2001L0025—EN—29.11.2002—001.001—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
(OJL136,18.5.2001,p.17)
Amendedby:
OfficialJournal
No page date
►M1Directive2002/84/ECoftheEuropeanParliamentandoftheCouncilof
5November2002L324 53 29.11.2002
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DIRECTIVE 2001/25/EC OF THE EUROPEAN PARLIAMENT
ANDOFTHECOUNCIL
of4April2001
ontheminimumlevel oftrainingofseafarers
THEEUROPEANPARLIAMENTANDTHECOUNCILOFTHE
EUROPEANUNION,
HavingregardtotheTreatyestablishingtheEuropeanCommunity,and
inparticularArticle80(2)thereof,
HavingregardtotheproposalfromtheCommission,
Having regard to the opinion of the Economic and Social
Committee(1),
HavingconsultedtheCommitteeoftheRegions,
Acting in accordance with the procedure referred to in Article 251 of
theTreaty(2),
Whereas:
(1)Council Directive 94/58/EC of 22 November 1994 on the
minimumleveloftrainingofseafarers(3)hasbeensubstancially
amended(4). In the interests of clarity and rationality, it should
thereforebeconsolidated.
(2)ActionstobetakenatCommunitylevelinthefieldofmaritimesafety and pollution prevention at sea should be in line withinternationallyagreedrulesandstandards.
(3)In its conclusions of 25 January 1993 on maritime safety andpollution prevention in the Community, the Council noted the
importanceofthehumanelementinthesafeoperationofships.
(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 thequestionofacommonlanguageonboardCommunityvessels.
(5)In its resolution of 24 March 1997(6) on a new strategy to
increasethecompetitivenessofCommunityshippingtheCouncil
soughttopromotetheemployment ofCommunity seafarersandshore-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
Communityseafarersofallranksandofshore-basedpersonnel.
(6)The standards of training for the award of vocational compe-
tency certificates to seafarers vary fromone Mem ber State toanother.SuchadiversityofnationallawsintheareaoftrainingcoveredbythisDirectivedoesnotensuretheconsistentleveloftrainingrequiredintheinterestsofmaritimesafety.
(7)Council Directives 89/48/EEC(7) and 92/51/EEC(8) on the
generalsystemfortherecognitionofprofessionaleducationandtrainingapplytomaritimeoccupationscoveredbythisDirective.2001L0025—EN—29.11.2002—001.001—2
(1) OJC14,16.1.2001,p.41.
(2) EuropeanParliamentopinionof12December2000(notyetpublishedinthe
OfficialJournal)andCouncilDecisionof12March2001.
(3) OJ L 319, 12.12.1994, p. 28. Directive as amended by Directive 98/35/EC
(OJL172,17.6.1998,p.1).
(4) SeeAnnexIII,PartB.
(5) OJC271,7.10.1993,p.1.
(6) OJC109,8.4.1997,p.1.
(7) OJL19,24.1.1989,p.16.
(8) OJ L 209, 24.7.1992, p. 25. Directive as last amended by Commission
Directive2000/5/EC(OJL54,26.2.2000,p.42).
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They will help promote compliance with the obligations laid
down in the Treaty abolishing obstacles to the free movementofpersonsandservicesbetweenMemberStates.
(8)Themutualrecognitionofdiplomasandcertificatesprovidedforunder the general systemDirectives does not always ensure a
standardised level of training for all seafarers serving on board
vesselsflyingtheflagofaMemberState.Thisis,however,vitalfromtheviewpointofmaritimesafety.
(9)Itisthereforeessentialtodefineaminimumleveloftrainingforseafarers 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)ConventiononStandardsofTraining,Certi-
fication and Watch-keeping for Seafarers, 1978 (STCW
Convention), as revised in 1995; all Member States are PartiestothatConvention.
(10)MemberStatesmayestablishstandardshigherthantheminimumstandardslaiddownintheSTCWConventionandthisDirective.
(11)TheRegulationsoftheSTCWConventionsetoutinAnnexIto
this Directive should be supplemented by the mandatory provi-
sions contained in Part A of the STCW Code. Part B of theSTCW Codecontains recommended guidance intended toassistParties to the STCW Convention and those involved in imple-menting, applying or enforcing its measures to give the
Conventionfullandcompleteeffectinuniformmanner.
(12)Fortheenhancementofmaritimesafetyandpollutionprevention
at sea provisions on minimum rest periods for watchkeeping
personnel should be established in this Directive in accordance
withtheSTCWConvention.Thoseprovisionsshouldbeappliedwithout prejudice to the provisions of Council Directive 1999/63/ECof21June1999concerningtheAgreementontheorgani-sation of working time of seafarers concluded by the EuropeanCommunityShipowners'Association(ECSA)andtheFederation
ofTransportWorkers'sUnionsintheEuropeanUnion(FST)(
1).
(13)In order to enhance maritime safety and prevent loss of humanlife and maritime pollution, communication among crew
membersonboardshipssailinginCommunitywatersshouldbeimproved.
(14)Personnel on board passenger ships nominated to assist passen-gers in emergency situations should be able to communicatewiththepassengers.
(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
Article17.
(16)Measuresshouldbetakentoensurethat seafarersholdingcerti-
ficates issued by third countries have a level of competence
commensuratewiththatrequiredbytheSTCWConvention.
(17)In order to attain this objective, common criteria should be
definedfortherecognitionofforeigncertificatesintheCommu-
nity. The establishment of common criteria for the Member
States'recognitionofcertificatesissuedbythirdcountriesshouldbebasedonthetrainingandcertificationrequirementsasagreedintheframeworkoftheSTCWConvention.
(18)Intheinterestsofsafetyatsea,MemberStatesshouldrecognisequalifications proving the required level of training only wheretheseareissuedbyoronbehalfofPartiestotheSTCWConven-tion which have been identified by the IMO Maritime Safety2001L0025—EN—29.11.2002—001.001—3
(1) OJL167,2.7.1999,p.33.
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Committee(MSC)ashavingbeenshowntohavegiven,andstill
tobegiving,fulleffecttothestandardssetoutinthatConven-tion. To bridge the time gap until the MSC has been albe to
carry out such identification, a procedure for the preliminary
recognitionofcertificatesisneeded.
(19)Whereappropriate,maritimeinstitutes,trainingprogrammesand
courses should be inspected. Criteria for such inspection should
thereforebeestablished.
(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
thirdcountries.
(21)Member States, as port authorities, are required to enhancesafetyandpreventionofpollutioninCommunitywatersthrough
priority inspection of vessels flying the flag of a third country
which has not ratified the STCW Convention, thereby ensuringnomorefavourabletreatmenttovesselsflyingtheflagofathirdState.
(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
livingandworkingconditions(portStatecontrol)(
1)inorderto
transfer to that Directive the provisions on port State controlwhichareincludedinArticles17(f),19,20and21ofthisDirec-tive.
(23)ItisnecessarytoprovideforproceduresforadaptingthisDirec-tivetochangesininternationalconventionsandcodes.
(24)ThemeasuresnecessaryfortheimplementationofthisDirective
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 inaccordancewiththeprovisionswhichappliedbefore1February1997,thedateofentryintoforceoftherevisedSTCWConven-tion,providedthatthoseseafarersbegantheirserviceortraining
before1August1998.
(27)ThisDirective shouldbewithoutprejudice tothe obligations of
the Members States concerning the time-limits for transposition
oftheDirectivessetoutinAnnexIII,PartB,
HAVEADOPTEDTHISDIRECTIVE:
Article 1
Definitions
ForthepurposesofthisDirective:
1. ‘master’shallmeanthepersonhavingcommandofaship;2001L0025—EN—29.11.2002—001.001—4
(1) OJL157,7.7.1995,p.1.DirectiveaslastamendedbyCommissionDirec-
tive1999/97/EC(OJL331,23.12.1999,p.67).
(2) OJL184,17.7.1999,p.23.
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2. ‘officer’ shall mean a member of the crew, other than the master,
designatedassuchbynationallaworregulationsor,intheabsenceofsuchdesignation,bycollectiveagreementorcustom;
3. ‘deck officer’ shall mean an officer qualified in accordance with
theprovisionsofChapterIIofAnnexI;
4. ‘chiefmate’shallmeantheofficernextinranktothemasterupon
whomthecommandoftheshipwillfallintheeventoftheincapa-cityofthemaster;
5. ‘engineer officer’ shall mean an officer qualified in accordance
withtheprovisionsofChapterIIIofAnnexI;
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 whomthe responsibilityfor the mechanical propulsion and the operation and maintenanceof the mechanical and electrical installations of the ship will fallintheeventoftheincapacityofthechiefengineerofficer;
8. ‘assistant engineer officer’ shall mean a person under training to
become an engineer officer and designated as such by nationallaworregulations;
9. ‘radiooperator’shallmeanapersonholdinganappropriatecertifi-
cate issued or recognised by the competent authorities under the
provisionsoftheRadioRegulations,asdefinedinpoint18;
10. ‘rating’ shall mean a member of the ship's crew other than the
masteroranofficer;
11. ‘seagoing ship’shall meanashipotherthanthosewhichnavigate
exclusivelyininlandwatersorinwaterswithin,orcloselyadjacentto,shelteredwatersorareaswhereportregulationsapply;
12. ‘ship flying the flag of a Member State’ shall mean a ship regis-
teredinandflyingtheflagofaMemberStateinaccordance withits legislation. Aship notcorresponding to thisdefinition shall beregardedasashipflyingtheflagofathirdcountry;
13. ‘near-coastal voyages’ shall mean voyages in the vicinity of a
MemberStateasdefinedbythatMemberState;
14. ‘propulsionpower’shallmeanthetotalmaximumcontinuousrated
output power in kilowatts of all of a ship's main propulsionmachinery which appears on the ship's certificate of registry orotherofficialdocument;
15. ‘oil-tanker’shallmeanashipconstructedandusedforthecarriage
ofpetroleumandpetroleumproductsinbulk;
16. ‘chemical tanker’ shall mean a ship constructed or adapted and
usedforthecarriageinbulkofanyliquidproductlistedinChapter17 of the International Bulk Chemical Code, in its up-to-dateversion;
17. ‘liquefied-gastanker’shallmeanashipconstructedoradaptedand
usedforthecarriage inbulkofanyliquefied gasorotherproductlisted in Chapter 19 of the International Gas Carrier Code, in itsup-to-dateversion;
18. ‘radio regulations’ shall mean the revised radio regulations,
adopted by the World Administrative Radio Conference for the
MobileServiceintheirup-to-dateversion;
19. ‘passenger ship’ shall mean a seagoing ship which carries more
than12passengers;
20. ‘fishingvessel’shallmeanavesselusedforcatchingfishorother
livingresourcesofthesea;2001L0025—EN—29.11.2002—001.001—5
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21. ‘STCW convention’ shall mean the International Convention on
Standards of Training, Certification and Watchkeeping forSeafarersasitappliestothemattersconcernedtakingintoaccount
thetransitionalprovisionsofArticleVIIandRegulationI/15ofthe
Conventionandincluding,whereappropriate,theapplicableprovi-sionsoftheSTCWcode,allbeingappliedinitsup-to-dateversion;
22. ‘radioduties’shallinclude,asappropriate,watchkeepingandtech-
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-tionalMaritimeOrganisation(IMO),intheirup-to-dateversions;
23. ‘ro-ropassengership’shallmeanapassengershipwithro-rocargo
spaces or special-category spaces as defined in the Solas Conven-tion,initsup-to-dateversion;
24. ‘STCWcode’shallmeantheSeafarers'Training,Certificationand
Watchkeeping (STCW) Code as adopted by Resolution 2 of the1995STCWConferenceofParties,initsup-to-dateversion;
25. ‘function’ shall mean a group of tasks, duties and responsibilities,
asspecifiedintheSTCWcode,necessaryforshipoperation,safetyoflifeatseaorprotectionofthemarineenvironment;
26. ‘company’shallmeantheowneroftheshiporanyotherorganisa-
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
companybytheseregulations;
27. ‘appropriate certificate’ shall mean a certificate issued and
endorsedinaccordancewiththisDirectiveandentitlingthelawful
holder thereof to serve in the capacity and performthe functions
involved at the level of responsibility specified therein on a shipof the type, tonnage, power and means of propulsion concernedwhileengagedontheparticularvoyageconcerned;
28. ‘seagoing service’ shall mean service on board a ship relevant to
theissueofacertificateorotherqualification;
29. ‘approved’shallmeanapprovedbyaMemberStateinaccordance
withthisDirective;
30. ‘third country’ shall mean any country which is not a Member
State;
31. ‘month’ shall mean a calendar month or 30 days made up of
periodsoflessthanonemonth.
Article 2
Scope
This Directive shall apply to the seafarers mentioned in this Directive
servingonboardseagoingshipsflyingtheflagofaMemberStatewiththeexceptionof:
— warships, naval auxiliaries or other ships owned or operated by a
Member State and engaged only on government non-commercialservice,
— fishingvessels,— pleasureyachtsnotengagedintrade,— woodenshipsofprimitivebuild.
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,aslaiddowninAnnexItothisDirective,andholdcertificatesas2001L0025—EN—29.11.2002—001.001—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
thosecrewmembersthatmustbecertifiedinaccordancewithRegula-tion III/10.4 of the SOLAS Convention are trained and certificated inaccordancewiththisDirective.
Article 4
Certificate
A certificate shall be a valid document by whatever name it may be
known,issuedbyorunderthe authority ofthe competent authority ofaMemberState,authorisingtheholdertoserveasstatedinthatdocu-
mentorasauthorisedbynationalregulations.
Article 5
Certificates andendorsements
1. CertificatesshallbeissuedinaccordancewithArticle10.
2. Certificates for masters, officers and radio operators shall be
endorsedbytheMemberStateasprescribedinthisArticle.
3. Certificates shall be in the official language or languages of the
issuingMemberState.
4. Inrespectofradiooperators,MemberStatesmay:
(a) include the additional knowledge required by the relevant regula-
tions in the examination for the issue of a certificate complyingwiththeRadioRegulations;or
(b) issue a separate certificate indicating that the holder has the addi-
tionalknowledgerequiredbytherelevantregulations.
5. AtthediscretionofaMemberStateendorsementsmaybeincor-
poratedintheformatofthecertificatesbeingissuedasprovidedforinsectionA-I/2oftheSTCWcode.Ifsoincorporatedtheformusedshallbe that set out in section A-I/2, paragraph 1. If issued otherwise, the
formofendorsementsusedshallbethatsetoutinparagraph2ofthat
section.
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 formof the endorsem ent used shall be that
setoutinparagraph32ofsectionA-I/2oftheSTCWCode.
7. Theendorsementsreferredtoinparagraphs5and6:
(a) maybeissuedasseparatedocuments;
(b) shall each beassigneda unique number,except that endorsements
attesting the issue of a certificate may be assigned the samenumber as the certificate concerned, provided that that number is
unique;and
(c) shall each expire as soon as the certificate endorsed expires or is
withdrawn, suspended or cancelled by the Member State or third
countrywhichissueditand,inanycase,withinfiveyearsoftheirdateofissue.
8. Thecapacity inwhichthe holderofacertificate isauthorised to
serveshallbeidentified intheformofendorsement intermsidenticalto those used in the applicable safe-manning requirements of theMemberStateconcerned.
9. AMemberStatemayuseaformatdifferentfromtheformatlaid
down in section A-I/2 of the STWC code, provided that, as aminimum, the required information is provided in roman charactersand Arabic figures, taking account of the variations permitted undersectionA-I/2.2001L0025—EN—29.11.2002—001.001—7
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10. SubjecttoArticle18(4)anycertificaterequiredbythisDirective
mustbekeptavailableinitsoriginalformonboardtheshiponwhichtheholderisserving.
Article 6
Trainingrequirements
ThetrainingrequiredbyArticle3shallbeinaformappropriatetothe
theoreticalknowledgeandpracticalskillsrequiredbyAnnexI,inparti-culartheuseoflifesavingandfirefightingequiment,andapprovedbythecompetentauthorityorbodydesignatedbyeachMemberState.
Article 7
Principles governingnear-coastal voyages
1. When defining near-coastal voyages Member States shall not
impose training, experience or certification requirements on seafarers
servingonboardshipsentitledtoflytheflagofanotherMemberStateor another Party to the STCW Convention and engaged on suchvoyagesinamannerresultinginmorestringentrequirements forsuchseafarers than for seafarers serving on board ships entitled fo fly its
own flag. In no case shall a Member State impose requirements in
respect of seafarers serving on board ships flying the flag of anotherMember State orof another Party to the STCW Convention inexcessof those of this Directive in respect of ships not engaged on near-coastalvoyages.
2. With respect to ships entitled to fly the flag of a Member State
regularly engaged on near-coastal voyages off the coast of another
Member State or of another Party to the STCW Convention, theMemberStatetheflagofwhichashipisentitledfoflyshallprescribetraining,experienceandcertificationrequirementsforseafarersservingonsuchshipsatleastequaltothoseoftheMemberStateorthePartyto the STCW Convention off the coast of which the ship is engaged,
provided that theydonotexceed therequirements ofthisDirective in
respectofshipsnotengagedonnear-coastalvoyages.Seafarersservingonashipwhichextends itsvoyage beyondwhatisdefined asanear-coastal voyage by a Member State and enters waters not covered bythat definition shall fulfil the appropriate requirements of this Direc-
tive.
3. AMemberStatemayaffordashipwhichisentitledtoflyitsflag
the benefits of the near-coastal voyage provisions of this Directivewhen it is regularly engaged off the coast of a non-Party to theSTCWConventiononnear-coastalvoyagesasdefinedbythatMemberState.
4. Upon deciding on the definition of near-coastal voyages and the
conditions of education and training required thereof in accordancewith the requirements of paragraphs 1, 2 and 3, Member States shallcommunicate to the Commission the details of the provisions theyhaveadopted.
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 theirperformance of duties relating to their certificates and for the with-
drawal,suspensionandcancellation ofsuchcertificates forsuchcause
andforthepreventionoffraud.
2. Each Member State shall prescribe penalties or disciplinary
measures for cases in which the provisions of this national legislationgivingeffecttothisDirectivearenotcompliedwithinrespectofshipsentitledtoflyitsflagorofseafarersdulycertificatedbyit.2001L0025—EN—29.11.2002—001.001—8
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3. In particular, such penalties or disciplinary measures shall be
prescribedandenforcedincasesinwhich:
(a) acompanyoramasterhasengagedapersonnotholdingacertifi-
cateasrequiredbythisDirective;
(b) amasterhasallowedanyfunctionorserviceinanycapacitywhich
under this Directive must be performed by a person holding an
appropriatecertificatetobeperformedbyapersonnotholdingthe
requiredcertificate,avaliddispensationorhavingthedocumentaryproofrequiredbyArticle18(4);or
(c) apersonhasobtainedbyfraudorforgeddocumentsanengagement
toperformanyfunction orserveinanycapacity whichunderthisDirectivemustbeperformedorfilledbyapersonholdingacertifi-cateordispensation.
4. Member States within the jurisdiction of which any company
which or any person who is believed on clear grounds to have been
responsible foror to have knowledge ofany apparent non-compliancewith this Directive specified in paragraph 3 is located shall extendcooperationtoanyMemberStateorotherPartytotheSTCWConven-tionwhichadvisesthemofitsintentiontoinitiateproceedingsunderitsjurisdiction.
Article 9
Qualitystandards
1. EachMemberStateshallensurethat:
(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 systemto ensure the achievem ent of
defined objectives, including those concerning the qualificationsandexperienceofinstructorsandaccessors;
(b) where governmental agencies or entities perform such activities,
thereisaquality-standardssystem;
(c) the education and training objectives and related standards of
competence to be achieved are clearly defined and identify the
levels of knowledge, understanding and skills appropriate to the
examinations and assessments required under the STCW Conven-tion.Theobjectivesandrelatedqualitystandardsmaybespecifiedseparately fordifferent coursesandtraining programmes andshallcovertheadministrationofthecertificationsystem;
(d) thefieldsofapplicationofthequalitystandardscovertheadminis-
tration of the certification systems, all training courses andprogrammes,examinationsandassessmentscarriedoutbyorunder
the authority of each Member State and the qualifications and
experience 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 and
assessment activities, and of the administration of the certificationsystem,areconductedatintervalsofnotmorethanfiveyearsbyquali-fied persons who are not themselves involved in the activitiesconcernedinordertoverifythat:
(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 ofthedefinedobjectives;
(b) the results of each independent evaluation are documented and
broughttotheattentionofthoseresponsiblefortheareaevaluated;
(c) timelyactionistakentocorrectdeficiencies.2001L0025—EN—29.11.2002—001.001—9
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3. Areportrelating toeachevaluation carriedoutpursuanttopara-
graph2shallbecommunicated bytheMemberStateconcernedtotheCommissionwithinsixmonthsofthedateoftheevaluation.
Article 10
Medical standards—Issueandregistrationofcertificates
1. Member States shall establish standards of medical fitness for
seafarers,particularlyregardingeyesightandhearing.
2. Member States shall ensure that certificates are issued only to
candidateswhocomplywiththerequirementsofthisArticle.
3. Eachcandidateforcertificationshallprovidesatisfactoryproof:
(a) ofhisidentity;
(b) that his age is not less than that prescribed in the Regulations in
AnnexIrelevanttothecertificateappliedfor;
(c) that he meets the standards of medical fitness, particularly
regarding eyesight and hearing, established by the Member State
andholdsavaliddocument attesting tohismedical fitness,issuedbyadulyqualifiedmedicialpractitionerrecognisedbythecompe-tentauthorityoftheMemberState;
(d) ofhavingcompleted theseagoingserviceandanyrelated compul-
sory training prescribed in the Regulations in Annex I for the
certificateappliedfor;
(e) thathemeetsthestandardsofcompetence prescribedintheRegu-
lationsinAnnexIforthecapacities,functionsandlevelsthataretobeidentifiedintheendorsementtothecertificate.
4. EachMemberStateshallundertake:
(a) to maintain a register or registers of all certificates and endorse-
ments for masters and officers and, as appropriate, ratings, whichare issued, have expired or have been revalidated, suspended,
cancelledorreportedlostordestroyedandofdispensationsissued;
(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 requestverificationoftheauthenticityandvalidityofcertificatesproducedto themby seafarers seeking recognition of their certificates or
employmentonboardship.
Article 11
Revalidationofcertificates
1. Every master, officer and radio operator holding a certificate
issuedorrecognised underanychapter ofAnnexIotherthanChapterVI who is serving at sea or intends to return to sea after a period
ashore shall, in order to continue to qualify for seagoing service, be
requiredatintervalsnotexceedingfiveyears;
(a) to meet the standards of medical fitness prescribed by Article 10;
and
(b) toestablish continued professional competence inaccordance with
sectionA-I/11oftheSTCWCode.
2. Every master, officer and radio operator shall, for continuing
seagoingserviceonboardshipsforwhichspecialtrainingrequirements
havebeeninternationallyagreedupon,successfullycompleteapprovedrelevanttraining.
3. Each Member State shall compare the standards of competence
whichisrequiredofcandidatesforcertificatesissuedbefore1February2002withthosespecifiedfortheappropriatecertificateinPartAoftheSTCW Code, and shall determine the need to require the holders ofsuchcertificatestoundergoappropriaterefresherandupdatingtrainingorassessment.2001L0025—EN—29.11.2002—001.001—10
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Refresherandupdatingcoursesshallbeapprovedandincludechanges
inrelevant nationalandinternational regulations concerning thesafetyof life at sea and the protection of the marine environment and take
accountofanyupdatingofthestandardofcompetencyconcerned.
4. Each Member State shall, in consultation with those concerned,
formulate or promote the formulation of a structure of refresher andupdatingcoursesasprovidedforinsectionA-I/11oftheSTCWCode.
5. For the purpose of updating the knowledge of masters, officers
and radio operators, each Member State shall ensure that the texts ofrecentchangesinnationalandinternational regulationsconcerningthesafety of life at sea and the protection of the marine environment are
madeavailabletoshipsentitledtoflyitsflag.
Article 12
Useofsimulators
1. Theperformancestandardsandotherprovisionssetoutinsection
A-I/12 of the STCW code and such other requirements as areprescribed in Part Aof the STCW Code for any certificate concernedshallbecompliedwithinrespectof:
(a) allmandatorysimulator-basedtraining;
(b) any assessment of competence required by Part A of the STCW
Codewhichiscarriedoutbymeansofasimulator
(c) any demonstration, by means of a simulator, of continued profi-
ciencyrequiredbyPartAoftheSTCWCode.
2. Simulators installed or brought into use before 1 February 2002
maybeexemptedfromfullcompliancewiththeperformancestandardsreferredtoinparagraph1atthediscretionofeachmemberState.
Article 13
Responsibilitiesofcompanies
1. Inaccordancewithparagraphs2and3MemberStatesshallhold
companies responsible for the assignment of seafarers for service in
their ships in accordance with this Directive, and shall require every
companytoensurethat:
(a) eachseafarerassignedtoanyofitsshipsholdsanappropriatecerti-
ficate in accordance which the provisions of this Directive and as
establishedbytheMemberState;
(b) its ships are manned in accordance with the applicable safe-
manningrequirementsoftheMemberState;
(c) documentation and data relevant to all seafarers employed on its
ships are maintained and readily accessible, and include, without
being limited to, documentation and data on their experience,training,medicalfitnessandcompetenceinassignedduties;
(d) onbeingassignedtoanyofitsshipsseafarersarefamiliarisedwith
their specific duties and with all ship arrangements, installations,equipment,procedures,andshipcharacteristics thatarerelevant totheirroutineoremergencyduties;
(e) the ship'scomplement can effectivley coordinate their activities in
an emergency situation and inperforming functions vital tosafetyortothepreventionormitigationofpollution.
2. Companies,mastersandcrewmembersshalleachhaveresponsi-
bility forensuringthat theobligations setoutinthisArticle aregivenfullandcompleteeffectandthatsuchothermeasuresasmaybeneces-sary are taken to ensure that each crew member can make aknowledgeable and informed contribution to the safe operation of the
ship.
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 are2001L0025—EN—29.11.2002—001.001—11
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newly employed onboardthe shipare given a reasonable opportunity
tobecomefamiliarwiththeshipboardequipment,operatingproceduresand other arrangements needed for the proper performance of their
duties,beforebeing assignedtothoseduties.Suchpoliciesandproce-
duresshallinclude:
(a) the allocation of a reasonable period of time during which each
newly employed seafarer will have an opportunity to become
acquaintedwith:
(i) the specific equipmentthe seafarer will beusingor operating;
and
(ii) ship-specific watchkeeping, safety, environmental protection
andemergencyproceduresandarrangementstheseafarerneedstoknowtoperformtheassigneddutiesproperly;
(b) the designation of a knowledgeable crew member who will be
responsibleforensuringthateachnewlyemployedseafarerisgivenan opportunity to receive essential information in a language theseafarerunderstands.
Article 14
Fitnessforduty
1. ForthepurposeofpreventingfatigueMemberStatesshallestab-
lish and enforce rest periods for watchkeeping personnel and requirethatwatchsystemsaresoarrangedthattheefficiencyofwatchkeeping
personnel is not impaired by fatigue and that duties are so organised
that the first watch at the start of a voyage and subsequent relievingwatchesaresufficientlyrestedandotherwisefitforduty.
2. Allpersonswhoareassigneddutyasofficerinchargeofawatch
orasaratingformingpartofawatchshallbeallowedatleast10hours
ofrestinany24-hourperiod.
3. Thehoursofrestmaybedividedintonomorethantwoperiods,
oneofwhichshallbeatleastsixhourslong.
4. Therequirementsforrestperiodslaiddowninparagraphs1and2
need not be maintained in the event of an emergency or drill or inotheroverridingoperationalconditions.
5. Notwithstanding paragraphs 2 and 3, the minimum period of 10
hours may be reduced to not less than sixconsecutive hoursprovided
that no such reduction shall extend beyond two days and at least 70
hoursofrestareprovidedeachseven-dayperiod.
6. MemberStatesshallrequirethatwatchschedulesbepostedwhere
theyareeasilyaccessible.
Article 15
Dispensation
1. In circumstances of exceptional necessity, competent authorities
may,ifintheiropinionthisdoesnotcausedangertopersons,properly
or the environment, issue a dispensation permitting a specified period
not exceeding six months in a capacity, other than that of the radiooperator, except as provided by the relevant Radio Regulations, forwhich he does not hold the appropriate certificate, provided that thepersontowhomthedispensationisissuedshallbeadequatelyqualifiedtofillthevacantpostinasafemannertothesatisfactionofthecompe-
tent authorities. However, dispensations shall not be granted to a
master or chief engineer officer, except the circumstances of force
majeureandthenonlyfortheshortestpossibleperiod.
2. Any dispensation granted for a post shall be granted only to a
personproperly certificated tofill the post immediately below. Where
certification of the post below is not required, a dispensation may beissued to a person whose qualification and experience are, in theopinion of the competent authorities, of a clear equivalence to therequirements for the post to be filled, provided that, if such a personholds no appropriate certificate, he or she shall be required to pass a2001L0025—EN—29.11.2002—001.001—12
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testacceptedbythecompetentauthoritiesasdemonstratingthatsucha
dispensation may safely be issued. In addition, competent authoritesshall safely be issued. In addition, competent authorities shall ensure
thatthepostinquestionisfilledbytheholderofanappropriatecerti-
ficateassoonaspossible.
Article 16
Responsibilities of Member States with regard to training and
assessment
1. Member States shall designate the authorities or bodies which
shall:
— givethetrainingreferredtoinArticle3,
— organiseand/orsupervisetheexaminationswhererequired,— issuethecertificatesofcompetencereferredtoinArticle10,and— grantthedispensationsprovidedforinArticle15.
2. MemberStatesshallensurethat:
(a) alltrainingandassessmentofseafarersis:
1. structuredinaccordancewiththewrittenprogrammes,including
such methods and media of delivery, procedures and coursematerial as are necessary to achieve the prescribed standard ofcompetence;and
2. conducted,monitored,evaluatedandsupportedbypersonsquali-
fiedinaccordancewithparagraphs(d),(e)and(f);
(b) personsconductingin-servicetrainingorassessmentonboardship
do so only when such training or assessment will not adverselyaffectthenormaloperationoftheshipandtheycandedicate their
timeandattentiontotrainingorassessment;
(c) instructors,supervisorsandassessorsareappropriatelyqualifiedfor
theparticulartypesandlevelsoftrainingorassessmentofcompe-tenceofseafarerseitheronboardorashore;
(d) any person conducting in-service training of a seafarer, either on
board or ashore, which is intended to be used in qualifying forcertificationunderthisDirective:
1. has an appreciation of the training programme and an under-
standing of the specific training objectives for the particulartypeoftrainingbeingconducted,
2. is qualified in the task for which training is being conducted,
and
3. ifconductingtrainingusingasimulator:
(i) hasreceivedappropriateguidanceininstructionaltechniques
involvingtheuseofsimulators;and
(ii) hasgainedpracticaloperationalexperienceontheparticular
typeofsimulatorbeingused;
(e) anypersonresponsibleforthesupervisionofthein-servicetraining
ofaseafarerintendedtobeusedinqualifyingforcertification has
a full understanding of the training programme and the specific
objectivesforeachtypeoftrainingbeingconducted;
(f) anypersonconducting in-service assessmentofthe competence of
aseafarer,eitheronboardorashore,whichisintendedtobeusedinqualifyingforcertification:
1. hasanappropriatelevelofknowledgeandunderstandingofthe
competencetobeassessed;
2. isqualifiedinthetaskforwhichtheassessmentisbeingmade;3. has received appropriate guidance in assessment methods and
practice;
4. hasgainedpracticalassessmentexperience;and
5. if conducting assessment involving the use of simulators, has
gainedpractical assessmentexperience ontheparticulartypeof2001L0025—EN—29.11.2002—001.001—13
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simulator under the supervision and to the satisfaction of an
experiencedassessor;
(g) when a Member State recognises a course of training, a training
institution, or a qualification granted by a training institution, as
partofitsrequirements fortheissueofacertificate, thequalifica-tionsandexperienceofinstructorsandassessorsarecoveredintheapplication of the quality standard provisions of Article 9. Suchqualification, experience and application of quality standards shallincorporate appropriate training in instructional techniques and
training andassessment methodsandpractice andcomply withall
applicablerequirementsofparagraphs(d),(e)and(f).
Article 17
On-boardcommunication
MemberStatesshallensurethat:
(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 place
for effective oral communication relating to safety between allmembersoftheship'screw,particularly withregardtothecorrectand timely reception and understanding of messages and instruc-tions;
(b) onboardallpassengershipsflyingtheflagofaMemberStateand
onboardallpassengershipsstartingand/orfinishingavoyageina
Member State port, in order to ensure effective crew performancein safety matters, a working language is established and recordedintheship'slog-book.
The company or the master, as appropriate, shall determine the
appropriate working language. Each seafarer shall be required to
understand and, where appropriate, give orders and instructions
andreportbackinthatlanguage.
IftheworkinglanguageisnotanofficiallanguageoftheMember
State, all plans and lists that must be posted shall include transla-tionsintotheworkinglanguage;
(c) on board passenger ships, personnel nominated on muster lists to
assist passengers in emergency situations are readily identifiable
andhavecommunication skillsthataresufficientforthat purpose,
taking into account an appropriate and adequate combination ofanyofthefollowingfactors:
(i) the language orlanguages appropriate to the principal nation-
alitiesofpassengerscarriedonaparticularroute;
(ii) the likelihood that an ability to use elementary English voca-
bulary for basic instructions can provide a means ofcommunicatingwithapassengerinneedofassistancewhetheror 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, orcallingattentiontothelocationofinstructions,musterstations,
life-savingdevicesorevacuationroutes)whenverbalcommu-
nicationisimpractical;
(iv) the extent to which complete safety instructions have been
providedtopassengersintheirnativelanguageorlanguages;
(v) the languages in which emergency announcements may be
broadcast during an emergency or drill to convey criticalguidance to passengers and to facilitate crew members inassistingpassengers;
(d) on board oil tankers, chemical tankers and liquefield gas tankers
flying the flag of a Member State, the master, officers and rating
are able to communicate with each other in (a) common workinglanguage(s);
(e) thereareadequatemeansforcommunication betweentheshipand
theshore-basedauthorities, eitherinacommonlanguage orinthelanguageofthoseauthorities;2001L0025—EN—29.11.2002—001.001—14
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(f) when carrying out port State control under Directive 95/21/EC,
MemberStatesalsocheckthatshipsflyingtheflagofaStateotherthanaMemberStatecomplywiththisArticle.
Article 18
Recognitionofcertificates
1. Mutual recognition among MemberStatesofcertificates 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 MemberStatesofcertificates 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/EEC
and92/51/EEC.
3. SeafarerswhodonotpossessthecertificatesreferredtoinArticle
4maybeallowedtoserveonshipsflyingtheflagofaMemberState,
provided a decision onthe recognition of their appropriate certificateshasbeenadoptedthroughtheproceduresetoutbelow:
(a) whenrecognising,byendorsement,anappropriatecertificateissued
by a third country, the Member State shall proceed in accordancewiththeproceduresandcriteriasetoutinAnnexII;
(b) MemberStatesshallnotifytheCommission,whichshallinformthe
other Member States, of the appropriate certificates they have
recognised or intend to recognise in accordance with the criteria
referredtoinpoint(a);
(c) ifwithinthreemonthsofMemberStateshavingbeeninformedby
theCommissioninaccordancewithpoint(b)anobjectionisraisedbya MemberState orthe Commission onthe basisofthe criteriareferredtoinpoint(a),theCommissionshallsubjectthematterto
the procedure referred to in Article 23(2). The Member State
concerned shall take appropriate measures to implement the deci-sionstakeninaccordancewiththeprocedurereferredtoinArticle23(2);
(d) whenan appropriate certificate issued bya third country hasbeen
recognisedundertheaboveprocedure,andif,afterthecompletion
of its evaluation the MSC has not been able to identify the thirdcountry as having demonstrated that full and complete effect isgiventotheprovisionsoftheSTCWConvention,theCommissionshallsubjectthemattertotheprocedurereferredtoinArticle23(2)inordertoreassesstherecognitionofthecertificatesissuedbythat
country. The Member State concerned shall take appropriate
measures toimplement the decisions taken inaccordance with theprocedurereferredtoinArticle23(2);
(e) theCommissionshalldrawupandupdatealistoftheappropriate
certificates that have been recognised under the above procedure.
Thelistshallbepublishedinthe Official Journal of the European
Communities,CSeries.
4. Notwithstanding Article 5(6), a Member State may, if circum-
stances require, allow a seafarer to serve in a capacity other than
radioofficerorradiooperator,exceptasprovidedbytheRadioRegu-lations,foraperiodnotexceedingthreemonthsonboardashipflyingits flag, while holding an appropriate and valid certificate issued andendorsedasrequiredbyathirdcountry,butnotyetendorsedforrecog-
nitionbytheMemberStateconcernedsoastorenderitappropriatefor
serviceonboardashipflyingitsflag.Documentaryproofshallbekeptreadily available that application for an endorsement has beensubmittedtothecompetentauthorities.
Article 19
Port Statecontrol
1. Irrespective of the flag it flies each ship, with the exception of
thosetypesofshipsexcluded byArticle2,shall,whileintheportsof2001L0025—EN—29.11.2002—001.001—15
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a Member State, be subject to port State control by officers duly
authorisedbythatMemberStatetoverifythatallseafarersservingonboardwhoarerequiredtobecertificatedbytheSTCWConventionare
socertificatedorholdappropriatedispensations.
2. WhenexercisingportStatecontrolunderthisDirective, Member
States shall ensure that all relevant provisions and procedures laid
downinDirective95/21/ECareapplied.
Article 20
PortStatecontrolprocedures
1. Without prejudice to Directive 95/21/EC, port State control
pursuanttoArticle19shallbelimitedtothefollowing:
— verificationthateveryseafarerservingonboardwhomustbecerti-
ficated in accordance with the STCW Convention holds anappropriatecertificateoravaliddispensationorprovidesdocumen-tary proof that an application for an endorsement attestingrecognitionhasbeensubmittedtotheauthoritiesoftheflagState,
— verification that the numbers and certificates of the seafarers
servingonboardare in accordance with the safe-manning require-mentsoftheauthoritiesoftheflagState.
2. Theabilityoftheship'sseafarerstomaintainwatchkeepingstan-
dards as required by the STCW Convention shall be assessed inaccordance with Part Aof the STCW Code if there are clear groundsforbelievingthatsuchstandardsarenotbeingmaintainedbecauseanyofthefollowinghasoccurred:
— theshiphasbeeninvolvedinacollision,groundingorstranding,
— therehasbeenadischargeofsubstancesfromtheshipwhenunder
way, at anchor or at berth which is illegal under any internationalconvention,
— the ship has been manoeuvred in an erratic or unsafe manner
whereby routing measures adopted by the IMO,or safe navigationpracticesandprocedureshavenotbeenfollowed,
— theshipisotherwisebeingoperatedinsuchamannerastoposea
dangertopersons,propertyortheenvironment,
— acertificatehasbeenfraudulentlyobtainedortheholderofacerti-
ficate is not the person to whomthat certificate was originallyissued,
— the ship is flying the flag of a country which has not ratified the
STCW Convention, or has a master, officer or rating holding acertificate issued by a third country which has not ratified theSTCWConvention.
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-
gencysituationswithintheseafarer'slevelofcompetence.
Article 21
Detention
WithoutprejudicetoDirective95/21/EC,thefollowingdeficiencies,in
so far as it has been determined by the officer carrying out the port
Statecontrolthattheyposeadangertopersons,propertyortheenvir-onment, shall be the only grounds under this Directive on which aMemberStatemaydetainaship:
(a) failure ofseafarers tohold certificates, tohave appropriate certifi-
cates, to have valid dispensations or provide documentary proofthat an application for an endorsement attesting recognition hasbeensubmittedtotheauthoritiesoftheflagState,
(b) failuretocomplywiththeapplicablesafe-manningrequirementsof
theflagState,2001L0025—EN—29.11.2002—001.001—16
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(c) failure of navigational or engineering-watch arrangements to
conformtotherequirementsspecifiedfortheshipbytheflagState,
(d) absence in a watch of a person qualified to operate equipment
essential to safe navigation, safety radiocommunications or the
preventionofmarinepollution,
(e) failure to provide proof of professional proficiency for the duties
assigned to seafarers for the safety of the ship and the prevention
ofpollution,
(f) inability to provide for the first watch at the commencement of a
voyageandforsubsequentrelievingwatchespersonswhoaresuffi-cientlyrestedandotherwisefitforduty.
Article 22
Amendment
1. ThisDirectivemaybeamendedinaccordancewiththeprocedure
referred toin Article 23(2),in order toapply, forthe purposesofthis
Directive,subsequentamendmentstotheinternationalcodesreferredto
in Article 1(16), (17), (18), (23) and (24) which have entered intoforce.
2. TheCouncilshalldecide,inaccordancewiththeconditionsofthe
Treaty, on any amendment of Annex II, acting on a proposal to be
submitted by the Commission within five years of 25 May 2003 inthelightoftheexperiencegainedinapplyingthisDirective.
3. Following the adoption of new instruments or protocols to the
STCW Convention, the Council, acting on a proposal fromthe
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-mentsorprotocols,whileensuringthattheyareapplieduniformlyand
simultaneouslyintheMemberStates.
4. The amendments to the international instruments referred to in
Article 1 may be excluded from the scope of this Directive, pursuanttoArticle5ofRegulation(EC)No2099/2002oftheEuropeanParlia-mentandoftheCouncilof5November2002establishingaCommitteeonSafeSeasandthePreventionofPollutionfromShips(COSS)(
1).
Article 23
Committeeprocedure
1. TheCommissionshallbeassistedbytheCommitteeonSafeSeas
andthePrevention ofPollutionfromShips(COSS)created byArticle3ofRegulation(EC)No2099/2002.
2. Where reference is made to this paragraph, Articles 5 and 7 of
Decision 1999/468/EC shall apply, in compliance with Article 8
thereof.
TheperiodprovidedforinArticle5(6)ofDecision1999/468/ECshall
beeightweeks.
3. Thecommitteeshalladoptitsrulesofprocedure.
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 seafarers2001L0025—EN—29.11.2002—001.001—17
(1) OJL324,29.11.2002,p.1.▼M1
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whobeganapprovedseagoingservice,approvededucationandtraining
programmesorapprovedtrainingcoursesbefore1August1998.
2. Until1February2002MemberStatesmaycontinuetorenewand
revalidate certificates and endorsements in accordance with the provi-
sionswhichappliedbefore1February1997.
3. WherepursuanttoArticle11aMemberStatereissuesorextends
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 originalcertificatesasfollows:
1. ‘200 gross registered tonnes’ may be replaced by ‘500 gross
tonnage’;
2. ‘1600 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,andAnnexesIandII,andshalltakeallthemeasuresnecessaryto
ensure that they are inplemented. The penalties provided for must beeffective,proportionateanddissuasive.
Article 26
Communication
MemberStatesshallimmediately communicate totheCommissionthe
texts of all the provisions which they adopt in the field governed bythis Directive. The Commission shall inform the other Member Statesthereof.
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 of
the Member States in concerning the time limits for transposition set
outinAnnexIII,PartB.
2. References to the repealed Directive shall be construed as refer-
ences to this Directive and shall be read in accordance with thecorrelationtableinAnnexIV.
Article 28
Entryintoforce
ThisDirectiveshallenterintoforceonthetwentiethdayfollowingthat
ofitspublicationinthe Official Journal of the European Communities .
Article 29
Addressees
ThisDirectiveisadressedtotheMemberStates.2001L0025—EN—29.11.2002—001.001—18
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ANNEX I
TRAINING REQUIREMENTS OF THE STCW CONVENTION,
REFERREDTOINARTICLE3
CHAPTER I
GENERALPROVISIONS
1. The Regulations referred to in this Annex are supplemented by the
mandatoryprovisionscontainedinPartAoftheSTCWCodewiththe
exceptionofChapterVIII,RegulationVIII/2.
AnyreferencetoarequirementinaRegulationalsoconstitutesarefer-
encetothecorrespondingsectionofPartAoftheSTCWCode.
2. PartAoftheSTCWCodecontainsstandardsofcompetencerequiredto
bedemonstratedbycandidatesfortheissue,andrevalidationofcertifi-
catesofcompetencyundertheprovisionsoftheSTCWConvention.To
clarify the linkage between the alternative certification provisions of
Chapter VIIandthecertification provisionsofChaptersII,IIIandIV,
the abilities specified in the standards of competence are grouped as
appropriateunderthefollowingsevenfunctions:
1. Navigation
2. Cargohandlingandstowage3. Controllingtheoperationoftheshipandcareforpersonsonboard4. Marineengineering
5. Electrical,electronicandcontrolengineering
6. Maintenanceandrepair7. Radiocommunications
atthefollowinglevelsofresponsibility:
1. Managementlevel
2. Operationallevel3. Supportlevel.
Functions and levels of responsibility are identified by subtitle in the
tables of standards of competence given specified in Chapters II, III
andIVofthePartAoftheSTCWCode.
CHAPTER II
MASTERANDDECKDEPARTMENT
RegulationII/1
Mandatoryminimumrequirements for certification of officers in charge of
anavigationalwatchonshipsof500grosstonnageormore
1. Every officer in charge of a navigational watch serving on a seagoing
shipof500grosstonnageormoreshallholdanappropriatecertificate.
2. Everycandidateforcertificationshall:2.1. benotlessthan18yearsofage
2.2. haveapprovedseagoingserviceofnotlessthanoneyearaspartofan
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
approvedseagoingserviceofnotlessthanthreeyears
2.3. have performed, during the required seagoing service, bridge watch-
keeping duties under the supervision of the master or a qualified
officerforaperiodofnotlessthansixmonths
2.4. meet the applicable requirements of the regulations in Chapter IV, as
appropriate, for performing designed radio duties in accordance with
theRadioRegulations
2.5. havecompletedapprovededucationandtrainingandmeetthestandard
ofcompetencespecifiedinsectionA-II/1oftheSTCWCode.2001L0025—EN—29.11.2002—001.001—19
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RegulationII/2
Mandatory minimum requirements for certification of masters and chief
matesonshipsof500grosstonnageormore
Masterandchiefmateonshipsof3000grosstonnageormore
1. Everymasterandchiefmateonaseagoingshipof3000grosstonnage
ormoreshallholdanappropriatecertificate.
2. Everycandidateforcertificationshall:
2.1. meettherequirementsforcertificationasanofficerinchargeofanavi-
gational watch on ships of 500 gross tonnage or more and have
approvedseagoingserviceinthatcapacity:
2.1.1. forcertificationaschiefmate,notlessthan12months,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
monthsofsuchseagoingservicehasbeenservedaschiefmate;
2.2. havecompletedapprovededucationandtrainingandmeetthestandard
of competence specified in section A-II/2 of the STCW Code for
mastersandchiefmatesonshipsof3000grosstonnageormore.
Master and chief mate on ships of between 500 and 3000 gross
tonnage
3. Every master and chief mate on a seagoing ship of between 500 and
3000grosstonnageshallholdanappropriatecertificate.
4. Everycandidateforcertificationshall:
4.1. for certification as chief mate, meet the requirements of an officer in
chargeofanavigationalwatchonshipsof500grosstonnageormore
4.2. forcertificationasmaster,meettherequirementsofanofficerincharge
ofanavigationalwatchonshipsof500grosstonnageormoreandhave
approvedseagoingservice ofnotlessthan36monthsinthatcapacity;
however,thisperiodmaybereducedtonotlessthan24monthsifnot
lessthan12monthsofsuchseagoingservice hasbeen servedaschief
mate;
4.3. havecompletedapprovedtrainingandmeetthestandardofcompetence
specified in section A-II/2 of the STCW Code for masters and chief
matesonshipsofbetween500and3000grosstonnage.
RegulationII/3
Mandatoryminimumrequirements for certification of officers in charge of
anavigationalwatchandofmastersonshipsoflessthan500grosstonnage
Shipsnotengagedonnear-coastalvoyages
1. Every officer in charge of a navigational watch serving on a seagoing
ship of less than 500 gross tonnage not engaged on near-coastal
voyages shall hold an appropriate certificate for ships of 500 gross
tonnageormore.
2. Everymasterservingonaseagoingshipoflessthan500grosstonnage
not engaged on near-coastal voyages shall hold an appropriate certifi-
cate for service as master on ships of between 500 and 3000 gross
tonnage.
Shipsengagedonnear-coastalvoyages
Officer in charge of a navigational watch3. Every officer in charge of a navigational watch on a seagoing ship of
less than 500 gross tonnage engaged on near-coastal voyages shall
holdanappropriatecertificate.
4. Every candidate for certification as officer in charge of a navigational
watch on a seagoing ship of less than 500 gross tonnage engaged on
near-coastalvoyagesshall:
4.1. benotlessthan18yearsofage;
4.2. havecompleted:
4.2.1. special training, including an adequate period of appropriate seagoing
serviceasrequiredbytheAdministration,or
4.2.2. approvedseagoingserviceinthedeckdepartmentofnotlessthanthree
years;2001L0025—EN—29.11.2002—001.001—20
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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
theRadioRegulations;
4.4. havecompletedapprovededucationandtrainingandmeetthestandard
ofcompetence specified insection A-II/3oftheSTCWCodeforoffi-
cers in charge of a navigational watch on shipsof less than 500 gross
tonnageengagedonnear-coastalvoyages.
Master
5. Everymasterservingonaseagoingshipoflessthan500grosstonnage
engagedonnear-coastalvoyagesshallholdanappropriatecertificate.
6. Every candidate for certification as master on a seagoing ship of less
than500grosstonnageengagedonanear-coastalvoyagesshall:
6.1. benotlessthan20yearsofage;
6.2. haveapprovedseagoingserviceofnotlessthan12monthsasofficerin
chargeofanavigationalwatch;
6.3. havecompletedapprovededucationandtrainingandmeetthestandard
of competence specified in section A-II/3 of the STCW Code for
mastersonshipsoflessthan500grosstonnageengagedonnear-coastal
voyages.
7. Exemptions
TheAdministration,ifitconsidersthataship'ssizeandtheconditions
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
andtheofficerinchargeofanavigationalwatchonsuchashiporclass
of ships from some of the requirements, bearing in mind the safety of
allshipswhichmaybeoperatinginthesamewaters.
RegulationII/4
Mandatoryminimumrequirementsforcertificationofratingsformingpart
ofanavigationalwatch
1. Everyratingformingpartofanavigationalwatchonaseagoingshipof
500grosstonnageormore,otherthanratingsundertrainingandratings
whose duties while on watch are of an unskilled nature, shall be duly
certificatedtoperformsuchduties.
2. Everycandidateforcertificationshall:2.1. benotlessthan16yearsofage;
2.2. havecompleted:
2.2.1. approved seagoing service including not less than six months training
andexperience,or
2.2.2. specialtraining,eitherpre-seaoronboardship,includinganapproved
periodofseagoingservicewhichshallnotbelessthantwomonths;
2.3. meet the standard of competence specified in section A-II/4 of the
STCWCode.
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
outunder thedirect supervisionofthe master, the officer incharge of
thenavigationalwatchoraqualifiedrating.
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
ConventionforthatMemberState.2001L0025—EN—29.11.2002—001.001—21
▼B
CHAPTER III
ENGINEDEPARTMENT
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-
roomor designated duty engineer officer in a periodically unm anned
engine-roomonaseagoingshippoweredbymainpropulsionmachinery
of750kWpropulsionpowerormoreshallholdanappropriate certifi-
cate.
2. Everycandidateforcertificationshall:2.1. benotlessthan18yearsofage;
2.2. havecompletednotlessthansixmonthsseagoingserviceintheengine
departmentinaccordancewithsectionA-III/1oftheSTCWCode;
2.3. have completed approved education and training of at least 30 months
which includes on-board training documented in an approved training
recordbookandmeetthestandardsofcompetencespecifiedinsection
A-III/1oftheSTCWCode.
RegulationIII/2
Mandatory minimum requirements for certification of chief engineer offi-
cers and second engineer officers on ships powered by main propulsion
machineryof3000kWpropulsionpowerormore
1. Everychiefengineerofficerandsecondengineerofficeronaseagoing
ship powered by main propulsion machinery of 3000 kW propulsion
powerormoreshallholdanappropriatecertificate.
2. Everycandidateforcertificationshall:
2.1. meet the requirements for certification as an officer in charge of an
engineeringwatchand:
2.1.1. forcertificationasasecondengineerofficer,shallhavenotlessthan12
monthsapprovedseagoingserviceasassistantengineerofficerorengi-
neerofficer,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
shallhavebeenservedasanengineerofficerinapositionofresponsi-
bilitywhilequalifiedtoserveassecondengineerofficer;
2.2. havecompletedapprovededucationandtrainingandmeetthestandard
ofcompetencespecifiedinsectionA-III/2oftheSTCWCode.
RegulationIII/3
Mandatory minimum requirements for certification of chief engineer offi-
cers and second engineer officers on ships powered by main propulsion
machineryofbetween750kWand3000kWpropulsionpower
1. Everychiefengineerofficerandsecondengineerofficeronaseagoing
shippoweredbymainpropulsionmachineryofbetween750and3000kWpropulsionpowershallholdanappropriatecertificate.
2. Everycandidateforcertificationshall:
2.1. meet the requirements for certification as an officer in charge of an
engineeringwatchand:
2.1.1. forcertification assecondengineer officer,shall havenotlessthan 12
months approved seagoing service as assistance engineer officer or
engineerofficer,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
shallbeservedwhilequalifiedtoserveassecondengineerofficer;
2.2. havecompletedapprovededucationandtrainingandmeetthestandard
ofcompetencespecifiedinsectionA-III/3oftheSTCWCode.2001L0025—EN—29.11.2002—001.001—22
▼B
3. Every engineer officer who is qualified to serve as second engineer
officer on ships powered by main propulsion machinery of 3000 kW
propulsionpowerormore,mayserveaschiefengineerofficeronships
poweredbymain propulsionmachinery oflessthan 3000kW 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
responsibilityandthecertificateissoendorsed.
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
performduties in a periodically unm anned engine-roomon 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
suchduties.
2. Everycandidateforcertificationshall:
2.1. benotlessthan16yearsofage;
2.2. havecompleted:
2.2.1. approved seagoing service including not less than six months training
andexperience,or
2.2.2. specialtraining,eitherpre-seaoronboardship,includinganapproved
periodofseagoingservicewhichshallnotbelessthantwomonths;
2.3. meet the standard of competence specified in section A-III/4 of the
STCWCode.
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
qualifiedrating.
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
ConventionforthatMemberState.
CHAPTER IV
RADIOCOMMUNICATIONANDRADIOPERSONNEL
Explanatory noteMandatory provisionsrelating 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
guidelinesadoptedbytheInternationalMaritimeOrganisation.
RegulationIV/1
Application
1. Exceptasprovidedinparagraph3,theprovisionsofthischapterapply
toradiopersonnelonshipsoperatingintheglobalmaritimedistressand
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
February1992shallcomplywiththeprovisionsoftheSTCWConven-
tion,inforcepriorto1December1992.
3. Radiopersonnelonshipsnotrequiredtocomplywiththeprovisionsof
theGMDSSinChapterIVoftheSOLASConventionarenotrequired
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
respectofsuchradiopersonnel.2001L0025—EN—29.11.2002—001.001—23
▼B
RegulationIV/2
Mandatory minimum requirements for certification of GMDSS radio
personnel
1. Everypersoninchargeoforperformingradiodutiesonashiprequired
toparticipateintheGMDSSshallholdanappropriatecertificaterelated
to the GMDSS, issued or recognised by the Administration under the
provisionsoftheRadioRegulations.
2. In addition, every candidate for certification under this regulation for
service on a ship which is required by the SOLAS Convention, as
amended,tohavearadioinstallationshall:
2.1. benotlessthan18yearsofage;and
2.2. havecompletedapprovededucationandtrainingandmeetthestandard
ofcompetencespecifiedinsectionA-IV/2oftheSTCWCode.
CHAPTER V
SPECIAL TRAINING REQUIREMENTS FOR PERSONNEL ON CERTAIN
TYPESOFSHIPS
RegulationV/1
Mandatory minimum requirements for the training and qualification of
masters,officersandratingsontankers
1. Officersandratingsassignedspecificdutiesandresponsibilitiesrelating
to cargo or cargo equipment on tankers shall have completed an
approved shore-based fire-fighting course in addition to the training
requiredbyRegulationVI/1andshallhavecompleted:
1.1. atleast three monthsofapproved seagoingservice ontankers inorder
toacquireadequateknowledgeofsafeoperationalpractices;or
1.2. anapprovedtanker-familiarisation coursecoveringatleastthesyllabus
givenforthatcourseinsectionA-V/1oftheSTCWCode.
However the Administration may accept a period of supervised
seagoing service shorter than that prescribed by subparagraph 1.1,
provided:
1.3. theperiodsoacceptedisnotlessthanonemonth;1.4. thetankerisoflessthan3000grosstonnage;1.5. thedurationofeachvoyageonwhichthetankerisengagedduringthe
perioddoesnotexceed72hours;
1.6. theoperationalcharacteristicsofthetankerandthenumberofvoyages
and loading and discharging operations completed during the period
allowthesamelevelofknowledgeandexperiencetobeacquired.
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
therequirementsofsubparagraph1.1or1.2,have:
2.1. experience appropriate to their duties on the type of tanker on which
theyserve;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
liquefiedgastankeronwhichtheyserve.
3. WithintwoyearsaftertheentryintoforceoftheSTCWConventionfor
aMember State,seafarers may beconsidered to have met therequire-
mentsofsubparagraph2.2iftheyhaveservedinarelevantcapacityon
board the type of tanker concerned for a period of not less than one
yearwithintheprecedingfiveyears.
4. Administrations shall ensure that an appropriate certificate is issued to
mastersandofficers,whoarequalifiedinaccordancewithparagraphs1
or 2 as appropriate, or that an existing certificate is duly endorsed.
Everyratingwhoissoqualifiedshallbedulycertificated.2001L0025—EN—29.11.2002—001.001—24
▼B
RegulationV/2
Mandatory minimum requirements for the training and qualifications of
masters,officers,ratingsandotherpersonnelonro-ropassengerships
1. ThisRegulationappliestomasters,officers,ratingsandotherpersonnel
serving on board ro-ro passenger ships engaged on international
voyages. Administrations shall determine the applicability of these
requirementstopersonnelservingonro-ropassengershipsengagedon
domesticvoyages.
2. Priortobeingassignedshipboarddutiesonboardro-ropassengerships,
seafarersshallhavecompletedthetrainingrequiredbyparagraphs4to
8belowinaccordancewiththeircapacities,dutiesandresponsibilities.
3. Seafarerswhoarerequiredtobetrainedinaccordancewithparagraphs
4, 7 and 8 below shall at intervals not exceeding five years undertake
appropriaterefreshertraining.
4. Masters,officersandotherpersonneldesignatedonmusterliststoassist
passengersinemergencysituationsonboardro-ropassengershipsshall
have completed training in crowd management as specified in section
A-V/2,paragraph1,oftheSTCWCode.
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
theSTCWCode.
6. Personnelprovidingdirectservicetopassengersinpassengerspaceson
board ro-ro passenger ships shall have completed the safety training
specifiedinsectionA-V/2,paragraph3,oftheSTCWCode.
7. Masters, chief mates, chief engineer officers, second engineer officers
and every personassigned 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 inpassenger 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-
viourasspecifiedinsectionA-V/2,paragraph5,oftheSTCWCode.
9. Administrationsshallensurethat documentary evidence ofthetraining
which has been completed is issued to every person found qualified
undertheprovisionsofthisRegulation.
CHAPTER VI
EMERGENCY, OCCUPATIONAL SAFETY, MEDICAL CARE AND
SURVIVALFUNCTIONS
RegulationV1/1
Mandatoryminimumrequirementsforfamiliarisation,basicsafetytraining
andinstructionforallseafarers
Seafarersshallreceivefamiliarisation andbasicsafetytrainingorinstructionin
accordance with section A-V1/1of the STCW Code and shall meet the appro-
priatestandardofcompetencespecifiedtherein.
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
rescueboatsotherthanfastrescueboatsshall:
1.1. benotlessthan18yearsofage;
1.2. have approved seagoing service of not less than 12 months or have
attended an approved training course and have approved seagoing
servieofnotlessthansixmonths;2001L0025—EN—29.11.2002—001.001—25
▼B
1.3. meet the standard of competence for certificates of proficiency in
survivalcraftandrescueboatssetoutinsectionA-V1/2,paragraphs1
to4,oftheSTCWCode.
2. Every candidate for a certificate of proficiency in fast rescue boats
shall:
2.1. betheholderofacertificateofproficiencyinsurvivalcraftandrescue
boatsotherthanfastrescueboats;
2.2. haveattendedanapprovedtrainingcourse;
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
STCWCode.
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
andshallmeetthestandardofcompetencespecifiedtherein.
2. Where training in advanced fire-fighting isnot included inthe qualifi-
cations for the certificate to be issued, a special certificate or
documentary evidence, as appropriate, shall be issued indicating that
theholderhasattendedacourseoftraininginadvancedfire-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
sectionA-VI/4,paragraphs1,2and3,oftheSTCWCode.
2. Seafarersdesignatedtotakechargeofmedicalcareonboardshipshall
meetthestandardofcompetenceinmedicalcareonboardshipsspeci-
fiedinsectionA-V1/4,paragraphs4,5and6,oftheSTCWCode.
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
thattheholderhasattendedacourseoftraininginmedical firstaidor
inmedicalcare.
CHAPTER VII
ALTERNATIVECERTIFICATION
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
regulationsofthosechapters,providedthat:
1.1. theassociatedfunctionsandlevelsofresponsibilitytobestatedonthe
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/4andA-IV/2oftheSTCWCode;
1.2. the candidates have completed approved education and training and
meet the requirements for standards of competence, prescribed in the
relevantsectionsoftheSTCWCodeandassetforthinsectionA-VII/
1ofthisCode,forthefunctionsandlevelsthataretobestatedonthe
certificatesandintheendorsements;
1.3. thecandidateshavecompletedapprovedseagoingserviceappropriateto
theperformanceofthefunctionsandlevelsthataretobestatedonthe
certificate. Theminimumdurationofseagoingserviceshallbeequiva-
lenttothedurationofseagoingserviceprescribedinChaptersIIandIII
of this Annex. However, the minimum duration of seagoing service2001L0025—EN—29.11.2002—001.001—26
▼B
shall be not less than as prescribed in section A-VII/2 of the STCW
Code;
1.4. thecandidatesforcertificationwhoaretoperformthefunctionofnavi-
gationattheoperationallevelshallmeettheapplicablerequirementsof
theregulationsinChapterIV,asappropriate,forperformingdesignated
radiodutiesinaccordancewiththeRadioRegulations;
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
ConventiontotheCommission.
RegulationVII/2
Certificationofseafarers
Every seafarer who performs any function or group of functions specified in
tables,A-II/1,A-II/2,A-II/3orAII/4ofChapterIIorintablesA-III/1,A-III/2,
A-III/4ofChapterIIIorA-IV/2ofChapterIVoftheSTCWCode,shallholdan
appropriatecertificate.
RegulationVII/3
Principles governingtheissueofalternative certificates
1. AMemberStatewhichelectstoissueorauthorisetheissueofalterna-
tivecertificatesshallensurethatthefollowingprinciplesareobserved:
1.1. no alternative certification system shall be implemented unless it
ensuresadegreeofsafetyatseaandhasapreventiveeffectasregards
pollutionatleastequivalenttothatprovidedbytheotherchapters;
1.2. any arrangement for alternative certification issued under this chapter
shallprovidefortheinterchangeability ofcertificates withthoseissued
undertheotherchapters.
2. Theprincipleofinterchangeability inparagraph1shallensurethat:
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
whichhaveeithertraditionalorotherformsofshipboardorganisation;
2.2. seafarers are not trained for specific shipboard arrangements in such a
wayaswouldimpairtheirabilitytotaketheirskillselsewhere.
3. In issuing any certificate under the provisions of this chapter the
followingprinciplesshallbetakenintoaccount:
3.1. theissueofalternativecertificatesshallnotbeusedinitself:
3.1.1. toreducethenumberofcrewonboard,
3.1.2. tolowertheintegrityoftheprofessionor‘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
particularwatch;
3.2. thepersonincommandshallbedesignatedasthemasterandthelegal
position and authority of the master and others shall not be adversely
affectedbytheimplementationofanyarrangementforalternativecerti-
fication.
4. Theprinciplescontainedinparagraphs1and2ofthisRegulationshall
ensurethatthecompetencyofbothdeckandengineerofficersismain-
tained.2001L0025—EN—29.11.2002—001.001—27
▼B
ANNEX II
PROCEDURESANDCRITERIAFOR THE RECOGNITIONOF CERTI-
FICATES ISSUED BY THIRD COUNTRIES AND THE APPROVAL OF
MARITIME TRAINING INSTITUTES AND MARITIME EDUCATION
AND TRAINING PROGRAMMES AND COURSES REFERRED TO IN
ARTICLE18(3)(a)
A.Proceduresandcriteria relating tocertificates
A Member State may recognise and endorse appropriate certificates issued by
third countries for service on board ships flying its flag only if the following
conditionsarefulfilled:
1. Appropriatecertificatespresentedforrecognitionmusthavebeenissuedby
aPartytotheSTCWConvention.
2. (a) The third country that has issued an appropriate certificate must have
been identified by the Maritime Safety Committee of the IMO as
havingdemonstratedthatfullandcompleteeffectisgiventotheprovi-
sonsoftheSTCWconvention.
(b) The Member State must have confirmed, through all necessary
measures,whichmayincludetheinspectionoffacilitiesandprocedures,
thattherequirements concerning thestandardofcompetence, theissue
and endorsement of certificates and record keeping are fully complied
with,andthataquality-standardssystemhasbeenestablishedpursuant
toRegulationI/8oftheSTCWConvention.
3. Iftherequirementofparagraph2(a)hasnotbeencompliedwithbecausethe
MaritimeSafetyCommitteeoftheIMOisstillintheprocessofidentifying
thethirdcountryinquestionashavingdemonstratedthatfullandcomplete
effect is given to the provisions of the STCW convention; the following
provisionsmustapply;
(a) the third country must communicate to the Member State and to the
IMO:
(i) the texts of laws, decrees, orders, regulations and instruments
relatingtotheimplementationoftheSTCWConvention;
(ii) fulldetailsofthecontentsanddurationofstudycourses,including
a clear statement of the education, training, examination, compe-
tencyassessmentandcertificationpoliciesadopted;
(iii) nationalexaminationandotherrequirementsforeachtypeofcerti-
ficateissuedinaccordancewiththeSTCWConvention;
(iv) a sufficient number of specimen certificates that comply withthe
STCWConvention;
(v) informationongovernmentalorganisation;
(vi) a concise explanation of the legal and administrative measures
provided and taken to ensure compliance particularly concerning
training and assessment and the issue and registration of certifi-
cates;
(vii) aconciseoutlineoftheproceduresfollowedtoauthorise,accredit
or approve training and examinations, and competency assess-
mentsrequiredbytheSTCWConvention,theconditionsattached
thereto,andalistoftheauthorisation,accreditationandapprovals
granted;
(b) theMemberStatemustcomparetheinformationcommunicatedwithall
the relevant requirements of the STCW Convention to ensure that full
and complete effect is given to the provisions of the STCW Conven-
tion;
(c) theMemberStatemusthaveconfirmed,throughallnecessarymeasures,
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,andthataquality-standardssystemhasbeenestablishedpursuant
toRegulationI/8oftheSTCWConvention;
(d) on the basis of statistical data on the main maritime labour supplying
countries,alistcontainingthenamesofthirdcountrieswhere,inaddi-
tion to the procedure referred to above, the inspection of maritime
institutes or training programmes and courses is mandatory must be
adoptedandupdatedthroughtheprocedurereferredtoinArticle23(2).
4. When accrediting or approving maritime institutes or training programmes
and courses Member States must apply the criteria laid down in part B of
thisAnnexinadditiontoeitherparagraph2or,asappropriate,paragraph3.2001L0025—EN—29.11.2002—001.001—28
▼B
5. TheMemberStatemustensurethatanundertakingisagreedwiththethird
countryconcerned thatpromptnotification willbegivenofanysignificant
changeinthearrangementsfortrainingandcertificationprovidedinaccor-
dancewiththeSTCWConvention.
6. A certificate presented for recognition must bear, be accompanied by, or
incorporate in its wording a valid endorsement attesting its issue by the
aboveParty.
7. Member States must introduce 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
relevanttothefunctionstheyarepermittedtoperform.
8. Certificates and endorsements issued by a Member State under the provi-
sions of this Article in recognition of or attesting the recognition of a
certificateissuedbyathirdcountrymustnotbeusedasthebasisforfurther
recognitionbyanotherMemberState.
B.Criteriafortheaccreditationorapprovalofmaritimetraininginstitutes
andmaritime educationandtrainingprogrammesandcourses
I. To obtain approval as a maritime training institute authorised to conduct
education and training programmes and courses accepted by a Member
Stateasmeetingtherequirementsforserviceonboardshipsflyingitsflag,
amaritimetraininginstitutemust:
1. haveappointedinstructorswho:
1.1. haveanappreciationofthetrainingprogrammeandanunderstanding
ofthespecifictrainingobjectivesfortheparticulartypeoftrainingto
beconducted;
1.2. arequalifiedinthetaskforwhichthetrainingistobeconducted;1.3. ifusingasimulator:
1.3.1. havereceivedappropriateguidanceininstructionaltechniquesinvol-
vingtheuseofsimulators,and
1.3.2. havegainedpracticaloperationalexperienceontheparticulartypeof
simulatortobeused;
2. have appointed training supervisors, appropriate to the approved
training programmes and courses to be conducted at the institute,
whohaveafullunderstandingofeachapprovedtrainingprogramme
andcoursetheyaretosuperviseincludingitsspecificobjectives;
3. have appointed assessors who have received appropriate training in
assessmentmethodsandpracticeand:
3.1. have an appropriate level of knowledge and understanding of the
competencetobeassessed,
3.2. arequalifiedinthetaskforwhichtheassessmentistobemade,
3.3. havereceivedappropriateguidanceinassessmentmethodsandprac-
tice,
3.4. havegainedpracticalassessmentexperience,and
3.5. if they are to conduct assessment involving the use of simulators,
have gained practical assessment experience on the particular type
of simulator that is to be employed, under the supervision and to
thesatisfactiononanexperiencedassessor;
4. maintain records of all certificates and diplomas issued to students
who complete their maritime education or training at the institute,
incorporating details of the education and training received and the
relevant dates, together with their full names and dates and places
ofbirth;
5. make available information on the status of such certificates and
diplomasandoneducationandtrainingasappropriate;
6. continuouslymonitoritstrainingandassessmentactivities througha
quality-standards systemtoensureachievement ofitsdefined objec-
tivesincludingthoseconcerningthequalificationsandexperienceof
itsinstructorsandassessors;
7. undergo evaluation at intervals of not more than five years, by
suitably qualified persons who are not themselves involved in thetraining or assessment activities concerned, so as to verify that the
administrative and operational procedures at all levels within the
institute are managed, organised, undertaken, supervised and moni-
tored internally in order to ensure their fitness for purpose and
achievementofstatedobjectives.2001L0025—EN—29.11.2002—001.001—29
▼B
II. Toobtainapprovalasmeetingthemaritimeeducationandtrainingrequire-
ments for service on board ships flying the flag of a Member State, a
trainingprogrammeorcoursemust:
1. bestructuredinaccordancewithwrittenprogrammeswhichincludesuch
methods and media of delivery, procedures, and course material as are
necessarytoachievetheprescribedstandardofcompetence;
2. be conducted, monitored, evaluated and supported by persons qualified
inaccordancewithparagraphsI.1,I.2andI.3.2001L0025—EN—29.11.2002—001.001—30
▼B
ANNEX III
PARTA
RepealedDirective anditsamendment
(referredtobyArticle27)
CouncilDirective94/58/EC(OJL319,12.12.1994,p.28)
CouncilDirective98/35/EC(OJL172,17.6.1998,p.1)
PARTB
Deadlinesfortranspositionintonationallaw
(referredtobyArticle27)
Directive Deadlinefortransposition
94/58/EC 31December1995
98/35/EC 25May19992001L0025—EN—29.11.2002—001.001—31
▼B
ANNEX IV
CORRELATIONTABLE
Directive94/58/EC ThisDirective
Article1 Article2
Article2 Article3Article3 Article4Article3a(1),(2)and(3) Article5(1),(2)and(3)Article3a(4)(1) Article5(4)(a)
Article3a(4)(2) Article5(4)(b)
Article3a(5)and(6) Article5(5)and(6)Article3a(7)(1),(2)and(3) Article5(7)(a),(b)and(c)Article3a(8),(9)and(10) Article5(8),(9)and(10)Article4(a)to(z) Article1(1)to(26)Article4(aa) Article1(27)
Article4(ab) Article1(28)
Article4(ac) Article1(29)Article4(ad) Article1(30)Article4(ae) Article1(31)Article5 Article6Article5a Article7
Article5b(1)and(2) Article8(1)and(2)
Article5b(3)(1),(2)and(3) Article8(3)(a),(b)and(c)Article5b(4) Article8(4)Article5c(1)(1)to(4) Article9(1)(a)to(d)Article5c(2)(1),(2)and(3) Article9(2)(a),(b)and(c)Article5c(3) Article9(3)
Article5d(1)and(2) Article10(1)and(2)
Article5d(3)(1)to(5) Article10(3)(a)to(e)Article5d(4)(1)and(2) Article10(4)(a)and(b)Article5e(1)(1)and(2) Article11(1)(a)and(b)Article5e(2)to(5) Article11(2)to(5)Article5f(1)(1),(2)and(3) Article12(1)(a),(b)and(c)
Article5f(2) Article12(2)
Article5g(1)(1)to(5) Article13(1)(a),(b)and(c)Article5g(2) Article13(2)Article5g(3)(1) Article13(3)(a)Article5g(3)(1)1.1and1.2 Article13(3)(a)(i)and(ii)Article5g(3)(2) Article13(3)(b)
Article5h Article14
Article6 Article15Article7 Article16Article8(1),(2)and(3) Article17(a),(b)and(c)Article8(3)(a)to(e) Article17(c)(i)to(v)Article8(4),(5)and(6) Article17(d),(e)and(f)
Article9 Article18
Article10 Article19Article10a Article20Article11 Article212001L0025—EN—29.11.2002—001.001—32
▼B
Directive94/58/EC ThisDirective
Article12 Article22
Article13 Article23
Article13a Article24
— Article25(1)
Article14 Article26
— Article27
— Article28
— Article29
AnnexI AnnexI
AnnexII AnnexII
— AnnexIII
— AnnexIV
(1) Directive98/35/ECArticle2(3).2001L0025—EN—29.11.2002—001.001—33