Annexes to COM(2011)555 - Amendment of Directive 2008/106/EC on the minimum level of training of seafarers - Main contents
Please note
This page contains a limited version of this dossier in the EU Monitor.
dossier | COM(2011)555 - Amendment of Directive 2008/106/EC on the minimum level of training of seafarers. |
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document | COM(2011)555 |
date | November 21, 2012 |
(7) Council Directive 2009/13/EC of 16 February 2009 implementing the Agreement concluded by the European Community Shipowners’ Associations (ECSA) and the European Transport Workers’ Federation (ETF) on the Maritime Labour Convention, 2006 (OJ L 124, 20.5.2009, p. 30).
(8) OJ L 208, 5.8.2002, p. 1.
(9) OJ L 324, 29.11.2002, p. 1.
(10) OJ L 255, 30.9.2005, p. 22.
(11) OJ L 55, 28.2.2011, p. 13.
(12) OJ L 324, 29.11.2002, p. 1.
(13) OJ L 55, 28.2.2011, p. 13.’;
ANNEX I
‘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. | 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 a certificate of competency. |
2. | Every candidate for certification shall:
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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 3 000 gross tonnage or more shall hold a certificate of competency. |
2. | Every candidate for certification shall:
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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 3 000 gross tonnage shall hold a certificate of competency. |
4. | Every candidate for certification shall:
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Regulation II/3
Mandatory minimum requirements for certification of officers in charge of a navigational watch and of masters on ships of less than 500 gross tonnage
Ships not engaged on near-coastal voyages
1. | Every officer in charge of a navigational watch serving on a seagoing ship of less than 500 gross tonnage not engaged on near-coastal voyages shall hold a certificate of competency for ships of 500 gross tonnage or more. |
2. | Every master serving on a seagoing ship of less than 500 gross tonnage not engaged on near-coastal voyages shall hold a certificate of competency for service as master on ships of between 500 and 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 a certificate of competency. |
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:
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Master
5. | Every master serving on a seagoing ship of less than 500 gross tonnage engaged on near-coastal voyages shall hold a certificate of competency. |
6. | Every candidate for certification as master on a seagoing ship of less than 500 gross tonnage engaged on a near-coastal voyages shall:
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Exemptions
7. | 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:
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3. | The seagoing service, training and experience required by points 2.2.1 and 2.2.2 shall be associated with navigational watchkeeping functions and involve the performance of duties carried out under the direct supervision of the master, the officer in charge of the navigational watch or a qualified rating. |
Regulation II/5
Mandatory minimum requirements for certification of ratings as able seafarer deck
1. | Every able seafarer deck serving on a seagoing ship of 500 gross tonnage or more shall be duly certificated. |
2. | Every candidate for certification shall:
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3. | Every Member State shall compare the standards of competence which it required of Able Seamen for certificates issued before 1 January 2012 with those specified for the certificate in Section A-II/5 of the STCW Code, and shall determine the need, if any, for requiring these personnel to update their qualifications. |
4. | Until 1 January 2017, a Member State which is also a party to the International Labour Organisation Certification of Able Seamen Convention, 1946 (No 74) may continue to renew and revalidate certificates and endorsements in accordance with the provisions of the aforesaid Convention. |
5. | Seafarers may be considered by the Member State to have met the requirements of this regulation if they have served in a relevant capacity in the deck department for a period of not less than 12 months within the last 60 months preceding the entry into force of the present Directive. |
CHAPTER III
ENGINE DEPARTMENT
Regulation III/1
Mandatory minimum requirements for certification of officers in charge of an engineering watch in a manned engine-room or designated duty engineers in a periodically unmanned engine-room
1. | Every officer in charge of an engineering watch in a manned engine-room or designated duty engineer officer in a periodically unmanned engine-room on a seagoing ship powered by main propulsion machinery of 750 kW propulsion power or more shall hold a certificate of competency. |
2. | Every candidate for certification shall:
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Regulation III/2
Mandatory minimum requirements for certification of chief engineer officers and second engineer officers on ships powered by main propulsion machinery of 3 000 kW propulsion power or more
1. | Every chief engineer officer and second engineer officer on a seagoing ship powered by main propulsion machinery of 3 000 kW propulsion power or more shall hold a certificate of competency. |
2. | Every candidate for certification shall:
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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 a certificate of competency. |
2. | Every candidate for certification shall:
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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 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:
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3. | The seagoing service, training and experience required by points 2.2.1 and 2.2.2 shall be associated with engine-room watchkeeping functions and involve the performance of duties carried out under the direct supervision of a qualified engineer officer or a qualified rating. |
Regulation III/5
Mandatory minimum requirements for certification of ratings as able seafarer engine in a manned engine-room or designated to perform duties in a periodically unmanned engine-room
1. | Every able seafarer engine serving on a seagoing ship powered by main propulsion machinery of 750 kW propulsion power or more shall be duly certificated. |
2. | Every candidate for certification shall:
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3. | Every Member State shall compare the standards of competence which it required of ratings in the engine department for certificates issued before 1 January 2012 with those specified for the certificate in Section A-III/5 of the STCW Code, and shall determine the need, if any, for requiring these personnel to update their qualifications. |
4. | Seafarers may be considered by the Member State to have met the requirements of this regulation if they have served in a relevant capacity in the engine department for a period of not less than 12 months within the last 60 months preceding the entry into force of this Directive. |
Regulation III/6
Mandatory minimum requirements for certification of electro-technical officer
1. | Every electro-technical officer serving on a seagoing ship powered by main propulsion machinery of 750 kW propulsion power or more, shall hold a certificate of competency. |
2. | Every candidate for certification shall:
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3. | Every Member State shall compare the standards of competence which it required of electro-technical officers for certificates issued before 1 January 2012 with those specified for the certificate in Section A-III/6 of the STCW Code, and shall determine the need for requiring those personnel to update their qualifications. |
4. | Seafarers may be considered by the Member State to have met the requirements of this regulation if they have served in a relevant capacity on board a ship for a period of not less than 12 months within the last 60 months preceding the entry into force of this Directive and meet the standard of competence specified in Section A-III/6 of the STCW Code. |
5. | Notwithstanding the above requirements of paragraphs 1 to 4, a suitably qualified person may be considered by a Member State able to perform certain functions of Section A-III/6. |
Regulation III/7
Mandatory minimum requirements for certification of electro-technical rating
1. | Every electro-technical rating serving on a seagoing ship powered by main propulsion machinery of 750 kW propulsion power or more shall be duly certificated. |
2. | Every candidate for certification shall:
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3. | Every Member State shall compare the standards of competence which it required of electro-technical ratings for certificates issued before 1 January 2012 with those specified for the certificate in Section A-III/7 of the STCW Code, and shall determine the need, if any, for requiring these personnel to update their qualifications. |
4. | Seafarers may be considered by the Member State to have met the requirements of this regulation if they have served in a relevant capacity on board a ship for a period of not less than 12 months within the last 60 months preceding the entry into force of this Directive and meet the standard of competence specified in Section A-III/7 of the STCW Code. |
5. | Notwithstanding the above requirements of paragraphs 1 to 4, a suitably qualified person may be considered by a Member State able to perform certain functions of Section A-III/7. |
CHAPTER IV
RADIO COMMUNICATION AND RADIO OPERATORS
Explanatory note
Mandatory provisions relating to radio watchkeeping are set forth in the Radio Regulations and in the SOLAS 74, as amended. Provisions for radio maintenance are set forth in the SOLAS 74, as amended, and the guidelines adopted by the International Maritime Organisation.
Regulation IV/1
Application
1. | Except as provided in point 2, the provisions of this chapter apply to radio operators on ships operating in the global maritime distress and safety system (GMDSS) as prescribed by the SOLAS 74, as amended. |
2. | Radio operators on ships not required to comply with the provisions of the GMDSS in Chapter IV of the SOLAS 74 are not required to meet the provisions of this chapter. Radio operators on these ships are, nevertheless, required to comply with the Radio Regulations. Member States shall ensure that the appropriate certificates as prescribed by the Radio Regulations are issued to or recognised in respect of such radio operators. |
Regulation IV/2
Mandatory minimum requirements for certification of GMDSS radio operators
1. | Every person in charge of or performing radio duties on a ship required to participate in the GMDSS shall hold an appropriate certificate related to the GMDSS, issued or recognised by the Member State under the provisions of the Radio Regulations. |
2. | In addition, every candidate for certification of competency under this regulation for service on a ship which is required by the SOLAS 74, as amended, to have a radio installation shall:
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CHAPTER V
SPECIAL TRAINING REQUIREMENTS FOR PERSONNEL ON CERTAIN TYPES OF SHIPS
Regulation V/1-1
Mandatory minimum requirements for the training and qualifications of masters, officers and ratings on oil and chemical tankers
1. | Officers and ratings assigned specific duties and responsibilities related to cargo or cargo equipment on oil or chemical tankers shall hold a certificate in basic training for oil and chemical tanker cargo operations. |
2. | Every candidate for a certificate in basic training for oil and chemical tanker cargo operations shall have completed basic training in accordance with provisions of Section A-VI/1 of the STCW Code and shall have completed:
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3. | Masters, chief engineer officers, chief mates, second engineer officers and any person with immediate responsibility for loading, discharging, care in transit, handling of cargo, tank cleaning or other cargo-related operations on oil tankers shall hold a certificate in advanced training for oil tanker cargo operations. |
4. | Every candidate for a certificate in advanced training for oil tanker cargo operations shall:
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5. | Masters, chief engineer officers, chief mates, second engineer officers and any person with immediate responsibility for loading, discharging, care in transit, handling of cargo, tank cleaning or other cargo-related operations on chemical tankers shall hold a certificate in advanced training for chemical tanker cargo operations. |
6. | Every candidate for a certificate in advanced training for chemical tanker cargo operations shall:
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7. | Member States shall ensure that a certificate of proficiency is issued to seafarers, who are qualified in accordance with paragraph 2, 4 or 6 as appropriate, or that an existing certificate of competency or certificate of proficiency is duly endorsed. |
Regulation V/1-2
Mandatory minimum requirements for the training and qualifications of masters, officers and ratings on liquefied gas tankers
1. | Officers and ratings assigned specific duties and responsibilities related to cargo or cargo equipment on liquefied gas tankers shall hold a certificate in basic training for liquefied gas tanker cargo operations. |
2. | Every candidate for a certificate in basic training for liquefied gas tanker cargo operations shall have completed basic training in accordance with provisions of Section A-VI/1 of the STCW Code and shall have completed:
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3. | Masters, chief engineer officers, chief mates, second engineer officers and any person with immediate responsibility for loading, discharging, care in transit, handling of cargo, tank cleaning or other cargo-related operations on liquefied gas tankers shall hold a certificate in advanced training for liquefied gas tanker cargo operations. |
4. | Every candidate for a certificate in advanced training for liquefied gas tanker cargo operations shall:
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5. | Member States shall ensure that a certificate of proficiency is issued to seafarers, who are qualified in accordance with paragraph 2 or 4 as appropriate, or that an existing certificate of competency or certificate of proficiency is duly endorsed. |
Regulation V/2
Mandatory minimum requirements for the training and qualifications of masters, officers, ratings and other personnel on passenger ships
1. | This Regulation applies to masters, officers, ratings and other personnel serving on board passenger ships engaged on international voyages. Member States shall determine the applicability of these requirements to personnel serving on passenger ships engaged on domestic voyages. |
2. | Prior to being assigned shipboard duties on board passenger ships, seafarers shall have completed the training required by paragraphs 4 to 7 below in accordance with their capacities, duties and responsibilities. |
3. | Seafarers who are required to be trained in accordance with paragraphs 4, 6 and 7 shall at intervals not exceeding five years undertake appropriate refresher training or be required to provide evidence of having achieved the required standard of competence within the previous five years. |
4. | Masters, officers and other personnel designated on muster lists to assist passengers in emergency situations on board passenger ships shall have completed training in crowd management as specified in Section A-V/2, paragraph 1, of the STCW Code. |
5. | Personnel providing direct service to passengers in passenger spaces on board passenger ships shall have completed the safety training specified in Section A-V/2, paragraph 2, of the STCW Code. |
6. | Masters, chief engineer officers, chief mates, second engineer officers and any person designated on muster lists of having responsibility for the safety of passengers in emergency situations on board passenger ships shall have completed approved training in crisis management and human behaviour as specified in Section A-V/2, paragraph 3 of the STCW Code. |
7. | Masters, chief mates, chief engineer officers, second engineer officers and every person assigned immediate responsibility for embarking and disembarking passengers, loading, discharging or securing cargo, or closing hull openings on board ro-ro passenger ships shall have completed approved training in passenger safety, cargo safety and hull integrity as specified in Section A-V/2, paragraph 4, of the STCW Code. |
8. | Member States shall ensure that documentary evidence of the training which has been completed is issued to every person found qualified under the provisions of this regulation. |
CHAPTER VI
EMERGENCY, OCCUPATIONAL SAFETY, SECURITY, MEDICAL CARE AND SURVIVAL FUNCTIONS
Regulation VI/1
Mandatory minimum requirements for safety familiarisation, basic training and instruction for all seafarers
1. | Seafarers shall receive familiarisation and basic training or instruction in accordance with Section A-VI/1 of the STCW Code and shall meet the appropriate standard of competence specified therein. |
2. | Where basic training is not included in the qualification for the certificate to be issued, a certificate of proficiency shall be issued indicating that the holder has attended the course in basic training. |
Regulation VI/2
Mandatory minimum requirements for the issue of certificates of proficiency in survival craft, rescue boats and fast rescue boats
1. | Every candidate for a certificate of proficiency in survival craft and rescue boats other than fast rescue boats shall:
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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 paragraphs 1 to 4 of the STCW Code and shall meet the standard of competence specified therein. |
2. | Where training in advanced firefighting is not included in the qualifications for the certificate to be issued, a certificate of proficiency shall be issued indicating that the holder has attended a course of training in advanced firefighting. |
Regulation VI/4
Mandatory minimum requirements relating to medical first aid and medical care
1. | Seafarers designated to provide medical first aid on board ship shall meet the standard of competence in medical first aid specified in Section A-VI/4, paragraphs 1, 2 and 3, of the STCW Code. |
2. | Seafarers designated to take charge of medical care on board ship shall meet the standard of competence in medical care on board ships specified in Section A-VI/4, paragraphs 4, 5 and 6, of the STCW Code. |
3. | Where training in medical first aid or medical care is not included in the qualifications for the certificate to be issued, a certificate of proficiency shall be issued indicating that the holder has attended a course of training in medical first aid or in medical care. |
Regulation VI/5
Mandatory minimum requirements for the issue of certificates of proficiency for ship security officers
1. | Every candidate for a certificate of proficiency as ship security officer shall:
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2. | Member States shall ensure that every person found qualified under the provisions of this regulation is issued with a certificate of proficiency. |
Regulation VI/6
Mandatory minimum requirements for security related training and instruction for all seafarers
1. | Seafarers shall receive security-related familiarisation and security-awareness training or instruction in accordance with Section A-VI/6, paragraphs 1 to 4 of the STCW Code and shall meet the appropriate standard of competence specified therein. |
2. | Where security awareness is not included in the qualification for the certificate to be issued, a certificate of proficiency shall be issued indicating that the holder has attended the a course in security awareness training. |
3. | Every Member State shall compare the security-related training or instruction it requires of seafarers who hold or can document qualifications before the entry into force of this Directive, with those specified in Section A-VI/6, paragraph 4 of the STCW Code, and shall determine the need for requiring these seafarers to update their qualifications. |
Seafarers with designated security duties
4. | Seafarers with designated security duties shall meet the standard of competence specified in Section A-VI/6, paragraphs 6 to 8 of the STCW Code. |
5. | Where training in designated security duties is not included in the qualifications for the certificate to be issued, a certificate of proficiency shall be issued indicating that the holder has attended a course of training for designated security duties. |
6. | Every Member State shall compare the security training standards required of seafarers with designated security duties who hold or can document qualifications before the entry into force of this directive with those specified in Section A-VI/6, paragraph 8 of the STCW Code, and shall determine the need for requiring these seafarers to update their qualifications. |
CHAPTER VII
ALTERNATIVE CERTIFICATION
Regulation VII/1
Issue of alternative certificates
1. | Notwithstanding the requirements for certification laid down in Chapters II and III of this Annex, Member States may elect to issue or authorise the issue of certificates other than those mentioned in the regulations of those chapters, provided that:
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2. | No certificate shall be issued under this chapter unless the Member State has communicated the information required by the STCW Convention to the Commission. |
Regulation VII/2
Certification of seafarers
Every seafarer who performs any function or group of functions specified in tables A-II/1, A-II/2, A-II/3, A-II/4 or A-II/5 of Chapter II or in tables A-III/1, A-III/2, A-III/3, or A-III/4 or A-III/5 of Chapter III or A-IV/2 of Chapter IV of the STCW Code shall hold a certificate of competency or certificate of proficiency, as applicable.
Regulation VII/3
Principles governing the issue of alternative certificates
1. | A Member State which elects to issue or authorise the issue of alternative certificates shall ensure that the following principles are observed:
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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
Point 3 of Annex II is replaced by the following:
‘3. | The Commission, assisted by the European Maritime Safety Agency and with the possible involvement of any Member State concerned, has confirmed, through an evaluation of that Party, which may include inspection of facilities and procedures, that the requirements of the STCW Convention regarding standards of competence, training and certification and quality standards are fully complied with.’. |
ANNEX III
‘ANNEX V
TYPE OF INFORMATION TO BE COMMUNICATED TO THE COMMISSION FOR STATISTICAL PURPOSES
1. | Where reference is made to this Annex, the following information specified in Section A-I/2, paragraph 9 of the STCW Code for all certificates of competency or endorsements attesting their issue, all endorsements attesting the recognition of certificates of competency issued by other countries, shall be provided and where marked (*) this provision shall be in an anonymised form as required by Article 25a(3): Certificates of competency (CoC)/Endorsements attesting their issue (EaI):
Endorsements attesting the recognition of certificates of competency issued by other countries (EaR):
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2. | Member States may provide, on a voluntary basis, information on the certificates of proficiency (CoP) issued to ratings in accordance with Chapters II, III, and VII of the Annex to the STCW Convention, such as:
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