02008L0106 — GA — 01.08.2019 — 002.002

Is áis doiciméadúcháin amháin an téacs seo agus níl aon éifeacht dhlíthiúil aige. Ní ghabhann institiúidí an Aontais aon dliteanas orthu féin i leith inneachar an téacs. Is iad na leaganacha de na gníomhartha a foilsíodh in Iris Oifigiúil an Aontais Eorpaigh agus atá ar fáil ar an suíomh gréasáin EUR-Lex na leaganacha barántúla de na gníomhartha ábhartha, brollach an téacs san áireamh. Is féidir teacht ar na téacsanna oifigiúla sin ach na naisc atá leabaithe sa doiciméad seo a bhrú

►B DIRECTIVE 2008/106/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 19 November 2008 on the minimum level of training of seafarers (recast) (Text with EEA relevance) (IO L 323 3.12.2008, lch. 33)

Arna leasú le:







(*) Níor foilsíodh an gníomh seo i nGaeilge









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DIRECTIVE 2008/106/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 19 November 2008

on the minimum level of training of seafarers (recast)

(Text with EEA relevance)







Article 1

Definitions

For the purposes of this Directive:

1. ‘master’ means the person having command of a ship;

2. ‘officer’ means a member of the crew, other than the master, designated as such by national law or regulations or, in the absence of such designation, by collective agreement or custom;

3. ‘deck officer’ means an officer qualified in accordance with the provisions of Chapter II of Annex I;

4. ‘chief mate’ means the officer next in rank to the master upon whom the command of the ship will fall in the event of the incapacity of the master;

5. ‘engineer officer’ means an officer qualified in accordance with the provisions of Chapter III of Annex I;

6. ‘chief engineer officer’ means the senior engineer officer responsible for the mechanical propulsion and the operation and maintenance of the mechanical and electrical installations of the ship;

7. ‘second engineer officer’ means the engineer officer next in rank to the chief engineer officer upon whom the responsibility for the mechanical propulsion and the operation and maintenance of the mechanical and electrical installations of the ship will fall in the event of the incapacity of the chief engineer officer;

8. ‘assistant engineer officer’ means a person under training to become an engineer officer and designated as such by national law or regulations;

9. ‘radio operator’ means a person holding an appropriate certificate issued or recognised by the competent authorities under the provisions of the Radio Regulations;

10. ‘rating’ means a member of the ship’s crew other than the master or an officer;

11. ‘seagoing ship’ means a ship other than those which navigate exclusively in inland waters or in waters within, or closely adjacent to, sheltered waters or areas where port regulations apply;

12. ‘ship flying the flag of a Member State’ means a ship registered in and flying the flag of a Member State in accordance with its legislation; a ship not corresponding to this definition shall be regarded as a ship flying the flag of a third country;

13. ‘near-coastal voyages’ means voyages in the vicinity of a Member State as defined by that Member State;

14. ‘propulsion power’ means the total maximum continuous rated output power in kilowatts of all of a ship’s main propulsion machinery which appears on the ship’s certificate of registry or other official document;

15. ‘oil-tanker’ means a ship constructed and used for the carriage of petroleum and petroleum products in bulk;

16. ‘chemical tanker’ means a ship constructed or adapted and used for the carriage in bulk of any liquid product listed in Chapter 17 of the International Bulk Chemical Code, in its up-to-date version;

17. ‘liquefied-gas tanker’ means a ship constructed or adapted and used for the carriage in bulk of any liquefied gas or other product listed in Chapter 19 of the International Gas Carrier Code, in its up-to-date version;

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18. ‘radio Regulations’ means the radio regulations annexed to, or regarded as being annexed to, the International Telecommunication Convention, as amended;

19. ‘passenger ship’ means a ship as defined in the International Convention for the Safety of Life at Sea, 1974 (SOLAS 74), as amended;

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20. ‘fishing vessel’ shall mean a vessel used for catching fish or other living resources of the sea;

21. ‘STCW Convention’ means the International Maritime Organisation (IMO) Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, 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 provisions of the STCW Code, all being applied in their up-to-date versions;

22. ‘radio duties’ includes, as appropriate, watchkeeping and technical maintenance and repairs conducted in accordance with the Radio Regulations, the International Convention for the Safety of Life at Sea, 1974 (SOLAS 74) and, at the discretion of each Member State, the relevant recommendations of the IMO, in their up-to-date versions;

23. ‘ro-ro passenger ship’ means a passenger ship with ro-ro cargo spaces or special-category spaces as defined in the SOLAS 74, in its up-to-date version;

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24. ‘STCW Code’ means the Seafarers’ Training, Certification and Watchkeeping (STCW) Code as adopted by the 1995 Conference resolution 2, in its up-to-date version;

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25. ‘function’ means a group of tasks, duties and responsibilities, as specified in the STCW Code, necessary for ship operation, safety of life at sea or protection of the marine environment;

26. ‘company’ means the owner of the ship or any other organisation or person such as the manager or the bareboat charterer who has assumed the responsibility for operation of the ship from the shipowner and who, on assuming such responsibility, has agreed to take over all the duties and responsibilities imposed on the company by this Directive;

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28. ‘seagoing service’ means service on board a ship relevant to the issue or revalidation of a certificate of competency, certificate of proficiency or other qualification;

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29. ‘approved’ means approved by a Member State in accordance with this Directive;

30. ‘third country’ means any country which is not a Member State;

31. ‘month’ means a calendar month or 30 days made up of periods of less than one month;

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32. ‘GMDSS radio operator’ means a person qualified in accordance with Chapter IV of Annex I;

33. ‘ISPS Code’ means the International Ship and Port Facility Security Code adopted on 12 December 2002, by resolution 2 of the Conference of Contracting Governments to the SOLAS 74, in its up-to-date version;

34. ‘ship security officer’ means the person on board a ship, accountable to the master, designated by the company as responsible for the security of the ship including implementation and maintenance of the ship security plan and liaison with the company security officer and port facility security officers;

35. ‘security duties’ include all security tasks and duties on board ships as defined by Chapter XI/2 of the SOLAS 74, as amended, and by the ISPS Code;

36. ‘certificate of competency’ means a certificate issued and endorsed for masters, officers and GMDSS radio operators in accordance with Chapters II, III, IV or VII of Annex I, and entitling the lawful holder thereof to serve in the capacity and perform the functions involved at the level of responsibility specified therein;

37. ‘certificate of proficiency’ means a certificate, other than a certificate of competency, issued to a seafarer stating that the relevant requirements of training, competencies or sea-going service in this Directive have been met;

38. ‘documentary evidence’ means documentation, other than a certificate of competency or certificate of proficiency, used to establish that the relevant requirements in this Directive have been met;

39. ‘electro-technical officer’ means an officer qualified in accordance with Chapter III of Annex I;

40. ‘able seafarer deck’ means a rating qualified in accordance with Chapter II of Annex I;

41. ‘able seafarer engine’ means a rating qualified in accordance with Chapter III of Annex I;

42. ‘electro-technical rating’ means a rating qualified in accordance with Chapter III of Annex I;

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43. ciallaíonn “ballstát óstach” an Ballstát ina n-iarrann maraithe glacadh nó aitheantas a ndeimhnithe inniúlachta, a ndeimhnithe oilteachta nó a bhfianaise dhoiciméadach;

44. ciallaíonn “cód IGF” an Cód Idirnáisiúnta um Shábháilteacht Long a úsáideann Gáis nó Breoslaí Íseal-splancphointe eile, mar a shainmhínítear i Rialachán SOLAS 74 II-1/2.29;

45. ciallaíonn “an Cód Polach” an Cód Idirnáisiúnta maidir le Longa a oibríonn in Uiscí Polacha, mar a shainmhínítear i Rialachán SOLAS 74 XIV/1.1;

46. ciallaíonn “uiscí polacha” uiscí Artacha agus/nó limistéar an Antartaigh, mar a shainmhínítear i Rialacháin SOLAS 74 XIV/1.2 go XIV/1.4.

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Article 2

Scope

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1. Tá feidhm ag an Treoir seo maidir leis na maraithe a luaitear sa Treoir seo atá ag fónamh ar bord longa farraige a bhfuil bratach Bhallstáit ar foluain orthu, cé is moite de:

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(a) warships, naval auxiliaries or other ships owned or operated by a Member State and engaged only on government non-commercial service;

(b) fishing vessels;

(c) pleasure yachts not engaged in trade;

(d) wooden ships of primitive build.

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2. Tá feidhm ag Airteagal 5b maidir le maraithe a bhfuil deimhniú acu arna eisiúint ag Ballstát, gan beann ar a náisiúntacht.

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Article 3

Training and certification

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1. Member States shall take the measures necessary to ensure that seafarers serving on ships as referred to in Article 2 are trained as a minimum in accordance with the requirements of the STCW Convention, as laid down in Annex I to this Directive, and hold certificates as defined in points (36) and (37) of Article 1, and/or documentary evidence as defined in point (38) of Article 1.

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2. Member States shall take the measures necessary to ensure that those crew members that must be certified in accordance with Regulation III/10.4 of the SOLAS 74 are trained and certificated in accordance with this Directive.

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Article 5

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Certificates of competency, certificates of proficiency and endorsements

1. Member States shall ensure that certificates of competency and certificates of proficiency are issued only to candidates who comply with the requirements of this Article.

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2. Certificates for masters, officers and radio operators shall be endorsed by the Member State as prescribed in this Article.

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3. Certificates of competency and certificates of proficiency shall be issued in accordance with Regulation I/2, paragraph 3 of the Annex to the STCW Convention.

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3a. Certificates of competency shall be issued only by the Member States, following verification of the authenticity and validity of any necessary documentary evidence and in accordance with the provisions laid down in this Article.

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4. In respect of radio operators, Member States may:

(a) include the additional knowledge required by the relevant regulations in the examination for the issue of a certificate complying with the Radio Regulations; or

(b) issue a separate certificate indicating that the holder has the additional knowledge required by the relevant regulations.

5. At the discretion of a Member State endorsements may be incorporated in the format of the certificates being issued as provided for in section A-I/2 of the STCW Code. If so incorporated the form used shall be that set out in section A-I/2, paragraph 1. If issued otherwise, the form of endorsements used shall be that set out in paragraph 2 of that section. Endorsements shall be issued in accordance with Article VI, paragraph 2, of the STCW Convention.

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Endorsements attesting the issue of a certificate of competency and endorsements attesting a certificate of proficiency issued to masters and officers in accordance with the Regulations V/1-1 and V/1-2 of Annex I shall be issued only if all the requirements of the STCW Convention and this Directive have been complied with.

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6 A Member State which recognises a certificate of competency, or a certificate of proficiency, issued to masters and officers in accordance with Regulations V/1-1 and V/1-2 of the Annex to the STCW Convention under the procedure laid down in Article 19(2) of this Directive shall endorse that certificate to attest its recognition only after ensuring the authenticity and validity of the certificate. The form of the endorsement used shall be that set out in paragraph 3 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 be issued by Member States only;

(c) shall each be assigned a unique number, except for endorsements attesting the issue of a certificate of competency, which may be assigned the same number as the certificate of competency concerned, provided that that number is unique; and

(d) shall each expire as soon as the endorsed certificate of competency or certificate of proficiency issued to masters and officers in accordance with Regulations V/1-1 and V/1-2 of the Annex to the STCW Convention 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 their date of issue.

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8. The capacity in which the holder of a certificate is authorised to serve shall be identified in the form of endorsement in terms identical to those used in the applicable safe-manning requirements of the Member State concerned.

9. A Member State may use a format different from the format laid down in section A-I/2 of the STCW Code, provided that, as a minimum, the required information is provided in Roman characters and Arabic figures, taking account of the variations permitted under section A-I/2.

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10. Faoi réir Airteagal 19(7), coinneofar ar fáil ar bord na loinge ar a bhfuil an sealbhóir ag fónamh an leagan bunaidh de gach deimhniú a cheanglaítear a sholáthar leis an Treoir seo, i gcóip chrua nó i bhfoirm dhigiteach, a bhféadfar a bharántúlacht agus a bhailíocht a dheimhniú faoin nós imeachta a leagtar síos i bpointe (b) de mhír 12 den Airteagal seo.

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11. Candidates for certification shall provide satisfactory proof:

(a) of their identity;

(b) that their age is not less than that prescribed in the Regulations listed in Annex I relevant to the certificate of competency or certificate of proficiency applied for;

(c) that they meet the standards of medical fitness, specified in Section A-I/9 of the STCW Code;

(d) that they have completed the seagoing service and any related compulsory training prescribed in the Regulations listed in Annex I for the certificate of competency or certificate of proficiency applied for; and

(e) that they meet the standards of competence prescribed in the Regulations listed in Annex I for the capacities, functions and levels that are to be identified in the endorsement of the certificate of competency.

This paragraph shall not apply to recognition of endorsements under Regulation I/10 of the STCW Convention.

12. Each Member State shall undertake:

(a) to maintain a register or registers of all certificates of competency and certificates of proficiency and endorsements for masters and officers and, where applicable, ratings which are issued, have expired or have been revalidated, suspended, cancelled or reported as lost or destroyed, as well as of dispensations issued;

(b) to make available information on the status of certificates of competency, endorsements and dispensations to other Member States or other Parties to the STCW Convention and companies which request verification of the authenticity and validity of certificates of competency and/or certificates issued to masters and officers in accordance with Regulations V/1-1 and V/1-2 of Annex I produced to them by seafarers seeking recognition, under Regulation I/10 of the STCW Convention, or employment on board ship.

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13. I gcás ina dtiocfaidh leasuithe ábhartha i bhfeidhm ar Choinbhinsiún STCW agus ar Chuid A de Chód STCW a bhaineann le deimhnithe digiteacha do mharaithe, tugtar de chumhacht don Choimisiún gníomhartha tarmligthe a ghlacadh i gcomhréir le Airteagal 27a chun an Treoir seo a leasú trí na forálacha ábhartha uile de a ailíniú leis na leasuithe sin ar Choinbhinsiún STCW agus ar Chuid A de Chód STCW d'fhonn deimhnithe agus formhuinithe na maraithe a dhigitiú.

Airteagal 5a

Faisnéis don Choimisiún

Chun críocha Airteagal 20(8) agus Airteagal 21(2) agus go heisiach chun go n-úsáidfidh na Ballstáit agus an Coimisiún iad chun críocha ceaptha beartais agus chun críocha staidrimh, cuirfidh na Ballstáit faoi bhráid an Choimisiúin, ar bhonn bliantúil, an fhaisnéis a liostaítear in Iarscríbhinn V a ghabhann leis an Treoir seo maidir le deimhnithe inniúlachta agus formhuinithe lena bhfianaítear aitheantas arna thabhairt do dheimhnithe inniúlachta. Féadfaidh siad a sholáthar freisin, ar bhonn deonach, faisnéis maidir le deimhnithe oilteachta arna n-eisiúint le haicmigh chabhlaigh i gcomhréir le Caibidlí II, III agus VII den Iarscríbhinn a ghabhann le Coinbhinsiún STCW, amhail an fhaisnéis a léirítear in Iarscríbhinn V a ghabhann leis an Treoir seo.

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Airteagal 5b

Aitheantas frithpháirteach a thabhairt do dheimhnithe maraithe arna n-eisiúint ag na Ballstáit

1. Glacfaidh gach Ballstát le deimhnithe oilteachta agus le fianaise dhoiciméadach arna n-eisiúint ag Ballstát eile, nó faoina údarás, i gcóip chrua nó i bhformáid dhigiteach, chun ligean do mharaithe fónamh ar longa a bhfuil a bhratach ar foluain orthu.

2. Tabharfaidh gach Ballstát aitheantas do dheimhnithe inniúlachta arna n-eisiúint ag Ballstát eile nó do dheimhnithe oilteachta arna n-eisiúint ag Ballstát eile chuig máistrí agus oifigigh i gcomhréir le Rialacháin V/1-1 agus V/1-2 d'Iarscríbhinn I a ghabhann leis an Treoir seo, trí na deimhnithe sin a fhormhuiniú le fianú go dtugtar aitheantas dóibh. Na formhuinithe lena bhfianaítear an t-aitheantas, beidh siad teoranta d'acmhainneachtaí, feidhmeanna agus leibhéil inniúlachta nó oilteachta a fhorordaítear iontu. Ní eiseofar an formhuiniú ach amháin má comhlíonadh gach ceanglas de Choinbhinsiún STCW, i gcomhréir le Rialachán I/2, mír 7, de Choinbhinsiún STCW. Is í foirm an fhormhuinithe a úsáidfear an ceann a leagtar amach i Roinn A-I/2, mír 3, de Chód STCW.

3. Glacfaidh gach Ballstát le deimhnithe leighis arna n-eisiúint faoi údarás Ballstáit eile i gcomhréir le Airteagal 11, chun ligean do mharaithe fónamh ar longa a bhfuil a bhratach ar foluain orthu.

4. Áiritheoidh na Ballstáit óstacha go ndéanfar na cinntí dá dtagraítear i míreanna 1, 2 agus 3 a eisiúint laistigh de thréimhse réasúnta ama. Áiritheoidh na Ballstáit óstacha freisin go mbeidh sé de cheart ag maraithe achomharc a dhéanamh i gcoinne aon diúltú deimhniú bailí a fhormhuiniú nó a ghlacadh, nó i gcoinne gan aon fhreagra a bheith faighte, i gcomhréir le reachtaíocht agus nósanna imeachta náisiúnta agus go dtabharfar comhairle agus cúnamh leordhóthanach do mharaithe maidir leis na hachomhairc sin i gcomhréir le reachtaíocht agus nósanna imeachta náisiúnta bunaithe.

5. Gan dochar do mhír 2 den Airteagal seo, féadfaidh údaráis inniúla Ballstáit óstaigh srianta breise a chur ar acmhainneachtaí, feidhmeanna agus leibhéil inniúlachta nó oilteachta maidir le muiraistir gar don chósta, dá dtagraítear in Airteagal 7, nó deimhnithe malartacha arna n-eisiúint faoi Rialachán VII/1 d'Iarscríbhinn I.

6. Gan dochar do mhír 2, féadfaidh Ballstát óstach, i gcás inar gá, ligean do mharaí fónamh, ar feadh tréimhse nach faide ná 3 mhí ar bord long a bhfuil a bhratach ar foluain uirthi, agus deimhniú iomchuí bailí aige arna eisiúint agus arna fhormhuiniú ag Ballstát eile, ach nár fhormhuinigh an Ballstát óstach lena mbaineann le haghaidh aitheantais go fóill é.

Beidh fianaise dhoiciméadach gur cuireadh iarratas ar fhormhuiniú faoi bhráid na n-údarás inniúil le go mbeidh sí ar fáil go réidh.

7. Áiritheoidh Ballstát óstach go bhfuil an t-eolas iomchuí ar rialacháin mhuirí an Bhallstáit sin a bhaineann leis na feidhmeanna a cheadaítear dóibh a dhéanamh ag maraithe a chuireann isteach ar dheimhnithe aitheantais le haghaidh feidhmeanna ar an leibhéal bainistíochta.

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Article 6

Training requirements

The training required pursuant to Article 3 shall be in a form appropriate to the theoretical knowledge and practical skills required by Annex I, in particular the use of life saving and fire-fighting equipment, and approved by the competent authority or body designated by each Member State.

Article 7

Principles governing near-coastal voyages

1. When defining near-coastal voyages Member States shall not impose training, experience or certification requirements on seafarers serving on board ships entitled to fly the flag of another Member State or another Party to the STCW Convention and engaged in such voyages in a manner resulting in more stringent requirements for such seafarers than for seafarers serving on board ships entitled to fly their own flag. In no case shall a Member State impose requirements in respect of seafarers serving on board ships flying the flag of another Member State or of another Party to the STCW Convention in excess of those of this Directive in respect of ships not engaged in near-coastal voyages.

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1a. A Member State, for ships afforded the benefits of the near-coastal voyage provisions of the STCW Convention, which includes voyages off the coast of other Member States or of Parties to the STCW Convention within the limits of their near-coastal definition, shall enter into an undertaking with the Member States or Parties concerned specifying both the details of the trading areas involved and other relevant provisions.

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2. With respect to ships entitled to fly the flag of a Member State regularly engaged in near-coastal voyages off the coast of another Member State or of another Party to the STCW Convention, the Member State the flag of which a ship is entitled to fly shall prescribe training, experience and certification requirements for seafarers serving on such ships at least equal to those of the Member State or the Party to the STCW Convention off the coast of which the ship is engaged, provided that they do not exceed the requirements of this Directive in respect of ships not engaged in near-coastal voyages. Seafarers serving on a ship which extends its voyage beyond what is defined as a near-coastal voyage by a Member State and enters waters not covered by that definition shall fulfil the appropriate requirements of this Directive.

3. A Member State may afford a ship which 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 the STCW Convention on near-coastal voyages as defined by that Member State.

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3a. The certificates of competency of seafarers issued by a Member State or a Party to the STCW Convention for its defined near-coastal voyage limits may be accepted by other Member States for service in their defined near-coastal voyage limits, provided the Member States or Parties concerned enter into an undertaking specifying the details of the trading areas involved and other relevant conditions thereof.

3b. Member States defining near-coastal voyages, in accordance with the requirements of this Article, shall:

(a) meet the principles governing near-coastal voyages specified in Section A-I/3 of the STCW Code;

(b) incorporate the near-coastal voyage limits in the endorsements issued pursuant to Article 5.

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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 they have adopted.

Article 8

Prevention of fraud and other unlawful practices

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1. Member States shall take and enforce appropriate measures to prevent fraud and other unlawful practices involving certificates and endorsements issued, and shall provide for penalties that are effective, proportionate and dissuasive.

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2. Member States shall designate the national authorities competent to detect and combat fraud and other unlawful practices and exchange information with the competent authorities of other Member States and of third countries concerning the certification of seafarers.

Member States shall forthwith inform the other Member States and the Commission of the details of such competent national authorities.

Member States shall also forthwith inform any third countries with which they have entered into an undertaking in accordance with Regulation I/10, paragraph 1.2 of the STCW Convention of the details of such competent national authorities.

3. At the request of a host Member State, the competent authorities of another Member State shall provide written confirmation or denial of the authenticity of seafarers’ certificates, corresponding endorsements or any other documentary evidence of training issued in that other Member State.

Article 9

Penalties or disciplinary measures

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1. Member States shall establish processes and procedures for the impartial investigation of any reported incompetence, act, omission or compromise to security that may pose a direct threat to safety of life or property at sea or to the marine environment, on the part of the holders of certificates of competency and certificates of proficiency or endorsements issued by that Member State in connection with their performance of duties relating to their certificates of competency and certificates of proficiency and for the withdrawal, suspension and cancellation of such certificates of competency and certificates of proficiency for such cause and for the prevention of fraud.

2. Member States shall take and enforce appropriate measures to prevent fraud and other unlawful practices involving certificates of competency and certificates of proficiency and endorsements issued.

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3. ►M1 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 certificate 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 an appropriate certificate to be performed by a person not holding the required certificate, a valid dispensation or having the documentary proof required by Article 19(7); 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 fulfilled by a person holding a certificate or dispensation.

4. Member States within the jurisdiction of which any company which or any person who is believed on clear grounds to have been responsible 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 Convention which advises them of its intention to initiate proceedings under its jurisdiction.

Article 10

Quality standards

1. Each Member State shall ensure that:

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(a) all training, assessment of competence, certification, including medical certification, endorsement and revalidation activities carried out by non-governmental agencies or entities under their authority are continuously monitored through a quality standards system to ensure the achievement of defined objectives, including those concerning the qualifications and experience of instructors and assessors, in accordance with Section A-I/8 of the STCW Code;

(b) where governmental agencies or entities perform such activities, there is a quality standards system in accordance with Section A-I/8 of the STCW Code;

(c) education and training objectives and related quality standards of competence to be achieved are clearly defined and that the levels of knowledge, understanding and skills appropriate to the examinations and assessments required under the STCW Convention are identified;

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(d) the fields of application of the quality standards cover the administration of the certification systems, all training courses and programmes, examinations and assessments carried out by or under the authority of each Member State and the qualifications and experience required of instructors and assessors, having regard to the policies, systems, controls and internal quality-assurance reviews established to ensure achievement of the defined objectives.

The objectives and related quality standards referred to in point (c) of the first subparagraph may be specified separately for different courses and training programmes and shall cover the administration of the certification system.

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 certification system, are conducted at intervals of not more than five years by qualified 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 documental procedures and are effective in ensuring that the defined objectives are achieved;

(b) the results of each independent evaluation are documented and brought to the attention of those responsible for the area evaluated;

(c) timely action is taken to correct deficiencies;

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(d) all applicable provisions of the STCW Convention and Code, including amendments are covered by the quality standards system. Member States may also include within this system the other applicable provisions of this Directive.

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3. A report relating to each evaluation carried out pursuant to paragraph 2 shall be communicated by the Member State concerned to the Commission, in accordance with the format specified in Section A-I/7 of the STCW Code, within six months of the date of the evaluation.

Article 11

Medical standards

1. Each Member State shall establish standards of medical fitness for seafarers and procedures for the issue of a medical certificate in accordance with this Article and Section A-I/9 of the STCW Code, taking into account, as appropriate, Section B-I/9 of the STCW Code.

2. Each Member State shall ensure that those responsible for assessing the medical fitness of seafarers are medical practitioners recognised by that Member State for the purpose of seafarer medical examinations, in accordance with the Section A-I/9 of the STCW Code.

3. Every seafarer holding a certificate of competency or a certificate of proficiency, issued under the provisions of the STCW Convention, who is serving at sea shall also hold a valid medical certificate issued in accordance with this Article and Section A-I/9 of the STCW Code.

4. Candidates for medical certification shall:

(a) be not less than 16 years of age;

(b) provide satisfactory proof of their identity; and

(c) meet the applicable medical fitness standards established by the Member State concerned.

5. Medical certificates shall remain valid for a maximum period of two years unless the seafarer is under the age of 18, in which case the maximum period of validity shall be one year.

6. If the period of validity of a medical certificate expires in the course of a voyage, Regulation I/9 of the Annex to the STCW Convention shall apply.

7. In urgent cases, a Member State may permit a seafarer to work without a valid medical certificate. In such cases, Regulation I/9 of the Annex to the STCW Convention shall apply.

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Article 12

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Revalidation of certificates of competency and certificates of proficiency

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1. Gach máistir, oifigeach agus oibreoir raidió a bhfuil ina sheilbh aige deimhniú arna eisiúint nó arna aithint faoi aon chaibidil d'Iarscríbhinn I seachas Rialachán V/3 de Chaibidil V nó Caibidil VI, agus atá ag fónamh ar farraige nó a bhfuil rún aige cur chun farraige an athuair tar éis tréimhse a chaitheamh istír, ceanglófar air, d'fhonn gur féidir leis leanúint de bheith cáilithe le haghaidh fónamh ar farraige, ag eatraimh nach faide ná 5 bliana:

(a) na caighdeáin feidhmiúlachta sláinte a fhorordaítear le hAirteagal 11 a chomhlíonadh; agus

(b) inniúlacht ghairmiúil leanúnach a shuíomh i gcomhréir le Roinn A-I/11 de Chód STCW.

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2. Every master, officer and radio operator shall, for continuing seagoing service on board ships for which special training requirements have been internationally agreed upon, successfully complete approved relevant training.

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2a. Every master and officer shall, for continuing seagoing service on board tankers, meet the requirements of paragraph 1 of this Article and be required, at intervals not exceeding five years, to establish continued professional competence for tankers in accordance with paragraph 3 of Section A-I/11 of the STCW Code.

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2b. Déanfaidh gach máistir nó oifigeach na ceanglais a luaitear i mír 1 den Airteagal seo a chomhlíonadh agus ceanglófar orthu, ag eatraimh nach faide ná 5 bliana, inniúlacht ghairmiúil leanúnach a shuíomh le haghaidh longa a oibríonn in uiscí polacha i gcomhréir le Roinn A-I/11, mír 4, de Chód STCW.

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3. Déanfaidh gach Ballstát na caighdeáin inniúlachta a cheanglaítear a bheith ag iarrthóirí ar dheimhnithe inniúlachta agus/nó deimhnithe oilteachta arna n-eisiúint go dtí an 1 Eanáir 2017 a chur i gcomparáid leis na caighdeáin arna sonrú le haghaidh an deimhnithe ábhartha inniúlachta agus/nó oilteachta i gCuid A de Chód STCW, agus déanfaidh siad a chinneadh an gá a cheangal ar shealbhóirí na ndeimhnithe inniúlachta agus/nó na ndeimhnithe oilteachta sin dul faoi oiliúint iomchuí athnuachana, leanúna nó measúnú.

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3a. Déanfaidh gach Ballstát na caighdeáin inniúlachta a chuir sé de cheangal ar dhaoine a bhí ag fónamh ar longa arna mbreoslú le gás roimh an 1 Eanáir 2017 a chur i gcomparáid leis na caighdeáin inniúlachta a luaitear i Roinn A-V/3 de Chód STCW, agus déanfaidh sé a chinneadh an gá atá ann, más ann dó, ceangal a chur ar na daoine sin a gcáilíochtaí a nuashonrú.

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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.

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5. For the purpose of updating the knowledge of masters, officers and radio operators, each Member State shall ensure that the texts of recent changes in national and international regulations concerning the safety of life at sea, security and the protection of the marine environment are made available to ships entitled to fly its flag, while respecting point (b) of Article 14(3) and Article 18.

▼B

Article 13

Use of simulators

1. The performance standards and other provisions set out in section A-I/12 of the STCW Code and such other requirements as are prescribed 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 proficiency required by Part A of the STCW Code.

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Article 14

Responsibilities of companies

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 certificate in accordance with the provisions of this Directive and as established 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, without being 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 to their routine or emergency duties;

(e) the ship’s complement can effectively coordinate their activities in an emergency situation and in performing functions vital to safety or to the prevention or mitigation of pollution;

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(f) seafarers assigned to any of its ships have received refresher and updating training as required by the STCW Convention;

(g) at all times on board its ships there shall be effective oral communication in accordance with paragraphs 3 and 4 of Chapter V of Regulation 14, of the SOLAS 74, as amended.

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2. Companies, masters and crew members shall each have responsibility for ensuring that the obligations set out in this Article are given full and complete effect and that such other measures as may be necessary are taken to ensure that each crew member can make a knowledgeable 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 and the 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 procedures and other arrangements needed for the proper performance of their duties, before being assigned to those duties. Such policies and procedures shall include:

(a) the allocation of a reasonable period of time during which each newly employed seafarer will have an opportunity to become acquainted 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 needs to 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.

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4. Companies shall ensure that masters, officers and other personnel assigned specific duties and responsibilities on board their ro-ro passenger ships shall have completed familiarisation training to attain the abilities that are appropriate to the capacity to be filled and duties and responsibilities to be taken up, taking into account the guidance given in Section B-I/14 of the STCW Code.

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Article 15

Fitness for duty

1. For the purpose of preventing fatigue, Member States shall:

(a) establish and enforce rest periods for watchkeeping personnel and those whose duties involve designated safety, security and prevention of pollution duties in accordance with paragraphs 3 to 13;

(b) require that watch systems are arranged in such a way that the efficiency of watchkeeping personnel is not impaired by fatigue, and that duties are organised in such a way that the first watch at the start of a voyage and subsequent relieving watches are sufficiently rested and otherwise fit for duty.

2. Member States shall, for the purpose of preventing drug and alcohol abuse, ensure that adequate measures are established in accordance with the provisions laid down in this Article.

3. Member States shall take account of the danger posed by fatigue of seafarers, especially those whose duties involve the safe and secure operation of a ship.

4. All persons who are assigned duty as officer in charge of a watch or as a rating forming part of a watch, and those whose duties involve designated safety, prevention of pollution and security duties shall be provided with a rest period of not less than:

(a) a minimum of 10 hours of rest in any 24-hour period; and

(b) 77 hours in any seven-day period.

5. The hours of rest may be divided into no more than two periods, one of which shall be at least six hours in length, and the intervals between consecutive periods of rest shall not exceed 14 hours.

6. The requirements for rest periods laid down in paragraphs 4 and 5 need not be maintained in the case of an emergency or in other overriding operational conditions. Musters, firefighting and lifeboat drills, and drills prescribed by national laws and regulations and by international instruments, shall be conducted in a manner that minimises the disturbance of rest periods and does not induce fatigue.

7. Member States shall require that watch schedules be posted where they are easily accessible. The schedules shall be established in a standardised format in the working language or languages of the ship and in English.

8. When a seafarer is on call, such as when a machinery space is unattended, the seafarer shall have an adequate compensatory rest period if the normal period of rest is disturbed by call-outs to work.

9. Member States shall require that records of daily hours of rest of seafarers be maintained in a standardised format, in the working language or languages of the ship and in English, to allow monitoring and verification of compliance with this Article. Seafarers shall receive a copy of the records pertaining to them, which shall be endorsed by the master, or by a person authorised by the master, and by the seafarers.

10. Notwithstanding the rules laid down in paragraphs 3 to 9, the master of a ship shall be entitled to require a seafarer to perform any hours of work necessary for the immediate safety of the ship, persons on board or cargo, or for the purpose of giving assistance to other ships or persons in distress at sea. Accordingly, the master may suspend the schedule of hours of rest and require a seafarer to perform any hours of work necessary until the normal situation has been restored. As soon as practicable after the normal situation has been restored, the master shall ensure that any seafarers who have performed work in a scheduled rest period are provided with an adequate period of rest.

11. With due regard for the general principles of the protection of the health and safety of workers and in line with Directive 1999/63/EC Member States may, by means of national laws, regulations or a procedure for the competent authority, authorise or register collective agreements permitting exceptions to the required hours of rest set out in point (b) of paragraph 4 and in paragraph 5 of this Article provided that the rest period is no less than 70 hours in any seven-day period and respects the limits set out in paragraphs 12 and 13 of this Article. Such exceptions shall, as far as possible, follow the standards set out but may take account of more frequent or longer leave periods, or the granting of compensatory leave for watchkeeping seafarers or seafarers working on board ships on short voyages. Exceptions shall, as far as possible, take into account the guidance regarding prevention of fatigue laid down in Section B-VIII/1 of the STCW Code. Exceptions to the minimum hours of rest provided for in point (a) of paragraph 4 of this Article shall not be allowed.

12. Exceptions referred to in paragraph 11 to the weekly rest period provided for in point (b) of paragraph 4 shall not be allowed for more than two consecutive weeks. The intervals between two periods of exceptions on board shall not be less than twice the duration of the exception.

13. In the framework of possible exceptions to paragraph 5 referred to in paragraph 11, the minimum hours of rest in any 24-hour period provided for in point (a) of paragraph 4 may be divided into no more than three periods of rest, one of which shall be at least six hours in length and neither of the two other periods shall be less than one hour in length. The intervals between consecutive periods of rest shall not exceed 14 hours. Exceptions shall not extend beyond two 24-hour periods in any seven-day period.

14. Member States shall establish, for the purpose of preventing alcohol abuse, a limit of not greater than 0,05 % blood alcohol level (BAC) or 0,25 mg/l alcohol in the breath or a quantity of alcohol leading to such alcohol concentration for masters, officers and other seafarers while performing designated safety, security and marine environmental duties.

▼B

Article 16

Dispensation

1. In circumstances of exceptional necessity, competent authorities may, if in their opinion this does not cause danger to persons, property or the environment, issue a dispensation permitting a specified seafarer to serve in a specified ship for a specified period not exceeding six months in a capacity, other than that of the radio operator, except as provided by the relevant Radio Regulations, for which he or she does not hold the appropriate certificate, provided that the person to whom the dispensation is issued shall be adequately qualified to fill the vacant post in a safe manner to the satisfaction of the competent authorities. However, dispensations shall not be granted to a master or chief engineer officer, except in circumstances of force majeure and 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. Where certification of the post below is not required, a dispensation may be issued to a person whose qualification and experience are, in the opinion of the competent authorities, of a clear equivalence to the requirements for the post to be filled, provided that, if such a person holds 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, the competent authorities shall ensure that the post in question is filled by the holder of an appropriate certificate as soon as possible.

Article 17

Responsibilities of Member States with regard to training and assessment

1. Member States shall designate the authorities or bodies which shall:

(a) give the training referred to in Article 3;

(b) organise and/or supervise the examinations where required;

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(c) issue the certificates referred to in Article 5;

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(d) grant the dispensations provided for in Article 16.

2. Member States shall ensure that:

(a) all training and assessment of seafarers is: (i) structured in accordance with the written programmes, including such methods and media of delivery, procedures and course material as are necessary to achieve the prescribed standard of competence; and (ii) conducted, monitored, evaluated and supported by persons qualified in accordance with points (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 adversely affect the normal operation of the ship and they can dedicate their time 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 competence 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 for certification under this Directive: (i) has an appreciation of the training programme and an understanding of the specific training objectives for the particular type of training being conducted; (ii) is qualified in the task for which training is being conducted; and (iii) if conducting training using a simulator: — has received appropriate guidance in instructional techniques involving the use of simulators, and — 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 has a full understanding of the training programme and the specific objectives 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 under this Directive: (i) has an appropriate level of knowledge and understanding of the competence to be assessed; (ii) is qualified in the task for which the assessment is being made; (iii) has received appropriate guidance in assessment methods and practice; (iv) has gained practical assessment experience; and (v) 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, as part of its requirements for the issue of a certificate, the qualifications and experience of instructors and assessors are covered in the application of the quality standard provisions of Article 10; such qualification, experience and application of quality standards shall incorporate appropriate training in instructional techniques and training and assessment methods and practice and comply with all applicable requirements of points (d), (e) and (f).

Article 18

On-board communication

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 place for effective oral communication relating to safety between all members of the ship’s crew, particularly with regard to the correct and timely reception and understanding of messages and instructions;

(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 a Member State port, in order to ensure effective crew performance in 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 to understand and, where appropriate, give orders and instructions and 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 translations into the working language;

(c) on board passenger ships, personnel nominated on muster lists to assist passengers in emergency situations are readily identifiable and have communication skills that are sufficient for that purpose, taking into account an appropriate and adequate combination of any of the following factors: (i) the language or languages appropriate to the principal nationalities of passengers carried on a particular route; (ii) the likelihood that an ability to use elementary English vocabulary 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 common language; (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 communication 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 liquefied gas tankers flying the flag of a Member State, the master, officers and rating are able to communicate with each other in (a) common working language(s);

(e) there are adequate means for communication between the ship and the shore-based authorities; these communications shall be conducted in accordance with Chapter V, Regulation 14, paragraph 4, of the SOLAS 74;

(f) when carrying out port State control under Directive 95/21/EC, Member States also check that ships flying the flag of a State other than a Member State comply with this Article.

Article 19

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Recognition of certificates of competency and certificates of proficiency

1. Seafarers who do not possess the certificates of competency issued by Member States and/or the certificates of proficiency issued by Member States to masters and officers in accordance with Regulations V/1-1 and V/1-2 of the STCW Convention, may be allowed to serve on ships flying the flag of a Member State provided that a decision on the recognition of their certificates of competency and certificates of proficiency has been adopted through the procedures set out in paragraphs 2 to 6 of this Article.

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2. Maidir le Ballstát a bhfuil rún aige aitheantas a thabhairt, trí fhormhuiniú, do na deimhnithe inniúlachta nó do na deimhnithe oilteachta dá dtagraítear i mír 1 den Airteagal seo arna n-eisiúint ag tríú tír chuig máistir, oifigeach nó oibreoir raidió, le haghaidh fónamh ar longa a bhfuil a bhratach ar foluain orthu, cuirfidh an Ballstát sin iarraidh faoi bhráid an Choimisiúin ar aitheantas don tríú tír sin, agus réamhanailís ag gabháil leis ar cheanglais Choinbhinsiún STCW a bheith á gcomhlíonadh ag an tríú tír tríd an bhfaisnéis dá dtagraítear in Iarscríbhinn II a ghabhann leis an Treoir seo a bhailiú. Mar thaca lena iarraidh, cuirfidh an Ballstát breis faisnéise ar fáil sa réamhanailís sin ar na cúiseanna le haitheantas a thabhairt don tríú tír.

Tar éis do Bhallstát iarraidh den sórt sin a thíolacadh, próiseálfaidh an Coimisiún gan mhoill an iarraidh sin agus déanfaidh sé cinneadh, i gcomhréir leis an nós imeachta scrúdúcháin dá dtagraítear in Airteagal 28(2), maidir le tús a chur leis an measúnú ar an gcóras oiliúna agus deimhnithe sa tríú tír laistigh de thréimhse réasúnta ama agus aird iomchuí á tabhairt ar an teorainn ama a leagtar amach i mír 3 den Airteagal seo.

Nuair a ghlacfar cinneadh dearfach chun tús a chur leis an measúnú, baileoidh an Coimisiún, le cúnamh ón nGníomhaireacht Eorpach um Shábháilteacht Mhuirí, agus le ról féideartha an Bhallstáit atá ag tíolacadh na hiarrata, chomh maith le haon Bhallstáit leasmhara eile, baileoidh an Coimisiún an fhaisnéis dá dtagraítear in Iarscríbhinn II a ghabhann leis Treoir seo agus déanfaidh sé measúnú ar na córais oiliúna agus deimhnithe sa tríú tír ar tíolacadh an iarraidh ar aitheantas ina leith, chun a fhíorú go gcomhlíonann an tír sin ceanglais uile Choinbhinsiún STCW agus go ndearnadh na bearta iomchuí chun eisiúint deimhnithe calaoiseacha a chosc agus chun a bhreithniú ar dhaingnigh sí an Coinbhinsiún Oibreachais Mhuirí, 2006.

3. I gcás ina measfaidh an Coimisiún, de thoradh an mheasúnaithe dá dtagraítear i mír 2 den Airteagal seo, go bhfuil na ceanglais sin ar fad á gcomhlíonadh, glacfaidh sé gníomhartha cur chun feidhme lena leagfar síos a chinneadh maidir le haitheantas a thabhairt do thríú tír. Glacfar na gníomhartha cur chun feidhme sin i gcomhréir leis an nós imeachta scrúdúcháin dá dtagraítear in Airteagal 28(2), laistigh de 24 mhí ó thíolacadh na hiarrata ag an mBallstát dá dtagraítear i mír 2 den Airteagal seo.

I gcás inar gá don tríú tír lena mbaineann mórbhearta ceartaitheacha a chur i bhfeidhm, lena n-áirítear leasuithe a dhéanamh ar a reachtaíocht, a córas oideachais, oiliúna agus deimhniúcháin d'fhonn ceanglais Choinbhinsiún STCW a chomhlíonadh, glacfar na gníomhartha cur chun feidhme dá dtagraítear sa chéad fhomhír den mhír seo laistigh de 36 mhí ón iarraidh a bheith curtha isteach ag an mBallstát dá dtagraítear i mír 2 den Airteagal seo.

Féadfaidh an Ballstát atá ag tíolacadh na hiarrata sin a chinneadh aitheantas a thabhairt don tríú tír go haontaobhach go dtí go nglacfar gníomh cur chun feidhme faoi bhun na míre seo. I gcás ina dtugtar an t-aitheantas aontaobhach sin, cuirfidh an Ballstát lena mbaineann in iúl don Choimisiún líon na bhformhuinithe lena bhfianaítear aitheantas a eisíodh i dtaca le deimhnithe inniúlachta agus deimhnithe oilteachta dá dtagraítear i mír 1, arna n-eisiúint ag an tríú tír go dtí go nglacfar an gníomh cur chun feidhme maidir le haitheantas na tríú tíre sin.

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4. 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 contained in Annex II, points (4) and (5).

5. Recognitions of certificates issued by recognised third countries and published in the Official Journal of the European Union, C series, before 14 June 2005 shall remain valid.

These recognitions may be used by all Member States unless the Commission has subsequently withdrawn them pursuant to Article 20.

6. The Commission shall draw up and update a list of the third countries that have been recognised. The list shall be published in the Official Journal of the European Union, C series.

7. Notwithstanding Article 5(6), a Member State may, if circumstances require, allow a seafarer to serve in a capacity other than radio officer or radio operator, except as provided by the Radio Regulations, for a period not exceeding three months on board a ship flying its flag, while holding an appropriate and valid certificate issued and endorsed as required by a third country, but not yet endorsed for recognition by the Member State concerned so as to render it appropriate for service 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 20

Non-compliance with the requirements of the STCW Convention

1. Notwithstanding the criteria specified in Annex II, when a Member State considers that a recognised third country no longer complies with the requirements of the STCW Convention, it shall notify the Commission immediately, giving substantiated reasons therefor.

The Commission shall without delay refer the matter to the Committee referred to in Article 28(1).

2. Notwithstanding the criteria set out in Annex II, when the Commission considers that a recognised third country no longer complies with the requirements of the STCW Convention, it shall notify the Member States immediately, giving substantiated reasons therefor.

The Commission shall without delay refer the matter to the Committee referred to in Article 28(1).

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 European Maritime Safety Agency, shall reassess the recognition of the third country concerned in order to verify whether that country failed to comply with the requirements of the STCW Convention.

5. Where there are indications that a particular maritime training establishment no longer complies with the requirements of the STCW Convention, the Commission shall notify the country concerned that recognition 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.

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6. The decision on the withdrawal of the recognition shall be taken by the Commission. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 28(2). The Member States concerned shall take appropriate measures to implement the decision.

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7. Endorsements attesting recognition of certificates, issued in accordance with Article 5(6) before the date on which the decision to withdraw 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 is based solely on additional seagoing service experience.

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8. Mura bhfuil aon fhormhuinithe ann lena bhfianaítear aitheantas arna eisiúint ag Ballstát i dtaca le deimhnithe inniúlachta nó deimhnithe oilteachta, dá dtagraítear in Airteagal 19(1), arna n-eisiúint ag tríú tír le haghaidh tréimhse is faide ná 8 mbliana, déanfar an t-aitheantas do dheimhnithe na tíre sin a athscrúdú. Tar éis an athscrúdaithe sin, glacfaidh an Coimisiún gníomhartha cur chun feidhme lena leagfar síos a chinneadh. Déanfar na gníomhartha cur chun feidhme sin a ghlacadh i gcomhréir leis an nós imeachta scrúdúcháin dá dtagraítear in Airteagal 28(2), tar éis fógra a thabhairt do na Ballstáit agus don tríú tír lena mbaineann sé mhí roimh ré ar a laghad.

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Article 21

Reassessment

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1. Maidir leis na tríú tíortha ar tugadh aitheantas dóibh faoin nós imeachta dá dtagraítear sa chéad fhomhír d'Airteagal 19(3), lena n-áirítear na tíortha sin dá dtagraítear in Airteagal 19(6), déanfaidh an Coimisiún athmheasúnú orthu, le cúnamh ón nGníomhaireacht Eorpach um Shábháilteacht Mhuirí, ar bhonn rialta agus laistigh de 10 mbliana ar a laghad ó rinneadh athmheasúnú go deireanach orthu, chun a fhíorú go bhfuil na critéir ábhartha a leagtar amach in Iarscríbhinn II á gcomhlíonadh acu agus an ndearnadh na bearta iomchuí chun cosc a chur ar dheimhnithe calaoiseacha a eisiúint.

2. Déanfaidh an Coimisiúin, le cúnamh ón nGníomhaireacht Eorpach um Shábháilteacht Mhuirí, an t-athmheasúnú ar na tríú tíortha bunaithe ar chritéir thosaíochta. Áireofar na nithe seo a leanas sna critéir thosaíochta sin:

(a) sonraí feidhmiúlachta ón rialú Stáit ar chalafoirt de bhun Airteagal 23;

(b) líon na bhformhuinithe lena bhfianaítear aitheantas arna eisiúint i dtaca le deimhnithe inniúlachta, nó deimhnithe oilteachta arna n-eisiúint i gcomhréir le Rialacháin V/1-1 agus V/1-2 de Choinbhinsiún STCW, arna n-eisiúint ag an tríú tír;

(c) líon na n-institiúidí oideachais agus oiliúna muirí arna gcreidiúnú ag an tríú tír;

(d) líon na gclár um oiliúint agus um fhorbairt ghairmiúil maraithe arna bhformheas ag an tríú tír;

(e) dáta an mheasúnaithe is déanaí ón gCoimisiún ar an tríú tír agus líon na n-easpaí i bpróisis ríthábhachtacha a aithníodh le linn an mheasúnaithe sin;

(f) athrú suntasach ar bith i gcóras oiliúna agus deimhniúcháin muirí na tríú tíre;

(g) líon foriomlán na maraithe arna ndeimhniú ag an tríú tír, atá ag fónamh ar longa a bhfuil bratacha na mBallstát ar foluain orthu agus leibhéal oiliúna agus cáilíochtaí na maraithe sin;

(h) faisnéis maidir le caighdeáin oideachais agus oiliúna sa tríú tír arna soláthar ag aon údaráis lena mbaineann nó geallsealbhóirí eile, má tá sí ar fáil.

I gcás nach gcomhlíonann tríú tír ceanglais Choinbhinsiún STCW i gcomhréir le hAirteagal 20 den Treoir seo, tabharfar tús áite don athmheasúnú ar an tríú tír sin le hais na dtríú tíortha eile.

▼B

3. The Commission shall provide the Member States with a report on the results of the assessment.

Article 22

Port State control

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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 duly authorised by that Member State to verify that all seafarers serving on board who are required to hold a certificate of competency and/or a certificate of proficiency and/or documentary evidence under the STCW Convention, hold such a certificate of competency or valid dispensation and/or certificate of proficiency and/or documentary evidence.

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2. When exercising port State control under this Directive, Member States shall ensure that all relevant provisions and procedures laid down in Directive 95/21/EC are applied.

Article 23

Port State control procedures

1. Without prejudice to Directive 95/21/EC, port State control pursuant to Article 22 shall be limited to the following:

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(a) verification that every seafarer serving on board who is required to hold a certificate of competency and/or a certificate of proficiency in accordance with the STCW Convention holds such a certificate of competency or valid dispensation and/or certificate of proficiency, or provides documentary proof that an application for an endorsement attesting recognition of a certificate of competency has been submitted to the authorities of the flag State;

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(b) verification that the numbers and certificates of the seafarers serving on board are in accordance with the safe-manning requirements of the authorities of the flag State.

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2. The ability of the ship’s seafarers to maintain watchkeeping and security standards, as appropriate, 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 any of the following has occurred:

▼B

(a) the ship has been involved in a collision, grounding or stranding;

(b) there has been a discharge of substances from the ship when under way, at anchor or at berth which is illegal under an international convention;

(c) the ship has been manoeuvred in an erratic or unsafe manner whereby routing measures adopted by the IMO, or safe navigation practices and procedures have not been followed;

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(d) the ship is otherwise being operated in such a manner as to pose a danger to persons, property or the environment, or to compromise security;

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(e) a certificate has been fraudulently obtained or the holder of a certificate is not the person to whom that certificate was originally issued;

(f) the ship is 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 relevant competence at the place of duty. Such a demonstration may include verification that operational requirements in respect of watchkeeping standards have been met and that there is a proper response to emergency situations within the seafarer’s level of competence.

Article 24

Detention

Without prejudice to Directive 95/21/EC, the following deficiencies, in so far as they have been determined by the officer carrying out the port State control that they pose a danger to persons, property or the environment, 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 certificates, 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 radio communications or the prevention of marine pollution;

(e) failure to provide proof of professional proficiency for the duties assigned to seafarers for the safety of the ship and the prevention of pollution;

(f) inability to provide for the first watch at the commencement of a voyage and for subsequent relieving watches persons who are sufficiently rested and otherwise fit for duty.

Article 25

Regular monitoring of compliance

Without prejudice to the powers of the Commission under Article 226 of the Treaty, the Commission, assisted by the European Maritime Safety Agency, shall verify on a regular basis and at least every five years that Member States comply with the minimum requirements laid down by this Directive.

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Article 25a

Information for statistical purposes

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1. Déanfaidh na Ballstáit an fhaisnéis dá dtagraítear in Iarscríbhinn V a chur in iúl don Choimisiún chun críocha Airteagal 20(8) agus Airteagal 21(2) agus le gur féidir leis na Ballstáit agus an Coimisiún í a úsáid i gcomhair ceapadh beartas.

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2. That information shall be made available by Member States to the Commission on a yearly basis and in electronic format and shall include information registered until 31 December of the previous year. Member States shall retain all property rights to the information in its raw data format. Processed statistics drawn up on the basis of such information shall be made publicly available in accordance with the provisions on transparency and protection of information set out in Article 4 of Regulation (EC) No 1406/2002.

3. In order to ensure the protection of personal data, Member States shall anonymise all personal information as indicated in Annex V by using software provided or accepted by the Commission before transmitting it to the Commission. The Commission shall use this anonymised information only.

4. Member States and the Commission shall ensure that measures for collecting, submitting, storing, analysing and disseminating such information are designed in such a way that statistical analysis is made possible.

For the purposes of the first subparagraph, the Commission shall adopt detailed measures regarding the technical requirements necessary to ensure the appropriate management of the statistical data. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 28(2).

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Airteagal 26

Tuarascáil mheastóireachta

Tráth nach déanaí ná an 2 Lúnasa 2024, cuirfidh an Coimisiún faoi bhráid Pharlaimint na hEorpa agus faoi bhráid na Comhairle tuarascáil mheastóireachta, lena n-áireofar moltaí i ndáil le gníomhartha leantacha a bheidh le déanamh i bhfianaise na meastóireachta sin. Sa tuarascáil mheastóireachta sin, déanfaidh an Coimisiún anailís ar chur chun feidhme na scéime maidir le haitheantas frithpháirteach do dheimhnithe maraithe arna n-eisiúint ag na Ballstáit, agus ar aon fhorbairtí maidir le deimhnithe digiteacha do mharaithe ar an leibhéal idirnáisiúnta. Déanfaidh an Coimisiún meastóireacht freisin ar aon fhorbairtí i ndáil le breithniú na nDioplómaí Eorpacha Barr Feabhais Muirí amach anseo, agus na moltaí ó na comhpháirtithe sóisialta mar bhonn aige.

Airteagal 27

Leasuithe

1. Tugtar de chumhacht don Choimisiún gníomhartha tarmligthe a ghlacadh, i gcomhréir le hAirteagal 27a, lena leasaítear Iarscríbhinn I a ghabhann leis an Treoir seo agus na forálacha gaolmhara den Treoir seo d'fhonn an Iarscríbhinn sin agus na forálacha sin a ailíniú leis na leasuithe ar Choinbhinsiún STCW agus ar Chuid A de Chód STCW.

2. Tugtar de chumhacht don Choimisiún gníomhartha tarmligthe a ghlacadh, i gcomhréir le hAirteagal 27a, lena leasaítear Iarscríbhinn V a ghabhann leis an Treoir seo maidir le hábhar sonrach ábhartha agus sonraí sonracha ábhartha na faisnéise is gá do na Ballstáit a thuairisciú ar an gcoinníoll nach bhfuil i gceist leis na gníomhartha sin ach na leasuithe ar Choinbhinsiún STCW agus ar Chuid A de Chód STCW a chur san áireamh agus na coimircí do chosaint sonraí a urramú. Ní athróidh na gníomhartha tarmligthe sin na forálacha maidir le hanaithnidiú sonraí a leagtar amach in Airteagal 25a(3).

Airteagal 27a

An tarmligean a fheidhmiú

1. Is faoi réir na gcoinníollacha a leagtar síos san Airteagal seo a thugtar an chumhacht don Choimisiún chun gníomhartha tarmligthe a ghlacadh.

2. Déanfar an chumhacht chun gníomhartha tarmligthe a ghlacadh dá dtagraítear in Airteagal 5(13) agus in Airteagal 27, a thabhairt don Choimisiún go ceann tréimhse cúig bliana ón 1 Lúnasa 2019. Déanfaidh an Coimisiún, tráth nach déanaí ná naoi mí roimh dheireadh na tréimhse 5 bliana, tuarascáil a tharraingt suas maidir le tarmligean na cumhachta. Déanfar tarmligean na cumhachta a fhadú go hintuigthe go ceann tréimhsí comhfhaid, mura rud é go gcuireann Parlaimint na hEorpa nó an Chomhairle in aghaidh an fhadaithe sin tráth nach déanaí ná 3 mhí roimh dheireadh gach tréimhse.

3. Féadfaidh Parlaimint na hEorpa nó an Chomhairle tarmligean na cumhachta dá dtagraítear in Airteagal 5(13) agus Airteagal 27 a chúlghairm aon tráth. Déanfaidh cinneadh chun cúlghairm a dhéanamh deireadh a chur le tarmligean na cumhachta atá sonraithe sa chinneadh sin. Gabhfaidh éifeacht leis an lá tar éis fhoilsiú an chinnidh in Iris Oifigiúil an Aontais Eorpaigh nó ar dháta is déanaí a shonrófar sa chinneadh. Ní dhéanfaidh sé difear do bhailíocht aon ghníomhartha tarmligthe atá i bhfeidhm cheana.

4. Roimh dó gníomh tarmligthe a ghlacadh, rachaidh an Coimisiún i mbun comhairliúchán le saineolaithe arna n-ainmniú ag gach Ballstát i gcomhréir leis na prionsabail a leagtar síos i gComhaontú Idirinstitiúideach an 13 Aibreán 2016 maidir le Reachtóireacht Níos Fearr.

5. A luaithe a ghlacfaidh sé gníomh tarmligthe, tabharfaidh an Coimisiún fógra, an tráth céanna, do Pharlaimint na hEorpa agus don Chomhairle faoi.

6. Ní thiocfaidh gníomh tarmligthe a ghlactar de bhun Airteagal 5(13) agus Airteagal 27 i bhfeidhm ach amháin mura mbeidh aon agóid curtha in iúl ag Parlaimint na hEorpa ná ag an gComhairle laistigh de thréimhse 2 mhí tar éis fógra faoin ngníomh sin a thabhairt do Pharlaimint na hEorpa agus don Chomhairle nó más rud é, roimh dhul in éag na tréimhse sin, go mbeidh Parlaimint na hEorpa agus an Chomhairle araon tar éis a chur in iúl don Choimisiún nach ndéanfaidh siad aon agóid. Déanfar an tréimhse sin a fhadú 2 mhí ar thionscnamh Pharlaimint na hEorpa nó na Comhairle.

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Article 28

Committee procedure

1. The Commission shall be assisted by the Committee on Safe Seas and the Prevention of Pollution from Ships (COSS) established by Regulation (EC) No 2099/2002 of the European Parliament and of the Council ( 1 ). That committee shall be a committee within the meaning of Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers ( 2 ).

2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply. Where the Committee delivers no opinion, the Commission shall not adopt the draft implementing act and the third subparagraph of Article 5(4) of Regulation (EU) No 182/2011 shall apply.

Article 29

Penalties

Member States shall lay down systems of penalties for breaching the national provisions adopted pursuant to Articles 3, 5, 7, 9 to 15, 17, 18, 19, 22, 23, 24 and Annex I, and shall take all the measures necessary to ensure that they are implemented. The penalties provided for must be effective, proportionate and dissuasive.

Article 30

Transitional provisions

In respect of those seafarers who commenced approved seagoing service, an approved education and training programme or an approved training course before 1 July 2013, Member States may continue to issue, recognise and endorse, until 1 January 2017, certificates of competency in accordance with the requirements of this Directive as they were before 3 January 2013.

Until 1 January 2017, Member States may continue to renew and revalidate certificates of competency and endorsements in accordance with the requirements of this Directive as they were before 3 January 2013.

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Article 31

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 32

Repeal

Directive 2001/25/EC, as amended by the Directives listed in Annex III, Part A, is repealed, without prejudice to the obligations of the Member States relating to the time limits for transposition into national law of the Directives set out in Annex III, Part B.

References to the repealed Directive shall be construed as references to this Directive and shall be read in accordance with the correlation table in Annex IV.

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Article 34

Addressees

This Directive is addressed to the Member States.

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ANNEX I

TRAINING REQUIREMENTS OF THE STCW CONVENTION, REFERRED TO IN ARTICLE 3

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 reference 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 certificates 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 stowage;

(3) Controlling the operation of the ship and care for persons on board;

(4) Marine engineering;

(5) Electrical, electronic and control engineering;

(6) Maintenance and repair;

(7) Radio communications,

at the following levels of responsibility:

(1) Management level;

(2) Operational level;

(3) 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

Regulation II/1

Mandatory minimum requirements for certification of officers in charge of a navigational watch on ships of 500 gross tonnage or more

1. Every officer in charge of a navigational watch serving on a seagoing ship of 500 gross tonnage or more shall hold a certificate of competency.

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 12 months as part of an approved training programme which includes onboard 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 36 months;

2.3. have performed, during the required seagoing service, bridge watchkeeping 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; and

2.6. meet the standard of competence specified in Section A-VI/1, paragraph 2, Section A-VI/2 paragraphs 1 to 4, Section A-VI/3 paragraphs 1 to 4 and Section A-VI/4 paragraphs 1 to 3 of the STCW Code.

Regulation II/2

Mandatory minimum requirements for certification of masters and chief mates on ships of 500 gross tonnage or more

Master and chief mate on ships of 3000 gross tonnage or more

1. Every master and chief mate on a seagoing ship of 3 000 gross tonnage or more shall hold a certificate of competency.

2. Every candidate for certification shall:

2.1. meet the requirements for certification as an officer in charge of a navigational 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; and

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 3 000 gross tonnage or more.

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 3 000 gross tonnage shall hold a certificate of competency.

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; and

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.

Regulation II/3

Mandatory minimum requirements for certification of officers in charge of a navigational watch and of masters on ships of less than 500 gross tonnage

Ships not engaged on near-coastal voyages

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 a certificate of competency for ships of 500 gross tonnage or more.

2. Every master serving on a seagoing ship of less than 500 gross tonnage not engaged on near-coastal voyages shall hold a certificate of competency 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 watch

3. Every officer in charge of a navigational watch on a seagoing ship of less than 500 gross tonnage engaged on near-coastal voyages shall hold a certificate of competency.

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-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 Member State; or 4.2.2. approved seagoing service in the deck department of not less than 36 months;

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 officers in charge of a navigational watch on ships of less than 500 gross tonnage engaged on near-coastal voyages; and

4.5. meet the standard of competence specified in Section A-VI/1, paragraph 2, Section A-VI/2 paragraphs 1 to 4, Section A-VI/3 paragraphs 1 to 4 and Section A-VI/4 paragraphs 1 to 3 of the STCW Code;

Master

5. Every master serving on a seagoing ship of less than 500 gross tonnage engaged on near-coastal voyages shall hold a certificate of competency.

6. Every candidate for certification as master on a seagoing ship of 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; and

6.4. meet the standard of competence specified in Section A-VI/1, paragraph 2, Section A-VI/2 paragraphs 1 to 4, Section A-VI/3 paragraphs 1 to 4 and Section A-VI/4 paragraphs 1 to 3 of the STCW Code.

Exemptions

7. The Administration, if it considers that a ship’s size and the conditions of its voyage are such as to render the application of the full requirements 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 ship or class of ships from some of the requirements, bearing in mind the safety of all ships which may be operating in the same waters.

Regulation II/4

Mandatory minimum requirements for certification of ratings forming part of a navigational watch

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; and

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 points 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.

Regulation II/5

Mandatory minimum requirements for certification of ratings as able seafarer deck

1. Every able seafarer deck serving on a seagoing ship of 500 gross tonnage or more shall be duly certificated.

2. Every candidate for certification shall:

2.1. be not less than 18 years of age;

2.2. meet the requirements for certification as a rating forming part of a navigational watch;

2.3. while qualified to serve as a rating forming part of a navigational watch, have approved seagoing service in the deck department of: 2.3.1. not less than 18 months; or 2.3.2. not less than 12 months and have completed approved training; and

2.4. meet the standard of competence specified in Section A-II/5 of the STCW Code.

3. Every Member State shall compare the standards of competence which it required of Able Seamen for certificates issued before 1 January 2012 with those specified for the certificate in Section A-II/5 of the STCW Code, and shall determine the need, if any, for requiring these personnel to update their qualifications.

4. Until 1 January 2017, a Member State which is also a party to the International Labour Organisation Certification of Able Seamen Convention, 1946 (No 74) may continue to renew and revalidate certificates and endorsements in accordance with the provisions of the aforesaid Convention.

5. Seafarers may be considered by the Member State to have met the requirements of this regulation if they have served in a relevant capacity in the deck department for a period of not less than 12 months within the last 60 months preceding the entry into force of the present Directive.

CHAPTER III

ENGINE DEPARTMENT

Regulation III/1

Mandatory minimum requirements for certification of officers in charge of an engineering watch in a manned engine-room or designated duty engineers in a periodically unmanned engine-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 a certificate of competency.

2. Every candidate for certification shall:

2.1. be not less than 18 years of age;

2.2. have completed combined workshop skill training and an approved seagoing service of not less than 12 months as part of an approved training programme which includes onboard training which meets the requirements of Section A-III/1 of the STCW Code and is documented in an approved training record book, or otherwise have completed combined workshop skill training and an approved seagoing service of not less than 36 months of which not less than 30 months will be seagoing service in the engine department;

2.3. have performed, during the required seagoing service, engine-room watchkeeping duties under the supervision of the chief engineer officer or a qualified engineer officer for a period of not less than six months;

2.4. have completed approved education and training and meet the standards of competence specified in Section A-III/1 of the STCW Code; and

2.5. meet the standards of competence specified in Section A-VI/1, paragraph 2, Section A-VI/2, paragraphs 1 to 4, Section A-VI/3, paragraphs 1 to 4 and Section A-VI/4, paragraphs 1 to 3 of the STCW Code.

Regulation III/2

Mandatory minimum requirements for certification of chief engineer officers and second engineer officers on ships powered by main propulsion machinery of 3 000 kW propulsion power or more

1. Every chief engineer officer and second engineer officer on a seagoing ship powered by main propulsion machinery of 3 000 kW propulsion power or more shall hold a certificate of competency.

2. Every candidate for certification shall:

2.1. meet the requirements for certification as an officer in charge of an engineering watch on seagoing ships powered by main propulsion machinery of 750 kW propulsion power or more and have approved seagoing service in that capacity: 2.1.1. for certification as a second engineer officer, not less than 12 months as qualified engineer officer; and 2.1.2. for certification as chief engineer officer, 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 second engineer officer; and

2.2. have completed approved education and training and meet the standard of competence specified in Section A-III/2 of the STCW Code.

Regulation III/3

Mandatory minimum requirements for certification of chief engineer officers and second engineer officers on ships powered by main propulsion machinery of between 750 kW and 3 000 kW propulsion power

1. Every chief engineer officer and second engineer officer on a seagoing ship powered by main propulsion machinery of between 750 and 3 000 kW propulsion power shall hold a certificate of competency.

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 assistant 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; and

2.2. have completed approved education and training and meet the standard of competence specified in Section A-III/3 of the STCW Code.

3. Every engineer officer who is qualified to serve as second engineer officer on ships powered by main propulsion machinery of 3 000 kW propulsion power or more, may serve as chief engineer officer on ships powered by main propulsion machinery of less than 3 000 kW propulsion power, provided that the certificate is so endorsed.

Regulation III/4

Mandatory minimum requirements for certification of ratings forming part of a watch in a manned engine-room or designated to perform duties in a periodically unmanned engine-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 propulsion power 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; and

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 points 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.

Regulation III/5

Mandatory minimum requirements for certification of ratings as able seafarer engine in a manned engine-room or designated to perform duties in a periodically unmanned engine-room

1. Every able seafarer engine serving on a seagoing ship powered by main propulsion machinery of 750 kW propulsion power or more shall be duly certificated.

2. Every candidate for certification shall:

2.1. be not less than 18 years of age;

2.2. meet the requirements for certification as a rating forming part of a watch in a manned engine-room or designated to perform duties in a periodically unmanned engine-room;

2.3. while qualified to serve as a rating forming part of an engineering watch, have approved seagoing service in the engine department of: 2.3.1. not less than 12 months; or 2.3.2. not less than six months and have completed approved training; and

2.4. meet the standard of competence specified in Section A-III/5 of the STCW Code.

3. Every Member State shall compare the standards of competence which it required of ratings in the engine department for certificates issued before 1 January 2012 with those specified for the certificate in Section A-III/5 of the STCW Code, and shall determine the need, if any, for requiring these personnel to update their qualifications.

4. Seafarers may be considered by the Member State to have met the requirements of this regulation if they have served in a relevant capacity in the engine department for a period of not less than 12 months within the last 60 months preceding the entry into force of this Directive.

Regulation III/6

Mandatory minimum requirements for certification of electro-technical officer

1. Every electro-technical officer serving on a seagoing ship powered by main propulsion machinery of 750 kW propulsion power or more, shall hold a certificate of competency.

2. Every candidate for certification shall:

2.1. be not less than 18 years of age;

2.2. have completed not less than 12 months of combined workshop skills training and approved seagoing service of which not less than six months will be seagoing service as part of an approved training programme which meets the requirements of Section A-III/6 of the STCW Code and is documented in an approved training record book, or otherwise not less than 36 months of combined workshop skills training and approved seagoing service of which not less than 30 months will be seagoing service in the engine department;

2.3. have completed approved education and training and meet the standards of competence specified in Section A-III/6 of the STCW Code; and

2.4. meet the standards of competence specified in Section A-VI/1, paragraph 2, Section A-VI/2, paragraphs 1 to 4, Section A-VI/3 paragraphs 1 to 4 and Section A-VI/4 paragraphs 1 to 3 of the STCW Code.

3. Every Member State shall compare the standards of competence which it required of electro-technical officers for certificates issued before 1 January 2012 with those specified for the certificate in Section A-III/6 of the STCW Code, and shall determine the need for requiring those personnel to update their qualifications.

4. Seafarers may be considered by the Member State to have met the requirements of this regulation if they have served in a relevant capacity on board a ship for a period of not less than 12 months within the last 60 months preceding the entry into force of this Directive and meet the standard of competence specified in Section A-III/6 of the STCW Code.

5. Notwithstanding the above requirements of paragraphs 1 to 4, a suitably qualified person may be considered by a Member State able to perform certain functions of Section A-III/6.

Regulation III/7

Mandatory minimum requirements for certification of electro-technical rating

1. Every electro-technical rating serving on a seagoing ship powered by main propulsion machinery of 750 kW propulsion power or more shall be duly certificated.

2. Every candidate for certification shall:

2.1. be not less than 18 years of age;

2.2. have completed approved seagoing service including not less than 12 months training and experience; or

2.3. have completed approved training, including an approved period of seagoing service which shall not be less than six months; or

2.4. have qualifications that meet the technical competences in table A-III/7 of the STCW Code and an approved period of seagoing service, which shall not be less than three months; and

2.5. meet the standard of competence specified in Section A-III/7 of the STCW Code;

3. Every Member State shall compare the standards of competence which it required of electro-technical ratings for certificates issued before 1 January 2012 with those specified for the certificate in Section A-III/7 of the STCW Code, and shall determine the need, if any, for requiring these personnel to update their qualifications.

4. Seafarers may be considered by the Member State to have met the requirements of this regulation if they have served in a relevant capacity on board a ship for a period of not less than 12 months within the last 60 months preceding the entry into force of this Directive and meet the standard of competence specified in Section A-III/7 of the STCW Code.

5. Notwithstanding the above requirements of paragraphs 1 to 4, a suitably qualified person may be considered by a Member State able to perform certain functions of Section A-III/7.

CHAPTER IV

RADIO COMMUNICATION AND RADIO OPERATORS

Explanatory note

Mandatory provisions relating to radio watchkeeping are set forth in the Radio Regulations and in the SOLAS 74, as amended. Provisions for radio maintenance are set forth in the SOLAS 74, as amended, and the guidelines adopted by the International Maritime Organisation.

Regulation IV/1

Application

1. Except as provided in point 2, the provisions of this chapter apply to radio operators on ships operating in the global maritime distress and safety system (GMDSS) as prescribed by the SOLAS 74, as amended.

2. Radio operators on ships not required to comply with the provisions of the GMDSS in Chapter IV of the SOLAS 74 are not required to meet the provisions of this chapter. Radio operators on these ships are, nevertheless, required to comply with the Radio Regulations. Member States shall ensure that the appropriate certificates as prescribed by the Radio Regulations are issued to or recognised in respect of such radio operators.

Regulation IV/2

Mandatory minimum requirements for certification of GMDSS radio operators

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 Member State under the provisions of the