1994/58 The minimum level of training of seafarers (1998/35/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 84 (2) thereof,

Having regard to the proposal from the Commission (1),

Having regard to the opinion of the Economic and Social Committee (2),

Acting in accordance with the procedure referred to in Article 189c of the Treaty (3),

Whereas in its conclusions of 25 January 1993 on maritime safety and pollution prevention in the Community, the Council noted the importance of the human element in the safe operation of ships;

Whereas in its resolution of 8 June 1993 on a common policy on safe seas (4), the Council set the objective of removing substandard crews and gave priority to Community action aiming at enhancing training and education by developing common standards for minimum training levels of key personnel, including the question of a common language on board Community vessels;

Whereas the standards of training for the award of vocational competency certificates to seafarers vary from one Member State to another; whereas such a diversity of national laws in the area of training covered by this Directive does not ensure the consistent level of training required in the interests of maritime safety;

Whereas Council Directive 89/48/EEC (5) and 92/51/EEC (6) on the general systems for the recognition of professional education and training apply to maritime occupations covered by this Directive; whereas they will help promote compliance with the obligations laid down in the Treaty abolishing obstacles to the free movement of persons and services between Member States;

Whereas the mutual recognition of diplomas and certificates provided for under the general systems Directives does not always ensure a standardized level of training for all seafarers serving on board vessels flying the flag of a Member State including ships registered in Euros once that register is approved by the Council; whereas this is, however, vital from the viewpoint of maritime safety;

Whereas it is therefore essential to define a minimum level of training for seafarers in the Community; whereas it is appropriate that the action in this field should be based on the standards of training already agreed at international level, namely the IMO Convention on Standards of Training, certification and Watchkeeping for Seafarers, 1978, (STCW Convention); whereas all Member States are parties to that Convention;

Whereas the amendment to STCW of 22 May 1991 (Resolution MSC 21 (59)) introduces the function of radio operator in order to conform to the GMDSS-requirements;

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

Whereas personnel on board passenger ships nominated to assist passengers in emergency situations should be able to communicate with the passengers; whereas in this context, all relevant provisions of IMO Resolution A.770 (18) on minimum training requirements for personnel nominated to assist passengers in emergency situations on passenger ships should be taken into account;

Whereas crews serving on board tankers carrying noxious or polluting cargo should be capable of coping efficiently with accident prevention and emergency situations; whereas it is paramount that a proper communication link between the master, officers and ratings is established, covering the requirements provided for in Article 8;

Whereas Article 8 (3) is necessitated by the fact that the relevant standards, to be established through an amendment to the 1978 STCW Convention, have not yet been agreed in the IMO;

Whereas measures should be taken to ensure that seafarers holding certificates issued by third countries have a level of competence commensurate with that required by the STCW Convention;

Whereas in order to attain this objective, common criteria should be defined for the recognition of foreign certificates in the Community; whereas for this purpose, the Council should decide on the common criteria acting in accordance with the conditions of the Treaty;

Whereas a committee should be established to assist the Commission in carrying out the tasks related to the exercise of the recognition of certificates issued by training institutes or administrations of third countries;

Whereas measures should be taken for allowing seafarers serving on board ships flying the flag of a Member State, including ships registered in Euros once that register is approved by the Council, and holding certificates not issued according to this Directive, to continue their work during a transitional period up to and beyond the adoption of the common criteria;

Whereas Member States, as port authorities, are required to enhance safety and prevention of pollution in Community waters through priority inspection of vessels flying the flag of a third country which has not ratified the STCW Convention, or which have crews holding certificates which have not been recognized under the provisions of this Directive, thereby ensuring no more favourable treatment to vessels flying the flag of a third State;

Whereas it is necessary to provide for procedures for adapting the Directive to changes in international conventions and codes,

---

(1) OJ No C 212, 5. 8. 1993, p. 1.

(2) OJ No C 34, 2. 2. 1994, p. 10.

(3) Opinion of the European Parliament of 9 March 1993 (OJ No C 91, 28. 3. 1994, p. 120), Council common position of 19 September 1994 (OJ No C 301, 27. 10. 1994, p. 41) and Decision of the European Parliament of 16 November 1994 (not yet published in the Official Journal).

(4) OJ No C 271, 7. 10. 1993, p. 1

(5) OJ No L 19, 24. 1. 1989, p. 16

(6) OJ No L 209, 24. 7. 1992, p. 25

Ingangsdatum: 01-01-1996

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 84 (2) thereof,

Having regard to the proposal from the Commission (1),

Having regard to the opinion of the Economic and Social Committee (2),

Acting in accordance with the procedure referred to in Article 189c of the Treaty (3),

Whereas in its conclusions of 25 January 1993 on maritime safety and pollution prevention in the Community, the Council noted the importance of the human element in the safe operation of ships;

Whereas in its resolution of 8 June 1993 on a common policy on safe seas (4), the Council set the objective of removing substandard crews and gave priority to Community action aiming at enhancing training and education by developing common standards for minimum training levels of key personnel, including the question of a common language on board Community vessels;

Whereas the standards of training for the award of vocational competency certificates to seafarers vary from one Member State to another; whereas such a diversity of national laws in the area of training covered by this Directive does not ensure the consistent level of training required in the interests of maritime safety;

Whereas Council Directive 89/48/EEC (5) and 92/51/EEC (6) on the general systems for the recognition of professional education and training apply to maritime occupations covered by this Directive; whereas they will help promote compliance with the obligations laid down in the Treaty abolishing obstacles to the free movement of persons and services between Member States;

Whereas the mutual recognition of diplomas and certificates provided for under the general systems Directives does not always ensure a standardized level of training for all seafarers serving on board vessels flying the flag of a Member State including ships registered in Euros once that register is approved by the Council; whereas this is, however, vital from the viewpoint of maritime safety;

Whereas it is therefore essential to define a minimum level of training for seafarers in the Community; whereas it is appropriate that the action in this field should be based on the standards of training already agreed at international level, namely the IMO Convention on Standards of Training, certification and Watchkeeping for Seafarers, 1978, (STCW Convention); whereas all Member States are parties to that Convention;

Whereas the amendment to STCW of 22 May 1991 (Resolution MSC 21 (59)) introduces the function of radio operator in order to conform to the GMDSS-requirements;

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

Whereas personnel on board passenger ships nominated to assist passengers in emergency situations should be able to communicate with the passengers; whereas in this context, all relevant provisions of IMO Resolution A.770 (18) on minimum training requirements for personnel nominated to assist passengers in emergency situations on passenger ships should be taken into account;

Whereas crews serving on board tankers carrying noxious or polluting cargo should be capable of coping efficiently with accident prevention and emergency situations; whereas it is paramount that a proper communication link between the master, officers and ratings is established, covering the requirements provided for in Article 8;

Whereas Article 8 (3) is necessitated by the fact that the relevant standards, to be established through an amendment to the 1978 STCW Convention, have not yet been agreed in the IMO;

Whereas measures should be taken to ensure that seafarers holding certificates issued by third countries have a level of competence commensurate with that required by the STCW Convention;

Whereas in order to attain this objective, common criteria should be defined for the recognition of foreign certificates in the Community; whereas for this purpose, the Council should decide on the common criteria acting in accordance with the conditions of the Treaty;

Whereas a committee should be established to assist the Commission in carrying out the tasks related to the exercise of the recognition of certificates issued by training institutes or administrations of third countries;

Whereas measures should be taken for allowing seafarers serving on board ships flying the flag of a Member State, including ships registered in Euros once that register is approved by the Council, and holding certificates not issued according to this Directive, to continue their work during a transitional period up to and beyond the adoption of the common criteria;

Whereas Member States, as port authorities, are required to enhance safety and prevention of pollution in Community waters through priority inspection of vessels flying the flag of a third country which has not ratified the STCW Convention, or which have crews holding certificates which have not been recognized under the provisions of this Directive, thereby ensuring no more favourable treatment to vessels flying the flag of a third State;

Whereas it is necessary to provide for procedures for adapting the Directive to changes in international conventions and codes,

---

(1) OJ No C 212, 5. 8. 1993, p. 1.

(2) OJ No C 34, 2. 2. 1994, p. 10.

(3) Opinion of the European Parliament of 9 March 1993 (OJ No C 91, 28. 3. 1994, p. 120), Council common position of 19 September 1994 (OJ No C 301, 27. 10. 1994, p. 41) and Decision of the European Parliament of 16 November 1994 (not yet published in the Official Journal).

(4) OJ No C 271, 7. 10. 1993, p. 1

(5) OJ No L 19, 24. 1. 1989, p. 16

(6) OJ No L 209, 24. 7. 1992, p. 25

01 Article

Ingangsdatum: 01-01-1996

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

- 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.

02 Article

Member States shall take the measures necessary to ensure that masters, officers, ratings forming part of the navigational watch or the engine room watch and lifeboatmen, serving on a ship referred to in Article 1, are trained as a minimum in compliance with the requirements of the STCW Convention, as laid down in the Annex to this Directive, and hold a certificate as defined in Article 3.

Ingangsdatum: 01-07-1999

1. Member States shall take the measures necessary to ensure that seafarers serving on ships as defined in Article 1 are trained as a minimum in accordance with the requirements of the STCW Convention, as laid down in Annex I to this Directive, and hold certificates as defined in Article 3 or appropriate certificates as defined in Article 4(aa).

2. Member States shall take the measures necessary to ensure that those crew members that must be certified in accordance with Regulation III/10.4 of the International Convention on the Safety of Life at Sea (SOLAS Convention) are trained and certificated in accordance with this Directive.

03 Article

Ingangsdatum: 01-01-1996

A certificate shall be a valid document by whatever name it may be known, issued by or under the authority of the competent authority of a Member State, authorizing the holder to serve as stated in that document or as authorized by national regulations.

03a Article Certificates and endorsements

Ingangsdatum: 17-06-1998

1. Certificates shall be issued in accordance with Article 5d.

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

3. Certificates shall be in the official language or languages of the issuing Member State.

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

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

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

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

6. A Member State which recognises a certificate under the procedure laid down in Article 9(3)(a) shall endorse that certificate to attest its recognition. The form of the endorsement used shall be that set out in paragraph 3 of section A-I/2 of the STCW Code.

7. The endorsements referred to in paragraphs 5 and 6:

(1) may be issued as separate documents;

(2) shall each be assigned a unique number, except that endorsements attesting the issue of a certificate may be assigned the same number as the certificate concerned, provided that that number is unique; and

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

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

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

10. Subject to Article 9(4) any certificate required by the Directive must be kept available in its original form on board the ship on which the holder is serving.

04 Article

For the purpose of this Directive:

(a) 'master` means the person having command of a ship;

(b) '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;

(c) 'deck officer` means a qualified officer in the deck department;

(d) 'chief mate` means the deck officer next in rank to the master and upon whom the command of a ship will fall in the event of the incapacity of the master;

(e) 'engineer officer` means a qualified officer in the engine department;

(f) 'chief engineer officer` means the senior engineer officer responsible for the mechanical propulsion of the ship;

(g) 'second engineer officer` means the engineer officer next in rank to the chief engineer officer and upon whom the responsibility for the mechanical propulsion of the ship will fall in the event of the incapacity of the chief engineer officer;

(h) 'assistant engineer officer` means a person under training to become an engineer officer and designated as such by national law or regulations;

(i) 'radio operator` means a person holding an appropriate certificate related to the global maritime distress and safety system issued or recognized by the competent authority or body designated by a Member State under the provisions of the Radio Regulations;

(j) 'rating` means a member of the ship's crew other than the master or an officer;

(k) 'lifeboatman` means a Member of the ship's crew holding a certificate of proficiency in survival craft and rescue boats issued as a separate document or as included in his certificate of competency;

(l) 'sea-going 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;

(m) '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, including ships registered in Euros once that Register is approved by the Council. Ships not corresponding to this definition are assimilated to ships flying the flag of a third country;

(n) 'near-coastal voyages` means voyages in the vicinity of a Member State as defined by that Member State;

(o) 'propulsion power` means the power in kilowatts which appears on a ship's Certificate of Registry or other official document;

(p) 'oil tanker` means a ship constructed and used for the carriage of petroleum and petroleum products in bulk;

(q) 'chemical tanker` means a ship constructed and used for the carriage in bulk of any liquid chemical listed in the 'Code for the Construction and Equipment of Ships carrying Dangerous Chemicals in Bulk` as it is in force at the time of adoption of this Directive;

(r) 'liquefied gas tanker` means a ship constructed and used for the carriage in bulk of any liquefied gas listed in the 'Code for the Construction and Equipment of Ships carrying Liquefied Gases in Bulk` as it is in force at the time of adoption of this Directive;

(s) 'Radio Regulations` means the revised radio regulations, adopted by the World Administrative Radio Conference for the Mobile Service;

(t) 'passenger ship` means a sea-going ship which carries more than 12 passengers;

(u) 'fishing vessel` means a vessel used for catching fish, whales, seals, walrus or other living resources of the sea;

(v) 'STCW Convention` means the IMO International Convention on Standards of Training Certification and Watchkeeping for Seafarers, 1978, as it is in force at the time of adoption of this Directive.

Ingangsdatum: 01-07-1999

For the purposes of this Directive:

(a) "master" shall mean the person having command of a ship;

(b) "officer" shall mean a member of the crew, other than the master, designated as such by national law or regulations or, in the absence of such designation, by collective agreement or custom;

(c) "deck officer" shall mean an officer qualified in accordance with the provisions of Chapter II of Annex I;

(d) "chief mate" shall mean the officer next in rank to the master upon whom the command of the ship will fall in the event of the incapacity of the master;

(e) "engineer officer" shall mean an officer qualified in accordance with the provisions of Chapter III of Annex I;

(f) "chief engineer officer" shall mean the senior engineer officer responsible for the mechanical propulsion and the operation and maintenance of the mechanical and electrical installations of the ship;

(g) "second engineer officer" shall mean the engineer officer next in rank to the chief engineer officer upon whom the responsibility for the mechanical propulsion and the operation and maintenance of the mechanical and electrical installations of the ship will fall in the event of the incapacity of the chief engineer officer;

(h) "assistant engineer officer" shall mean a person under training to become an engineer officer and designated as such by national law or regulations;

(i) "radio operator" shall mean a person holding an appropriate certificate issued or recognised by the competent authorities under the provisions of the Radio Regulations;

(j) "rating" shall mean a member of the ship's crew other than the master or an officer;

(k) "seagoing ship" shall mean a ship other than those which navigate exclusively in inland waters or in waters within, or closely adjacent to, sheltered waters or areas where port regulations apply;

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

(m) "near-coastal voyages" shall mean voyages in the vicinity of a Member State as defined by that Member State;

(n) "propulsion power" shall mean the total maximum continuous rated output power in kilowatts of all of a ship's main propulsion machinery which appears on the ship's certificate of registry or other official document;

(o) "oil tanker" shall mean a ship constructed and used for the carriage of petroleum and petroleum products in bulk;

(p) "chemical tanker" shall mean a ship constructed or adapted and used for the carriage in bulk of any liquid product listed in Chapter 17 of the International Bulk Chemical Code as in force at the time of the adoption of this Directive;

(q) "liquefied-gas tanker" shall mean a ship constructed or adapted and used for the carriage in bulk of any liquefied gas or other product listed in Chapter 19 of the International Gas Carrier Code as in force at the time of the adoption of this Directive;

(r) "Radio Regulations" shall mean the revised radio regulations, adopted by the World Administrative Radio Conference for the Mobile Service as in force at the time of the adoption of this Directive;

(s) "passenger ship" shall mean a seagoing ship which carries more than 12 passengers;

(t) "fishing vessel" shall mean a vessel used for catching fish or other living resources of the sea;

(u) "STCW Convention" shall mean the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers as it applies to the matters concerned taking into account the transitional provisions of Article VII and Regulation I/15 of the Convention and including, where appropriate, the applicable provisions of the STCW Code, all being applied as in force at the time of the adoption of this Directive;

(v) "radio duties" shall include, as appropriate, watchkeeping and technical maintenance and repairs conducted in accordance with the Radio Regulations, the International Convention for the Safety of Life at Sea (1974) (SOLAS) as in force at the time of the adoption of this Directive and, at the discretion of each Member State, the relevant recommendations of the International Maritime Organisation (IMO);

(w) "ro-ro passenger ship" shall mean a passenger ship with ro-ro cargo spaces or special-category spaces as defined in the SOLAS Convention;

(x) "STCW Code" shall mean the Seafarers' Training, Certification and Watchkeeping (STCW) Code as adopted by Resolution 2 of the 1995 STCW Conference of Parties, as in force at the time of the adoption of this Directive;

(y) "function" shall mean a group of tasks, duties and responsibilities, as specified in the STCW Code, necessary for ship operation, safety of life at sea or protection of the marine environment;

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

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

(ab) "seagoing service" shall mean service on board a ship relevant to the issue of a certificate or other qualification;

(ac) "approved" shall mean approved by a Member State in accordance with this Directive;

(ad) "third country" shall mean any country which is not a Member State;

(ae) "month" shall mean a calendar month or 30 days made up of periods of less than one month.`;

05 Article

Ingangsdatum: 01-01-1996

The training required by Article 2 shall be in a form appropriate to the theoretical knowledge and practical skills required by the Annex to this Directive, in particular the use of life saving and firefighting equipment, and approved by the competent authority or body designated by each Member State.

05a Article Principles governing near-coastal voyages

Ingangsdatum: 17-06-1998

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

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

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

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

05b Article Penalties or disciplinary measures

Ingangsdatum: 17-06-1998

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

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

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

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

(2) a master has allowed any function or service in any capacity which under the 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 9(4); or

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

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

05c Article Quality standards

Ingangsdatum: 17-06-1998

1. Each Member State shall ensure that:

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

(2) where governmental agencies or entities perform such activities, there shall be a quality-standards system;

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

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

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

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

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

(3) timely action is taken to correct deficiencies.

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

05d Article Medical standards - Issue and registration of certificates

Ingangsdatum: 17-06-1998

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

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

3. Each candidate for certification shall provide satisfactory proof:

(1) of his identity;

(2) that his age is not less than that prescribed in the regulations in Annex I relevant to the certificate applied for;

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

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

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

4. Each Member State shall undertake:

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

(2) to make available information on the status of such certificates, endorsements and dispensations to other Member States or other parties to the Convention and companies which request verification of the authenticity and validity of certificates produced to them by seafarers seeking recognition of their certificates or employment on board ship.

05e Article Revalidation of certificates

Ingangsdatum: 17-06-1998

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

(1) to meet the standards of medical fitness prescribed by Article 5d; and

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

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

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

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

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

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

05f Article Use of simulators

Ingangsdatum: 17-06-1998

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

(1) all mandatory simulator-based training;

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

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

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

05g Article Responsibilities of companies

Ingangsdatum: 17-06-1998

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

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

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

(3) 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;

(4) 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;

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

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

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

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

1.1. the specific equipment the seafarer will be using or operating; and

1.2. ship-specific watchkeeping, safety, environmental protection and emergency procedures and arrangements the seafarer needs to know to perform the assigned duties properly; (2) 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.

05h Article Fitness for duty

Ingangsdatum: 17-06-1998

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

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

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

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

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

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

06 Article

Ingangsdatum: 01-01-1996

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

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

07 Article

Member States shall designate the authorities or bodies which shall:

- give the training referred to in Article 5,

- organize and/or supervise the examinations where required. The Member State shall ensure that all examiners are properly qualified,

- issue the certificate of competence,

- grant the dispensations provided for in Article 6.

Ingangsdatum: 01-07-1999

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

- give the training referred to in Article 5,

- organise and/or supervise the examinations where required,

- issue the certificates of competence referred to in Article 5d, and

- grant the dispensations provided for in Article 6.

2. Member States shall ensure that:

Training and assessment

(a) all training and assessment of seafarers is:

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

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

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

Qualifications of instructors, supervisors and assessors

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

In-service training

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

(1) has an appreciation of the training programme and an understanding of the specific training objectives for the particular type of training being conducted,

(2) is qualified in the task for which training is being conducted, and

(3) if conducting training using a simulator:

3.1. has received appropriate guidance in instructional techniques involving the use of simulators, and

3.2. has gained practical operational experience on the particular type of simulator being used; (e) any person responsible for the supervision of the in-service training of a seafarer intended to be used in qualifying for certification has a full understanding of the training programme and the specific objectives for each type of training being conducted;

Assessment of competence

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

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

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

(3) has received appropriate guidance in assessment methods and practice;

(4) has gained practical assessment experience; and

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

Training and assessment within an institution

(g) when a Member State recognises a course of training, a training institution, or a qualification granted by a training institution, as part of its requirements for the issue of a certificate, the qualifications and experience of instructors and assessors are covered in the application of the quality standard provisions of Article 5e. Such qualification, experience and application of quality standards shall incorporate appropriate training in instructional techniques and training and assessment methods and practice and comply with all applicable requirements of paragraphs (d) to (f).;

08 Article

Member States shall ensure that:

1. on board all ships flying the flag of a Member State and on all passenger ships starting and/or finishing a voyage in a Member State port, there are at any time means in place for effective oral communication related to the safety between all members of the ship's company particularly with regard to the correct and timely reception and understanding of messages and instructions. Furthermore, there should be adequate means for communication between the ship and the shore-based authorities, either in a common language or in the language of those authorities;

2. 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 criteria:

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

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

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

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

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

3. 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). Furthermore, there should be adequate means for communication between the ship and the shore-based authorities either in a common language or in the language of those authorities;

4. when carrying out a ship inspection in their capacity of State of the port, Member States shall check that ships flying the flag of a State other than a Member State also comply with this Article.

Ingangsdatum: 01-07-1999

Member States shall ensure that:

(1) without prejudice to paragraphs 2 and 4, 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;

(2) 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, 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;

(3) 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:

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

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

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

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

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

(4) 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);

(5) there are adequate means for communication between the ship and the shore-based authorities, either in a common language or in the language of those authorities;

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

09 Article

Ingangsdatum: 01-01-1996

1. Mutual recognition among Member States of certificates referred to in Article 3 held by seafarers who are nationals of Member States shall be subject to the provisions of Directives 89/48/EEC and 92/51/EEC.

2. Mutual recognition among Member States of certificates referred to in Article 3 held by seafarers who are not nationals of Member States shall also be subject to the provisions of Directives 89/48/EEC and 92/51/EEC.

3. Seafarers who do not possess the certificate provided for in Article 3, may be allowed to serve on ships flying the flag of a Member State provided a decision on the recognition of their type of certificate has been adopted through the procedure set out below:

(a) A set of criteria for the recognition of types of certificates issued by institutes or administrations will be defined by the Council before 1 July 1995, acting in accordance with the conditions of the Treaty.

(b) Member States shall notify the Commission and the other Member States of the types of certificates they have recognized or intend to recognize in compliance with the criteria mentioned under (a).

(c) If, within a period of three months following that notification, an objection is raised by a Member State or the Commission on the basis of the criteria referred to in (a), the matter shall be submitted by the Commission to the procedure in Article 13. The Member State concerned shall take the appropriate measures to implement the decisions taken in accordance with the procedure in that Article.

(d) The Commission shall draw up and update a list of the certificates notified by the Member States. The list shall be published in the Official Journal of the European Communities.

4. Seafarers who do not possess the certificates provided for in Article 3 but who are serving on a ship flying the flag of a Member State may be allowed to continue to serve on ships flying the flag of that Member State until two years after the common criteria provided for in paragraph 3 (a) have been fixed. After that date they shall possess either a type of certificate provided for in Article 3 or a type of certificate recognized in accordance with the procedure mentioned in paragraph 3 above.

10 Article

Member States shall take the measures necessary to ensure that ships flying the flag of a third country which has not ratified the STCW Convention, or which have a master, officers and ratings holding certificates which have not been recognized under the provisions of Article 9, are inspected, as a matter of priority, by the competent authority of the port State to check whether the level of vocational training and competence of their crews meet the standards laid down in the STCW Convention and in Article 8.

Ingangsdatum: 01-01-1996

Geldig tot en met: 30-06-1999

Member States shall take the measures necessary to ensure that ships flying the flag of a third country which has not ratified the STCW Convention, or which have a master, officers and ratings holding certificates which have not been recognized under the provisions of Article 9, are inspected, as a matter of priority, by the competent authority of the port State to check whether the level of vocational training and competence of their crews meet the standards laid down in the STCW Convention and in Article 8.

10 Article Port State control

Ingangsdatum: 01-07-1999

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

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

10a Article Port State control procedures

Ingangsdatum: 01-07-1999

1. Without prejudice to Directive 95/21/EC, port State control pursuant to Article 10 shall be limited to the following:

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

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

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

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

- there has been a discharge of substances from the ship when under way, at anchor or at berth which is illegal under any 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,

- 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.

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

11 Article

Member States shall take appropriate steps, including the possible detention of a ship, if the competent authorities of the port State discover in the course of an inspection that crews are unable to provide proof of professional proficiency for the duties assigned to them for the safety of the ship and the prevention of pollution.

Ingangsdatum: 01-01-1996

Geldig tot en met: 30-06-1999

Member States shall take appropriate steps, including the possible detention of a ship, if the competent authorities of the port State discover in the course of an inspection that crews are unable to provide proof of professional proficiency for the duties assigned to them for the safety of the ship and the prevention of pollution.

11 Article Detention

Ingangsdatum: 01-07-1999

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

- 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 radiocommunications 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.

12 Article

1. This Directive may be amended in accordance with the procedure laid down in Article 13, in order to apply, for the purposes of this Directive, subsequent amendments to the international codes referred to in Article 4 (q), (r) and (s) which have entered into force.

2. Following the adoption of new instruments or protocols to the STCW Convention referred to in Article 4 (v), the Council, acting on a proposal from the Commission, shall decide, taking into account the Member States' parliamentary procedures, as well as the relevant procedures within IMO on the detailed arrangements for ratifying those new instruments or protocols, while ensuring that they are applied uniformly and simultaneously in the Member States.

Ingangsdatum: 01-07-1999

1. This Directive may be amended in accordance with the procedure laid down in Article 13, in order to apply, for the purposes of this Directive, subsequent amendments to the international codes referred to in Article 4 (p), (q), (r), (w) and (x) which have entered into force.

1a. The Council shall decide, in accordance with the conditions of the Treaty, on any amendment of Annex II, acting on a proposal to be submitted by the Commission within five years of the adoption of the amending Directive 98/35/EC (*) in the light of the experience gained in applying this Directive; _______
(*) OJ L 172, 17.6.1998, p. 1.

2. Following the adoption of new instruments or protocols to the STCW Convention referred to in Article 4 (u), the Council, acting on a proposal from the Commission, shall decide, taking into account the Member States' parliamentary procedures, as well as the relevant procedures within IMO on the detailed arrangements for ratifying those new instruments or protocols, while ensuring that they are applied uniformly and simultaneously in the Member States.

13 Article

Ingangsdatum: 01-01-1996

1. The Commission shall be assisted by a committee composed of representatives of the Member States and chaired by the representative of the Commission.

2. The representative of the Commission shall submit to the committee a draft of the measures to be taken. The committee shall deliver its opinion on the draft within a time limit which the chairman may lay down according to the urgency of the matter. The opinion shall be delivered by the majority laid down in Article 148 (2) of the Treaty in the case of decisions which the Council is required to adopt on a proposal from the Commission. The votes of the representatives of the Member States within the committee shall be weighted in the manner set out in that Article. The chairman shall not vote.

3. (a) The Commission shall adopt the measures envisaged if they are in accordance with the opinion of the committee.

(b) If the measures envisaged are not in accordance with the opinion of the committee, or if no opinion is delivered, the Commission shall, without delay, submit to the Council a proposal relating to the measures to be taken. The Council shall act by a qualified majority.

(c) If, on the expiry of eight weeks from the date of referral to the Council, the Council has not acted, the proposed measures shall be adopted by the Commission.

13a Article Transitional provisions

Ingangsdatum: 17-06-1998

1. Until 1 February 2002 Member States may continue to issue, recognise and endorse certificates in accordance with the provisions which applied before 1 February 1997 in respect of those seafarers who began approved seagoing service, approved education and training programmes or approved training courses before 1 August 1998.

2. Until 1 February 2002 Member States may continue to renew and revalidate certificates and endorsements in accordance with the provisions which applied before 1 February 1997.

3. Where pursuant to Article 5e a Member State reissues or extends the validity of certificates which it originally issued under the provisions which applied before 1 February 1997, the Member State may, at its discretion, replace tonnage limitations appearing on the original certificates as follows:

(1) "200 gross registered tonnes" may be replaced by "500 gross tonnage";

(2) "1 600 gross registered tonnes" may be replaced by "3 000 gross tonnage"

14 Article

Ingangsdatum: 01-01-1996

1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive no later than 31 December 1995.

2. When Member States adopt these provisions they shall contain a reference to this Directive or shall be announced by such reference at the time of their official publication. The methods of making such a reference shall be laid down by the Member States

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

15 Article

Ingangsdatum: 01-01-1996

This Directive is addressed to the Member States.


Done at Brussels, 22 November 1994.

For the Council

The President

M. WISSMANN

Annex II Procedures and criteria for the recognition of certificates issued by third countries and the approval of maritime training institutes and maritime education and training programmes and courses referred to in article 9 (3) (a)

Ingangsdatum: 01-07-1999

A Procedures and criteria relating to certificates

Ingangsdatum: 01-07-1999

A Member State may recognise and endorse appropriate certificates issued by third countries for service on board ships flying its flag only if the following conditions are fulfilled:

1. Appropriate certificates presented for recognition must have been issued by a Party to the STCW Convention.

2. (a) The third country that has issued an appropriate certificate must have been identified by the Maritime Safety Committee of the International Maritime Organisation as having demonstrated that full and complete effect is given to the provisions of the STCW Convention.

(b) The Member State must have confirmed, through all necessary measures, which may include the inspection of facilities and procedures, that the requirements concerning the standard of competence, the issue and endorsement of certificates and record keeping are fully complied with, and that a quality-standards system has been established pursuant to Regulation I/8 of the STCW Convention.

3. If the requirement of paragraph 2(a) has not been complied with because the Maritime Safety Committee of the IMO is still in the process of identifying the third country in question as having demonstrated that full and complete effect is given to the provisions of the STCW Convention, the following provisions must apply:

(a) the third country must communicate to the Member State and to the IMO:

(i) the texts of laws, decrees, orders, regulations and instruments relating to the implementation of the STCW Convention;

(ii) full details of the contents and duration of study courses, including a clear statement of the education, training, examination, competency assessment and certification policies adopted;

(iii) national examination and other requirements for each type of certificate issued in accordance with the STCW Convention;

(iv) a sufficient number of specimen certificates that comply with the STCW Convention;

(v) information on governmental organisation;

(vi) a concise explanation of the legal and administrative measures provided and taken to ensure compliance particularly concerning training and assessment and the issue and registration of certificates;

(vii) a concise outline of the procedures followed to authorise, accredit or approve training and examinations, and competency assessments required by the STCW Convention, the conditions attached thereto, and a list of the authorisations, accreditation and approvals granted;
(b) the Member State must compare the information communicated with all the relevant requirements of the STCW Convention to ensure that full and complete effect is given to the provisions of the STCW Convention;

(c) the Member State must have confirmed, through all necessary measures, which may include the inspection of facilities and procedures, that the requirements concerning the standard of competence, the issue and endorsement of certificates and record keeping are fully complied with, and that a quality-standards system has been established pursuant to Regulation I/8 of the STCW Convention;

(d) on the basis of statistical data on the main maritime labour supplying countries, a list containing the names of third countries where, in addition to the procedure referred to above, the inspection of maritime institutes or training programmes and courses is mandatory must be adopted and updated through the procedure laid down in Article 13. 4. When accrediting or approving maritime institutes or training programmes and courses Member States must apply the criteria laid down in Part B of this Annex in addition to either paragraph 2 or, as appropriate, paragraph 3.

5. The Member State must ensure that an undertaking is agreed 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.

6. A certificate presented for recognition must bear, be accompanied by, or incorporate in its wording a valid endorsement attesting its issue by the above Party.

7. Member States must introduce 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.

8. Certificates and endorsements issued by a Member State under the provisions of this Article in recognition of or attesting the recognition of a certificate issued by a third country must not be used as the basis for further recognition by another Member State.

B Criteria for the accreditation or approval of maritime training institutes and maritime education and training programmes and courses

Ingangsdatum: 01-07-1999

I. To obtain approval as a maritime training institute authorised to conduct education and training programmes and courses accepted by a Member State as meeting the requirements for service on board ships flying its flag, a maritime training institute must:

1. have appointed instructors who:

1.1. have an appreciation of the training programme and an understanding of the specific training objectives for the particular type of training to be conducted;

1.2. are qualified in the task for which the training is to be conducted;

1.3. if using a simulator:

1.3.1. have received appropriate guidance in instructional techniques involving the use of simulators, and

1.3.2. have gained practical operational experience on the particular type of simulator to be used; 2. have appointed training supervisors, appropriate to the approved training programmes and courses to be conducted at the institute, who have a full understanding of each approved training programme and course they are to supervise including its specific objectives;

3. have appointed assessors who have received appropriate training in assessment methods and practice and:

3.1. have an appropriate level of knowledge and understanding of the competence to be assessed,

3.2. are qualified in the task for which the assessment is to be made,

3.3. have received appropriate guidance in assessment methods and practice,

3.4. have gained practical assessment experience, and

3.5. if they are to conduct assessment involving the use of simulators, have gained practical assessment experience on the particular type of simulator that is to be employed, under the supervision and to the satisfaction of an experienced assessor; 4. maintain records of all certificates and diplomas issued to students who complete their maritime education or training at the institute, incorporating details of the education and training received and the relevant dates, together with their full names and dates and places of birth;

5. make available information on the status of such certificates and diplomas and on education and training as appropriate;

6. continuously monitor its training and assessment activities through a quality-standards system to ensure achievement of its defined objectives including those concerning the qualifications and experience of its instructors and assessors;

7. undergo evaluation at intervals of not more than five years, by suitably qualified persons who are not themselves involved in the training or assessment activities concerned, so as to verify that the administrative and operational procedures at all levels within the institute are managed, organised, undertaken, supervised and monitored internally in order to ensure their fitness for purpose and achievement of stated objectives.

II. To obtain approval as meeting the maritime education and training requirements for service on board ships flying the flag of a Member State, a training programme or course must:

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

2. be conducted, monitored, evaluated and supported by persons qualified in accordance with paragraphs I.1, I.2 and I.3.

Annex Training requirements of the STCW Convention, referred to in article 2 of the directive

Ingangsdatum: 01-01-1996

Geldig tot en met: 30-06-1999

Annex I Training requirements of the STCW Convention, referred to in article 2 of the directive

Ingangsdatum: 01-07-1999

Chapter I General provisions

Ingangsdatum: 01-07-1999

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:

(1) Navigation

(2) Cargo handling and stowage

(3) Controlling the operation of the ship and care for persons on board

(4) Marine engineering

(5) Electrical, electronic and control engineering

(6) Maintenance and repair

(7) Radiocommunications

at the following levels of responsibility:

(1) Management level

(2) Operational level

(3) Support level.

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

Chapter II Master and deck department

Ingangsdatum: 01-07-1999

Regulation II/1

Ingangsdatum: 01-07-1999

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

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

2. Every candidate for certification shall:

2.1. be not less than 18 years of age;

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

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

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

2.5. have completed approved education and training and meet the standard of competence specified in section A-II/1 of the STCW Code.

Regulation II/2

Ingangsdatum: 01-07-1999

Mandatory minimum requirements for certification of masters and chief mates on ships of 500 gross tonnage or more

Master and chief mate on ships of 3 000 gross tonnage or more

1. Every master and chief mate on a seagoing ship of 3 000 gross tonnage or more shall hold an appropriate certificate.

2. Every candidate for certification shall:

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

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

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

2.2. have completed approved education and training and meet the standard of competence specified in section A-II/2 of the STCW Code for masters and chief mates on ships of 3 000 gross tonnage or more.

Master and chief mate on ships of between 500 and 3 000 gross tonnage

3. Every master and chief mate on a seagoing ship of between 500 and 3 000 gross tonnage shall hold an appropriate certificate.

4. Every candidate for certification shall:

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

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

4.3. have completed approved training and meet the standard of competence specified in section A-II/2 of the STCW Code for masters and chief mates on ships of between 500 and 3 000 gross tonnage.

Regulation II/3

Ingangsdatum: 01-07-1999

Mandatory minimum requirements for certification of officers in charge of a navigational watch and of masters on ships of less than 500 gross tonnage

Ships not engaged on near-coastal voyages

1. Every officer in charge of a navigational watch serving on a seagoing ship of less than 500 gross tonnage not engaged on near-coastal voyages shall hold an appropriate certificate for ships of 500 gross tonnage or more.

2. Every master serving on a seagoing ship of less than 500 gross tonnage not engaged on near-coastal voyages shall hold an appropriate certificate for service as master on ships of between 500 and 3 000 gross tonnage.

Ships engaged on near-coastal voyages

Officer in charge of a navigational watch

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

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

4.1. be not less than 18 years of age;

4.2. have completed:

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

4.2.2. approved seagoing service in the deck department of not less than three years; 4.3. meet the applicable requirements of the regulations in Chapter IV, as appropriate, for performing designated radio duties in accordance with the Radio Regulations;

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

Master

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

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

6.1. be not less than 20 years of age;

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

6.3. have completed approved education and training and meet the standard of competence specified in section A-II/3 of the STCW Code for masters on ships of less than 500 gross tonnage engaged on near-coastal voyages. 7. Exemptions

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

Regulation II/4

Ingangsdatum: 01-07-1999

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

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

2. Every candidate for certification shall:

2.1. be not less than 16 years of age;

2.2. have completed:

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

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

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

3. The seagoing service, training and experience required by subparagraphs 2.2.1 and 2.2.2 shall be associated with navigational watchkeeping functions and involve the performance of duties carried out under the direct supervision of the master, the officer in charge of the navigational watch or a qualified rating. 4. Seafarers may be considered by a Member State to have met the requirements of this regulation if they have served in a relevant capacity in the deck department for a period of not less than one year within the last five preceding the entry into force of the STCW Convention for that Member State.

Chapter III Engine department

Ingangsdatum: 01-07-1999

Regulation III/1

Ingangsdatum: 01-07-1999

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

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

2. Every candidate for certification shall:

2.1. be not less than 18 years of age;

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

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

Regulation III/2

Ingangsdatum: 01-07-1999

Mandatory minimum requirements for certification of chief engineer officers and second engineer officers on ships powered by main propulsion machinery of 3 000 kW propulsion power or more

1. Every chief engineer officer and second engineer officer on a seagoing ship powered by main propulsion machinery of 3 000 kW propulsion power or more shall hold an appropriate certificate.

2. Every candidate for certification shall:

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

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

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

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

Regulation III/3

Ingangsdatum: 01-07-1999

Mandatory minimum requirements for certification of chief engineer officers and second engineer officers on ships powered by main propulsion machinery of between 750 kW and 3 000 kW propulsion power

1. Every chief engineer officer and second engineer officer on a seagoing ship powered by main propulsion machinery of between 750 and 3 000 kW propulsion power shall hold an appropriate certificate.

2. Every candidate for certification shall:

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

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

2.1.2. for certification as chief engineer officer, shall have not less than 24 months' approved seagoing service of which not less than 12 months shall be served while qualified to serve a second engineer officer;

2.2. have completed approved education and training and meet the standard of competence specified in section A-III/3 of the STCW Code.

3. Every engineer officer who is qualified to serve as second engineer officer on ships powered by main propulsion machinery of 3 000 kW propulsion power or more, may serve as chief engineer officer on ships powered by main propulsion machinery of less than 3 000 kW propulsion power, provided that not less than 12 months' approved seagoing service shall have been served as an engineer officer in a position of responsibility and the certificate is so endorsed.

Regulation III/4

Ingangsdatum: 01-07-1999

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

1. Every rating forming part of an engine-room watch or designated to perform duties in a periodically unmanned engine-room on a seagoing ship powered by main propulsion machinery of 750 kW propulsion power or more, other than ratings under training and ratings whose duties are of an unskilled nature, shall be duly certificated to perform such duties.

2. Every candidate for certification shall:

2.1. be not less than 16 years of age;

2.2. have completed:

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

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

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

3. The seagoing service, training and experience required by subparagraphs 2.2.1 and 2.2.2 shall be associated with engine-room watchkeeping functions and involve the performance of duties carried out under the direct supervision of a qualified engineer officer or a qualified rating.

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

Chapter IV Radiocommunication and radio personnel

Ingangsdatum: 01-07-1999

Explanatory note

Ingangsdatum: 01-07-1999

Mandatory provisions relating to radio watchkeeping are set forth in the Radio Regulations and in the International Convention for the Safety of Life at Sea, 1974, as amended. Provisions for radio maintenance are set forth in the International Convention for the Safety of Life at Sea, 1974, as amended, and the guidelines adopted by the International Maritime Organisation.

Regulation IV/1 Application

Ingangsdatum: 01-07-1999

1. Except as provided in paragraph 3, the provisions of this chapter apply to radio personnel on ships operating in the global maritime distress and safety system (GMDSS) as prescribed by the International Convention for the Safety of Life at Sea, 1974, as amended.

2. Until 1 February 1999, radio personnel on ships complying with the provisions of the International Convention for the Safety of Life at Sea, 1974, in force immediately prior to 1 February 1992 shall comply with the provisions of the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, in force prior to December 1992.

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

Regulation IV/2 Mandatory minimum requirements for certification of GMDSS radio personnel

Ingangsdatum: 01-07-1999

1. Every person in charge of or performing radio duties on a ship required to participate in the GMDSS shall hold an appropriate certificate related to the GMDSS, issued or recognised by the Administration under the provisions of the Radio Regulations.

2. In addition, every candidate for certification under this regulation for service on a ship which is required by the International Convention for the Safety of Life at Sea, 1974, as amended, to have a radio installation shall:

2.1. be not less than 18 years of age; and

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

Chapter V Special training requirements for personnel on certain types of ships

Ingangsdatum: 01-07-1999

Regulation V/1

Ingangsdatum: 01-07-1999

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

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

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

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

However the Administration may accept a period of supervised seagoing service shorter than that prescribed by subparagraph 1, provided:

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

1.4. the tanker is of less than 3 000 gross tonnage;

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

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

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

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

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

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

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

Regulation V/2

Ingangsdatum: 01-07-1999

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

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

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

3. Seafarers who are required to be trained in accordance with paragraphs 4, 7 and 8 below shall at intervals not exceeding five years undertake appropriate refresher training.

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

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

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

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

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

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

Chapter VI Emergency, occupational safety, medical care and survival functions

Ingangsdatum: 01-07-1999

Regulation VI/1

Ingangsdatum: 01-07-1999

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

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

Regulation VI/2

Ingangsdatum: 01-07-1999

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

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

1.1. be not less than 18 years of age;

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

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

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

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

2.2. have attended an approved training course;

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

Regulation VI/3

Ingangsdatum: 01-07-1999

Mandatory minimum requirements for training in advanced fire-fighting

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

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

Regulation VI/4

Ingangsdatum: 01-07-1999

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 to 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 to 6, of the STCW Code.

3. Where training in medical first aid or medical care is not included in the qualifications for the certificate to be issued, a special certificate or documentary evidence, as appropriate, shall be issued indicating that the holder has attended a course of training in medical first aid or in medical care.

Chapter VII Alternative certification

Ingangsdatum: 01-07-1999

Regulation VII/1 Issue of alternative certificates

Ingangsdatum: 01-07-1999

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

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

1.2. the candidates have completed approved education and training and meet the requirements for standards of competence, prescribed in the relevant sections of the STCW Code and as set forth in section A-VII/1 of this Code, for the functions and levels that are to be stated on the certificates and in the endorsements;

1.3. the candidates have completed approved seagoing service appropriate to the performance of the functions and levels that are to be stated on the certificate. The minimum duration of seagoing service shall be equivalent to the duration of seagoing service prescribed in Chapters II and III of this Annex. However, the minimum duration of seagoing service shall be not less than as prescribed in section A-VII/2 of the STCW Code;

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

1.5. the certificates are issued in accordance with the requirements of Article 5e and the provisions set forth in Chapter VII of the STCW Code. 2. No certificate shall be issued under this chapter unless the Member State has communicated the information required by the STCW Convention to the Commission.

Regulation VII/2 Certification of seafarers

Ingangsdatum: 01-07-1999

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

Regulation VII/3 Principles governing the issue of alternative certificates

Ingangsdatum: 01-07-1999

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

1.1. no alternative certification system shall be implemented unless it ensures a degree of safety at sea and has a preventive effect as regards pollution at least equivalent to that provided by the other chapters;

1.2. any arrangement for alternative certification issued under this chapter shall provide for the interchangeability of certificates with those issued under the other chapters. 2. The principle of interchangeability in paragraph 1 shall ensure that:

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

2.2. seafarers are not trained for specific shipboard arrangements in such a way as would impair their ability to take their skills elsewhere. 3. In issuing any certificate under the provisions of this chapter the following principles shall be taken into account:

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

3.1.1. to reduce the number of crew on board,

3.1.2. to lower the integrity of the profession or 'de-skill` seafarers, or

3.1.3. to justify the assignment of the combined duties of the engine and deck watchkeeping officers to a single certificate holder during any particular watch;
3.2. the person in command shall be designated as the master and the legal position and authority of the master and others shall not be adversely affected by the implementation of any arrangement for alternative certification. 4. The principles contained in paragraphs 1 and 2 of this regulation shall ensure that the competency of both deck and engineer officers is maintained.

Chapter II Master - deck department

Ingangsdatum: 01-01-1996

Geldig tot en met: 30-06-1999

Regulation II/2

Mandatory minimum requirements for certification of masters and chief mates of ships of 200 gross register tons (GRT) or more

Master and chief mate of ships of 1 600 GRT or more

1. Every master and chief mate of a sea-going ship of 1 600 GRT or more shall hold an appropriate certificate.

2. Every candidate for certification shall:

(a) satisfy the Administration as to medical fitness, particularly regarding eyesight and hearing;

(b) meet the requirements for certification as an officer in charge of a navigational watch on ships of 200 GRT or more and have approved sea-going service in that capacity:

(i) for certification as chief mate, not less than 18 months; however, this period may be reduced to not less than 12 months if the Administration requires special training which it considers to be equivalent to at least six months' service as officer in charge of a navigational watch;

(ii) for certification as master, not less than 36 months; however, this period may be reduced to not less than 24 months if not less than 12 months of such sea-going service has been served as chief mate, or if the Administration requires special training which it considers to be equivalent to such service;

(c) have passed appropriate examination to the satisfaction of the Administration. Such examination shall include the material set out in the Appendix to this Regulation, except that the Administration may vary these examination requirements for masters and chief mates of ships of limited size engaged on near-coastal voyages, as it considers necessary, bearing in mind the effect on the safety of all ships which may be operating in the same waters.

Master and chief mate of ships of between 200 and 1 600 GRT
3. Every master and chief mate of a sea-going ship of between 200 and 1 600 GRT shall hold an appropriate certificate.

4. Every candidate for certification shall:

(a) satisfy the Administration as to medical fitness, particularly regarding eyesight and hearing;

(b) (i) for certification as chief mate, meet the requirements of an officer in charge of a navigational watch on ships of 200 GRT or more;

(ii) for certification as master, meet the requirements of an officer in charge of a navigational watch on ships of 200 GRT or more and have approved sea-going service in that capacity of not less than 36 months; however, this period may be reduced to not less than 24 months if not less than 12 months of such sea-going service has been served as chief mate, or if the Administration requires special training which it considers to be equivalent to such service;

(c) have passed appropriate examination to the satisfaction of the Administration. Such examination shall include the material set out in the Appendix, except that the Administration may vary these examination requirements for masters and chief mates of ships engaged on near-coastal voyages, as it considers appropriate, to exclude such material as is not applicable to the waters or ships concerned, bearing in mind the effect on the safety of all ships which may be operating in the same waters.

General

5. The level of knowledge required under the different headings of the Appendix may be varied according to whether the certificate is being issued at master or chief mate level, and according to whether the certificate or certificates is applicable to ships of 1 600 gross register tons or more, or to ships of between 200 and 1 600 gross register tons.

Ingangsdatum: 01-01-1996

Geldig tot en met: 30-06-1999

Mandatory minimum requirements for certification of masters and chief mates of ships of 200 gross register tons (GRT) or more

Master and chief mate of ships of 1 600 GRT or more

1. Every master and chief mate of a sea-going ship of 1 600 GRT or more shall hold an appropriate certificate.

2. Every candidate for certification shall:

(a) satisfy the Administration as to medical fitness, particularly regarding eyesight and hearing;

(b) meet the requirements for certification as an officer in charge of a navigational watch on ships of 200 GRT or more and have approved sea-going service in that capacity:

(i) for certification as chief mate, not less than 18 months; however, this period may be reduced to not less than 12 months if the Administration requires special training which it considers to be equivalent to at least six months' service as officer in charge of a navigational watch;

(ii) for certification as master, not less than 36 months; however, this period may be reduced to not less than 24 months if not less than 12 months of such sea-going service has been served as chief mate, or if the Administration requires special training which it considers to be equivalent to such service;

(c) have passed appropriate examination to the satisfaction of the Administration. Such examination shall include the material set out in the Appendix to this Regulation, except that the Administration may vary these examination requirements for masters and chief mates of ships of limited size engaged on near-coastal voyages, as it considers necessary, bearing in mind the effect on the safety of all ships which may be operating in the same waters.

Master and chief mate of ships of between 200 and 1 600 GRT
3. Every master and chief mate of a sea-going ship of between 200 and 1 600 GRT shall hold an appropriate certificate.

4. Every candidate for certification shall:

(a) satisfy the Administration as to medical fitness, particularly regarding eyesight and hearing;

(b) (i) for certification as chief mate, meet the requirements of an officer in charge of a navigational watch on ships of 200 GRT or more;

(ii) for certification as master, meet the requirements of an officer in charge of a navigational watch on ships of 200 GRT or more and have approved sea-going service in that capacity of not less than 36 months; however, this period may be reduced to not less than 24 months if not less than 12 months of such sea-going service has been served as chief mate, or if the Administration requires special training which it considers to be equivalent to such service;

(c) have passed appropriate examination to the satisfaction of the Administration. Such examination shall include the material set out in the Appendix, except that the Administration may vary these examination requirements for masters and chief mates of ships engaged on near-coastal voyages, as it considers appropriate, to exclude such material as is not applicable to the waters or ships concerned, bearing in mind the effect on the safety of all ships which may be operating in the same waters.

General

5. The level of knowledge required under the different headings of the Appendix may be varied according to whether the certificate is being issued at master or chief mate level, and according to whether the certificate or certificates is applicable to ships of 1 600 gross register tons or more, or to ships of between 200 and 1 600 gross register tons.

Appendix to Regulation II/2

[Niet geldig (geldigheid van 1996-01-01 tot en met 1999-06-30)]

Regulation II/3

Mandatory minimum requirements for certification of officers in charge of a navigational watch and of masters of ships of less than 200 GRT

1. Ships not engaged on near-coastal voyages

(a) Every master serving on a sea-going ship of less than 200 GRT not engaged on near-coastal voyages shall hold a certificate recognized by the Administration for service as master of ships of between 200 and 1 600 GRT.

(b) Every officer in charge of a navigational watch serving on a sea-going ship of less than 200 GRT not engaged on near-coastal voyages shall hold an appropriate certificate for ships of 200 GRT or more.

2. Ships engaged on near-coastal voyages

(a) Master

(i) Every master serving in a sea-going ship of less than 200 GRT engaged on near-coastal voyages shall hold an appropriate certificate.

(ii) Every candidate for certification shall:

(1) be not less than 20 years of age;

(2) have approved sea-going service of not less than 12 months as officer in charge of a navigational watch;

(3) satisfy the Administration that he possesses adequate knowledge appropriate to his duties on the ships concerned which shall include the subjects contained in the Appendix to this Regulation.

(b) Officer in charge of a navigational watch

(i) Every officer in charge of a navigational watch on a sea-going ship of less than 200 GRT engaged on near coastal voyages shall hold an appropriate certificate.

(ii) Every candidate for certification shall:

(1) be not less than 18 years of age;

(2) satisfy the Administration as to medical fitness, particularly regarding eyesight and hearing;

(3) satisfy the Administration that he has:

- successfully undergone special training, including an adequate period of appropriate sea-going services as required by the Administration, or

- completed approved sea-going service in the deck department of not less than three years;

(4) satisfy the Administration that he possesses adequate knowledge appropriate to his duties on the ships concerned, which shall include the subjects contained in the Appendix.

3. Training

Training to achieve the necessary knowledge and practical experience shall be based on Regulation II/1 'Basic principles to be observed in keeping a navigational watch` and relevant international regulations and recommendations.

4. Exemptions

The Administration, if it considers that a ship's size and the conditions of its voyage are such as to render the application of the full requirements of this Regulation and its Appendix 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.

Ingangsdatum: 01-01-1996

Geldig tot en met: 30-06-1999

Mandatory minimum requirements for certification of officers in charge of a navigational watch and of masters of ships of less than 200 GRT

1. Ships not engaged on near-coastal voyages

(a) Every master serving on a sea-going ship of less than 200 GRT not engaged on near-coastal voyages shall hold a certificate recognized by the Administration for service as master of ships of between 200 and 1 600 GRT.

(b) Every officer in charge of a navigational watch serving on a sea-going ship of less than 200 GRT not engaged on near-coastal voyages shall hold an appropriate certificate for ships of 200 GRT or more.

2. Ships engaged on near-coastal voyages

(a) Master

(i) Every master serving in a sea-going ship of less than 200 GRT engaged on near-coastal voyages shall hold an appropriate certificate.

(ii) Every candidate for certification shall:

(1) be not less than 20 years of age;

(2) have approved sea-going service of not less than 12 months as officer in charge of a navigational watch;

(3) satisfy the Administration that he possesses adequate knowledge appropriate to his duties on the ships concerned which shall include the subjects contained in the Appendix to this Regulation.

(b) Officer in charge of a navigational watch

(i) Every officer in charge of a navigational watch on a sea-going ship of less than 200 GRT engaged on near coastal voyages shall hold an appropriate certificate.

(ii) Every candidate for certification shall:

(1) be not less than 18 years of age;

(2) satisfy the Administration as to medical fitness, particularly regarding eyesight and hearing;

(3) satisfy the Administration that he has:

- successfully undergone special training, including an adequate period of appropriate sea-going services as required by the Administration, or

- completed approved sea-going service in the deck department of not less than three years;

(4) satisfy the Administration that he possesses adequate knowledge appropriate to his duties on the ships concerned, which shall include the subjects contained in the Appendix.

3. Training

Training to achieve the necessary knowledge and practical experience shall be based on Regulation II/1 'Basic principles to be observed in keeping a navigational watch` and relevant international regulations and recommendations.

4. Exemptions

The Administration, if it considers that a ship's size and the conditions of its voyage are such as to render the application of the full requirements of this Regulation and its Appendix 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.

Appendix to Regulation II/3

[Niet geldig (geldigheid van 1996-01-01 tot en met 1999-06-30)]

Regulation II/4

Mandatory minimum requirements for certification of officers in charge of a navigational watch on ships of 200 GRT or more

1. Every officer in charge of a navigational watch serving on a sea-going ship of 200 GRT or more shall hold an appropriate certificate.

2. Every candidate for certification shall:

(a) be not less than 18 years of age;

(b) satisfy the Administration as to medical fitness, particularly regarding eyesight and hearing;

(c) have approved sea-going service in the deck department of not less than three years which shall include at least six months of bridge watchkeeping duties under the supervision of a qualified officer; however, an Administration may allow the substitution of a period of special training for not more than two years of this approved sea-going service, provided the Administration is satisfied that such training is at least equivalent in value to the period of sea-going service it replaces;

(d) satisfy the Administration by passing an appropriate examination that he possesses adequate theoretical and practical knowledge appropriate to his duties.

3. Certificates for service without restriction

For issue of certificates for service without restriction as to area of operation, the examination shall test the adequacy of the candidate's theoretical and practical knowledge in the subjects shown in the Appendix to this Regulation.

4. Restricted certificates

For issue of restricted certificates for service on near-coastal voyages, the Administration may omit the following subjects from those shown in the Appendix, bearing in mind the effect on the safety of all ships which may be operating in the same waters:

(a) celestial navigation;

(b) electronic systems of position fixing and navigation for waters not covered by such systems.

5. Level of knowledge

(a) The level of knowledge to be required in the subjects shown in the Appendix shall be sufficient for the officer of the watch to carry out his watchkeeping duties safely. In determining the appropriate level of knowledge the Administration shall take into account the remarks under each subject in the Appendix.

(b) Training to achieve the necessary theoretical knowledge and practical experience shall be based on Regulation II/1 'Basic principles to be observed in keeping a navigational watch` and relevant international regulations and recommendations.

Ingangsdatum: 01-01-1996

Geldig tot en met: 30-06-1999

Mandatory minimum requirements for certification of officers in charge of a navigational watch on ships of 200 GRT or more

1. Every officer in charge of a navigational watch serving on a sea-going ship of 200 GRT or more shall hold an appropriate certificate.

2. Every candidate for certification shall:

(a) be not less than 18 years of age;

(b) satisfy the Administration as to medical fitness, particularly regarding eyesight and hearing;

(c) have approved sea-going service in the deck department of not less than three years which shall include at least six months of bridge watchkeeping duties under the supervision of a qualified officer; however, an Administration may allow the substitution of a period of special training for not more than two years of this approved sea-going service, provided the Administration is satisfied that such training is at least equivalent in value to the period of sea-going service it replaces;

(d) satisfy the Administration by passing an appropriate examination that he possesses adequate theoretical and practical knowledge appropriate to his duties.

3. Certificates for service without restriction

For issue of certificates for service without restriction as to area of operation, the examination shall test the adequacy of the candidate's theoretical and practical knowledge in the subjects shown in the Appendix to this Regulation.

4. Restricted certificates

For issue of restricted certificates for service on near-coastal voyages, the Administration may omit the following subjects from those shown in the Appendix, bearing in mind the effect on the safety of all ships which may be operating in the same waters:

(a) celestial navigation;

(b) electronic systems of position fixing and navigation for waters not covered by such systems.

5. Level of knowledge

(a) The level of knowledge to be required in the subjects shown in the Appendix shall be sufficient for the officer of the watch to carry out his watchkeeping duties safely. In determining the appropriate level of knowledge the Administration shall take into account the remarks under each subject in the Appendix.

(b) Training to achieve the necessary theoretical knowledge and practical experience shall be based on Regulation II/1 'Basic principles to be observed in keeping a navigational watch` and relevant international regulations and recommendations.

Appendix to Regulation II/4

[Niet geldig (geldigheid van 1996-01-01 tot en met 1999-06-30)]

Regulation II/5

[Niet geldig (geldigheid van 1996-01-01 tot en met 1999-06-30)]

Regulation II/6

[Niet geldig (geldigheid van 1996-01-01 tot en met 1999-06-30)]

Chapter III Engine department

Ingangsdatum: 01-01-1996

Geldig tot en met: 30-06-1999

Regulation III/2

Mandatory minimum requirements for certification of chief engineer officers and second engineer officers of ships powered by main propulsion machinery of 3 000 kW propulsion power or more

1. Every chief engineer officer and second engineer officer of a sea-going ship powered by main propulsion machinery of 3 000 kW propulsion power or more shall hold an appropriate certificate.

2. Every candidate for certification shall:

(a) satisfy the Administration as to medical fitness, including eyesight and hearing;

(b) meet the requirements for certification as an engineer officer in charge of a watch; and

(i) for certification as second engineer officer, have not less than 12 months' approved sea-going service as assistant engineer officer or engineer officer;

(ii) for certification as chief engineer officer, have not less than 36 months' approved sea-going service of which not less than 12 months shall be served as an engineer officer in a position of responsibility while qualified to serve as second engineer officer;

(c) have attended an approved practical fire-fighting course;

(d) have passed appropriate examination to the satisfaction of the Administration. Such examination shall include the material set out in the Appendix to this Regulation, except that the Administration may vary these examination requirements for officers of ships with limited propulsion power that are engaged on near-coastal voyages, as it considers necessary, bearing in mind the effect on the safety of all ships which may be operating in the same waters.

3. Training to achieve the necessary theoretical knowledge and practical experience shall take into account relevant international regulations and recommendations.

4. The level of knowledge required under the different paragraphs of the appendix may be varied according to whether the certificate is being issued at chief engineer officer or second engineer officer level.

Ingangsdatum: 01-01-1996

Geldig tot en met: 30-06-1999

Mandatory minimum requirements for certification of chief engineer officers and second engineer officers of ships powered by main propulsion machinery of 3 000 kW propulsion power or more

1. Every chief engineer officer and second engineer officer of a sea-going ship powered by main propulsion machinery of 3 000 kW propulsion power or more shall hold an appropriate certificate.

2. Every candidate for certification shall:

(a) satisfy the Administration as to medical fitness, including eyesight and hearing;

(b) meet the requirements for certification as an engineer officer in charge of a watch; and

(i) for certification as second engineer officer, have not less than 12 months' approved sea-going service as assistant engineer officer or engineer officer;

(ii) for certification as chief engineer officer, have not less than 36 months' approved sea-going service of which not less than 12 months shall be served as an engineer officer in a position of responsibility while qualified to serve as second engineer officer;

(c) have attended an approved practical fire-fighting course;

(d) have passed appropriate examination to the satisfaction of the Administration. Such examination shall include the material set out in the Appendix to this Regulation, except that the Administration may vary these examination requirements for officers of ships with limited propulsion power that are engaged on near-coastal voyages, as it considers necessary, bearing in mind the effect on the safety of all ships which may be operating in the same waters.

3. Training to achieve the necessary theoretical knowledge and practical experience shall take into account relevant international regulations and recommendations.

4. The level of knowledge required under the different paragraphs of the appendix may be varied according to whether the certificate is being issued at chief engineer officer or second engineer officer level.

Appendix to Regulation III/2

[Niet geldig (geldigheid van 1996-01-01 tot en met 1999-06-30)]

Regulation III/3

Mandatory minimum requirements of certification of chief engineer officers and second engineer officers of ships powered by main propulsion machinery between 750 kW and 3 000 kW propulsion power

1. Every chief engineer officer and second engineer officer of a sea-going ship powered by main propulsion machinery of between 750 and 3 000 kW propulsion power shall hold an appropriate certificate.

2. Every candidate for certification shall:

(a) satisfy the Administration as to medical fitness, including eyesight and hearing;

(b) meet the requirements for certification as an engineer officer in charge of a watch; and

(i) for certification as second engineer officer, have not less than 12 months' approved sea-going service as assistant engineer officer or engineer officer;

(ii) for certification as chief engineer officer, have not less than 24 months' approved sea-going service of which not less than 12 months shall be served while qualified to serve as second engineer officer;

(c) have attended an approved practical fire-fighting course;

(d) have passed appropriate examination to the satisfaction of the Administration. Such examination shall include the material set out in the Appendix to this Regulation, except that the Administration may vary the requirements for examination and sea-going service for officers of ships engaged on near-coastal voyages, bearing in mind the types of automatic and remotely operated controls with which such ships are fitted and the effect on the safety of all ships which may be operating in the same waters.

3. Training to achieve the necessary theoretical knowledge and practical experience shall take into account relevant international regulations and recommendations.

4. The level of knowledge required under the different paragraphs of the Appendix may be varied according to whether the certificate is being issued at chief engineer officer or second engineer officer level.

5. Every engineer officer who is qualified to serve as second engineer officer of ships powered by main propulsion machinery of 3 000 kW propulsion power or more, may serve as chief engineer officer of ships powered by main propulsion machinery of less than 3 000 kW propulsion power provided that not less than 12 month's approved sea-going service shall have been served as an engineer officer in a position of responsibility.

Ingangsdatum: 01-01-1996

Geldig tot en met: 30-06-1999

Mandatory minimum requirements of certification of chief engineer officers and second engineer officers of ships powered by main propulsion machinery between 750 kW and 3 000 kW propulsion power

1. Every chief engineer officer and second engineer officer of a sea-going ship powered by main propulsion machinery of between 750 and 3 000 kW propulsion power shall hold an appropriate certificate.

2. Every candidate for certification shall:

(a) satisfy the Administration as to medical fitness, including eyesight and hearing;

(b) meet the requirements for certification as an engineer officer in charge of a watch; and

(i) for certification as second engineer officer, have not less than 12 months' approved sea-going service as assistant engineer officer or engineer officer;

(ii) for certification as chief engineer officer, have not less than 24 months' approved sea-going service of which not less than 12 months shall be served while qualified to serve as second engineer officer;

(c) have attended an approved practical fire-fighting course;

(d) have passed appropriate examination to the satisfaction of the Administration. Such examination shall include the material set out in the Appendix to this Regulation, except that the Administration may vary the requirements for examination and sea-going service for officers of ships engaged on near-coastal voyages, bearing in mind the types of automatic and remotely operated controls with which such ships are fitted and the effect on the safety of all ships which may be operating in the same waters.

3. Training to achieve the necessary theoretical knowledge and practical experience shall take into account relevant international regulations and recommendations.

4. The level of knowledge required under the different paragraphs of the Appendix may be varied according to whether the certificate is being issued at chief engineer officer or second engineer officer level.

5. Every engineer officer who is qualified to serve as second engineer officer of ships powered by main propulsion machinery of 3 000 kW propulsion power or more, may serve as chief engineer officer of ships powered by main propulsion machinery of less than 3 000 kW propulsion power provided that not less than 12 month's approved sea-going service shall have been served as an engineer officer in a position of responsibility.

Appendix to Regulation III/3

[Niet geldig (geldigheid van 1996-01-01 tot en met 1999-06-30)]

Regulation III/4

[Niet geldig (geldigheid van 1996-01-01 tot en met 1999-06-30)]

Regulation III/5

[Niet geldig (geldigheid van 1996-01-01 tot en met 1999-06-30)]

Regulation III/6

[Niet geldig (geldigheid van 1996-01-01 tot en met 1999-06-30)]

Chapter IV Radio Personnel

Explanatory note:

Mandatory provisions relating to radio watchkeeping are set forth in the Radio Regulations and in the International Convention for the Safety of Life at Sea, 1974, as amended. Provisions for radio maintenance are set forth in the International Convention for the Safety of Life at Sea, 1974, as amended, and the guidelines adopted by the Organization (5).

---

(5) Reference is made to the Radio maintenance guidelines for the Global Maritime Distress and Safety System (GMDSS) related to sea areas A3 and A4 adopted by the Organization by Resolution A.702 (17).

Ingangsdatum: 01-01-1996

Geldig tot en met: 30-06-1999

Explanatory note:

Mandatory provisions relating to radio watchkeeping are set forth in the Radio Regulations and in the International Convention for the Safety of Life at Sea, 1974, as amended. Provisions for radio maintenance are set forth in the International Convention for the Safety of Life at Sea, 1974, as amended, and the guidelines adopted by the Organization (5).

---

(5) Reference is made to the Radio maintenance guidelines for the Global Maritime Distress and Safety System (GMDSS) related to sea areas A3 and A4 adopted by the Organization by Resolution A.702 (17).

Regulation IV/1

[Niet geldig (geldigheid van 1996-01-01 tot en met 1999-06-30)]

Regulation IV/2

Mandatory minimum requirements for certification of GMDSS radio personnel

1. Every radio operator in charge of, or performing, radio communication duties on a ship shall hold an appropriate certificate or certificates issued or recognized by the Administration under the provisions of the Radio Regulations.

2. In addition, a radio operator on a ship which is required by the International Convention for the Safety of Life at Sea, 1974, as amended, to have a radio installation shall:

(a) be not less than 18 years of age;

(b) satisfy the Administration as to medical fitness, particularly regarding eyesight, hearing and speech;

(c) meet the requirements of the Appendix to this Regulation.

3. Every candidate for a certificate shall be required to pass an examination or examinations to the satisfaction of the Administration concerned.

4. The level of knowledge required for certification shall be sufficient for radio operators to carry out their radiocommunication duties safely and efficiently. The knowledge required for obtaining each type of certificate defined in the Radio Regulations shall be in accordance with those Regulations. In addition, for all types of certificates defined in the Radio Regulations, the required knowledge and training shall include the subjects listed in the Appendix to this Regulation. In determining the appropriate level of knowledge and the training, the Administration shall take into account the relevant recommendations of the Organization (6).

---

(6) Reference is made to the recommendations on training of radio personnel in the Global Maritime Distress and Safety System (GMDSS) adopted by the Organization by Resolution A. 703 (17).

Ingangsdatum: 01-01-1996

Geldig tot en met: 30-06-1999

Mandatory minimum requirements for certification of GMDSS radio personnel

1. Every radio operator in charge of, or performing, radio communication duties on a ship shall hold an appropriate certificate or certificates issued or recognized by the Administration under the provisions of the Radio Regulations.

2. In addition, a radio operator on a ship which is required by the International Convention for the Safety of Life at Sea, 1974, as amended, to have a radio installation shall:

(a) be not less than 18 years of age;

(b) satisfy the Administration as to medical fitness, particularly regarding eyesight, hearing and speech;

(c) meet the requirements of the Appendix to this Regulation.

3. Every candidate for a certificate shall be required to pass an examination or examinations to the satisfaction of the Administration concerned.

4. The level of knowledge required for certification shall be sufficient for radio operators to carry out their radiocommunication duties safely and efficiently. The knowledge required for obtaining each type of certificate defined in the Radio Regulations shall be in accordance with those Regulations. In addition, for all types of certificates defined in the Radio Regulations, the required knowledge and training shall include the subjects listed in the Appendix to this Regulation. In determining the appropriate level of knowledge and the training, the Administration shall take into account the relevant recommendations of the Organization (6).

---

(6) Reference is made to the recommendations on training of radio personnel in the Global Maritime Distress and Safety System (GMDSS) adopted by the Organization by Resolution A. 703 (17).

Appendix to Regulation IV/2

[Niet geldig (geldigheid van 1996-01-01 tot en met 1999-06-30)]

Regulation IV/3

[Niet geldig (geldigheid van 1996-01-01 tot en met 1999-06-30)]

Chapter V Special requirements for tankers

Ingangsdatum: 01-01-1996

Geldig tot en met: 30-06-1999

Regulation V/1

[Niet geldig (geldigheid van 1996-01-01 tot en met 1999-06-30)]

Regulation V/2

[Niet geldig (geldigheid van 1996-01-01 tot en met 1999-06-30)]

Regulation V/3

[Niet geldig (geldigheid van 1996-01-01 tot en met 1999-06-30)]

Chapter VI Proficiency in survival craft

Ingangsdatum: 01-01-1996

Geldig tot en met: 30-06-1999

Regulation VI/1

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

Every seafarer to be issued with a certificate of proficiency in survival craft shall:

(a) be not less than 17,5 years of age;

(b) satisfy the Administration as to medical fitness;

(c) have approved sea-going service of not less than 12 months or have attended an approved training course and have approved sea-going service of not less than nine months;

(d) satisfy the Administration by examination or by continuous assessment during an approved training course that he possesses knowledge of the contents of the Appendix to this Regulation;

(e) demonstrate to the satisfaction of the Administration by examination or by continuous assessment during an approved training course that he possesses the ability to:

(i) don a life-jacket correctly; safely jump from a height into the water; board a survival craft from the water while wearing a life-jacket;

(ii) right an inverted liferaft while wearing a life-jacket;

(iii) interpret the markings on survival craft and rescue boats with respect to the number of persons they are permitted to carry;

(iv) make the correct commands required for launching and boarding the survival craft and rescue boats, clearing the ship and handling and disembarking from the survival craft or rescue boats;

(v) prepare and launch survival craft and rescue boats safely into the water and clear the ship's side quickly;

(vi) deal with injured persons both during and after abandonment;

(vii) row and steer, erect a mast, set the sails, manage a boat under sail and steer a boat by compass;

(viii) use signalling equipment, including rocket parachute flares, hand flares and buoyant smoke signals;

(ix) use radio life-saving appliances;

(x) don and use an immersion suit; use a thermal protective aid.

Ingangsdatum: 01-01-1996

Geldig tot en met: 30-06-1999

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

Every seafarer to be issued with a certificate of proficiency in survival craft shall:

(a) be not less than 17,5 years of age;

(b) satisfy the Administration as to medical fitness;

(c) have approved sea-going service of not less than 12 months or have attended an approved training course and have approved sea-going service of not less than nine months;

(d) satisfy the Administration by examination or by continuous assessment during an approved training course that he possesses knowledge of the contents of the Appendix to this Regulation;

(e) demonstrate to the satisfaction of the Administration by examination or by continuous assessment during an approved training course that he possesses the ability to:

(i) don a life-jacket correctly; safely jump from a height into the water; board a survival craft from the water while wearing a life-jacket;

(ii) right an inverted liferaft while wearing a life-jacket;

(iii) interpret the markings on survival craft and rescue boats with respect to the number of persons they are permitted to carry;

(iv) make the correct commands required for launching and boarding the survival craft and rescue boats, clearing the ship and handling and disembarking from the survival craft or rescue boats;

(v) prepare and launch survival craft and rescue boats safely into the water and clear the ship's side quickly;

(vi) deal with injured persons both during and after abandonment;

(vii) row and steer, erect a mast, set the sails, manage a boat under sail and steer a boat by compass;

(viii) use signalling equipment, including rocket parachute flares, hand flares and buoyant smoke signals;

(ix) use radio life-saving appliances;

(x) don and use an immersion suit; use a thermal protective aid.

Appendix to Regulation VI/1

[Niet geldig (geldigheid van 1996-01-01 tot en met 1999-06-30)]

• Informatietype: Internationaal
• Documentsoort: EU Wet- en regelgeving
• Toegangsrechten: Intern
• Identificatie: PUC_2224_14
• Versie: 3
• Datum beschikbaarheid: 10-07-2010
• Geldigheid van: 01-07-1999
• tot en met: 06-06-2001
• Wijzigingsdatum: 26-09-2022
• Titel: 1994/58 The minimum level of training of seafarers (1998/35/EC)
• Organisatie: Europese Unie (EU)
• Taal: Nederlands
• Onderwerp: Bemanning / Manning
• Hoofdtaak: Koopvaardij / Merchant Shipping
• Thema: Zeevaart / Seagoing ships / Mandatory Regulations / EU Instruments (Mandatory) / EU Directives / Richtlijnen