The European Social Partners for the maritime sector, including the European Community Shipowners’ Associations (ECSA) and the European Transport Workers’ Federation (ETF) stressed potential Brexit implications, related to the possible preclusion of seafarers who hold Certificates of Competency (CoCs) issued in the UK under STCW. As such, they urged the European Commission and EU member states to agree a pragmatic solution with the UK Government that will enable the continued employment of holders of UK CoCs on ships registered in EEA Member States.
Namely, there are about 22,000 holders of UK CoCs and it can be assumed that some 4,400 will expire during the first year following Brexit.
Because of the global character the maritime industry and the mobility of ownership and labour arrangements have, it is a possibility that a substantial number of these seafarers will for the time being work on vessels registered in EEA Member States other than the UK. Whether no arrangements were to be issued, there might be a loss of their entitlement to do so, and it will result to implications for the EU shipping companies employing them.
Specifically, both associations support that it is of a big importance for them to reach an agreement concerning the future relationships between the EU and the UK, which will include an arrangement that UK CoCs will be accepted for service on EEA-registered ships and the opposite. In that way, the UK will become a recognised third country under Directive 2008/106/EC and the UK would agree to accept EEA CoCs on its ships.
Both ECSA and ETF will support the above result since they both expect it will be not only in favour of European shipowners, but for the CoC UK holders and generally the EU as well.
Moreover, in the possible case where no provision of this type is included in the agreement in the future or no deal scenario, the recognition of UK CoCs under Directive 2008/106 would cease to apply. While the already existing endorsements issued by Member States would keep on being valid until their expiry dates, no new endorsements of UK CoCs could be set.
On the contrary, the procedure under Article 19 of Directive 2008/106 would apply and a Member State would need to make a request to the European Commission for recognition of the UK as a third country. ECSA and ETF state that this process is said to be time-consuming and until a solution is made, it will be of considerable detriment to the holders of CoCs concerned.
From the moment that a Member State submits its request, it can recognise the third country unilaterally. To this result, in order to make sure of an easy transition, the organisations will report Member States to consider jointly requesting the recognition of the UK.
Finally, the UK Government provided a notice that it will grant recognition to CoCs issued by EEA Member States if there is no deal. The two organisations ask the European Commission and the Member States to take a similar decision in order not to disrupt the employment of UK CoC holders on EEA-registered ships.