Council Directive 98/35/EC of 25 May 1998 amending Directive 94/58/EC on the minimum level of training of seafarers
Date: 1998-05-25
Institutions: Council of the European Union
Subjects: crew, maritime shipping, recognition of diplomas, transport safety, vocational training

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I

(Acts  whose  publication  is  obligatory)

COUNCIL  DIRECTIVE  98/35/EC

of  25  May  1998

amending  Directive  94/58/EC  on  the  minimum  level  of  training  of  seafarers

THE  COUNCIL  OF  THE  EUROPEAN  UNION,

Having  regard  to  the  Treaty  establishing  the  European
Community,  and  in  particular  Article  84(2)  thereof,

Having  regard  to  the  proposal  from  the  Commission (1),

Having regard to the opinion of the Economic and Social
Committee (2),

Acting  in  accordance  with  the  procedure  laid  down  in
Article  189c  of  the  Treaty (3),

(1) Whereas  Article  12(2)  of  Council  Directive
94/58/EC  of  22  November  1994  on  the  minimum
level  of  training  of  seafarers (4)  provides  that
following  the  adoption  of  new  instruments  or
protocols  to  the  International  Convention  on
and
Standards 
Watchkeeping  for  Seafarers  (STCW  Convention)
the  Council,  acting  on  a  proposal  from  the
Commission, 
the  detailed
shall  decide  on 
arrangements  for  ratifying  those  new  instruments
or  protocols,  while  ensuring  that  they  are  applied
uniformly  and  simultaneously 
in  the  Member
States;

Training,  Certification 

of 

(2) Whereas  Article  9(3)(a)  of  that  Directive  provides
that  a  set  of  criteria  for  the  recognition  of  types  of
certificates issued by institutes or administrations of
third  countries  will  be  defined  by  the  Council,
acting  in  accordance  with  the  conditions  of  the
Treaty;

(3) Whereas  actions  to  be  taken  at  Community  level
in  the  field  of  maritime  safety  and  pollution

(1) OJ  C  367,  5.12.1996,  p.  1.
(2) OJ  C  206,  7.7.1997,  p.  29.
(3) Opinion  of  the  European  Parliament  of  29  May  1997  (OJ
C  182,  16.6.1997,  p.  34),  Council  common  position  of
20 October 1997 (OJ C 389, 22.12.1997, p. 1) and Decision
of  the  European  Parliament  of  29  January  1998  (OJ  C  56,
23.2.1998).

prevention  at 
internationally  agreed  rules  and  standards;

should  be 

sea 

in 

line  with

(4) Whereas  in  its  resolution  of  24  March  1997  on  a
new  strategy  to  increase  the  competitiveness  of
Community  shipping (5)  the  Council  sought  to
promote  the  employment  of  Community  seafarers
and shore-based personnel; whereas to that end the
Council agreed that action should be undertaken to
help  Community  shipping  to  continue  striving  for
high  quality  and  improve  its  competitiveness  by
ensuring  the  continued  high-quality  training  of
Community 
ranks  and  of
shore-based  personnel;

seafarers  of  all 

(5) Whereas  the  1995  Conference  of  Parties  to  the
STCW  Convention  adopted  the  revised  Annex  to
the  STCW  Convention  and  the  Seafarers’  Training,
Certification  and  Watchkeeping  Code 
(STCW
Code);

(6) Whereas  Member  States  may  establish  standards
higher  than  the  minimum  standards  laid  down  in
the  STCW  Convention  and  the  Directive;

(7) Whereas  the  Regulations  of  the  STCW  Convention
set  out 
in  Annex  I  to  this  Directive  should
be  supplemented  by  the  mandatory  provisions
contained  in  Part  A  of  the  STCW  Code;  whereas
Part  B  of  the  STCW  Code  contains  recommended
guidance  intended  to  assist  Parties  to  the  STCW
Convention  and  those  involved  in  implementing,
applying  or  enforcing  its  measures  to  give  the
Convention  full  and  complete  effect  in  a  uniform
manner;

(8) Whereas  the  establishment  of  common  criteria  for
the Member States’ recognition of certificates issued
by  third  countries  should  be  based  on  the  training
and  certification  requirements  as  agreed  in  the
framework  of  the  STCW  Convention;

(4) OJ  L  319,  12.12.1994,  p.  28.

(5) OJ  C  109,  8.4.1997,  p.  1.

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(9) Whereas,  in  the  interests  of  safety  at  sea,  Member
States  should  recognise  qualifications  proving  the
required  level  of  training  only  where  these  are
issued  by  or  on  behalf  of  Parties  to  the  STCW
Convention  which  have  been  identified  by  the
Maritime  Safety  Committee  of  the  International
Maritime  Organisation  (IMO)  as  having  been
shown  to  have  given,  and  still  to  be  giving,  full
effect  to  the  standards  set  out  in  that  Convention;
whereas,  to  bridge  the  time  gap  until  that  IMO
Committee  has  been  able  to  carry  out  such
identification,  a  procedure  for  the  preliminary
recognition  of  certificates  is  needed;

(10) Whereas,  where  appropriate,  maritime  institutes,
training  programmes  and  courses  should  be
inspected;  whereas  criteria  for  such 
inspection
should  therefore  be  established;

(11) Whereas the Council should review Annex II in the
light  of  the  experience  gained  in  applying  the
Directive,  acting  on  a  proposal  to  be  submitted  by
the  Commission  within  five  years  of  the  adoption
of  this  Directive;

(12) Whereas  until  1  February  2002  Member  States
should be allowed to accept on their ships seafarers
holding  certificates  issued  in  accordance  with  the
provisions  which  applied  before  1  February  1997,
the  date  of  entry  into  force  of  the  revised  STCW
Convention,  provided  that  those  seafarers  began
their  service  or  training  before  1  August  1998;

(13) Whereas  for  the  enhancement  of  maritime  safety
and  pollution  prevention  at  sea  provisions  on
minimum  rest  periods  for  watchkeeping  personnel
in
should  be  established 
accordance  with  the  STCW  Convention;  whereas
those  provisions  should  be  reviewed  within  the
framework  of  the  establishment  of  a  possible
separate  instrument  on  working  time;

this  Directive 

in 

(14) Whereas 

it 

include 

is  appropriate  to 

in  this
Directive  provisions  on  port  State  control,  pending
the  amendment  of  Council  Directive  95/21/EC  of
19  June  1995  concerning  the  enforcement,  in
respect  of  shipping  using  Community  ports  and
sailing  in  the  waters  under  the  jurisdiction  of  the
Member  States,  of  international  standards  for  ship
safety,  pollution  prevention  and  shipboard  living
and  working  conditions  (port  State  control) (1)  in
order  to  transfer  to  that  Directive  the  provisions
on  port  State  control  which  are 
in
included 
Articles  8(6),  10,  10a  and  11  of  this  Directive,

(1) OJ  L  157,  7.7.1995,  p.  1.

HAS  ADOPTED  THIS  DIRECTIVE:

Article  1

Directive  94/58/EC  is  hereby  amended  as  follows:

(1) Article  2  shall  be  replaced  by  the  following:

‘Article  2

take 

the  measures
1. Member  States  shall 
necessary  to  ensure  that  seafarers  serving  on  ships
as defined in Article 1 are trained as a minimum in
accordance  with  the  requirements  of  the  STCW
Convention,  as  laid  down  in  Annex  I  to  this
in
Directive,  and  hold  certificates  as  defined 
Article  3  or  appropriate  certificates  as  defined  in
Article  4(aa).

take 

the  measures
2. Member  States  shall 
necessary  to  ensure  that  those  crew  members  that
must  be  certified  in  accordance  with  Regulation
III/10.4  of  the  International  Convention  on  the
Safety  of  Life  at  Sea  (SOLAS  Convention)  are
trained  and  certificated  in  accordance  with  this
Directive.’;

(2)

the  following  Article  shall  be  inserted:

‘Article  3a

Certificates  and  endorsements

Certificates shall be issued in accordance with

1.
Article 5d.

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

Certificates shall be in the official language or

3.
languages  of  the  issuing  Member  State.

In  respect  of  radio  operators,  Member  States

4.
may:

(1)

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

(2)

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

At 

5.
the  discretion  of  a  Member  State
endorsements  may  be  incorporated  in  the  format
of  the  certificates  being  issued  as  provided  for  in

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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 
in
paragraph  2  of  that  section.

that  set  out 

endorse 

6.
A Member State which recognises a certificate
under  the  procedure  laid  down  in  Article  9(3)(a)
shall 
its
recognition.  The  form  of  the  endorsement  used
shall be that set out in paragraph 3 of section A-I/2
of  the  STCW  Code.

to  attest 

certificate 

that 

The endorsements referred to in paragraphs 5

7.
and  6:

(1) may  be  issued  as  separate  documents;

(2)

(3)

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

shall  each  expire  as  soon  as  the  certificate
endorsed  expires  or  is  withdrawn,  suspended
or  cancelled  by  the  Member  State  or  third
country  which  issued  it  and,  in  any  case,
within  five  years  of  its  date  of  issue.

The  capacity 

8.
in  which  the  holder  of  a
certificate  is  authorised  to  serve  shall  be  identified
in  the  form  of  endorsement  in  terms  identical
in  the  applicable  safe-manning
to  those  used 
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 
roman
characters and Arabic figures, taking account of the
variations  permitted  under  section  A-I/2.

is  provided 

information 

in 

Subject 

10.
to  Article  9(4)  any  certificate
required  by  the  Directive  must  be  kept  available  in
its  original  form  on  board  the  ship  on  which  the
holder  is  serving.’;

(3) Article  4  shall  be  replaced  by  the  following:

‘Article  4

For  the  purposes  of  this  Directive:

(a) “master”  shall  mean 
command  of  a  ship;

the  person  having

(b) “officer”  shall  mean  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;

(c) “deck  officer”  shall  mean  an  officer  qualified
the  provisions  of

in  accordance  with 
Chapter  II  of  Annex  I;

(d) “chief  mate”  shall  mean  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;

(e) “engineer  officer”  shall  mean  an  officer
qualified in accordance with the provisions of
Chapter  III  of  Annex  I;

(f) “chief  engineer  officer”  shall  mean  the  senior
engineer officer responsible for the mechanical
propulsion 
and
the 
maintenance  of  the  mechanical  and  electrical
installations  of  the  ship;

operation 

and 

(g) “second  engineer  officer”  shall  mean  the
engineer  officer  next  in  rank  to  the  chief
engineer officer upon whom the responsibility
the
the  mechanical  propulsion  and 
for 
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;

(h) “assistant  engineer  officer”  shall  mean  a
person  under  training  to  become  an  engineer
officer and designated as such by national law
or  regulations;

(i) “radio operator” shall mean a person holding
an appropriate certificate issued or recognised
by 
the
the  competent  authorities  under 
provisions  of  the  Radio  Regulations;

(j) “rating”  shall  mean  a  member  of  the  ship’s
crew  other  than  the  master  or  an  officer;

(k) “seagoing  ship”  shall  mean  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;

(l) “ship flying the flag of a Member State” shall
mean  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;

(m) “near-coastal  voyages”  shall  mean  voyages  in
the  vicinity  of  a  Member  State  as  defined  by
that  Member  State;

(n) “propulsion  power”  shall  mean  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;

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(o) “oil  tanker”  shall  mean  a  ship  constructed
and  used  for  the  carriage  of  petroleum  and
petroleum  products  in  bulk;

(p) “chemical 

tanker” 

shall  mean  a 

ship
constructed  or  adapted  and  used  for  the
carriage in bulk of any liquid product listed in
Chapter  17  of 
International  Bulk
the 
Chemical  Code  as  in  force  at  the  time  of  the
adoption  of  this  Directive;

(q) “liquefied-gas  tanker”  shall  mean  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  as  in  force  at
the  time  of  the  adoption  of  this  Directive;

(r) “Radio  Regulations”  shall  mean  the  revised
radio  regulations,  adopted  by  the  World
Administrative  Radio  Conference  for  the
Mobile  Service  as  in  force  at  the  time  of  the
adoption  of  this  Directive;

(s) “passenger  ship”  shall  mean  a  seagoing  ship
which  carries  more  than  12  passengers;

(t) “fishing  vessel”  shall  mean  a  vessel  used  for
catching  fish  or  other  living  resources  of  the
sea;

(u) “STCW  Convention” 

it  applies 

shall  mean 

the
International  Convention  on  Standards  of
Training,  Certification  and  Watchkeeping  for
Seafarers  as 
the  matters
concerned taking into account the transitional
provisions  of  Article  VII  and  Regulation  I/15
including,  where
of  the  Convention  and 
appropriate,  the  applicable  provisions  of  the
STCW  Code,  all  being  applied  as  in  force  at
the  time  of  the  adoption  of  this  Directive;

to 

Regulations, 

(v) “radio  duties”  shall  include,  as  appropriate,
watchkeeping  and  technical  maintenance  and
repairs  conducted  in  accordance  with  the
International
Radio 
Convention  for  the  Safety  of  Life  at  Sea
(1974) (SOLAS) as in force at the time of the
adoption  of 
the
discretion  of  each  Member  State,  the  relevant
International
the 
of 
recommendations 
Maritime  Organisation  (IMO);

this  Directive  and,  at 

the 

(w) “ro-ro passenger ship” shall mean a passenger
ship  with  ro-ro  cargo  spaces  or  special-
category  spaces  as  defined  in  the  SOLAS
Convention;

(x) “STCW  Code”  shall  mean  the  Seafarers’
Training,  Certification  and  Watchkeeping
(STCW)  Code  as  adopted  by  Resolution  2  of
the  1995  STCW  Conference  of  Parties,  as  in
force  at  the  time  of  the  adoption  of  this
Directive;

(y) “function” shall mean 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;

(z) “company”  shall  mean  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 
these
regulations;

company 

the 

on 

by 

(aa) “appropriate 

certificate” 

shall  mean  a
certificate  issued  and  endorsed  in  accordance
with  this  Directive  and  entitling  the  lawful
holder  thereof  to  serve  in  the  capacity  and
perform  the  functions  involved  at  the  level  of
responsibility  specified  therein  on  a  ship  of
the  type,  tonnage,  power  and  means  of
propulsion  concerned  while  engaged  on  the
particular voyage concerned;

(ab) “seagoing  service”  shall  mean  service  on
board  a  ship  relevant  to  the  issue  of  a
certificate  or  other  qualification;

(ac) “approved”  shall  mean  approved  by  a
this

in  accordance  with 

Member  State 
Directive;

(ad) “third  country”  shall  mean  any  country

which  is  not  a  Member  State;

(ae) “month”  shall  mean  a  calendar  month  or  30
days  made  up  of  periods  of  less  than  one
month.’;

(4)

the  following  Articles  shall  be  inserted:

‘Article  5a

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  of  another  Party  to  the  STCW

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

2. With respect to ships entitled to fly the flag of
a  Member  State  regularly  engaged  on  near-coastal
voyages  off  the  coast  of  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  the
Directive 
in  respect  of  ships  not  engaged  on
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
Directive.

requirements  of 

appropriate 

the 

to 

its 

fly 

A  Member  State  may  afford  a  ship  which  is
3.
the
flag 
entitled 
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.

the  benefits  of 

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  this  Article,  Member  States
shall communicate to the Commission the details of
the  provisions  they  have  adopted.

Article  5b

Penalties  or  disciplinary  measures

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

the  withdrawal, 

suspension 

for 

of  such  certificates  for  such  cause  and  for  the
prevention  of  fraud.

2.
Each  Member  State  shall  prescribe  penalties
or  disciplinary  measures  for  cases  in  which  the
provisions of its national legislation giving effect to
the  Directive  are  not  complied  with  in  respect  of
ships  entitled  to  fly  its  flag  or  of  seafarers  duly
certificated  by  it.

3.
In  particular,  such  penalties  or  disciplinary
measures  shall  be  prescribed  and  enforced  in  cases
in  which:

(1) a  company  or  a  master  has  engaged  a  person
not  holding  a  certificate  as  required  by  the
Directive;

(2) a  master  has  allowed  any  function  or  service
in  any  capacity  which  under  the  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  9(4);  or

(3) a  person  has  obtained  by  fraud  or  forged
documents  an  engagement  to  perform  any
function  or  serve  in  any  capacity  which  under
the  Directive  must  be  performed  or  filled  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 
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.

the  Directive 

specified 

Article  5c

Quality standards

1.

Each  Member  State  shall  ensure  that:

(1) all 

training,  assessment  of 

competence,
certification,  endorsement  and  revalidation
activities  carried  out  by  non-governmental
agencies  or  entities  under  its  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;

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(2) where  governmental  agencies  or  entities
perform  such  activities,  there  shall  be  a
quality-standards  system;

(3)

(4)

the  education  and  training  objectives  and
to  be
standards  of  competence 
related 
achieved  are  clearly  defined  and 
identify
the  levels  of  knowledge,  understanding  and
skills  appropriate  to  the  examinations  and
assessments 
STCW
required  under 
Convention.  The  objectives  and  related  quality
standards  may  be  specified  separately  for
different  courses  and  training  programmes
and  shall  cover  the  administration  of  the
certification  system;

the 

the field 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.

shall  also 

evaluations  of 

ensure 
that
2. Member  States 
independent 
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:

(1) all 

control 

internal  management 

and
monitoring  measures  and  follow-up  actions
comply  with  planned  arrangements  and
documented  procedures  and  are  effective
in  ensuring  achievement  of 
the  defined
objectives;

(2)

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

(3)

timely  action  is  taken  to  correct  deficiencies.

3.
A  report  relating  to  each  evaluation  carried
be
out 
paragraph 
pursuant 
communicated  by  the  Member  State  concerned  to
the  Commission  within  six  months  of  the  date  of
the  evaluation.

shall 

to 

2 

Article  5d

Medical  standards  —  Issue  and  registration  of
certificates

1. Member  States  shall  establish  standards  of
medical  fitness  for  seafarers,  particularly  regarding
eyesight  and  hearing.

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

Each  candidate  for  certification  shall  provide

3.
satisfactory  proof:

(1) of  his  identity;

(2)

(3)

that  his  age  is  not  less  than  that  prescribed  in
the  regulations  in  Annex  I  relevant  to  the
certificate  applied  for;

that  he  meets  the  standards  of  medical  fitness,
particularly  regarding  eyesight  and  hearing,
established  by  the  Member  State  and  holds  a
valid document attesting to his medical fitness,
issued  by  a  duly  qualified  medical  practitioner
recognised  by  the  competent  authority  of  the
Member  State;

(4) of  having  completed  the  seagoing  service  and
any  related  compulsory  training  prescribed  in
the  regulations  in  Annex  I  for  the  certificate
applied  for;

(5)

in  the  regulations 

that  he  meets  the  standards  of  competence
in  Annex  I
prescribed 
for the capacities, functions and levels that are
to  be  identified  in  the  endorsement  to  the
certificate.

4.

Each  Member  State  shall  undertake:

(1)

(2)

to  maintain  a  register  or  registers  of  all
certificates  and  endorsements  for  masters  and
officers and, as appropriate, ratings, which are
issued,  have  expired  or  have  been  revalidated,
suspended,  cancelled  or  reported 
lost  or
destroyed  and  of  dispensations  issued;

such 

certificates, 

endorsements 

to  make  available  information  on  the  status
of 
and
dispensations  to  other  Member  States  or  other
parties  to  the  Convention  and  companies
which  request  verification  of  the  authenticity
and  validity  of  certificates  produced  to  them
by  seafarers  seeking  recognition  of 
their
certificates  or  employment  on  board  ship.

Article  5e

Revalidation  of  certificates

1.
Every  master,  officer  and  radio  operator
holding a certificate issued or recognised under any
chapter  of  Annex  I  other  than  Chapter  VI  who  is
serving  at  sea  or  intends  to  return  to  sea  after  a
period  ashore  shall,  in  order  to  continue  to  qualify
for  seagoing  service,  be  required  at  intervals  not
exceeding  five  years:

(1)

to  meet  the  standards  of  medical  fitness
prescribed  by  Article  5d;  and

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(2)

to establish  continued professional  competence
in  accordance  with  section  A-I/11  of  the
STCW  Code.

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

shall  compare 

Each  Member  State 

3.
the
standards  of  competence  which  it  required  of
candidates  for  certificates  issued  before  1  February
2002  with  those  specified  for  the  appropriate
certificate  in  Part  A  of  the  STCW  Code,  and  shall
determine  the  need  to  require  the  holders  of  such
certificates  to  undergo  appropriate  refresher  and
updating  training  or  assessment.

include  changes 

Refresher  and  updating  courses  shall  be  approved
and 
in  relevant  national  and
international  regulations  concerning  the  safety  of
life  at  sea  and  the  protection  of  the  marine
environment  and  take  account  of  any  updating  of
the  standard  of  competence  concerned.

Each Member State shall, in consultation with
4.
those  concerned, 
the
formulation  of  a  structure  of  refresher  and
updating  courses  as  provided  for  in  section  A-I/11
of  the  STCW  Code.

formulate  or  promote 

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  and  the  protection  of  the
marine  environment  are  made  available  to  ships
entitled  to  fly  its  flag.

Article  5f

Use  of  simulators

standards 

The  performance 

1.
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:

(1) all  mandatory  simulator-based  training;

(2) any  assessment  of  competence  required  by
Part A of the STCW Code which is carried out
by  means  of  a  simulator;

(3) any  demonstration,  by  means  of  a  simulator,
of  continued  proficiency  required  by  Part  A  of
the  STCW  Code.

Simulators 

2.
into  use
before  1  February  2002  may  be  exempted  from
full  compliance  with  the  performance  standards

installed  or  brought 

referred to in paragraph 1 at the discretion of each
Member  State.

Article  5g

Responsibilities  of  companies

In  accordance  with  paragraphs  2  and  3
1.
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:

(1) 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;

(2)

its  ships  are  manned  in  accordance  with  the
applicable  safe-manning  requirements  of  the
Member  State;

(3) 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;

(4) on  being  assigned  to  any  of  its  ships  seafarers
are  familiarised  with  their  specific  duties  and
installations,
with  all 
equipment,  procedures  and  ship  characteristics
that  are  relevant  to  their  routine  or  emergency
duties;

ship  arrangements, 

(5)

can 

ship’s 

complement 

effectively
the 
coordinate  their  activities  in  an  emergency
situation  and  in  performing  functions  vital  to
safety  or  to  the  prevention  or  mitigation  of
pollution.

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.

The 

shall 

company 

3.
provide  written
instructions to the master of each ship to which the
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:

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(1)

the  allocation  of  a  reasonable  period  of  time
during  which  each  newly  employed  seafarer
will have an opportunity to become acquainted
with:

1.1.

1.2.

the  specific  equipment  the  seafarer  will
be  using  or  operating;  and

watchkeeping, 

ship-specific 
safety,
environmental  protection  and  emergency
procedures and arrangements the seafarer
needs  to  know  to  perform  the  assigned
duties  properly;

(2)

the  designation  of  a  knowledgeable  crew
member  who  will  be  responsible  for  ensuring
that  each  newly  employed  seafarer  is  given  an
opportunity  to  receive  essential  information  in
a  language  the  seafarer  understands.

Article  5h

Fitness  for  duty

1.
For the purpose of preventing fatigue Member
States  shall  establish  and  enforce  rest  periods  for
watchkeeping  personnel  and  require  that  watch
systems  are  so  arranged  that  the  efficiency  of
watchkeeping  personnel  is  not  impaired  by  fatigue
and that duties are so organised that the first watch
at  the  start  of  a  voyage  and  subsequent  relieving
watches are sufficiently rested and otherwise fit for
duty.

All  persons  who  are  assigned  duty  as  officer
2.
in charge of a watch or as a rating forming part of
a watch shall be allowed at least 10 hours of rest in
any  24  hour  period.

The  hours  of  rest  may  be  divided  into  no
3.
more  than  two  periods,  one  of  which  shall  be  at
least  six  hours  long.

4.
The  requirements  for  rest  periods  laid  down
in  paragraphs  1  and  2  need  not  be  maintained  in
the  event  of  an  emergency  or  drill  or  in  other
overriding  operational  conditions.

5. Notwithstanding  paragraphs  2  and  3,  the
minimum  period  of  10  hours  may  be  reduced  to
not  less  than  six  consecutive  hours  provided  that
no  such  reduction  shall  extend  beyond  two  days
and  at  least  70  hours  of  rest  are  provided  each
seven-day  period.

6. Member  States  shall  require 
schedules  be  posted  where 
accessible.’;

that  watch
they  are  easily

(5) Article  7  shall  be  replaced  by  the  following:

‘Article  7

— give  the  training  referred  to  in  Article  5,

— organise  and/or  supervise  the  examinations

where  required,

— issue  the  certificates  of  competence  referred  to

in  Article  5d,  and

— grant 

the  dispensations  provided 

for 

in

Article  6.

2. Member  States  shall  ensure  that:

Training  and  assessment

(a) all  training  and  assessment  of  seafarers  is:

(1)

structured  in  accordance  with  the  written
programmes,  including  such  methods  and
media  of  delivery,  procedures  and  course
material  as  are  necessary  to  achieve  the
prescribed  standard  of  competence;  and

(2) conducted,  monitored, 

supported  by  persons  qualified 
accordance  with  paragraphs 
(d), 
and  (f);

evaluated  and
in
(e)

(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;

Qualifications  of 
assessors

instructors, 

supervisors  and

(c)

supervisors  and  assessors  are
instructors, 
appropriately  qualified  for  the  particular  types
and 
training  or  assessment  of
competence  of  seafarers  either  on  board  or
ashore;

levels  of 

In-service training

(d) any  person  conducting  in-service  training  of  a
seafarer,  either  on  board  or  ashore,  which
in  qualifying  for
intended  to  be  used 
is 
certification  under  the  Directive:

(1) has  an  appreciation  of 

training
programme  and  an  understanding  of
the  specific  training  objectives  for  the
particular 
being
of 
conducted,

training 

type 

the 

(2)

is  qualified  in  the  task  for  which  training
is  being  conducted,  and

(3)

if  conducting  training  using  a  simulator:

3.1. has  received  appropriate  guidance  in
instructional techniques involving the
use  of  simulators,  and

3.2. has  gained  practical  operational
experience  on  the  particular  type  of
simulator  being  used;

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

(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

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understanding  of  the  training  programme  and
the  specific  objectives  for  each  type  of  training
being  conducted;

Assessment  of  competence

(f) any  person  conducting  in-service  assessment  of
the  competence  of  a  seafarer,  either  on  board
or  ashore,  which  is  intended  to  be  used  in
qualifying  for  certification:

(1) has  an  appropriate  level  of  knowledge
and  understanding  of  the  competence  to
be  assessed;

(2)

is  qualified  in  the  task  for  which  the
assessment  is  being  made;

(3) has  received  appropriate  guidance 
assessment  methods  and  practice;

in

(4) has gained practical assessment experience;

and

(5)

if  conducting  assessment 
involving  the
use  of  simulators,  has  gained  practical
assessment  experience  on  the  particular
type  of  simulator  under  the  supervision
and  to  the  satisfaction  of  an  experienced
assessor;

Training  and  assessment  within  an  institution

training,  a 

(g) when  a  Member  State  recognises  a  course
of 
institution,  or  a
training 
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 
standard
provisions  of  Article  5e.  Such  qualification,
experience and application of quality standards
training 
shall 
in
instructional 
training  and
techniques  and 
assessment  methods  and  practice  and  comply
with  all  applicable  requirements  of  paragraphs
(d)  to  (f).’;

incorporate  appropriate 

the  quality 

(6) Article  8  shall  be  replaced  by  the  following:

‘Article  8

Member  States  shall  ensure  that:

(1) without prejudice to paragraphs 2 and 4, 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
and  understanding  of
reception 
timely 
messages  and  instructions;

(2) 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,  to  ensure  effective  crew
in  safety  matters,  a  working
performance 

language  isestablished  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 
in  that
language.

instructions  and  report  back 

If  the  working  language  is  not  an  official
language  of  the  Member  State,  all  plans  and
lists 
include
translations  into  the  working  language;

that  must  be  posted  shall 

lists 

to  assist  passengers 

(3) on board passenger ships, personnel nominated
on  muster 
in
emergency  situations  are  readily  identifiable
that  are
and  have  communication  skills 
sufficient for that purpose, taking into account
an  appropriate  and  adequate  combination  of
any  of  the  following  factors:

(a)

(b)

(c)

(d)

(e)

the  language  or  languages  appropriate  to
the  principal  nationalities  of  passengers
carried  on  a  particular  route;

likelihood  that  an  ability  to  use
the 
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;

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,
devices
muster 
or 
verbal
communication  is  impractical);

life-saving 
routes  when 

evacuation 

stations, 

to  which  complete  safety
the  extent 
instructions  have  been  provided 
to
passengers  in  their  native  language  or
languages;

languages 

in  which 

the 
emergency
announcements  may  be  broadcast  during
an  emergency  or  drill  to  convey  critical
guidance  to  passengers  and  to  facilitate
crew  members  in  assisting  passengers;

(4) on  board  oil  tankers,  chemical  tankers  and
liquefied  gas  tankers  flying  the  flag  of  a
Member  State,  the  master,  officers  and  ratings
are able to communicate with each other in (a)
common  working  language(s);

(5)

there  are  adequate  means  for  communication
shore-based
between 

ship  and 

the 

the 

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authorities, either in a common language or in
the  language  of  those  authorities;

(6) 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.’;

(7) Articles  9(3)  and  (4)  shall  be  replaced  by  the

following:

‘3.
Seafarers  who  do  not  possess  the  certificates
referred to in Article 3 may be allowed to serve on
ships flying the flag of a Member State, provided a
decision  on  the  recognition  of  their  appropriate
certificates has been adopted through the procedure
set  out  below:

(a) when 

endorsement, 

recognising,  by 

an
appropriate  certificate 
third
country,  the  Member  State  shall  proceed  in
accordance with the procedures and criteria set
out  in  Annex  II;

issued  by  a 

(b) Member  States  shall  notify  the  Commission,
which  shall  inform  the  other  Member  States,
of 
they  have
recognised or intend to recognise in accordance
with  the  criteria  referred  to  in  (a);

the  appropriate  certificates 

(c)

if  within  three  months  of  Member  States
having  been  informed  by  the  Commission  in
accordance  with  paragraph  (b)  an  objection  is
raised  by  a  Member  State  or  the  Commission
on  the  basis  of  the  criteria  referred  to  in  (a),
the  Commission  shall  subject  the  matter  to
the  procedure  laid  down  in  Article  13.  The
Member State concerned shall take appropriate
measures  to  implement  the  decisions  taken  in
accordance  with  the  procedure  laid  down  in
Article  13;

its 

the 

third 

country 

evaluation 

(d) when  an  appropriate  certificate  issued  by  a
third  country  has  been  recognised  under  the
above  procedure,  and  if,  after  the  completion
of 
the  Maritime  Safety
Committee  of  the  IMO  has  not  been  able  to
identify 
as  having
demonstrated  that  full  and  complete  effect
is  given  to  the  provisions  of  the  STCW
Convention,  the  Commission  shall  subject  the
in
matter 
Article  13  in  order  to  reassess  the  recognition
of  the  certificates  issued  by  that  country.  The
Member State concerned shall take appropriate
measures  to  implement  the  decisions  taken  in
accordance  with  the  procedure  laid  down  in
Article  13;

the  procedure 

laid  down 

to 

(e)

the  Commission  shall  draw  up  and  update  a
list  of  the  appropriate  certificates  that  have
been  recognised  under  the  above  procedure.
The  list  shall  be  published  in  the  Official
Journal  of  the  European  Communities.

4. Notwithstanding  Article  3a(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 
that
application  for  an  endorsement  has  been  submitted
to  the  competent  authorities.’;

readily  available 

shall  be  kept 

(8) Articles  10  and  11  shall  be  replaced  by  the

following:

‘Article  10

Port  State  control

1.
Irrespective  of  the  flag  it  flies  each  ship,  with
the  exception  of  those  types  of  ships  excluded  by
Article  1,  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  be  certificated  by  the  STCW  Convention  are  so
certificated  or  hold  appropriate  dispensations.

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  10a

Port  State  control  procedures

1. Without prejudice to Directive 95/21/EC, port
State control pursuant to Article 10 shall be limited
to  the  following:

— verification that every seafarer serving on board
who must be certificated in accordance with the
STCW  Convention  holds  an  appropriate
certificate  or  a  valid  dispensation  or  provides
documentary  proof  that  an  application  for  an
endorsement  attesting  recognition  has  been
submitted  to  the  authorities  of  the  Flag  State,

— verification  that  the  numbers  and  certificates  of
the seafarers serving on board are in accordance
with  the  safe-manning  requirements  of  the
authorities  of  the  Flag  State.

2.
The  ability  of  the  ship’s  seafarers  to  maintain
watchkeeping  standards  as  required  by  the  STCW

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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:

— the  ship  has  been  involved  in  a  collision,

grounding  or  stranding,

— there  has  been  a  discharge  of  substances  from
the ship when under way, at anchor or at berth
which 
international
illegal  under  any 
is 
convention,

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

the 

— the  ship  is  otherwise  being  operated  in  such  a
manner as to pose a danger to persons, property
or  the  environment,

— a  certificate  has  been  fraudulently  obtained  or
the  holder  of  a  certificate  is  not  the  person  to
whom  that  certificate  was  originally  issued,

— 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 
of
competence.

seafarer’s 

level 

the 

Article  11

Detention

Without  prejudice  to  Directive  95/21/EC,  the
following  deficiencies,  in  so  far  as  it  has  been
determined  by  the  officer  carrying  out  the  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:

— 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 
the
authorities  of  the  Flag  State,

submitted 

to 

— failure  of  navigational  or  engineering-watch
arrangements  to  conform  to  the  requirements
specified  for  the  ship  by  the  Flag  State,

— absence  in  a  watch  of  a  person  qualified  to
operate  equipment  essential  to  safe  navigation,
safety  radiocommunications  or  the  prevention
of  marine  pollution,

— failure 

to  provide  proof  of  professional
proficiency  for  the  duties  assigned  to  seafarers
for  the  safety  of  the  ship  and  the  prevention  of
pollution,

— 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.’;

(9) Article  12  shall  be  amended  as  follows:

— in  paragraph  1,  ‘(q),  (r)  and  (s)’  shall  be

replaced  by  ‘(p),  (q),  (r),  (w)  and  (x)’;

— the  following  paragraph  1a  shall  be  inserted:

‘The  Council  shall  decide,  in  accordance  with
the conditions of the Treaty, on any amendment
of  Annex  II,  acting  on  a  proposal  to  be
submitted  by  the  Commission  within  five  years
of  the  adoption  of  the  amending  Directive
98/35/EC (*)  in  the  light  of  the  experience
gained  in  applying  this  Directive;

(*) OJ  L  172,  17.6.1998,  p.  1.’,

— in  paragraph  2,  ‘(v)’  shall  be  replaced  by  ‘(u)’;

(10)

the  following  Article  shall  be  inserted:

‘Article  13a

Transitional  provisions

1.
Until  1  February  2002  Member  States  may
continue to issue, recognise and endorse certificates
in  accordance  with  the  provisions  which  applied
in  respect  of  those
before  1  February  1997 
seafarers  who  began  approved  seagoing  service,
approved  education  and  training  programmes  or
approved  training  courses  before  1  August  1998.

2.
Until  1  February  2002  Member  States  may
continue  to  renew  and  revalidate  certificates  and
endorsements  in  accordance  with  the  provisions
which  applied  before  1  February  1997.

— failure  to  comply  with  the  applicable  safe-

manning  requirements  of  the  Flag  State,

3. Where pursuant to Article 5e a Member State
reissues or extends the validity of certificates which

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it  originally  issued  under  the  provisions  which
applied  before  1  February  1997,  the  Member  State
may,  at  its  discretion,  replace  tonnage  limitations
appearing  on  the  original  certificates  as  follows:

(1) “200 gross registered tonnes” may be replaced

by  “500  gross  tonnage”;

(2) “1 600  gross  registered 

tonnes”  may  be

replaced  by  “3 000  gross  tonnage”’;

(11)

the  Annex  shall  be  replaced  by  Annex  I  to  this
Directive;

(12) Annex  II  to  this  Directive  shall  be  added.

Article  2

The  Member  States  shall  bring  into  force  the  laws,
1.
regulations  and  administrative  provisions  necessary  to
comply  with  this  Directive  by  1  July  1999  or  within  one
year  of  the  adoption  of  this  Directive,  whichever  is
earlier.

2. When the Member States adopt those measures they
shall  contain  references  to  this  Directive  or  shall  be
accompanied  by  such  references  on  the  occasion  of  their
official  publication.  The  methods  of  making  such
references  shall  be  laid  down  by  the  Member  States.

3. Member  States  shall  lay  down  systems  of  penalties
for  breaching  the  national  provisions  adopted  pursuant
to this Directive and shall take all the measures necessary
to  ensure  that  those  penalties  are  applied.  The  penalties
thus  provided  for  shall  be  effective,  proportionate  and
dissuasive.

4.
The  Member  States  shall  immediately  communicate
to  the  Commission  the  texts  of  all  the  provisions  of
national  law  which  they  adopt  in  the  field  governed  by
this  Directive.  The  Commission  shall  inform  the  other
Member  States  thereof.

Article  3

This  Directive  shall  enter  into  force  on  the  day  of  its
publication  in  the  Official  Journal  of  the  European
Communities.

Article  4

This  Directive  is  addressed  to  the  Member  States.

Done  at  Brussels,  25  May  1998.

For  the  Council

The  President

J.  CUNNINGHAM

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ANNEX  I

TRAINING  REQUIREMENTS  OF  THE  STCW  CONVENTION,  REFERRED  TO  IN  ARTICLE  2
OF  THE  DIRECTIVE

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) Radiocommunications

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  an  appropriate  certificate.

2.

Every  candidate  for  certification  shall:

2.1. be  not  less  than  18  years  of  age;

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2.2. have approved seagoing service of not less than one year as part of an approved training programme
which  includes  on-board  training  which  meets  the  requirements  of  section  A-II/1  of  the  STCW  Code
and is documented in an approved training record book, or otherwise have approved seagoing service
of  not  less  than  three  years;

2.3. have  performed,  during  the  required  seagoing  service,  bridge  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

designated  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.

Regulation  II/2

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

M a s t e r   a n d   c h i e f   m a t e   o n   s h i p s   o f   3 0 0 0   g r o s s   t o n n a g e   o r   m o r e

1.

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

2.

Every  candidate  for  certification  shall:

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

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.

M a s t e r   a n d   c h i e f   m a t e   o n   s h i p s   o f   b e t w e e n   5 0 0   a n d   3 0 0 0   g r o s s   t o n n a g e

3.

Every master and chief mate on a seagoing ship of between 500 and 3 000 gross tonnage shall hold
an  appropriate  certificate.

4.

Every  candidate  for  certification  shall:

4.1.

4.2.

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;

for certification as master, meet the requirements of an officer in charge of a navigational watch on
ships of 500 gross tonnage or more and have approved seagoing service of not less than 36 months
in  that  capacity;  however,  this  period  may  be  reduced  to  not  less  than  24  months  if  not  less  than
12  months  of  such  seagoing  service  has  been  served  as  chief  mate;

4.3.

have completed approved training and meet the standard of competence specified in section A-II/2 of
the  STCW  Code  for  masters  and  chief  mates  on  ships  of  between  500  and  3 000  gross  tonnage.

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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

S h i p s   n o t   e n g a g e d   o n   n e a r - c o a s t a l   v o y a g e s

1.

2.

Every  officer  in  charge  of  a  navigational  watch  serving  on  a  seagoing  ship  of  less  than  500  gross
tonnage  not  engaged  on  near-coastal  voyages  shall  hold  an  appropriate  certificate  for  ships  of  500
gross  tonnage  or  more.

Every master serving on a seagoing ship of less than 500 gross tonnage not engaged on near-coastal
voyages  shall  hold  an  appropriate  certificate  for  service  as  master  on  ships  of  between  500  and
3 000  gross  tonnage.

S h i p s   e n g a g e d   o n   n e a r - c o a s t a l   v o y a g e s

Officer  in  charge  of  a  navigational  watch

3.

4.

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  an  appropriate  certificate.

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
Administration,  or

4.2.2. approved  seagoing  service  in  the  deck  department  of  not  less  than  three  years;

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.

Master

5.

6.

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

Every  candidate  for  certification  as  master  on  a  seagoing  ship  of  less  than  500  gross  tonnage
engaged  on  near-coastal  voyages  shall:

6.1.

be  not  less  than  20  years  of  age;

6.2.

6.3.

have  approved  seagoing  service  of  not  less  than  12  months  as  officer  in  charge  of  a  navigational
watch;

have  completed  approved  education  and  training  and  meet  the  standard  of  competence  specified  in
section  A-II/3  of  the  STCW  Code  for  masters  on  ships  of  less  than  500  gross  tonnage  engaged  on
near-coastal voyages.

7.

E x e m p t i o n s

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.

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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;

2.3. meet  the  standard  of  competence  specified  in  section  A-II/4  of  the  STCW  Code.

3.

4.

The  seagoing  service,  training  and  experience  required  by  subparagraphs  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.

Seafarers  may  be  considered  by  a  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 one year
within  the  last  five  preceding  the  entry  into  force  of  the  STCW  Convention  for  that  Member
State.

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  an  appropriate  certificate.

2.

Every  candidate  for  certification  shall:

2.1.

be  not  less  than  18  years  of  age;

2.2.

2.3.

have  completed  not  less  than  six  months’  seagoing  service  in  the  engine  department  in  accordance
with  section  A-III/1  of  the  STCW  Code;

have  completed  approved  education  and  training  of  at  least  30  months  which  includes  on-board
training  documented  in  an  approved  training  record  book  and  meet  the  standards  of  competence
specified  in  section  A-III/1  of  the  STCW  Code.

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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  an  appropriate
certificate.

2.

Every  candidate  for  certification  shall:

2.1. meet  the  requirements  for  certification  as  an  officer  in  charge  of  an  engineering  watch  and:

2.1.1.

for certification as a second engineer officer, shall have not less than 12 months’ approved seagoing
service  as  assistant  engineer  officer  or  engineer  officer,  and

2.1.2.

for  certification  as  chief  engineer  officer,  shall  have  not  less  than  36  months’  approved  seagoing
service of which not less than 12 months shall have been served as an engineer officer in a position
of  responsibility  while  qualified  to  serve  as  second  engineer  officer;

2.2.

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

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  an  appropriate
certificate.

2.

Every  candidate  for  certification  shall:

2.1. meet  the  requirements  for  certification  as  an  officer  in  charge  of  an  engineering  watch  and:

2.1.1.

for  certification  as  second  engineer  officer,  shall  have  not  less  than  12  months’  approved  seagoing
service  as  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  a  second  engineer
officer;

2.2.

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

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 not less than 12 months’ approved seagoing service shall have been served as an engineer officer
in  a  position  of  responsibility  and  the  certificate  is  so  endorsed.

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

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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;

2.3. meet  the  standard  of  competence  specified  in  section  A-III/4  of  the  STCW  Code.

3.

4.

The  seagoing  service,  training  and  experience  required  by  subparagraphs  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.

Seafarers  may  be  considered  by  a  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  one
year  within  the  last  five  years  preceding  the  entry  into  force  of  the  STCW  Convention  for  that
Member  State.

CHAPTER  IV

RADIOCOMMUNICATION  AND  RADIO  PERSONNEL

Explanatory  note

Mandatory  provisions  relating  to  radio  watchkeeping  are  set  forth  in  the  Radio  Regulations  and  in  the
International Convention for the Safety of Life at Sea, 1974, as amended. Provisions for radio maintenance
are  set  forth  in  the  International  Convention  for  the  Safety  of  Life  at  Sea,  1974,  as  amended,  and  the
guidelines  adopted  by  the  International  Maritime  Organisation.

Regulation  IV/1

Application

1. Except  as  provided  in  paragraph  3,  the  provisions  of  this  chapter  apply  to  radio  personnel  on  ships
operating in the global maritime distress and safety system (GMDSS) as prescribed by the International
Convention  for  the  Safety  of  Life  at  Sea,  1974,  as  amended.

2. Until  1  February  1999,  radio  personnel  on  ships  complying  with  the  provisions  of  the  International
Convention  for  the  Safety  of  Life  at  Sea,  1974,  in  force  immediately  prior  to  1  February  1992  shall
comply with the provisions of the International Convention on Standards of Training, Certification and
Watchkeeping  for  Seafarers,  1978,  in  force  prior  to  December  1992.

3. Radio  personnel  on  ships  not  required  to  comply  with  the  provisions  of  the  GMDSS  in  Chapter  IV  of
the SOLAS Convention are not required to meet the provisions of this chapter. Radio personnel on these
ships are, nevertheless, required to comply with the Radio Regulations. The Administration shall ensure
that  the  appropriate  certificates  as  prescribed  by  the  Radio  Regulations  are  issued  to  or  recognised  in
respect  of  such  radio  personnel.

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Regulation  IV/2

Mandatory  minimum  requirements  for  certification  of  GMDSS  radio  personnel

1.

2.

Every person in charge of or performing radio duties on a ship required to participate in the GMDSS
shall hold an appropriate certificate related to the GMDSS, issued or recognised by the Administration
under  the  provisions  of  the  Radio  Regulations.

In  addition,  every  candidate  for  certification  under  this  regulation  for  service  on  a  ship  which  is
required  by  the  International  Convention  for  the  Safety  of  Life  at  Sea,  1974,  as  amended,  to  have  a
radio  installation  shall:

2.1. be  not  less  than  18  years  of  age;  and

2.2. have  completed  approved  education  and  training  and  meet  the  standard  of  competence  specified  in

section  A-IV/2  of  the  STCW  Code.

SPECIAL  TRAINING  REQUIREMENTS  FOR  PERSONNEL  ON  CERTAIN  TYPES  OF  SHIPS

CHAPTER  V

Regulation  V/1

Mandatory  minimum  requirements  for  the  training  and  qualification  of  masters,  officers  and  ratings
on  tankers

1. Officers  and  ratings  assigned  specific  duties  and  responsibilities  relating  to  cargo  or  cargo  equipment
on  tankers  shall  have  completed  an  approved  shore-based  fire-fighting  course  in  addition  to  the
training  required  by  Regulation  VI/1  and  shall  have  completed:

1.1. at least three months of approved seagoing service on tankers in order to acquire adequate knowledge

of  safe  operational  practices;  or

1.2. an approved tanker-familiarisation course covering at least the syllabus given for that course in section

A-V/1  of  the  STCW  Code.

However  the  Administration  may  accept  a  period  of  supervised  seagoing  service  shorter  than  that
prescribed  by  subparagraph  1,  provided:

1.3.

the  period  so  accepted  is  not  less  than  one  month;

1.4.

the  tanker  is  of  less  than  3 000  gross  tonnage;

1.5.

the  duration  of  each  voyage  on  which  the  tanker  is  engaged  during  the  period  does  not  exceed  72
hours;

1.6.

the  operational  characteristics  of  the  tanker  and  the  number  of  voyages  and  loading  and  discharging
operations  completed  during  the  period  allow  the  same  level  of  knowledge  and  experience  to  be
acquired.

2. Masters,  chief  engineer  officers,  chief  mates,  second  engineer  officers  and  any  person  with  immediate
responsibility  for  loading,  discharging  and  care  in  transit  or  handling  of  cargo  shall,  in  addition  to
meeting  the  requirements  of  subparagraph  1.1  or  1.2,  have:

2.1. experience  appropriate  to  their  duties  on  the  type  of  tanker  on  which  they  serve;  and

2.2. completed  an  approved  specialised  training  programme  which  at  least  covers  the  subjects  set  out  in
section  A-V/1  of  the  STCW  Code  that  are  appropriate  to  their  duties  on  the  oil  tanker,  chemical
tanker  or  liquefied  gas  tanker  on  which  they  serve.

3. Within  two  years  after  the  entry  into  force  of  the  STCW  Convention  for  a  Member  State,  seafarers
may be considered to have met the requirements of subparagraph 2.2 if they have served in a relevant
capacity  on  board  the  type  of  tanker  concerned  for  a  period  of  not  less  than  one  year  within  the
preceding  five  years.

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4.

Administration  shall  ensure  that  an  appropriate  certificate  is  issued  to  masters  and  officers,  who  are
qualified  in  accordance  with  paragraphs  1  or  2  as  appropriate,  or  that  an  existing  certificate  is  duly
endorsed.  Every  rating  who  is  so  qualified  shall  be  duly  certificated.

Mandatory minimum requirements for the training and qualifications of masters, officers, ratings and other
personnel  on  ro-ro  passenger  ships

Regulation  V/2

1. This regulation applies to masters, officers, ratings and other personnel serving on board ro-ro passenger
ships  engaged  on  international  voyages.  Administrations  shall  determine  the  applicability  of  these
requirements  to  personnel  serving  on  ro-ro  passenger  ships  engaged  on  domestic  voyages.

2. Prior to being assigned shipboard duties on board ro-ro passenger ships, seafarers shall have completed
the  training  required  by  paragraphs  4  to  8  below  in  accordance  with  their  capacities,  duties  and
responsibilities.

3. Seafarers  who  are  required  to  be  trained  in  accordance  with  paragraphs  4,  7  and  8  below  shall  at

intervals  not  exceeding  five  years  undertake  appropriate  refresher  training.

4. Masters,  officers  and  other  personnel  designated  on  muster  lists  to  assist  passengers  in  emergency
situations  on  board  ro-ro  passenger  ships  shall  have  completed  training  in  crowd  management  as
specified  in  section  A-V/2,  paragraph  1,  of  the  STCW  Code.

5. Masters,  officers  and  other  personnel  assigned  specific  duties  and  responsibilities  on  board  ro-ro
passenger ships shall have completed the familiarisation training specified in section A-V/2, paragraph 2,
of  the  STCW  Code.

6. Personnel providing direct service to passengers in passenger spaces on board ro-ro passenger ships shall

have  completed  the  safety  training  specified  in  section  A-V/2,  paragraph  3,  of  the  STCW  Code.

7. Masters,  chief  mates,  chief  engineer  officers,  second  engineer  officers  and  every  person  assigned
immediate  responsibility  for  embarking  and  disembarking  passengers,  loading,  discharging  or  securing
cargo, or closing hull openings on board ro-ro passenger ships shall have completed approved training in
passenger safety, cargo safety and hull integrity as specified in section A-V/2, paragraph 4, of the STCW
Code.

8. Masters,  chief  mates,  chief  engineer  officers,  second  engineer  officers  and  any  person  having
responsibility  for  the  safety  of  passengers  in  emergency  situations  on  board  ro-ro  passenger  ships  shall
have  completed  approved  training  in  crisis  management  and  human  behaviour  as  specified  in  section
A-V/2,  paragraph  5,  of  the  STCW  Code.

9. Administrations  shall  ensure  that  documentary  evidence  of  the  training  which  has  been  completed  is

issued  to  every  person  found  qualified  under  the  provisions  of  this  regulation.

EMERGENCY,  OCCUPATIONAL  SAFETY,  MEDICAL  CARE  AND  SURVIVAL  FUNCTIONS

CHAPTER  VI

Regulation  VI/1

Mandatory  minimum  requirements  for  familiarisation,  basic  safety  training  and  instruction  for  all
seafarers

Seafarers  shall  receive  familiarisation  and  basic  safety  training  or  instruction  in  accordance  with  section
A-VI/1  of  the  STCW  Code  and  shall  meet  the  appropriate  standard  of  competence  specified  therein.

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Regulation  VI/2

Mandatory  minimum  requirements  for  the  issue  of  certificates  of  proficiency  in  survival  craft,  rescue  boats
and  fast  rescue  boats

1.

Every candidate for a certificate of proficiency in survival craft and rescue boats other than fast rescue
boats  shall:

1.1. be  not  less  than  18  years  of  age;

1.2. have  approved  seagoing  service  of  not  less  than  12  months  or  have  attended  an  approved  training

course  and  have  approved  seagoing  service  of  not  less  than  six  months;

1.3. meet  the  standard  of  competence  for  certificates  of  proficiency  in  survival  craft  and  rescue  boats  set

out  in  section  A-VI/2,  paragraphs  1  to  4,  of  the  STCW  Code.

2.

Every  candidate  for  a  certificate  of  proficiency  in  fast  rescue  boats  shall:

2.1. be  the  holder  of  a  certificate  of  proficiency  in  survival  craft  and  rescue  boats  other  than  fast  rescue

boats;

2.2. have  attended  an  approved  training  course;

2.3. meet  the  standard  of  competence  for  certificates  of  proficiency  in  fast  rescue  boats  set  out  in  section

A-VI/2,  paragraphs  5  to  8,  of  the  STCW  Code.

Regulation  VI/3

Mandatory  minimum  requirements  for  training  in  advanced  fire-fighting

1.

Seafarers  designated  to  control  fire-fighting  operations  shall  have  successfully  completed  advanced
training in techniques for fighting fire with particular emphasis on organisation, tactics and command
in accordance with the provisions of section A-VI/3 of the STCW Code and shall meet the standard of
competence  specified  therein.

2. Where  training  in  advanced  fire-fighting  is  not  included  in  the  qualifications  for  the  certificate  to  be
issued, a special certificate or documentary evidence, as appropriate, shall be issued indicating that the
holder  has  attended  a  course  of  training  in  advanced  fire-fighting.

Regulation  VI/4

Mandatory  minimum  requirements  relating  to  medical  first  aid  and  medical  care

1.

2.

Seafarers designated to provide medical first aid on board ship shall meet the standard of competence
in  medical  first  aid  specified  in  section  A-VI/4,  paragraphs  1  to  3,  of  the  STCW  Code.

Seafarers  designated  to  take  charge  of  medical  care  on  board  ship  shall  meet  the  standard  of
competence  in  medical  care  on  board  ships  specified  in  section  A-VI/4,  paragraphs  4  to  6,  of  the
STCW  Code.

3. Where  training  in  medical  first  aid  or  medical  care  is  not  included  in  the  qualifications  for  the
certificate  to  be  issued,  a  special  certificate  or  documentary  evidence,  as  appropriate,  shall  be  issued
indicating  that  the  holder  has  attended  a  course  of  training  in  medical  first  aid  or  in  medical  care.

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CHAPTER  VII

ALTERNATIVE  CERTIFICATION

Regulation  VII/1

Issue  of  alternative  certificates

1. Notwithstanding  the  requirements  for  certification  laid  down  in  Chapters  II  and  III  of  this  Annex,
Member  States  may  elect  to  issue  or  authorise  the  issue  of  certificates  other  than  those  mentioned  in
the  regulations  of  those  chapters,  provided  that:

1.1.

1.2.

1.3.

the  associated  functions  and  levels  of  responsibility  to  be  stated  on  the  certificates  and  in  the
endorsements  are  selected  from  and  identical  to  those  appearing  in  sections  A-II/1,  A-II/2,  A-II/3,
A-II/4,  A-III/1,  A-III/2,  A-III/3,  A-III/4  and  A-IV/2  of  the  STCW  Code;

the  candidates  have  completed  approved  education  and  training  and  meet  the  requirements  for
standards  of  competence,  prescribed  in  the  relevant  sections  of  the  STCW  Code  and  as  set  forth  in
section A-VII/1 of this Code, for the functions and levels that are to be stated on the certificates and in
the  endorsements;

the  candidates  have  completed  approved  seagoing  service  appropriate  to  the  performance  of  the
functions and levels that are to be stated on the certificate. The minimum duration of seagoing service
shall be equivalent to the duration of seagoing service prescribed in Chapters II and III of this Annex.
However,  the  minimum  duration  of  seagoing  service  shall  be  not  less  than  as  prescribed  in  section
A-VII/2  of  the  STCW  Code;

1.4.

the candidates for certification who are to perform the function of navigation at the operational level
shall meet the applicable requirements of the regulations in Chapter IV, as appropriate, for performing
designated  radio  duties  in  accordance  with  the  Radio  Regulations;

1.5.

the  certificates  are  issued  in  accordance  with  the  requirements  of  Article  5e  and  the  provisions  set
forth  in  Chapter  VII  of  the  STCW  Code.

2. No  certificate  shall  be  issued  under  this  chapter  unless  the  Member  State  has  communicated  the

information  required  by  the  STCW  Convention  to  the  Commission.

Regulation  VII/2

Certification  of  seafarers

Every seafarer who performs any function or group of functions specified in tables A-II/1, A-II/2, A-II/3 or
A-II/4 of Chapter II or in tables A-III/1, A-III/2, A-III/4 of Chapter III or A-IV/2 of Chapter IV of the STCW
Code,  shall  hold  an  appropriate  certificate.

Regulation  VII/3

Principles  governing  the  issue  of  alternative  certificates

1.

1.1.

A  Member  State  which  elects  to  issue  or  authorise  the  issue  of  alternative  certificates  shall  ensure
that  the  following  principles  are  observed:

no  alternative  certification  system  shall  be  implemented  unless  it  ensures  a  degree  of  safety  at  sea
and  has  a  preventive  effect  as  regards  pollution  at  least  equivalent  to  that  provided  by  the  other
chapters;

1.2.

any  arrangement  for  alternative  certification  issued  under  this  chapter  shall  provide  for  the
interchangeability  of  certificates  with  those  issued  under  the  other  chapters.

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2.

The  principle  of  interchangeability  in  paragraph  1  shall  ensure  that:

2.1.

2.2.

3.

seafarers  certificated  under  the  arrangements  of  Chapters  II  and/or  III  and  those  certificated  under
Chapter  VII  are  able  to  serve  on  ships  which  have  either  traditional  or  other  forms  of  shipboard
organisation;

seafarers  are  not  trained  for  specific  shipboard  arrangements  in  such  a  way  as  would  impair  their
ability  to  take  their  skills  elsewhere.

In issuing any certificate under the provisions of this chapter the following principles shall be taken
into  account:

3.1.

the  issue  of  alternative  certificates  shall  not  be  used  in  itself:

3.1.1.

to  reduce  the  number  of  crew  on  board,

3.1.2.

to  lower  the  integrity  of  the  profession  or  ‘de-skill’  seafarers,  or

3.1.3.

to  justify  the  assignment  of  the  combined  duties  of  the  engine  and  deck  watchkeeping  officers  to  a
single  certificate  holder  during  any  particular  watch;

3.2.

the person in command shall be designated as the master and the legal position and authority of the
master  and  others  shall  not  be  adversely  affected  by  the  implementation  of  any  arrangement  for
alternative certification.

4.

The  principles  contained  in  paragraphs  1  and  2  of  this  regulation  shall  ensure  that  the  competency
of  both  deck  and  engineer  officers  is  maintained.

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ANNEX  II

PROCEDURES  AND  CRITERIA  FOR  THE  RECOGNITION  OF  CERTIFICATES  ISSUED  BY
THIRD  COUNTRIES  AND  THE  APPROVAL  OF  MARITIME  TRAINING  INSTITUTES  AND
MARITIME  EDUCATION  AND  TRAINING  PROGRAMMES  AND  COURSES  REFERRED  TO  IN
ARTICLE  9(3)(a)

A. Procedures  and  criteria  relating  to  certificates

A Member State may recognise and endorse appropriate certificates issued by third countries for service on
board  ships  flying  its  flag  only  if  the  following  conditions  are  fulfilled:

1. Appropriate  certificates  presented  for  recognition  must  have  been  issued  by  a  Party  to  the  STCW

Convention.

2.

(a) The  third  country  that  has  issued  an  appropriate  certificate  must  have  been  identified  by  the
Maritime  Safety  Committee  of  the  International  Maritime  Organisation  as  having  demonstrated
that  full  and  complete  effect  is  given  to  the  provisions  of  the  STCW  Convention.

(b) The  Member  State  must  have  confirmed,  through  all  necessary  measures,  which  may  include  the
inspection  of  facilities  and  procedures,  that  the  requirements  concerning  the  standard  of
competence,  the  issue  and  endorsement  of  certificates  and  record  keeping  are  fully  complied  with,
and  that  a  quality-standards  system  has  been  established  pursuant  to  Regulation  I/8  of  the  STCW
Convention.

3.

If  the  requirement  of  paragraph  2(a)  has  not  been  complied  with  because  the  Maritime  Safety
Committee  of  the  IMO  is  still  in  the  process  of  identifying  the  third  country  in  question  as  having
demonstrated  that  full  and  complete  effect  is  given  to  the  provisions  of  the  STCW  Convention,  the
following  provisions  must  apply:

(a)

the  third  country  must  communicate  to  the  Member  State  and  to  the  IMO:

(i)

the  texts  of  laws,  decrees,  orders,  regulations  and  instruments  relating  to  the  implementation
of  the  STCW  Convention;

(ii)

full  details  of  the  contents  and  duration  of  study  courses,  including  a  clear  statement  of  the
education,  training,  examination,  competency  assessment  and  certification  policies  adopted;

(iii) national examination and other requirements for each type of certificate issued in accordance

with  the  STCW  Convention;

(iv) a  sufficient  number  of  specimen  certificates  that  comply  with  the  STCW  Convention;

(v)

information  on  governmental  organisation;

(vi) a  concise  explanation  of  the  legal  and  administrative  measures  provided  and  taken  to  ensure
compliance  particularly  concerning  training  and  assessment  and  the  issue  and  registration  of
certificates;

(vii) a  concise  outline  of  the  procedures  followed  to  authorise,  accredit  or  approve  training  and
examinations, and competency assessments required by the STCW Convention, the conditions
attached  thereto,  and  a  list  of  the  authorisations,  accreditation  and  approvals  granted;

the  Member  State  must  compare  the  information  communicated  with  all  the  relevant  requirements
of  the  STCW  Convention  to  ensure  that  full  and  complete  effect  is  given  to  the  provisions  of  the
STCW  Convention;

the  Member  State  must  have  confirmed,  through  all  necessary  measures,  which  may  include  the
inspection  of  facilities  and  procedures,  that  the  requirements  concerning  the  standard  of
competence,  the  issue  and  endorsement  of  certificates  and  record  keeping  are  fully  complied  with,
and  that  a  quality-standards  system  has  been  established  pursuant  to  Regulation  I/8  of  the  STCW
Convention;

(b)

(c)

(d) on the basis of statistical data on the main maritime labour supplying countries, a list containing the
names  of  third  countries  where,  in  addition  to  the  procedure  referred  to  above,  the  inspection  of
maritime institutes or training programmes and courses is mandatory must be adopted and updated
through  the  procedure  laid  down  in  Article  13.

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4. When  accrediting  or  approving  maritime  institutes  or  training  programmes  and  courses  Member  States
must  apply  the  criteria  laid  down  in  Part  B  of  this  Annex  in  addition  to  either  paragraph  2  or,  as
appropriate,  paragraph  3.

5. The  Member  State  must  ensure  that  an  undertaking  is  agreed  with  the  third  country  concerned  that
prompt  notification  will  be  given  of  any  significant  change  in  the  arrangements  for  training  and
certification  provided  in  accordance  with  the  STCW  Convention.

6. A  certificate  presented  for  recognition  must  bear,  be  accompanied  by,  or  incorporate  in  its  wording  a

valid  endorsement  attesting  its  issue  by  the  above  Party.

7. Member States must introduce measures to ensure that seafarers who present for recognition certificates
for  functions  at  management  level  have  an  appropriate  knowledge  of  the  maritime  legislation  of  the
Member  State  relevant  to  the  functions  they  are  permitted  to  perform.

8. Certificates  and  endorsements  issued  by  a  Member  State  under  the  provisions  of  this  Article  in
recognition of or attesting the recognition of a certificate issued by a third country must not be used as
the  basis  for  further  recognition  by  another  Member  State.

B. Criteria  for  the  accreditation  or  approval  of  maritime  training  institutes  and  maritime  education  and
training  programmes  and  courses

I. To  obtain  approval  as  a  maritime  training  institute  authorised  to  conduct  education  and  training
programmes and courses accepted by a Member State as meeting the requirements for service on board
ships  flying  its  flag,  a  maritime  training  institute  must:

1.

have  appointed  instructors  who:

1.1.

have  an  appreciation  of  the  training  programme  and  an  understanding  of  the  specific  training
objectives  for  the  particular  type  of  training  to  be  conducted;

1.2.

are  qualified  in  the  task  for  which  the  training  is  to  be  conducted;

1.3.

if  using  a  simulator:

1.3.1. have  received  appropriate  guidance  in  instructional  techniques  involving  the  use  of  simulators,

and

1.3.2. have  gained  practical  operational  experience  on  the  particular  type  of  simulator  to  be  used;

2.

3.

have  appointed  training  supervisors,  appropriate  to  the  approved  training  programmes  and
courses  to  be  conducted  at  the  institute,  who  have  a  full  understanding  of  each  approved
training  programme  and  course  they  are  to  supervise  including  its  specific  objectives;

have  appointed  assessors  who  have  received  appropriate  training  in  assessment  methods  and
practice  and:

3.1.

have  an  appropriate  level  of  knowledge  and  understanding  of  the  competence  to  be  assessed,

3.2.

are  qualified  in  the  task  for  which  the  assessment  is  to  be  made,

3.3.

have  received  appropriate  guidance  in  assessment  methods  and  practice,

3.4.

have  gained  practical  assessment  experience,  and

3.5.

if  they  are  to  conduct  assessment  involving  the  use  of  simulators,  have  gained  practical
assessment  experience  on  the  particular  type  of  simulator  that  is  to  be  employed,  under  the
supervision  and  to  the  satisfaction  of  an  experienced  assessor;

4.

5.

6.

maintain records of all certificates and diplomas issued to students who complete their maritime
education or training at the institute, incorporating details of the education and training received
and  the  relevant  dates,  together  with  their  full  names  and  dates  and  places  of  birth;

make available information on the status of such certificates and diplomas and on education and
training  as  appropriate;

continuously monitor its training and assessment activities through a quality-standards system to
ensure  achievement  of  its  defined  objectives  including  those  concerning  the  qualifications  and
experience  of  its  instructors  and  assessors;

L 172/26

EN

Official  Journal  of  the  European  Communities

17.6.98

7.

undergo  evaluation  at  intervals  of  not  more  than  five  years,  by  suitably  qualified  persons  who
are not themselves involved in the training or assessment activities concerned, so as to verify that
the  administrative  and  operational  procedures  at  all  levels  within  the  institute  are  managed,
organised,  undertaken,  supervised  and  monitored  internally  in  order  to  ensure  their  fitness  for
purpose  and  achievement  of  stated  objectives.

II. To  obtain  approval  as  meeting  the  maritime  education  and  training  requirements  for  service  on  board

ships  flying  the  flag  of  a  Member  State,  a  training  programme  or  course  must:

1. be  structured  in  accordance  with  written  programmes  which  include  such  methods  and  media  of
delivery,  procedures,  and  course  material  as  are  necessary  to  achieve  the  prescribed  standard  of
competence;

2. be  conducted,  monitored,  evaluated  and  supported  by  persons  qualified  in  accordance  with

paragraphs  I.1,  I.2  and  I.3.