Engine operator and navigational watch

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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, bociis@yahoo.com, 0722519943 Subfield G1: Sectorial Committee of Transport, Romanian Railway Authority, CENAFER, Romanian Naval Authority, CERONAV

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CONTENT Introduction........................................................................................................................

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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.....................

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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…………………………………………………………………………...

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

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

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

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

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III. Processes of recognition of qualifications attained in other Member States of the European Union............................................................................................................

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

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

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

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

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

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3.6 SOLVIT……………………………………………………………………………. 38 IV. The practice of the engine operator and navigational watch profession in the EU

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

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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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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; 4


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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).

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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 5


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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

1

The country where it is regulated

2

Recognition according to The competent authority

Directive 2005/36/EC

Qualification level

(National legislation)

3

4

5

Машинист на енергийни котли (Operator of power boilers)/ Engine operator class I, II, III

Competence Certificate

Машинист на котли с високо

(ATT, art. 11 a)

налягане ІІІ, ІІ и І степен (Operator of

State Agency for Metrological and

high pressure boilers III, II and I

Technical Surveillance (SAMTS),

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

Bulgaria

52А, G.M.Dimitrov Str. 1797 Sofia, Phone: +359 2 986 45 88

Машинист на котли с ниско налягане (Operator of low pressure boilers)/ Engine operator class I, II, III

Fax: +359 2 986 17 07

General system of recognition – primary application (Ordinance №

2/17.01.2001)

SEC – Certificate which attests to the completion of a secondary education cycle, art. 11 b

Оператор на енергиен блок (Operator

Competence Certificate

of power block)/ Engine operator class I,

(ATT, art. 11 a)

II, III

3

http://ec.europa.eu/internal_market/qualifications/regprof (15.05.2013) 6


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Continuation table 1 1

2

3

Motorář 1. Třídy (Motorman class 1)/

4 General system of recognition –

Engine operator class I, II, III

primary application (Act No.

5 SEC – Certificate which attests to the completion of a

Motorář 2. Třídy (Motorman class 2)/

61/2000 Coll., Decree No.

Engine operator class I, II, III

Ministry of Transport

450/2000 Coll.)

nábř. Ludovíka Svobody 12/22,

General system of recognition –

P.O.BOX 9, 110 15 Prague,

primary application (Act No.

Competence

Phone: +420 972 231 111

61/2000 Coll., Decree No.

Certificate

Fax: +420 972 231 184

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

(ATT, art. 11 a)

Email: podatel1@mdcr.cz;

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

podatel2@mdcr.cz

General system of recognition –

Strojmistr (Machine minder)/ Engine operator class I, II, III

Czech Republic

Strojní asistent (Engine assistant)/ Engine

primary application (Act No.

operator class I, II, III

61/2000 Coll., Decree No. 450/2000 Coll.)

Vélavörður (VV) (Engine operator)/ Engine operator class I, II, III

Iceland

secondary education cycle, art. 11 b

SEC – Certificate which attests to the completion of a secondary education cycle, art. 11 b

Ministry of Interior

General system of recognition –

Hafnarhúsinu við Tryggvagötu

primary application (Certification

Competence

150 Reykjavik, Phone: +354-

of Marine Engineers serving on

Certificate

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

board Icelandic Ships Act No.

(ATT, art. 11 a)

unnur.sverrisdottir@sam.stjr.is

113/1984, as amended)

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1

Motordrijver / Engine operator class I, II, III

GOVERNMENT OF ROMNIA MINISTRY OF LABOUR, FAMILY, SOCIAL PROTECTION AND ELDERY PERSONS AMPOSDRU

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3

4 General system of

The Netherlands

---

recognition – primary application

Continuation table 1 5 Diploma (post-secondary education), including annex II (ex 92/51, annex C, D), art. 11 c

Instituto Portuário e dos Transportes Maquinista Prático (1a, 2a e 3a classes) /

Marítimos (Sea Ports and Sea

Engine operator class I, II, III

Transport Institute), Edíficio Vasco da Portugal

Gama, Rua General Gomes Araújo 1399 - 005 Lisboa, Phone: +351-21 391

Marinheiro Maquinista / Engine operator

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

class I, II, III

Email: imarpor@mail.telepac.pt

General system of recognition – primary application

SEC – Certificate which attests to the completion of a secondary education cycle, art. 11 b

URL: www.imarpor.pt Upravitelj stroja in prvi častnik stroja na

Ministrstvo za Infrastrukturo in

ladji s pogonskim strojem z močjo 750 in

Prostor (Department of Infrastructure and

3000 KW (Chief engineer and first engineer officer on a ship with engine between 750

Slovenia

Space), Langusova ulica 41535 Ljubljana, Phone: +386-1 478 80 00, Fax: +386-1

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

478 81 39 gp.mzp@gov.si,

III

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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3

4

Continuation table 1 5

Častnik stroja na ladji s pogonskim strojem z močjo do 750 KW v mali

SEC – Certificate which

obalni plovbi (Engineer officer on ship

attests to the completion of

powered by main engine under 750 KW

a secondary education

for coastal trade) / Engine operator class

cycle, art. 11 b

I, II, III

Ministrstvo za Infrastrukturo in

Častnik stroja na ladji s pogonskim

Prostor (Department of Infrastructure and

strojem z močjo do 750 KW v mali

Space), Langusova ulica 41535 Ljubljana,

obalni plovbi / Engine operator class I,

Slovenia

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

II, III

478 81 39 gp.mzp@gov.si,

Častnik stroja zadolžen za stražo v

www.mzip.gov.si

General system of

PS3 - Diploma of a

recognition – primary

postsecondary level

application

(3 - 4 years), art. 11 d

strojnici na ladji s pogonskim strojem z

SEC – Certificate which

močjo 750 KW ali več (Officer of the

attests to the completion of

watch in engine room with engine of 750

a secondary education

KW or more)/ Engine operator class I,

cycle, art. 11 b

II, III

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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 1

Recognition according to

The country where

The competent authority

it is regulated

Directive 2005/36/EC (National legislation)

2

3

4

FOD Mobiliteit en Vervoer, Maritiem Vervoer, Gens de mer (pont) (pêche en mer) / Scheepsgezellen (dek) (zeevisserij) (Seafarers (deck) (Fishing fleet))/

Belgium

Vooruitgangsstraat 56

General system of

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

recognition – primary

Fax: + 32-2-277 40 52

Navigational watch

Brovakt / Navigational watch

application

Email: dg.mar@mobilit.fgov.be

Norway

---

Navigational watch

Portugal

cycle, art. 11 b

application

(ATT, art. 11 a)

Gama, Rua General Gomes Araújo 1399 - 005 Lisboa,

recognition – primary

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

application

General system of recognition – primary application

4

of a secondary education

Certificate

General system of

---

attests to the completion

recognition – primary

Ports and Sea Transport Institute, Edíficio Vasco da

Spain

SEC – Certificate which

Competence

imarpor@mail.telepac.pt, www.imarpor.pt

Marinero / Navigational watch

5

General system of

Instituto Portuário e dos Transportes Marítimos, Sea Marinheiro de 1a e 2a classes/

Qualification level

SEC – Certificate which attests to the completion of a secondary education cycle, art. 11 b Diploma (post-secondary education), including annex II (ex 92/51, annex C, D), art. 11 c

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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 11


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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

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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

Validity (geographic) of titles and certificates

Validity of titles Validity of certificates

Mandatory, depending on the position held on the ship and on the characteristics of the equipments on it. The professional cards are issued in accordance with the provisions of the STCW Convention, which leads to their European and international recognition Shall be renewed every 5 years, if the applicant passes the physical aptitude test Varies: 5 years or unlimited

Competence certification document (titles and

Professional card

certificates) 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

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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 15


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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 16


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

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

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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

2.5. 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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EUROPEAN UNION

III.

GOVERNMENT OF ROMNIA MINISTRY OF LABOUR, FAMILY, SOCIAL PROTECTION AND ELDERY PERSONS AMPOSDRU

European Social Fund POS DRU 2007-2013

Structural Instruments 2007 - 2013

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. 19


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

3.1. 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

20


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

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). 21


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

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 made , the management of the competent authority thus receiving the appeal from the „The Permanent 10

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).

Section 152, Act no. 18/2004 Col. - Act privind recunoașterea calificărilor profesionale - Act on Recognition of Professional Qualifications 10

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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

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

NO NU

U

U YES

Recognition of qualification needed

Are you qualified for the same profession in your country?

The Directive is not applicable.

NO NU

U

U YES

Do you want to exercise your profession temporarily or occasionally?

Do you want to work in the Czech Republic permanently? Is it necessary to inform a relevant recognition authority by declaration?

YES

Are you a doctor, pharmacist, dentist, nurse, midwife, veterinary, surgeon or architect?

YES

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

The principle of automatic recognition can be applied. NO

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

YES

U

U

The Directive is not applicable.

Are you a doctor, pharmacist, dentist, nurse, midwife, veterinary, surgeon or architect with the option of automatic recognition?

NU

1

U

U

2

3

4

23


EUROPEAN UNION

GOVERNMENT OF ROMNIA MINISTRY OF LABOUR, FAMILY, SOCIAL PROTECTION AND ELDERY PERSONS AMPOSDRU

European Social Fund POS DRU 2007-2013

1

Structural Instruments 2007 - 2013

2

3

YES

4

YES

Your study programme will be compared with the corresponding one required in the Czech Republic.

YES

Considering your profession, is there a danger for public health or safety?

YES

YES YES

Is the difference between your qualification and the qualification required in the Czech Republic higher than one level?

NO NU

U

The qualification will be checked.

NO NU

U

U Are there some substantial differences in the content of curriculum which cannot be covered by professional experience?

NO NU

U

U

U

Are there substantial differences between your study programme and the one required in the Czech Republic which may influence the public safety and health?

YES

YES

Aptitude test or adaptation traineeship.

RECOGNISED QUALIFICATION

Aptitude test or adaptation traineeship

NO NU

U

U ACCESS TO PROVIDE SERVICES

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 24


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

3.2. 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 25


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

Are you an EU / EEA emigrant, with a qualification in EU / EEA, who wishes to work in the Netherlands

YES

NO

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?

NO

Directive 2005/36/EC is not applicable

YES

Do you wish to provide temporary services?

YES

1

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?

Do you wish to establish yourself professionally in the Netherlands?

or

NO

Directive 2005/36/EC is not applicable

NO

2

Are you a medical doctor, nurse, dentist, veterinary surgeon, midwife, pharmacist, or architect?

YES

The principle of automatic recognition of the profession is applicable 26


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

1

NO

Are there any risks with regard to public health or safety involved in your profession?

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?

NO

Directive 2005/36/EC is not applicable

You are free to provide temporary services

NO

YES

YES

Are there substantial differences with regard to public health or safety between your programme and the required one?

Are you a medical doctor, nurse, dentist, veterinary surgeon, midwife, pharmacist, or architect?

YES

Your programme will be compared to the programme required in the Netherlands for practising the profession

YES

You are free to provide temporary services

NO

NO You are free to provide temporary services

You must pass an aptitude test

NO

Is there a difference of more than 1 level between your qualification and the required one?

YES

Is your programme 1 or more years shorter, or are there substantial differences in content?

You have been approved

YES

Directive 2005/36/EC is not applicable

You must either pass an aptitude test or undergo an adaptation period

Fig. 3. The process of recognition of professional qualifications if the Netherlands13 (flowchart)

13

Own draft by: www.nuffic.nl/en/diploma-recognition/professional-recognition 27


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

3.3. 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 – No 44 – 4 de Março de 2009, p. 1466 – 1530. Diário da Republica, 1.a série – No 197 – 12 de Outubre de 2007, p. 7375 – 7379. 16 Diário da Republica, 1.a série – No 140 – 21 de Junho de 1983, p. 2191 – 2197. 15

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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

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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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

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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GOVERNMENT OF ROMNIA MINISTRY OF LABOUR, FAMILY, SOCIAL PROTECTION AND ELDERY PERSONS AMPOSDRU

European Social Fund POS DRU 2007-2013

Structural Instruments 2007 - 2013

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 FILE SUBMISSION TO THE ATTESTATION COMISSION 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. 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);

CHECKING THE FILE CONTENT AND IF MEETING THE CONDITIONS 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.

Notices, Additions

NO

EXCEPTIONS CHECK . In the Ordinance no exceptions are provided

Are the conditions met? YES CHECK OF LEGALITY OF DOCUMENTS

YES

Is there a studies diploma issued by a Member State ?

YES

Is the condition met? DOCUMENT LEGALITY CHECK

NO DEROGATION CHECK

NO

EXAM BEFORE THE ATTESTATION COMMITTEE

Exam result?

In the Ordinance no derogations are provided

NEGATIVE

POSITIVE

Answer AC from Member States?

YES

Is the condition met? NO

Rejected

Denies the grant of a licence Applicant appeal

Admitted

Informing the applicant 1

2

3

STOP

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1

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2

3

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. Acquiring an engine operator certificate of proficiency

Admitted

Rejected Appeal result

Entry in the Record Book of RNA

Practicing the profession: engine operator

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.

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

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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 34


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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, 35


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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; 36


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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;

 18

a certificate attesting to completing traineeships, specialization courses, or attainment of other diplomas; BOE número 313, de 31 de diciembre de 1997 37


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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 38


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Table 4. National SOLVIT Centres 20 Member State of the European Union

Czech Republic

Denmark

Germany

Spain

Italy

Netherlands

Austria

20

SOLVIT Centre

Contacts

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, solvit@mpo.cz 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, SOLVIT@erst.dk Bundesministerium für Wirtschaft und Technologie, Scharnhorststr. 34-37 DE - 10115 Berlin, Fax. +49 3018 615 5379 solvit@bmwi.bund.de 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, solvit@ue.maec.es Presidenza Consiglio Ministri Dipartimento Politiche Comunitarie, Piazza Nicosia 20, IT - 00186 Roma, Phone: +39 06 677 95 844 Fax. +39 06 677 95 044, solvit@palazzochigi.it 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 solvit@mineleni.nl 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 solvit@bmwfj.gv.at

Barbora Hanáková Zuzana Bakotová Tomáš Stehlík Jens Kasper Rasmussen Sofie Freilev Karin Kragshave Kristian Yde Agerbo

Lisa Teichmann

Ana Iglesias Ana María Hernández Javier Pascual Pontones

Giuseppina VALENTE Francesco CIPRI Massimo SANTORELLI

Koen van Ginneken

Sylvia Vana Alexandra GaudmannHeber Christian Müller

http://ec.europa.eu/solvit/site/centres 39


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Continuation of table 4 Member State of the European Union

Portugal

Romania

IV.

SOLVIT Centre 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 solvit@dgac.pt 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 solvit@dae.gov.ro

Contacts

Rosarinho MELANCIA Mafalda DE SIQUEIRA

Romulus BENA Karina STAN Ramona-Maria CIUCĂ

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 Regulated Proposed for Profession Legislation in force Profession recognition Engine operator class I, II and III (Maquinista Práctico de

YES

1ª, 2ª y 3ª clase) Navigational watch on a fishing boat

YES

(Marinero – pescador) Navigational watch class I and class II (Marinero de 1ª y 2ª clase) Engine operator on rescue boats (Motorista de embarcaciones salvavidas) Deck Navigational Watch on

YES

de 28 de Noviembre Decreto- Ley n.º206/2005, de 28 de Noviembre Decreto- Ley n.º206/2005, de 28 de Noviembre

YES

de Enero + Decreto- ley n.º

--

de Enero + Orden n.º YES

625/91 Serie I B, de 12 de

cubierta)

280/2002, de 23 de Octubre

Shipboard engineer (Mecánico de Bordo)

--

Decreto- ley n.º4/91, de 8

Julio + Decreto – ley n.º

(Ayudante de Maquinista)

--

280/2002, de 23 de Octubre

salva-vidas – personal de

Engine operator assistant

--

Decreto- ley n.º 4/91, de 8

rescue boats (Marinero de embarcación

Decreto- Ley n.º206/2005,

--

NO

--

NO

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). 41


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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 – No 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 – No 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 – No 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 43


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European Social Fund POS DRU 2007-2013

Structural Instruments 2007 - 2013

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.

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