2001L0025 — EN — 14.12.2003 — 002.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B DIRECTIVE2001/25/ECOFTHEEUROPEANPARLIAMENTANDOFTHECOUNCIL
of4April2001
ontheminimumlevel oftrainingofseafarers
(OJ L 136, 18.5.2001, p. 17)
Amended by:
Official Journal
No page date
►M1Directive 2002/84/EC of the European Parliament and of the Council of
5 November 2002L 324 53 29.11.2002
►M2Directive 2003/103/EC of the European Parliament and of the Council of
17 November 2003L 326 28 13.12.2003
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DIRECTIVE 2001/25/EC OF THE EUROPEAN PARLIAMENT
ANDOFTHECOUNCIL
of4April2001
ontheminimumlevel oftrainingofseafarers
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and
in particular Article 80(2) thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the Economic and Social
Committee (1),
Having consulted the Committee of the Regions,
Acting in accordance with the procedure referred to in Article 251 of
the Treaty (2),
Whereas:
(1)Council Directive 94/58/EC of 22 November 1994 on the
minimum level of training of seafarers (3) has been substancially
amended (4). In the interests of clarity and rationality, it should
therefore be consolidated.
(2)Actions to be taken at Community level in the field of maritimesafety and pollution prevention at sea should be in line withinternationally agreed rules and standards.
(3)In its conclusions of 25 January 1993 on maritime safety andpollution prevention in the Community, the Council noted the
importance of the human element in the safe operation of ships.
(4)In its resolution of 8 June 1993 on a common policy on safe
seas(5), the Council set the objective of removing substandard
crews and gave priority to Community action aiming at enhan-cing training and education by developing common standardsfor minimum training levels of key personnel, including thequestion of a common language on board Community vessels.
(5)In its resolution of 24 March 1997 (6) on a new strategy to
increase the competitiveness of Community shipping the Council
sought to promote the employment of Community seafarers andshore-based personnel. To that end the Council agreed thataction should be undertaken to help Community shipping tocontinue striving for high quality and improve its competitive-ness by ensuring the continued high-quality training of
Community seafarers of all ranks and of shore-based personnel.
(6)The standards of training for the award of vocational compe-
tency certificates to seafarers vary from one Member State toanother. Such a diversity of national laws in the area of trainingcovered by this Directive does not ensure the consistent level oftraining required in the interests of maritime safety.
(7)Council Directives 89/48/EEC (7) and 92/51/EEC (8) on the
general system for the recognition of professional education andtraining apply to maritime occupations covered by this Directive.2001L0025 — EN — 14.12.2003 — 002.001 — 2
(1) OJ C 14, 16.1.2001, p. 41.
(2) European Parliament opinion of 12 December 2000 (not yet published in the
Official Journal) and Council Decision of 12 March 2001.
(3) OJ L 319, 12.12.1994, p. 28. Directive as amended by Directive 98/35/EC
(OJ L 172, 17.6.1998, p. 1).
(4) See Annex III, Part B.
(5) OJ C 271, 7.10.1993, p. 1.
(6) OJ C 109, 8.4.1997, p. 1.
(7) OJ L 19, 24.1.1989, p. 16.
(8) OJ L 209, 24.7.1992, p. 25. Directive as last amended by Commission
Directive 2000/5/EC (OJ L 54, 26.2.2000, p. 42).
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They will help promote compliance with the obligations laid
down in the Treaty abolishing obstacles to the free movementof persons and services between Member States.
(8)The mutual recognition of diplomas and certificates provided forunder the general system Directives does not always ensure a
standardised level of training for all seafarers serving on board
vessels flying the flag of a Member State. This is, however, vitalfrom the viewpoint of maritime safety.
(9)It is therefore essential to define a minimum level of training forseafarers in the Community. It is appropriate that the action inthis field should be based on the standards of training alreadyagreed at international level, namely the International MaritimeOrganisation (IMO) Convention on Standards of Training, Certi-
fication and Watch-keeping for Seafarers, 1978 (STCW
Convention), as revised in 1995; all Member States are Partiesto that Convention.
(10)Member States may establish standards higher than the minimumstandards laid down in the STCW Convention and this Directive.
(11)The Regulations of the STCW Convention set out in Annex I to
this Directive should be supplemented by the mandatory provi-
sions contained in Part A of the STCW Code. Part B of theSTCW Code contains recommended guidance intended to assistParties to the STCW Convention and those involved in imple-menting, applying or enforcing its measures to give the
Convention full and complete effect in uniform manner.
(12)For the enhancement of maritime safety and pollution prevention
at sea provisions on minimum rest periods for watchkeeping
personnel should be established in this Directive in accordance
with the STCW Convention. Those provisions should be appliedwithout prejudice to the provisions of Council Directive 1999/63/EC of 21 June 1999 concerning the Agreement on the organi-sation of working time of seafarers concluded by the EuropeanCommunity Shipowners' Association (ECSA) and the Federation
of Transport Workers's Unions in the European Union (FST)(
1).
(13)In order to enhance maritime safety and prevent loss of humanlife and maritime pollution, communication among crew
members on board ships sailing in Community waters should beimproved.
(14)Personnel on board passenger ships nominated to assist passen-gers in emergency situations should be able to communicatewith the passengers.
(15)Crews serving on board tankers carrying noxious or pollutingcargo should be capable of coping efficiently with accidentprevention and emergency situations. It is paramount that aproper communication link between the master, officers andratings is esablished, covering the requirements provided for in
Article 17.
(16)Measures should be taken to ensure that seafarers holding certi-
ficates issued by third countries have a level of competence
commensurate with that required by the STCW Convention.
(17)In order to attain this objective, common criteria should be
defined for the recognition of foreign certificates in the Commu-
nity. The establishment of common criteria for the Member
States' recognition of certificates issued by third countries shouldbe based on the training and certification requirements as agreedin the framework of the STCW Convention.
(18)In the interests of safety at sea, Member States should recognisequalifications proving the required level of training only wherethese are issued by or on behalf of Parties to the STCW Conven-tion which have been identified by the IMO Maritime Safety2001L0025 — EN — 14.12.2003 — 002.001 — 3
(1) OJ L 167, 2.7.1999, p. 33.
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Committee (MSC) as having been shown to have given, and still
to be giving, full effect to the standards set out in that Conven-tion. To bridge the time gapuntil the MSC has been albe to
carry out such identification, a procedure for the preliminary
recognition of certificates is needed.
(19)Where appropriate, maritime institutes, training programmes and
courses should be inspected. Criteria for such inspection should
therefore be established.
(20)A committee should be established to assist the Commission incarrying out the tasks related to the exercise of the recognition
of certificates issued by training institutes or administrations of
third countries.
(21)Member States, as port authorities, are required to enhancesafety and prevention of pollution in Community waters through
priority inspection of vessels flying the flag of a third country
which has not ratified the STCW Convention, thereby ensuringno more favourable treatment to vessels flying the flag of a thirdState.
(22)It is appropriate to include in this Directive provisions on portState control, pending the amendment of Council Directive 95/21/EC of 19 June 1995 concerning the enforcement, in respectof shipping using Community ports and sailing in the watersunder the jurisdiction of the Member States, of international
standards for ship safety, pollution prevention and shipboard
living and working conditions (port State control) (
1) in order to
transfer to that Directive the provisions on port State controlwhich are included in Articles 17(f), 19, 20 and 21 of this Direc-tive.
(23)It is necessary to provide for procedures for adapting this Direc-tive to changes in international conventions and codes.
(24)The measures necessary for the implementation of this Directive
should be adopted in accordance with Council Decision 1999/
468/EC of 28 June 1999 laying down the procedures for theexercise of implementing powers conferred on the Commis-sion(
2).
(25)The Council should review Annex II in the light of the experi-ence gained in applying this Directive, acting on a proposal tobe submitted by the Commission within five years of 25 May2003.
(26)Until 1 February 2002 Member States should be allowed toaccept on their ships seafarers holding certificates issued inaccordance with the provisions which applied before 1 February1997, the date of entry into force of the revised STCW Conven-tion, provided that those seafarers began their service or training
before 1 August 1998.
(27)This Directive should be without prejudice to the obligations of
the Members States concerning the time-limits for transposition
of the Directives set out in Annex III, Part B,
HAVE ADOPTED THIS DIRECTIVE:
Article 1
Definitions
For the purposes of this Directive:
1. ‘master’ shall mean the person having command of a ship;2001L0025 — EN — 14.12.2003 — 002.001 — 4
(1) OJ L 157, 7.7.1995, p. 1. Directive as last amended by Commission Direc-
tive 1999/97/EC (OJ L 331, 23.12.1999, p. 67).
(2) OJ L 184, 17.7.1999, p. 23.
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2. ‘officer’ shall mean a member of the crew, other than the master,
designated as such by national law or regulations or, in the absenceof such designation, by collective agreement or custom;
3. ‘deck officer’ shall mean an officer qualified in accordance with
the provisions of Chapter II of Annex I;
4. ‘chief mate’ shall mean the officer next in rank to the master upon
whom the command of the shipwill fall in the event of the incap a-city of the master;
5. ‘engineer officer’ shall mean an officer qualified in accordance
with the provisions of Chapter III of Annex I;
6. ‘chief engineer officer’ shall mean the senior engineer officer
responsible for the mechanical propulsion and the operation andmaintenance of the mechanical and electrical installations of the
ship;
7. ‘second engineer officer’ shall mean the engineer officer next in
rank to the chief engineer officer upon whom the responsibilityfor the mechanical propulsion and the operation and maintenanceof the mechanical and electrical installations of the shipwill fallin the event of the incapacity of the chief engineer officer;
8. ‘assistant engineer officer’ shall mean a person under training to
become an engineer officer and designated as such by nationallaw or regulations;
9. ‘radio operator’ shall mean a person holding an appropriate certifi-
cate issued or recognised by the competent authorities under the
provisions of the Radio Regulations, as defined in point 18;
10. ‘rating’ shall mean a member of the ship's crew other than the
master or an officer;
11. ‘seagoing ship’ shall mean a ship other than those which navigate
exclusively in inland waters or in waters within, or closely adjacentto, sheltered waters or areas where port regulations apply;
12. ‘shipflying the flag of a Member State’ shall mean a shipregis-
tered in and flying the flag of a Member State in accordance withits legislation. A shipnot corresp onding to this definition shall beregarded as a shipflying the flag of a third country;
13. ‘near-coastal voyages’ shall mean voyages in the vicinity of a
Member State as defined by that Member State;
14. ‘propulsion power’ shall mean the total maximum continuous rated
output power in kilowatts of all of a ship's main propulsionmachinery which appears on the ship's certificate of registry orother official document;
15. ‘oil-tanker’ shall mean a shipconstructed and used for the carriage
of petroleum and petroleum products in bulk;
16. ‘chemical tanker’ shall mean a shipconstructed or adap ted and
used for the carriage in bulk of any liquid product listed in Chapter17 of the International Bulk Chemical Code, in its up-to-dateversion;
17. ‘liquefied-gas tanker’ shall mean a shipconstructed or adap ted and
used for the carriage in bulk of any liquefied gas or other productlisted in Chapter 19 of the International Gas Carrier Code, in itsup-to-date version;
18. ‘radio regulations’ shall mean the revised radio regulations,
adopted by the World Administrative Radio Conference for the
Mobile Service in their up-to-date version;
19. ‘passenger ship’ shall mean a seagoing ship which carries more
than 12 passengers;
20. ‘fishing vessel’ shall mean a vessel used for catching fish or other
living resources of the sea;2001L0025 — EN — 14.12.2003 — 002.001 — 5
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21. ‘STCW convention’ shall mean the International Convention on
Standards of Training, Certification and Watchkeeping forSeafarers as it applies to the matters concerned taking into account
the transitional provisions of Article VII and Regulation I/15 of the
Convention and including, where appropriate, the applicable provi-sions of the STCW code, all being applied in its up-to-date version;
22. ‘radio duties’ shall include, as appropriate, watchkeeping and tech-
nical maintenance and repairs conducted in accordance with theRadio Regulations, the International Convention for the Safety ofLife at Sea (1974), (Solas Convention) and, at the discretion ofeach Member State, the relevant recommendations of the Interna-tional Maritime Organisation (IMO), in their up-to-date versions;
23. ‘ro-ro passenger ship’ shall mean a passenger ship with ro-ro cargo
spaces or special-category spaces as defined in the Solas Conven-tion, in its up-to-date version;
24. ‘STCW code’ shall mean the Seafarers' Training, Certification and
Watchkeeping (STCW) Code as adopted by Resolution 2 of the1995 STCW Conference of Parties, in its up-to-date version;
25. ‘function’ shall mean a groupof tasks, duties and resp onsibilities,
as specified in the STCW code, necessary for ship operation, safetyof life at sea or protection of the marine environment;
26. ‘company’ shall mean the owner of the ship or any other organisa-
tion or person such as the manager or the bareboat charterer whohas assumed the responsibility for operation of the ship from theshipowner and who, on assuming such responsibility, has agreedto take over all the duties and responsibilities imposed on the
company by these regulations;
27. ‘appropriate certificate’ shall mean a certificate issued and
endorsed in accordance with this Directive and entitling the lawful
holder thereof to serve in the capacity and perform the functions
involved at the level of responsibility specified therein on a shipof the type, tonnage, power and means of propulsion concernedwhile engaged on the particular voyage concerned;
28. ‘seagoing service’ shall mean service on board a shiprelevant to
the issue of a certificate or other qualification;
29. ‘approved’ shall mean approved by a Member State in accordance
with this Directive;
30. ‘third country’ shall mean any country which is not a Member
State;
31. ‘month’ shall mean a calendar month or 30 days made upof
periods of less than one month.
Article 2
Scope
This Directive shall apply to the seafarers mentioned in this Directive
serving on board seagoing ships flying the flag of a Member State withthe exception of:
— warships, naval auxiliaries or other ships owned or operated by a
Member State and engaged only on government non-commercialservice,
— fishing vessels,— pleasure yachts not engaged in trade,— wooden ships of primitive build.
Article 3
Trainingandcertification
1. Member States shall take the measures necessary to ensure that
seafarers serving on ships as referred to in Article 2 are trained as aminimum in accordance with the requirements of the STCW Conven-tion, as laid down in Annex I to this Directive, and hold certificates as2001L0025 — EN — 14.12.2003 — 002.001 — 6
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defined in Article 4 or appropriate certificates as defined in Article
1(27).
2. Member States shall take the measures necessay to ensure that
those crew members that must be certified in accordance with Regula-tion III/10.4 of the SOLAS Convention are trained and certificated in
accordance with this Directive.
Article 4
Certificate
A certificate shall be a valid document by whatever name it may be
known, issued by or under the authority of the competent authority ofa Member State, authorising the holder to serve as stated in that docu-ment or as authorised by national regulations.
Article 5
Certificates andendorsements
1. Certificates shall be issued in accordance with Article 10.
2. Certificates for masters, officers and radio operators shall be
endorsed by the Member State as prescribed in this Article.
3. Certificates shall be issued in accordance with Regulation I/2,
paragraph 1, of the STCW Convention.
4. In respect of radio operators, Member States may:
(a) include the additional knowledge required by the relevant regula-
tions in the examination for the issue of a certificate complyingwith the Radio Regulations; or
(b) issue a separate certificate indicating that the holder has the addi-
tional knowledge required by the relevant regulations.
5. At the discretion of a Member State endorsements may be incor-
porated in the format of the certificates being issued as provided for insection A-I/2 of the STCW code. If so incorporated the form used shallbe that set out in section A-I/2, paragraph 1. If issued otherwise, theform of endorsements used shall be that set out in paragraph 2 of thatsection. ►
M2Endorsements shall be issued in accordance with
Article VI, paragraph 2, of the STCW Convention. ◄
6. A Member State which recognises a certificate under the proce-
dure laid down in Article 18(3)(a) shall endorse that certificate to
attest its recognition. The form of the endorsement used shall be thatset out in paragraph 32 of section A-I/2 of the STCW Code.
7. The endorsements referred to in paragraphs 5 and 6:
(a) may be issued as separate documents;
(b) shall each be assigned a unique number, except that endorsements
attesting the issue of a certificate may be assigned the samenumber as the certificate concerned, provided that that number isunique; and
(c) shall each expire as soon as the certificate endorsed expires or is
withdrawn, suspended or cancelled by the Member State or third
country which issued it and, in any case, within five years of theirdate of issue.
8. The capacity in which the holder of a certificate is authorised to
serve shall be identified in the form of endorsement in terms identicalto those used in the applicable safe-manning requirements of theMember State concerned.
9. A Member State may use a format different from the format laid
down in section A-I/2 of the STWC code, provided that, as aminimum, the required information is provided in roman characters2001L0025 — EN — 14.12.2003 — 002.001 — 7
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and Arabic figures, taking account of the variations permitted under
section A-I/2.
10. Subject to Article 18(4) any certificate required by this Directive
must be kept available in its original form on board the ship on whichthe holder is serving.
Article 6
Trainingrequirements
The training required by Article 3 shall be in a form appropriate to the
theoretical knowledge and practical skills required by Annex I, in parti-cular the use of life saving and firefighting equiment, and approved bythe competent authority or body designated by each Member State.
Article 7
Principles governingnear-coastal voyages
1. When defining near-coastal voyages Member States shall not
impose training, experience or certification requirements on seafarersserving on board ships entitled to fly the flag of another Member Stateor another Party to the STCW Convention and engaged on such
voyages in a manner resulting in more stringent requirements for such
seafarers than for seafarers serving on board ships entitled fo fly itsown flag. In no case shall a Member State impose requirements inrespect of seafarers serving on board ships flying the flag of anotherMember State or of another Party to the STCW Convention in excessof those of this Directive in respect of ships not engaged on near-
coastal voyages.
2. With respect to ships entitled to fly the flag of a Member State
regularly engaged on near-coastal voyages off the coast of anotherMember State or of another Party to the STCW Convention, theMember State the flag of which a shipis entitled fo fly shall p rescribe
training, experience and certification requirements for seafarers serving
on such ships at least equal to those of the Member State or the Partyto the STCW Convention off the coast of which the shipis engaged,provided that they do not exceed the requirements of this Directive inrespect of ships not engaged on near-coastal voyages. Seafarers serving
on a shipwhich extends its voyage beyond what is defined as a near-
coastal voyage by a Member State and enters waters not covered bythat definition shall fulfil the appropriate requirements of this Direc-tive.
3. A Member State may afford a shipwhich is entitled to fly its flag
the benefits of the near-coastal voyage provisions of this Directive
when it is regularly engaged off the coast of a non-Party to theSTCW Convention on near-coastal voyages as defined by that MemberState.
4. Upon deciding on the definition of near-coastal voyages and the
conditions of education and training required thereof in accordance
with the requirements of paragraphs 1, 2 and 3, Member States shall
communicate to the Commission the details of the provisions theyhave adopted.
Article 8
Penalties ordisciplinarymeasures
1. Member States shall establish processes and procedures for the
impartial investigation of any reported incompetence, act or omission,that may pose a direct threat to safety of life or property at sea or tothe marine environment, on the part of the holders of certificates orendorsements issued by that Member State in connection with their
performance of duties relating to their certificates and for the with-
drawal, suspension and cancellation of such certificates for such causeand for the prevention of fraud.
2. Each Member State shall prescribe penalties or disciplinary
measures for cases in which the provisions of this national legislation2001L0025 — EN — 14.12.2003 — 002.001 — 8
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giving effect to this Directive are not complied with in respect of ships
entitled to fly its flag or of seafarers duly certificated by it.
3. In particular, such penalties or disciplinary measures shall be
prescribed and enforced in cases in which:
(a) a company or a master has engaged a person not holding a certifi-
cate as required by this Directive;
(b) a master has allowed any function or service in any capacity which
under this Directive must be performed by a person holding anappropriate certificate to be performed by a person not holding therequired certificate, a valid dispensation or having the documentary
proof required by Article 18(4); or
(c) a person has obtained by fraud or forged documents an engagement
to perform any function or serve in any capacity which under this
Directive must be performed or filled by a person holding a certifi-
cate or dispensation.
4. Member States within the jurisdiction of which any company
which or any person who is believed on clear grounds to have beenresponsible for or to have knowledge of any apparent non-compliance
with this Directive specified in paragraph 3 is located shall extend
cooperation to any Member State or other Party to the STCW Conven-tion which advises them of its intention to initiate proceedings under itsjurisdiction.
Article 9
Qualitystandards
1. Each Member State shall ensure that:
(a) all training, assessment of competence, certification, endorsement
and revalidation activities carried out by non-governmental agen-
cies or entities under its authority are continuously monitored
through a quality standards system to ensure the achievement ofdefined objectives, including those concerning the qualificationsand experience of instructors and accessors;
(b) where governmental agencies or entities perform such activities,
there is a quality-standards system;
(c) the education and training objectives and related standards of
competence to be achieved are clearly defined and identify thelevels of knowledge, understanding and skills appropriate to theexaminations and assessments required under the STCW Conven-tion. The objectives and related quality standards may be specifiedseparately for different courses and training programmes and shall
cover the administration of the certification system;
(d) the fields of application of the quality standards cover the adminis-
tration of the certification systems, all training courses and
programmes, examinations and assessments carried out by or underthe authority of each Member State and the qualifications andexperience required of instructors and assessors, having regard tothe policies, systems, controls and internal quality-assurancereviews established to ensure achievement of the defined objec-
tives.
2. Member States shall also ensure that independent evaluations of
the knowledge, understanding, skills and competence acquisition andassessment activities, and of the administration of the certificationsystem, are conducted at intervals of not more than five years by quali-
fied persons who are not themselves involved in the activities
concerned in order to verify that:
(a) all internal management control and monitoring measures and
follow-up actions comply with planned arrangements and docu-mental procedures and are effective in ensuring achievement of
the defined objectives;
(b) the results of each independent evaluation are documented and
brought to the attention of those responsible for the area evaluated;2001L0025 — EN — 14.12.2003 — 002.001 — 9
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(c) timely action is taken to correct deficiencies.
3. A report relating to each evaluation carried out pursuant to para-
graph 2 shall be communicated by the Member State concerned to theCommission within six months of the date of the evaluation.
Article 10
Medical standards—Issueandregistrationofcertificates
1. Member States shall establish standards of medical fitness for
seafarers, particularly regarding eyesight and hearing.
2. Member States shall ensure that certificates are issued only to
candidates who comply with the requirements of this Article.
3. Each candidate for certification shall provide satisfactory proof:
(a) of his identity;
(b) that his age is not less than that prescribed in the Regulations in
Annex I relevant to the certificate applied for;
(c) that he meets the standards of medical fitness, particularly
regarding eyesight and hearing, established by the Member Stateand holds a valid document attesting to his medical fitness, issued
by a duly qualified medicial practitioner recognised by the compe-
tent authority of the Member State;
(d) of having completed the seagoing service and any related compul-
sory training prescribed in the Regulations in Annex I for thecertificate applied for;
(e) that he meets the standards of competence prescribed in the Regu-
lations in Annex I for the capacities, functions and levels that are tobe identified in the endorsement to the certificate.
4. Each Member State shall undertake:
(a) to maintain a register or registers of all certificates and endorse-
ments for masters and officers and, as appropriate, ratings, which
are issued, have expired or have been revalidated, suspended,
cancelled or reported lost or destroyed and of dispensations issued;
(b) to make available information on the status of such certificates,
endorsements and dispensations to other Member States or otherParties to the STCW Convention and companies which requestverification of the authenticity and validity of certificates producedto them by seafarers seeking recognition of their certificates or
employment on board ship.
Article 11
Revalidationofcertificates
1. Every master, officer and radio operator holding a certificate
issued or recognised under any chapter of Annex I other than ChapterVI who is serving at sea or intends to return to sea after a periodashore shall, in order to continue to qualify for seagoing service, be
required at intervals not exceeding five years;
(a) to meet the standards of medical fitness prescribed by Article 10;
and
(b) to establish continued professional competence in accordance with
section A-I/11 of the STCW Code.
2. Every master, officer and radio operator shall, for continuing
seagoing service on board ships for which special training requirementshave been internationally agreed upon, successfully complete approvedrelevant training.
3. Each Member State shall compare the standards of competence
which is required of candidates for certificates issued before 1 February2002 with those specified for the appropriate certificate in Part A of theSTCW Code, and shall determine the need to require the holders of2001L0025 — EN — 14.12.2003 — 002.001 — 10
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such certificates to undergo appropriate refresher and updating training
or assessment.
Refresher and updating courses shall be approved and include changes
in relevant national and international regulations concerning the safetyof life at sea and the protection of the marine environment and takeaccount of any updating of the standard of competency concerned.
4. Each Member State shall, in consultation with those concerned,
formulate or promote the formulation of a structure of refresher and
updating courses as provided for in section A-I/11 of the STCW Code.
5. For the purpose of updating the knowledge of masters, officers
and radio operators, each Member State shall ensure that the texts ofrecent changes in national and international regulations concerning thesafety of life at sea and the protection of the marine environment are
made available to ships entitled to fly its flag.
Article 12
Useofsimulators
1. The performance standards and other provisions set out in section
A-I/12 of the STCW code and such other requirements as areprescribed in Part A of the STCW Code for any certificate concerned
shall be complied with in respect of:
(a) all mandatory simulator-based training;
(b) any assessment of competence required by Part A of the STCW
Code which is carried out by means of a simulator
(c) any demonstration, by means of a simulator, of continued profi-
ciency required by Part A of the STCW Code.
2. Simulators installed or brought into use before 1 February 2002
may be exempted from full compliance with the performance standards
referred to in paragraph 1 at the discretion of each member State.
Article 13
Responsibilitiesofcompanies
1. In accordance with paragraphs 2 and 3 Member States shall hold
companies responsible for the assignment of seafarers for service in
their ships in accordance with this Directive, and shall require every
company to ensure that:
(a) each seafarer assigned to any of its ships holds an appropriate certi-
ficate in accordance which the provisions of this Directive and asestablished by the Member State;
(b) its ships are manned in accordance with the applicable safe-
manning requirements of the Member State;
(c) documentation and data relevant to all seafarers employed on its
ships are maintained and readily accessible, and include, withoutbeing limited to, documentation and data on their experience,training, medical fitness and competence in assigned duties;
(d) on being assigned to any of its ships seafarers are familiarised with
their specific duties and with all ship arrangements, installations,equipment, procedures, and ship characteristics that are relevant totheir routine or emergency duties;
(e) the ship's complement can effectivley coordinate their activities in
an emergency situation and in performing functions vital to safetyor to the prevention or mitigation of pollution.
2. Companies, masters and crew members shall each have responsi-
bility for ensuring that the obligations set out in this Article are givenfull and complete effect and that such other measures as may be neces-sary are taken to ensure that each crew member can make aknowledgeable and informed contribution to the safe operation of theship.2001L0025 — EN — 14.12.2003 — 002.001 — 11
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3. The company shall provide written instructions to the master of
each ship to which this Directive applies, setting out the policies andthe procedures to be followed to ensure that all seafarers who are
newly employed on board the ship are given a reasonable opportunity
to become familiar with the shipboard equipment, operating proceduresand other arrangements needed for the proper performance of theirduties, before being assigned to those duties. Such policies and proce-dures shall include:
(a) the allocation of a reasonable period of time during which each
newly employed seafarer will have an opportunity to becomeacquainted with:
(i) the specific equipment the seafarer will be using or operating;
and
(ii) ship-specific watchkeeping, safety, environmental protection
and emergency procedures and arrangements the seafarer needsto know to perform the assigned duties properly;
(b) the designation of a knowledgeable crew member who will be
responsible for ensuring that each newly employed seafarer is given
an opportunity to receive essential information in a language the
seafarer understands.
Article 14
Fitnessforduty
1. For the purpose of preventing fatigue Member States shall estab-
lish and enforce rest periods for watchkeeping personnel and requirethat watch systems are so arranged that the efficiency of watchkeepingpersonnel is not impaired by fatigue and that duties are so organisedthat the first watch at the start of a voyage and subsequent relieving
watches are sufficiently rested and otherwise fit for duty.
2. All persons who are assigned duty as officer in charge of a watch
or as a rating forming part of a watch shall be allowed at least 10 hoursof rest in any 24-hour period.
3. The hours of rest may be divided into no more than two periods,
one of which shall be at least six hours long.
4. The requirements for rest periods laid down in paragraphs 1 and 2
need not be maintained in the event of an emergency or drill or inother overriding operational conditions.
5. Notwithstanding paragraphs 2 and 3, the minimum period of 10
hours may be reduced to not less than six consecutive hours providedthat no such reduction shall extend beyond two days and at least 70hours of rest are provided each seven-day period.
6. Member States shall require that watch schedules be posted where
they are easily accessible.
Article 15
Dispensation
1. In circumstances of exceptional necessity, competent authorities
may, if in their opinion this does not cause danger to persons, properlyor the environment, issue a dispensation permitting a specified periodnot exceeding six months in a capacity, other than that of the radiooperator, except as provided by the relevant Radio Regulations, for
which he does not hold the appropriate certificate, provided that the
person to whom the dispensation is issued shall be adequately qualifiedto fill the vacant post in a safe manner to the satisfaction of the compe-tent authorities. However, dispensations shall not be granted to amaster or chief engineer officer, except the circumstances of force
majeureand then only for the shortest possible period.
2. Any dispensation granted for a post shall be granted only to a
person properly certificated to fill the post immediately below. Wherecertification of the post below is not required, a dispensation may beissued to a person whose qualification and experience are, in the2001L0025 — EN — 14.12.2003 — 002.001 — 12
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opinion of the competent authorities, of a clear equivalence to the
requirements for the post to be filled, provided that, if such a personholds no appropriate certificate, he or she shall be required to pass a
test accepted by the competent authorities as demonstrating that such
a dispensation may safely be issued. In addition, competent authoritesshall safely be issued. In addition, competent authorities shall ensurethat the post in question is filled by the holder of an appropriate certi-ficate as soon as possible.
Article 16
Responsibilities of Member States with regard to training and
assessment
1. Member States shall designate the authorities or bodies which
shall:
— give the training referred to in Article 3,
— organise and/or supervise the examinations where required,
— issue the certificates of competence referred to in Article 10, and— grant the dispensations provided for in Article 15.
2. Member States shall ensure that:
(a) all training and assessment of seafarers is:
1. structured in accordance with the written programmes, including
such methods and media of delivery, procedures and coursematerial as are necessary to achieve the prescribed standard of
competence; and
2. conducted, monitored, evaluated and supported by persons quali-
fied in accordance with paragraphs (d), (e) and (f);
(b) persons conducting in-service training or assessment on board ship
do so only when such training or assessment will not adverselyaffect the normal operation of the ship and they can dedicate theirtime and attention to training or assessment;
(c) instructors, supervisors and assessors are appropriately qualified for
the particular types and levels of training or assessment of compe-
tence of seafarers either on board or ashore;
(d) any person conducting in-service training of a seafarer, either on
board or ashore, which is intended to be used in qualifying forcertification under this Directive:
1. has an appreciation of the training programme and an under-
standing of the specific training objectives for the particulartype of training being conducted,
2. is qualified in the task for which training is being conducted,
and
3. if conducting training using a simulator:
(i) has received appropriate guidance in instructional techniques
involving the use of simulators; and
(ii) has gained practical operational experience on the particular
type of simulator being used;
(e) any person responsible for the supervision of the in-service training
of a seafarer intended to be used in qualifying for certification hasa full understanding of the training programme and the specificobjectives for each type of training being conducted;
(f) any person conducting in-service assessment of the competence of
a seafarer, either on board or ashore, which is intended to be used
in qualifying for certification:
1. has an appropriate level of knowledge and understanding of the
competence to be assessed;
2. is qualified in the task for which the assessment is being made;3. has received appropriate guidance in assessment methods and
practice;2001L0025 — EN — 14.12.2003 — 002.001 — 13
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4. has gained practical assessment experience; and
5. if conducting assessment involving the use of simulators, has
gained practical assessment experience on the particular type of
simulator under the supervision and to the satisfaction of an
experienced assessor;
(g) when a Member State recognises a course of training, a training
institution, or a qualification granted by a training institution, aspart of its requirements for the issue of a certificate, the qualifica-tions and experience of instructors and assessors are covered in the
application of the quality standard provisions of Article 9. Such
qualification, experience and application of quality standards shallincorporate appropriate training in instructional techniques andtraining and assessment methods and practice and comply with allapplicable requirements of paragraphs (d), (e) and (f).
Article 17
On-boardcommunication
Member States shall ensure that:
(a) without prejudice to points (b) and (d), there are at all times, on
board all ships flying the flag of a Member State, means in placefor effective oral communication relating to safety between allmembers of the ship's crew, particularly with regard to the correct
and timely reception and understanding of messages and instruc-
tions;
(b) on board all passenger ships flying the flag of a Member State and
on board all passenger ships starting and/or finishing a voyage in aMember State port, in order to ensure effective crew performancein safety matters, a working language is established and recorded
in the ship's log-book.
The company or the master, as appropriate, shall determine the
appropriate working language. Each seafarer shall be required tounderstand and, where appropriate, give orders and instructionsand report back in that language.
If the working language is not an official language of the Member
State, all plans and lists that must be posted shall include transla-
tions into the working language;
(c) on board passenger ships, personnel nominated on muster lists to
assist passengers in emergency situations are readily identifiableand have communication skills that are sufficient for that purpose,taking into account an appropriate and adequate combination ofany of the following factors:
(i) the language or languages appropriate to the principal nation-
alities of passengers carried on a particular route;
(ii) the likelihood that an ability to use elementary English voca-
bulary for basic instructions can provide a means of
communicating with a passenger in need of assistance whether
or not the passenger and crew member share a commonlanguage;
(iii) the possible need to communicate during an emergency by
some other means (e.g. by demonstration, hand signals, or
calling attention to the location of instructions, muster stations,life-saving devices or evacuation routes) when verbal commu-nication is impractical;
(iv) the extent to which complete safety instructions have been
provided to passengers in their native language or languages;
(v) the languages in which emergency announcements may be
broadcast during an emergency or drill to convey critical
guidance to passengers and to facilitate crew members in
assisting passengers;
(d) on board oil tankers, chemical tankers and liquefield gas tankers
flying the flag of a Member State, the master, officers and ratingare able to communicate with each other in (a) common workinglanguage(s);2001L0025 — EN — 14.12.2003 — 002.001 — 14
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(e) there are adequate means for communication between the shipand
the shore-based authorities. These communications shall beconducted in accordance with Chapter V, Regulation 14, paragraph
4, of the SOLAS Convention;
(f) when carrying out port State control under Directive 95/21/EC,
Member States also check that ships flying the flag of a State otherthan a Member State comply with this Article.
Article 18
Recognitionofcertificates
1. Mutual recognition among Member States of certificates referred
to in Article 4 held by seafarers who are nationals of Member Statesshall be subject to the provisions of Directives 89/48/EEC and 92/51/
EEC.
2. Mutual recognition among Member States of certificates referred
to in Article 4 held by seafarers who are not nationals of MemberStates shall also be subject to the provisions of Directives 89/48/EECand 92/51/EEC.
3. Seafarers who do not possess the certificates referred to in Article
4 may be allowed to serve on ships flying the flag of a Member State,
provided that a decision on the recognition of their appropriate certifi-
cates has been adopted through the procedure set out below:
(a) A Member State which intends to recognise, by endorsement,
appropriate certificates issued by a third country to a master,officer or radio operator, for service on ships flying its flag, shall
submit a request for recognition of that third country to the
Commission, stating its reasons.
The Commission, assisted by the European Maritime Safety
Agency (the Agency), and with the possible involvement of any
Member State concerned, shall collect the information referred toin Annex II and shall carry out an assessment of the training andcertification systems in the third country for which the request forrecognition was submitted, in order to verify whether the country
concerned meets all the requirements of the STCW Convention
and whether the appropriate measures have been taken to preventfraud involving certificates.
(b) The decision on the recognition of a third country shall be taken by
the Commission in accordance with the procedure referred to inArticle 23(2), within three months from the date of the request forrecognition. If granted, the recognition shall be valid subject to theprovisions of Article 18a.
(c) If no decision is taken on recognition of the third country
concerned within the period laid down in subparagraph (b), theMember State submitting the request may decide to recognise the
third country unilaterally until a decision is taken in accordance
with the procedure referred to in Article 23(2).
(d) A Member State may decide, with respect to ships flying its flag,
to endorse certificates issued by the third countries recognised by
the Commission, account being taken of the provisions containedin Annex II(4) and (5).
(e) Recognitions of certificates issued by recognised third countries
and published in the Official Journal of the European Union ,C
series, before (…)(
1) shall remain valid. These recognitions may
be used by all Member States unless the Commission has subse-quently withdrawn them pursuant to Article 18a.
(f) The Commission shall draw upand up date a list of the third coun-
tries that have been recognised. The list shall be published in theOfficial Journal of the European Union , C Series.2001L0025 — EN — 14.12.2003 — 002.001 — 15
(1) 18 months after the date of entry into force of the Directive▼B
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4. Notwithstanding Article 5(6), a Member State may, if circum-
stances require, allow a seafarer to serve in a capacity other thanradio officer or radio operator, except as provided by the Radio Regu-
lations, for a period not exceeding three months on board a ship flying
its flag, while holding an appropriate and valid certificate issued andendorsed as required by a third country, but not yet endorsed for recog-nition by the Member State concerned so as to render it appropriate forservice on board a ship flying its flag. Documentary proof shall be kept
readily available that application for an endorsement has been
submitted to the competent authorities.
Article 18a
1. Notwithstanding the criteria specified in Annex II, when a
Member State considers that a recognised third country no longercomplies with the requirements of the STCW Convention, it shall
notify the Commission immediately, giving substantiated reasons. The
Commission shall without delay refer the matter to the Committeereferred to in Article 23.
2. Notwithstanding the criteria specified in Annex II, when the
Commission considers that a recognised third country no longercomplies with the requirements of the STCW Convention, it shallnotify the Member States immediately, giving substantiated reasons.The Commission shall without delay refer the matter to the Committee
referred to in Article 23.
3. When a Member State intends to withdraw the endorsements of
all certificates issued by a third country it shall without delay inform
the Commission and the other Member States of its intention, giving
substantiated reasons therefor.
4. The Commission, assisted by the Agency, shall reassess the
recognition of the third country concerned in order to verify whetherthat country failed to comply with the requirements of the STCWConvention.
5. Where there are indications that a particular maritime training
establishment no longer complies with the requirements of the STCWConvention, the Commission shall notify the country concerned thatrecognition of that country's certificates will be withdrawn in two
months' time unless measures are taken to ensure compliance with all
the requirements of the STCW Convention.
6. The decision on the withdrawal of the recognition shall be taken
in accordance with the procedure referred to in Article 23(2), withintwo months from the date of the communication made by the MemberState. The Member States concerned shall take appropriate measures toimplement the decision.
7. Endorsements attesting recognition of certificates, issued in accor-
dance with Article 5(6) before the date on which the decision towithdraw recognition of the third country is taken, shall remain valid.
Seafarers holding such endorsements may not claim an endorsement
recognising a higher qualification, however, unless that upgrading isbased solely on additional seagoing service experience.
Article 18b
1. The third countries that have been recognised under the procedure
referred to in Article 18(3)(b), including those referred to in Article
18(3)(f), shall be reassessed by the Commission, with the assistance of
the Agency, on a regular basis and at least every five years to verifythat they fulfil the relevant criteria set out in Annex II and whetherthe appropriate measures have been taken to prevent fraud involvingcertificates.
2. The Commission shall define the priority criteria for assessment
of third countries on the basis of performance data provided by thePort State control pursuant to Article 20, as well as the information2001L0025 — EN — 14.12.2003 — 002.001 — 16
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relating to the reports of the independent evaluations communicated by
third countries pursuant to section A-I/7 of the STCW Code.
3. The Commission shall provide the Member States with a report
on the results of the assessment.
Article 19
Port Statecontrol
1. Irrespective of the flag it flies each ship, with the exception of
those types of ships excluded by Article 2, shall, while in the ports of
a Member State, be subject to port State control by officers dulyauthorised by that Member State to verify that all seafarers serving onboard who are required to be certificated by the STCW Convention areso certificated or hold appropriate dispensations.
2. When exercising port State control under this Directive, Member
States shall ensure that all relevant provisions and procedures laiddown in Directive 95/21/EC are applied.
Article 20
PortStatecontrolprocedures
1. Without prejudice to Directive 95/21/EC, port State control
pursuant to Article 19 shall be limited to the following:
— verification that every seafarer serving on board who must be certi-
ficated in accordance with the STCW Convention holds anappropriate certificate or a valid dispensation or provides documen-tary proof that an application for an endorsement attesting
recognition has been submitted to the authorities of the flag State,
— verification that the numbers and certificates of the seafarers
serving on board are in accordance with the safe-manning require-
ments of the authorities of the flag State.
2. The ability of the ship's seafarers to maintain watchkeeping stan-
dards as required by the STCW Convention shall be assessed in
accordance with Part A of the STCW Code if there are clear grounds
for believing that such standards are not being maintained because anyof the following has occurred:
— the shiphas been involved in a collision, grounding or stranding,
— there has been a discharge of substances from the shipwhen under
way, at anchor or at berth which is illegal under any internationalconvention,
— the shiphas been manoeuvred in an erratic or unsafe manner
whereby routing measures adopted by the IMO, or safe navigationpractices and procedures have not been followed,
— the ship is otherwise being operated in such a manner as to pose a
danger to persons, property or the environment,
— a certificate has been fraudulently obtained or the holder of a certi-
ficate is not the person to whom that certificate was originally
issued,
— the shipis flying the flag of a country which has not ratified the
STCW Convention, or has a master, officer or rating holding a
certificate issued by a third country which has not ratified the
STCW Convention.
3. Notwithstanding verification of the certificate, assessment under
paragraph 2 may require the seafarer to demonstrate the relevantcompetence at the place of duty. Such a demonstration may includeverification that operational requirements in respect of watchkeepingstandards have been met and that there is a proper response to emer-gency situations within the seafarer's level of competence.2001L0025 — EN — 14.12.2003 — 002.001 — 17
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Article 21
Detention
Without prejudice to Directive 95/21/EC, the following deficiencies, in
so far as it has been determined by the officer carrying out the portState control that they pose a danger to persons, property or the envir-
onment, shall be the only grounds under this Directive on which a
Member State may detain a ship:
(a) failure of seafarers to hold certificates, to have appropriate certifi-
cates, to have valid dispensations or provide documentary proof
that an application for an endorsement attesting recognition has
been submitted to the authorities of the flag State,
(b) failure to comply with the applicable safe-manning requirements of
the flag State,
(c) failure of navigational or engineering-watch arrangements to
conform to the requirements specified for the ship by the flag State,
(d) absence in a watch of a person qualified to operate equipment
essential to safe navigation, safety radiocommunications or theprevention of marine pollution,
(e) failure to provide proof of professional proficiency for the duties
assigned to seafarers for the safety of the shipand the p reventionof pollution,
(f) inability to provide for the first watch at the commencement of a
voyage and for subsequent relieving watches persons who are suffi-
ciently rested and otherwise fit for duty.
Article 22
Amendment
1. This Directive may be amended in accordance with the procedure
referred to in Article 23(2), in order to apply, for the purposes of thisDirective, subsequent amendments to the international codes referred toin Article 1(16), (17), (18), (23) and (24) which have entered into
force.►
M2This Directive may also be amended in accordance with
the same procedure in order to apply, for the purposes of this Directive,any relevant amendments to Community legislation. ◄
2. The Council shall decide, in accordance with the conditions of the
Treaty, on any amendment of Annex II, acting on a proposal to be
submitted by the Commission within five years of 25 May 2003 inthe light of the experience gained in applying this Directive.
3. Following the adoption of new instruments or protocols to the
STCW Convention, the Council, acting on a proposal from the
Commission, shall decide, taking into account the Member States'parliamentary procedures, as well as the relevant procedures withinthe IMO on the detailed arrangements for ratifying those new instru-ments or protocols, while ensuring that they are applied uniformly and
simultaneously in the Member States.
4. The amendments to the international instruments referred to in
Article 1 may be excluded from the scope of this Directive, pursuantto Article 5 of Regulation (EC) No 2099/2002 of the European Parlia-ment and of the Council of 5 November 2002 establishing a Committeeon Safe Seas and the Prevention of Pollution from Ships (COSS)(
1).2001L0025 — EN — 14.12.2003 — 002.001 — 18
(1) OJ L 324, 29.11.2002, p. 1.▼M1
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Article 23
Committeeprocedure
1. The Commission shall be assisted by the Committee on Safe Seas
and the Prevention of Pollution from Ships (COSS) created by Article3 of Regulation (EC) No 2099/2002.
2. Where reference is made to this paragraph, Articles 5 and 7 of
Decision 1999/468/EC shall apply, in compliance with Article 8thereof.
The period provided for in Article 5(6) of Decision 1999/468/EC shall
be eight weeks.
3. The committee shall adopt its rules of procedure.
Article 24
Transitionalprovisions
1. Until 1 February 2002 Member States may continue to issue,
recognise and endorse certificates in accordance with the provisionswhich applied before 1 February 1997 in respect of those seafarerswho began approved seagoing service, approved education and trainingprogrammes or approved training courses before 1 August 1998.
2. Until 1 February 2002 Member States may continue to renew and
revalidate certificates and endorsements in accordance with the provi-sions which applied before 1 February 1997.
3. Where pursuant to Article 11 a Member State reissues or extends
the validity of certificates which it originally issued under the provi-sions which applied before 1 February 1997, the Member State may,at its discretion, replace tonnage limitations appearing on the originalcertificates as follows:
1. ‘200 gross registered tonnes’ may be replaced by ‘500 gross
tonnage’;
2. ‘1 600 gross registered tonnes’ may be replaced by ‘3000 gross
tonnage’.
Article 25
Penalties
Member States shall lay down systems of penalties for breaching the
national provisions adopted pursuant to Articles 1, 3, 5, 7, 8, 9, 10,
11, 12, 13, 14, 16, 17, Article 18(3) and (4), Articles 19, 20, 21 and
24, and Annexes I and II, and shall take all the measures necessary toensure that they are inplemented. The penalties provided for must beeffective, proportionate and dissuasive.
Article 26
Communication
Member States shall immediately communicate to the Commission the
texts of all the provisions which they adopt in the field governed by
this Directive. The Commission shall inform the other Member States
thereof.
Article 27
Repeal
1. Directive 94/58/EC, as amended by the directive referred to in
Annex III, Part A, is repealed, without prejudice to the obligations ofthe Member States in concerning the time limits for transposition setout in Annex III, Part B.2001L0025 — EN — 14.12.2003 — 002.001 — 19
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2. References to the repealed Directive shall be construed as refer-
ences to this Directive and shall be read in accordance with thecorrelation table in Annex IV.
Article 28
Entryintoforce
This Directive shall enter into force on the twentieth day following that
of its publication in the Official Journal of the European Communities .
Article 29
Addressees
This Directive is adressed to the Member States.2001L0025 — EN — 14.12.2003 — 002.001 — 20
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ANNEX I
TRAINING REQUIREMENTS OF THE STCW CONVENTION,
REFERREDTOINARTICLE3
CHAPTER I
GENERAL PROVISIONS
1. The Regulations referred to in this Annex are supplemented by the
mandatory provisions contained in Part A of the STCW Code with the
exception of Chapter VIII, Regulation VIII/2.
Any reference to a requirement in a Regulation also constitutes a refer-
ence to the corresponding section of Part A of the STCW Code.
2. Part A of the STCW Code contains standards of competence required to
be demonstrated by candidates for the issue, and revalidation of certifi-
cates of competency under the provisions of the STCW Convention. To
clarify the linkage between the alternative certification provisions of
Chapter VII and the certification provisions of Chapters II, III and IV,
the abilities specified in the standards of competence are grouped as
appropriate under the following seven functions:
1. Navigation
2. Cargo handling and stowage3. Controlling the operation of the ship and care for persons on board4. Marine engineering
5. Electrical, electronic and control engineering
6. Maintenance and repair7. Radiocommunications
at the following levels of responsibility:
1. Management level
2. Operational level3. Support level.
Functions and levels of responsibility are identified by subtitle in the
tables of standards of competence given specified in Chapters II, III
and IV of the Part A of the STCW Code.
CHAPTER II
MASTER AND DECK DEPARTMENT
RegulationII/1
Mandatoryminimumrequirements for certification of officers in charge of
anavigationalwatchonshipsof500grosstonnageormore
1. Every officer in charge of a navigational watch serving on a seagoing
ship of 500 gross tonnage or more shall hold an appropriate certificate.
2. Every candidate for certification shall:2.1. be not less than 18 years of age
2.2. have approved seagoing service of not less than one year as part of an
approved training programme which includes on-board training which
meets the requirements of section A-II/1 of the STCW Code and is
documented in an approved training record book, or otherwise have
approved seagoing service of not less than three years
2.3. have performed, during the required seagoing service, bridge watch-
keeping duties under the supervision of the master or a qualified
officer for a period of not less than six months
2.4. meet the applicable requirements of the regulations in Chapter IV, as
appropriate, for performing designed radio duties in accordance with
the Radio Regulations
2.5. have completed approved education and training and meet the standard
of competence specified in section A-II/1 of the STCW Code.2001L0025 — EN — 14.12.2003 — 002.001 — 21
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RegulationII/2
Mandatory minimum requirements for certification of masters and chief
matesonshipsof500grosstonnageormore
Master and chief mate on ships of 3 000 gross tonnage or more
1. Every master and chief mate on a seagoing shipof 3 000 gross tonnage
or more shall hold an appropriate certificate.
2. Every candidate for certification shall:
2.1. meet the requirements for certification as an officer in charge of a navi-
gational watch on ships of 500 gross tonnage or more and have
approved seagoing service in that capacity:
2.1.1. for certification as chief mate, not less than 12 months, and
2.1.2. for certification as master, not less than 36 months; however, this
period may be reduced to not less than 24 months if not less than 12
months of such seagoing service has been served as chief mate;
2.2. have completed approved education and training and meet the standard
of competence specified in section A-II/2 of the STCW Code for
masters and chief mates on ships of 3000 gross tonnage or more.
Master and chief mate on ships of between 500 and 3 000 gross
tonnage
3. Every master and chief mate on a seagoing shipof between 500 and
3 000 gross tonnage shall hold an appropriate certificate.
4. Every candidate for certification shall:
4.1. for certification as chief mate, meet the requirements of an officer in
charge of a navigational watch on ships of 500 gross tonnage or more
4.2. for certification as master, meet the requirements of an officer in charge
of a navigational watch on ships of 500 gross tonnage or more and have
approved seagoing service of not less than 36 months in that capacity;
however, this period may be reduced to not less than 24 months if not
less than 12 months of such seagoing service has been served as chief
mate;
4.3. have completed approved training and meet the standard of competence
specified in section A-II/2 of the STCW Code for masters and chief
mates on ships of between 500 and 3 000 gross tonnage.
RegulationII/3
Mandatoryminimumrequirements for certification of officers in charge of
anavigationalwatchandofmastersonshipsoflessthan500grosstonnage
Ships not engaged on near-coastal voyages
1. Every officer in charge of a navigational watch serving on a seagoing
shipof less than 500 gross tonnage not engaged on near-coastal
voyages shall hold an appropriate certificate for ships of 500 gross
tonnage or more.
2. Every master serving on a seagoing shipof less than 500 gross tonnage
not engaged on near-coastal voyages shall hold an appropriate certifi-
cate for service as master on ships of between 500 and 3 000 gross
tonnage.
Ships engaged on near-coastal voyages
Officer in charge of a navigational watch3. Every officer in charge of a navigational watch on a seagoing shipof
less than 500 gross tonnage engaged on near-coastal voyages shall
hold an appropriate certificate.
4. Every candidate for certification as officer in charge of a navigational
watch on a seagoing shipof less than 500 gross tonnage engaged on
near-coastal voyages shall:
4.1. be not less than 18 years of age;
4.2. have completed:
4.2.1. special training, including an adequate period of appropriate seagoing
service as required by the Administration, or
4.2.2. approved seagoing service in the deck department of not less than three
years;2001L0025 — EN — 14.12.2003 — 002.001 — 22
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4.3. meet the applicable requirements of the regulations in Chapter IV, as
appropriate, for performing designated radio duties in accordance with
the Radio Regulations;
4.4. have completed approved education and training and meet the standard
of competence specified in section A-II/3 of the STCW Code for offi-
cers in charge of a navigational watch on ships of less than 500 gross
tonnage engaged on near-coastal voyages.
Master
5. Every master serving on a seagoing shipof less than 500 gross tonnage
engaged on near-coastal voyages shall hold an appropriate certificate.
6. Every candidate for certification as master on a seagoing shipof less
than 500 gross tonnage engaged on a near-coastal voyages shall:
6.1. be not less than 20 years of age;
6.2. have approved seagoing service of not less than 12 months as officer in
charge of a navigational watch;
6.3. have completed approved education and training and meet the standard
of competence specified in section A-II/3 of the STCW Code for
masters on ships of less than 500 gross tonnage engaged on near-coastal
voyages.
7. Exemptions
The Administration, if it considers that a ship's size and the conditions
of its voyage are such as to tender the application of the full require-
ments of this regulation and section A-II/3 of the STCW Code
unreasonable or impracticable, may to that extent exempt the master
and the officer in charge of a navigational watch on such a shipor class
of ships from some of the requirements, bearing in mind the safety of
all ships which may be operating in the same waters.
RegulationII/4
Mandatoryminimumrequirementsforcertificationofratingsformingpart
ofanavigationalwatch
1. Every rating forming part of a navigational watch on a seagoing ship of
500 gross tonnage or more, other than ratings under training and ratings
whose duties while on watch are of an unskilled nature, shall be duly
certificated to perform such duties.
2. Every candidate for certification shall:2.1. be not less than 16 years of age;
2.2. have completed:
2.2.1. approved seagoing service including not less than six months training
and experience, or
2.2.2. special training, either pre-sea or on board ship, including an approved
period of seagoing service which shall not be less than two months;
2.3. meet the standard of competence specified in section A-II/4 of the
STCW Code.
3. The seagoing service, training and experience required by subpara-
graphs 2.2.1 and 2.2.2 shall be associated with navigational
watchkeeping functions and involve the performance of duties carried
out under the direct supervision of the master, the officer in charge of
the navigational watch or a qualified rating.
4. Seafarers may be considered by a Member State to have met the
requirements of this regulation if they have served in a relevant capa-
city in the deck department for a period of not less than one year
within the last five preceding the entry into force of the STCW
Convention for that Member State.2001L0025 — EN — 14.12.2003 — 002.001 — 23
▼B
CHAPTER III
ENGINE DEPARTMENT
RegulationIII/1
Mandatoryminimumrequirements for certification of officers in charge of
an engineering watch in a manned engine-room or designated duty engi-
neersinaperiodically unmannedengine-room
1. Every officer in charge of an engineering watch in a manned engine-
room or designated duty engineer officer in a periodically unmanned
engine-room on a seagoing ship powered by main propulsion machinery
of 750 kW propulsion power or more shall hold an appropriate certifi-
cate.
2. Every candidate for certification shall:2.1. be not less than 18 years of age;
2.2. have completed not less than six months seagoing service in the engine
department in accordance with section A-III/1 of the STCW Code;
2.3. have completed approved education and training of at least 30 months
which includes on-board training documented in an approved training
record book and meet the standards of competence specified in section
A-III/1 of the STCW Code.
RegulationIII/2
Mandatory minimum requirements for certification of chief engineer offi-
cers and second engineer officers on ships powered by main propulsion
machineryof3000kWpropulsionpowerormore
1. Every chief engineer officer and second engineer officer on a seagoing
ship powered by main propulsion machinery of 3000 kW propulsion
power or more shall hold an appropriate certificate.
2. Every candidate for certification shall:
2.1. meet the requirements for certification as an officer in charge of an
engineering watch and:
2.1.1. for certification as a second engineer officer, shall have not less than 12
months approved seagoing service as assistant engineer officer or engi-
neer officer, and
2.1.2. for certification as chief engineer officer, shall have not less than 36
months approved seagoing service of which not less than 12 months
shall have been served as an engineer officer in a position of responsi-
bility while qualified to serve as second engineer officer;
2.2. have completed approved education and training and meet the standard
of competence specified in section A-III/2 of the STCW Code.
RegulationIII/3
Mandatory minimum requirements for certification of chief engineer offi-
cers and second engineer officers on ships powered by main propulsion
machineryofbetween750kWand3000kWpropulsionpower
1. Every chief engineer officer and second engineer officer on a seagoing
ship powered by main propulsion machinery of between 750 and 3 000kW propulsion power shall hold an appropriate certificate.
2. Every candidate for certification shall:
2.1. meet the requirements for certification as an officer in charge of an
engineering watch and:
2.1.1. for certification as second engineer officer, shall have not less than 12
months approved seagoing service as assistance engineer officer or
engineer officer, and
2.1.2. for certification as chief engineer officer, shall have not less than 24
months approved seagoing service of which not less than 12 months
shall be served while qualified to serve as second engineer officer;
2.2. have completed approved education and training and meet the standard
of competence specified in section A-III/3 of the STCW Code.2001L0025 — EN — 14.12.2003 — 002.001 — 24
▼B
3. Every engineer officer who is qualified to serve as second engineer
officer on ships powered by main propulsion machinery of 3000 kW
propulsion power or more, may serve as chief engineer officer on ships
powered by main propulsion machinery of less than 3000 kW propul-
sion power, provided that not less than 12 months approved seagoing
service shall have been served as an engineer officer in a position of
responsibility and the certificate is so endorsed.
RegulationIII/4
Mandatoryminimumrequirementsforcertificationofratingsformingpart
of a watch in a manned engine-room or designated to perform duties in a
periodically unmannedengine-room
1. Every rating forming part of an engine-room watch or designated to
perform duties in a periodically unmanned engine-room on a seagoing
ship powered by main propulsion machinery of 750 kW propulsionpower or more, other than ratings under training and ratings whose
duties are of an unskilled nature, shall be duly certificated to perform
such duties.
2. Every candidate for certification shall:
2.1. be not less than 16 years of age;
2.2. have completed:
2.2.1. approved seagoing service including not less than six months training
and experience, or
2.2.2. special training, either pre-sea or on board ship, including an approved
period of seagoing service which shall not be less than two months;
2.3. meet the standard of competence specified in section A-III/4 of the
STCW Code.
3. The seagoing service, training and experience required by subpara-
graphs 2.2.1 and 2.2.2 shall be associated with engine-room
watchkeeping functions and involve the performance of duties carried
out under the direct supervision of a qualified engineer officer or a
qualified rating.
4. Seafarers may be considered by a Member State to have met the
requirements of this regulation if they have served in a relevant capa-
city in the engine department for a period of not less than one year
within the last five years preceding the entry into force of the STCW
Convention for that Member State.
CHAPTER IV
RADIOCOMMUNICATION AND RADIO PERSONNEL
Explanatory noteMandatory provisions relating to radio watchkeeping are set forth in the Radio
Regulations and in the SOLAS Convention, as amended. Provisions for radio
maintenance are set forth in the SOLAS Convention, as amended, and the
guidelines adopted by the International Maritime Organisation.
RegulationIV/1
Application
1. Except as provided in paragraph 3, the provisions of this chapter apply
to radio personnel on ships operating in the global maritime distress and
safety system (GMDSS) as prescribed by the SOLAS Convention, as
amended.
2. Until 1 February 1999, radio personnel on ships complying with the
provisions of the SOLAS Convention, in force immediately prior to 1
February 1992 shall comply with the provisions of the STCW Conven-
tion, in force prior to 1 December 1992.
3. Radio personnel on ships not required to comply with the provisions of
the GMDSS in Chapter IV of the SOLAS Convention are not required
to meet the provisions of this chapter. Radio personnel on these ships
are, nevertheless, required to comply with the Radio Regulations. The
Administration shall ensure that the appropriate certificates as
prescribed by the Radio Regulations are issued to or recognised in
respect of such radio personnel.2001L0025 — EN — 14.12.2003 — 002.001 — 25
▼B
RegulationIV/2
Mandatory minimum requirements for certification of GMDSS radio
personnel
1. Every person in charge of or performing radio duties on a ship required
to participate in the GMDSS shall hold an appropriate certificate related
to the GMDSS, issued or recognised by the Administration under the
provisions of the Radio Regulations.
2. In addition, every candidate for certification under this regulation for
service on a shipwhich is required by the SOLAS Convention, as
amended, to have a radio installation shall:
2.1. be not less than 18 years of age; and
2.2. have completed approved education and training and meet the standard
of competence specified in section A-IV/2 of the STCW Code.
CHAPTER V
SPECIAL TRAINING REQUIREMENTS FOR PERSONNEL ON CERTAIN
TYPES OF SHIPS
RegulationV/1
Mandatory minimum requirements for the training and qualification of
masters,officersandratingsontankers
1. Officers and ratings assigned specific duties and responsibilities relating
to cargo or cargo equipment on tankers shall have completed an
approved shore-based fire-fighting course in addition to the training
required by Regulation VI/1 and shall have completed:
1.1. at least three months of approved seagoing service on tankers in order
to acquire adequate knowledge of safe operational practices; or
1.2. an approved tanker-familiarisation course covering at least the syllabus
given for that course in section A-V/1 of the STCW Code.
However the Administration may accept a period of supervised
seagoing service shorter than that prescribed by subparagraph 1.1,
provided:
1.3. the period so accepted is not less than one month;1.4. the tanker is of less than 3 000 gross tonnage;1.5. the duration of each voyage on which the tanker is engaged during the
period does not exceed 72 hours;
1.6. the operational characteristics of the tanker and the number of voyages
and loading and discharging operations completed during the period
allow the same level of knowledge and experience to be acquired.
2. Masters, chief engineer officers, chief mates, second engineer officers
and any person with immediate responsibility for loading, discharging
and care in transit or handling of cargo shall, in addition to meeting
the requirements of subparagraph 1.1 or 1.2, have:
2.1. experience appropriate to their duties on the type of tanker on which
they serve; and
2.2. completed an approved specialised training programme which at least
covers the subjects set out in section A-V/1 of the STCW Code that
are appropriate to their duties on the oil tanker, chemical tanker or
liquefied gas tanker on which they serve.
3. Within two years after the entry into force of the STCW Convention for
a Member State, seafarers may be considered to have met the require-
ments of subparagraph 2.2 if they have served in a relevant capacity on
board the type of tanker concerned for a period of not less than one
year within the preceding five years.
4. Administrations shall ensure that an appropriate certificate is issued to
masters and officers, who are qualified in accordance with paragraphs 1
or 2 as appropriate, or that an existing certificate is duly endorsed.
Every rating who is so qualified shall be duly certificated.2001L0025 — EN — 14.12.2003 — 002.001 — 26
▼B
RegulationV/2
Mandatory minimum requirements for the training and qualifications of
masters,officers,ratingsandotherpersonnelonro-ropassengerships
1. This Regulation applies to masters, officers, ratings and other personnel
serving on board ro-ro passenger ships engaged on international
voyages. Administrations shall determine the applicability of these
requirements to personnel serving on ro-ro passenger ships engaged on
domestic voyages.
2. Prior to being assigned shipboard duties on board ro-ro passenger ships,
seafarers shall have completed the training required by paragraphs 4 to
8 below in accordance with their capacities, duties and responsibilities.
3. Seafarers who are required to be trained in accordance with paragraphs
4, 7 and 8 below shall at intervals not exceeding five years undertake
appropriate refresher training.
4. Masters, officers and other personnel designated on muster lists to assist
passengers in emergency situations on board ro-ro passenger ships shall
have completed training in crowd management as specified in section
A-V/2, paragraph 1, of the STCW Code.
5. Masters, officers and other personnel assigned specific duties and
responsibilities on board ro-ro passenger ships shall have completed
the familiarisation training specified in section A-V/2, paragraph 2, of
the STCW Code.
6. Personnel providing direct service to passengers in passenger spaces on
board ro-ro passenger ships shall have completed the safety training
specified in section A-V/2, paragraph 3, of the STCW Code.
7. Masters, chief mates, chief engineer officers, second engineer officers
and every person assigned immediate responsibility for embarking and
disembarking passengers, loading, discharging or securing cargo, or
closing hull openings on board ro-ro passenger ships shall have
completed approved training in passenger safety, cargo safety and hull
integrity as specified in section A-V/2, paragraph 4, of the STCW
Code.
8. Masters, chief mates, chief engineer officers, second engineer officers
and any person having responsibility for the safety of passengers in
emergency situations on board ro-ro passenger ships shall have
completed approved training in crisis management and human beha-
viour as specified in section A-V/2, paragraph 5, of the STCW Code.
9. Administrations shall ensure that documentary evidence of the training
which has been completed is issued to every person found qualified
under the provisions of this Regulation.
CHAPTER VI
EMERGENCY, OCCUPATIONAL SAFETY, MEDICAL CARE AND
SURVIVAL FUNCTIONS
RegulationV1/1
Mandatoryminimumrequirementsforfamiliarisation,basicsafetytraining
andinstructionforallseafarers
Seafarers shall receive familiarisation and basic safety training or instruction in
accordance with section A-V1/1 of the STCW Code and shall meet the appro-
priate standard of competence specified therein.
RegulationV1/2
Mandatory minimum requirements for the issue of certificates of profi-
ciencyinsurvivalcraft,rescueboatsandfastrescueboats
1. Every candidate for a certificate of proficiency in survival craft and
rescue boats other than fast rescue boats shall:
1.1. be not less than 18 years of age;
1.2. have approved seagoing service of not less than 12 months or have
attended an approved training course and have approved seagoing
servie of not less than six months;2001L0025 — EN — 14.12.2003 — 002.001 — 27
▼B
1.3. meet the standard of competence for certificates of proficiency in
survival craft and rescue boats set out in section A-V1/2, paragraphs 1
to 4, of the STCW Code.
2. Every candidate for a certificate of proficiency in fast rescue boats
shall:
2.1. be the holder of a certificate of proficiency in survival craft and rescue
boats other than fast rescue boats;
2.2. have attended an approved training course;
2.3. meet the standard of competence for certificates of proficiency in fast
rescue boats set out in section A-VI/2, paragraphs 5 to 8, of the
STCW Code.
RegulationVI/3
Mandatoryminimumrequirementsfortraininginadvancedfire-fighting
1. Seafarers designated to control fire-fighting operations shall have
successfully completed advanced training in techniques for fighting
fire with particular emphasis on organisation, tactics and command in
accordance with the provisions of section A-VI/3 of the STCW Code
and shall meet the standard of competence specified therein.
2. Where training in advanced fire-fighting is not included in the qualifi-
cations for the certificate to be issued, a special certificate or
documentary evidence, as appropriate, shall be issued indicating that
the holder has attended a course of training in advanced fire-fighting.
RegulationVI/4
Mandatoryminimumrequirementsrelatingtomedicalfirstaidandmedical
care
1. Seafarers designated to provide medical first aid on board ship shall
meet the standard of competence in medical first aid specified in
section A-VI/4, paragraphs 1, 2 and 3, of the STCW Code.
2. Seafarers designated to take charge of medical care on board shipshall
meet the standard of competence in medical care on board ships speci-
fied in section A-V1/4, paragraphs 4, 5 and 6, of the STCW Code.
3. Where training in medical first aid or medical care is not included in
the qualifications for the certificate to be issued, a special certificate
or documentary evidence, as appropriate, shall be issued indicating
that the holder has attended a course of training in medical first aid or
in medical care.
CHAPTER VII
ALTERNATIVE CERTIFICATION
RegulationVII/1
Issueofalternative certificates
1. Notwithstanding the requirements for certification laid down in Chap-
ters II and III of this Annex, Member States may elect to issue or
authorise the issue of certificates other than those mentioned in the
regulations of those chapters, provided that:
1.1. the associated functions and levels of responsibility to be stated on the
certificates and in the endorsements are selected from and identical to
those appearing in sections A-II/1, A-II/2, A-II/3, A-II/4, A-III/1, A-
III/2, A-III/3, A-III/4 and A-IV/2 of the STCW Code;
1.2. the candidates have completed approved education and training and
meet the requirements for standards of competence, prescribed in the
relevant sections of the STCW Code and as set forth in section A-VII/
1 of this Code, for the functions and levels that are to be stated on the
certificates and in the endorsements;
1.3. the candidates have completed approved seagoing service appropriate to
the performance of the functions and levels that are to be stated on the
certificate. The minimum duration of seagoing service shall be equiva-
lent to the duration of seagoing service prescribed in Chapters II and III
of this Annex. However, the minimum duration of seagoing service2001L0025 — EN — 14.12.2003 — 002.001 — 28
▼B
shall be not less than as prescribed in section A-VII/2 of the STCW
Code;
1.4. the candidates for certification who are to perform the function of navi-
gation at the operational level shall meet the applicable requirements of
the regulations in Chapter IV, as appropriate, for performing designated
radio duties in accordance with the Radio Regulations;
1.5. the certificates are issued in accordance with the requirements of
Article 11 and the provisions set forth in Chapter VII of the STCW
Code.
2. No certificate shall be issued under this chapter unless the Member
State has communicated the information required by the STCW
Convention to the Commission.
RegulationVII/2
Certificationofseafarers
Every seafarer who performs any function or group of functions specified in
tables, A-II/1, A-II/2, A-II/3 or AII/4 of Chapter II or in tables A-III/1, A-III/2,
A-III/4 of Chapter III or A-IV/2 of Chapter IV of the STCW Code, shall hold an
appropriate certificate.
RegulationVII/3
Principles governingtheissueofalternative certificates
1. A Member State which elects to issue or authorise the issue of alterna-
tive certificates shall ensure that the following principles are observed:
1.1. no alternative certification system shall be implemented unless it
ensures a degree of safety at sea and has a preventive effect as regards
pollution at least equivalent to that provided by the other chapters;
1.2. any arrangement for alternative certification issued under this chapter
shall provide for the interchangeability of certificates with those issued
under the other chapters.
2. The principle of interchangeability in paragraph 1 shall ensure that:
2.1. seafarers certificated under the arrangements of Chapters II and/or III
and those certificated under Chapter VII are able to serve on ships
which have either traditional or other forms of shipboard organisation;
2.2. seafarers are not trained for specific shipboard arrangements in such a
way as would impair their ability to take their skills elsewhere.
3. In issuing any certificate under the provisions of this chapter the
following principles shall be taken into account:
3.1. the issue of alternative certificates shall not be used in itself:
3.1.1. to reduce the number of crew on board,
3.1.2. to lower the integrity of the profession or ‘de-skill’ seafarers, or
3.1.3. to justify the assignment of the combined duties of the engine and
check watchkeeping officers to a single certificate holder during any
particular watch;
3.2. the person in command shall be designated as the master and the legal
position and authority of the master and others shall not be adversely
affected by the implementation of any arrangement for alternative certi-
fication.
4. The principles contained in paragraphs 1 and 2 of this Regulation shall
ensure that the competency of both deck and engineer officers is main-
tained.2001L0025 — EN — 14.12.2003 — 002.001 — 29
▼M2
ANNEX II
CRITERIA FOR THE RECOGNITION OF THIRD COUNTRIES THAT
HAVE ISSUED A CERTIFICATE OR UNDER THE AUTHORITY OF
WHICH WAS ISSUEDA CERTIFICATE,REFERRED TO IN ARTICLE
18(3)(a)
1. The third country must be a Party to the STCW Convention.
2. The third country must have been identified by the Maritime Safety
Committee as having demonstrated that full and complete effect is given
to the provisions of the STCW Convention.
3. The Commission, assisted by the Agency and with the possible involvement
of any Member State concerned, must have confirmed, through all neces-
sary measures, which may include the inspection of facilities and
procedures, that the requirements concerning the standard of competence,
the issue and endorsement of certificates and record keeping are fully
complied with, and that a quality standards system has been established
pursuant to Regulation I/8 of the STCW Convention.
4. The Member State is in the process of agreeing an undertaking with the
third country concerned that prompt notification will be given of any signif-
icant change in the arrangements for training and certification provided in
accordance with the STCW Convention.
5. The Member State has introduced measures to ensure that seafarers who
present for recognition certificates for functions at management level have
an appropriate knowledge of the maritime legislation of the Member State
relevant to the functions they are permitted to perform.
6. If a Member State wishes to supplement assessment of compliance of a
third country by evaluating certain maritime training institutes, it shall
proceed according to the provisions of section A-I/6 of the STCW Code.2001L0025 — EN — 14.12.2003 — 002.001 — 30
▼B
ANNEX III
PART A
RepealedDirective anditsamendment
(referred to by Article 27)
Council Directive 94/58/EC (OJ L 319, 12.12.1994, p. 28)
Council Directive 98/35/EC (OJ L 172, 17.6.1998, p. 1)
PART B
Deadlinesfortranspositionintonationallaw
(referred to by Article 27)
Directive Deadline for transposition
94/58/EC 31 December 1995
98/35/EC 25 May 19992001L0025 — EN — 14.12.2003 — 002.001 — 31
▼B
ANNEX IV
CORRELATIONTABLE
Directive 94/58/EC This Directive
Article 1 Article 2
Article 2 Article 3Article 3 Article 4Article 3a(1), (2) and (3) Article 5(1), (2) and (3)Article 3a(4)(1) Article 5(4)(a)
Article 3a(4)(2) Article 5(4)(b)
Article 3a(5) and (6) Article 5(5) and (6)Article 3a(7)(1), (2) and (3) Article 5(7)(a), (b) and (c)Article 3a(8), (9) and (10) Article 5(8), (9) and (10)Article 4(a) to (z) Article 1(1) to (26)Article 4(aa) Article 1(27)
Article 4(ab) Article 1(28)
Article 4(ac) Article 1(29)Article 4(ad) Article 1(30)Article 4(ae) Article 1(31)Article 5 Article 6Article 5a Article 7
Article 5b(1) and (2) Article 8(1) and (2)
Article 5b(3)(1), (2) and(3) Article 8(3)(a), (b) and (c)Article 5b(4) Article 8(4)Article 5c(1)(1) to (4) Article 9(1)(a) to (d)Article 5c(2)(1), (2) and (3) Article 9(2)(a), (b) and (c)Article 5c(3) Article 9(3)
Article 5d(1) and (2) Article 10(1) and (2)
Article 5d(3)(1) to (5) Article 10(3)(a) to (e)Article 5d(4)(1) and (2) Article 10(4)(a) and(b)Article 5e(1)(1) and (2) Article 11(1)(a) and (b)Article 5e(2) to (5) Article 11(2) to (5)Article 5f(1)(1), (2) and (3) Article 12(1)(a), (b) and (c)
Article 5f(2) Article 12(2)
Article 5g(1)(1)to (5) Article 13(1)(a), (b) and (c)Article 5g(2) Article 13(2)Article 5g(3)(1) Article 13(3)(a)Article 5g(3)(1) 1.1 and 1.2 Article 13(3)(a)(i) and (ii)Article 5g(3)(2) Article 13(3)(b)
Article 5h Article 14
Article 6 Article 15Article 7 Article 16Article 8(1), (2) and (3) Article 17(a), (b) and (c)Article 8(3)(a) to (e) Article 17(c)(i) to (v)Article 8(4), (5) and (6) Article 17(d), (e) and (f)
Article 9 Article 18
Article 10 Article 19Article 10a Article 20Article 11 Article 212001L0025 — EN — 14.12.2003 — 002.001 — 32
▼B
Directive 94/58/EC This Directive
Article 12 Article 22
Article 13 Article 23
Article 13a Article 24
— Article 25(1)
Article 14 Article 26
— Article 27
— Article 28
— Article 29
Annex I Annex I
Annex II Annex II
— Annex III
— Annex IV
(1) Directive 98/35/EC Article 2(3).2001L0025 — EN — 14.12.2003 — 002.001 — 33