CELEX: 52011PC0555
Language: en
Date: 2011-09-14
Title: Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Directive 2008/106/EC of the European Parliament and of the Council on the minimum level of training of seafarers

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		52011PC0555
		
			Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Directive 2008/106/EC of the European Parliament and of the Council on the minimum level of training of seafarers /* COM/2011/0555 final - 2011/0239 (COD) */
			
				
		
		
			
			   	EXPLANATORY MEMORANDUM

1.                      
CONTEXT OF THE PROPOSAL
1.1.                
Summary

The International Convention on Standards
of Training, Certification and Watchkeeping for Seafarers (the STCW Convention)
was concluded in 1978 among the State Parties to the IMO (International Maritime
Organization, the UN agency in charge of the international regulatory framework
for shipping). The convention deals with the requirements for training of
seafarers (mainly officers) and the relevant certification. The STCW Convention
was significantly amended in 1995.
The Convention was integrated into
Community law by Directive 94/58 on minimum training for seafarers[1]. As a matter of fact, the EU
rules on maritime safety are largely aligned with international rules.
Directive 94/58 was amended several times
and eventually replaced by Directive 2001/25, in turn replaced by Directive
2008/106, currently in force[2].
Over time EU rules were modified, mainly in order to transpose the amendments
to the STCW Convention, but also to develop and streamline a system for the
recognition of seafarers educated and trained outside the EU. Recognition of
seafarers educated and trained outside the EU is in fact crucial in a business
like shipping, globalized since forty years. 
Against this background, in 2007 the IMO launched
a comprehensive review of the STCW Convention to which both the
Commission and the Member States actively contributed and which was achieved
with the adoption of a series of significant amendments, agreed upon by the
State-parties at the Manila Conference on 25 June 2010. 
The Manila amendments to the Convention
will enter into force on 1 January 2012. From that date onwards maritime
training will have to meet the new requirements. Since the EU Member States are
also parties to the Convention, and none of them opposed the Manila amendments,
they will have to adapt their legislation to the new text of the Convention.
Also EU law should align with international rules, as it has been done so far
and in order to avoid any conflict between the international and the EU
obligations of the Member States. Alignment with international rules is
precisely the objective of the present proposal, which also includes a few
features aiming to take the opportunity of this legislative initiative to
slightly streamline the STCW Directive. 
These features regard the introduction of a
requirement for the Member States to provide already existing information
concerning the certificates to the Commission for statistical purposes and the extension
of an impracticable deadline from the procedure of recognition of third
countries’ STCW systems. 

1.2.                
The STCW Convention

The international character of shipping is
well known. It also results in crews being trained in different countries and
under different systems operating onboard the same ship. In this respect it is
crucial that all such crew members have the capacities needed to perform their
duties in a safe manner. Training, in fact, plays an important role in maritime
safety. 
For this reason in 1978, the Parties to the
International Maritime Organisation (IMO) aiming to "promote safety of
life at sea and the protection of the marine environment by establishing in
common agreement international standards of training, certification and
watchkeeping for seafarers" adopted the International Convention on
Standards of Training, Certification and Watchkeeping for Seafarers ("STCW
Convention"), which entered into force in 1984.
This Convention prescribes minimum
standards which the State Parties are obliged to meet or exceed. As mentioned,
the STCW Convention was significantly revised in 1995 and in 2010. 
As for the structure and content of the
Convention, while the introductory articles contain the general principles and
the provisions on entry into force and amendment procedures, its Technical
Annex – composed of "Regulations" - contain the training,
qualification and certification requirements for the different positions on
ships (such as "captain", "first mate", etc.). Another
annex to the Convention – the "Code" – contains in its Part "A"
detailed tables with a precise description of the material skills (e.g.,
positioning, ship-manoeuvring, cargo-handling) that have to be learned by the
candidates for the different positions onboard and tested by the competent
bodies. Finally, Part "B" of the Code contains guidance on the
implementation of the whole of the STCW rules. Part "B" of the Code
is the sole part of the Convention which is not legally binding for the State
parties. 
In this context the 2010 revision of the
Convention aimed, on the one hand, to improve its existing provisions (for
example, by enhancing the rules on fraud prevention and medical fitness
standards) and, on the other hand, to update it with the latest technological
developments. 
The Manila Amendments have also introduced
a number of new features, such as training requirements for "able
seafarers" and "electro-technical officers", which were not
included in the former version of the Convention. 

1.3.                
The STCW Directives 

Since they were introduced, the EU rules on
training and certification of seafarers have had a twofold objective: 
·       
setting minimum common standards for training of
seafarers working on EU-flagged ships, based on international standards;
·       
ensure that seafarers working on EU-flagged
ships and holding certificates issued by non-EU countries are properly trained.

These two aspects are intertwined in the
various directives that have
followed the 1994 directive on minimum training for
seafarers, which integrated for the first time the STCW Convention into EU law,
the EU rules being afterwards amended as the STCW Convention was. 
Thus, Directive 94/58 was amended by
Directive 98/35/EC transposing the 1995 amendments to the Convention, and
subsequently replaced by Directive 2001/25 introducing a procedure for the recognition
of seafarers' certificates issued by third countries. Three further amendments
followed, introduced by Directive 2002/84 (defining the comitology procedure
for the recognition of third country certificates), by Directive 2003/103
(providing for a new procedure for the recognition of third countries), by
Directive 2005/23 (introducing requirements for seafarers serving onboard
passenger ships) and by Directive 2005/45 (concerning the mutual recognition of
certificates issued by Member States). Finally, Directive 2008/106 replaced
Directive 2001/25, while introducing new elements concerning the comitology
procedure. 
The main lines of this evolving legislative
framework can be summarised as follows, taking into account the three policy
objectives as indicated above: 
·       
Common standards for training of seafarers
working on EU-flagged ships, have been laid down
reproducing those set out in the STCW Convention. Such standards, once
integrated into EU law and therefore become part of it, are interpreted and implemented
according to EU law principles and, if necessary, enforced like any other EU
law provision. Under the directive currently in force, if minor changes to the
STCW Convention occur, the directive itself may be updated through a comitology
procedure; if significant changes are introduced at an international level, a
new directive is necessary to update the one in force, like in the present
case. 
·       
Recognition of third countries. After the creation of the European Maritime Safety Agency (EMSA),
the Commission has acquired the support necessary to achieve an accurate
knowledge of non-EU countries' systems of training and certification of
seafarers. The Commission has therefore been entrusted with the assessment of
such systems by Directive 2003/103. In particular, the Commission is in charge
of assessing, with the support of EMSA whether third countries comply with the
requirements of the STCW Convention. 
·       
The recognition of a third country, which has to
be requested by a Member State, is carried out in the following way: at first,
EMSA carries out an on the ground inspection of the maritime training and
certification system and facilities in order to gather evidence regarding
compliance with the standards of the STCW Convention; after that, on the basis
of the findings of the inspection and the documents provided by the third
country involved, the Commission Services gauge the STCW compliance of the
system. The phase of assessment of compliance may entail a series of contacts
with the involved third country, which may be willing to introduce adjustments
to its legislation or practice to suit the Commission recommendations. The time
needed for that depends on the nature and extent of those adjustments and the
efforts made by the country in question. At the end of this process the
Commission submits a draft decision (recognising the first country or
withdrawing its recognition) to the Member States for their opinion, in the
framework of a "comitology" procedure. The decision is finally
adopted by the Commission and published in the Official Journal. The Commission
recognition implies that Member States may recognise the certificates issued by
the recognised country and that seafarers from that country will be entitled to
work onboard the ships flying the flag of that Member State. Member States,
however, are not obliged to recognise certificates from those countries,
despite the recognition by the Commission. On the contrary, seafarers from
non-recognised countries are not allowed to work on ships with an EU flag. 

2.                      
Legal elements of the proposal
2.1.                
The Content of the Proposal
2.1.1.          
Manila Amendments

As indicated above, the objective of the
present proposal is to integrate into EU law the 2010 amendments to the STCW
Convention, in order in particular to avoid any conflict between the
international and the EU obligations of the Member States. 
The 2010 amendments regard both the
"Regulations" annexed to the Convention and the more technical
"Code", whose Part "A", as explained, is mandatory. The
main amendments to the Convention, which are reflected in the present proposal,
are: 
–                        
Strengthened provisions concerning training and
assessment, the issuance of certificates of competency, as well as for
prevention of fraudulent practices; 
–                        
Updated standards relating to medical fitness,
fitness for duty as well as alcohol abuse;
–                        
New requirements concerning certification for
able seafarers, for electro-technical officers as well as security-related
training for all seafarers;
–                        
Updated requirements for personnel on certain
types of ships;
–                        
Clarification and simplification of the
definition of "certificate".
Finally, the proposal has adapted the STCW
provisions on watchkeeping, in order to bring them in line with the EU rules on
working time for seafarers. 

2.1.2.          
Extension from three to eighteen months of the deadline
set by Article 19(3) of Directive 2008/106

The proposal also aims to make more
realistic the current three-month deadline for the recognition of third
countries currently provided for in Article 19(3) of Directive 2008/106. This
provision is about the timeframe available to the Commission to decide on the
recognition of a third country following a request by a Member State. 
It should be emphasised that this deadline
originates from the previous procedure for recognition of third countries, put
in place by Directive 2001/25/EC. Under that procedure Member States wishing to
recognise a third country had to send to the Commission the documentation
supporting their request. The work at EU level was therefore carried out on the
basis of pre-arranged paperwork and without any involvement of the third
country. The Commission had three months to examine the documents.
The current mechanism for recognising third
countries, introduced by Directive 2003/103/EC, is radically different and the
experience has revealed that the three-month deadline inherited from the
previous procedure is totally unrealistic. 
Under the current system, in fact, the
recognition of a third country follows an on-the-spot inspection by EMSA, a
report laid down by the latter, an exchange of correspondence between the
Commission and the third country, an assessment by the Commission, the
comitology procedure and finally the adoption of a decision. 
In this context, first of all,
third-country inspections have to be planned by EMSA, which implies that the
inspection of the third country is not necessarily performed immediately after
the request of the Member State. 
Moreover, the assessment of a third country
implies that the authorities of that country are involved in a process of
dialogue with the Commission. This requires time, especially for the
administration of the third country to remedy any initially detected
deficiencies. 
The whole of that makes the three-month
deadline completely unrealistic. The experience gained from the implementation
of Directive 2008/106 reveals that a reasonable time-frame for carrying out the
whole procedure is eighteen months. The present proposal includes a provision
amending Directive 2008/106 to that effect. 

2.1.3.          
Providing the Commission with existing
information on certificates 

Especially in the course of the last decade
it has become clear to policy-makers both at European and national level that
complete and accurate data on seafarers can hardly be gathered. While a number
of studies do exist, these are either based on assumptions, or are not
sufficiently detailed at EU level. This point has also been highlighted by the
Task Force on Maritime Employment and Competitiveness[3], which underlined the need for
accurate statistics. A potential source of accurate data is the certificates
and endorsements issued by the national administrations. Currently, under the
STCW Convention State Parties are obliged to maintain registers of all
certificates and endorsements and the relevant revalidations or other measures
affecting them (Regulation I/2(14)). Similarly EU Member States, under Article
11(4) of Directive 2008/106, have the obligation to maintain a register of
issued certificates and endorsements. While this is an important source of
data, the different formats used by each Member State, as well as statistical
problems (such as potential double counting of seafarers having obtained
certificates or endorsements from various Member States) do not allow for a
complete picture. The Commission, therefore, considers that the collection of
the already existing information in the national registries in a harmonised and
consistent way and fully in line with the requirements for the protection of
personal information would provide significant help in order to achieve a sound
statistical picture of the seafaring profession in Europe. 
It should be emphasised that EMSA has
already developed a platform to provide for the collection and the analysis of
such information, through the "STCW Information System". This system
has been presented to the Member States, which have shown interest in its
potential and usefulness. The system has been submitted to the European Data
Protection Supervisor who cleared it by letter to EMSA of 9 April 2008. The
Supervisor requested on that occasion some adjustments that have been accepted
by EMSA. 
In conclusion, the present proposal
foresees a new provision requiring the Member States to provide standardised
information to the Commission for the purpose of statistical analysis. It is the
intention of the Commission to use the EMSA "STCW Information System"
as a platform for collecting the required information and for conducting
statistical analysis as needed. The detailed content of such information is
presented in a technical annex to the present proposal. 

2.1.4.          
Adaptation to the new rules on
"comitology"

Under the system set up by Directive
2008/106 comitology is relevant in two respects. 
The first one regards technical adaptations,
now limited to (the newly introduced) information requirements (Annex V). 
The second one regards the procedure for
the recognition of third countries. As mentioned, Directive 2008/106 provides
for a comitology procedure for the recognition of third countries by the
Commission. 
Against this background, the Treaty of
Lisbon has introduced significant changes to the "comitology"
mechanism. Two categories of non-legislative acts have been created, that is,
the "delegated acts" and the "implementing acts", both
relevant to the present proposal. 
In fact, under the new Treaty the procedure
for technical adaptation of the directive is governed by the rules on
"delegated acts", while the decisions on recognition of third
countries by those on "implementing acts". 
The present proposal contains provisions to
that effect. 

2.2.                
Entry into Force and Transitional Arrangements 

The amendments to the STCW Convention agreed at
Manila will enter into force on 1 January 2012 (under Article XII of the
Convention and Attachment 1, Resolution 1(3) of the Final Act of the Manila
Conference). Since at that point in time the present proposal will not have
been adopted yet, it has been foreseen that the proposed directive should enter
into force as soon as it is published in the Official Journal. 
The Manila agreement also includes transitional
arrangements (contained in Regulation I/15) aimed to allow that candidates
having started their curriculum before the Manila amendments enter into force
may complete it under the same rules. The transitional arrangements, in the
same way, allow for the renewal and revalidation of certificates issued before
the entry into force of the amended Convention on 1 January 2012. Since
certificates have to be revalidated or renewed after five years at the latest,
and considering that the maximum possible length of a curriculum is five years,
the Manila Convention provides that both new certificates and
renewals/revalidations may be completed/realised under the old rules until 1
January 2017. 
Against this background, it is proposed that
the Directive should mirror the Convention also with respect to transitional
arrangements. The Convention's transitional arrangements have been therefore
reproduced in the proposal. 

2.3.                
Legal basis

Article 100(2) of the Treaty on the Functioning
of the European Union

2.4.                
Subsidiarity principle

As the STCW Convention has been already
transposed into EU law, it is justified that the amendments of the STCW
Convention are transposed into EU law as well. Member States may not implement
the STCW Convention on a homogenous level without the enforcement possibilities
existing under EU law. If the Manila Amendments were not integrated into EU
law, from January 2012 (when the amendments enter into force) Member States
would breach either international law or EU law, a conflict which should be
avoided. 

2.5.                
Proportionality principle

If the Manila Amendments were not integrated
into EU law, Member States would breach either international law or EU law, a
conflict which should be avoided. 

2.6.                
Choice of instruments

Since the measure to be amended is a directive,
the most appropriate instrument appears to be a directive. 

3.                      
RESULTS OF CONSULTATIONS WITH THE INTERESTED PARTIES 

It should be emphasised from the outset
that, since the Member States are parties to the STCW Convention, they had the
opportunity to express their views in the framework of the revision of the
Convention, at the Manila Conference in particular; actually Member States
actively took part in the Conference with the Commission organising the
co-ordination of the EU position. Furthermore, under the STCW Convention all
the parties may oppose any amendment by notifying their opposition to the IMO
(Article XII of the Convention). In the case of the Manila amendments,
opposition had to be notified by 1 July 2011 and no Member State did so. 
As for the proposed directive, the experts
of the Member States were consulted on the review exercise in a meeting which
was held in Brussels on 3 December 2010. On that occasion the Member States
unanimously expressed their wish that the Manila amendments should be integrated
into EU law, while they considered that no overhaul of the directive should be
carried out. 
An
occasion to consult stakeholders was offered by the work of the Task Force on
Maritime Employment and Competitiveness, an independent body set up in July
2010 which finalised its work in June 2011 and issued a Report[4] containing policy
recommendations to the Commission and the social partners on how to promote the
seafaring profession in Europe. The report also addresses the issue of STCW and
clearly favours the integration of updated international rules into EU law[5]
2011/0239 (COD)
Proposal for a
DIRECTIVE OF THE EUROPEAN PARLIAMENT
AND OF THE COUNCIL
amending Directive 2008/106/EC 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 on the
Functioning of the European Union, and in particular Article 100(2) thereof,
Having regard to the proposal from the
European Commission,
After transmission of the draft legislative
act to the national Parliaments,
Having regard to the opinion of the
European Economic and Social Committee[6],

Having regard to the opinion of the
Committee of the Regions[7],

Acting in accordance with the ordinary
legislative procedure,
Whereas:
(1)              
Rules on training and certification of seafarers
have been agreed at an international level by means of the International
Convention on Standards of Training, Certification and Watchkeeping for Seafarers
("STCW"), adopted in 1978 by conference at the International Maritime Organization (IMO), entered into force in 1984 and
significantly amended in 1995. 
(2)              
The STCW Convention has been integrated into Union
law for the first time by Council Directive 94/58/EC of 22
November 1994 on the minimum level of training of seafarers[8]; afterwards the EU rules on
training and certification of seafarers have been adapted to the subsequent
amendments to the Convention, while a common EU mechanism for the recognition
of the systems of training and certification of seafarers in the third
countries has been set up; lately, the rules of the Union on this matter have through
a recast become Directive 2008/106/EC of the European Parliament and of the
Council of 19 November 2008[9].

(3)              
In 2010 a Conference between the State Parties
to the STCW Convention was held in Manila and introduced several significant
changes to the Convention, namely on the prevention of fraudulent practices for
certificates, in the field of medical standards, in the matter of training on
security and with respect to training in technology-related matters. The Manila
amendments have also introduced requirements for able seafarers and established
new professional profiles, such as electro-technical officers. 
(4)              
All the Member States are parties to the
Convention and none of them has objected to the Manila Amendments under the
procedure foreseen to that effect. Member States have therefore to align their
national rules with the Manila Amendments. A conflict between the international
commitments of Member States and their EU commitments should be avoided.
Moreover, given the global nature of shipping, the Union rules on training and
certification of seafarers, should be kept in line with international rules.
Several provisions of Directive 2008/106/EC should be consequently amended in
order to reflect the Manila Amendments. 
(5)              
At the Manila Conference the State-parties
intended, amongst others, to set objective limits to the exceptions to the
minimum rest hours for watchkeeping personnel and seafarers with designated
safety, security and prevention of pollution related tasks. Also such new
provisions should be integrated into EU law. However, they should respect the
provisions on hours of rest applicable to seafarers under Council
Directives 1999/63/EC of 21 June 1999[10]
and 2009/13/EC of 16 February 2009[11].
Furthermore, the faculty of authorising exceptions should be limited in terms
of maximum duration, frequency and scope. Provisions to this effect should be
introduced in the directive. 
(6)              
Directive 2008/106/EC also contains a mechanism
for the recognition of the systems of training and certification of seafarers
of the third countries. The recognition is realised by a decision of the
Commission further to a procedure within which the Commission is assisted by
the European Maritime Safety Agency (the Agency) established by Regulation (EC)
No 1406/2002[12]
and by the Committee on Safe Seas and the Prevention of Pollution from Ships
(COSS), established by Regulation (EC) No 2099/2002[13]; the experience gained in
applying the provisions of Directive 2008/106/EC on recognition of third
countries for STCW purposes suggests that a change should be introduced in the
relevant procedure, namely with respect to the three-month deadline for deciding
on the recognition currently imposed on the Commission by Article 19(3) of the
said Directive. Since the recognition requires an inspection to be performed by
the Agency, which has to be planned and carried out, and, in most cases,
significant adjustments to the STCW requirements by the involved third country,
the whole process cannot be realised in three months; on the basis of
experience, a more realistic time-frame in this respect appears to be eighteen
months. The mentioned deadline should therefore be modified accordingly, while
the possibility for the requesting Member State to provisionally recognise the
third country should be kept in order to preserve flexibility. 
(7)              
Available statistics on European seafarers are
incomplete and often inaccurate, which makes policy-making in this delicate
sector more difficult. Detailed data on certification of seafarers can not
entirely solve this problem but they would clearly help. Under the STCW
Convention State Parties are obliged to maintain registers of all certificates
and endorsements and the relevant revalidations or other measures affecting
them (Regulation I/2(14)). Member States, under Article 11(4) of Directive
2008/106, have the obligation to maintain a register of issued certificates and
endorsements. In order to have a complete as possible picture of the labour
employment situation in Europe, Member States should be required to send to the
Commission selected information already contained in their registers of
seafarers' certificates. This information should be used for statistical
purposes and be in line with the data protection requirements of the Union. A
provision to that effect should be introduced in Directive 2008/106/EC. 
(8)              
In order to gather data on the seafaring
profession consistently with the evolution of the latter and of technology, the
power to adopt acts in accordance with Article 290 of the Treaty on the
Functioning of the European Union should be delegated to the Commission in
respect of adaptations of Annex V of Directive 2008/106/EC. Those delegated acts would regard, in particular, the content of the
information on endorsements, on certificates of competency or proficiency and
on the number and details of seafarers whose certificates are issued or
endorsed, taking into account the safeguards on data protection indicated in
the mentioned Annex. Also, the Commission should have the power to
adopt delegated acts in order to establish measures for collecting, storing and
analysing this kind of statistical information by Member States with a view to accommodating new statistical needs on seafarers, and with a view to gathering
information up-to-date and consistent with reality. It is of
particular importance that the Commission carry out appropriate consultations
during its preparatory work, including at expert level. The Commission, when
preparing and drawing-up delegated acts, should ensure a simultaneous, timely
and appropriate transmission of relevant documents to the European Parliament
and Council.
(9)              
In order to ensure uniform conditions for the
implementation of Directive 2008/106/EC implementing powers have been conferred
on the Commission in the field of training and certification of seafarers.
Those powers should be exercised in accordance with Regulation (EU) No 182/2011
of the European Parliament and of the Council of 16 February 2011 laying down
the rules and general principles concerning mechanisms for control by the
Member States of the Commission's exercise of implementing powers[14]. 
(10)          
The examination procedure should be used for the
implementing decisions on the recognition and withdrawal of recognition of
third countries STCW systems. 
(11)          
The amendments to the Convention enter into
force on 1 January 2012, while transitional arrangements until 1 January 2017
have been provided for in the Manila Agreement in order to allow for a smooth
transition to the new rules. The present Directive should provide for the same
timeframe and transitional arrangements.
(12)          
Directive 2008/106/EC should therefore be
amended accordingly,
HAVE ADOPTED THIS DIRECTIVE:
Article 1
Directive 2008/106/EC is amended as
follows:
1)           Article 1 is amended as follows: 
(a)          Point 18 is replaced by the
following: 
'18."Radio Regulations" means the
revised radio regulations, adopted by the World Radiocommunication Conference
for the Maritime Mobile Service in their up-to-date version;'.
(b)          Point 24 is replaced by the
following: 
'24."STCW Code" means the Seafarers’
Training, Certification and Watchkeeping (STCW) Code as adopted by Resolution 2
of the 2010 STCW Conference of Parties, in its up-to-date version;'.
(c)          Point 27 is deleted.
(d)          The following points are added: 
'32. "GMDSS radio operator" means
a person who is qualified in accordance with the provisions of chapter IV of
Annex I;';
'33. "ISPS Code" means the
International Ship and Port Facility Security (ISPS) Code adopted on 12
December 2002, by resolution 2 of the Conference of Contracting Governments to
the International Convention for the Safety of Life at Sea (SOLAS), 1974, in
its up-to-date version;';
'34. "ship security officer" means
the person on board the ship, accountable to the master, designated by the
Company as responsible for the security of the ship including implementation
and maintenance of the ship security plan and liaison with the Company security
officer and port facility security officers;';
'35. "security duties" include all security tasks and duties on board ships as defined by
chapter XI/2 of the International Convention for the Safety of Life at Sea
(SOLAS 1974, as amended) Convention and the International Ship and Port
Facility Security (ISPS) Code;';
'36. "certificate of competency" means a certificate issued and endorsed for masters, officers and
GMDSS radio operators in accordance with the provisions of Chapters II, III, IV
or VII of Annex I and entitling the lawful holder thereof to serve in the
capacity and perform the functions involved at the level of responsibility
specified therein;';
'37. "certificate of proficiency" means a certificate other than a Certificate of Competency issued to
a seafarer stating that the relevant requirements of training, competencies or
sea-going service in the Directive have been met;';
'38. "documentary evidence" means documentation, other than a certificate of competency or certificate
of proficiency, used to establish that the relevant requirements of this
Directive have been met;';
'39. "electro-technical officer" means an officer qualified in accordance with the provisions of
Chapter III of Annex I;';
'40. "able seafarer deck" means a rating qualified in accordance with the provisions of
Chapter II of Annex I;';
"41. "able seafarer engine" means a rating qualified in accordance with the provisions of
Chapter III of Annex I.'.
2)           In Article 3, paragraph 1 is
replaced by the following:
'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 1(36) and (37).'.
3)           Article 4 is deleted.
4)           Article 5 is amended as follows: 
(a)          Paragraph 1 is replaced by the
following: 
'1.Member States shall ensure that certificates
are issued only to candidates who comply with the requirements of this Article'.'
(b)          Paragraph 3 is replaced by the
following: 
'3. Certificates shall be issued in accordance
with Regulation I/2, paragraph 3, of the STCW Convention.'.
(c)          the following paragraph 3a is inserted:

'3a. Certificates shall be issued only by the
Member States, following verification of the authenticity and validity of any
necessary documentary evidence and in accordance with the
provisions laid down in this Article.';
(d)          At the end of paragraph 5 the
following sentence is added:
'Endorsements shall be issued only if all the
requirements of the STCW Convention and this Directive have been complied
with.'.
(e)          Paragraphs 6 and 7 are replaced
by the following:
'6. A Member State which recognises a
certificate of competency or a certificate of proficiency issued to
masters and officers in accordance with the provisions of regulations V/1-1 and
V/1-2 of Annex I under the procedure laid down in Article 19(2) shall endorse
such certificate to attest its recognition only after ensuring the authenticity
and validity of the certificate. The form of the endorsement used shall be that
set out in paragraph 3 of section A-I/2 of the STCW Code.
7. The endorsements referred to in paragraphs
5 and
6:
(a)          
may be issued as separate documents;
(b)         
shall be issued by Member States only; 
(c)          
shall each be assigned a unique number, except
for endorsements attesting the issue of a certificate which may be assigned the
same number as the certificate concerned, provided that that number is unique;
and
(d)         
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.'.
(f)           the following paragraphs are added:

'11. Each candidate for certification shall
provide satisfactory proof:
(a)          
of his identity;
(b)         
that his age is not less than that prescribed in
the regulations listed in Annex I relevant to the certificate applied for;
(c)          
that he meets the standards of medical
fitness, specified in section A-I/9 of the STCW Code;
(d)         
of having completed the seagoing service and any
related compulsory training prescribed in the regulations listed in Annex I for
the certificate applied for; and 
(e)          
that he meets the standards of competence
prescribed in the regulations listed in Annex I for the capacities, functions
and levels that are to be identified in the endorsement to the certificate.
12. Each Member State shall undertake:
(a)          
to maintain a register or registers of all
certificates and endorsements for masters and officers and, as appropriate,
ratings, where applicable, which are issued, have expired or have been
revalidated, suspended, cancelled or reported lost or destroyed as well as of
dispensations issued; 
(b)         
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.
(c)          
to make available to the Commission on a yearly
basis the information indicated in Annex V to this Directive, for the purposes
of statistical analysis. 
13. As of 1 January 2017, the information
required to be available in accordance with paragraph 12 shall be made
available through electronic means.'.
5)           Article 7 is amended as follows:
(a)          the following paragraph 1a is
inserted:
'1a. A Member State, for ships afforded the benefits of
the near-coastal voyage provisions of the STCW Convention, which includes
voyages off the coast of other Member States or Parties to the STCW Convention
within the limits of their near-coastal definition, shall enter into an
undertaking with the Member States or Parties concerned specifying the details
of both involved trading areas and other relevant provisions.'.
(b)          the following paragraphs 3a and
3b are inserted :
'3a. The certificates of seafarers issued by a Member
State or a Party to the STCW Convention for its defined near-coastal voyages
limits may be accepted by other Member States for service in their defined
near-coastal voyages limits, provided the Member States or Parties concerned
enter into an undertaking specifying the details of involved trading areas and
other relevant conditions thereof.
3b. Member States defining near-coastal voyages, in
accordance with requirements of this Article, shall:
(a)          
meet the principles governing near-coastal voyages
specified in section A-I/3 of the STCW Code;
(b)         
incorporate the near-coastal voyages limits in the
endorsements issued pursuant to Article 5.'.
6)           In Article 9, paragraphs 1 and 2
are replaced by the following: 
'1. Member States shall establish processes and
procedures for the impartial investigation of any reported incompetence, act,
omission or compromise to security, that may pose a direct
threat to safety of life or property at sea or to the marine environment, on
the part of the holders of certificates 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. Member States shall take and enforce
appropriate measures to prevent fraud and other unlawful practices involving
certificates and endorsements issued.'.
7)           Article 10 is amended as follows:
(a)          Paragraph 1 is amended as
follows:
(i)           point (a) is replaced by the
following: 
'(a)     all training, assessment of
competence, certification, including medical certification,
endorsement and revalidation activities carried out by non-governmental
agencies or entities under its authority are continuously monitored through a
quality standards system to ensure the achievement of defined objectives,
including those concerning the qualifications and experience of instructors and
assessors;'.
(ii)          point (c) is replaced by the
following: 
'(c)     education and training objectives and
related quality standards of competence to be achieved are clearly defined and
that the levels of knowledge, understanding and skills appropriate to the
examinations and assessments required under the STCW Convention identified. The
objectives and related quality standards may be specified separately for
different courses and training programmes and shall cover the administration of
the certification system;'.
(b)          In paragraph 2 the following point
(d) is added: 
'd)      all applicable provisions of this
Directive and the STCW Convention and Code, including amendments are covered by
the quality standards system.'.
(c)          Paragraph 3 is replaced by the
following: 
'3. A report relating to each evaluation
carried out pursuant to paragraph 2 shall be communicated by the Member State
concerned to the Commission, in accordance with the format specified in section A-I/7
of the STCW Code, within six months of the date of the
evaluation.'.
8)           Article 11 is replaced by the
following: 
'Article 11
Medical standards 
1.                      
Each Member State shall establish standards of
medical fitness for seafarers and procedures for the issue of a medical
certificate in accordance with the provisions of this Article and Section A-I/9
of the STCW Code.
2.                      
Each Member State shall ensure those responsible
for assessing the medical fitness of seafarers are medical practitioners
recognised by that Member State for the purpose of seafarer medical
examinations, in accordance with the provisions of section A-I/9 of the STCW
Code.
3.                      
Every seafarer holding a certificate issued under
the provisions of the Convention who is serving at sea, shall, also hold a
valid medical certificate issued in accordance with the provisions of this
Article and of Section A-I/9 of the STCW Code.
4.                      
Every candidate for certification shall:
(a)         
be not less than 16 years of age;
(b)         
provide satisfactory proof of his identity; and
(c)         
meet the applicable medical fitness standards
established by the Member State concerned.
5.                      
Medical certificates shall remain valid for a
maximum period of two years unless the seafarer is under the age of 18, in
which case the maximum period of validity shall be one year.
6.                      
If the period of validity of a medical certificate
expires in the course of a voyage, then the medical certificate shall remain in
force until the arrival in the next port of call where a medical practitioner
recognised by the Member State is available, provided that the period shall not
exceed three months.
7.                      
In urgent cases a Member State may permit a
seafarer to work without a valid medical certificate until the arrival in the next
port of call where a recognised medical practitioner recognised by that Member
State is available, provided that:
(a)         
the period of such permission does not exceed
three months; and
(b)         
the seafarer concerned is in possession of an
expired medical certificate of recent date.'.
9)           Article 12 is amended as follows:
(a)          the following paragraph 2a is
inserted:
'2a. Every master and officer shall, for
continuing seagoing service onboard tankers, meet the requirements of paragraph
1 of this Article and be required, at intervals not exceeding five years, to
establish continued professional competence for tankers in accordance with
section A-I/11, paragraph 3 of the STCW Code.'.
(b)          In paragraph 3) the reference to "1
February 2002" is replaced by a reference to "1 January 2017". 
(c)          Paragraph 5 is replaced by the
following: 
'5. For the purpose of updating the knowledge
of masters, officers and radio operators, each Member State shall ensure that
the texts of recent changes in national and international regulations
concerning the safety of life at sea, security and the protection
of the marine environment are made available to ships entitled to fly its
flag.'.
10)         In Article 13, paragraph 2 is
deleted. 
11)         Article 14 is amended as follows:
(a)          In paragraph 1, the following
points (f) and (g) are added
'(f)     seafarers assigned to any of
its ships have received refresher and updating training as required by the STCW
Convention;
(g)     at all times on board its ships there
shall be effective oral communication in accordance with chapter V, regulation
14, paragraphs 3 and 4 of the SOLAS Convention.'.
(b)          The following paragraph 4 is
added : 
'4. Companies shall ensure that masters, officers and
other personnel assigned specific duties and responsibilities on board their
ro-ro passenger ships shall have completed familiarization training to attain
the abilities that are appropriate to the capacity to be filled and duties and
responsibilities to be taken up, taking into account the guidance given in section
B-I/14 of the STCW Code.'.
12)       Article 15 is replaced by the
following: 
'Fitness for Duty
1.                      
For the purpose of preventing fatigue, Member
States shall
(a)         
establish and enforce rest periods for
watchkeeping personnel and those whose duties involve designated safety,
security and prevention of pollution duties in accordance with paragraphs 3 to
15; 
(b)         
require that watch systems are arranged in such
a way that the efficiency of watchkeeping personnel is not impaired by fatigue
and that duties are organised in such a way that the first watch at the start
of a voyage and subsequent relieving watches are sufficiently rested and
otherwise fit for duty.
2.                      
Member States shall, for the purpose of preventing
drug and alcohol abuse, ensure that adequate measures are established in
accordance with the provisions laid down in this Article. 
3.                      
Member States shall take account of the danger
posed by fatigue of seafarers, especially those whose duties involve the safe
and secure operation of a ship.
4.                      
All persons who are assigned duty as officer in
charge of a watch or as a rating forming part of a watch, and those whose
duties involve designated safety, prevention of pollution and security duties
shall be provided with a rest period of not less than:
(a)         
a minimum of 10 hours of rest in any 24-hour
period; and
(b)         
77 hours in any 7-day period.
5.                      
The hours of rest may be divided into no more than
two periods, one of which shall be at least 6 hours in length, and the
intervals between consecutive periods of rest shall not exceed 14 hours.
6.                      
The requirements for rest periods laid down in
paragraphs 4 and 5 need not be maintained in the case of an emergency or drill
or in other overriding operational conditions. Musters, fire-fighting and
lifeboat drills, and drills prescribed by national laws and regulations and by
international instruments, shall be conducted in a manner that minimizes the
disturbance of rest periods and does not induce fatigue.
7.                      
Member States shall require that watch
schedules be posted where they are easily accessible. The schedules shall be
established in a standardized format in the working language or languages of
the ship and in English.
8.                      
When a seafarer is on call, such as when a
machinery space is unattended, the seafarer shall have an adequate compensatory
rest period if the normal period of rest is disturbed by call-outs to work.
9.                      
Member States shall require that records of daily
hours of rest of seafarers be maintained in a standardized format, in the
working language or languages of the ship and in English, to allow monitoring
and verification of compliance with the provisions of this article. The
seafarers shall receive a copy of the records pertaining to them, which shall
be endorsed by the master, or by a person authorized by the master, and by the
seafarer. 
10.                  
Notwithstanding the rules laid down in paragraphs
3 to 9, the master of a ship shall be entitled to require a seafarer to perform
any hours of work necessary for the immediate safety of the ship, persons on
board or cargo, or for the purpose of giving assistance to other ships or
persons in distress at sea. Accordingly, the master may suspend the schedule of
hours of rest and require a seafarer to perform any hours of work necessary
until the normal situation has been restored. As soon as practicable after the
normal situation has been restored, the master shall ensure that any seafarers
who have performed work in a scheduled rest period are provided with an
adequate period of rest.
11.                  
With due regard for the general
principles of the protection of the health and safety of workers, Member States may
authorise or register collective agreements permitting exceptions
to the
required hours of rest in paragraph 4(b) and 5 provided that the rest period is
no less than 70 hours in any 7-day period. Such exceptions shall,
in accordance with directive 1999/63/EC, as far as possible, follow the
standards set out but may take account of more frequent or longer leave
periods, or the granting of compensatory leave and should equally, as far as
possible, take into account the guidance regarding prevention of fatigue laid
down in section B-VIII/1 of the STCW Code.
12.                  
Exceptions referred to in paragraph 11 to the
weekly rest period provided for in paragraph 4(b) shall not be allowed for more
than two consecutive weeks. The intervals between two periods of exceptions on
board shall not be less than twice the duration of the exception.
13.                  
In the framework of possible exceptions to
paragraph 5 referred to in paragraph 11, the hours of rest provided for in
paragraph 4(a) may be divided into no more than three periods, one of which
shall be at least 6 hours in length and neither of the two other periods shall
be less than one hour in length. The intervals between consecutive periods of
rest shall not exceed 14 hours. Exceptions shall not extend beyond two 24-hour
periods in any 7-day period.
14.                  
Member States shall establish, for the purpose of
preventing alcohol abuse, a limit of not greater than 0.05% blood alcohol level
(BAC) or 0.25 mg/l alcohol in the breath or a quantity of alcohol leading to
such alcohol concentration for masters, officers and other seafarers while
performing designated safety, security and marine environmental duties.'.
13)         In Article 19, paragraph 3 is
replaced by the following:
'3. The decision on the
recognition of a third country shall be taken by the Commission in accordance
with the examination procedure referred to in Article 28(2), within eighteen
months from the date of the request for the recognition. The Member State
submitting the request may decide to recognise the third country unilaterally
until a decision is taken under this paragraph.'.
14)         In Article 20, paragraph 6 is replaced
by the following:
'6. The decision on the withdrawal of the
recognition shall be taken in accordance with the examination procedure
referred to in Article 28(2). The Member States concerned shall take
appropriate measures to implement the decision.'.
15)         In Article 23, paragraph 2 is amended
as follows:
(a)          the introductory sentence is
replaced by the following:
'2. The ability of the ship’s seafarers to
maintain watchkeeping and security standards, as appropriate,
as required by the STCW Convention shall be assessed in accordance with Part A
of the STCW Code if there are clear grounds for believing that such standards
are not being maintained because any of the following has occurred:'.
(b)          point (d) is replaced by the
following: 
'(d)     the ship is otherwise being operated
in such a manner as to pose a danger to persons, property or the environment, or a
compromise to security;'.
16)         The following Article 25a is inserted: 
'Article 25a
Information for statistical
purposes
1.           The Member States shall communicate
the information listed in Annex V to the Commission for statistical purposes.
2.           This information shall be
made available by Member States to the Commission on a yearly basis and in
electronic format and will include information registered until 31 December of
the previous year.
3.           The Commission shall be
empowered to adopt delegated acts in accordance with Article 27a in order to
establish appropriate measures for collecting, storing and analysing this
information.'. 
17)       Article 27 is replaced by the
following: 
'The Commission shall be empowered to adopt
delegated acts amending Annex V to this Directive with respect to specific and
relevant content and details of the information that need to be reported by
Member States, while taking into account the safeguards on data protection, in
accordance with Article 27a.'.
18)         The following Article 27a is
inserted:
'Article
27a
Exercise of the delegation
1.                      
The power to adopt delegated acts is conferred
on the Commission subject to the conditions laid down in this Article. 
2.                      
The delegation of power referred to in Article
25a and Article 27 shall be conferred on the Commission for an indeterminate
period of time from the date of entry into force of this Directive.
3.                      
The delegation of power referred to in Article
25a and Article 27 may be revoked at any time by the European Parliament or by
the Council. A decision of revocation shall put an end to the delegation of the
power specified in that decision. It shall take effect the day following the
publication of the decision in the Official Journal of the European Union or at
a later date specified therein. It shall not affect the validity of any
delegated acts already in force. 
4.                      
As soon as it adopts a delegated act, the
Commission shall notify it simultaneously to the European Parliament and to the
Council.
5.                      
A delegated act adopted pursuant to Article 25a
and Article 27 shall enter into force only if no objection has been expressed
either by the European Parliament or the Council within a period of
2 months of notification of that act to the European Parliament and the
Council or if, before the expiry of that period, the European Parliament and
the Council have both informed the Commission that they will not object.
That period shall be extended by 2 months at the initiative of the
European Parliament or the Council.'.
19)         Article 28 is replaced by the
following:
'Article 28
Committee
'1. The Commission shall be assisted by the
Committee on Safe Seas and the Prevention of Pollution from Ships (COSS)
established by Regulation (EC) No 2099/2002.That committee shall be a committee
within the meaning of Regulation (EU ) No. 182/2011. 
2. Where reference is made to this paragraph,
Article 5 of Regulation (EU) No 182/2011 shall apply. '. ' 
20)         Articles 29 and 30 are replaced by
the following: 
'Article 29
Penalties
Member States shall lay down systems of
penalties for breaching the national provisions adopted pursuant to Articles 3,
5, 7, 9 to 15, 17, 18, 19, 22, 23, 24 and Annex I, and shall take all the
measures necessary to ensure that they are implemented. The penalties provided
for must be effective, proportionate and dissuasive.
Article 30
Transitional provisions
1.                      
In respect of those seafarers who commenced
approved seagoing service, approved education and training programme or an
approved training course before 1 July 2013, a Member State may continue to
issue, recognise and endorse, until 1 January 2017, certificates in accordance
with the requirements of this Directive as they were before the present
Directive entered into force.
Until 1 January 2017, a Member State may continue to
renew and revalidate certificates and endorsements in accordance with the
requirements of this Directive as they were before the present Directive
entered into force.'
21)         Article 33 is deleted. 
22)         The Annexes are amended as
follows:
(a)          Annex I to Directive 2008/106/EC
is replaced by Annex I to this Directive. 
(b)          Annex II to Directive 2008/106/EC
is amended as laid down in Annex II to this Directive. 
(c)          The text set out in Annex III to
this Directive is added as Annex V to Directive 2008/106/EC.
Article 2
Entry into force
This Directive shall enter into force
from the twentieth day following its publication in the Official Journal of
the European Union.
It shall apply from 1 January 2012.
Article 3
Transposition
1.                      
Member States shall bring into force the laws,
regulations and administrative provisions necessary to comply with this
Directive by 31 December 2012 at the latest. They shall forthwith communicate
to the Commission the text of those provisions and a correlation table between
those provisions and this Directive.
When Member States adopt such provisions, they
shall contain a reference to this Directive or be accompanied by such a
reference on the occasion of their official publication. Member States shall
determine how such reference is to be made.
2.                      
Member States shall communicate to the
Commission the text of the main provisions of national law which they adopt in
the field covered by this Directive.
Article 4
Addressees
This Directive is addressed to the Member
States.
Done at Brussels, 
For the European Parliament                       For
the Council
The President                                                 The
President
'ANNEX I
TRAINING REQUIREMENTS OF THE STCW CONVENTION, REFERRED TO IN ARTICLE 3
CHAPTER I
GENERAL PROVISIONS
1.                      
The Regulations referred to in this Annex are
supplemented by the mandatory provisions contained in Part A of the STCW Code
with the exception of Chapter VIII, Regulation VIII/2.
Any reference to a requirement in a Regulation
also constitutes a reference to the corresponding section of Part A of the STCW
Code.
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.
Part A of the STCW Code contains standards of
competence required to be demonstrated by candidates for the issue, and
revalidation of certificates of competency under the provisions of the STCW
Convention. To clarify the linkage between the alternative certification
provisions of Chapter VII and the certification provisions of Chapters II, III
and IV, the abilities specified in the standards of competence are grouped as
appropriate under the following seven functions: 
(1)         
Navigation;
(2)         
Cargo handling and stowage;
(3)         
Controlling the operation of the ship and care
for persons on board;
(4)         
Marine engineering;
(5)         
Electrical, electronic and control engineering;
(6)         
Maintenance and repair;
(7)         
Radio communications,
at the following levels of responsibility:
(1)         
Management level;
(2)         
Operational level;
(3)         
Support level.
Functions and levels of responsibility
are identified by subtitle in the tables of standards of competence given
specified in Chapters II, III and IV of the Part A of the STCW Code.
CHAPTER II
MASTER AND DECK DEPARTMENT
Regulation II/1
Mandatory minimum requirements for
certification of officers in charge of a navigational watch on ships of 500
gross tonnage or more
1.                      
Every officer in charge of a navigational watch
serving on a seagoing ship of 500 gross tonnage or more shall hold a certificate
of competency.
2.                      
Every candidate for certification shall:
2.1.                
be not less than 18 years of age;
2.2.                
have approved seagoing service of not less than 12
months as part of an approved training programme which includes 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 36 months;
2.3.                
have performed, during the required seagoing service,
bridge watchkeeping duties under the supervision of the master or a qualified
officer for a period of not less than six months;
2.4.                
meet the applicable requirements of the
regulations in Chapter IV, as appropriate, for performing designed radio duties
in accordance with the Radio Regulations;
2.5.                
have completed approved education and training and
meet the standard of competence specified in Section A-II/1 of the STCW Code;
2.6.                
meet the standard of competence specified in
section A-VI/1, paragraph 2, section A-VI/2 paragraphs 1 to 4, section A-VI/3
paragraphs 1 to 4 and section A-VI/4 paragraphs 1 to 3 of the STCW Code. 
Regulation II/2
Mandatory minimum requirements for
certification of masters and chief mates on ships of 500 gross tonnage or more
Master and chief mate on ships of 3000
gross tonnage or more
1.                      
Every master and chief mate on a seagoing
ship of 3000 gross tonnage or more shall hold a certificate of competency.
2.                      
Every candidate for certification shall:
2.1.                
meet the requirements for certification as an officer
in charge of a navigational watch on ships of 500 gross tonnage or more and
have approved seagoing service in that capacity:
2.1.1.          
for certification as chief mate, not less than
12 months; and
2.1.2.          
for certification as master, not less than 36
months; however, this period may be reduced to not less than 24 months if not
less than 12 months of such seagoing service has been served as chief mate;
2.2.                
have completed approved education and training and
meet the standard of competence specified in Section A-II/2 of the STCW Code
for masters and chief mates on ships of 3000 gross tonnage or more.
Master and chief mate on ships of between
500 and 3000 gross tonnage
1.                      
Every master and chief mate on a seagoing
ship of between 500 and 3000 gross tonnage shall hold a certificate of competency.
2.                      
Every candidate for certification shall:
2.1.                
for certification as chief mate, meet the
requirements of an officer in charge of a navigational watch on ships of 500
gross tonnage or more;
2.2.                
for certification as master, meet the requirements
of an officer in charge of a navigational watch on ships of 500 gross tonnage
or more and have approved seagoing service of not less than 36 months in that
capacity; however, this period may be reduced to not less than 24 months if not
less than 12 months of such seagoing service has been served as chief mate;
2.3.                
have completed approved training and meet the
standard of competence specified in Section A-II/2 of the STCW Code for masters
and chief mates on ships of between 500 and 3000 gross tonnage.
Regulation II/3
Mandatory minimum requirements for
certification of officers in charge of a navigational watch and of masters on
ships of less than 500 gross tonnage
Ships not engaged on near-coastal voyages
1.                      
Every officer in charge of a navigational watch
serving on a seagoing ship of less than 500 gross tonnage not engaged on
near-coastal voyages shall hold a certificate of competency
for ships of 500 gross tonnage or more.
2.                      
Every master serving on a seagoing ship of less
than 500 gross tonnage not engaged on near-coastal voyages shall hold a certificate
of competency for service as master on ships of between 500 and
3000 gross tonnage.
Ships engaged on near-coastal voyages
Officer in charge of a navigational
watch
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 a certificate of competency.
2.                      
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:
2.1.                
be not less than 18 years of age;
2.2.                
have completed:
2.2.1.          
special training, including an adequate period
of appropriate seagoing service as required by the Member State; or
2.2.2.          
approved seagoing service in the deck department
of not less than 36 months;
2.3.                
meet the applicable requirements of the
regulations in Chapter IV, as appropriate, for performing designated radio
duties in accordance with the Radio Regulations;
2.4.                
have completed approved education and training and
meet the standard of competence specified in Section A-II/3 of the STCW Code
for officers in charge of a navigational watch on ships of less than 500 gross
tonnage engaged on near-coastal voyages;
2.5.                
meet the standard of competence specified in
section A-VI/1, paragraph 2, section A-VI/2 paragraphs 1 to 4, section A-VI/3
paragraphs 1 to 4 and section A-VI/4 paragraphs 1 to 3 of the STCW Code;
Master
Every master serving on a seagoing ship of
less than 500 gross tonnage engaged on near-coastal voyages shall hold a certificate
of competency.
1.                      
Every candidate for certification as master on a
seagoing ship of less than 500 gross tonnage engaged on a near-coastal voyages
shall:
1.1.                
be not less than 20 years of age;
1.2.                
have approved seagoing service of not less than
12 months as officer in charge of a navigational watch;
1.3.                
have completed approved education and training
and meet the standard of competence specified in Section A-II/3 of the STCW
Code for masters on ships of less than 500 gross tonnage engaged on
near-coastal voyages;
1.4.                
meet the standard of competence specified in section
A-VI/1, paragraph 2, section A-VI/2 paragraphs 1 to 4, section A-VI/3
paragraphs 1 to 4 and section A-VI/4 paragraphs 1 to 3 of the STCW Code. 
2.                      
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.                      
Every rating forming part of a navigational
watch on a seagoing ship of 500 gross tonnage or more, other than ratings under
training and ratings whose duties while on watch are of an unskilled nature,
shall be duly certificated to perform such duties.
2.                      
Every candidate for certification shall:
2.1.                
be not less than 16 years of age;
2.2.                
have completed:
2.3.                
approved seagoing service including not less
than six months training and experience; or
2.4.                
special training, either pre-sea or on board
ship, including an approved period of seagoing service which shall not be less
than two months;
2.5.                
meet the standard of competence specified in
Section A-II/4 of the STCW Code.
3.                      
The seagoing service, training and experience
required by points 2.2.1 and 2.2.2 shall be associated with navigational watchkeeping
functions and involve the performance of duties carried out under the direct
supervision of the master, the officer in charge of the navigational watch or a
qualified rating.
Regulation II/5
Mandatory minimum requirements for
certification of ratings as able seafarer deck
1.                      
Every able seafarer deck serving on a seagoing
ship of 500 gross tonnage or more shall be duly certificated.
2.                      
Every candidate for certification shall:
2.1.                
be not less than 18 years of age;
2.2.                
meet the requirements for certification as a rating
forming part of a navigational watch;
2.3.                
while qualified to serve as a rating forming part
of a navigational watch, have approved seagoing service in the deck department
of:
2.3.1.          
not less than 18 months, or
2.3.2.          
not less than 12 months and have completed
approved training; and
2.4.                
meet the standard of competence specified in
section A-II/5 of the STCW Code.
3.                      
Every Member State shall compare the standards of
competence which it required of Able Seamen for certificates issued before 1
January 2012 with those specified for the certificate in section A-II/5 of the
STCW Code, and shall determine the need, if any, for requiring these personnel
to update their qualifications.
4.                      
Until 1 January 2017, a Member State which is also
a party to the International Labour Organisation Certification of Able Seamen
Convention, 1946 (No 74) may continue to renew and revalidate certificates and
endorsements in accordance with the provisions of the aforesaid Convention. 
5.                      
Seafarers may be considered by the Member State to have
met the requirements of this regulation if they have served in a relevant
capacity in the deck department for a period of not less than 12 months within
the last 60 months preceding the entry into force of the present directive
CHAPTER III
ENGINE DEPARTMENT
Regulation III/1
Mandatory minimum requirements for
certification of officers in charge of an engineering watch in a manned
engine-room or designated duty engineers in a periodically unmanned engine-room
1.                      
Every officer in charge of an engineering
watch in a manned engine-room or designated duty engineer officer in a
periodically unmanned engine-room on a seagoing ship powered by main propulsion
machinery of 750 kW propulsion power or more shall hold a certificate of competency.
2.                      
Every candidate for certification shall:
2.1.                
be not less than 18 years of age;
2.2.                
have completed combined workshop skill training
and an approved seagoing service of not less than 12 months as part of an
approved training programme which includes onboard training which meets the
requirements of section A-III/1 of the STCW Code and is documented in an
approved training record book, or otherwise have completed combined workshop
skill training and an approved seagoing service of not less than 36 months of
which not less than 30 months will be seagoing service in the engine
department;
2.3.                
have performed, during the required seagoing
service, engine-room watchkeeping duties under the supervision of the chief
engineer officer or a qualified engineer officer for a period of not less than
six months;
2.4.                
have completed approved education and training
and meet the standards of competence specified in Section A-III/1 of the STCW
Code;
2.5.                
meet the standards of competence specified in section
A-VI/1, paragraph 2, section A-VI/2, paragraphs 1 to 4, section A-VI/3,
paragraphs 1 to 4 and section A-VI/4, paragraphs 1 to 3 of the STCW Code.
Regulation III/2
Mandatory minimum requirements for
certification of chief engineer officers and second engineer officers on ships
powered by main propulsion machinery of 3000 kW propulsion power or more
1.                      
Every chief engineer officer and second
engineer officer on a seagoing ship powered by main propulsion machinery of
3000 kW propulsion power or more shall hold a certificate of competency.
2.                      
Every candidate for certification shall:
2.1.                
meet the requirements for certification
as an officer in charge of an engineering watch on seagoing ships powered by
main propulsion machinery of 750 kW propulsion power or more and
have
approved seagoing service in that capacity:
2.1.1.          
for certification as a second engineer officer,
not less than 12 months as qualified engineer officer; and
2.1.2.          
for certification as chief engineer officer,
not less than 36 months, however, this period may be reduced to not less than 24
months if not less than 12 months of such seagoing service has been served as
second engineer officer; and
2.2.                
have completed approved education and training
and meet the standard of competence specified in Section A-III/2 of the STCW
Code.
Regulation III/3
Mandatory minimum requirements for
certification of chief engineer officers and second engineer officers on ships
powered by main propulsion machinery of between 750 kW and 3000 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 3000 kW propulsion power shall hold a certificate of competency.
2.                      
Every candidate for certification shall:
2.1.                
meet the requirements for certification as an
officer in charge of an engineering watch and:
2.1.1.          
for certification as second engineer officer,
shall have not less than 12 months approved seagoing service as assistant
engineer officer or engineer officer; and
2.1.2.          
for certification as chief engineer officer,
shall have not less than 24 months approved seagoing service of which not less
than 12 months shall be served while qualified to serve as second engineer
officer;
2.2.                
have completed approved education and training
and meet the standard of competence specified in Section A-III/3 of the STCW
Code.
3.                      
Every engineer officer who is qualified to serve
as second engineer officer on ships powered by main propulsion machinery of
3000 kW propulsion power or more, may serve as chief engineer officer on ships
powered by main propulsion machinery of less than 3000 kW propulsion power,
provided that the certificate is so endorsed.
Regulation III/4
Mandatory minimum requirements for
certification of ratings forming part of a watch in a manned engine-room or
designated to perform duties in a periodically unmanned engine-room
1.                      
Every rating forming part of an engine-room
watch or designated to perform duties in a periodically unmanned engine-room on
a seagoing ship powered by main propulsion machinery of 750 kW propulsion power
or more, other than ratings under training and ratings whose duties are of an
unskilled nature, shall be duly certificated to perform such duties.
2.                      
Every candidate for certification shall:
2.1.                
be not less than 16 years of age;
2.2.                
have completed:
2.2.1.          
approved seagoing service including not less
than six months training and experience; or
2.2.2.          
special training, either pre-sea or on board
ship, including an approved period of seagoing service which shall not be less
than two months;
2.3.                
meet the standard of competence specified in
Section A-III/4 of the STCW Code.
3.                      
The seagoing service, training and
experience required by points 2.2.1 and 2.2.2 shall be associated with
engine-room watchkeeping functions and involve the performance of duties
carried out under the direct supervision of a qualified engineer officer or a
qualified rating.
Regulation III/5
Mandatory minimum requirements for certification of ratings as able
seafarer engine in a manned engine-room or designated to perform duties in a
periodically unmanned engine-room
1.                      
Every able seafarer engine serving on a seagoing
ship powered by main propulsion machinery of 750 kW propulsion power or more
shall be duly certificated.
2.                      
Every candidate for certification shall:
2.1.                
be not less than 18 years of age;
2.2.                
meet the requirements for certification as a
rating forming part of a watch in a manned engine-room or designated to perform
duties in a periodically unmanned engine-room;
2.3.                
while qualified to serve as a rating forming part
of an engineering watch, have approved seagoing service in the engine
department of:
2.3.1.          
not less than 12 months, or
2.3.2.          
not less than 6 months and have completed approved
training; and
2.4.                
meet the standard of competence specified in
section A-III/5 of the STCW Code.
3.                      
Every Member State shall compare the standards of
competence which it required of ratings in the engine department for
certificates issued before 1 January 2012 with those specified for the
certificate in section A-III/5 of the STCW Code, and shall determine the need,
if any, for requiring these personnel to update their qualifications.
4.                      
Seafarers may be considered by the Member State to
have met the requirements of this regulation if they have served in a relevant
capacity in the engine department for a period of not less than 12 months
within the last 60 months preceding the entry into force of this Directive.
Regulation III/6
Mandatory minimum requirements for certification of electro-technical
officer
1.                      
Every electro-technical officer serving on a
seagoing ship powered by main propulsion machinery of 750 kW propulsion power
or more, shall hold a certificate of competency.
2.                      
Every candidate for certification shall:
2.1.                
be not less than 18 years of age;
2.2.                
have completed not less than 12 months of combined
workshop skills training and approved seagoing service of which not less than 6
months will be seagoing service as part of an approved training programme which
meets the requirements of section A-III/6 of the STCW Code and is documented in
an approved training record book, or otherwise not less than 36 months of
combined workshop skills training and approved seagoing service of which not
less than 30 months will be seagoing service in the engine department; and
2.3.                
have completed approved education and training and
meet the standards of competence specified in section A-III/6 of the STCW Code.
3.                      
Every Member State shall compare the standards of
competence which it required of electro-technical officers for certificates
issued before 1 January 2012 with those specified for the certificate in
section A-III/6 of the STCW Code, and shall determine the need for requiring
those personnel to update their qualifications.
4.                      
Seafarers may be considered by the Member State to
have met the requirements of this regulation if they have served in a relevant
capacity on board a ship for a period of not less than 12 months within the
last 60 months preceding the entry into force of this Directive and meet the standard
of competence specified in section A-III/6 of the STCW Code.
5.                      
Notwithstanding the above requirements of
Paragraphs 1 to 4, a suitably qualified person may be considered by a Member
State able to perform certain functions of section A-III/6.
Regulation III/7
Mandatory minimum requirements for certification of electro-technical
rating
1.                      
Every electro-technical rating serving on a
seagoing ship powered by main propulsion machinery of 750 kW propulsion power
or more shall be duly certificated.
2.                      
Every candidate for certification shall:
(1)         
be not less than 18 years of age;
(2)         
have completed approved seagoing service including
not less than 12 months training and experience, or
(3)         
have completed approved training, including an
approved period of seagoing service which shall not be less than 6 months; or
(4)         
have qualifications that meet the technical
competences in table A-III/7 of the STCW Code and an approved period of
seagoing service, which shall not be less than 3 months; and
(5)         
meet the standard of competence specified in section
A-III/7 of the STCW Code;
3.                      
Every Member State shall compare the standards of
competence which it required of electro-technical ratings for certificates
issued before 1 January 2012 with those specified for the certificate in
section A-III/7 of the STCW Code, and shall determine the need, if any, for
requiring these personnel to update their qualifications.
4.                      
Seafarers may be considered by the Member State to
have met the requirements of this regulation if they have served in a relevant
capacity on board a ship for a period of not less than 12 months within the
last 60 months preceding the entry into force of this Directive and meet the standard
of competence specified in section A-III/7 of the STCW Code.
5.                      
Notwithstanding the above requirements of
Paragraphs 1 to 4, a suitably qualified person may be considered by a Member
State able to perform certain functions of section A-III/7.
CHAPTER IV
RADIO COMMUNICATION AND RADIO PERSONNEL
Explanatory note
Mandatory provisions relating to radio
watchkeeping are set forth in the Radio Regulations and in the SOLAS 74, as
amended. Provisions for radio maintenance are set forth in the SOLAS 74, as
amended, and the guidelines adopted by the International Maritime Organisation.
Regulation IV/1
Application
1.                      
Except as provided in point 2, the provisions of
this chapter apply to radio operators on ships operating in the global
maritime distress and safety system (GMDSS) as prescribed by the SOLAS 74, as
amended.
2.                      
Radio personnel on ships not required to comply
with the provisions of the GMDSS in Chapter IV of the SOLAS 74 are not required
to meet the provisions of this chapter. Radio operators on
these ships are, nevertheless, required to comply with the Radio Regulations.
The Administration shall ensure that the appropriate certificates as prescribed
by the Radio Regulations are issued to or recognised in respect of such radio operators.
Regulation IV/2
Mandatory minimum requirements for
certification of GMDSS radio operators
1.                      
Every person in charge of or performing radio
duties on a ship required to participate in the GMDSS shall hold an appropriate
certificate related to the GMDSS, issued or recognised by the Administration
under the provisions of the Radio Regulations.
2.                      
In addition, every candidate for certification of competency
under this regulation for service on a ship which is required by the SOLAS 74,
as amended, to have a radio installation shall:
2.1.                
be not less than 18 years of age; and
2.2.                
have completed approved education and training
and meet the standard of competence specified in Section A-IV/2 of the STCW
Code.
CHAPTER V
SPECIAL TRAINING REQUIREMENTS FOR PERSONNEL ON CERTAIN TYPES OF SHIPS
Regulation V/1-1
Mandatory minimum requirements for the training and qualifications of
masters, officers and ratings on oil and chemical tankers
1.                      
Officers and ratings assigned specific duties and
responsibilities related to cargo or cargo equipment on oil or chemical tankers
shall hold a certificate in basic training for oil and chemical tanker cargo
operations.
2.                      
Every candidate for a certificate in basic
training for oil and chemical tanker cargo operations shall have completed
basic training in accordance with provisions of section A-VI/1 of the STCW Code
and shall have completed:
(1)         
at least three months of approved seagoing service
on oil or chemical tankers and meet the standard of competence specified in
section A-V/1-1, paragraph 1 of the STCW Code; or
(2)         
an approved basic training for oil and chemical
tanker cargo operations and meet the standard of competence specified in
section A-V/1-1, paragraph 1 of the STCW Code.
3.                      
Masters, chief engineer officers, chief mates,
second engineer officers and any person with immediate responsibility for
loading, discharging, care in transit, handling of cargo, tank cleaning or
other cargo-related operations on oil tankers shall hold a certificate in
advanced training for oil tanker cargo operations.
4.                      
Every candidate for a certificate in advanced
training for oil tanker cargo operations shall:
(1)         
meet the requirements for certification in basic
training for oil and chemical tanker cargo operations; and
(2)         
while qualified for certification in basic
training for oil and chemical tanker cargo operations have:
(3)         
at least three months of approved seagoing service
on oil tankers, or
(a)         
at least one month of approved onboard training on
oil tankers in a supernumerary capacity which includes at least three loading
and three unloading operations and is documented in an approved training record
book taking into account guidance in section B-V/1 of the STCW Code and
(b)         
have completed approved advanced training for oil
tanker cargo operations and meet the standard of competence specified in
section A-V/1-1, paragraph 2 of the STCW Code.
5.                      
Masters, chief engineer officers, chief mates,
second engineer officers and any person with immediate responsibility for
loading, discharging, care in transit, handling of cargo, tank cleaning or
other cargo-related operations on chemical tankers shall hold a certificate in
advanced training for chemical tanker cargo operations.
6.                      
Every candidate for a certificate in advanced
training for chemical tanker cargo operations shall:
(1)         
meet the requirements for certification in basic
training for oil and chemical tanker cargo operations; and
(2)         
while qualified for certification in basic
training for oil and chemical tanker cargo operations have:
(a)         
at least three months of approved seagoing service
on chemical tankers, or
(b)         
at least one month of approved onboard training on
chemical tankers in a supernumerary capacity which includes at least three
loading and three unloading operations and is documented in an approved
training record book taking into account guidance in section B-V/1 of the STCW
Code; and
(3)         
have completed approved advanced training for
chemical tanker cargo operations and meet the standard of competence specified
in section A-V/1-1, paragraph 3 of the STCW Code.
7.                      
Member States shall ensure that a certificate of
proficiency is issued to seafarers, who are qualified in accordance with
paragraphs 2, 4 or 6 as appropriate, or that an existing certificate of
competency or certificate of proficiency is duly endorsed.
Regulation V/1-2
Mandatory minimum requirements for the training and qualifications of
masters, officers and ratings on liquefied gas tankers
1.                      
Officers and ratings assigned specific duties and
responsibilities related to cargo or cargo equipment on liquefied gas tankers
shall hold a certificate in basic training for liquefied gas tanker cargo
operations.
2.                      
Every candidate for a certificate in basic
training for liquefied gas tanker cargo operations shall have completed basic
training in accordance with provisions of section A-VI/1 of the STCW Code and
shall have completed:
(1)         
at least three months of approved seagoing service
on liquefied gas tankers and meet the standard of competence specified in
section A-V/1-2, paragraph 1 of the STCW Code; or
(2)         
an approved basic training for liquefied gas
tanker cargo operations and meet the standard of competence specified in
section A-V/1-2, paragraph 1 of the STCW Code.
3.                      
Masters, chief engineer officers, chief mates,
second engineer officers and any person with immediate responsibility for
loading, discharging, care in transit, handling of cargo, tank cleaning or
other cargo-related operations on liquefied gas tankers shall hold a
certificate in advanced training for liquefied gas tanker cargo operations.
4.                      
Every candidate for a certificate in advanced
training for liquefied gas tanker cargo operations shall:
(1)         
meet the requirements for certification in basic
training for liquefied gas tanker cargo operations; and
(2)         
while qualified for certification in basic
training for liquefied gas tanker cargo operations have:
(a)         
at least three months of approved seagoing service
on liquefied gas tankers, or
(b)         
at least one month of approved onboard training on
liquefied gas tankers in a supernumerary capacity which includes at least three
loading and three unloading operations and is documented in an approved
training record book taking into account guidance in section B-V/1 of the STCW
Code; and
(3)         
have completed approved advanced training for
liquefied gas tanker cargo operations and meet the standard of competence
specified in section A-V/1-2, paragraph 2 of the STCW Code.
5.                      
Member States shall ensure that a certificate of
proficiency is issued to seafarers, who are qualified in accordance with
paragraph 2 or 4 as appropriate, or that an existing certificate of competency
or certificate of proficiency is duly endorsed.
Regulation V/2
Mandatory minimum requirements for
the training and qualifications of masters, officers, ratings and other
personnel on passenger ships
1.                      
This Regulation applies to masters, officers,
ratings and other personnel serving on board passenger ships engaged on
international voyages. Member States shall determine the applicability of these
requirements to personnel serving on passenger ships engaged on domestic
voyages.
2.                      
Prior to being assigned shipboard duties on
board passenger ships, seafarers shall have completed the training required by
Paragraph 4 to 7
below in accordance with their capacities, duties and responsibilities.
3.                      
Seafarers who are required to be trained in
accordance with Paragraph 4,6 and 7 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.
4.                      
Masters, officers and other 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/2, paragraph 1, of the STCW Code.
5.                      
Personnel providing direct service to passengers
in passenger spaces on board passenger ships shall have completed the safety
training specified in Section A-V/2, paragraph 2, of the STCW
Code.
6.                      
Masters, chief engineer officers, chief mates,
second engineer officers and any person designated on muster lists of 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/2, paragraph 3 of the STCW Code.
7.                      
Masters, chief mates, chief engineer officers,
second engineer officers and every person assigned immediate responsibility for
embarking and disembarking passengers, loading, discharging or securing cargo,
or closing hull openings on board ro-ro passenger ships shall have completed
approved training in passenger safety, cargo safety and hull integrity as
specified in Section A-V/2, paragraph 4, of the STCW Code.
8.                      
Member States shall ensure that documentary
evidence of the training which has been completed is issued to every person
found qualified under the provisions of this regulation. 
CHAPTER VI
EMERGANCY, OCCUPATIONAL SAFETY, SECURITY, MEDICAL CARE
AND SURVIVAL FUNCTIONS
Regulation VI/1
Mandatory minimum requirements for safety
familiarisation, basic training and instruction for all seafarers
1.                      
Seafarers shall receive familiarisation and
basic training or instruction in accordance with Section A-VI/1 of the STCW
Code and shall meet the appropriate standard of competence specified therein.
2.                      
Where basic training is not included in the
qualification for the certificate to be issued, a certificate of proficiency
shall be issued indicating that the holder has attended the course in basic
training.
Regulation VI/2
Mandatory minimum requirements for
the issue of certificates of proficiency in survival craft, rescue boats and
fast rescue boats
1.                      
Every candidate for a certificate of proficiency
in survival craft and rescue boats other than fast rescue boats shall:
(1)         
be not less than 18 years of age;
(2)         
have approved seagoing service of not less than 12
months or have attended an approved training course and have approved seagoing
service of not less than six months; and
(3)         
meet the standard of competence for certificates
of proficiency in survival craft and rescue boats set out in Section A-VI/2,
paragraphs 1 to 4, of the STCW Code.
2.                      
Every candidate for a certificate of proficiency
in fast rescue boats shall:
(1)         
be the holder of a certificate of proficiency in
survival craft and rescue boats other than fast rescue boats;
(2)         
have attended an approved training course; and
(3)         
meet the standard of competence for certificates
of proficiency in fast rescue boats set out in Section A-VI/2, paragraphs 7 to
10, of the STCW Code.
Regulation VI/3
Mandatory minimum requirements for
training in advanced firefighting
1.                      
Seafarers designated to control firefighting
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 paragraphs 1 to 4 of
the STCW Code and shall meet the standard of competence specified therein.
2.                      
Where training in advanced firefighting is not
included in the qualifications for the certificate to be issued, a certificate
of proficiency, shall be issued indicating that the holder has
attended a course of training in advanced firefighting.
Regulation VI/4
Mandatory minimum requirements
relating to medical first aid and medical care
1.                      
Seafarers designated to provide medical first
aid on board ship shall meet the standard of competence in medical first aid
specified in Section A-VI/4, paragraphs 1, 2 and 3, of the STCW Code.
2.                      
Seafarers designated to take charge of medical
care on board ship shall meet the standard of competence in medical care on
board ships specified in Section A-VI/4, paragraphs 4, 5 and 6, of the STCW
Code.
3.                      
Where training in medical first aid or medical
care is not included in the qualifications for the certificate to be issued, a certificate
of proficiency shall be issued indicating that the holder has
attended a course of training in medical first aid or in medical care.
Regulation VI/5
Mandatory minimum requirements for the issue of certificates of
proficiency for ship security officers
1.                      
Every candidate for a certificate of proficiency
as ship security officer shall:
(1)         
have approved seagoing service of not less than 12
months or appropriate seagoing service and knowledge of ship operations; and
(2)         
meet the standard of competence for certification
of proficiency as ship security officer, set out in section A-VI/5, paragraphs
1 to 4, of the STCW Code.
2.                      
Member States shall ensure that every
person found qualified under the provisions of this regulation is issued with a
certificate of proficiency.
Regulation VI/6
Mandatory minimum requirements for security related training and
instruction for all seafarers
1.                      
Seafarers shall receive security-related
familiarization and security-awareness training or instruction in accordance
with section A-VI/6, paragraph 1 to 4 of the STCW Code and shall meet the
appropriate standard of competence specified therein.
2.                      
Where security awareness is not included in the
qualification for the certificate to be issued, a certificate of proficiency
shall be issued indicating that the holder has attended the course in security
awareness training.
3.                      
Every Member State shall compare the
security-related training or instruction it requires of seafarers who hold or
can document qualifications before the entry into force of this Directive, with
those specified in section A-VI/6, paragraph 4 of the STCW Code, and shall
determine the need for requiring these seafarers to update their
qualifications.
Seafarers with designated security duties 
4.                      
Seafarers with designated security duties shall
meet the standard of competence specified in section A-VI/6, paragraphs 6 to 8
of the STCW Code.
5.                      
Where training in designated security duties is
not included in the qualifications for the certificate to be issued, a
certificate of proficiency shall be issued indicating that the holder has
attended a course of training for designated security duties.
6.                      
Every Member State shall compare the security
training standards required of seafarers with designated security duties who
hold or can document qualifications before the entry into force of this directive
with those specified in section A-VI/6, paragraph 8 of the STCW Code, and shall
determine the need for requiring these seafarers to update their
qualifications.
CHAPTER VII
ALTERNATIVE CERTIFICATION
Regulation VII/1
Issue of alternative certificates
1.                      
Notwithstanding the requirements for
certification laid down in Chapters II and III of this Annex, Member States may
elect to issue or authorise the issue of certificates other than those
mentioned in the regulations of those chapters, provided that:
(1)         
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-II/5, A-III/1, A-III/2, A-III/3, A-III/4, A-III/5, and A-IV/2
of the STCW Code;
(2)         
the candidates have completed approved education
and training and meet the requirements for standards of competence, prescribed
in the relevant sections of the STCW Code and as set forth in Section A-VII/1
of this Code, for the functions and levels that are to be stated on the
certificates and in the endorsements;
(3)         
the candidates have completed approved seagoing
service appropriate to the performance of the functions and levels that are to
be stated on the certificate. The minimum duration of seagoing service shall be
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;
(4)         
the candidates for certification who are to
perform the function of navigation at the operational level shall meet the
applicable requirements of the regulations in Chapter IV, as appropriate, for
performing designated radio duties in accordance with the Radio Regulations;
(5)         
the certificates are issued in accordance with the
requirements of Article 2 and the provisions set forth in Chapter VII of the
STCW Code.
2.                      
No certificate shall be issued under this
chapter unless the Member State has communicated the information required by
the STCW Convention to the Commission.
Regulation VII/2
Certification of seafarers
Every
seafarer who performs any function or group of functions specified in tables
A-II/1, A-II/2, A-II/3, A-II/4 or A-II/5 of chapter II or in tables A-III/1,
A-III/2, A-III/3, or A-III/4 or A-III/5 of chapter III or A-IV/2 of chapter IV
of the STCW Code shall hold a certificate of competency or certificate of
proficiency, as applicable.
Regulation VII/3
Principles governing the issue of
alternative certificates
1.                      
A Member State which elects to issue or
authorise the issue of alternative certificates shall ensure that the following
principles are observed:
(1)         
no alternative certification system shall be
implemented unless it ensures a degree of safety at sea and has a preventive
effect as regards pollution at least equivalent to that provided by the other
chapters;
(2)         
any arrangement for alternative certification
issued under this chapter shall provide for the interchangeability of
certificates with those issued under the other chapters.
2.                      
The principle of interchangeability in point 1
shall ensure that:
(1)         
seafarers certificated under the arrangements of
Chapters II and/or III and those certificated under Chapter VII are able to
serve on ships which have either traditional or other forms of shipboard
organisation;
(2)         
seafarers are not trained for specific shipboard
arrangements in such a way as would impair their ability to take their skills
elsewhere.
3.                      
In issuing any certificate under the provisions
of this chapter the following principles shall be taken into account:
(1)         
the issue of alternative certificates shall not be
used in itself:
(a)         
to reduce the number of crew on board;
(b)         
to lower the integrity of the profession or
"deskill" seafarers; or
(c)         
to justify the assignment of the combined duties
of the engine and deck watchkeeping officers to a single certificate holder
during any particular watch;
(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.'
Annex II
Point 3 of Annex II is replaced by the
following:
'3. The Commission, assisted by the
European Maritime Safety Agency and with the possible involvement of any Member
State concerned, has confirmed, through an evaluation of that Party, which may
include inspection of facilities and procedures, that the requirements of the
Convention regarding standards of competence, training and certification and
quality standards are fully complied with.'.
Annex III
'ANNEX V
TYPE OF INFORMATION TO BE
COMMUNICATED TO THE COMMISSION FOR STATISTICAL PURPOSES
1.                      
Where reference is made to this Annex, the
following information specified in Section A-I/2, paragraph 9 of the STCW Code
for all certificates of competency or endorsements attesting their issue, all
endorsements attesting the recognition of certificates of competency issued by
other countries, and all certificates of proficiency issued to ratings, shall
be provided: 
Certificates of
competency (CoC) / Endorsements attesting their issue (EaI):
–              
seafarer’s unique identifier;
–              
seafarer’s name;
–              
seafarer’s date of birth;
–              
seafarer’s nationality;
–              
seafarer’s gender;
–              
CoC endorsed number;
–              
EaI number;
–              
capacity(ies);
–              
date of issue or the most recent date of
revalidation of the document;
–              
date of expiry;
–              
status of the certificate (valid, suspended,
cancelled, reported lost, destroyed);
–              
limitations.
Endorsements attesting the recognition of certificates
of competency issued by other countries (EaR): 
–              
seafarer’s unique identifier;
–              
seafarer’s name;
–              
seafarer’s date of birth;
–              
seafarer’s nationality;
–              
seafarer’s gender;
–              
country issuing the original CoC;
–              
original CoC number;
–              
EaR number;
–              
capacity(ies);
–              
date of issue or the most recent date of
revalidation of the document;
–              
date of expiry;
–              
status;
–              
limitations.
Certificates of
proficiency for ratings (CoP) (if available): 
–              
seafarer’s unique identifier;
–              
seafarer’s name;
–              
seafarer’s date of birth;
–              
seafarer’s nationality;
–              
seafarer’s gender;
–              
CoP number;
–              
capacity(ies);
–              
date of issue or date of the most recent
revalidation of the document;
–              
date of expiry;
–              
status. 
2.                      
The items of information subject to data
protection legislation can be provided in an anonymised format. 
[1]               Council Directive 94/58/EC of 22
November 1994 on the minimum level of training of seafarers, OJ L 319,
12.12.1994, p. 28 
[2]               Directive 94/58/EC was amended by
Directive 98/35/EC and replaced by Directive 2001/25; Directive 2001/25 was
amended by Directives 2002/84, 2003/103 and 2005/45; finally, it was replaced
(and therefore repealed) by Directive 2008/106, OJ L 323, 03.12.2008, p.33.
[3]               The Task Force was composed of representatives of the
main stakeholders involved, in particular seafarers and shipowners
[4]               Published on 20 July 2011
[5]               See Section 4.1.5. 
[6]               OJ C […], […], p. […].
[7]               OJ C […], […], p. […].
[8]               OJ L 319, 12.12.1994, p. 28.
[9]               OJ L 323 , 3.12.2008, p. 33.
[10]               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) -
Annex: European Agreement on the organisation of working time of seafarers OJ L
167, 2.7.1999, p. 33. 
[11]               OJ L 124, 20.5.2009, p.30
[12]               OJ L 208, 05.08.2002, p. 1.
[13]               OJ L 324, 29.11.2002, p. 1.
[14]               OJ L 55, 28.2.2011, p. 13.