Proposal for a Directive of the European Parliament and of the Council on the minimum level of training of seafarers (Recast)
Date: 2007-10-16
Institutions: European Commission
Subjects: crew, maritime shipping, professional qualifications, vocational training

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 16.10.2007 
COM(2007) 610 final 

2007/0219 (COD) 

Proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

on the minimum level of training of seafarers 

(Recast) 

(presented by the Commission) 

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1. 

2. 

3. 

4. 

5. 

EXPLANATORY MEMORANDUM 

On 1 April 1987 the Commission decided1 to instruct its staff that all legislative acts 
should  be  codified  after  no  more  than  ten  amendments,  stressing  that  this  is  a 
minimum  requirement  and  that  departments  should  endeavour  to  codify  at  even 
shorter  intervals  the  texts  for  which  they  are  responsible,  to  ensure  that  the 
Community rules are clear and readily understandable. 

The  codification  of  Directive  2001/25/EC  of  the  European  Parliament  and  of  the 
Council  of  4  April  2001  on  the  minimum  level  of  training  of  seafarers2  has  been 
initiated by the Commission. The new Directive was to have superseded the various 
acts incorporated in it3. 

In  the  meantime  Council  Decision  1999/468/EC  of  28  June  1999  laying  down  the 
procedures for the exercise of implementing powers conferred on the Commission4 
has  been  amended  by  Decision  2006/512/EC,  which  introduced  a  regulatory 
procedure  with  scrutiny  for  measures  of  general  scope  designed  to  amend  non-
essential  elements  of  a  basic  instrument  adopted  in  accordance  with  the  procedure 
referred to in Article 251 of the Treaty, including by deleting some of those elements 
or by supplementing the instrument by the addition of new non-essential elements. 

In accordance with the joint statement of the European Parliament, the Council and 
the Commission5 on Decision 2006/512/EC, for this new procedure to be applicable 
to instruments adopted in accordance with the procedure laid down in Article 251 of 
the  Treaty  which  are  already  in  force,  those  instruments  must  be  adjusted  in 
accordance with the applicable procedures. 

It is therefore appropriate to transform the codification of Directive 2001/25/EC into 
a recast in order to incorporate the amendments necessary for the adjustment to the 
regulatory procedure with scrutiny. 

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2 

3 
4 

5 

COM(87) 868 PV. 
Carried out pursuant to the Communication from the Commission to the European Parliament and the 
Council – Codification of the Acquis communautaire, COM(2001) 645 final. 
See Annex III, Part A of this proposal. 
OJ  L  184,  17.7.1999,  p.  23.  Decision  as  amended  by  Decision  2006/512/EC  (OJ  L  200,  22.7.2006, 
p. 11). 
OJ C 255, 21.10.2006, p. 1. 

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(cid:208) 2001/25/EC 

2007/0219 (COD) 

Proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

on the minimum level of training of seafarers 

(Text with EEA relevance) 

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  establishing  the  European  Community,  and  in  particular 
Article 80(2) thereof, 

Having regard to the proposal from the Commission, 
Having regard to the opinion of the European Economic and Social Committee6, 
Having regard to the opinion of the Committee of the Regions7, 
Acting in accordance with the procedure laid down in Article 251 of the Treaty8, 

Whereas: 

(1) 

Directive 2001/25/EC of the European Parliament and of the Council of 4 April 2001 
on the minimum level of training of seafarers9 has been substantially amended several 
times10. Since further amendments are to be made, it should be recast in the interests 
of clarity. 

(cid:216) new 

(2) 

Actions to be taken at Community level in the field of maritime safety and pollution 
prevention at sea should be in line with internationally agreed rules and standards. 

(cid:208) 2001/25/EC Recital 2 

6 
7 
8 
9 

10 

OJ C […], […], p. […]. 
OJ C […], […], p. […]. 
OJ C […], […], p. […]. 
OJ L 136, 18.5.2001, p. 17. Directive as last amended by Directive 2005/45/EC (OJ L 255, 30.9.2005, 
p. 160). 
See Annex III, Part A. 

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(cid:208) 2003/103/EC Recital 2 
(adapted) 

(3) 

In  order  to  maintain  and  develop  the  level  of  knowledge  and  skills  in  the  maritime 
sector  in  the  ⌦ Community ⌫,  it  is  important  to  pay  appropriate  attention  to 
maritime training and the status of seafarers in the ⌦ Community ⌫. 

(4)  ⌦ A ⌫  consistent  level  of  training  ⌦ for  the  award  of  vocational  competency 
certificates to seafarers should be ensured ⌫ in the interests of maritime safety. 

(cid:208) 2001/25/EC Recital 6 (adapted) 

(5) 

(6) 

(7) 

(cid:208) 2001/25/EC Recital 7 (adapted) 

Directive  ⌦ 2005/36/EC  of  the  European  Parliament  and  of  the  Council  of  7 
September  2005 ⌫  on  the  recognition  of  professional  ⌦ qualifications11 ⌫ 
⌦ applies ⌫ to maritime occupations covered by this Directive. ⌦ It ⌫ will help 
promote compliance with the obligations laid down in the Treaty abolishing obstacles 
to the free movement of persons and services between Member States. 

(cid:208) 2001/25/EC Recital 8 (adapted) 

The  mutual  recognition  of  diplomas  and  certificates  provided  for  under  Directives 
⌦ 2005/36/EC ⌫  does  not  always  ensure  a  standardised  level  of  training  for  all 
seafarers serving on board vessels flying the flag of a Member State. This is, however, 
vital from the viewpoint of maritime safety. 

(cid:208) 2001/25/EC Recital 9 (adapted) 

It  is  therefore  essential  to  define  a  minimum  level  of  training  for  seafarers  in  the 
Community.  ⌦ That  level ⌫  should  be  based  on  the  standards  of  training  already 
agreed  at  international  level,  namely  the  International  Maritime  Organisation  (IMO) 
Convention  on  Standards  of  Training,  Certification  and  Watchkeeping  for  Seafarers, 
1978 (STCW Convention), as revised in 1995. All Member States are Parties to that 
Convention. 

(8)  Member States may establish standards higher than the minimum standards laid down 

in the STCW Convention and this Directive. 

(cid:208) 2001/25/EC Recital 10 

(9) 

The Regulations of the STCW Convention ⌦ annexed ⌫ to this Directive should be 
supplemented  by  the  mandatory  provisions  contained  in  Part  A  of  the ⌦ Seafarers' 

(cid:208) 2001/25/EC Recital 11 
(adapted) 

11 

OJ L 255, 30.9.2005, p. 22. 

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Training,  Certification  and  Watchkeeping  Code ⌫  (STCW  Code).  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 uniform manner. 

(cid:208) 2001/25/EC Recital 12 

(10)  For the enhancement of maritime safety and pollution prevention at sea provisions on 
minimum  rest  periods  for  watchkeeping  personnel  should  be  established  in  this 
Directive  in  accordance  with  the  STCW  Convention.  Those  provisions  should  be 
applied  without  prejudice  to  the  provisions  of  Council  Directive  1999/63/EC  of 
21 June 1999  concerning  the  Agreement  on  the  organisation  of  working  time  of 
seafarers  concluded  by  the  European  Community  Shipowners'  Association  (ECSA) 
and the Federation of Transport Workers Unions in the European Union (FST)12. 

(11) 

In  order  to  enhance  maritime  safety  and  prevent  loss  of  human  life  and  maritime 
pollution, communication among crew members on board ships sailing in Community 
waters should be improved. 

(cid:208) 2001/25/EC Recital 13 

(12)  Personnel  on  board  passenger  ships  nominated  to  assist  passengers  in  emergency 

situations should be able to communicate with the passengers. 

(cid:208) 2001/25/EC Recital 14 

(cid:208) 2001/25/EC Recital 15 
(adapted) 

(13)  Crews serving on board tankers carrying noxious or polluting cargo should be capable 
of  coping  efficiently  with  accident  prevention  and  emergency  situations.  It  is 
paramount that a proper communication link between the master, officers and ratings 
is established, covering the requirements provided for in ⌦ this Directive ⌫. 

(cid:208) 2003/103/EC Recital 3 
(adapted) 

(14) 

It is essential to ensure that seafarers holding certificates issued by third countries and 
serving  on  board  Community  ships  have  a  level  of  competence  equivalent  to  that 
required  by  the  STCW  Convention.  ⌦ This ⌫  Directive  ⌦ should ⌫  lay  down 
procedures  and  common  criteria  for  the  recognition  by  the  Member  States  of 
certificates  issued  by  third  countries⌦ ,  based  on  the  training  and  certification 
requirements as agreed in the framework of the STCW Convention ⌫. 

12 

OJ L 167, 2.7.1999, p. 33. 

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(cid:208) 2001/25/EC Recital 18 

(15) 

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  IMO  Maritime  Safety 
Committee  (MSC)  as  having  been  shown  to  have  given,  and  still  to  be  giving,  full 
effect  to  the  standards  set  out  in  that  Convention.  To  bridge  the  time  gap  until  the 
MSC  has  been  able  to  carry  out  such  identification,  a  procedure  for  the  preliminary 
recognition of certificates is needed. 

(16)  Where  appropriate,  maritime  institutes,  training  programmes  and  courses  should  be 

inspected. Criteria for such inspection should therefore be established. 

(cid:208) 2001/25/EC Recital 19 

(17)  ⌦ The Commission ⌫ should be ⌦ assisted by a committee ⌫ in carrying out the 
tasks  related  to  the  recognition  of  certificates  issued  by  training  institutes  or 
administrations of third countries. 

(cid:208) 2001/25/EC Recital 20 
(adapted) 

(cid:208) 2001/25/EC Recital 21 
(adapted) 

(18)  Member  States,  as  port  authorities,  are  required  to  enhance  safety  and  prevention  of 
pollution in Community waters through priority inspection of vessels flying the flag of 
a  third  country  which  has  not  ratified  the  STCW  Convention,  thereby  ensuring  no 
more favourable treatment to vessels flying the flag of a third ⌦ country ⌫. 

(cid:208) 2001/25/EC Recital 22 
(adapted) 

(19) 

It is appropriate to include in this Directive provisions on port State control, pending 
the amendment of [Council Directive 95/21/EC of 19 June 1995 ⌦ on ⌫ port State 
control  ⌦ of  shipping ⌫13]  in  order  to  transfer  to  that  Directive  the  provisions  on 
port State control which are included in this Directive. 

(20) 

It  is  necessary  to  provide  for  procedures  for  adapting  this  Directive  to  changes  in 
international conventions and codes. 

(cid:208) 2001/25/EC Recital 23 

13 

OJ L 157, 7.7.1995, p. 1. Directive as last amended by Commission Directive 1999/97/EC (OJ L 331, 
23.12.1999, p.67⌦ Directive 2002/84/EC of the European Parliament and of the Council (OJ L 324, 
29.11.2002, p. 53) ⌫. 

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(21)  The measures necessary for the implementation of this Directive should be adopted in 
accordance  with  Council  Decision  1999/468/EC  of  28  June  1999  laying  down  the 
procedures for the exercise of implementing powers conferred on the Commission14. 

(cid:208) 2001/25/EC Recital 24  

(cid:216) new 

(22)  Power should be conferred on the Commission in particular to adapt this Directive in 
order  to  apply,  for  the  purposes  of  this  Directive,  subsequent  amendments  to  certain 
international  codes  and  any  relevant  amendment  to  Community  legislation.  Since 
those measures are of general scope and are designed to amend non-essential elements 
of this Directive, they should be adopted in accordance with the regulatory procedure 
with scrutiny provided for in Article 5a of Decision 1999/468/EC. 

(cid:208) 2001/25/EC Recital 25 
(adapted) 

(23)  The Council should review Annex II in the light of the experience gained in applying 
this Directive, acting on a proposal to be submitted by the Commission ⌦ by 25 May 
2008 at the latest ⌫. 

(24)  The  new  elements  introduced  into  this  Directive  only  concern  the  committee 
procedures. They therefore do not need to be transposed by the Member States. 

(cid:216) new 

(25)  This  Directive  should  be  without  prejudice  to  the  obligations  of  the  Members  States 
⌦ relating  to ⌫  the  time-limits  for  transposition  ⌦ into  national  law ⌫  of  the 
Directives set out in Annex III, Part B, 

(cid:208) 2001/25/EC Recital 27 
(adapted) 

HAVE ADOPTED THIS DIRECTIVE: 

(cid:208) 2001/25/EC 

Article 1 

Definitions 

For the purposes of this Directive: 

(1) 

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

14 

OJ  L  184,  17.7.1999,  p.  23.  Decision  as  amended  by  Decision 2006/512/EC  (OJ  L  200,  22.7.2006, 
p. 11). 

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(2) 

(3) 

(4) 

(5) 

(6) 

(7) 

(8) 

(9). 

(10) 

(11) 

(12) 

(13) 

(14) 

(15) 

(16) 

(17) 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(cid:208) 2002/84/EC Art. 11 pt. 1 

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

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

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(18) 

‘Radio  Regulations’  means  the  revised  radio  regulations,  adopted  by  the  World 
Administrative Radio Conference for the Mobile Service in their up-to-date version; 

‘passenger ship’ means a seagoing ship which carries more than 12 passengers; 

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

(cid:208) 2001/25/EC 

(cid:208) 2002/84/EC Art. 11 pt. 1  

‘STCW  convention’  means  the  International  Maritime  Organisation  Convention  on 
Standards of Training, Certification and Watchkeeping for Seafarers as it applies to 
the  matters  concerned  taking  into  account  the  transitional  provisions  of  Article  VII 
and  Regulation  I/15  of  the  Convention  and  including,  where  appropriate,  the 
applicable provisions of the STCW Code, all being applied in its up-to-date version; 

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

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

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

(cid:208) 2001/25/EC 

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

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

‘appropriate certificate’ means 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; 

‘seagoing service’ means service on board a ship relevant to the issue of a certificate 
or other qualification; 

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

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

(19) 

(20) 

(21) 

(22) 

(23) 

(24) 

(25) 

(26) 

(27) 

(28) 

(29) 

(30) 

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(31) 

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

Article 2 

Scope 

This  Directive  shall  apply  to  the  seafarers  mentioned  in  this  Directive  serving  on  board 
seagoing ships flying the flag of a Member State with the exception of: 

(a) 

(b) 

(c) 

(d) 

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

fishing vessels; 

pleasure yachts not engaged in trade; 

wooden ships of primitive build. 

Article 3 

Training and certification 

1. Member States shall take the measures necessary to ensure that seafarers serving on ships 
as referred to in Article 2 are trained as a minimum in accordance with the requirements of the 
STCW Convention, as laid down in Annex I to this Directive, and hold certificates as defined 
in Article 4 or appropriate certificates as defined in Article 1 point (27). 

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

(cid:208) 2005/45/EC Art. 4 pt. 1 

Article 4 

Certificate 

A certificate shall be any valid document, by whatever name it may be known, issued by or 
under the authority of the competent authority of a Member State in accordance with Article 5 
and with the requirements laid down in Annex I. 

(cid:208) 2001/25/EC 

Article 5 

Certificates and endorsements 

1. Certificates shall be issued in accordance with Article 11. 

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

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3. Certificates shall be issued in accordance with Regulation I/2, paragraph 1, of the STCW 
Convention. 

(cid:208) 2003/103/EC Art. 1 pt. 1(a) 

(cid:208) 2001/25/EC (adapted) 
(cid:206)1 2003/103/EC Art. 1 pt. 1(b) 

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

(a) 

(b) 

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

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

5. At the discretion of a Member State endorsements may be incorporated in the format of the 
certificates being issued as provided for in section A-I/2 of the STCW code. If so incorporated 
the form used shall be that set out in section A-I/2, paragraph 1. If issued otherwise, the form 
of  endorsements  used  shall  be  that  set  out  in  paragraph  2  of  that  section.(cid:206)1 Endorsements 
shall be issued in accordance with Article VI, paragraph 2, of the STCW Convention.  

6.  A  Member  State  which  recognises  a  certificate  under  the  procedure  laid  down  in 
Article 19(2)  shall  endorse  that  certificate  to  attest  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. 

7. The endorsements referred to in paragraphs 5 and 6: 

(a) 

(b) 

(c) 

may be issued as separate documents; 

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 their date of issue. 

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

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

10.  Subject  to  Article  19(7)  any  certificate  required  by  this  Directive  ⌦ shall ⌫  be  kept 
available in its original form on board the ship on which the holder is serving. 

Article 6 

Training requirements 

The training required by Article 3 shall be in a form appropriate to the theoretical knowledge 
and practical  skills required by Annex I, in particular the use of life saving  and firefighting 

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equipment,  and  approved  by  the  competent  authority  or  body  designated  by  each  Member 
State. 

Article 7 

Principles governing near-coastal voyages 

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

3. A Member State may afford a ship which is entitled to fly its flag the benefits of the near-
coastal voyage provisions of this Directive when it is regularly engaged off the coast of a non-
Party to the STCW Convention on near-coastal voyages as defined by that Member State. 

4.  Upon  deciding  on  the  definition  of  near-coastal  voyages  and  the  conditions  of  education 
and training required thereof in accordance with the requirements  of  paragraphs  1,  2 and 3, 
Member States shall communicate to the Commission the details of the provisions they have 
adopted. 

(cid:208) 2005/45/EC Art. 4 pt. 2 

Article 8 

Prevention of fraud and other unlawful practices 

1. Member States shall take and enforce the appropriate measures to prevent fraud and other 
unlawful  practices  involving  the  certification  process  or  certificates  issued  and  endorsed  by 
their  competent  authorities,  and  shall  provide  for  penalties  that  are  effective,  proportionate 
and dissuasive. 

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

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

EN 

12 

   EN 

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

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

(cid:208) 2001/25/EC (adapted) 

Article 9 

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  for  the  withdrawal,  suspension  and  cancellation  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 this national legislation giving effect to this Directive are not complied with in 
respect of ships entitled to fly its flag or of seafarers duly certificated by it. 

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

(a) 

(b) 

(c) 

a company or a master has engaged a person not holding a certificate as required by 
this Directive; 

a  master  has  allowed  any  function  or  service  in  any  capacity  which  under  this 
Directive  must  be  performed  by  a  person  holding  an  appropriate  certificate  to  be 
performed  by  a  person  not  holding  the  required  certificate,  a  valid  dispensation  or 
having the documentary proof required by Article 19(7); or 

a person has obtained by fraud or forged documents an engagement to perform any 
function  or  serve  in  any  capacity  which  under  this  Directive  must  be  performed  or 
filled by a person holding a certificate or dispensation. 

4. Member States within the jurisdiction of which any company which or any person who is 
believed on clear grounds to have been responsible for or to have knowledge of any apparent 
non-compliance  with  this  Directive  specified  in  paragraph  3  is  located  shall  extend 
cooperation to any Member State or other Party to the STCW Convention which advises them 
of its intention to initiate proceedings under its jurisdiction. 

1. Each Member State shall ensure that: 

Article 10 

Quality standards 

(a) 

EN 

all  training,  assessment  of  competence,  certification,  endorsement  and  revalidation 
activities carried out by non-governmental agencies or entities under its authority are 
the 
continuously  monitored 

through  a  quality  standards  system 

to  ensure 

13 

   EN 

 
 
(b) 

(c) 

(d) 

achievement of defined objectives, including those concerning the qualifications and 
experience of instructors and assessors; 

where  governmental  agencies  or  entities  perform  such  activities,  there  is  a  quality-
standards system; 

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

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

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

2.  Member  States  shall  also  ensure  that  independent  evaluations  of  the  knowledge, 
understanding,  skills  and  competence  acquisition  and  assessment  activities,  and  of  the 
administration  of  the  certification  system,  are  conducted  at  intervals  of  not  more  than  five 
years  by  qualified  persons  who  are  not  themselves  involved  in  the  activities  concerned  in 
order to verify that: 

(a) 

(b) 

all  internal  management  control  and  monitoring  measures  and  follow-up  actions 
comply with planned arrangements and documental procedures and are effective in 
ensuring achievement of the defined objectives; 

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

(c) 

timely action is taken to correct deficiencies. 

3.  A  report  relating  to  each  evaluation  carried  out  pursuant  to  paragraph  2  shall  be 
communicated by the Member State concerned to the Commission within six months of the 
date of the evaluation. 

(cid:208) 2001/25/EC 

Medical standards — issue and registration of certificates 

Article 11 

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

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

3. Each candidate for certification shall provide satisfactory proof: 

(a) 

of his identity; 

EN 

14 

   EN 

 
 
(b) 

(c) 

(d) 

(e) 

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; 

of  having  completed  the  seagoing  service  and  any  related  compulsory  training 
prescribed in the Regulations in Annex I for the certificate applied for; 

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

4. Each Member State shall undertake: 

(a) 

(b) 

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; 

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

EN 

15 

   EN 

 
Article 12 

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; 

(a) 

(b) 

to meet the standards of medical fitness prescribed by Article 11; and 

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. 

3.  Each  Member  State  shall  compare  the  standards  of  competence  which  is  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. 

Refresher  and  updating  courses  shall  be  approved  and  include  changes  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  competency 
concerned. 

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

5. For the purpose of updating the knowledge of masters, officers and radio operators, each 
Member  State  shall  ensure  that  the  texts  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 13 

Use of simulators 

1.  The  performance  standards  and  other  provisions  set  out  in  section  A-I/12  of  the  STCW 
Code  and  such  other  requirements  as  are  prescribed  in  Part  A  of  the  STCW  Code  for  any 
certificate concerned shall be complied with in respect of: 

(a) 

(b) 

(c) 

all mandatory simulator-based training; 

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

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

2. Simulators installed or brought into use before 1 February 2002 may be exempted from full 
compliance with the performance standards referred to in paragraph 1 at the discretion of each 
Member State. 

EN 

16 

   EN 

 
Article 14 

Responsibilities of companies 

1. In accordance with paragraphs 2 and 3 Member States shall hold companies responsible for 
the  assignment  of  seafarers  for  service  in  their  ships  in  accordance  with  this  Directive,  and 
shall require every company to ensure that: 

(a) 

(b) 

(c) 

(d) 

(e) 

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; 

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

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; 

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

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

2. Companies, masters and crew members shall each have responsibility for ensuring that the 
obligations  set  out  in  this  Article  are  given  full  and  complete  effect  and  that  such  other 
measures  as  may  be  necessary  are  taken  to  ensure  that  each  crew  member  can  make  a 
knowledgeable and informed contribution to the safe operation of the ship. 

3.  The  company  shall  provide  written  instructions  to  the  master  of  each  ship  to  which  this 
Directive applies, setting out the policies and the procedures to be followed to ensure that all 
seafarers  who  are  newly  employed  on  board  the  ship  are  given  a  reasonable  opportunity  to 
become familiar with the shipboard equipment, operating procedures and other arrangements 
needed for the proper performance of their duties, before being assigned to those duties. Such 
policies and procedures shall include: 

(a) 

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

(i) 

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

(ii) 

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

(b) 

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

Article 15 

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 

EN 

17 

   EN 

 
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. 

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

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

4. The requirements for rest periods laid down in paragraphs 1 and 2 need not be maintained 
in the event of an emergency or drill or 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  that  watch  schedules  be  posted  where  they  are  easily 
accessible. 

Article 16 

Dispensation 

(cid:208) 2001/25/EC (adapted) 

1.  In  circumstances  of  exceptional  necessity,  competent  authorities  may,  if  in  their  opinion 
this  does  not  cause  danger  to  persons,  property  or  the  environment,  issue  a  dispensation 
permitting ⌦ a specified seafarer to serve in a specified ship for ⌫ a specified period not 
exceeding six months in a capacity, other than that of the radio operator, except as provided 
by  the  relevant  Radio  Regulations,  for  which  he  does  not  hold  the  appropriate  certificate, 
provided that the person to whom the dispensation is issued shall be adequately qualified to 
fill the vacant post in a safe manner to the satisfaction of the competent authorities. However, 
dispensations  shall  not  be  granted  to  a  master  or  chief  engineer  officer,  except  ⌦ in ⌫ 
circumstances of force majeure and then only for the shortest possible period. 

2. Any dispensation granted for a post shall be granted only to a person properly certificated 
to  fill  the  post  immediately  below.  Where  certification  of  the  post  below  is  not  required,  a 
dispensation may be issued to a person whose qualification and experience are, in the opinion 
of  the  competent  authorities,  of  a  clear  equivalence  to  the  requirements  for  the  post  to  be 
filled, provided that, if such a person holds no appropriate certificate, he shall be required to 
pass  a  test  accepted  by  the  competent  authorities  as  demonstrating  that  such  a  dispensation 
may  safely  be  issued.  In  addition,  the  competent  authorities  shall  ensure  that  the  post  in 
question is filled by the holder of an appropriate certificate as soon as possible. 

(cid:208) 2001/25/EC 

Article 17 

Responsibilities of Member States with regard to training and assessment 

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

(a) 

give the training referred to in Article 3; 

EN 

18 

   EN 

 
 
 
(b) 

(c) 

(d) 

organise and/or supervise the examinations where required; 

issue the certificates of competence referred to in Article 11; 

grant the dispensations provided for in Article 16. 

2. Member States shall ensure that: 

(a) 

all training and assessment of seafarers is: 

(b) 

(c) 

(d) 

(e) 

(f) 

(i) 

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

(ii) 

conducted,  monitored,  evaluated  and  supported  by  persons  qualified  in 
accordance with points (d), (e) and (f); 

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; 

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

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

(i) 

has  an  appreciation  of  the  training  programme  and  an  understanding  of  the 
specific training objectives for the particular type of training being conducted; 

(ii) 

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

(iii) 

if conducting training using a simulator: 

– 

– 

has  received  appropriate  guidance  in  instructional  techniques  involving 
the use of simulators; and 

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

any  person  responsible  for  the  supervision  of  the  in-service  training  of  a  seafarer 
intended  to  be  used  in  qualifying  for  certification  has  a  full  understanding  of  the 
training  programme  and  the  specific  objectives  for  each  type  of  training  being 
conducted; 

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: 

(i) 

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

(ii) 

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

(iii)  has received appropriate guidance in assessment methods and practice; 

(iv)  has gained practical assessment experience; and 

(v) 

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

EN 

19 

   EN 

 
(g) 

when  a  Member  State  recognises  a  course  of  training,  a  training  institution,  or  a 
qualification granted by a training institution, as part of its requirements for the issue 
of  a  certificate,  the  qualifications  and  experience  of  instructors  and  assessors  are 
covered  in  the  application  of  the  quality  standard  provisions  of  Article  10;  such 
qualification,  experience  and  application  of  quality  standards  shall  incorporate 
appropriate training in instructional techniques and training and assessment methods 
and practice and comply with all applicable requirements of points (d), (e) and (f). 

Article 18 

On-board communication 

Member States shall ensure that: 

(a) 

(b) 

without prejudice to points (b) and (d), there are at all times, on board all ships flying 
the flag of a Member State, means in place for effective oral communication relating 
to  safety  between  all  members  of  the  ship's  crew,  particularly  with  regard  to  the 
correct and timely reception and understanding of messages and instructions; 

on  board  all  passenger  ships  flying  the  flag  of  a  Member  State  and  on  board  all 
passenger ships starting and/or finishing a voyage in a Member State port, in order to 
ensure  effective  crew  performance  in  safety  matters,  a  working  language  is 
established and recorded in the ship's log-book;  

the company or the master, as appropriate, shall determine the appropriate working 
language; each seafarer shall be required to understand and, where appropriate, give 
orders and instructions and report back in that language;  

if the working language is not an official language of the Member State, all plans and 
lists that must be posted shall include translations into the working language; 

(c) 

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

(i) 

(ii) 

(iii) 

(iv) 

(v) 

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

the  likelihood  that  an  ability  to  use  elementary  English  vocabulary  for  basic 
instructions can provide a means of communicating with a passenger in need of 
assistance  whether  or  not  the  passenger  and  crew  member  share  a  common 
language; 

the possible need to communicate during an emergency by some other means 
(e.g.  by  demonstration,  hand  signals,  or  calling  attention  to  the  location  of 
instructions,  muster  stations,  life-saving  devices  or  evacuation  routes)  when 
verbal communication is impractical; 

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

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

EN 

20 

   EN 

 
(d) 

(e) 

(f) 

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

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

(cid:208) 2003/103/EC Art. 1 pt. 2 

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. 

(cid:208) 2001/25/EC 

Article 19 

Recognition of certificates 

(cid:208) 2003/103/EC Art. 1 pt. 3 
(adapted) 

1.  Seafarers  who  do  not  possess  the  certificates  referred  to  in  Article  4  may  be  allowed  to 
serve on ships flying the flag of a Member State, provided that a decision on the recognition 
of  their  appropriate  certificates  has  been  adopted  through  the  procedure  set  out  ⌦ in 
paragraphs 2 to 6 of this Article. ⌫ 

⌦ 2. ⌫  A  Member  State  which  intends  to  recognise,  by  endorsement,  appropriate 
certificates issued by a third country to a master, officer or radio operator, for service on ships 
flying its flag, shall submit a request for recognition of that third country to the Commission, 
stating its reasons. 

The  Commission,  assisted by the  European Maritime  Safety  Agency (⌦ hereinafter ⌫ the 
Agency) established by Regulation (EC) No 1406/2002 of the European Parliament and of the 
Council15,  and  with  the  possible  involvement  of  any  Member  State  concerned,  shall  collect 
the information referred to in Annex II and shall carry out an assessment of the training and 
certification systems in the third country for which the request for recognition was submitted, 
in  order  to  verify  whether  the  country  concerned  meets  all  the  requirements  of  the  STCW 
Convention and whether the appropriate measures have been taken to prevent fraud involving 
certificates. 

⌦ 3. ⌫ The decision on the recognition of a third country shall be taken by the Commission 
in  accordance  with  the  procedure  referred  to  in  Article  28(2),  within  three  months  from  the 
date of the request for recognition.  

If granted, the recognition shall be valid subject to the provisions of Article 20. 

If  no  decision  is  taken  on  recognition  of  the  third  country  concerned  within  the  period  laid 
down in ⌦ the first subparagraph ⌫ , the Member State submitting the request may decide 

15 

OJ L 208, 5.8.2002, p. 1. 

EN 

21 

   EN 

 
 
 
 
                                                 
to  recognise  the  third  country  unilaterally  until  a  decision  is  taken  in  accordance  with  the 
procedure referred to in Article 28(2). 

⌦ 4. ⌫  A  Member  State  may  decide,  with  respect  to  ships  flying  its  flag,  to  endorse 
certificates issued by the third countries recognised by the Commission, account being taken 
of the provisions contained in Annex II points (4) and (5). 

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

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

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

(cid:208) 2001/25/EC 

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

Documentary  proof  shall  be  kept  readily  available  that  application  for  an  endorsement  has 
been submitted to the competent authorities. 

(cid:208) 2003/103/EC Art. 1 pt. 4 
(adapted) 

Article 20 

⌦ Non compliance with the requirements of the STCW Convention ⌫ 

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

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

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

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

3. When a Member State intends to withdraw the endorsements of all certificates issued by a 
third country it shall without delay inform the Commission and the other Member States of its 
intention, giving substantiated reasons therefor. 

EN 

22 

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4. The Commission, assisted by the Agency, shall reassess the recognition of the third country 
concerned in order to verify whether that country failed to comply with the requirements of 
the STCW Convention. 

5.  Where  there  are  indications  that  a  particular  maritime  training  establishment  no  longer 
complies  with  the  requirements  of  the  STCW  Convention,  the  Commission  shall  notify  the 
country  concerned  that  recognition  of  that  country's  certificates  will  be  withdrawn  in  two 
months' time unless measures are taken to ensure compliance with all the requirements of the 
STCW Convention. 

6.  The  decision  on  the  withdrawal  of  the  recognition  shall  be  taken  in  accordance  with  the 
procedure referred to in Article 28(2), within two months from the date of the communication 
made by the Member State.  

The Member States concerned shall take appropriate measures to implement the decision. 

7.  Endorsements  attesting  recognition  of  certificates,  issued  in  accordance  with  Article  5(6) 
before the date on which the decision to withdraw recognition of the third country is taken, 
shall  remain  valid.  Seafarers  holding  such  endorsements  may  not  claim  an  endorsement 
recognising  a  higher  qualification,  however,  unless  that  upgrading  is  based  solely  on 
additional seagoing service experience. 

EN 

23 

   EN 

 
Article 21 

⌦ Reassesment ⌫ 

1. The third countries that  have  been recognised under the procedure referred to in the first 
subparagraph of Article 19(3), including those referred to in Article 19(6) , shall be reassessed 
by the Commission, with the assistance of the Agency, on a regular basis and at least every 
five  years  to  verify  that  they  fulfil  the  relevant  criteria  set  out  in  Annex  II  and  whether  the 
appropriate measures have been taken to prevent fraud involving certificates. 

2. The Commission shall define the priority criteria for assessment of third countries on the 
basis of performance data provided by the Port State control pursuant to Article 23, as well as 
the information relating to the reports of the independent evaluations communicated by third 
countries pursuant to section A-I/7 of the STCW Code. 

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

(cid:208) 2001/25/EC 

Article 22 

Port State control 

1.  Irrespective  of  the  flag  it  flies  each  ship,  with  the  exception  of  those  types  of  ships 
excluded  by  Article  2,  shall,  while  in  the  ports  of  a  Member  State,  be  subject  to  port  State 
control by officers duly authorised by that Member State to verify that all seafarers serving on 
board who are required to 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 23 

Port State control procedures 

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

(a) 

(b) 

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 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: 

(a) 

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

EN 

24 

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(b) 

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

(cid:208) 2001/25/EC (adapted) 

(cid:208) 2001/25/EC 

(c) 

(d) 

(e) 

(f) 

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

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 the seafarer's level of competence. 

Article 24 

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: 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

failure of seafarers to hold certificates, to have appropriate certificates, to have valid 
dispensations or provide documentary proof  that an application for an  endorsement 
attesting recognition has been submitted to the authorities of the flag State; 

failure to comply with the applicable safe-manning requirements of the flag State; 

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. 

EN 

25 

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(cid:208) 2005/45/EC Art. 4 pt. 4 
(adapted) 

Article 25 

Regular monitoring of compliance 

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

Article 26 

⌦ Reports ⌫ 

(cid:208) 2003/103/EC Art. 2 third 
paragraph (adapted) 

. 1. Not later than 14 December 2008 the Commission shall submit an evaluation report to the 
European  Parliament  and  the  Council,  based  on  a  detailed  analysis  and  evaluation  of  the 
provisions  of  the  ⌦ STCW ⌫  Convention,  the  implementation  thereof  and  new  insights 
gained with regard to the correlation between safety and the level of training of ships' crews. 

(cid:208) 2005/45/EC Art. 4 pt. 4 

2.  No  later  than  20 October  2010  the  Commission  shall  submit  to  the  European  Parliament 
and  the  Council  an  evaluation  report  drawn  up  on  the  basis  of  the  information  obtained 
pursuant to Article 25. 

In the report the Commission shall analyse the Member States' compliance with this Directive 
and, where necessary, make proposals for additional measures. 

(cid:208) 2001/25/EC (adapted) 
(cid:206)1 2003/103/EC Art. 1 pt. 5 

Article 27 

Amendment 

1.  This  Directive  may  be  amended  ⌦ by  the  Commission ⌫  in  order  to  apply,  for  the 
purposes  of  this  Directive,  subsequent  amendments  to  the  international  codes  referred  to  in 
Article 1(16), (17), (18), (23) and (24) which have entered into force. 

(cid:206)1 This Directive may also be amended ⌦ by the Commission ⌫ in order to apply, for the 
purposes of this Directive, any relevant amendments to Community legislation.  

EN 

26 

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Those measures designed to amend non-essential elements of this Directive shall be adopted 
in accordance with the regulatory procedure with scrutiny referred to in Article 28 (3). 

(cid:216) new 

2.  The  Council  shall  decide  on  any  amendment  of  Annex  II,  acting  on  a  proposal  to  be 
submitted  by  the  Commission  ⌦ by  25  May  2008  at  the  latest ⌫  in  the  light  of  the 
experience gained in applying this Directive. 

(cid:208) 2001/25/EC (adapted) 

(cid:208) 2001/25/EC 

3.  Following  the  adoption  of  new  instruments  or  protocols  to  the  STCW  Convention,  the 
Council,  acting  on  a  proposal  from  the  Commission,  shall  decide,  taking  into  account  the 
Member States' parliamentary procedures, as well as the relevant procedures within the IMO 
on the detailed arrangements for ratifying those new instruments or protocols, while ensuring 
that they are applied uniformly and simultaneously in the Member States. 

4.  The  amendments  to  the  international  instruments  referred  to  in  Article  1  ⌦ (16),  (17), 
(18),  (21),  (22)  and  (24) ⌫  may  be  excluded  from  the  scope  of  this  Directive,  pursuant  to 
Article 5 of Regulation (EC) No 2099/2002 of the European Parliament and of the Council16. 

(cid:208) 2002/84/EC Art. 11 pt. 2 
(adapted) 

(cid:208) 2001/25/EC 

Article 28 

Committee procedure 

1.  The  Commission  shall  be  assisted  by  the  Committee  on  Safe  Seas  and  the  Prevention  of 
Pollution from Ships (COSS) created by Article 3 of Regulation (EC) No 2099/2002. 

(cid:208) 2002/84/EC Art. 11 pt. 3  

2. Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall 
apply, ⌦ having regard to the provisions of ⌫ Article 8 thereof. 

The period provided for in Article 5(6) of Decision 1999/468/EC shall be eight weeks. 

(cid:208) 2001/25/EC (adapted) 

16 

OJ L 324, 29.11.2002, p. 1. 

EN 

27 

   EN 

 
 
 
 
 
 
 
 
                                                 
3.  Where  reference  is  made  to  this  paragraph,  Article  5a(1)  to  (4),  and  Article  7  of 
Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof. 

(cid:216) new 

3. The committee shall adopt its rules of procedure. 

(cid:208) 2001/25/EC 

Article 29 

Transitional provisions 

Where pursuant to Article 12 a Member State reissues or extends the validity of certificates 
which  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: 

.(a) 

.(b) 

‘200 gross registered tonnes’ may be replaced by ‘500 gross tonnage’; 

‘1 600 gross registered tonnes’ may be replaced by ‘3 000 gross tonnage’. 

Article 30 

Penalties 

Member  States  shall  lay  down  systems  of  penalties  for  breaching  the  national  provisions 
adopted pursuant to Articles 1, 3, 5, 7, 9 to 15, 17, 18, 19, 22, 23, 24 and 29, and Annexes I 
and  II,  and  shall  take  all  the  measures  necessary  to  ensure  that  they  are  implemented.  The 
penalties provided for must be effective, proportionate and dissuasive. 

Article 31 

Communication 

Member  States  shall  immediately  communicate  to  the  Commission  the  texts  of  all  the 
provisions which they adopt in the field governed by this Directive.  

The Commission shall inform the other Member States thereof. 

Article 32 

(cid:208)  

Repeal 

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

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

EN 

28 

   EN 

 
 
 
 
(cid:208) 2001/25/EC (adapted) 

This Directive shall enter into force on […]. 

Article 33 

Entry into force 

(cid:208) 2001/25/EC 

Article 34 

Addressees 

This Directive is addressed to the Member States. 

Done at Brussels, […] 

For the European Parliament 
The President 
[…] 

For the Council 
The President 
[…] 

EN 

29 

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(cid:208) 2001/25/EC 

ANNEX I 

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

1. 

2. 

3. 

CHAPTER I 

GENERAL PROVISIONS 

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. 

(cid:208) 2005/45/EC Art. 4 pt. 5 

Member States shall ensure that seafarers possess adequate language proficiency, as 
defined  in  Sections  A-II/1,  A-III/1,  A-IV/2  and  A-II/4  of  the  STCW  Code  so  as  to 
enable  them  to  perform  their  specific  duties  on  a  vessel  flying  the  flag  of  a  host 
Member State. 

(cid:208) 2001/25/EC 

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. 

3. 

Cargo handling and stowage; 

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. 

EN 

30 

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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. 

2. 

2.1. 

2.2. 

2.3. 

2.4. 

2.5. 

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

Every candidate for certification shall: 

be not less than 18 years of age; 

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; 

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; 

meet the applicable requirements of the regulations in Chapter IV, as appropriate, for 
performing designed radio duties in accordance with the Radio Regulations; 

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 

Master and chief mate on ships of 3 000 gross tonnage or more 

1. 

2. 

2.1. 

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

Every candidate for certification shall: 

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. 

2.2. 

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; 

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. 

EN 

31 

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Master and chief mate on ships of between 500 and 3 000 gross tonnage 

3. 

4. 

4.1. 

4.2. 

4.3. 

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

Every candidate for certification shall: 

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; 

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

Regulation II/3 

Mandatory minimum requirements for certification of officers in charge of a navigational 

watch and of masters on ships of less than 500 gross tonnage 

Ships not engaged on near-coastal voyages 

1. 

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. 

Ships engaged on near-coastal voyages 

Officer in charge of a navigational watch 

3. 

4. 

4.1. 

4.2. 

4.2.1. 

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: 

be not less than 18 years of age; 

have completed: 

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. 

4.4. 

meet the applicable requirements of the regulations in Chapter IV, as appropriate, for 
performing designated radio duties in accordance with the Radio Regulations; 

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. 

EN 

32 

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Master 

5. 

6. 

6.1. 

6.2. 

6.3. 

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 a near-coastal voyages shall: 

be not less than 20 years of age; 

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. 

Exemptions 

The Administration, if it considers that a ship's size and the conditions of its voyage 
are such as to render the application of the  full  requirements  of  this  regulation  and 
section A-II/3 of the STCW Code unreasonable or impracticable, may to that extent 
exempt the master and the officer in charge of a navigational watch on such a ship or 
class of ships from some of the requirements, bearing in mind the safety of all ships 
which may be operating in the same waters. 

Regulation II/4 

Mandatory minimum requirements for certification of ratings forming part of a 

navigational watch 

1. 

2. 

2.1. 

2.2. 

2.2.1. 

2.2.2. 

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. 

Every candidate for certification shall: 

be not less than 16 years of age; 

have completed: 

approved  seagoing  service  including  not  less  than  six  months  training  and 
experience; or 

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 points 2.2.1 and 2.2.2 shall 
be associated with navigational watchkeeping functions and involve the performance 
of duties carried out under the direct supervision of the master, the officer in charge 
of the navigational watch or a qualified rating. 

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. 

EN 

33 

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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. 

2. 

2.1. 

2.2. 

2.3. 

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. 

Every candidate for certification shall: 

be not less than 18 years of age; 

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. 

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. 

2. 

2.1. 

2.1.1. 

2.1.2. 

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. 

Every candidate for certification shall: 

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

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 

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. 

EN 

34 

   EN 

 
2. 

2.1. 

2.1.1. 

2.1.2. 

2.2. 

3. 

Every candidate for certification shall: 

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

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

for  certification  as  chief  engineer  officer,  shall  have  not  less  than  24  months 
approved  seagoing  service  of  which  not  less  than  12  months  shall  be  served  while 
qualified to serve as second engineer officer; 

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

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. 

2. 

2.1. 

2.2. 

2.2.1. 

2.2.2. 

Every rating forming part of an engine-room watch or designated to perform duties 
in  a  periodically  unmanned  engine-room  on  a  seagoing  ship  powered  by  main 
propulsion machinery of 750 kW propulsion power or more, other than ratings under 
training and ratings whose duties are of an unskilled nature, shall be duly certificated 
to perform such duties. 

Every candidate for certification shall: 

be not less than 16 years of age; 

have completed: 

approved  seagoing  service  including  not  less  than  six  months  training  and 
experience; or 

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 points 2.2.1 and 2.2.2 shall 
be associated with engine-room watchkeeping functions and involve the performance 
of duties carried out under the direct supervision of a qualified engineer officer or a 
qualified rating. 

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. 

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CHAPTER IV 

RADIOCOMMUNICATION AND RADIO PERSONNEL 

Explanatory note 

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

Regulation IV/1 

Application 

1. 

2. 

1. 

2. 

2.1. 

2.2. 

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

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. 

Regulation IV/2 

Mandatory minimum requirements for certification of GMDSS radio personnel 

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  SOLAS  Convention,  as  amended,  to  have  a  radio 
installation shall: 

be not less than 18 years of age; and 

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 

CHAPTER V 

OF SHIPS 

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 

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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 point 1.1, provided: 

1.3. 

1.4. 

1.5. 

1.6. 

2. 

2.1. 

2.2. 

3. 

4. 

the period so accepted is not less than one month; 

the tanker is of less than 3 000 gross tonnage; 

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

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. 

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 point 1.1 or 1.2, 
have: 

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

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. 

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 point 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. 

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

Regulation V/2 

Mandatory minimum requirements for the training and qualifications of masters, officers, 

ratings and other personnel on ro-ro passenger ships 

1. 

2. 

3. 

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. 

(cid:208) 2001/25/EC (adapted) 
(cid:206)1 2005/23/EC Art. 1 pt. 1 

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

Seafarers who are required to be trained in accordance with points 4, 7 and 8 shall at 
intervals  not  exceeding  five  years  undertake  appropriate  refresher  training(cid:206)1 or  be 

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required to provide evidence of having achieved the required standard of competence 
within the previous five years . 

(cid:208) 2001/25/EC 

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. 

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. 

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. 

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. 

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. 

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. 

4. 

5. 

6. 

7. 

8. 

9. 

(cid:208) 2005/23/EC Art. 1 pt. 2 

Regulation V/3 

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

1. 

2. 

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

(cid:208) 2005/23/EC Art. 1 pt. 2 
(adapted) 

Prior  to  being  assigned  shipboard  duties  on  board  passenger  ships,  seafarers  shall 
have  completed  the  training  required  by  points  4  to  8  in  accordance  with  their 
capacity, duties and responsibilities. 

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3. 

4. 

5. 

6. 

7. 

8. 

9. 

Seafarers who are required to be trained in accordance with points 4, 7 and 8 shall, at 
intervals  not  exceeding  five  years,  undertake  appropriate  refresher  training  or  be 
required to provide evidence of having achieved the required standard of competence 
within the previous five years. 

(cid:208) 2005/23/EC Art. 1 pt. 2 

Personnel designated on muster lists to assist passengers in emergency situations on 
board  passenger  ships  shall  have  completed  training  in  crowd  management  as 
specified in section A-V/3, paragraph 1, of the STCW Code. 

Masters, officers and other personnel assigned specific duties and responsibilities on 
board passenger ships shall have completed the familiarisation training specified in 
section A-V/3, paragraph 2, of the STCW Code. 

Personnel  providing  direct  service  to  passengers  on  board  passenger  ships  in 
passenger spaces shall have completed the safety training specified in section A-V/3, 
paragraph 3, of the STCW Code. 

Masters,  chief  mates  and  every  person  assigned  immediate  responsibility  for 
embarking  and  disembarking  passengers  shall  have  completed  approved  training  in 
passenger safety as specified in section A-V/3, paragraph 4, of the STCW Code. 

Masters,  chief  mates,  chief  engineer  officers,  second  engineer  officers  and  any 
person having responsibility for the safety of passengers in emergency situations on 
board passenger ships shall have completed approved training in crisis management 
and human behaviour as specified in section A-V/3, paragraph 5, of the STCW Code. 

Administrations  shall  ensure  that  documentary  evidence  of  the  training  which  has 
been  completed  is  issued  for  every  person  found  qualified  under  the  provisions  of 
this Regulation. 

(cid:208) 2001/25/EC 

CHAPTER VI 

EMERGENCY, OCCUPATIONAL SAFETY, MEDICAL CARE AND SURVIVAL 

FUNCTIONS 

Regulation V1/1 

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-V1/1  of  the  STCW  Code  and  shall  meet  the  appropriate  standard  of 
competence specified therein. 

Regulation V1/2 

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: 

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39 

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1.1. 

1.2. 

1.3. 

2. 

2.1. 

2.2. 

2.3. 

1. 

2. 

1. 

2. 

3. 

be not less than 18 years of age; 

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; 

meet the standard of competence for certificates of proficiency in survival craft and 
rescue boats set out in section A-V1/2, paragraphs 1 to 4, of the STCW Code. 

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

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

have attended an approved training course; 

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 

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. 

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 

Seafarers  designated  to  provide  medical  first  aid  on  board  ship  shall  meet  the 
standard  of  competence 
in  section  A-VI/4, 
paragraphs 1, 2 and 3, of the STCW Code. 

in  medical  first  aid  specified 

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-V1/4, 
paragraphs 4, 5 and 6, of the STCW Code. 

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 

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: 

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; 

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; 

the certificates are issued in accordance with the requirements of Article 11 and the 
provisions set forth in Chapter VII of the STCW Code. 

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

information  required  by 

the  STCW  Convention 

the 

to 

1. 

1.1. 

1.2. 

1.3. 

1.4. 

1.5. 

2. 

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  AII/4  of  Chapter  II  or  in  tables  A-III/1,  A-III/2,  A-III/4  of  Chapter  III  or 
A-IV/2 of Chapter IV of the STCW Code, shall hold an appropriate certificate. 

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; 

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1.2. 

2. 

2.1. 

2.2. 

3. 

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

The principle of interchangeability in point 1 shall ensure that: 

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  check 
watchkeeping officers to a single certificate holder during any particular watch; 

3.2. 

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

4. 

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

_______________

(cid:208) 2001/25/EC (adapted) 

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(cid:208) 2003/103/EC Art. 1 pt. 6 and 
Annex  

ANNEX II 

CRITERIA FOR THE RECOGNITION OF THIRD COUNTRIES THAT HAVE 
ISSUED A CERTIFICATE OR UNDER THE AUTHORITY OF WHICH WAS 
ISSUED A CERTIFICATE, REFERRED TO IN ARTICLE 19(2) ) 

1. 

2. 

3. 

4. 

5. 

6. 

The third country must be a Party to the STCW Convention. 

The  third  country  must  have  been  identified  by  the  Maritime  Safety  Committee  as 
having  demonstrated  that  full  and  complete  effect  is  given  to  the  provisions  of  the 
STCW Convention. 

The Commission, assisted by the Agency and with the possible involvement of any 
Member  State  concerned,  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. 

The Member State is in the process of agreeing an undertaking 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. 

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

If a Member State wishes to supplement assessment of compliance of a third country 
by  evaluating  certain  maritime  training  institutes,  it  shall  proceed  according  to  the 
provisions of section A-I/6 of the STCW Code. 

____________________

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(cid:207) 

ANNEX III 

PART A 

Repealed Directive with list of its successive amendments 

(referred to in Article 32) 

only Article 11 

Directive 2001/25/EC of the European Parliament 
and of the Council 
(OJ L 136, 18.5.2001, p. 17) 

Directive 2002/84/EC of the European Parliament 
and of the Council 
(OJ L 324, 29.11.2002, p. 53) 

Directive 2003/103/EC of the European Parliament 
and of the Council 
(OJ L 326, 13.12.2003, p. 28) 

Commission Directive 2005/23/EC 
(OJ L 62, 9.3.2005, p. 14) 

Directive 2005/45/EC of the European Parliament 
and of the Council 
(OJ L 255, 30.9.2005, p. 160) 

PART B 

List of time-limits for transposition into national law 

(referred to in Article 32) 

Directive 

Deadline for transposition 

2002/84/EC 

2003/103/EC 

2005/23/EC 

2005/45/EC 

23 November 2003 

14 May 2005 

29 September 2005 

20 October 2007 

_____________ 

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ANNEX IV 

CORRELATION TABLE 

Directive 2001/25/EC 

This Directive 

Article 1 

Article 1 

Article 2, introductory words 

Article 2, introductory words 

Article 2, first to fourth indent 

Article 2(a) to (d) 

Articles 3 to 7 

Article 7a 

Article 8  

Articles 3 to 7 

Article 8 

Article 9  

Article 9(1) introductory wording 

Article  10(1)  first  subparagraph  introductory 
wording 

Article 9(1) (a) and (b) 

Article 10(1) first subparagraph(a) and (b) 

Article 9 (1)(c) first sentence 

Article 10(1) first subparagraph(c) 

Article 9 (1)(c) second sentence 

Article 10(1) second subparagraph 

Article 9(1) (d) 

Article 10(1) first subparagraph(d) 

Article 9(2) and (3)  

Article 10(2) and (3) 

Article 10 

Article 11 

Article 12 

Article 13 

Article 14 

Article 15 

Article 11 

Article 12 

Article 13 

Article 14 

Article 15 

Article 16 

Article 16(1), introductory phrase 

Article 17(1), introductory phrase 

Article 16(1), first indent to fourth indent 

Article 17(1)(a) to (d) 

Article 16(2) introductory wording 

Article 17(2) introductory wording 

Article 16(2)(a)(1) and (2) 

Article 17(2)(a)(i) and (ii) 

Article 16(2)(b) and (c) 

Article 17(2)(b) and (c) 

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Article 16(2)(d)(1) and (2) 

Article 17(2)(d)(i) and (ii) 

Article 16(2)(d)(3)(i) and (ii) 

Article 17(2)(iii) first and second indent 

Article 16(2)(e) 

Article 17(2)(e) 

Article 16(2)(f) (1) to (5) 

Article 17(2)(f) (i) to (v) 

Article 16(2)(g) 

Article 17 

Article 18(1) and (2) 

Article 17(2)(g) 

Article 18 

- 

Article 18(3) introductory phrase 

Article 19(1) 

Article 18(3)(a) 

Article 18(3)(b) 

Article 18(3)(c) 

Article 18(3)(d) 

Article 18(3)(e) 

Article 18(3)(f) 

Article 18(4) 

Article 19(2) 

Article 19(3) first subparagraph 

Article 19(3) second subparagraph 

Article 19(4) 

Article 19(5) 

Article 19(6) 

Article 19(7) 

Article 18a(1) first and second sentence 

Article 20(1) first and second subparagraph 

Article 18a(2) first and second sentence 

Article 20(2) first and second subparagraph 

Article 18a(3) to (5) 

Article 20(3) to (5) 

Article 18a(6) first and second sentence 

Article 20(6) first and second subparagraph 

Article 18a(7)  

Article 18b 

Article 19 

Article 20(7) 

Article 21 

Article 22 

Article 20(1), introductory words 

Article 23(1), introductory words 

Article 20(1), first and second indent 

Article 23(1)(a) and (b) 

Article 20(2), introductory words 

Article 23(2), introductory words 

Article 20(2), first to sixth indent 

Article 23(2)(a) to (f) 

Article 20(3) 

Article 23(3) 

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Article 21 

Article 21a 

- 

Article 24 

Article 25 

Article 26(1) 

Article 21b first sentence 

Article 26(2)first subparagraph 

Article 21b second sentence 

Article 26(2) second subparagraph 

Article 22(1) first sentence 

Article 27(1) first subparagraph 

Article 22(1) second sentence 

Article 27(1) second subparagraph 

- 

Article 22(2) to (4) 

Article 23(1) and (2) 

- 

Article 23(3) 

Article 24(1) and (2) 

Article 27(1) third subparagraph 

Article 27(2) to (4) 

Article 28(1) and (2) 

Article 28(3) 

- 

- 

Article 24(3) (1) and (2) 

Article 29 (a) and (b) 

Article 25  

Article 30  

Article 26 first sentence 

Article 31 first paragraph 

Article 26 second sentence 

Article 31 second paragraph 

Article 27  

Article 28 

Article 29 

Article 32  

Article 33 

Article 34 

Annexes I and II 

Annexes I and II 

Annex III 

Annex IV 

- 

- 

- 

- 

Annex III 

Annex IV 

_______________ 

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