Navigational watch Norway ---

General system of

recognition – primary

application

Competence

Certificate

(ATT, art. 11 a)

Marinheiro de 1a e 2a classes/

Navigational watch Portugal

Instituto Portuário e dos Transportes Marítimos, Sea

Ports and Sea Transport Institute, Edíficio Vasco da

Gama, Rua General Gomes Araújo 1399 - 005 Lisboa,

Phone: +351-21 391 45 00, Fax: +351-21 391 46 00,

[email protected], www.imarpor.pt

General system of

recognition – primary

application

SEC – Certificate which

attests to the completion

of a secondary education

cycle, art. 11 b

Marinero / Navigational watch Spain ---

General system of

recognition – primary

application

Diploma (post-secondary

education), including

annex II (ex 92/51, annex

C, D), art. 11 c

4 http://ec.europa.eu/internal_market/qualifications/regprof (15.05.2013)

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II. CONFIRMATION/CERTIFICATION PROCEDURES OF COMPETENCES

APPLIED BY THE COMPETENT AUTHORITIES IN COUNTRIES WHERE

THE PROFESSION IS REGULATED

The competences certification process is the process through which an accredited institution

certifies the fact that a person has competences in a certain field, through a document called a certificate

(attestation) of professional competence. A certificate of professional competence is not a diploma of

studies, but it certifies the fact that a person has a certain level of expertise in a certain field, and this allows

for the growth of his chances to be hired and for a superior credibility of his services and the products which

he offers.

The basic principles of the professional competence certification process are as follows:

The certification of competences is an optional process and not a mandatory one. Yet, institutional

policies may exist which mandate the certification of the competences of their members as a

requirement to be part of the respective organization;

The evaluation of professional competences can be done by the same organization which certified

the competences or by another organization;

Generally, the professional competence is checked in its entirety and not parts of it;

The certification of professional competences is a separate process from professional training (in

other words, an organization that awards professional competences through training cannot directly

participate in their certification);

The centres of professional training may facilitate the professional competence certification process

through partnerships and agreements with the competence certification organizations.

2.1. Training for the professions: engine operator and navigational watch in Romania

ENGINE OPERATOR

For attaining the Engine operator certificate of proficiency (Vocational Qualification Course for

Engine Operator Support Level), the applicants (secondary school graduates at least 16 years of age), shall

attend a training course at The Romanian Centre for Personnel Training and Improvement in Marine

Transport (CERONAV), with a duration of 14 weeks (560 hours), and 4 weeks of mandatory courses IMO

– International Maritime Organisation (160 hours), total qualification hours: 720 hours/18 weeks.

The course is mandatory towards attaining The Engine Operator Proficiency Certificate. After

completion of this course, the candidates shall acquire an Engine Operator qualification attestation which

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will give them the right to attend the certification exam organized by RNA – Romanian Naval Authority,

towards attaining the Engine Operator Certificate of Proficiency.

The structure of this course is formed from the following modules: 1 - Internal combustion engines;

2 – Marine boilers; 3 – Steam piston machinery; 4 – Gas steam turbines; 5 – Supervision of ship borne

mechanical facility operation; 6 – Ship’s construction and endurance; 7 – Maritime Legislation; 8 –

Occupational safety; 9 – English language; 10 – Practical training.

The Romanian Centre for Personnel Training and Improvement in Marine Transport -

CERONAV offers the possibility of attending this course in one of two versions:

having the mandatory IMO courses included;

without IMO courses.

NAVIGATIONAL WATCH

For attaining the Navigational watch certificate of proficiency (Vocational Qualification Course for

Ordinary Seaman), the applicants (secondary school graduates at least 16 years of age), shall attend a training

course with a duration of 10 weeks (400 hours) and 4 weeks of mandatory IMO – International Maritime

Organisation courses (160 hours), final test (24 hours/3 days), total qualification hours: 584 hours.

The course is mandatory towards attaining the Navigational Watch Certificate of Proficiency.

After completion of this course, the candidates shall acquire a Navigational Watch qualification attestation

which will give them the right to attend the certification exam organized by RNA – Romanian Naval

Authority, towards attaining the Navigational Watch Certificate of Proficiency.

The structure of this course is formed from the following modules: 1 - Seamanship; 2 – TCWN; 3 –

Maritime law; 4 – Occupational safety and security legislation; 5 – English language; 6 – Mandatory IMO

courses.

The Romanian Centre for Personnel Training and Improvement in Marine Transport -

CERONAV offers the possibility of attending this course in one of two versions:

having the mandatory IMO courses included;

without IMO courses.

2.2. The National System of Professional Certification in Portugal

The National System of Professional Certification is coordinated by the Ministry of Labour and

Social Solidarity, it has a three-part basis formed of the public administration, syndical associations and

employees’ associations, it integrates structures of coordination provided by the Permanent Certification

Commission (CPC), an organ of the system that works under the Administration Board of the Institute for

Employment and Vocational Training (Instituto de Empleo y Formación Profesional - IEFP).

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Professional Certification

Professional certification, according to the information provided by the Institute for Employment and

Vocational Training (IEFP), is a process that has as its main objective the continuous improvement of the

quality of the „actors” of the labour force, by recognition and certification of professional qualifications, as

well as the identification of those missing from the labour market, for a good nearing to the true requirements

of the productive system, assuring a high competitiveness on the labour market.

Engine operator, class I

For accessing the recognition of the qualification of an engine operator, class I, the applicant shall

already hold the engine operator, class II certificate, and shall cumulatively satisfy the following conditions:

Two years of seagoing service on ships powered by a main engine under 750 kW;

He is enrolled in the second cycle of the course on propulsion of marine ships or an equivalent.

The engine operator, class I, may perform onboard the ships, in accordance with his professional

training, positions such as:

Chief engineer on ships powered by a main engine under 3000 kW, on the condition that he finished a

seagoing period of one year as a marine engineer officer, class II;

Marine engineer officer, class II on ships powered by a main engine of any propulsion power.

Engine operator, class II

For the recognition of the qualification as an engine operator, class II, the applicant must submit a

certificate for a seagoing period of one year, on ships (vessels) powered by a main engine under or equal to

750 kW. In addition, he must satisfy the following condition:

A seagoing period of three months, without problems, as a practitioner on ships with both types (kinds)

of propulsion.

An engine operator, class II may fulfil the following positions:

Marine engineer officer, class II on ships (vessels) powered by a main engine under 3000 kW, for a

seagoing period of one year as a mechanic officer watchkeeping chief - OMCQ (oficiais de máquinas

chefes de quarto);

officer watchkeeping chief - OMCQ (oficiais de máquinas chefes de quarto) on ships (vessels)

powered by a main engine of any propulsion power.

2.3. Training for the profession of navigational watch in Spain

In Spain, Royal Decree no. 973 of 12 June 2009 (Real Decreto 973/20095 de 12 de junio, por el

que se regulan las titulaciones profesionales de la marina mercante), regulates the professional titles in the

merchant marine. In addition, Order PRE/646 of 5 March 2004 (Orden PRE/646/2004, de 5 de marzo, por

5 BOE núm. 159, del 2 de junio de 2009

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la que se establecen los contenidos mínimos de los programas de formación sanitaria específica y las

condiciones para la expedición y homologación del certificado de formación sanitaria de los trabajadores del

mar), establishes the minimal contents of the training programs in the health department specific to the

marine and the conditions for issuing and approving the certificate of health training of seafarers. In the

following table the main characteristics of the professions in the Spanish merchant marine are presented by

levels of qualification. It can be noted that for levels 1 through 3 there are 7 professional titles, amongst

which falls also the profession of Navigational Watch, its validity of the certificate of proficiency being of 5

years, the reconfirmation and renewal of which is possible after 5 years, if the applicant passes the physical

aptitude test.

Table 3. Main characteristics of the professions in the Spanish merchant marine6

Competence distribution

Exclusive Competence Directorate General of Merchant Marine

The number of professional titles by qualification levels

Levels 4 and 5 7

Levels 1 through 3 7

Number of certificates 17

Certificate of initial training Mandatory for all seafarers

Certificates of specialisation Mandatory, depending on the position held on the ship and on

the characteristics of the equipments on it.

Validity (geographic) of titles

and certificates

The professional cards are issued in accordance with the

provisions of the STCW Convention, which leads to their

European and international recognition

Validity of titles Shall be renewed every 5 years, if the applicant passes the

physical aptitude test

Validity of certificates Varies: 5 years or unlimited

Competence certification

document (titles and

certificates)

Professional card

From the scheme in figure 1, it results that most Spanish merchant marine professions require higher

education (level 4 - 5), both for the command of the ship (captain, pilot, etc.) as well as for the engine

department (chief engineer, engineer, first class, merchant marine, etc.), the Navigational Watch profession

(level 1 - 2) requiring for an educational level: a Diploma (post-secondary education), including annex II (ex

92/51, annex C, D), art. 11 c.

6 www.forem.es

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Professional duties of navigational watches by seagoing service period:

For navigational watches onboard merchant ships: two months of seagoing service on civilian vessels

with the effective execution of watchkeeping service, with the exception of students that finished at

least one academic year and have in their possession a certificate from the official training centre, that

meets the provisions of sections A-II/4 and A/VI of the STCW (Standard of Training Certification

and Watchkeeping) Code.

For navigational watches onboard merchant ships less than 6 meters long (which usually do not carry

more than 12 passengers and operate exclusively in national harbours): six months of seagoing service.

Conditions for attaining the confirmation of the navigational watch certificate of proficiency:

The applicant must have in his possession the certificate attained after initial training;

To be a graduate of the course for Navigational Watch in merchant marine;

To certify the seagoing service period required (two months of seagoing service on civilian vessels

with the effective execution of watchkeeping service).

Fig. 1. The structure of professional titles from the Spanish merchant marine by occupational fields

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2.4. Professional competences of the professions of: engine operator and navigational watch

THE ENGINE OPERATOR7 operates onboard maritime ships or river boats, in accordance to the

criteria agreed upon on an international and national level. The main activity of the engine operator takes

place inside the engine department and the annex spaces onboard the ship, where special jobs are performed:

operation, supervision, maintenance and repair of the facilities and equipment. The engine operator is part

of the execution personnel. Due to the complexity of activities, performing this profession is conditioned on

acquiring some competences concerning: knowledge of the ship on which he is embarked (design features,

partitioning and arrangement of tanks, its endowment with deck facilities, machinery and equipment, their

operation, performances, and operational limits) and of the means and equipment for life-safety and of fire

fighting included in the equipment of the engine service (their location of placement, the manner of use

adequate to the situation), performing watchkeeping service and guard service, participation in preparing the

commissioning, operating, maintenance, technical revision, and repair with onboard means of the

malfunctions in the technical facilities in the engine department and annex spaces, and reporting any

malfunction or anomaly noticed about the operation or state of the machinery, facilities, and equipment,

performing the pumping of fuel and lubricant tanks, and reporting the results to the Engineer, first class,

merchant marine, participating in embarking and disembarking of materials for engine service, as well as

food supplies and packages, in cleaning activities in the engine department and the annex spaces, and in the

training, exercises, and workout sessions carried out onboard the ship, in view of raising the degree of safety

and security of the ship. The complex activity performed by the engine operator requires competences of

having good knowledge of seafaring practice, good usage of the means, facilities, and equipment onboard a

ship, a good performer, with physical and mental endurance, and a good partner in the relations with other

members of the crew, being attached to the ship and the crew. For performing the activities specific to the

occupation, an engine operator knows and applies the laws and regulations which normalise life onboard the

ship and at sea, knows the organisation of onboard activities, performs actions for implementation of the safety

roles, locating and efficiently using rescue means, fire fighting and covering the water holes, applies the

principles of operation, use, technical revision, and repair of the technical facilities in the engine department

and the annex spaces. The engine operator fulfils the orders of his hierarchical superiors concerning the

normalisation of life on board and at sea, efficiently uses the means, materials, and facilities in the engine

department onboard the ship, and reports to the ship’s command the appearance of any damage, which can

put the safety of the ship and of the crew in danger. The engine operator is able to overcome the effect of

stress factors.

7 http://www.anc.gov.ro/uploads/so/l/motorist-nave.pdf

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The profession of NAVIGATIONAL WATCH8 supposes a complexity of competencies required for

performing the activities specific onboard maritime or river ships, in accordance with the criteria agreed upon

on an international and national level. The navigational watch is part of the execution personnel that performs

a complex activity onboard the ship. Due to the complexity of the activities, the practice of this occupation is

conditioned on acquiring certain competences concerning: knowledge of the ship on which he is embarked

(design features, partitioning and arrangement of tanks, its endowment with deck facilities, machinery and

equipment, their operation, performances, and operational limits, the possibility of using the deck facilities and

especially the steering system, coupling /anchoring, in different situations), knowledge of the means and

materials of life-safety and of fire fighting included in the equipment of the service deck (their location of

placement, the manner of usage adequate to the situation and intervention according to his role, for

extinguishing fires on his own ship and near it), participation in preparing the ship for motion (manoeuvre), or

embarking /disembarking, in manoeuvring the loading facilities, in opening/closing the covers of the cargo

spaces system, the ventilation system of the cargo spaces, participation in manoeuvres of dipping and hoisting

the vessels, performing the operations ordered by the person in charge of these activities, taking part in loading

and discharging the materials for the service deck, taking part in the cleaning and maintenance activities of the

ship, and in the training, exercises, and workout sessions carried out onboard the ship, in view of raising the

degree of safety and security of the ship.

The complex activity performed by the navigational watch requires a series of skills, habits and

abilities such as: having good knowledge of seafaring practice, good usage of the means, facilities and

equipment onboard a ship, common method of proper operation of the facilities and maintenance of the ship, a

good performer, with physical and mental endurance and a good partner in the relations with other members of

the crew, being attached to the ship and the crew.

For performing the activities specific to the occupation, a navigational watch knows and applies the

laws and regulations which normalise life onboard the ship and at sea, knows the organisation of onboard

activities, the location and efficient use of rescue means, performs actions for implementation of the safety

roles, of fire fighting, and of endurance, applies the principles of operation and use of the facilities and

equipment onboard the ship.

In light of the deepening effect of global economic globalization and of increase in mixed crews, the

English language has become the main means of communication onboard maritime ships, therefore, knowledge

of it and knowledge of the specific terms represents an essential requirement towards the integration of

seafarers within the crews of the ships on which they are embarked.

8 http://www.anc.gov.ro/uploads/so/l/marinar.pdf

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2.5. Prevention of fraud and any other illegal practices in the competence certification process

In Romania, the Romanian Naval Authority (RNA) is the national competent authority appointed to

discover and combat fraud and other illegal practices concerning the certification process or the process of

issuing and attestation of certificates, as well as to apply effective, proportionate, and preventive sanctions.

Thus, in conformity with the legislation in force for the approval of minimum criteria of training and

improvement of the Romanian seafarer personnel and of the system of recognition of certificates of

competence, the RNA shall ensure the information exchange with the competent authorities of the other

Member States of the European Union and of third states with which it entered a recognition process in

accordance with Rule I/10 paragraph 1.2 of the STCW Convention, on seafarer certification. In addition,

the Romanian Naval Authority shall inform the European Commission, the other Member States of the

European Union, and any third state with which it initiated a recognition process about the details of the

competences provided in the mentioned article, at paragraphs (1) and (2), as well as on the request of the

competent authorities of the Member States and third states, shall provide written confirmations or

confutations on the authenticity of the certificates and attestations of the seafarers as well as of any other

national documents issued as proof for the completed training.

Sanctions and disciplinary measures

For the impartial investigation of situations when cases were found and reported of incompetence

and of actions or omissions by certificate or attestation holders, which it issued, concerning the fulfilment of

the duties which result from these documents while performing the duties specific to them, which could

directly endanger the safety of life or of goods at sea or the maritime environment, the Romanian Naval

Authority (RNA) shall define the internal procedures concerning the withdrawal, suspension or cancellation

of the certificates and attestations for the above mentioned reasons, as well as for fraud prevention.

The Romanian Naval Authority (RNA) will extend its cooperation with any Member State of the

European Union or any third state party to the STCW Convention which inform it concerning the intention

of initiating judiciary procedures under their jurisdiction on any company or seafarer present under

Romanian jurisdiction, that are responsible for not respecting the legal provisions.

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III. PROCESSES OF RECOGNITION OF QUALIFICATIONS ATTAINED IN OTHER

MEMBER STATES OF THE EUROPEAN UNION

The freedom of movement of persons was one of the main objectives of the Common Market,

created through the Treaty of Rome 9 of 1957 (the freedom of establishment, the free movement of services,

and the free movement of people being fundamental principles of this treaty).

The general system of recognition of professional qualifications is based on the following

principles:

The principle of mutual trust between Member States of the European Union;

The absence of harmonisation in professional training for practicing the profession in question. Each

Member State will decide the access or lack of access to practice the profession on its territory, the

content and level of training for practicing the profession in question;

The existence of counter-available measures when there are significant differences between the contents

of the professional training in different Member States. The rule is as follows: no Member State can

refuse the access to a regulated profession on its territory to European Union citizens, who are fully

qualified to practice this profession in another Member State, and this, regardless of the differences

among the two states (interpretation of the mutual trust principle). If these differences are "substantial",

the competent authorities from the host Member State may complete the recognition after the

applicant passes an aptitude test or completes a trial period (adaptation period, seagoing service,

apprenticeship).

The assessment process must be impartial and the evaluation mechanisms must be designed in such a

manner as to avoid any type of conflict and ulterior interest, including by a high professionalization of the

assessors. Defining these principles must avoid the standardisation of measures between different European

states, which would conflict with the objectives of the Bruges-Copenhagen process, and the contrast with

the adoption of top-down approaches.

In order to improve the gaps between the different European systems of recognition of qualifications

we must:

Ensure the quality, and through it the trust in the confirmation process, trying, at the same time, to

create links between the different systems of confirmation of professional qualifications;

Consult the norms and principles already existent at the national and international level (for example:

the EN 45013/ISO 17024 norms).

9 Treaty of Rome refers to the treaty through which the European Economic Community (EEC) was established and

was signed by France, West Germany, the Netherlands, Italy, Belgium and Luxemburg on March 1957.

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3.1. PROFESSIONAL QUALIFICATIONS RECOGNITION IN THE CZECH REPUBLIC

Recognition of professional qualifications and the necessary documents list is regulated in the Czech

Republic by Act no. 18/2004 Col - Act on Recognition of Professional Qualifications.

The request procedure for recognition of professional qualifications (Motorář 1. Třídy – engine

operator), includes the following steps:

1. Acquiring the request form for the recognition of professional qualifications is possible: by

downloading it from the web site (http://uok.msmt.cz/uok), or, directly, from:

The respective Competent Authority (Ministry of Transport);

Ministry of Education, Youth and Sports (as a point of contact), or

Ministry of Industry and Commerce (in case the applicant intends to practice a regulated profession

which has an independent support, a commercial licence, etc.).

2. Completing the request on-line and presenting the requested documents.

In accordance with section 22 Par. 2 from the Act on Recognition of Professional Qualifications,

the applicant presents the following information in the request:

surname and first name;

birth date, citizenship;

mailing address;

necessary documents for certification of the regulated profession which the applicant intends to

practice in the Czech Republic;

manner of practice of the regulated profession (a person who carries out independent activities or an

employee).

The request must be supported by:

identity card, proof of citizenship in accordance with the provisions stipulated in section 1, part 2 of

Act no. 18/2004 Col. - Legea privind recunoașterea calificărilor profesionale - Act on

Recognition of Professional Qualifications;

proof of professional qualifications;

proof of other competences;

document confirming the payment of an administrative fee. The administrative fee for submitting

the request form for recognition of professional qualifications amounts to 2.000 CZK (Czech

Koruna – Koruna Česká). In the case that the role of the competent authority is fulfilled by an

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association or a professional chamber, the administrative fee will be specified by the regulations of

the association or of the respective chamber.

Proof of professional qualification includes among others:

Proof of education and training, clearly specifying the education level attained (elementary,

secondary, post-secondary, higher - bachelors or masters), the length and content of attained education or

training.

The identity card and the proof of citizenship in a Member State of the European Union are

presented as photocopies. Nevertheless, the competent authority may request the originals for examination of

authenticity. The originals or certified photocopies (authenticated by a notary) of the professional

qualification proofs and other competences are presented only in the case when the competent authority

cannot verify the authenticity of the documents through administrative cooperation.

The documents which attest the professional qualifications and other competences of the applicant

must be translated into the Czech language‚ with the exception of the cases when between the origin state

and the host one there is an international treaty that cancels this requirement (The Hague Convention:

Romania and The Czech Republic signed it in 16.03.2001). In the case where the competent authority

questions the correctitude and authenticity of the translation or in the case when no proof of authenticity was

received by administrative means, the respective competent authority is entitled to request proof translated in

the Czech language by one of the interpreters from the list of experts and translators of the Czech State.

3. The request form completed with the requested annexes must be submitted to the competent

authority.

In addition, it is also possible to submit the recognition request to the Ministry of Education, Youth

and Sports (point of contact), which has the obligation of sending it to the competent authority, without

delays. The process of recognition of professional qualifications takes place in the Czech Republic.

4. The decision concerning the submitted request based on section 24 Part 5 from the Act: the

competent authority has the obligation to decide, without delay, within 60 days from the submission of the

complete request (with all the requested documents). In the case of the consolidate procedure or of a

remarkably complex request, the competent authority, according to section 25, paragraph 2, has the

obligation to make a decision within maximum 90 days.

In case the decision enters into juristic litigation, the competent authority has the obligation to return

the documents (originals or authenticated by a notary) submitted by the applicant within 15 work days (proof

of professional qualifications and of other competences attained or the proof of European citizenship).

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The competent authority issues a decision which will attest that:

the applicant has a recognised professional qualification;

there are counter-available measures that must be taken into consideration (adjustment periods or an

aptitude test) before the recognition, which are required of the applicant;

the request for recognition of professional qualification is rejected.

5. The appeal of the applicant against the decision of the competent authority

An appeal against decisions issued by a competent authority (a central administrative organ) can be

made10, the management of the competent authority thus receiving the appeal from the „The Permanent

Appeal Commission". The deadline for submitting an action (appeal) is of 15 days after the announcement of

the decision of the competent authority (with the exception of the situation in which the plaintiff was not

properly informed concerning the possibility and legal period during which an appeal can be made) .

In some cases, the decisions may be reviewed by the court based on an administrative ordinance

(section 65 from Act no. 150/2002 Coll.) or on a civil action (section 246 of Act 99/1963 Coll.).-

administrative or civil (section 72 of Act no 150/2002 Coll and section 247 of Act no. 99/1963).

The legalization of documents is done in conformity with the Hague Convention (convention

adopted in Hague on October 5, 1961) for eliminating the requirement of super-legalization of official

foreign documents:

a) for the documents issued by the judicial authorities, including documents issued or certified by notaries:

Ministerul Justiţiei, Departamentul Internaţional (Ministry of Justice, International Department,

Vysehradska 16, 128 00 Praha 2, phone: +42(2) 2199 7157, fax:+42(2) 2491 1365);

b) for other documents issued or certified by the public administration authorities or by other authorities:

Ministry of Foreign Affairs, Consular Directory.

Based on the agreement with The Ministry of Finance of the Czech Republic, an administrative

fee of 100 CZK (Czech Koruna – Koruna Česká) was determined for legalisation of documents, (Act no.

368/1992 Coll,).

The following figure (2) schematically presents the procedure of recognition of professional and

services qualifications in the Czech Republic, that takes into account all aspects provided by the national

legislation (Act no. 18/2004 Col. - Act on Recognition of Professional Qualifications) as well as by the

European one (Directive 2005/36/EC of the European Parliament and Council, of 7 September 2005, on

recognition of professional qualifications).

10

Section 152, Act no. 18/2004 Col. - Act privind recunoașterea calificărilor profesionale - Act on

Recognition of Professional Qualifications

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Have you acquired professional

qualification in EU/EEA or Switzerland

and you want to exercise your profession in

the Czech Republic?

Is your profession regulated in the

Czech Republic?

Unlimited access to the

Labour market

Recognition of qualification needed

Are you qualified for the same profession in your country? The Directive is not

applicable.

Do you want to exercise your profession

temporarily or occasionally?

Do you want to work in the Czech Republic

permanently?

Is the respective profession regulated in

your country or can you prove that during

the previous 10 years you have had at least

2 years of relevant professional experience?

Are you a doctor, pharmacist, dentist, nurse,

midwife, veterinary, surgeon or architect?

Is it necessary to inform a relevant

recognition authority by declaration?

The principle of automatic

recognition can be applied.

Are you a doctor,

pharmacist,

dentist, nurse,

midwife,

veterinary,

surgeon or

architect with the

option of

automatic

recognition?

Is the respective profession regulated in your country or

can you prove that during the previous 10 years you have

had at least 2 years of relevant professional experience?

NO NU

U

U

YES

NO NU

U

U

YES

YES

NO NU

U

U

YES

NO NU

U

U

The Directive is not applicable.

NO NU

U

U

YES

1 2 3 4

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Figure 2. Professional qualifications and services recognition procedure in the Czech Republic 11

11

What you should know about the system for mutual recognition of professional qualifications in the EU Member

States, EEA countries and Switzerland, Compiled by Zuzana Šonková and Štěpánka Skuhrová, Prague 2008, p. 9

Your study programme will be compared with the

corresponding one required in the Czech Republic.

1

YES

YES

NO NU

U

U

YES

2

Is the difference between your qualification

and the qualification required in the Czech

Republic higher than one level?

Are there some substantial differences in

the content of curriculum which cannot

be covered by professional experience?

NO NU

U

U

Aptitude test or adaptation traineeship.

RECOGNISED QUALIFICATION

YES

Considering your profession, is

there a danger for public health

or safety?

3

YES

4

ACCESS TO PROVIDE SERVICES

YES

NO NU

U

U The qualification will be checked.

YES

Are there substantial

differences between your study

programme and the one

required in the Czech Republic

which may influence the public

safety and health?

Aptitude test or

adaptation traineeship NO NU

U

U

YES

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3.2. RECOGNITION OF PROFESSIONAL QUALIFICATIONS IN THE NETHERLANDS

In the Netherlands there is a register that includes all the professional qualifications and training

requirements (CREBO - Het Centraal register beroepsopleidingen – Central Register for Professional

Training) so that any person can find all the information about the specific qualification. The Dutch State

involves itself in schools, concerning the vocational guidance of youth that do not know which profession to

choose; in this regard, the pupils receive efficient programmes of professional training offered by the

education institutions. The objectives which until not long ago were the ones that had to be reached after

completion of an education level are now replaced by abilities and competences which the graduate must

acquire in view of easier labour market insertion.

The development of qualification types is done in collaboration among the representatives of the

Ministry of Education and the representatives of the Dutch business environment.

This strategy was experimented in the Netherlands during 3 years through the so called MBO 2010

(hierna: MBO 2010) process.

In the Netherlands, professional qualifications are acquired following some examinations which

certify the competencies of each person, according to the Act of 7 April 2005 of amendment of the Act on

education and the implementation of qualification and professional training terms (Stb. 2005, 203; wet

experimenten). In this respect, specific courses of training are implemented, at the completion of which

individuals shall attain the required professional competencies for practicing a certain profession12

.

Until August 2010, a period of 2 years of trials passed concerning the development of professional

qualifications based on competences as well as their improvement through continuous training.

For individuals who cannot face an examination by which they certify their competencies, the Dutch

State provided in its legislation the option that these individuals attain competences through proven

experience at the place of work (see the experience on the AKA training on the two professional training

levels). The process of recognition of professional qualifications in the Netherlands is presented in the

scheme from the following figure (3):

12

https://zoek.officielebekendmakingen.nl/kst-32316-3.html

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YES NO

NO

YES

or

YES NO NO YES

Are you an EU / EEA emigrant, with a qualification in EU / EEA,

who wishes to work in the Netherlands

Is your profession

regulated in the

Netherlands?

You have unrestricted

access to the labour

market You need to obtain approval to

pursue the profession

Are you qualified

for the same

profession in your

own country?

Directive 2005/36/EC is

not applicable

Do you wish to provide temporary

services?

Do you wish to establish yourself

professionally in the Netherlands?

Is the profession or

programme regulated

in your country, or do

you have at least 2

years of professional

experience within

the last 10 years?

Are you a medical

doctor, nurse,

dentist, veterinary

surgeon, midwife,

pharmacist, or

architect?

2 Directive

2005/36/EC is not

applicable

1 The principle of

automatic recognition

of the profession is

applicable

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NO YES

NO YES

NO YES

YES NO

NO

YES

NO YES

Fig. 3. The process of recognition of professional qualifications if the Netherlands

13 (flowchart)

13

Own draft by: www.nuffic.nl/en/diploma-recognition/professional-recognition

Are you a medical

doctor, nurse,

dentist, veterinary

surgeon, midwife,

pharmacist, or

architect?

Are there

substantial

differences with

regard to public

health or safety

between your

programme and the

required one?

Is there a

difference of more

than 1 level

between your

qualification and

the required one?

You are free to

provide temporary

services

You must pass an

aptitude test

You are free to

provide temporary

services

Your programme will be

compared to the programme

required in the Netherlands

for practising the profession

Directive

2005/36/EC is not

applicable

Is your

programme 1 or

more years

shorter, or are

there substantial

differences in

content?

You have been

approved

You must either pass

an aptitude test or

undergo an adaptation

period

1

Are there any risks

with regard to

public health or

safety involved in

your profession?

You are free to

provide

temporary

services

Is the profession or

programme regulated in

your country, or do you

have at least 2 years of

relevant professional

experience within the

last 10 years? Directive

2005/36/EC is

not applicable

2

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3.3. RECOGNITION OF PROFESSIONAL QUALIFICATION IN PORTUGAL

The transposition of the provisions of Directive 2005/36/EC of the European Parliament and

Council, of 7 September 2005, on recognition of professional qualifications, into the Portuguese legislation,

was accomplished through Act no. 9 of 4 March 2009, (Lei n.o 9/200914 de 4 de Março).

In Portugal, the recognition of qualifications in the higher education, acquired in other Member

States of the European Union, is regulated by two legislative acts:

Decree – Act no. 341 of 12 October 2007, on the judicial regime of recognition of diplomas of

higher education abroad (Decreto – Lei n.o 341/200715, de 12 de Outubro, aprova o regime jurídico

do reconhecimento de graus académicos superiores estrangeiros);

Decree – Act no. 283 of 21 June 1983, which regulated the system of confirmation/recognition of

foreign qualifications in the foreign higher education to the corresponding portuguese qualifications

(Decreto – Lei n.o 283/198316, de 21 de Junho, regula o sistema de equivalência/reconhecimento de

habilitações estrangeiras de nível superior às correspondentes habilitações portuguesas).

In Portugal, as in all signatory countries to the STCW Convention (Standard of Training

Certification, and Watchkeeping – The International Convention on Standards of Training,

Certification, and Watchkeeping for Seafarers, with the amendments in force), the recognition of

professional qualifications in merchant marine (engine operator and navigational watch), is done in

accordance with Act no. 9 of 4 May 2009 (Lei n.o 9/2009 de 4 de Março), as follows:

The professional certificates issued by competent authorities in the Member States of the European

Union and which are held by citizens of these states;

Certificates of competence issued or recognised by the competent authorities of the Member States

of the European Union and which are held by citizens of third countries.

The analysed professions: navigational watch and engine operator, are regulated in Portugal, the

competent authority being: The Port Institute of Maritime Transport (Instituto Portuario de Transportes

Marítimos).

Recognition of professional qualifications attained in other Member States of the European

Union

In accordance with article 9 of Decree no. 68 of 26 November 1994, on recognition of professional

titles and certificates issued by other countries, these professional qualifications may be recognized

subsequent to an analysis (comparison) of the official titles submitted by the applicant, in order to determine

their correspondence with the qualification defined under Portuguese legislation.

14

Diário da Republica, 1.a série – N

o 44 – 4 de Março de 2009, p. 1466 – 1530.

15 Diário da Republica, 1.

a série – N

o 197 – 12 de Outubre de 2007, p. 7375 – 7379.

16 Diário da Republica, 1.

a série – N

o 140 – 21 de Junho de 1983, p. 2191 – 2197.

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The requirements for the recognition of professional diplomas/certificates shall be written in the

Portuguese language, consisting of the following documents:

Identity documents (full name, nationality, date of birth, state of origin and mailing address);

Indication of the profession which he wishes to practice in Portugal;

Submission of diplomas, professional certificates and other titles held in the Member State of the

European Union which issued them, as well as, if necessary, those states that recognized them

(specifying the dates when they were recognized).

In addition to these, the following documents must be attached, which, when necessary, must be

accompanied by a legalized translation by an authorised translator, authenticated (legalised) by a notary, or

officially authenticated by a consular office:

A copy of the applicant’s identity document, if the file was personally submitted, or an authenticated

copy, when the file was submitted by a delegate;

Authenticated copy of the documents concerning the studies completed by the applicant (diplomas,

certificates, etc.);

Authenticated copy of the document issued by the competent authority from the Member State of origin

or of provenance, that certifies the fact that the applicant meets the conditions imposed by the host state

(Portugal) for practicing the specific profession (navigational watch, engine operator);

The test (examination) of adjustment (whenever requested);

Procedural charges (35,30 €).

The decisions which the competent authority may make after analysing the applicant’s file are:

Direct access to practicing the specific profession (navigational watch, engine operator);

Conditioned access; the candidate must meet one of the following obligations: assessment of

professional experience required for practicing the profession; a period (traineeship) of adjustment for a

period not exceeding three years or, even passing an aptitude test;

Rejection of the request, considered to be insufficiently supported by the attached documents.

Portugal implemented, beginning with 2008, the system of confirmation and certification of

competences and of recognition of professional qualifications. From this process (of recognition of

qualifications) the need of completing training arises for supplementing competences, since the attained

training and professional experience of the applicant (candidate) was not sufficient for the recognition of

qualification in view of practicing the profession in question on the territory of Portugal.

In the maritime sector, a variety of situations are met concerning the condition of access to regulated

professions in merchant marine, as well as those not regulated from the aquaculture, fisheries, construction

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and repair of maritime and port facilities field, which belong to other competent authorities, thus having a

different regime of recognition.

3.4. RECOGNITION OF PROFESSIONAL QUALIFICATION IN ROMANIA

Within the crew of a merchant ship there is a strict hierarchy of positions:

Boat master;

Second officer;

Ships’ deck officers;

Chief engineer;

Engineers, First class, merchant marine;

Other officers;

Personnel with a proficiency certificate: chief of marine staff, fitter, coxswain, sea boat driver,

assistant engineer, electrician, fire fighter, stoker, ENGINE OPERATOR, NAVIGATIONAL

WATCH;

Auxiliary personnel.

THE ENGINE OPERATOR is subordinated to the chief engineer, and during the watchkeeping

service he is directly subordinated to the watchkeeping officer. The engine operator has the following

duties:

to know the duties and the mode of action which are in his charge according to the functions of the ship,

and to implement them on order;

to know how to use the technical means which he tends, according to his position or role, as well as the

personal rescue means;

to carry out the orders received, exactly and on time, in any situation required by the activity and

security of the ship;

to know the machines, equipment, facilitie,s and devices at his place of work or of which he is

responsible, and the technical instructions of operation and maintenance;

to know, to respect, and to apply the norms of security and health in the work place, of fire prevention

and fire fighting, of ensuring the floatability and stability of the ship;

to contribute to the prevention and elimination of any situation which may put life, bodily integrity, or

people’s health in danger;

to perform activities of operation, maintenance of machines, facilities, and the inventory that belongs to

the engine department;

to take part in the watchkeeping service, according to the dispositions of the chief engineer.

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THE NAVIGATIONAL WATCH has the following duties:

to know the ship on which he is embarked well, its compartmentalisation, its operating mode,

performances, and operational limits of the facilities, machinery, and equipment of the deck;

to perform the duty officer service, in accordance with the provisions of this regulation;

to take part in the preparation activities of the ship for motion (manoeuvring) or other technological

operations, performing the operations ordered by the person that is in command of these activities;

to take part in ship manoeuvring, under the order of the chief officer of manoeuvre;

to take part in manoeuvring the facilities, deck equipment, and to give report about any malfunction or

anomaly found in their operation;

to help the coxswain with mounting and manoeuvring onboard ladders , to take all necessary measures

for safely climbing on board;

to take part in loading (discharging) of materials on (off) board the ship;

to take part in the activities of cleaning and maintenance of the ship, to mainly perform the cleaning on

the exterior decks, on the interior corridors, in the lockers and in their hold bilges, in common sanitary

facilities, etc.;

to strictly respect the rules of security and health at the workplace and of the protection of the

environment;

to know the life-saving and fire fighting means and equipment existent in the ship’s endowment, their

place of location, and how to use them as is appropriate;

to perform the duties entrusted to him by his hierarchical superiors or the watchkeeping officer.

In ROMANIA, as in the other European countries, the professional training and improvement

required for attaining the certificate of proficiency of a NAVIGATIONAL WATCH is done in training

and improvement centres authorized by the Ministry of Transports in accordance with the law.

The courses are 18 weeks long (14 weeks qualification course, 424 hours of training and 4 weeks of

mandatory courses, 160 hours), and their completion gives the right to take the exam organized by the

Romanian Naval Authority. The Certificate of Proficiency of a Navigational Watch shall be issued by the

Romanian Naval Authority, only after brining proof that the other mandatory courses, on maritime security,

were also completed. Thus, those wanting the professions of a navigational watch, will need to complete a

qualification course within CERONAV (The Romanian Centre for Training and Improvement of Naval

Transport Personnel).

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START

APPLICANT

A T T E S T A T I O N C O M I S S I O N

The assessment commission:

1. the session president;

2. the session vice-president (if applicable); 3. the assessors (if applicable);

4. the secretariat;

5. technical assistance specialists (if applicable);

F I L E S U B M I S S I O N T O T H E A T T E S T A T I O N C O M I S S I O N

The registration file for the profession of: engine operator includes the following documents:

1. “THE APPLICATION FORM” completed by the applicant;

2. The medical certificate issued by the clinic authorized by the Ministry of Transport, which proves that the holder is APT for fulfilling the position for which he is a candidate, in a legalised copy;

3. The education document in a legalised copy;

4. Graduation certificate of the specialisation courses in accordance with “the Ordinance for approval of the minimum criteria for training and improvement of the Romanian seafarer personnel and of the recognition system of the certificates of competence”;

5. A copy of the transcript, or the certificate from which results the seagoing service of the candidate and the number of voyages carried

out, or his employment papers in a legalised copy (if applicable), 6. Identity document in a legalised copy.

C H E C K I N G T H E F I L E C O N T E N T A N D I F M E E T I N G T H E

C O N D I T I O N S

The secretary of the commission checks the documents as he receives the files, checking if: 1. the candidate submitted in the file all the documents provided by art.5 § 2, as annexes to the registration; 2. The submitted

documents are according to the originals; 3. the candidate meets all the conditions provided in „The Ordinance for approval of

the minimum criteria of training and improvement of the Romanian seafaring personnel and of the recognition system of the certificates of competency” and the competence assessment exams organisation and conduct Methodology for issuing

licences/certificates of proficiency for seafarers, harbour and inland waterway personnel.

Are the conditions met?

E X C E P T I O N S C H E C K

.

In the Ordinance no exceptions are provided

Is the condition met?

D E R O G A T I O N C H E C K

In the Ordinance no derogations are provided

Notices,

Additions

Is the condition met?

Denies the grant of a licence

Informing the applicant

STOP

CHECK OF LEGALITY OF DOCUMENTS

Is there a studies

diploma issued by a Member State ? DOCUMENT LEGALITY CHECK

Answer AC from Member States?

NE

GA

TIV

E

PO

SIT

IVE

EXAM BEFORE THE ATTESTATION COMMITTEE

Exam result?

Admitted

Rejected

Applicant appeal

YES

YES

YES

NO

NO

NO

YES

NO

2 1 3

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Admitted Rejected

Fig. 4. Logical scheme of recognition of qualifications procedure for acquiring the engine operator

certificate of proficiency

1 2

Acquiring an engine operator

certificate of proficiency

Entry in the Record Book

of RNA

Practicing the profession:

engine operator

APPEALS COMMISION Appeals shall be submitted and recorded with the secretariat of the evaluation

committee within 24 hours of completion of the written paper. For resolving

the appeals the procedure will be the following:

1. the written paper will be reassessed and regraded, if necessary;

2. the corresponding changes will be applied to the final status of the candidate.

Appeal result

3

THE DUTIES OF THE ENGINE OPERATOR

a) supervision of the operation of facilities and machines in the engine room; b) loading and unloading of maintenance materials

and of fuels and lubricants required for the ship; c) operate the ship’s fuel and lubricant tanks, informing the chief engineer about

this; d) to know the machines, equimpent, fascilities and appliances of his work place or for which he is responsible and the technical instructions of operation and maitanance; e) to know, to respect, and to apply the security and health norms in the work

place, of fire prevention and fire fighting, to ensure the floatability and stability of the ship; f) contribute to the prevention and

removal of any situation that might endanger the life, physical integrity, or health of people; g) execute works of operation, maintenance on machines, fascilities, and inventory belonging to the engine-room; h) to attend watchkeeping, according to the

orders of the chief engineer;

ENGINE OPERATOR ACTIVITY MONITORING

ORDINANCE OF THE MINISTER OF TRANSPORT

The period of validity of an engine operator certificate of

proficiency is of 5 years, noting that the provisions on the

necessity that the holder shall be subject to periodical

examinations (medical and professional) or test, must be met.

The methodology of organisation and conduct of the

competence assessment exams for issuing the licences/

certificates of proficiency of the seafarer, harbour, and inland

waterways personnel, requires a continuous training program

for the profession of engine operator.

LOSS OF VALIDITY OF THE CERTIFICATE

OF PROFICIENCY

The confirmation, reconfirmation, suspension, or

repeal of the certificates of proficiency is done by the

Romanian Naval Authority, according to the legal

regulations in force.

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3.5. RECOGNITION OF PROFESSIONAL QUALIFICATIONS IN SPAIN

A. General norms of recognition of professional titles issued by other states

The professional title and certificates within the Spanish merchant marine are regulated by Royal

Decree no. 973 of 12 June 2009 (Real Decreto 973/200917

, de 12 de junio, por el que se regulan las

titulaciones profesionales de la marina mercante).

Thus, the recognition of professional titles and certificates issued by other Member States of the

European Union, as well as by third states, which are parties to the STCW Convention, is also regulated by

the same decree (articles: 37, 38 and 39). The professional titles of boat master, captain, officer, or radio

operator can be recognised, when issued by other states if they are a part to the STCW Convention

(Standard of Training Certification, and Watchkeeping – The International Convention on Standards

of Training, Certification, and Watchkeeping for Seafarers, with the amendments in force), and they meet

the requirements provided by Royal Decree no. 973 of 12 June 2009, which regulates the professional titles

in merchant marine (Real Decreto 973/2009, de 12 de junio, por el que se regulan las titulaciones

profesionales de la marina mercante). Titles and certificates approved (legalised) by another state which

issued the respective professional qualification will not be accepted for recognition. The professional title

whose recognition is requested must include the approval of the state which issued it, which certifies the

fulfilment of the provisions of the STCW Convention, according to the example established by A- I/2 of the

STCW Code. The recognition will be done in accordance with the procedures set by the Ministry of

Development (Ministerio de Fomento).

When the recognition of a professional qualification in required in order to be part of the crews on

Spanish ships, to which the STCW Convention is applied, this will be done through approval, at the request

of the individual or of a maritime transport company, in accordance with rule I/10 from the Annex to the

STCW Convention, and with the provisions of section A-I/10 of the STCW Code, of issuing the

professional card specific to the merchant marine.

The recognition of professional qualifications for practicing the professions of captain or officer

class II will be done only after passing a test of Spanish maritime legislation knowledge.

If the professional title, whose recognition is requested, is subject to any kind of limitation

concerning the tonnage of the ship, the propulsion power, navigation area, or of any other nature, the

recognition of the professional title will be done without exceeding these limitations.

The recognition procedure shall take at most three months, from the submission date of the request,

being subject to the provisions of Act no. 30 of 26 November 1992 on the judicial regime of the Public

17

Real Decreto 973/2009, de 12 de junio, por el que se regulan las titulaciones profesionales de la marina mercante,

BOE no. 159, 02.07.2009, p. 55234 - 55263

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Administrations, and of common administrative procedures (Ley 30/1992, de 26 de noviembre, de Régimen

Jurídico de las Administraciones Públicas y del Procedimiento Administrativo Común).

During the processing period of the required data for the recognition of the professional

qualification, the applicant may practice the profession (position) corresponding his qualification, on Spanish

merchant ships.

To this end, the Directorate General of Merchant Marine will issue the relevant supporting

documents (which will show that the request is pending approval), in accordance with Regulation I/10 of the

Annex to the STCW Convention.

Nevertheless, for authorizing seagoing on a Spanish ship, the transport company must conclusively

prove before the competent maritime authority that it insured the ship, either by a specific protection policy

or by a protection and compensation policy (P & I), or that the company holds a warranty from a crediting

institution with which it shall cover, during the mentioned period, the civil liability that follows from

performing the duties and from the presence on board the ship of the professional title holder under the

recognition process.

B. Specific norms concerning the recognition of professional titles issued by member States of

the European Union

The Directorate General of Merchant Marine shall be able to directly recognize professional titles

issued by Member States of the European Union in accordance with European Union or national legal

provisions of implementation;

The recognition of a professional title, given concrete expression through a professional card of the

merchant marine, will be required in order to gain access to practicing the profession of navigational watch

on the equipment and facilities with which the Spanish ships are equipped;

The citizens of the European Union, who do not hold the Spanish nationality and hold a professional

title, issued by another Member State, if they pass the examination of knowledge of Spanish maritime

legislation, can practice the navigational watch profession on merchant ships that have a gross tonnage of

less than 100 tdw, that carry goods or at least 100 passengers, and which operate exclusively between ports

and points located in areas where Spain exercises its sovereignty, sovereign rights or own jurisdiction.

C. Specific norms concerning the recognition of professional titles issued by states that are not

members of the European Union

The Ministry of Development (Ministerio de Fomento), through the Directorate General of Merchant

Marine, may recognize professional titles issued by third states, which benefit from a valid recognition by

the European Commission, and which are included in the list of countries which are not EU members,

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published in the Official Journal of the European Union. Before beginning the process of recognition, a

recognition agreement must exist between the Ministry of Development and the competent authority in the

third country on this subject, in accordance with the provisions of Regulation I/10 of the Annex to the

STCW Convention. The recognition process will be effectively performed by implementing the guidelines

adopted by the International Maritime Organization (IMO) (which can be found in the Annex to Royal

Decree no. 973 of 12 June 2009, which regulates the professional titles in the merchant marine).

The Ministry of Development, through the Directorate General of Merchant Marine, may present

to the European Commission a grounded request for recognition of professional certificates issued by a

third country, which, initially, was not recognized by the European Commission, but which is party to the

STCW Convention and for which the Maritime Safety Committee of the International Maritime

Organization (IMO) specified that it appropriately fulfilled the provisions of the STCW Convention

(Standard of Training, Certification, and Watchkeeping – The International Convention on Standards

of Training, Certification, and Watchkeeping Service for Seafarers, with the amendments in force).

If the European Commission does not approve the recognition of the requested profession, the

Directorate General of the Merchant Marine, shall not be able to recognize the professional titles and

certificates issued by the third state.

When it intends to revoke the recognition of certificates issued by a third country with which it

signed an agreement, the Ministry of Development, through the Directorate General of Merchant Marine

shall communicate its decision to the European Commission and to the other Member States. In this case, the

European Commission, assisted by the European Maritime Safety Agency, shall reassess the recognition

process of the titles issued by this third country, to check it if still meets the requirements of the STCW

Convention.

D. Required documentation

The documentation which needs to be presented to the Competent Authority for requesting the

recognition and then the practice of the profession of navigational watch on Spain’s territory consists of the

following documents:

1. A request form completed and signed by the applicant;

2. Two passport pictures, with the surname and first name written with a black pencil on the back of the

pictures. The applicant’s pictures must be taken with the head uncovered and without glasses with dark

lenses, presented in an envelope without gluing or stapling it;

3. A photocopy of the valid national document of identification, residence card, or passport, or the express

agreement of the applicant for the competent authority to be able to check his identity data, in

accordance with Ordinance PRE/3949/2006, of 26 December 2006;

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4. The certification of minimum two months of seagoing service on civilian ships with the effective

execution of the watchkeeping service;

5. Valid medical certificate issued by Instituto Social de la Marina (the Social Institute of the Marine),

which will attest to the applicant’s state of health;

6. Payment proof of the charge (36,64 €) for the recognition process and equivalence certificate. The

charge for issuing professional, maritime, and recreational titles and certificates, created by art. 17 of

Act no. 66 of 30 December 1997, on fiscal, administrative, and social order measures (Ley 66/199718 de

30 de diciembre, de Medidas Fiscales, Administrativas y de Orden Social );

7. Certificate of passing the Navigational Watch exam issued by one of the approved training centres;

8. Certificate of graduation of the course of initial training (formación básica), in accordance with Order

FOM 2296, art. 2.2 and Annex VI of the Order of 21 June 2001 (Orden FOM 2296, Art. 2.2 y Anexo

VI de la Orden de 21 de junio de 2001).

The documentation will be presented: either to the Maritime Captaincy, or to the Central

Services (Madrid) of the Directorate General of Merchant Marine. Of the documents which the applicant

must present, the request and payment forms can be thus obtained:

Standard request document:

From the Maritime Captaincy or the Central Services (Madrid);

Downloading the standard request form from the web page: https://sede.fomento.gob.es, printing it

and then manually completing it;

Completing the standard request form on-line and printing it.

Payment form:

From the Maritime Captaincy or the Central Services (Madrid);

Completing the payment form on the web page: https://sede.fomento.gob.es, printing it and then

presenting it to the bank;

Paying on-line, however, in this instance, a digital signature is necessary.

In the case of the non-regulated professions in the origin country, the applicant must present the

following documents:

documents which attest to the fulltime practice of the profession in question during 2 years in the last

10 years in the country where the diploma was obtained;

the detailed curriculum of studies with the indication of the hours assigned to each discipline, of their

syllabus, of the number of hours of practice performed. All this information must be issued by the

professional training institution which issued the diploma;

a certificate attesting to completing traineeships, specialization courses, or attainment of other diplomas;

18

BOE número 313, de 31 de diciembre de 1997

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the photocopy of all outlined documents;

the list of all submitted documents, signed by the applicant.

All documents written in the Romanian language must be accompanied by their translation into the

Spanish language, translation certified by the Spanish diplomatic or consular authority in the country where

the diploma was issued, or by an official translator from a Spanish court house.

The time frame for the assessment of the file for the recognition of the diplomas which certify a

certain professional training is provided by the European Union and national legislation to not exceed three

months.

3.6. SOLVIT

SOLVIT19

is a problem solving network, in which Member States of the EU work together to solve,

without using legal proceedings, problems caused by the misapplication of Internal Market law, by public

authorities. SOLVIT deals with cross-border problems between a business or a citizen on the one hand and a

public authority on the other, where there is possible misapplication of EU law. The policy areas SOLVIT

has most frequently dealt with are:

Recognition of Professional qualifications and diplomas;

Access to education;

Residence permits;

Voting rights;

Social security;

Employment rights;

Driving licences;

Motor vehicle registration;

Border controls;

Market access for products;

Market access for services;

Establishment as self-employed;

Public procurement;

Taxation;

Free movement of capital or payments.

Below, are presented the national SOLVIT Centres, of Member States of the European Union which

were analysed:

19

http://ec.europa.eu/solvit/site

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Table 4. National SOLVIT Centres 20

Member State of

the European

Union

SOLVIT Centre Contacts

Czech Republic

Odbor vnitřního trhu a služeb EU,

Ministerstvo průmyslu a obchodu Na Františku

32 CZ - 11015 Praha 1, Phone: +420 22 422 1701

Fax. +420 22 485 3079, [email protected]

Barbora Hanáková

Zuzana Bakotová

Tomáš Stehlík

Denmark

Danish Business Authority

(Internal Market Centre)

Langelinie Allé 17 DK - 2100 Copenhagen,

Phone: +45 35 46 62 00 (the hotline)

Phone: +45 35 46 66 16

Phone: +45 35 46 66 73, [email protected]

Jens Kasper Rasmussen

Sofie Freilev

Karin Kragshave

Kristian Yde Agerbo

Germany

Bundesministerium für Wirtschaft

und Technologie, Scharnhorststr. 34-37

DE - 10115 Berlin, Fax. +49 3018 615 5379

[email protected]

Lisa Teichmann

Spain

SOLVIT - España

Ministerio de Asuntos Exteriores y de

Cooperación, Serrano Galvache 26

ES - 28033 Madrid, Phone: +34 91 379 9999

Fax. +34 91 394 8684, [email protected]

Ana Iglesias

Ana María Hernández

Javier Pascual Pontones

Italy

Presidenza Consiglio Ministri

Dipartimento Politiche Comunitarie, Piazza

Nicosia 20, IT - 00186 Roma,

Phone: +39 06 677 95 844

Fax. +39 06 677 95 044, [email protected]

Giuseppina VALENTE

Francesco CIPRI

Massimo SANTORELLI

Netherlands

SOLVIT Nederland

Ministerie van Economische Zaken, Landbouw en

Innovatie Bezuidenhoutseweg 30, Postbus 20101

NL - 2500 EC Den Haag,

Phone: +31 70 379 7708

Fax. +31 70 379 7014

[email protected]

Koen van Ginneken

Austria

Bundesministerium für Wirtschaft, Familie

und Jugend, SOLVIT Center, Abteilung C1/2,

Stubenring 1, AT - 1010 Wien,

Phone: +43 1 71100-5119, +43 1 71100 - 5293

Phone: +43 1 71100-5187

Fax. +43 1 71100-2207

[email protected]

Sylvia Vana

Alexandra Gaudmann-

Heber

Christian Müller

20

http://ec.europa.eu/solvit/site/centres

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Continuation of table 4

Member State of

the European

Union

SOLVIT Centre Contacts

Portugal

Ministério dos Negócios Estrangeiros, Direcção

Geral dos Assuntos Europeus

Serviço do Mercado Interno, Rua Cova da

Moura, 1, PT - 1350-115 Lisboa,

Phone: +351 21 393 57 53; +351 21 393 57 50

+351 21 393 55 54; Fax. +351 21 393 57 98

[email protected]

Rosarinho MELANCIA

Mafalda DE SIQUEIRA

Romania

Ministry of European Affairs,

Government of Romania

Bvd. Aviatorilor no. 50A, Sector 1,

Bucharest 011854,

Phone: +40 21 308 53 40; +4021 308 53 71; +40

37 410 45 23; Fax. +40 21 308 53 96

[email protected]

Romulus BENA

Karina STAN

Ramona-Maria CIUCĂ

IV. THE PRACTICE OF THE PROFESSIONS OF: ENGINE OPERATOR AND

NAVIGATIONAL WATCH IN THE EU

The access to the regulated professions (the first five professions from table 5, amongst which are the

two analysed), is conditioned on holding a diploma, certificate, or qualification attestation issued by a

competent authority, attained through any of the education forms (formal, non-formal, informal). Concerning

the unregulated professions (the last two from table 5), the access to these is free (it is not required to

recognize the professional qualifications), but situations may arise when their practice is conditioned on

holding other proofs (documents, etc.), such as the certificate of professional competence. In this area, in

Portugal, there are some professions that are in the National Professional Certification System, and that

require, for their practice, the mandatory possession of a certificate of professional competence.

Nevertheless, there are other professions which, although they do not require such a demand (a certificate of

professional competence), holding one may count at obtaining a place of work in the professional field.

In this sector (maritime), as can also be noted from table 5, a diversity of conditions of access to

practicing the professions, both regulated (especially in fishing and maritime) as well as not regulated (the

area of aquaculture and of constructions and repairs).

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Table 5. The practice of regulated and unregulated professions from the marine field

Profession Regulated

Profession Legislation in force

Proposed for

recognition

Engine operator class I, II and

III (Maquinista Práctico de

1ª, 2ª y 3ª clase)

YES Decreto- Ley n.º206/2005,

de 28 de Noviembre --

Navigational watch on a

fishing boat

(Marinero – pescador)

YES Decreto- Ley n.º206/2005,

de 28 de Noviembre --

Navigational watch class I and

class II (Marinero de 1ª y 2ª clase)

YES Decreto- Ley n.º206/2005,

de 28 de Noviembre --

Engine operator on rescue

boats

(Motorista de

embarcaciones salvavidas)

YES

Decreto- ley n.º 4/91, de 8

de Enero + Decreto- ley n.º

280/2002, de 23 de Octubre

--

Deck Navigational Watch on

rescue boats

(Marinero de embarcación

salva-vidas – personal de

cubierta)

YES

Decreto- ley n.º4/91, de 8

de Enero + Orden n.º

625/91 Serie I B, de 12 de

Julio + Decreto – ley n.º

280/2002, de 23 de Octubre

--

Engine operator assistant

(Ayudante de Maquinista) NO -- NO

Shipboard engineer

(Mecánico de Bordo) NO -- NO

Concerning the regulated professions, the Port and Marine Transport Institute (Instituto

Portuario de Transportes Marítimos – IPTM), is the responsible authority, considering that the access to

practicing these professions (engine operator, navigational watch), depends on holding a maritime

certificate of competence, even though, in most cases, proof is required of professional training in the field in

question.

In these cases, according to information provided by the responsible authority IPTM, the requests

for recognition of professional qualification are analysed by a technical team, that assesses all the documents,

adequately identified, certified, and authenticated, subsequently proceeding, if all conditions are met, with

the direct recognition of the professional qualifications. Thus, the entity responsible with recognition and

issuing of the equivalence of professional qualifications document is the Port and Marine Transport

Institute (Instituto Portuario de Transportes Marítimos – IPTM).

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CONCLUSIONS:

The main obstacles met by the states analysed in this guide in the recognition process of professional

qualifications, are the following:

The diversity and multitude or requirements (conditions) for accessing the practice of a regulated

profession on the territory of a European Union state or of a third signatory state of the STCW

Convention (Standard of Training, Certification, and Watchkeeping), is one of the major obstacles

in the professional qualification recognition process;

Difficulties in acquiring the necessary information for compilation by the applicant of the file for

recognition of his profession;

The diversity of the entities that compete in the professional qualifications recognition process, confers

to it a cumbersome nature, sometimes even tortuous, which delays the access of the applicant to

practicing his profession;

Documentation which is quite cluttered and difficult to access.

The majority of professions in the European merchant marine and not only (also from the signatory

states of the STCW Convention), require superior education (qualification level 4 - 5), both for the command

of the ship (captain, pilot, etc.) as well as for the engine department (chief engineer, Engineer, First class,

merchant marine, etc.), the analysed professions of Navigational Watch and Engine Operator requiring an

inferior qualification level 1 – 2 (see the scheme in figure 1).

In light of the rise of the effects of world economy globalization and the increase in mixed crews, the

English language has become the main communication means on board the maritime ships, therefore,

knowledge of it and the knowledge of the specific terms is an essential condition for the integration of

navigational watches and engine operators within the ship crews with whom they are boarded.

The complex activity performed by the navigational watch requires a series of aptitudes, skills, and

abilities such as: good acquaintance with sailing practices, good user of the resources, facilities, and equipments

on board the ship, permanent preoccupation with the adequate operation of the facilities and maintenance of the

ship, good performer, with physical and mental endurance, and good partner in the relationships with the other

members of the crew, being bound to the ship and the crew.

The main activity of the engine operator takes place inside the engine department and in the annexed

spaces on board the vessel, where special duties are carried out: operation, monitoring, maintenance,

overhaul and repair of the facilities and equipments.

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BIBLIOGRAPHY

1. Directive 2005/36/EC of the European Parliament and Council of 7 September 2005, on the

recognition of professional qualifications, OJ L 255, 30.09.2005, p. 22 - 123;

2. Directive 2006/123/EC of the European Parliament and Council of 12 December 2006, on services

in the internal markets, OJ L376, 27.12.2006, p. 36 – 68;

3. Real Decreto 973/2009, de 12 de junio, por el que se regulan las titulaciones profesionales de la

marina mercante, BOE no. 159, 02.07.2009, p. 55234 – 55263;

4. Decreto – Lei n.o 341/2007, de 12 de Outubro, aprova o regime jurídico do reconhecimento de graus

académicos superiores estrangeiros, Diário da Republica, 1.a série – N

o 197 – 12 de Outubre de 2007,

p. 7375 – 7379

5. Decreto –Lei n.o 283/1983, de 21 de Junho, regula o sistema de equivalência/reconhecimento de

habilitações estrangeiras de nível superior às correspondentes habilitações portuguesas, Diário da

Republica, 1.a série – N

o 140 – 21 de Junho de 1983, p. 2191 – 2197.

6. Act no. 18/2004 Col. - Legea privind recunoașterea calificărilor profesionale, secțiunea 152, Act on

Recognition of Professional Qualifications, section 152;

7. Ley 66/1997 de 30 de diciembre, de Medidas Fiscales, Administrativas y de Orden Social BOE

número 313, de 31 de diciembre de 1997;

8. Ley 30/1992, de 26 de noviembre, de Régimen Jurídico de las Administraciones Públicas y del

Procedimiento Administrativo Común;

9. Lei n.o 9/2009 de 4 de Março, Diário da Republica, 1.

a série – N

o 44 – 4 de Março de 2009, p. 1466 –

1530;

10. Ley 66/1997 de 30 de diciembre, de Medidas Fiscales, Administrativas y de Orden Social, BOE

número 313, de 31 de diciembre de 1997;

11. Act no. 200/2004, on the recognition of diplomas and professional qualifications for the regulated

professions in Romania, The Official Journal of Romania, Part I, no. 500 of 3 June 2004;

12. OMT no. 1250/07.10.2008, on approval of fees for specific activities performed by RNA, The

Official Journal of Romania, Part I, no. 706 of 16 October 2012;

13. What you should know about the system for mutual recognition of professional qualifications in the

EU Member States, EEA countries and Switzerland, Compiled by Zuzana Šonková and Štěpánka

Skuhrová, Prague 2008, p. 9;

14. http://ec.europa.eu/internal_market/qualifications/regprof

15. http://www.anc.gov.ro/uploads/so/l/motorist-nave.pdf

16. http://www.anc.gov.ro/uploads/so/l/marinar.pdf

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17. http://uok.msmt.cz/uok

18. http://ec.europa.eu/solvit/site

19. http://ec.europa.eu/solvit/site/centres

20. www.nuffic.nl/en/diploma-recognition/professional-recognition

21. https://sede.fomento.gob.es

22. www.forem.es

23. https://zoek.officielebekendmakingen.nl/kst-32316-3.html.