L 255/160 Official Journal of the European Union 30.9.2005 DIRECTIVE 2005/45/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 7 September 2005 on the mutual recognition of seafarers’ certificates issued by the Member States and amending Directive 2001/25/EC (Text with EEA relevance) THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Com- munity, and in particular Article 80(2) thereof, Having regard to the proposal from the Commission, Having regard to the opinion of the European Economic and Social Committee (%), After consulting the Committee of the Regions, Acting in accordance with the procedure laid down in Article 251 of the Treaty (%), Whereas: (1)  In its conclusions of 5 June 2003 on improving the image of Community shipping and attracting young people to the seafaring profession, the Council high- lighted the necessity of fostering the professional mobi- lity of seafarers within the European Union, with par- ticular emphasis on recognition procedures for seafarers’ certificates of competency, while ensuring thorough compliance with the requirements of the International Maritime Organisation (IMO) Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978 (the STCW Convention) in its up to date version. (2)  Maritime transport is an intensively and rapidly devel- oping sector of a particularly international character. Accordingly, in view of the increasing shortage of Com- munity seafarers, the balance between supply and demand in personnel can be maintained more efficiently at the Community, rather than the national level. It is therefore essential that the common transport policy in the field of maritime transport be extended to facilitate the movement of seafarers within the Community. (3)  As regards seafarers’ qualifications, the Community has laid down minimum maritime education, training and certification ~ requirements by way of Directive 2001/25/EC of the European Parliament and of the Council of 4 April 2001 on the minimum level of training of seafarers (*). That Directive incorporates into () O] C 157, 28.6.2005, p. 53. (*) Opinion of the European Parliament of 23 February 2005 (not yet published in the Official Journal). Decision of the Council of 27 June 2005. () OJ L 136, 18.5.2001, p. 17. Directive as last amended by Commis- sion Directive 2005/23/EC (O] L 62, 9.3.2005, p. 14). Community law the international training, certification and watchkeeping standards laid down by the STCW Convention. (4)  Directive 2001/25/EC provides that seafarers must hold a certificate of competency issued and endorsed by the competent authority of a Member State in accordance with that Directive and entitling the lawful holder thereof to serve on a ship in the capacity and perform the functions involved at the level of responsibility speci- fied therein. (5)  Under Directive 2001/25/EC, mutual recognition among Member States of certificates held by seafarers, whether or not nationals of a Member State, is subject to Direc- tives 89/48/EEC (*) and 92/51/EEC (°) setting up, respec- tively, a first and a second general system for the recog- nition of professional education and training. Those Directives do not provide for the automatic recognition of formal qualifications of seafarers, as seafarers may be subject to compensation measures. (6)  Each Member State should recognise any certificate and other evidence of formal qualifications issued by another Member State in accordance with Directive 2001/25/EC. Therefore, each Member State should permit a seafarer having acquired his/her certificate of competency in another Member State, satisfying the requirements of that Directive, to take up or to pursue the maritime profession for which he[she is qualified, without any prerequisites other than those imposed on its own nationals. (7)  Since this Directive is aimed at facilitating the mutual recognition of certificates, it does not regulate the condi- tions concerning access to employment. (8)  The STCW Convention specifies language requirements for seafarers. These requirements should be introduced into Community law to ensure effective communication on board ships and facilitate the free movement of seafarers within the Community. (*) Council Directive 89/48/EEC of 21 December 1988 on a general system for the recognition of higher-education diplomas awarded on completion of professional education and training of at least three years duration (O] L 19, 24.1.1989, p. 16). Directive as last amended by Directive 2001/19/EC of the European Parliament and of the Council (O] L 206, 31.7.2001, p. 1). Council Directive 92/51/EEC of 18 June 1992 on a second general system for the recognition of professional education and training to supplement Directive 89[48/EEC (O] L 209, 24.7.1992, p. 25). Directive as last amended by Commission Decision 2004/108/EC (O] L 32, 5.2.2004, p. 15). — ~