(fra kommisjonsbeslutningen)

(1) In accordance with Article 10(4) of Directive (EU) 2017/2397, any third country may submit to the Commission a request for recognition of certificates of qualification, service record books or logbooks that have been issued by its authorities. The request is to be accompanied by all information necessary to determine whether the issuing of such documents is subject to requirements that are identical to those laid down in that Directive.

(2) By letter of 16 December 2022, Serbia requested the recognition of certificates, service record books and logbooks that had been issued by its authorities. Upon receiving the request for recognition, the Commission initiated the assessment of the certification systems in Serbia.

(3) The assessment was based on the analysis of the submitted documentation and on the results of a fact-finding inspection carried out by the Commission in Belgrade on 28 and 29 May 2024, which focused on the assessment of the administrative exams (management level and operational level) organised by the Serbian authorities. In particular, the fact-finding inspection assessed the carrying out of the administrative exams for boatmasters and other deck crew members, issuance of service record books for deck crew members, logbooks and certificates of qualification, medical check-up and issuance of medical certificates, and validation of navigation times in the service record books and administrative procedures concerning logbooks.

(4) The assessment was carried out in accordance with Article 17(2), point (a), of Directive (EU) 2017/2397 pertaining to examinations organised under the responsibility of an administrative authority. The procedure for approving training programmes pursuant to Article 17(2), point (b), of Directive (EU) 2017/2397 was not part of the assessment and should be undertaken at a later stage following the creation of the Training Institute in Belgrade.

(5) The fact-finding inspection identified several areas that needed to be addressed by the Serbian authorities, including shortcomings related to provisions governing the issuance, validity, suspension and withdrawal of certificates of qualification. In November 2024, the Serbian authorities submitted their reply addressing the identified shortcomings.

(6) Based on the results of the fact-finding inspection, the replies to the shortcomings submitted by Serbia, corresponding amendments in the relevant rulebooks and other available information, the Commission has concluded that the Serbian authorities have taken measures to ensure that the issuing of the certificates of qualification, service record books and logbooks specified in Serbia’s request is subject to requirements that are identical to those laid down in Directive (EU) 2017/2397.

(7) In accordance with Article 10(3) of Directive (EU) 2017/2397 and considering that Serbia recognises within its jurisdiction Union documents issued pursuant to that Directive, any certificate of qualification based on examination organised under the responsibility of an administrative authority, service record book or logbook issued in accordance with the national rules of Serbia, should be valid on all Union inland waterways.

(8) On 6 June 2024, Serbia submitted to the Commission a request to receive access to the European Crew Database for certificates of qualifications and service record books and to the European Hull Database for logbooks.

(9) In accordance with Article 25(4) of Directive (EU) 2017/2397, authorities in third countries that issue certificates of qualification, service record books or logbooks may be granted access to the database in so far as this is necessary for the purposes referred to in Article 25(2) of Directive (EU) 2017/2397 provided that the requirements on data protection of Article 47 of Regulation (EU) 2018/1725 of the European Parliament and the Council (2) are fulfilled, the third country does not limit access by Member States or by the Commission to its corresponding database and if the Commission ensures that the third country does not transfer the data to another third country or international organisation without the Commission’s express written authorisation and under the conditions specified by the Commission. Since special administrative arrangements pursuant to Article 48 of Regulation (EU) 2018/1725 are necessary between the Commission and Serbia in order to ensure adequate level of data protection, the Commission decision on providing access to the European Crew Database and to the European Hull Database to the authorities of Serbia should be adopted at a later stage.

(10) Member States have been provided with information on the results of the assessment.

(11) It is therefore appropriate to recognise certificates of qualification that are issued based on examination organised under the responsibility of an administrative authority, service record books and logbooks issued by Serbia for the purposes of Article 10 of Directive (EU) 2017/2397.

(12) The measure provided in this Decision is in accordance with the opinion of the Committee referred to in Article 33 of Directive (EU) 2017/2397,