Annexes to COM(2007)610 - Minimum level of training of seafarers (Recast) - Main contents
Please note
This page contains a limited version of this dossier in the EU Monitor.
dossier | COM(2007)610 - Minimum level of training of seafarers (Recast). |
---|---|
document | COM(2007)610 |
date | November 19, 2008 |
(5) OJ L 255, 30.9.2005, p. 22.
(6) OJ L 167, 2.7.1999, p. 33.
(7) OJ L 208, 5.8.2002, p. 1.
(8) OJ L 157, 7.7.1995, p. 1.
(9) OJ L 184, 17.7.1999, p. 23.
(10) OJ L 324, 29.11.2002, p. 1.
ANNEX I
TRAINING REQUIREMENTS OF THE STCW CONVENTION, REFERRED TO IN ARTICLE 3
CHAPTER I
GENERAL PROVISIONS
1. | The Regulations referred to in this Annex are supplemented by the mandatory provisions contained in Part A of the STCW Code with the exception of Chapter VIII, Regulation VIII/2. Any reference to a requirement in a Regulation also constitutes a reference to the corresponding section of Part A of the STCW Code. |
2. | 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. |
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:
at the following levels of responsibility:
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:
|
Regulation II/2
Mandatory minimum requirements for certification of masters and chief mates on ships of 500 gross tonnage or more
Master and chief mate on ships of 3 000 gross tonnage or more
1. | Every master and chief mate on a seagoing ship of 3 000 gross tonnage or more shall hold an appropriate certificate. |
2. | Every candidate for certification shall:
|
Master and chief mate on ships of between 500 and 3 000 gross tonnage
3. | Every master and chief mate on a seagoing ship of between 500 and 3 000 gross tonnage shall hold an appropriate certificate. |
4. | Every candidate for certification shall:
|
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 3 000 gross tonnage. |
Ships engaged on near-coastal voyages
Officer in charge of a navigational watch
3. | Every officer in charge of a navigational watch on a seagoing ship of less than 500 gross tonnage engaged on near-coastal voyages shall hold 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:
|
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:
|
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:
|
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:
|
Regulation III/2
Mandatory minimum requirements for certification of chief engineer officers and second engineer officers on ships powered by main propulsion machinery of 3 000 kW propulsion power or more
1. | Every chief engineer officer and second engineer officer on a seagoing ship powered by main propulsion machinery of 3 000 kW propulsion power or more shall hold an appropriate certificate. |
2. | Every candidate for certification shall:
|
Regulation III/3
Mandatory minimum requirements for certification of chief engineer officers and second engineer officers on ships powered by main propulsion machinery of between 750 kW and 3 000 kW propulsion power
1. | Every chief engineer officer and second engineer officer on a seagoing ship powered by main propulsion machinery of between 750 and 3 000 kW propulsion power shall hold an appropriate certificate. |
2. | Every candidate for certification shall:
|
3. | Every engineer officer who is qualified to serve as second engineer officer on ships powered by main propulsion machinery of 3 000 kW propulsion power or more, may serve as chief engineer officer on ships powered by main propulsion machinery of less than 3 000 kW propulsion power, provided that not less than 12 months approved seagoing service shall have been served as an engineer officer in a position of responsibility and the certificate is so endorsed. |
Regulation III/4
Mandatory minimum requirements for certification of ratings forming part of a watch in a manned engine-room or designated to perform duties in a periodically unmanned engine-room
1. | Every rating forming part of an engine-room watch or designated to perform duties in a periodically unmanned engine-room on a seagoing ship powered by main propulsion machinery of 750 kW 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:
|
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
RADIO COMMUNICATION AND RADIO PERSONNEL
Explanatory note
Mandatory provisions relating to radio watchkeeping are set forth in the Radio Regulations and in the SOLAS 74, as amended. Provisions for radio maintenance are set forth in the SOLAS 74, as amended, and the guidelines adopted by the International Maritime Organisation.
Regulation IV/1
Application
1. | Except as provided in point 2, the provisions of this chapter apply to radio personnel on ships operating in the global maritime distress and safety system (GMDSS) as prescribed by the SOLAS 74, as amended. |
2. | Radio personnel on ships not required to comply with the provisions of the GMDSS in Chapter IV of the SOLAS 74 are not required to meet the provisions of this chapter. Radio 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 74, as amended, to have a radio installation shall:
|
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 firefighting course in addition to the training required by Regulation VI/1 and shall have completed:
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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:
|
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. |
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 training or be required to provide evidence of having achieved the required standard of competence within the previous five years. |
4. | Masters, officers and other personnel designated on muster lists to assist passengers in emergency situations on board 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. |
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. |
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. |
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. |
CHAPTER VI
EMERGENCY, OCCUPATIONAL SAFETY, MEDICAL CARE AND SURVIVAL FUNCTIONS
Regulation VI/1
Mandatory minimum requirements for familiarisation, basic safety training and instruction for all seafarers
Seafarers shall receive familiarisation and basic safety training or instruction in accordance with Section A-VI/1 of the STCW Code and shall meet the appropriate standard of competence specified therein.
Regulation VI/2
Mandatory minimum requirements for the issue of certificates of proficiency in survival craft, rescue boats and fast rescue boats
1. | Every candidate for a certificate of proficiency in survival craft and rescue boats other than fast rescue boats shall:
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2. | Every candidate for a certificate of proficiency in fast rescue boats shall:
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Regulation VI/3
Mandatory minimum requirements for training in advanced firefighting
1. | Seafarers designated to control firefighting operations shall have successfully completed advanced training in techniques for fighting fire with particular emphasis on organisation, tactics and command in accordance with the provisions of Section A-VI/3 of the STCW Code and shall meet the standard of competence specified therein. |
2. | Where training in advanced firefighting is not included in the qualifications for the certificate to be issued, a special certificate or documentary evidence, as appropriate, shall be issued indicating that the holder has attended a course of training in advanced firefighting. |
Regulation VI/4
Mandatory minimum requirements relating to medical first aid and medical care
1. | Seafarers designated to provide medical first aid on board ship shall meet the standard of competence in medical first aid specified in Section A-VI/4, paragraphs 1, 2 and 3, of the STCW Code. |
2. | Seafarers designated to take charge of medical care on board ship shall meet the standard of competence in medical care on board ships specified in Section A-VI/4, paragraphs 4, 5 and 6, of the STCW Code. |
3. | Where training in medical first aid or medical care is not included in the qualifications for the certificate to be issued, a 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:
|
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:
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2. | The principle of interchangeability in point 1 shall ensure that:
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3. | In issuing any certificate under the provisions of this chapter the following principles shall be taken into account:
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4. | The principles contained in points 1 and 2 shall ensure that the competency of both deck and engineer officers is maintained. |
ANNEX II
CRITERIA FOR THE RECOGNITION OF THIRD COUNTRIES THAT HAVE ISSUED A CERTIFICATE OR UNDER THE AUTHORITY OF WHICH WAS ISSUED A CERTIFICATE, REFERRED TO IN ARTICLE 19(2)
1. | 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 European Maritime Safety 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. |
ANNEX III
PART A
Repealed Directive with list of its successive amendments
(referred to in Article 32)
Directive 2001/25/EC of the European Parliament and of the Council (OJ L 136, 18.5.2001, p. 17). | |
Directive 2002/84/EC of the European Parliament and of the Council (OJ L 324, 29.11.2002, p. 53). | only Article 11 |
Directive 2003/103/EC of the European Parliament and of the Council (OJ L 326, 13.12.2003, p. 28). | |
Commission Directive 2005/23/EC (OJ L 62, 9.3.2005, p. 14). | |
Directive 2005/45/EC of the European Parliament and of the Council (OJ L 255, 30.9.2005, p. 160). | only Article 4 |
PART B
List of time limits for transposition into national law
(referred to in Article 32)
Directive | Deadline for transposition |
2002/84/EC | 23 November 2003 |
2003/103/EC | 14 May 2005 |
2005/23/EC | 29 September 2005 |
2005/45/EC | 20 October 2007 |
ANNEX IV
CORRELATION TABLE
Directive 2001/25/EC | This Directive |
Article 1 | Article 1 |
Article 2, introductory words | Article 2, introductory words |
Article 2, first to fourth indent | Article 2(a) to (d) |
Articles 3 to 7 | Articles 3 to 7 |
Article 7a | Article 8 |
Article 8 | Article 9 |
Article 9(1) introductory wording | Article 10(1) first subparagraph introductory wording |
Article 9(1)(a) and (b) | Article 10(1) first subparagraph (a) and (b) |
Article 9(1)(c) first sentence | Article 10(1) first subparagraph (c) |
Article 9(1)(c) second sentence | Article 10(1) second subparagraph |
Article 9(1)(d) | Article 10(1) first subparagraph (d) |
Article 9(2) and (3) | Article 10(2) and (3) |
Article 10 | Article 11 |
Article 11 | Article 12 |
Article 12 | Article 13 |
Article 13 | Article 14 |
Article 14 | Article 15 |
Article 15 | Article 16 |
Article 16(1), introductory phrase | Article 17(1), introductory phrase |
Article 16(1), first indent to fourth indent | Article 17(1)(a) to (d) |
Article 16(2), introductory wording | Article 17(2), introductory wording |
Article 16(2)(a)(1) and (2) | Article 17(2)(a)(i) and (ii) |
Article 16(2)(b) and (c) | Article 17(2)(b) and (c) |
Article 16(2)(d)(1) and (2) | Article 17(2)(d)(i) and (ii) |
Article 16(2)(d)(3)(i) and (ii) | Article 17(2)(d)(iii), first and second indent |
Article 16(2)(e) | Article 17(2)(e) |
Article 16(2)(f)(1) to (5) | Article 17(2)(f)(i) to (v) |
Article 16(2)(g) | Article 17(2)(g) |
Article 17 | Article 18 |
Article 18(1) and (2) | – |
Article 18(3), introductory phrase | Article 19(1) |
Article 18(3)(a) | Article 19(2) |
Article 18(3)(b) | Article 19(3), first subparagraph |
Article 18(3)(c) | Article 19(3), second subparagraph |
Article 18(3)(d) | Article 19(4) |
Article 18(3)(e) | Article 19(5) |
Article 18(3)(f) | Article 19(6) |
Article 18(4) | Article 19(7) |
Article 18a(1), first and second sentence | Article 20(1), first and second subparagraph |
Article 18a(2), first and second sentence | Article 20(2), first and second subparagraph |
Article 18a(3) to (5) | Article 20(3) to (5) |
Article 18a(6), first and second sentence | Article 20(6), first and second subparagraph |
Article 18a(7) | Article 20(7) |
Article 18b | Article 21 |
Article 19 | Article 22 |
Article 20(1), introductory words | Article 23(1), introductory words |
Article 20(1), first and second indent | Article 23(1)(a) and (b) |
Article 20(2), introductory words | Article 23(2), introductory words |
Article 20(2), first to sixth indent | Article 23(2)(a) to (f) |
Article 20(3) | Article 23(3) |
Article 21 | Article 24 |
Article 21a | Article 25 |
– | Article 26(1) |
Article 21b, first sentence | Article 26(2), first subparagraph |
Article 21b, second sentence | Article 26(2), second subparagraph |
Article 22(1), first sentence | Article 27(1), first subparagraph |
Article 22(1) second sentence | Article 27(1), second subparagraph |
– | Article 27(1), third subparagraph |
Article 22(3) and (4) | Article 27(2) and (3) |
Article 23(1) and (2) | Article 28(1) and (2) |
– | Article 28(3) |
Article 23(3) | – |
Article 24(1) and (2) | – |
Article 24(3)(1) and (2) | Article 29(a) and (b) |
Article 25 | Article 30 |
Article 26, first sentence | Article 31, first paragraph |
Article 26, second sentence | Article 31, second paragraph |
Article 27 | Article 32 |
Article 28 | Article 33 |
Article 29 | Article 34 |
Annexes I and II | Annexes I and II |
Annex III | – |
Annex IV | – |
– | Annex III |
– | Annex IV |