CELEX: 52001FC0025
Language: en
Date: 2006-12-11
Title: Proposal for a Directive …/…/EC of the European Parliament and of the Council of […] on the minimum level of training of seafarers (Codified version)

EN

|[pic]                     |COMMISSION OF THE EUROPEAN COMMUNITIES                                                                           |

                                        Brussels,
                                        COM

                                                                  Proposal for a

                                          DIRECTIVE …/…/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

                                                                      of […]

                                                  on the minimum level of training of seafarers

                                                                (Codified version)
                                                              EXPLANATORY MEMORANDUM

1.    In the context of a people’s Europe, the Commission attaches great importance to simplifying and clarifying Community law so as to make  it
       clearer and more accessible to the ordinary citizen, thus giving him new opportunities and the chance to make use of the  specific  rights
       it gives him.

       This aim cannot be achieved so long as numerous provisions that have  been  amended  several  times,  often  quite  substantially,  remain
       scattered, so that they must be sought partly in the original instrument and partly in later amending ones.  Considerable  research  work,
       comparing many different instruments, is thus needed to identify the current rules.

       For this reason a codification of rules that have frequently been amended  is  also  essential  if  Community  law  is  to  be  clear  and
       transparent.

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

3.    The Conclusions of the Presidency of the Edinburgh  European  Council  (December 1992)  confirmed  this[2],  stressing  the  importance  of
       codification as it offers certainty as to the law applicable to a given matter at a given time.

       Codification must be undertaken in full compliance with the normal Community legislative procedure.

       Given that no changes of substance may be made to the instruments affected by codification, the European Parliament, the Council  and  the
       Commission have agreed, by an interinstitutional agreement dated 20 December 1994, that an accelerated procedure may be used for the fast-
       track adoption of codification instruments.

4.    The purpose of this proposal is to undertake a codification of Directive 2001/25/EC of the European Parliament and  of  the  Council  of  4
       April 2001 on the minimum level of training of seafarers[3]. The new Directive will supersede the various acts incorporated in it[4]; this
       proposal fully preserves the content of the acts being codified and hence does no more than bring them  together  with  only  such  formal
       amendments as are required by the codification exercise itself.

5.    The codification proposal was drawn up on the basis of a preliminary consolidation, in all official languages, of Directive 2001/25/EC  and
       the instruments amending it, carried out by the Office for Official Publications  of  the  European  Communities,  by  means  of  a  data-
       processing system. Where the Articles have been given new numbers, the correlation between the old and the new numbers is shown in a table
       contained in Annex IV to the codified Directive.

                                            ê 2001/25/EC

                                                                  Proposal for a

                                          DIRECTIVE …/…/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

                                                                      of […]

                                                  on the minimum level of training of seafarers

                                                            (Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

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

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Economic and Social Committee[5],

Having regard to the opinion of the Committee of the Regions[6],

Acting in accordance with the procedure referred to in Article 251 of the Treaty[7],

Whereas:

                                            ê 2001/25/EC Recital 1 (adapted)

   1) Directive Ö 2001/25/EC of the European Parliament and of the Council Õ of Ö 4 April 2001 Õ on the minimum level of  training  of  seafarers
      Ö [8] Õ has been substantially amended Ö several times Õ[9]. In the interests of clarity and rationality Ö the said Directive Õ  should  be
      codified.

                                            ê 2001/25/EC Recital 2

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

                                            ê 2003/103/EC Recital 2 (adapted)

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

                                            ê 2001/25/EC Recital 6 (adapted)

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

                                            ê 2001/25/EC Recital 7 (adapted)

   5) Directive Ö 2005/36/EC of the European  Parliament  and  of  the  Council  of  7  September  2005 Õ  on  the  recognition  of  professional
      Ö qualifications[10] Õ Ö applies Õ to maritime occupations covered by  this  Directive.  Ö It Õ  will  help  promote  compliance  with  the
      obligations laid down in the Treaty abolishing obstacles to the free movement of persons and services between Member States.

                                            ê 2001/25/EC Recital 8 (adapted)

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

                                            ê 2001/25/EC Recital 9 (adapted)

   7) It is therefore essential to define a minimum level of training for seafarers in the Community. Ö Those requirements Õ should be  based  on
      the standards of training already agreed at international level,  namely  the  International  Maritime  Organisation  (IMO)  Convention  on
      Standards of Training, Certification and Watch-keeping for Seafarers, 1978 (STCW Convention), as revised in 1995;  all  Member  States  are
      Parties to that Convention.

                                            ê 2001/25/EC Recital 10

   8) Member States may establish standards higher than the minimum standards laid down in the STCW Convention and this Directive.

                                            ê 2001/25/EC Recital 11

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

                                            ê 2001/25/EC Recital 12

  10) For the enhancement of maritime safety and pollution prevention at sea provisions on minimum rest periods for watchkeeping personnel should
      be established in this Directive in accordance with the STCW Convention. Those provisions  should  be  applied  without  prejudice  to  the
      provisions of Council Directive 1999/63/EC of 21 June 1999 concerning the Agreement on  the  organisation  of  working  time  of  seafarers
      concluded by the European Community Shipowners' Association (ECSA) and the Federation of Transport Workers's Unions in the  European  Union
      (FST)[11].

                                            ê 2001/25/EC Recital 13

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

                                            ê 2001/25/EC Recital 14

  12) Personnel on board passenger ships nominated to assist  passengers  in  emergency  situations  should  be  able  to  communicate  with  the
      passengers.

                                            ê 2001/25/EC Recital 15 (adapted)

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

                                            ê 2003/103/EC Recital 3 (adapted)

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

                                            ê 2001/25/EC Recital 18

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

                                            ê 2001/25/EC Recital 19

  16) Where appropriate, maritime institutes, training programmes and courses should be inspected. Criteria for such inspection should  therefore
      be established.

                                            ê 2001/25/EC Recital 20 (adapted)

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

                                            ê 2001/25/EC Recital 21

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

                                            ê 2001/25/EC Recital 22 (adapted)

  19) It is appropriate to include in this Directive provisions on port State control, pending the amendment of [Council Directive 95/21/EC of 19
      June 1995 Ö on Õ port State control Ö of shipping[12] Õ ] in order to transfer to that Directive the provisions on port State control which
      are included in this Directive.

                                            ê 2001/25/EC Recital 23

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

                                            ê 2001/25/EC Recital 24

  21) The measures necessary for the implementation of this Directive should be adopted in accordance with Council  Decision  1999/468/EC  of  28
      June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission[13].

                                            ê 2001/25/EC Recital 25

  22) The Council should review Annex II in the light of the experience gained in applying this Directive, acting on a proposal to  be  submitted
      by the Commission within five years of 25 May 2003.

                                            ê 2001/25/EC Recital 27 (adapted)

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

                                            ê 2001/25/EC

HAVE ADOPTED THIS DIRECTIVE:

                                                                    Article 1

                                                                   Definitions

For the purposes of this Directive:

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

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

3.    ‘deck officer” shall mean an officer qualified in accordance with the provisions of Chapter II of Annex I;

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

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

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

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

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

9.    ‘radio operator” shall mean a person holding an appropriate certificate issued  or  recognised  by  the  competent  authorities  under  the
       provisions of the Radio Regulations, as defined in point 18;

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

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

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

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

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

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

                                            ê 2002/84/EC Art. 11.1

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

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

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

                                            ê 2001/25/EC

19.   ‘passenger ship’ shall mean a seagoing ship which carries more than 12 passengers;

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

                                            ê 2002/84/EC Art. 11.1

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

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

23.   ‘ro-ro passenger ship’ shall mean a passenger ship with ro-ro cargo spaces or special-category spaces as defined in the  Solas  Convention,
       in its up-to-date version;

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

                                            ê 2001/25/EC

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

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

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

28.   ‘seagoing service’ shall mean service on board a ship relevant to the issue of a certificate or other qualification;

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

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

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

                                                                    Article 2

                                                                      Scope

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

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

(b)   fishing vessels;

(c)   pleasure yachts not engaged in trade;

(d)   wooden ships of primitive build.

                                                                    Article 3

                                                            Training and certification

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

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

                                            ê 2005/45/EC Art. 4.1

                                                                    Article 4

                                                                   Certificate

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

                                            ê 2001/25/EC

                                                                    Article 5

                                                          Certificates and endorsements

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

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

                                            ê 2003/103/EC Art. 1.1(a)

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

                                            ê 2001/25/EC
                                            è1 2003/103/EC Art. 1.1(b)

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

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

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

5. At the discretion of a Member State endorsements may be incorporated in the format of  the  certificates  being  issued  as  provided  for  in
section A-I/2 of the STCW code. If so incorporated the form used shall be that set out in section A-I/2, paragraph 1. If  issued  otherwise,  the
form of endorsements used shall be that set out in paragraph 2 of that section.è1 Endorsements shall be issued in  accordance  with  Article  VI,
paragraph 2, of the STCW Convention. ç

6. A Member State which recognises a certificate under the procedure laid down in Article 19(3)(a) shall endorse that certificate to  attest  its
recognition. The form of the endorsement used shall be that set out in paragraph 32 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 each be assigned a unique number, except that endorsements attesting the issue of a certificate may be assigned the  same  number
       as the certificate concerned, provided that that number is unique; and

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

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

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

10. Subject to Article 19(4) any certificate required by this Directive must be kept available in its original form on board the  ship  on  which
the holder is serving.

                                                                    Article 6

                                                              Training requirements

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

                                                                    Article 7

                                                    Principles governing near-coastal voyages

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

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

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

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

                                            ê 2005/45/EC Art. 4.2

                                                                    Article 8

                                                 Prevention of fraud and other unlawful practices

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

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

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

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

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

                                            ê 2001/25/EC

                                                                    Article 9

                                                        Penalties or disciplinary measures

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

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

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

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

      (b) a master has allowed any function or service in any capacity which under this Directive must  be  performed  by  a  person  holding  an
       appropriate certificate to be performed by a person not holding the required certificate, a valid dispensation or having  the  documentary
       proof required by Article 19(4); or

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

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

                                                                    Article 10

                                                                Quality standards

1. Each Member State shall ensure that:

      (a) all training, assessment of competence,  certification,  endorsement  and  revalidation  activities  carried  out  by  non-governmental
       agencies or entities under its authority are continuously monitored through a quality  standards  system  to  ensure  the  achievement  of
       defined objectives, including those concerning the qualifications and experience of instructors and assessors;

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

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

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

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

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

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

      (c) timely action is taken to correct deficiencies.

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

                                                                    Article 11

                                            Medical standards — Issue and registration of certificates

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

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

3. 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 in Annex I relevant to the certificate applied for;

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

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

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

4. Each Member State shall undertake:

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

      (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.

                                                                    Article 12

                                                           Revalidation of certificates

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

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

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

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

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

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

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

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

                                                                    Article 13

                                                                Use of simulators

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

      (a) all mandatory simulator-based training;

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

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

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

                                                                    Article 14

                                                          Responsibilities of companies

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

      (a) each seafarer assigned to any of its ships holds an appropriate certificate in accordance which the provisions of  this  Directive  and
       as established by the Member State;

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

      (c) documentation and data relevant to all seafarers employed on its ships are maintained and  readily  accessible,  and  include,  without
       being limited to, documentation and data on their experience, training, medical fitness and competence in assigned duties;

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

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

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

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

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

            (i) the specific equipment the seafarer will be using or operating; and

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

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

                                                                    Article 15

                                                                 Fitness for duty

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

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

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

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

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

6. Member States shall require that watch schedules be posted where they are easily accessible.

                                                                    Article 16

                                                                   Dispensation

                                            ê 2001/25/EC (adapted)

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

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

                                            ê 2001/25/EC

                                                                    Article 17

                                     Responsibilities of Member States with regard to training and assessment

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

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

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

                                            ê 2001/25/EC (adapted)

(c)   issue the certificates of competence referred to in Article 11;

                                            ê 2001/25/EC

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

2. Member States shall ensure that:

      (a) all training and assessment of seafarers is:

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

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

      (b) persons conducting in-service training or assessment on board ship do so only when such  training  or  assessment  will  not  adversely
       affect the normal operation of the ship and they can dedicate their time and attention to training or assessment;

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

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

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

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

            3. if conducting training using a simulator:

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

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

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

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

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

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

            3. has received appropriate guidance in assessment methods and practice;

            4. has gained practical assessment experience; and

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

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

                                                                    Article 18

                                                              On-board communication

Member States shall ensure that:

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

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

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

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

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

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

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

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

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

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

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

                                            ê 2003/103/EC Art. 1.2

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

                                            ê 2001/25/EC

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

                                                                    Article 19

                                                           Recognition of certificates

                                            ê 2003/103/EC Art. 1.3

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

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

      The Commission, assisted by the European Maritime Safety Agency (the Agency), and  with  the  possible  involvement  of  any  Member  State
       concerned, shall collect the information referred to in Annex II and shall carry out an  assessment  of  the  training  and  certification
       systems in the third country for which the request for recognition was submitted, in order to verify whether the country  concerned  meets
       all the requirements of the STCW Convention and whether the appropriate measures have been taken to prevent fraud involving certificates.

      (b) The decision on the recognition of a third country shall be taken by the Commission in accordance with the  procedure  referred  to  in
       Article 28(2), within three months from the date of the request for recognition. If granted, the recognition shall be valid subject to the
       provisions of Article 20.

      (c) If no decision is taken on recognition of the third country concerned within the period laid  down  in  point  (b),  the  Member  State
       submitting the request may decide to recognise the third country unilaterally until a decision is taken in accordance with  the  procedure
       referred to in Article 28(2).

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

                                            ê 2003/103/EC Art. 1.3 (adapted)

      (e) Recognitions of certificates issued by recognised third countries and published in the  Official  Journal  of  the  European  Union,  C
       series, before Ö 14 June 2005 Õ shall remain valid. These recognitions may be  used  by  all  Member  States  unless  the  Commission  has
       subsequently withdrawn them pursuant to Article 20.

                                            ê 2003/103/EC Art. 1.3

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

                                            ê 2001/25/EC

2. Notwithstanding Article 5(6), a Member State may, if circumstances require, allow a seafarer to serve in a capacity other than  radio  officer
or radio operator, except as provided by the Radio Regulations, for a period not exceeding three months on board a ship flying  its  flag,  while
holding an appropriate and valid certificate issued and endorsed as required by a third country, but not yet  endorsed  for  recognition  by  the
Member State concerned so as to render it appropriate for service on board a ship flying its  flag.  Documentary  proof  shall  be  kept  readily
available that application for an endorsement has been submitted to the competent authorities.

                                            ê 2003/103/EC Art. 1.4

                                                                    Article 20

1. Notwithstanding the criteria specified in Annex II, when a Member State considers that a recognised third country no longer complies with  the
requirements of the STCW Convention, it shall notify the Commission immediately, giving  substantiated  reasons.  The  Commission  shall  without
delay refer the matter to the Committee referred to in Article 28(1).

2. Notwithstanding the criteria specified in Annex II, when the Commission considers that a recognised third country no longer complies with  the
requirements of the STCW Convention, it shall notify the Member States immediately, giving substantiated reasons. The  Commission  shall  without
delay refer the matter to the Committee referred to in Article 28(1).

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

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

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

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

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

                                                                    Article 21

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

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

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

                                            ê 2001/25/EC

                                                                    Article 22

                                                                Port State control

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

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

                                                                    Article 23

                                                          Port State control procedures

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

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

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

2. The ability of the ship's seafarers to maintain watchkeeping standards as required by the STCW Convention  shall  be  assessed  in  accordance
with Part A of the STCW Code if there are clear grounds for believing that such standards are not being maintained because any of  the  following
has occurred:

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

                                            ê 2001/25/EC (adapted)

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

                                            ê 2001/25/EC

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

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

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

(f)   the ship is flying the flag of a country which has not ratified the STCW  Convention,  or  has  a  master,  officer  or  rating  holding  a
       certificate issued by a third country which has not ratified the STCW Convention.

3. Notwithstanding verification of the certificate, assessment under paragraph 2 may require the seafarer to demonstrate the relevant  competence
at the place of duty. Such a demonstration may include verification that operational requirements in respect of watchkeeping standards have  been
met and that there is a proper response to emergency situations within the seafarer's level of competence.

                                                                    Article 24

                                                                    Detention

Without prejudice to Directive [95/21/EC], the following deficiencies, in so far as it has been determined by the officer carrying out  the  port
State control that they pose a danger to persons, property or the environment, shall be the only grounds under this Directive on which  a  Member
State may detain a ship:

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

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

      (c) failure of navigational or engineering-watch arrangements to conform to the requirements specified for the ship by the flag State;

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

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

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

                                            ê 2005/45/EC Art. 4.4

                                                                    Article 25

                                                         Regular monitoring of compliance

Without prejudice to the powers of the Commission under Article 226 of the Treaty, the Commission,  assisted  by  the  European  Maritime  Safety
Agency, established by Regulation (EC) No 1406/2002[14], shall verify on a regular basis and at least every five years that Member States  comply
with the minimum requirements laid down by this Directive.

                                                                    Article 26

                                            ê 2005/45/EC Art. 4.4 (adapted)

                                                                   Ö Reports Õ

1. No later than 20 October 2010 the Commission shall submit to the European Parliament and the Council an evaluation  report  drawn  up  on  the
basis of the information obtained pursuant to Article 25. In the report the Commission shall analyse the  Member  States'  compliance  with  this
Directive and, where necessary, make proposals for additional measures.

                                            ê 2003/103/EC Art. 2 third paragraph (adapted)

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

                                            ê 2001/25/EC
                                            è1 2003/103/EC Art. 1.5

                                                                    Article 27

                                                                    Amendment

1. This Directive may be amended in accordance with the procedure referred to in Article 28(2), in order to  apply,  for  the  purposes  of  this
Directive, subsequent amendments to the international codes referred to in Article 1(16), (17), (18), (23)  and  (24)  which  have  entered  into
force.è1 This Directive may also be amended in accordance with the same procedure in order to apply, for the  purposes  of  this  Directive,  any
relevant amendments to Community legislation. ç

                                            ê 2001/25/EC (adapted)

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

                                            ê 2001/25/EC

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

                                            ê 2002/84/EC Art. 11.2 (adapted)

4. The amendments to the international instruments referred to in Article 1 may be excluded  from  the  scope  of  this  Directive,  pursuant  to
Article 5 of Regulation (EC) No 2099/2002 of the European Parliament and of the Council of 5 November 2002 [15].

                                            ê 2001/25/EC

                                                                    Article 28

                                                               Committee procedure

                                            ê 2002/84/EC Art. 11.3

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

                                            ê 2001/25/EC

2. Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall apply, in compliance with Article 8 thereof.

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

3. The committee shall adopt its rules of procedure.

                                                                    Article 29

                                                             Transitional provisions

Where pursuant to Article 12 a Member State reissues or extends the validity of certificates which it  originally  issued  under  the  provisions
which applied before 1 February 1997, the  Member  State  may,  at  its  discretion,  replace  tonnage  limitations  appearing  on  the  original
certificates as follows:

      1.«200 gross registered tonnes» may be replaced by «500 gross tonnage»;

      2.«1600 gross registered tonnes» may be replaced by «3000 gross tonnage».

                                                                    Article 30

                                                                    Penalties

Member States shall lay down systems of penalties for breaching the national provisions adopted pursuant to Articles 1, 3, 5, 7, 9, 10,  11,  12,
13, 14, 15, 17, 18, Article 19(3) and (4), Articles 22, 23, 24 and 29, and Annexes I and II, and shall take all the measures necessary to  ensure
that they are implemented. The penalties provided for must be effective, proportionate and dissuasive.

                                                                    Article 31

                                                                  Communication

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

                                                                    Article 32

                                                                      Repeal

                                            ê 2001/25/EC (adapted)

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

                                            ê 2001/25/EC

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

                                                                    Article 33

                                                                 Entry into force

                                            ê 2001/25/EC (adapted)

This Directive shall enter into force on Ö 21 October 2007 Õ .

                                            ê 2001/25/EC

                                                                    Article 34

                                                                    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.

                                            ê 2005/45/EC Art. 4.5

2. 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.

                                            ê 2001/25/EC

3. Part A of the STCW Code contains standards of competence required to be  demonstrated  by  candidates  for  the  issue,  and  revalidation  of
certificates of competency under the provisions of the STCW Convention. To clarify the linkage between the alternative  certification  provisions
of Chapter VII and the certification provisions of Chapters II, III and IV, the abilities specified in the standards of  competence  are  grouped
as appropriate under the following seven functions:

      1. Navigation;

      2. Cargo handling and stowage;

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

      4. Marine engineering;

      5. Electrical, electronic and control engineering;

      6. Maintenance and repair;

      7. Radiocommunications,

at the following levels of responsibility:

      1. Management level;

      2. Operational level;

      3. Support level.

Functions and levels of responsibility are identified by subtitle in the tables of standards of competence given specified in  Chapters  II,  III
and IV of the Part A of the STCW Code.

                                                                    CHAPTER II

                                                            MASTER AND DECK DEPARTMENT

                                                                 Regulation II/1

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

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

2. Every candidate for certification shall:

      2.1. be not less than 18 years of age

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

      2.3. have performed, during the required seagoing service, bridge watchkeeping duties under the supervision of the master  or  a  qualified
       officer for a period of not less than six months

      2.4. meet the applicable requirements of the regulations in Chapter IV, as appropriate, for performing 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.

                                                                 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 an appropriate certificate.

2. Every candidate for certification shall:

      2.1. meet the requirements for certification as an officer in charge of a navigational watch on ships of 500  gross  tonnage  or  more  and
       have approved seagoing service in that capacity:

            2.1.1. for certification as chief mate, not less than 12 months, and

            2.1.2. for certification as master, not less than 36 months; however, this period may be reduced to not less than 24  months  if  not
           less than 12 months of such seagoing service has been served as chief mate;

      2.2. have completed approved education and training and meet the standard of competence specified in section A-II/2 of the  STCW  Code  for
       masters and chief mates on ships of 3000 gross tonnage or more.

Master and chief mate on ships of between 500 and 3000 gross tonnage

3. Every master and chief mate on a seagoing ship of between 500 and 3000 gross tonnage shall hold an appropriate certificate.

4. Every candidate for certification shall:

      4.1. for certification as chief mate, meet the requirements of an officer in charge of a navigational watch on ships of 500  gross  tonnage
       or more

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

      4.3. have completed approved training and meet the standard of competence specified in section A-II/2 of the  STCW  Code  for  masters  and
       chief mates on ships of between 500 and 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 an appropriate certificate 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  an  appropriate
certificate 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

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

4. Every candidate for certification as officer in charge of a navigational watch on a seagoing ship of less than 500 gross  tonnage  engaged  on
near-coastal voyages shall:

      4.1. be not less than 18 years of age;

      4.2. have completed:

            4.2.1. special training, including an adequate period of appropriate seagoing service as required by the Administration; or

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

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

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

Master

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

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

      6.1. be not less than 20 years of age;

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

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

7. Exemptions

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

                                                                 Regulation II/4

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

1. Every rating forming part of a navigational watch on a seagoing ship of 500 gross tonnage or more,  other  than  ratings  under  training  and
ratings whose duties while on watch are of an unskilled nature, shall be duly certificated to perform such duties.

2. Every candidate for certification shall:

      2.1. be not less than 16 years of age;

      2.2. have completed:

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

            2.2.2. special training, either pre-sea or on board ship, including an approved period of seagoing service which shall  not  be  less
           than two months;

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

3. 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.

4. Seafarers may be considered by a Member State to have met the requirements of this regulation if they have served in a  relevant  capacity  in
the deck department for a period of not less than one year within the last five preceding the entry into force of the STCW  Convention  for  that
Member State.

                                                                   CHAPTER III

                                                                ENGINE DEPARTMENT

                                                                 Regulation III/1

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

1. Every officer in charge of an engineering watch in a manned engine-room or designated duty engineer officer in a periodically unmanned engine-
room on a seagoing ship powered by main propulsion machinery of 750 kW propulsion power or more shall hold an appropriate certificate.

2. Every candidate for certification shall:

      2.1. be not less than 18 years of age;

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

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

                                                                 Regulation III/2

   Mandatory minimum requirements for certification of chief engineer officers and second engineer officers on ships powered by main propulsion
                                                  machinery of 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 an appropriate certificate.

2. Every candidate for certification shall:

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

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

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

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

                                                                 Regulation III/3

   Mandatory minimum requirements for certification of chief engineer officers and second engineer officers on ships powered by main propulsion
                                             machinery of between 750 kW and 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 an appropriate certificate.

2. Every candidate for certification shall:

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

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

                                                                 Regulation III/4

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

1. Every rating forming part of an engine-room watch or designated to perform duties in a periodically unmanned engine-room on  a  seagoing  ship
powered by main propulsion machinery of 750 kW 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.

4. Seafarers may be considered by a Member State to have met the requirements of this regulation if they have served in a  relevant  capacity  in
the engine department for a period of not less than one year within the last five years preceding the entry into force  of  the  STCW  Convention
for that Member State.

                                                                    CHAPTER IV

                                                      RADIOCOMMUNICATION AND RADIO PERSONNEL

Explanatory note

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

                                                                 Regulation IV/1

                                                                   Application

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

                                            ê 2001/25/EC (adapted)

                                            ê 2001/25/EC

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

                                                                 Regulation IV/2

                                    Mandatory minimum requirements for certification of GMDSS radio personnel

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 under this regulation for service on a ship which is  required  by  the  SOLAS  Convention,  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

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

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

      1.1. at least three months of approved seagoing service on tankers in order to acquire adequate knowledge of  safe  operational  practices;
       or

      1.2. an approved tanker-familiarisation course covering at least the syllabus given for that course in section A-V/1 of the STCW Code.

      However the Administration may accept a period of supervised seagoing service shorter than that prescribed by point 1.1, provided:

      1.3. the period so accepted is not less than one month;

      1.4. the tanker is of less than 3000 gross tonnage;

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

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

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

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

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

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

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

                                                                  Regulation V/2

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

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

                                            ê 2001/25/EC (adapted)
                                            è1 2005/23/EC Art. 1.1

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

3. Seafarers who are required to be trained in accordance with points 4,  7  and  8  shall  at  intervals  not  exceeding  five  years  undertake
appropriate refresher trainingè1 or be required to provide evidence of having achieved the required standard of competence  within  the  previous
five years ç.

                                            ê 2001/25/EC

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

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

6. Personnel providing direct service to passengers in passenger spaces on board ro-ro passenger ships shall have completed the  safety  training
specified in section A-V/2, paragraph 3, of the STCW Code.

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

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

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

                                            ê 2005/23/EC Art. 1.2

                                                                  Regulation V/3

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

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

                                            ê 2005/23/EC Art. 1.2 (adapted)

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

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

                                            ê 2005/23/EC Art. 1.2

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

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

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

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

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

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

                                            ê 2001/25/EC

                                                                    CHAPTER VI

                                       EMERGENCY, OCCUPATIONAL SAFETY, MEDICAL CARE AND SURVIVAL FUNCTIONS

                                                                 Regulation V1/1

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

Seafarers shall receive familiarisation and basic safety training or instruction in accordance with section A-V1/1 of the  STCW  Code  and  shall
meet the appropriate standard of competence specified therein.

                                                                 Regulation V1/2

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

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

      1.1. be not less than 18 years of age;

      1.2. have approved seagoing service of not less than 12 months or have attended an approved training  course  and  have  approved  seagoing
       servie of not less than six months;

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

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

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

      2.2. have attended an approved training course;

      2.3. meet the standard of competence for certificates of proficiency in fast rescue boats set out in section A-VI/2, paragraphs 5 to 8,  of
       the STCW Code.

                                                                 Regulation VI/3

                                      Mandatory minimum requirements for training in advanced fire-fighting

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

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

                                                                 Regulation VI/4

                                  Mandatory minimum requirements relating to medical first aid and medical care

1. 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-V1/4, 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  special
certificate or documentary evidence, as appropriate, shall be issued indicating that the holder has attended a  course  of  training  in  medical
first aid or in medical care.

                                                                   CHAPTER VII

                                                            ALTERNATIVE CERTIFICATION

                                                                 Regulation VII/1

                                                        Issue of alternative certificates

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

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

      1.2. 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;

      1.3. 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;

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

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

2. No certificate shall be issued under this chapter unless the Member State has communicated the information required by the STCW Convention  to
the Commission.

                                                                 Regulation VII/2

                                                            Certification of seafarers

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

                                                                 Regulation VII/3

                                            Principles governing the issue of alternative certificates

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

      1.1. 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;

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

2. The principle of interchangeability in point 1 shall ensure that:

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

      2.2. 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:

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

            3.1.1. to reduce the number of crew on board;

            3.1.2. to lower the integrity of the profession or «de-skill» seafarers, or

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

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

                                            ê 2001/25/EC (adapted)

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

                                            ê 2003/103/EC Art. 1.6 and Annex

                                                                     ANNEX II

     CRITERIA FOR THE RECOGNITION OF THIRD COUNTRIES THAT HAVE ISSUED A CERTIFICATE OR UNDER THE AUTHORITY OF WHICH WAS ISSUED A CERTIFICATE,
                                                         REFERRED TO IN ARTICLE 19(3)(a)

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

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

3. The Commission, assisted by the Agency and with the possible involvement of any Member State  concerned,  must  have  confirmed,  through  all
necessary measures, which may include the inspection of facilities and procedures, that the requirements concerning the standard  of  competence,
the issue and endorsement of certificates and record keeping are fully complied with, and that a quality standards system  has  been  established
pursuant to Regulation I/8 of the STCW Convention.

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

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

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

                                            ê 2001/25/EC (adapted)

                                                                    ANNEX III

                                                                      Part A

                                              Repealed Directive Ö with its successive amendments Õ

                                                         (referred to Ö in Õ Article 32)

Ö 

|Directive 2001/25/EC of the European Parliament and of the Council  |                                                                       |
|(OJ L 136, 18.5.2001, p. 17)                                        |                                                                       |
|Directive 2002/84/EC of the European                                         |only Article 11                                       |
|Parliament and of the Council                                                |                                                      |
|(OJ L 324, 29.11.2002, p. 53)                                                |                                                      |
|Directive 2003/103/EC of the European                                        |                                                      |
|Parliament and of the Council                                                |                                                      |
|(OJ L 326, 13.12.2003, p. 28)                                                |                                                      |
|Commission Directive 2005/23/EC                                              |                                                      |
|(OJ L 062, 9.3.2005, p. 14)                                                  |                                                      |
|Directive 2005/45/EC of the European                                         |                                                      |
|Parliament and of the Council                                                |                                                      |
|(OJ L 255, 30.9.2005, p. 160)                                                |                                                      |

 Õ

                                                                      Part B

                                           Ö List of time-limits Õ for transposition into national law

                                                         (referred to Ö in Õ Article 32)

|Directive                                       |Deadline for transposition                                                |
|Ö 2002/84/EC Õ                                  |Ö 23 November 2003 Õ                                                      |
|Ö 2003/103/EC Õ                                 |Ö 14 May 2005 Õ                                                           |
|Ö 2005/23/EC Õ                                  |Ö 29 September 2005 Õ                                                     |
|Ö 2005/45/EC Õ                                  |Ö 20 October 2007 Õ                                                       |

                                                                  _____________

                                                                     ANNEX IV

                                                                Correlation Table

                                                                        Ö 

|Directive 2001/25/EC                                                 |This Directive                                                 |
|Article 1                                                            |Article 1                                                      |
|Article 2, introductory words                                        |Article 2, introductory words                                  |
|Article 2, first indent                                              |Article 2 (a)                                                  |
|Article 2, second indent                                             |Article 2 (b)                                                  |
|Article 2, third indent                                              |Article 2 (c)                                                  |
|Article 2, fourth indent                                             |Article 2 (d)                                                  |
|Articles 3 to 7                                                      |Articles 3 to 7                                                |
|Article 7a                                                           |Article 8                                                      |
|Article 8                                                            |Article 9                                                      |
|Article 9                                                            |Article 10                                                     |
|Article 10                                                           |Article 11                                                     |
|Article 11                                                           |Article 12                                                     |
|Article 12                                                           |Article 13                                                     |
|Article 13                                                           |Article 14                                                     |
|Article 14                                                           |Article 15                                                     |
|Article 15                                                           |Article 16                                                     |
|Article 16 (1), introductory words                                   |Article 17 (1), introductory words                             |
|Article 16 (1), first indent                                         |Article 17 (1) (a)                                             |
|Article 16 (1), second indent                                        |Article 17 (1) (b)                                             |
|Article 16 (1), third indent                                         |Article 17 (1) (c)                                             |
|Article 16 (1), fourth indent                                        |Article 17 (1) (d)                                             |
|Article 16 (2)                                                       |Article 17 (2)                                                 |
|Article 17                                                           |Article 18                                                     |
|Article 18(1)                                                        |-                                                              |
|Article 18(2)                                                        |-                                                              |
|Article 18(3)                                                        |Article 19(1)                                                  |
|Article 18(4)                                                        |Article 19(2)                                                  |
|Article 18a                                                          |Article 20                                                     |
|Article 18b                                                          |Article 21                                                     |
|Article 19                                                           |Article 22                                                     |
|Article 20 (1), introductory words                                   |Article 23 (1), introductory words                             |
|Article 20 (1), first indent                                         |Article 23 (1) (a)                                             |
|Article 20 (1), second indent                                        |Article 23 (1) (b)                                             |
|Article 20 (2), introductory words                                   |Article 23(2), introductory words                              |
|Article 20 (2), first indent                                         |Article 23 (2) (a)                                             |
|Article 20 (2), second indent                                        |Article 23 (2) (b)                                             |
|Article 20 (2), third indent                                         |Article 23 (2) (c)                                             |
|Article 20 (2), fourth indent                                        |Article 23 (12 (d)                                             |
|Article 20 (2), fifth indent                                         |Article 23 (12 (e)                                             |
|Article 20 (2), sixth indent                                         |Article 23 (12 (f)                                             |
|Article 20 (3)                                                       |Article 23(3)                                                  |
|Article 21                                                           |Article 24                                                     |
|Article 21a                                                          |Article 25                                                     |
|Article 21b                                                          |Article 26(1)                                                  |
|-                                                                    |Article 26(2)                                                  |
|Article 22                                                           |Article 27                                                     |
|Article 23                                                           |Article 28                                                     |
|Article 24                                                           |Article 29                                                     |
|Article 25                                                           |Article 30                                                     |
|Article 26                                                           |Article 31                                                     |
|Article 27                                                           |Article 32                                                     |
|Article 28                                                           |Article 33                                                     |
|Article 29                                                           |Article 34                                                     |
|Annex I                                                              |Annex I                                                        |
|Annex II                                                             |Annex II                                                       |
|Annex III                                                            |Annex III                                                      |
|Annex IV                                                             |Annex IV                                                       |

                                                                 _____________ Õ

                                                             -----------------------
[1]   COM(87) 868 PV.
[2]   See Annex 3 to Part A of the Conclusions.
[3]   Carried out pursuant to the Communication from the Commission to the European Parliament and the  Council  –  Codification  of  the  Acquis
      communautaire, COM(2001) 645 final.
[4]   See Annex III, Part A, of this proposal.
[5]   OJ C […], […], p. […].
[6]   OJ C […], […], p. […].
[7]   OJ C […], […], p. […].
[8]   Ö OJ L 136, 18.5.2001, p. 17. Directive as last amended by Directive 2005/45/EC of 7 September 2005 (OJ L 255, 30.9.2005, p. 160). Õ
[9]   See Annex III, Part B.
[10]  OJ L 255, 30.9.2005, p. 22.
[11]  OJ L 167, 2.7.1999, p. 33.
[12]  OJ L 157, 7.7.1995, p. 1. Directive as last amended by Ö Directive 2002/84/EC of the European Parliament and of  the  Council  (OJ  L  324,
      29.11.2002, p. 53) Õ .
[13]  OJ L 184, 17.7.1999, p. 23.
[14]  OJ L 208, 5.8.2002, p. 1).
[15]  OJ L 324, 29.11.2002, p. 1.