Directive 2022/993 - Minimum level of training of seafarers (codification) - Main contents

EN

Official Journal of the European Union

L 169/45

Directive 2008/106/EC of the European Parliament and of the Council (3) has been substantially amended several times (4). In the interests of clarity and rationality, that Directive should be codified.

In order to maintain, and to aim to improve, a high level of maritime safety and the prevention of pollution at sea, it is essential to maintain and possibly to improve the level of knowledge and skills of Union seafarers by developing maritime training and certification in line with international rules and technological progress, as well as to take further action to enhance the European maritime skills base.

The training and certification of seafarers is regulated at international level by the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978 (STCW Convention) of the International Maritime Organization (IMO), which was subject to a major revision at a Conference of Parties to the STCW Convention held in Manila in 2010 (Manila amendments). Further amendments to the STCW Convention were adopted in 2015 and in 2016.

This Directive incorporates the STCW Convention into Union law. All Member States are signatories to the STCW Convention and thus a harmonised implementation of their international commitments is to be achieved through the alignment of Union rules on the training and certification of seafarers with the STCW Convention.

The Union shipping sector has maritime expertise of a high quality which helps to underpin its competitiveness. The quality of training for seafarers is important for the competitiveness of this sector and for attracting Union citizens, in particular young people, to the maritime professions.

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

The Regulations of the STCW Convention annexed to this Directive should be supplemented by the mandatory provisions contained in Part A of the Seafarers’ Training, Certification and Watchkeeping Code (STCW Code). Part B of the STCW Code contains recommended guidance intended to assist Parties to the STCW Convention, and those involved in implementing, applying or enforcing its measures, to give the Convention full and complete effect in a uniform manner.

One of the objectives of the common transport policy in the field of maritime transport is to facilitate the movement of seafarers within the Union. Such movement contributes, among other things, to making the Union maritime transport sector attractive to future generations, thereby avoiding a situation whereby the European maritime cluster is faced with a shortage of competent staff with the right mix of skills and competencies. The mutual recognition of seafarers’ certificates issued by Member States is essential to facilitate the free movement of seafarers. In the light of the right to good administration, Member States’ decisions in respect of the acceptance of certificates of proficiency issued to seafarers by other Member States for the purpose of issuing national certificates of competency should be based on reasons that are capable of being ascertained by the seafarer concerned.

Training for seafarers should cover proper theoretical and practical training so as to ensure that seafarers are qualified to meet security and safety standards and are able to respond to hazards and emergencies.

Member States should take and enforce specific measures to prevent and penalise fraudulent practices associated with certificates of competency and certificates of proficiency as well as pursue their efforts within the IMO to achieve strict and enforceable agreements on the worldwide fight against such practices.

Quality standards and quality standards systems should be developed and implemented taking into account, where applicable, the Recommendation of the European Parliament and of the Council of 18 June 2009 (5) and related measures adopted by the Member States.

For the enhancement of maritime safety and the prevention of pollution at sea, provisions on minimum rest periods for watchkeeping personnel should be laid down 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 (6).

European social partners have agreed on minimum hours of rest applicable to seafarers and Directive 1999/63/EC was adopted with a view to implementing that agreement. That Directive also allows for the possibility to authorise exceptions to the minimum hours of rest for seafarers. The possibility to authorise exceptions should, however, be limited in terms of the maximum duration, frequency and scope. The Manila amendments aimed, amongst other things, to set objective limits to the exceptions to the minimum rest hours for watchkeeping personnel and seafarers with designated tasks related to safety, security and the prevention of pollution, with a view to preventing fatigue. Therefore, this Directive should reflect the Manila amendments in a manner that ensures coherence with Directive 1999/63/EC.

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

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

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

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

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.

This Directive contains a centralised system for the recognition of seafarers’ certificates issued by third countries. In order to use the available human and financial resources in an efficient way, the procedure for the recognition of third countries should be based on an analysis of the need for such recognition, including but not limited to an indication of the estimated number of masters, officers and radio operators originating from that third country who are likely to be serving on ships flying the flags of Member States. That analysis should be submitted for examination to the Committee on Safe Seas and the Prevention of Pollution from Ships (COSS).

In order to ensure the right of all seafarers to decent employment and in order to limit distortions of competition in the internal market, for the future recognition of third countries it should be considered whether those third countries have ratified the Maritime Labour Convention, 2006.

In order to ensure the efficiency of the centralised system for the recognition of seafarers’ certificates issued by third countries, a reassessment of third countries which provide a low number of seafarers to ships flying the flags of Member States should be performed at intervals of 10 years. This long period of reassessment of the system of such third countries should be combined with priority criteria which take into account safety concerns, balancing the need for efficiency with an effective safeguard mechanism in case of a deterioration in the quality of seafarers’ training provided in the relevant third countries.

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

The European Maritime Safety Agency established by Regulation (EC) No 1406/2002 of the European Parliament and of the Council (7) should assist the Commission in verifying that Member States comply with the requirements laid down in this Directive.

Information on the seafarers employed from third countries has become available at Union level through the communication by Member States of the relevant information kept in their national registers regarding issued certificates and endorsements. That information should be used for statistical and policy-making purposes, in particular for the purpose of improving the efficiency of the centralised system for the recognition of seafarers’ certificates issued by third countries. Based on the information communicated by the Member States, the recognition of third countries which have not provided seafarers to ships flying the flags of Member States for a period of at least eight years should be re-examined. The re-examination process should cover the possibility of retaining or withdrawing the recognition of the relevant third country. In addition, the information communicated by the Member States should also be used in order to prioritise the reassessment of the recognised third countries.

Member States, as port authorities, are required to enhance safety and the prevention of pollution in Union waters through priority inspection of vessels flying the flag of a third country which has not ratified the STCW Convention, thereby ensuring that vessels flying the flag of a third country do not enjoy more favourable treatment.

The provisions for the recognition of professional qualifications set out in Directive 2005/36/EC of the European Parliament and of the Council (8) did not apply with regard to the recognition of seafarers’ certificates under Directive 2008/106/EC. Directive 2005/45/EC of the European Parliament and of the Council (9) regulated the mutual recognition of seafarers’ certificates issued by the Member States. However, the definitions of seafarers’ certificates referred to in Directive 2005/45/EC became obsolete following the 2010 amendments to the STCW Convention. Therefore, the mutual recognition scheme of seafarers’ certificates issued by Member States should be regulated so as to reflect the international amendments. In addition, the seafarers’ medical certificates issued under the authority of Member States should also be included in the mutual recognition scheme. In order to avoid any ambiguity and the risk of inconsistencies between Directive 2005/45/EC and this Directive, the mutual recognition of seafarers’ certificates should be regulated by this Directive only. Furthermore, in order to reduce the administrative burden on Member States, an electronic system for the presentation of seafarers’ qualifications should be introduced once the relevant amendments to the STCW Convention have been adopted.

Digitalisation of data is part and parcel of technological progress in the area of data collection and communication with a view to helping to bring down costs and making efficient use of human resources. The Commission should consider measures in order to enhance the effectiveness of port State control, including, inter alia, an evaluation of the feasibility and added value of setting up and managing a central database of seafarers’ certificates which would be linked to the inspection database referred to in Article 24 of Directive 2009/16/EC of the European Parliament and of the Council (10), and to which all Member States would be connected. That central database should contain all the information, set out in Annex III to this Directive, on certificates of competency and endorsements attesting the recognition of certificates of proficiency issued in accordance with Regulations V/1-1 and V/1-2 of the STCW Convention.

The Commission should establish a dialogue with social partners and Member States to develop maritime training initiatives additional to the internationally agreed minimum level of training of seafarers, and which could be mutually recognised by Member States as European Maritime Diplomas of Excellence. Those initiatives should build upon, and be developed in line with, the recommendations of the ongoing pilot projects and strategies in the Commission’s Blueprint for sectoral cooperation on skills.

In order to take account of developments at international level and to ensure the timely adaptation of Union rules to such developments, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of incorporating amendments to the STCW Convention and Part A of the STCW Code by updating the technical requirements on the training and certification of seafarers and by aligning all the relevant provisions of this Directive in relation to the digital certificates for seafarers. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making (11). In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States’ experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.

In order to ensure uniform conditions for the implementation of the provisions of this Directive concerning the recognition of third countries, as well as in relation to the statistical data on seafarers to be supplied by Member States to the Commission, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council (12).

Since the objective of this Directive, namely the alignment of the rules of the Union with international rules on the training and certification of seafarers, cannot be sufficiently achieved by the Member States but can rather, by reason of the scale or effects of the action, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality as set out in that Article, this Directive does not go beyond what is necessary in order to achieve that objective.

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

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

fishing vessels;

pleasure yachts not engaged in trade;

wooden ships of primitive build.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

‘Radio Regulations’ means the radio regulations annexed to, or regarded as being annexed to, the International Telecommunication Convention, as amended;

‘passenger ship’ means a ship as defined in the International Convention for the Safety of Life at Sea, 1974 (SOLAS 74), as amended, of the International Maritime Organization (IMO);

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

‘STCW Convention’ means the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978 of the IMO, 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 their up-to-date versions;

‘radio duties’ includes, as appropriate, watchkeeping and technical maintenance and repairs conducted in accordance with the Radio Regulations, SOLAS 74 and, at the discretion of each Member State, the relevant recommendations of the IMO, in their up-to-date versions;

‘ro-ro passenger ship’ means a passenger ship with ro-ro cargo spaces or special-category spaces as defined in SOLAS 74, in its up-to-date version;

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

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

‘company’ means the owner of a ship or any other organisation or person such as the manager or the bareboat charterer who has assumed the responsibility for the 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 this Directive;

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

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

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

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

‘GMDSS radio operator’ means a person qualified in accordance with Chapter IV of Annex I;

‘ISPS Code’ means the International Ship and Port Facility Security Code adopted on 12 December 2002, by resolution 2 of the Conference of Contracting Governments to SOLAS 74, in its up-to-date version;

‘ship security officer’ means the person on board a ship, accountable to the master, designated by the company as responsible for the security of the ship including implementation and maintenance of the ship security plan and liaison with the company security officer and port facility security officers;

‘security duties’ include all security tasks and duties on board ships as defined by Chapter XI/2 of SOLAS 74, as amended, and by the ISPS Code;

‘certificate of competency’ means a certificate issued and endorsed for masters, officers and GMDSS radio operators in accordance with Chapters II, III, IV, V or VII of Annex I, and entitling the lawful holder thereof to serve in the capacity and perform the functions involved at the level of responsibility specified therein;

‘certificate of proficiency’ means a certificate, other than a certificate of competency, issued to a seafarer stating that the relevant requirements regarding training, competencies or seagoing service in this Directive have been met;

‘documentary evidence’ means documentation, other than a certificate of competency or certificate of proficiency, used to establish that the relevant requirements in this Directive have been met;

‘electro-technical officer’ means an officer qualified in accordance with Chapter III of Annex I;

‘able seafarer deck’ means a rating qualified in accordance with Chapter II of Annex I;

‘able seafarer engine’ means a rating qualified in accordance with Chapter III of Annex I;

‘electro-technical rating’ means a rating qualified in accordance with Chapter III of Annex I;

‘host Member State’ means the Member State in which seafarers seek acceptance or recognition of their certificates of competency, certificates of proficiency or documentary evidence;

‘IGF Code’ means the International Code of Safety for Ships using Gases or other Low-flashpoint Fuels, as defined in Regulation II-1/2.29 of SOLAS 74;

‘Polar Code’ means the International Code for Ships Operating in Polar Waters, as defined in Regulation XIV/1.1 of SOLAS 74;

‘Polar waters’ means Arctic waters and/or the Antarctic area, as defined in Regulations XIV/1.2, XIV/1.3 and XIV/1.4 of SOLAS 74.

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

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

may be issued as separate documents;

shall only be issued by Member States;

shall each be assigned a unique number, except for endorsements attesting the issue of a certificate of competency, which may be assigned the same number as the certificate of competency concerned, provided that that number is unique;

shall each expire as soon as the endorsed certificate of competency or certificate of proficiency issued to masters and officers in accordance with Regulations V/1-1 and V/1-2 of the Annex to the STCW Convention 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.

of their identity;

that their age is not less than that prescribed in the Regulations listed in Annex I relevant to the certificate of competency or certificate of proficiency applied for;

that they meet the standards of medical fitness, specified in Section A-I/9 of the STCW Code;

that they have completed the seagoing service and any related compulsory training prescribed in the Regulations listed in Annex I for the certificate of competency or certificate of proficiency applied for;

that they meet the standards of competence prescribed in the Regulations listed in Annex I for the capacities, functions and levels that are to be identified in the endorsement of the certificate of competency.

to maintain a register or registers of all certificates of competency and certificates of proficiency and endorsements for masters and officers and, where applicable, ratings, which are issued, have expired or have been revalidated, suspended, cancelled or reported as lost or destroyed, as well as of dispensations issued;

to make available information on the status of certificates of competency, 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 of competency and/or certificates issued to masters and officers in accordance with Regulations V/1-1 and V/1-2 of Annex I produced to them by seafarers seeking recognition, under Regulation I/10 of the STCW Convention, or employment on board ship.

meet the principles governing near-coastal voyages specified in Section A-I/3 of the STCW Code;

incorporate the near-coastal voyage limits in the endorsements issued pursuant to Article 4.

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

a master has allowed any function or service in any capacity which under this Directive must be performed by a person holding an appropriate certificate to be performed by a person not holding the required certificate, a valid dispensation or having the documentary proof required by Article 20(7); or

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

all training, assessment of competence, certification, including medical certification, endorsement and revalidation activities carried out by non-governmental agencies or entities under their 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, in accordance with Section A-I/8 of the STCW Code;

where governmental agencies or entities perform such activities, there is a quality standards system in accordance with Section A-I/8 of the STCW Code;

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

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 the achievement of the defined objectives.

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

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

timely action is taken to correct deficiencies;

all applicable provisions of the STCW Convention and Code, including amendments, are covered by the quality standards system. Member States may also include within this system the other applicable provisions of this Directive.

be not less than 16 years of age;

provide satisfactory proof of their identity;

meet the applicable medical fitness standards established by the Member State concerned.

to meet the standards of medical fitness prescribed by Article 12;

to establish continued professional competence in accordance with Section A-I/11 of the STCW Code.

all mandatory simulator-based training;

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

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

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

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

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

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

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

seafarers assigned to any of its ships have received refresher and updating training as required by the STCW Convention;

at all times on board its ships there shall be effective oral communication in accordance with Chapter V, Regulation 14, paragraphs 3 and 4, of SOLAS 74, as amended.

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

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.

establish and enforce rest periods for watchkeeping personnel and those whose duties involve designated safety, security and prevention of pollution duties in accordance with paragraphs 3 to 13;

require that watch systems are arranged in such a way that the efficiency of watchkeeping personnel is not impaired by fatigue, and that duties are organised in such a way that the first watch at the start of a voyage and subsequent relieving watches are sufficiently rested and otherwise fit for duty.

a minimum of 10 hours of rest in any 24-hour period; and

77 hours in any seven-day period.

give the training referred to in Article 3;

organise and/or supervise the examinations where required;

issue the certificates referred to in Article 4;

grant the dispensations provided for in Article 17.

all training and assessment of seafarers is:

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

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

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

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

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

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 11; such qualification, experience and application of quality standards shall incorporate appropriate training in instructional techniques and training and assessment methods and practice and comply with all applicable requirements of points (d), (e) and (f) of this paragraph.

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

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

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

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

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:

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

there are adequate means for communication between the ship and the shore-based authorities; such communications shall be conducted in accordance with Chapter V, Regulation 14, paragraph 4, of SOLAS 74;

when carrying out port State control under Directive 2009/16/EC, Member States also check that ships flying the flag of a State other than a Member State comply with this Article.

performance data by the port State control pursuant to Article 24;

the number of endorsements attesting recognition in relation to certificates of competency, or certificates of proficiency issued in accordance with Regulations V/1-1 and V/1-2 of the STCW Convention, issued by the third country;

the number of maritime education and training institutions accredited by the third country;

the number of seafarers’ training and professional development programmes approved by the third country;

the date of the Commission’s last assessment of the third country and the number of deficiencies in critical processes identified during that assessment;

any significant change in the maritime training and certification system of the third country;

the overall numbers of seafarers certified by the third country, serving on ships flying the flags of Member States and the level of training and qualifications of those seafarers;

information concerning education and training standards in the third country provided by any concerned authorities or other stakeholders, if available.

verification that every seafarer serving on board who is required to hold a certificate of competency and/or a certificate of proficiency in accordance with the STCW Convention holds such a certificate of competency or a valid dispensation and/or certificate of proficiency, or provides documentary proof that an application for an endorsement attesting recognition of a certificate of competency has been submitted to the authorities of the flag State;

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

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

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

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

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

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

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

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

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

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

absence in a watch of a person qualified to operate equipment essential to safe navigation, safety radio communications or the prevention of marine pollution;

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

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

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 specified in Part A, Chapters II, III and IV of the STCW Code.

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:

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:

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:

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.

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:

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 near-coastal voyages shall:

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.

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 certified 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.

1.

Every able seafarer deck serving on a seagoing ship of 500 gross tonnage or more shall be duly certified.

2.

Every candidate for certification shall:

3.

Every Member State shall compare the standards of competence which it required of able seafarers 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 whether there is a need to require those personnel to update their qualifications.

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:

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:

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:

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.

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 certified 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.

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 certified.

2.

Every candidate for certification shall:

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 whether there is a need to require those personnel to update their qualifications.

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:

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 whether there is a need to require those personnel to update their qualifications.

4.

Notwithstanding the requirements of points 1, 2 and 3, a suitably qualified person may be considered by a Member State to be able to perform certain functions of Section A-III/6.

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 certified.

2.

Every candidate for certification shall:

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 whether there is a need to require those personnel to update their qualifications.

4.

Notwithstanding the requirements of points 1, 2 and 3, a suitably qualified person may be considered by a Member State to be able to perform certain functions of Section A-III/7.

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 SOLAS 74, as amended.

2.

Radio operators on ships not required to comply with the provisions of the GMDSS in Chapter IV of SOLAS 74 are not required to meet the provisions of this Chapter. Radio operators on those 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.

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 SOLAS 74, as amended, to have a radio installation shall:

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 the provisions of Section A-VI/1 of the STCW Code and shall have completed:

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:

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:

7.

Member States shall ensure that a certificate of proficiency is issued to seafarers who are qualified in accordance with point 2, 4 or 6 as appropriate, or that an existing certificate of competency or certificate of proficiency is duly endorsed.

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 the provisions of Section A-VI/1 of the STCW Code and shall have completed:

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:

5.

Member States shall ensure that a certificate of proficiency is issued to seafarers who are qualified in accordance with point 2 or 4 as appropriate, or that an existing certificate of competency or certificate of proficiency is duly endorsed.

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.

Before being assigned shipboard duties, all persons serving on a passenger ship shall meet the requirements of Section A-VI/1, paragraph 1, of the STCW Code.

3.

Masters, officers, ratings and other personnel serving on board passenger ships shall complete the training and familiarisation required by points 5 to 9, in accordance with their capacity, duties and responsibilities.

4.

Masters, officers, ratings and other personnel who are required to be trained in accordance with points 7, 8 and 9 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.

5.

Personnel serving on board passenger ships shall complete passenger ship emergency familiarisation appropriate to their capacity, duties and responsibilities as specified in Section A-V/2, paragraph 1, of the STCW Code.

6.

Personnel providing direct service to passengers in passenger spaces on board passenger ships shall complete the safety training specified in Section A-V/2, paragraph 2, of the STCW Code.

7.

Masters, officers, ratings qualified in accordance with Chapters II, III and VII of this Annex and other personnel designated on the muster list to assist passengers in emergency situations on board passenger ships, shall complete passenger ship crowd management training as specified in Section A-V/2, paragraph 3, of the STCW Code.

8.

Masters, chief engineer officers, chief mates, second engineer officers and any person designated on the muster list as having responsibility for the safety of passengers in emergency situations on board passenger ships shall complete approved training in crisis management and human behaviour as specified in Section A-V/2, paragraph 4, of the STCW Code.

9.

Masters, chief engineer officers, chief mates, second engineer officers and every person assigned immediate responsibility for embarking and disembarking passengers, for loading, discharging or securing cargo, or for closing hull openings on board ro-ro passenger ships, shall complete approved training in passenger safety, cargo safety and hull integrity as specified in Section A-V/2, paragraph 5, of the STCW Code.

10.

Member States shall ensure that documentary evidence of the training which has been completed is issued to every person found qualified in accordance with points 6 to 9.

1.

This Regulation applies to masters, officers and ratings and other personnel serving on board ships subject to the IGF Code.

2.

Prior to being assigned shipboard duties on board ships subject to the IGF Code, seafarers shall have completed the training required by points 4 to 9 in accordance with their capacity, duties and responsibilities.

3.

All seafarers serving on board ships subject to the IGF Code shall, prior to being assigned shipboard duties, receive appropriate ship and equipment-specific familiarisation as specified in Article 15(1), point (d), of this Directive.

4.

Seafarers responsible for designated safety duties associated with the care and use of, or in emergency response to, the fuel on board ships subject to the IGF Code shall hold a certificate in basic training for service on ships subject to the IGF Code.

5.

Every candidate for a certificate in basic training for service on ships subject to the IGF Code shall have completed basic training in accordance with the provisions of Section A-V/3, paragraph 1, of the STCW Code.

6.

Seafarers responsible for designated safety duties associated with the care and use of, or in emergency response to, the fuel on board ships subject to the IGF Code who have qualified and been certified in accordance with Regulation V/1-2, paragraphs 2 and 5, or Regulation V/1-2, paragraphs 4 and 5, on liquefied gas tankers, shall be considered to have met the requirements specified in Section A-V/3, paragraph 1, of the STCW Code for basic training for service on ships subject to the IGF Code.

7.

Masters, engineer officers and all personnel with immediate responsibility for the care and use of fuels and fuel systems on ships subject to the IGF Code shall hold a certificate in advanced training for service on ships subject to the IGF Code.

8.

Every candidate for a certificate in advanced training for service on ships subject to the IGF Code shall, while holding the certificate of proficiency described in point 4, have:

9.

Masters, engineer officers and any person with immediate responsibility for the care and use of fuels on ships subject to the IGF Code who have qualified and been certified in accordance with the standards of competence specified in Section A-V/1-2, paragraph 2, of the STCW Code for service on liquefied gas tankers shall be considered to have met the requirements specified in Section A-V/3, paragraph 2, of the STCW Code for advanced training for ships subject to the IGF Code, provided they have also:

10.

Member States shall ensure that a certificate of proficiency is issued to seafarers who are qualified in accordance with point 4 or 7, as appropriate.

11.

Seafarers holding certificates of proficiency in accordance with point 4 or 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.

1.

Masters, chief mates and officers in charge of a navigational watch on ships operating in polar waters shall hold a certificate in basic training for ships operating in polar waters, as required by the Polar Code.

2.

Every candidate for a certificate in basic training for ships operating in polar waters shall have completed approved basic training for ships operating in polar waters and meet the standard of competence specified in Section A-V/4, paragraph 1, of the STCW Code.

3.

Masters and chief mates on ships operating in polar waters shall hold a certificate in advanced training for ships operating in polar waters, as required by the Polar Code.

4.

Every candidate for a certificate in advanced training for ships operating in polar waters shall:

5.

Member States shall ensure that a certificate of proficiency is issued to seafarers who are qualified in accordance with point 2 or 4, as appropriate.

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.

1.

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

2.

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

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.

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.

1.

Every candidate for a certificate of proficiency as ship security officer shall:

2.

Member States shall ensure that every person found qualified under the provisions of this Regulation is issued with a certificate of proficiency.

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 a course in security awareness training.

3.

Seafarers with designated security duties shall meet the standard of competence specified in Section A-VI/6, paragraphs 6, 7 and 8, of the STCW Code.

4.

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.

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 referred to 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.

1.

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

2.

The principle of interchangeability in point 1 shall ensure that:

3.

In issuing any certificate under this Chapter, the following principles shall be taken into account:

4.

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

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, has confirmed, through an evaluation of that Party, which may include the 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.

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 in accordance with the provisions of Section A-I/6 of the STCW Code.

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 and for all endorsements attesting the recognition of certificates of competency issued by other countries shall be provided and where marked (*) that provision shall be in an anonymised form as required by Article 27(3) of this Directive:

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: