EXPLANATORY MEMORANDUM

1. CONTEXT OF THE PROPOSAL 1.1. Summary

The International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (the STCW Convention) was concluded in 1978 among the State Parties to the IMO (International Maritime Organization, the UN agency in charge of the international regulatory framework for shipping). The convention deals with the requirements for training of seafarers (mainly officers) and the relevant certification. The STCW Convention was significantly amended in 1995.

The Convention was integrated into Community law by Directive 94/58 on minimum training for seafarers[1]. As a matter of fact, the EU rules on maritime safety are largely aligned with international rules.

Directive 94/58 was amended several times and eventually replaced by Directive 2001/25, in turn replaced by Directive 2008/106, currently in force[2]. Over time EU rules were modified, mainly in order to transpose the amendments to the STCW Convention, but also to develop and streamline a system for the recognition of seafarers educated and trained outside the EU. Recognition of seafarers educated and trained outside the EU is in fact crucial in a business like shipping, globalized since forty years.

Against this background, in 2007 the IMO launched a comprehensive review of the STCW Convention to which both the Commission and the Member States actively contributed and which was achieved with the adoption of a series of significant amendments, agreed upon by the State-parties at the Manila Conference on 25 June 2010.

The Manila amendments to the Convention will enter into force on 1 January 2012. From that date onwards maritime training will have to meet the new requirements. Since the EU Member States are also parties to the Convention, and none of them opposed the Manila amendments, they will have to adapt their legislation to the new text of the Convention. Also EU law should align with international rules, as it has been done so far and in order to avoid any conflict between the international and the EU obligations of the Member States. Alignment with international rules is precisely the objective of the present proposal, which also includes a few features aiming to take the opportunity of this legislative initiative to slightly streamline the STCW Directive.

These features regard the introduction of a requirement for the Member States to provide already existing information concerning the certificates to the Commission for statistical purposes and the extension of an impracticable deadline from the procedure of recognition of third countries’ STCW systems.

1.2. The STCW Convention

The international character of shipping is well known. It also results in crews being trained in different countries and under different systems operating onboard the same ship. In this respect it is crucial that all such crew members have the capacities needed to perform their duties in a safe manner. Training, in fact, plays an important role in maritime safety.

For this reason in 1978, the Parties to the International Maritime Organisation (IMO) aiming to "promote safety of life at sea and the protection of the marine environment by establishing in common agreement international standards of training, certification and watchkeeping for seafarers" adopted the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers ("STCW Convention"), which entered into force in 1984.

This Convention prescribes minimum standards which the State Parties are obliged to meet or exceed. As mentioned, the STCW Convention was significantly revised in 1995 and in 2010.

As for the structure and content of the Convention, while the introductory articles contain the general principles and the provisions on entry into force and amendment procedures, its Technical Annex – composed of "Regulations" - contain the training, qualification and certification requirements for the different positions on ships (such as "captain", "first mate", etc.). Another annex to the Convention – the "Code" – contains in its Part "A" detailed tables with a precise description of the material skills (e.g., positioning, ship-manoeuvring, cargo-handling) that have to be learned by the candidates for the different positions onboard and tested by the competent bodies. Finally, Part "B" of the Code contains guidance on the implementation of the whole of the STCW rules. Part "B" of the Code is the sole part of the Convention which is not legally binding for the State parties.

In this context the 2010 revision of the Convention aimed, on the one hand, to improve its existing provisions (for example, by enhancing the rules on fraud prevention and medical fitness standards) and, on the other hand, to update it with the latest technological developments.

The Manila Amendments have also introduced a number of new features, such as training requirements for "able seafarers" and "electro-technical officers", which were not included in the former version of the Convention.

1.3. The STCW Directives

Since they were introduced, the EU rules on training and certification of seafarers have had a twofold objective:

· setting minimum common standards for training of seafarers working on EU-flagged ships, based on international standards;

· ensure that seafarers working on EU-flagged ships and holding certificates issued by non-EU countries are properly trained.

These two aspects are intertwined in the various directives that have followed the 1994 directive on minimum training for seafarers, which integrated for the first time the STCW Convention into EU law, the EU rules being afterwards amended as the STCW Convention was.

Thus, Directive 94/58 was amended by Directive 98/35/EC transposing the 1995 amendments to the Convention, and subsequently replaced by Directive 2001/25 introducing a procedure for the recognition of seafarers' certificates issued by third countries. Three further amendments followed, introduced by Directive 2002/84 (defining the comitology procedure for the recognition of third country certificates), by Directive 2003/103 (providing for a new procedure for the recognition of third countries), by Directive 2005/23 (introducing requirements for seafarers serving onboard passenger ships) and by Directive 2005/45 (concerning the mutual recognition of certificates issued by Member States). Finally, Directive 2008/106 replaced Directive 2001/25, while introducing new elements concerning the comitology procedure.

The main lines of this evolving legislative framework can be summarised as follows, taking into account the three policy objectives as indicated above:

· Common standards for training of seafarers working on EU-flagged ships, have been laid down reproducing those set out in the STCW Convention. Such standards, once integrated into EU law and therefore become part of it, are interpreted and implemented according to EU law principles and, if necessary, enforced like any other EU law provision. Under the directive currently in force, if minor changes to the STCW Convention occur, the directive itself may be updated through a comitology procedure; if significant changes are introduced at an international level, a new directive is necessary to update the one in force, like in the present case.

· Recognition of third countries. After the creation of the European Maritime Safety Agency (EMSA), the Commission has acquired the support necessary to achieve an accurate knowledge of non-EU countries' systems of training and certification of seafarers. The Commission has therefore been entrusted with the assessment of such systems by Directive 2003/103. In particular, the Commission is in charge of assessing, with the support of EMSA whether third countries comply with the requirements of the STCW Convention.

· The recognition of a third country, which has to be requested by a Member State, is carried out in the following way: at first, EMSA carries out an on the ground inspection of the maritime training and certification system and facilities in order to gather evidence regarding compliance with the standards of the STCW Convention; after that, on the basis of the findings of the inspection and the documents provided by the third country involved, the Commission Services gauge the STCW compliance of the system. The phase of assessment of compliance may entail a series of contacts with the involved third country, which may be willing to introduce adjustments to its legislation or practice to suit the Commission recommendations. The time needed for that depends on the nature and extent of those adjustments and the efforts made by the country in question. At the end of this process the Commission submits a draft decision (recognising the first country or withdrawing its recognition) to the Member States for their opinion, in the framework of a "comitology" procedure. The decision is finally adopted by the Commission and published in the Official Journal. The Commission recognition implies that Member States may recognise the certificates issued by the recognised country and that seafarers from that country will be entitled to work onboard the ships flying the flag of that Member State. Member States, however, are not obliged to recognise certificates from those countries, despite the recognition by the Commission. On the contrary, seafarers from non-recognised countries are not allowed to work on ships with an EU flag.

2. Legal elements of the proposal 2.1. The Content of the Proposal 2.1.1. Manila Amendments

As indicated above, the objective of the present proposal is to integrate into EU law the 2010 amendments to the STCW Convention, in order in particular to avoid any conflict between the international and the EU obligations of the Member States.

The 2010 amendments regard both the "Regulations" annexed to the Convention and the more technical "Code", whose Part "A", as explained, is mandatory. The main amendments to the Convention, which are reflected in the present proposal, are:

– Strengthened provisions concerning training and assessment, the issuance of certificates of competency, as well as for prevention of fraudulent practices;

– Updated standards relating to medical fitness, fitness for duty as well as alcohol abuse;

– New requirements concerning certification for able seafarers, for electro-technical officers as well as security-related training for all seafarers;

– Updated requirements for personnel on certain types of ships;

– Clarification and simplification of the definition of "certificate".

Finally, the proposal has adapted the STCW provisions on watchkeeping, in order to bring them in line with the EU rules on working time for seafarers.

2.1.2. Extension from three to eighteen months of the deadline set by Article 19(3) of Directive 2008/106

The proposal also aims to make more realistic the current three-month deadline for the recognition of third countries currently provided for in Article 19(3) of Directive 2008/106. This provision is about the timeframe available to the Commission to decide on the recognition of a third country following a request by a Member State.

It should be emphasised that this deadline originates from the previous procedure for recognition of third countries, put in place by Directive 2001/25/EC. Under that procedure Member States wishing to recognise a third country had to send to the Commission the documentation supporting their request. The work at EU level was therefore carried out on the basis of pre-arranged paperwork and without any involvement of the third country. The Commission had three months to examine the documents.

The current mechanism for recognising third countries, introduced by Directive 2003/103/EC, is radically different and the experience has revealed that the three-month deadline inherited from the previous procedure is totally unrealistic.

Under the current system, in fact, the recognition of a third country follows an on-the-spot inspection by EMSA, a report laid down by the latter, an exchange of correspondence between the Commission and the third country, an assessment by the Commission, the comitology procedure and finally the adoption of a decision.

In this context, first of all, third-country inspections have to be planned by EMSA, which implies that the inspection of the third country is not necessarily performed immediately after the request of the Member State.

Moreover, the assessment of a third country implies that the authorities of that country are involved in a process of dialogue with the Commission. This requires time, especially for the administration of the third country to remedy any initially detected deficiencies.

The whole of that makes the three-month deadline completely unrealistic. The experience gained from the implementation of Directive 2008/106 reveals that a reasonable time-frame for carrying out the whole procedure is eighteen months. The present proposal includes a provision amending Directive 2008/106 to that effect.

2.1.3. Providing the Commission with existing information on certificates

Especially in the course of the last decade it has become clear to policy-makers both at European and national level that complete and accurate data on seafarers can hardly be gathered. While a number of studies do exist, these are either based on assumptions, or are not sufficiently detailed at EU level. This point has also been highlighted by the Task Force on Maritime Employment and Competitiveness[3], which underlined the need for accurate statistics. A potential source of accurate data is the certificates and endorsements issued by the national administrations. Currently, under the STCW Convention State Parties are obliged to maintain registers of all certificates and endorsements and the relevant revalidations or other measures affecting them (Regulation I/2(14)). Similarly EU Member States, under Article 11(4) of Directive 2008/106, have the obligation to maintain a register of issued certificates and endorsements. While this is an important source of data, the different formats used by each Member State, as well as statistical problems (such as potential double counting of seafarers having obtained certificates or endorsements from various Member States) do not allow for a complete picture. The Commission, therefore, considers that the collection of the already existing information in the national registries in a harmonised and consistent way and fully in line with the requirements for the protection of personal information would provide significant help in order to achieve a sound statistical picture of the seafaring profession in Europe.

It should be emphasised that EMSA has already developed a platform to provide for the collection and the analysis of such information, through the "STCW Information System". This system has been presented to the Member States, which have shown interest in its potential and usefulness. The system has been submitted to the European Data Protection Supervisor who cleared it by letter to EMSA of 9 April 2008. The Supervisor requested on that occasion some adjustments that have been accepted by EMSA.

In conclusion, the present proposal foresees a new provision requiring the Member States to provide standardised information to the Commission for the purpose of statistical analysis. It is the intention of the Commission to use the EMSA "STCW Information System" as a platform for collecting the required information and for conducting statistical analysis as needed. The detailed content of such information is presented in a technical annex to the present proposal.

2.1.4. Adaptation to the new rules on "comitology"

Under the system set up by Directive 2008/106 comitology is relevant in two respects.

The first one regards technical adaptations, now limited to (the newly introduced) information requirements (Annex V).

The second one regards the procedure for the recognition of third countries. As mentioned, Directive 2008/106 provides for a comitology procedure for the recognition of third countries by the Commission.

Against this background, the Treaty of Lisbon has introduced significant changes to the "comitology" mechanism. Two categories of non-legislative acts have been created, that is, the "delegated acts" and the "implementing acts", both relevant to the present proposal.

In fact, under the new Treaty the procedure for technical adaptation of the directive is governed by the rules on "delegated acts", while the decisions on recognition of third countries by those on "implementing acts".

The present proposal contains provisions to that effect.

2.2. Entry into Force and Transitional Arrangements

The amendments to the STCW Convention agreed at Manila will enter into force on 1 January 2012 (under Article XII of the Convention and Attachment 1, Resolution 1(3) of the Final Act of the Manila Conference). Since at that point in time the present proposal will not have been adopted yet, it has been foreseen that the proposed directive should enter into force as soon as it is published in the Official Journal.

The Manila agreement also includes transitional arrangements (contained in Regulation I/15) aimed to allow that candidates having started their curriculum before the Manila amendments enter into force may complete it under the same rules. The transitional arrangements, in the same way, allow for the renewal and revalidation of certificates issued before the entry into force of the amended Convention on 1 January 2012. Since certificates have to be revalidated or renewed after five years at the latest, and considering that the maximum possible length of a curriculum is five years, the Manila Convention provides that both new certificates and renewals/revalidations may be completed/realised under the old rules until 1 January 2017.

Against this background, it is proposed that the Directive should mirror the Convention also with respect to transitional arrangements. The Convention's transitional arrangements have been therefore reproduced in the proposal.

2.3. Legal basis

Article 100(2) of the Treaty on the Functioning of the European Union

2.4. Subsidiarity principle

As the STCW Convention has been already transposed into EU law, it is justified that the amendments of the STCW Convention are transposed into EU law as well. Member States may not implement the STCW Convention on a homogenous level without the enforcement possibilities existing under EU law. If the Manila Amendments were not integrated into EU law, from January 2012 (when the amendments enter into force) Member States would breach either international law or EU law, a conflict which should be avoided.

2.5. Proportionality principle

If the Manila Amendments were not integrated into EU law, Member States would breach either international law or EU law, a conflict which should be avoided.

2.6. Choice of instruments

Since the measure to be amended is a directive, the most appropriate instrument appears to be a directive.

3. RESULTS OF CONSULTATIONS WITH THE INTERESTED PARTIES

It should be emphasised from the outset that, since the Member States are parties to the STCW Convention, they had the opportunity to express their views in the framework of the revision of the Convention, at the Manila Conference in particular; actually Member States actively took part in the Conference with the Commission organising the co-ordination of the EU position. Furthermore, under the STCW Convention all the parties may oppose any amendment by notifying their opposition to the IMO (Article XII of the Convention). In the case of the Manila amendments, opposition had to be notified by 1 July 2011 and no Member State did so.

As for the proposed directive, the experts of the Member States were consulted on the review exercise in a meeting which was held in Brussels on 3 December 2010. On that occasion the Member States unanimously expressed their wish that the Manila amendments should be integrated into EU law, while they considered that no overhaul of the directive should be carried out.

An occasion to consult stakeholders was offered by the work of the Task Force on Maritime Employment and Competitiveness, an independent body set up in July 2010 which finalised its work in June 2011 and issued a Report[4] containing policy recommendations to the Commission and the social partners on how to promote the seafaring profession in Europe. The report also addresses the issue of STCW and clearly favours the integration of updated international rules into EU law[5]

2011/0239 (COD)

Proposal for a

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

amending Directive 2008/106/EC of the European Parliament and of the Council on the minimum level of training of seafarers

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 100(2) thereof,

Having regard to the proposal from the European Commission,

After transmission of the draft legislative act to the national Parliaments,

Having regard to the opinion of the European Economic and Social Committee[6],

Having regard to the opinion of the Committee of the Regions[7],

Acting in accordance with the ordinary legislative procedure,

Whereas:

(1) Rules on training and certification of seafarers have been agreed at an international level by means of the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers ("STCW"), adopted in 1978 by conference at the International Maritime Organization (IMO), entered into force in 1984 and significantly amended in 1995.

(2) The STCW Convention has been integrated into Union law for the first time by Council Directive 94/58/EC of 22 November 1994 on the minimum level of training of seafarers[8]; afterwards the EU rules on training and certification of seafarers have been adapted to the subsequent amendments to the Convention, while a common EU mechanism for the recognition of the systems of training and certification of seafarers in the third countries has been set up; lately, the rules of the Union on this matter have through a recast become Directive 2008/106/EC of the European Parliament and of the Council of 19 November 2008[9].

(3) In 2010 a Conference between the State Parties to the STCW Convention was held in Manila and introduced several significant changes to the Convention, namely on the prevention of fraudulent practices for certificates, in the field of medical standards, in the matter of training on security and with respect to training in technology-related matters. The Manila amendments have also introduced requirements for able seafarers and established new professional profiles, such as electro-technical officers.

(4) All the Member States are parties to the Convention and none of them has objected to the Manila Amendments under the procedure foreseen to that effect. Member States have therefore to align their national rules with the Manila Amendments. A conflict between the international commitments of Member States and their EU commitments should be avoided. Moreover, given the global nature of shipping, the Union rules on training and certification of seafarers, should be kept in line with international rules. Several provisions of Directive 2008/106/EC should be consequently amended in order to reflect the Manila Amendments.

(5) At the Manila Conference the State-parties intended, amongst others, to set objective limits to the exceptions to the minimum rest hours for watchkeeping personnel and seafarers with designated safety, security and prevention of pollution related tasks. Also such new provisions should be integrated into EU law. However, they should respect the provisions on hours of rest applicable to seafarers under Council Directives 1999/63/EC of 21 June 1999[10] and 2009/13/EC of 16 February 2009[11]. Furthermore, the faculty of authorising exceptions should be limited in terms of maximum duration, frequency and scope. Provisions to this effect should be introduced in the directive.

(6) Directive 2008/106/EC also contains a mechanism for the recognition of the systems of training and certification of seafarers of the third countries. The recognition is realised by a decision of the Commission further to a procedure within which the Commission is assisted by the European Maritime Safety Agency (the Agency) established by Regulation (EC) No 1406/2002[12] and by the Committee on Safe Seas and the Prevention of Pollution from Ships (COSS), established by Regulation (EC) No 2099/2002[13]; the experience gained in applying the provisions of Directive 2008/106/EC on recognition of third countries for STCW purposes suggests that a change should be introduced in the relevant procedure, namely with respect to the three-month deadline for deciding on the recognition currently imposed on the Commission by Article 19(3) of the said Directive. Since the recognition requires an inspection to be performed by the Agency, which has to be planned and carried out, and, in most cases, significant adjustments to the STCW requirements by the involved third country, the whole process cannot be realised in three months; on the basis of experience, a more realistic time-frame in this respect appears to be eighteen months. The mentioned deadline should therefore be modified accordingly, while the possibility for the requesting Member State to provisionally recognise the third country should be kept in order to preserve flexibility.

(7) Available statistics on European seafarers are incomplete and often inaccurate, which makes policy-making in this delicate sector more difficult. Detailed data on certification of seafarers can not entirely solve this problem but they would clearly help. Under the STCW Convention State Parties are obliged to maintain registers of all certificates and endorsements and the relevant revalidations or other measures affecting them (Regulation I/2(14)). Member States, under Article 11(4) of Directive 2008/106, have the obligation to maintain a register of issued certificates and endorsements. In order to have a complete as possible picture of the labour employment situation in Europe, Member States should be required to send to the Commission selected information already contained in their registers of seafarers' certificates. This information should be used for statistical purposes and be in line with the data protection requirements of the Union. A provision to that effect should be introduced in Directive 2008/106/EC.

(8) In order to gather data on the seafaring profession consistently with the evolution of the latter and of technology, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of adaptations of Annex V of Directive 2008/106/EC. Those delegated acts would regard, in particular, the content of the information on endorsements, on certificates of competency or proficiency and on the number and details of seafarers whose certificates are issued or endorsed, taking into account the safeguards on data protection indicated in the mentioned Annex. Also, the Commission should have the power to adopt delegated acts in order to establish measures for collecting, storing and analysing this kind of statistical information by Member States with a view to accommodating new statistical needs on seafarers, and with a view to gathering information up-to-date and consistent with reality. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing-up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and Council.

(9) In order to ensure uniform conditions for the implementation of Directive 2008/106/EC implementing powers have been conferred on the Commission in the field of training and certification of seafarers. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission's exercise of implementing powers[14].

(10) The examination procedure should be used for the implementing decisions on the recognition and withdrawal of recognition of third countries STCW systems.

(11) The amendments to the Convention enter into force on 1 January 2012, while transitional arrangements until 1 January 2017 have been provided for in the Manila Agreement in order to allow for a smooth transition to the new rules. The present Directive should provide for the same timeframe and transitional arrangements.

(12) Directive 2008/106/EC should therefore be amended accordingly,

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Directive 2008/106/EC is amended as follows:

1)           Article 1 is amended as follows:

(a)          Point 18 is replaced by the following:

'18."Radio Regulations" means the revised radio regulations, adopted by the World Radiocommunication Conference for the Maritime Mobile Service in their up-to-date version;'.

(b)          Point 24 is replaced by the following:

'24."STCW Code" means the Seafarers’ Training, Certification and Watchkeeping (STCW) Code as adopted by Resolution 2 of the 2010 STCW Conference of Parties, in its up-to-date version;'.

(c)          Point 27 is deleted.

(d)          The following points are added:

'32. "GMDSS radio operator" means a person who is qualified in accordance with the provisions of chapter IV of Annex I;';

'33. "ISPS Code" means the International Ship and Port Facility Security (ISPS) Code adopted on 12 December 2002, by resolution 2 of the Conference of Contracting Governments to the International Convention for the Safety of Life at Sea (SOLAS), 1974, in its up-to-date version;';

'34. "ship security officer" means the person on board the ship, accountable to the master, designated by the Company as responsible for the security of the ship including implementation and maintenance of the ship security plan and liaison with the Company security officer and port facility security officers;';

'35. "security duties" include all security tasks and duties on board ships as defined by chapter XI/2 of the International Convention for the Safety of Life at Sea (SOLAS 1974, as amended) Convention and the International Ship and Port Facility Security (ISPS) Code;';

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

'37. "certificate of proficiency" means a certificate other than a Certificate of Competency issued to a seafarer stating that the relevant requirements of training, competencies or sea-going service in the Directive have been met;';

'38. "documentary evidence" means documentation, other than a certificate of competency or certificate of proficiency, used to establish that the relevant requirements of this Directive have been met;';

'39. "electro-technical officer" means an officer qualified in accordance with the provisions of Chapter III of Annex I;';

'40. "able seafarer deck" means a rating qualified in accordance with the provisions of Chapter II of Annex I;';

"41. "able seafarer engine" means a rating qualified in accordance with the provisions of Chapter III of Annex I.'.

2)           In Article 3, paragraph 1 is replaced by the following:

'1. Member States shall take the measures necessary to ensure that seafarers serving on ships as referred to in Article 2 are trained as a minimum in accordance with the requirements of the STCW Convention, as laid down in Annex I to this Directive, and hold certificates as defined in Article 1(36) and (37).'.

3)           Article 4 is deleted.

4)           Article 5 is amended as follows:

(a)          Paragraph 1 is replaced by the following:

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

(b)          Paragraph 3 is replaced by the following:

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

(c)          the following paragraph 3a is inserted:

'3a. Certificates shall be issued only by the Member States, following verification of the authenticity and validity of any necessary documentary evidence and in accordance with the provisions laid down in this Article.';

(d)          At the end of paragraph 5 the following sentence is added:

'Endorsements shall be issued only if all the requirements of the STCW Convention and this Directive have been complied with.'.

(e)          Paragraphs 6 and 7 are replaced by the following:

'6. A Member State which recognises a certificate of competency or a certificate of proficiency issued to masters and officers in accordance with the provisions of regulations V/1-1 and V/1-2 of Annex I under the procedure laid down in Article 19(2) shall endorse such certificate to attest its recognition only after ensuring the authenticity and validity of the certificate. 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:

(a) may be issued as separate documents;

(b) shall be issued by Member States only;

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

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

(f)           the following paragraphs are added:

'11. Each candidate for certification shall provide satisfactory proof:

(a) of his identity;

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

(c) that he meets the standards of medical fitness, specified in section A-I/9 of the STCW Code;

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

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

12. Each Member State shall undertake:

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

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

(c) to make available to the Commission on a yearly basis the information indicated in Annex V to this Directive, for the purposes of statistical analysis.

13. As of 1 January 2017, the information required to be available in accordance with paragraph 12 shall be made available through electronic means.'.

5)           Article 7 is amended as follows:

(a)          the following paragraph 1a is inserted:

'1a. A Member State, for ships afforded the benefits of the near-coastal voyage provisions of the STCW Convention, which includes voyages off the coast of other Member States or Parties to the STCW Convention within the limits of their near-coastal definition, shall enter into an undertaking with the Member States or Parties concerned specifying the details of both involved trading areas and other relevant provisions.'.

(b)          the following paragraphs 3a and 3b are inserted :

'3a. The certificates of seafarers issued by a Member State or a Party to the STCW Convention for its defined near-coastal voyages limits may be accepted by other Member States for service in their defined near-coastal voyages limits, provided the Member States or Parties concerned enter into an undertaking specifying the details of involved trading areas and other relevant conditions thereof.

3b. Member States defining near-coastal voyages, in accordance with requirements of this Article, shall:

(a) meet the principles governing near-coastal voyages specified in section A-I/3 of the STCW Code;

(b) incorporate the near-coastal voyages limits in the endorsements issued pursuant to Article 5.'.

6)           In Article 9, paragraphs 1 and 2 are replaced by the following:

'1. Member States shall establish processes and procedures for the impartial investigation of any reported incompetence, act, omission or compromise to security, 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. Member States shall take and enforce appropriate measures to prevent fraud and other unlawful practices involving certificates and endorsements issued.'.

7)           Article 10 is amended as follows:

(a)          Paragraph 1 is amended as follows:

(i)           point (a) is replaced by the following:

'(a)     all training, assessment of competence, certification, including medical 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;'.

(ii)          point (c) is replaced by the following:

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

(b)          In paragraph 2 the following point (d) is added:

'd)      all applicable provisions of this Directive and the STCW Convention and Code, including amendments are covered by the quality standards system.'.

(c)          Paragraph 3 is replaced by the following:

'3. A report relating to each evaluation carried out pursuant to paragraph 2 shall be communicated by the Member State concerned to the Commission, in accordance with the format specified in section A-I/7 of the STCW Code, within six months of the date of the evaluation.'.

8)           Article 11 is replaced by the following:

'Article 11

Medical standards

1. Each Member State shall establish standards of medical fitness for seafarers and procedures for the issue of a medical certificate in accordance with the provisions of this Article and Section A-I/9 of the STCW Code.

2. Each Member State shall ensure those responsible for assessing the medical fitness of seafarers are medical practitioners recognised by that Member State for the purpose of seafarer medical examinations, in accordance with the provisions of section A-I/9 of the STCW Code.

3. Every seafarer holding a certificate issued under the provisions of the Convention who is serving at sea, shall, also hold a valid medical certificate issued in accordance with the provisions of this Article and of Section A-I/9 of the STCW Code.

4. Every candidate for certification shall:

(a) be not less than 16 years of age;

(b) provide satisfactory proof of his identity; and

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

5. Medical certificates shall remain valid for a maximum period of two years unless the seafarer is under the age of 18, in which case the maximum period of validity shall be one year.

6. If the period of validity of a medical certificate expires in the course of a voyage, then the medical certificate shall remain in force until the arrival in the next port of call where a medical practitioner recognised by the Member State is available, provided that the period shall not exceed three months.

7. In urgent cases a Member State may permit a seafarer to work without a valid medical certificate until the arrival in the next port of call where a recognised medical practitioner recognised by that Member State is available, provided that:

(a) the period of such permission does not exceed three months; and

(b) the seafarer concerned is in possession of an expired medical certificate of recent date.'.

9)           Article 12 is amended as follows:

(a)          the following paragraph 2a is inserted:

'2a. Every master and officer shall, for continuing seagoing service onboard tankers, meet the requirements of paragraph 1 of this Article and be required, at intervals not exceeding five years, to establish continued professional competence for tankers in accordance with section A-I/11, paragraph 3 of the STCW Code.'.

(b)          In paragraph 3) the reference to "1 February 2002" is replaced by a reference to "1 January 2017".

(c)          Paragraph 5 is replaced by the following:

'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, security and the protection of the marine environment are made available to ships entitled to fly its flag.'.

10)         In Article 13, paragraph 2 is deleted.

11)         Article 14 is amended as follows:

(a)          In paragraph 1, the following points (f) and (g) are added

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

(g)     at all times on board its ships there shall be effective oral communication in accordance with chapter V, regulation 14, paragraphs 3 and 4 of the SOLAS Convention.'.

(b)          The following paragraph 4 is added :

'4. Companies shall ensure that masters, officers and other personnel assigned specific duties and responsibilities on board their ro-ro passenger ships shall have completed familiarization training to attain the abilities that are appropriate to the capacity to be filled and duties and responsibilities to be taken up, taking into account the guidance given in section B-I/14 of the STCW Code.'.

12)       Article 15 is replaced by the following:

'Fitness for Duty

1. For the purpose of preventing fatigue, Member States shall

(a) establish and enforce rest periods for watchkeeping personnel and those whose duties involve designated safety, security and prevention of pollution duties in accordance with paragraphs 3 to 15;

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

2. Member States shall, for the purpose of preventing drug and alcohol abuse, ensure that adequate measures are established in accordance with the provisions laid down in this Article.

3. Member States shall take account of the danger posed by fatigue of seafarers, especially those whose duties involve the safe and secure operation of a ship.

4. All persons who are assigned duty as officer in charge of a watch or as a rating forming part of a watch, and those whose duties involve designated safety, prevention of pollution and security duties shall be provided with a rest period of not less than:

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

(b) 77 hours in any 7-day period.

5. The hours of rest may be divided into no more than two periods, one of which shall be at least 6 hours in length, and the intervals between consecutive periods of rest shall not exceed 14 hours.

6. The requirements for rest periods laid down in paragraphs 4 and 5 need not be maintained in the case of an emergency or drill or in other overriding operational conditions. Musters, fire-fighting and lifeboat drills, and drills prescribed by national laws and regulations and by international instruments, shall be conducted in a manner that minimizes the disturbance of rest periods and does not induce fatigue.

7. Member States shall require that watch schedules be posted where they are easily accessible. The schedules shall be established in a standardized format in the working language or languages of the ship and in English.

8. When a seafarer is on call, such as when a machinery space is unattended, the seafarer shall have an adequate compensatory rest period if the normal period of rest is disturbed by call-outs to work.

9. Member States shall require that records of daily hours of rest of seafarers be maintained in a standardized format, in the working language or languages of the ship and in English, to allow monitoring and verification of compliance with the provisions of this article. The seafarers shall receive a copy of the records pertaining to them, which shall be endorsed by the master, or by a person authorized by the master, and by the seafarer.

10. Notwithstanding the rules laid down in paragraphs 3 to 9, the master of a ship shall be entitled to require a seafarer to perform any hours of work necessary for the immediate safety of the ship, persons on board or cargo, or for the purpose of giving assistance to other ships or persons in distress at sea. Accordingly, the master may suspend the schedule of hours of rest and require a seafarer to perform any hours of work necessary until the normal situation has been restored. As soon as practicable after the normal situation has been restored, the master shall ensure that any seafarers who have performed work in a scheduled rest period are provided with an adequate period of rest.

11. With due regard for the general principles of the protection of the health and safety of workers, Member States may authorise or register collective agreements permitting exceptions to the required hours of rest in paragraph 4(b) and 5 provided that the rest period is no less than 70 hours in any 7-day period. Such exceptions shall, in accordance with directive 1999/63/EC, as far as possible, follow the standards set out but may take account of more frequent or longer leave periods, or the granting of compensatory leave and should equally, as far as possible, take into account the guidance regarding prevention of fatigue laid down in section B-VIII/1 of the STCW Code.

12. Exceptions referred to in paragraph 11 to the weekly rest period provided for in paragraph 4(b) shall not be allowed for more than two consecutive weeks. The intervals between two periods of exceptions on board shall not be less than twice the duration of the exception.

13. In the framework of possible exceptions to paragraph 5 referred to in paragraph 11, the hours of rest provided for in paragraph 4(a) may be divided into no more than three periods, one of which shall be at least 6 hours in length and neither of the two other periods shall be less than one hour in length. The intervals between consecutive periods of rest shall not exceed 14 hours. Exceptions shall not extend beyond two 24-hour periods in any 7-day period.

14. Member States shall establish, for the purpose of preventing alcohol abuse, a limit of not greater than 0.05% blood alcohol level (BAC) or 0.25 mg/l alcohol in the breath or a quantity of alcohol leading to such alcohol concentration for masters, officers and other seafarers while performing designated safety, security and marine environmental duties.'.

13)         In Article 19, paragraph 3 is replaced by the following:

'3. The decision on the recognition of a third country shall be taken by the Commission in accordance with the examination procedure referred to in Article 28(2), within eighteen months from the date of the request for the recognition. The Member State submitting the request may decide to recognise the third country unilaterally until a decision is taken under this paragraph.'.

14)         In Article 20, paragraph 6 is replaced by the following:

'6. The decision on the withdrawal of the recognition shall be taken in accordance with the examination procedure referred to in Article 28(2). The Member States concerned shall take appropriate measures to implement the decision.'.

15)         In Article 23, paragraph 2 is amended as follows:

(a)          the introductory sentence is replaced by the following:

'2. The ability of the ship’s seafarers to maintain watchkeeping and security standards, as appropriate, 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:'.

(b)          point (d) is replaced by the following:

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

16)         The following Article 25a is inserted:

'Article 25a

Information for statistical purposes

1.           The Member States shall communicate the information listed in Annex V to the Commission for statistical purposes.

2.           This information shall be made available by Member States to the Commission on a yearly basis and in electronic format and will include information registered until 31 December of the previous year.

3.           The Commission shall be empowered to adopt delegated acts in accordance with Article 27a in order to establish appropriate measures for collecting, storing and analysing this information.'.

17)       Article 27 is replaced by the following:

'The Commission shall be empowered to adopt delegated acts amending Annex V to this Directive with respect to specific and relevant content and details of the information that need to be reported by Member States, while taking into account the safeguards on data protection, in accordance with Article 27a.'.

18)         The following Article 27a is inserted:

'Article 27a

Exercise of the delegation

1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.

2. The delegation of power referred to in Article 25a and Article 27 shall be conferred on the Commission for an indeterminate period of time from the date of entry into force of this Directive.

3. The delegation of power referred to in Article 25a and Article 27 may be revoked at any time by the European Parliament or by the Council. A decision of revocation shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

4. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.

5. A delegated act adopted pursuant to Article 25a and Article 27 shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of 2 months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by 2 months at the initiative of the European Parliament or the Council.'.

19)         Article 28 is replaced by the following:

'Article 28

Committee

'1. The Commission shall be assisted by the Committee on Safe Seas and the Prevention of Pollution from Ships (COSS) established by Regulation (EC) No 2099/2002.That committee shall be a committee within the meaning of Regulation (EU ) No. 182/2011.

2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply. '. '

20)         Articles 29 and 30 are replaced by the following:

'Article 29

Penalties

Member States shall lay down systems of penalties for breaching the national provisions adopted pursuant to Articles 3, 5, 7, 9 to 15, 17, 18, 19, 22, 23, 24 and Annex I, and shall take all the measures necessary to ensure that they are implemented. The penalties provided for must be effective, proportionate and dissuasive.

Article 30

Transitional provisions

1. In respect of those seafarers who commenced approved seagoing service, approved education and training programme or an approved training course before 1 July 2013, a Member State may continue to issue, recognise and endorse, until 1 January 2017, certificates in accordance with the requirements of this Directive as they were before the present Directive entered into force.

Until 1 January 2017, a Member State may continue to renew and revalidate certificates and endorsements in accordance with the requirements of this Directive as they were before the present Directive entered into force.'

21)         Article 33 is deleted.

22)         The Annexes are amended as follows:

(a)          Annex I to Directive 2008/106/EC is replaced by Annex I to this Directive.

(b)          Annex II to Directive 2008/106/EC is amended as laid down in Annex II to this Directive.

(c)          The text set out in Annex III to this Directive is added as Annex V to Directive 2008/106/EC.

Article 2

Entry into force

This Directive shall enter into force from the twentieth day following its publication in the Official Journal of the European Union.

It shall apply from 1 January 2012.

Article 3

Transposition

1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 31 December 2012 at the latest. They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive.

When Member States adopt such provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.

2. Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.

Article 4

Addressees

This Directive is addressed to the Member States.

Done at Brussels,

For the European Parliament                       For the Council

The President                                                 The President

'ANNEX I TRAINING REQUIREMENTS OF THE STCW CONVENTION, REFERRED TO IN ARTICLE 3

CHAPTER I GENERAL PROVISIONS

1. The Regulations referred to in this Annex are supplemented by the mandatory provisions contained in Part A of the STCW Code with the exception of Chapter VIII, Regulation VIII/2.

Any reference to a requirement in a Regulation also constitutes a reference to the corresponding section of Part A of the STCW Code.

Member States shall ensure that seafarers possess adequate language proficiency, as defined in Sections A-II/1, A-III/1, A-IV/2 and A-II/4 of the STCW Code so as to enable them to perform their specific duties on a vessel flying the flag of a host Member State.

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) Radio communications,

at the following levels of responsibility:

(1) Management level;

(2) Operational level;

(3) Support level.

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

CHAPTER II MASTER AND DECK DEPARTMENT

Regulation II/1

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

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

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 12 months 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 36 months;

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

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

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

2.6. meet the standard of competence specified in section A-VI/1, paragraph 2, section A-VI/2 paragraphs 1 to 4, section A-VI/3 paragraphs 1 to 4 and section A-VI/4 paragraphs 1 to 3 of the STCW Code.

Regulation II/2

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

Master and chief mate on ships of 3000 gross tonnage or more

1. Every master and chief mate on a seagoing ship of 3000 gross tonnage or more shall hold a certificate of competency.

2. Every candidate for certification shall:

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

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

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

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

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

1. Every master and chief mate on a seagoing ship of between 500 and 3000 gross tonnage shall hold a certificate of competency.

2. Every candidate for certification shall:

2.1. 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;

2.2. 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;

2.3. have completed approved training and meet the standard of competence specified in Section A-II/2 of the STCW Code for masters and chief mates on ships of between 500 and 3000 gross tonnage.

Regulation II/3

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

Ships not engaged on near-coastal voyages

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

2. Every master serving on a seagoing ship of less than 500 gross tonnage not engaged on near-coastal voyages shall hold a certificate of competency for service as master on ships of between 500 and 3000 gross tonnage.

Ships engaged on near-coastal voyages

Officer in charge of a navigational watch

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

2. 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:

2.1. be not less than 18 years of age;

2.2. have completed:

2.2.1. special training, including an adequate period of appropriate seagoing service as required by the Member State; or

2.2.2. approved seagoing service in the deck department of not less than 36 months;

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

2.4. 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;

2.5. meet the standard of competence specified in section A-VI/1, paragraph 2, section A-VI/2 paragraphs 1 to 4, section A-VI/3 paragraphs 1 to 4 and section A-VI/4 paragraphs 1 to 3 of the STCW Code;

Master

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

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

1.1. be not less than 20 years of age;

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

1.3. 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;

1.4. meet the standard of competence specified in section A-VI/1, paragraph 2, section A-VI/2 paragraphs 1 to 4, section A-VI/3 paragraphs 1 to 4 and section A-VI/4 paragraphs 1 to 3 of the STCW Code.

2. Exemptions

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

Regulation II/4

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

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

2. Every candidate for certification shall:

2.1. be not less than 16 years of age;

2.2. have completed:

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

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

2.5. meet the standard of competence specified in Section A-II/4 of the STCW Code.

3. The seagoing service, training and experience required by points 2.2.1 and 2.2.2 shall be associated with navigational watchkeeping functions and involve the performance of duties carried out under the direct supervision of the master, the officer in charge of the navigational watch or a qualified rating.

Regulation II/5

Mandatory minimum requirements for certification of ratings as able seafarer deck

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

2. Every candidate for certification shall:

2.1. be not less than 18 years of age;

2.2. meet the requirements for certification as a rating forming part of a navigational watch;

2.3. while qualified to serve as a rating forming part of a navigational watch, have approved seagoing service in the deck department of:

2.3.1. not less than 18 months, or

2.3.2. not less than 12 months and have completed approved training; and

2.4. meet the standard of competence specified in section A-II/5 of the STCW Code.

3. Every Member State shall compare the standards of competence which it required of Able Seamen for certificates issued before 1 January 2012 with those specified for the certificate in section A-II/5 of the STCW Code, and shall determine the need, if any, for requiring these personnel to update their qualifications.

4. Until 1 January 2017, a Member State which is also a party to the International Labour Organisation Certification of Able Seamen Convention, 1946 (No 74) may continue to renew and revalidate certificates and endorsements in accordance with the provisions of the aforesaid Convention.

5. Seafarers may be considered by the Member State to have met the requirements of this regulation if they have served in a relevant capacity in the deck department for a period of not less than 12 months within the last 60 months preceding the entry into force of the present directive

CHAPTER III ENGINE DEPARTMENT

Regulation III/1

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

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

2. Every candidate for certification shall:

2.1. be not less than 18 years of age;

2.2. have completed combined workshop skill training and an approved seagoing service of not less than 12 months as part of an approved training programme which includes onboard training which meets the requirements of section A-III/1 of the STCW Code and is documented in an approved training record book, or otherwise have completed combined workshop skill training and an approved seagoing service of not less than 36 months of which not less than 30 months will be seagoing service in the engine department;

2.3. have performed, during the required seagoing service, engine-room watchkeeping duties under the supervision of the chief engineer officer or a qualified engineer officer for a period of not less than six months;

2.4. have completed approved education and training and meet the standards of competence specified in Section A-III/1 of the STCW Code;

2.5. meet the standards of competence specified in section A-VI/1, paragraph 2, section A-VI/2, paragraphs 1 to 4, section A-VI/3, paragraphs 1 to 4 and section A-VI/4, paragraphs 1 to 3 of the STCW Code.

Regulation III/2

Mandatory minimum requirements for certification of chief engineer officers and second engineer officers on ships powered by main propulsion machinery of 3000 kW propulsion power or more

1. Every chief engineer officer and second engineer officer on a seagoing ship powered by main propulsion machinery of 3000 kW propulsion power or more shall hold a certificate of competency.

2. Every candidate for certification shall:

2.1. meet the requirements for certification as an officer in charge of an engineering watch on seagoing ships powered by main propulsion machinery of 750 kW propulsion power or more and have approved seagoing service in that capacity:

2.1.1. for certification as a second engineer officer, not less than 12 months as qualified engineer officer; and

2.1.2. for certification as chief engineer officer, 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 second engineer officer; and

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

Regulation III/3

Mandatory minimum requirements for certification of chief engineer officers and second engineer officers on ships powered by main propulsion machinery of between 750 kW and 3000 kW propulsion power

1. Every chief engineer officer and second engineer officer on a seagoing ship powered by main propulsion machinery of between 750 and 3000 kW propulsion power shall hold a certificate of competency.

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 as second engineer officer;

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

3. Every engineer officer who is qualified to serve as second engineer officer on ships powered by main propulsion machinery of 3000 kW propulsion power or more, may serve as chief engineer officer on ships powered by main propulsion machinery of less than 3000 kW propulsion power, provided that the certificate is so endorsed.

Regulation III/4

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

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

2. Every candidate for certification shall:

2.1. be not less than 16 years of age;

2.2. have completed:

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

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

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

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

Regulation III/5

Mandatory minimum requirements for certification of ratings as able seafarer engine in a manned engine-room or designated to perform duties in a periodically unmanned engine-room

1. Every able seafarer engine serving on a seagoing ship powered by main propulsion machinery of 750 kW propulsion power or more shall be duly certificated.

2. Every candidate for certification shall:

2.1. be not less than 18 years of age;

2.2. meet the requirements for certification as a rating forming part of a watch in a manned engine-room or designated to perform duties in a periodically unmanned engine-room;

2.3. while qualified to serve as a rating forming part of an engineering watch, have approved seagoing service in the engine department of:

2.3.1. not less than 12 months, or

2.3.2. not less than 6 months and have completed approved training; and

2.4. meet the standard of competence specified in section A-III/5 of the STCW Code.

3. Every Member State shall compare the standards of competence which it required of ratings in the engine department for certificates issued before 1 January 2012 with those specified for the certificate in section A-III/5 of the STCW Code, and shall determine the need, if any, for requiring these personnel to update their qualifications.

4. Seafarers may be considered by the Member State to have met the requirements of this regulation if they have served in a relevant capacity in the engine department for a period of not less than 12 months within the last 60 months preceding the entry into force of this Directive.

Regulation III/6

Mandatory minimum requirements for certification of electro-technical officer

1. Every electro-technical officer serving on a seagoing ship powered by main propulsion machinery of 750 kW propulsion power or more, shall hold a certificate of competency.

2. Every candidate for certification shall:

2.1. be not less than 18 years of age;

2.2. have completed not less than 12 months of combined workshop skills training and approved seagoing service of which not less than 6 months will be seagoing service as part of an approved training programme which meets the requirements of section A-III/6 of the STCW Code and is documented in an approved training record book, or otherwise not less than 36 months of combined workshop skills training and approved seagoing service of which not less than 30 months will be seagoing service in the engine department; and

2.3. have completed approved education and training and meet the standards of competence specified in section A-III/6 of the STCW Code.

3. Every Member State shall compare the standards of competence which it required of electro-technical officers for certificates issued before 1 January 2012 with those specified for the certificate in section A-III/6 of the STCW Code, and shall determine the need for requiring those personnel to update their qualifications.

4. Seafarers may be considered by the Member State to have met the requirements of this regulation if they have served in a relevant capacity on board a ship for a period of not less than 12 months within the last 60 months preceding the entry into force of this Directive and meet the standard of competence specified in section A-III/6 of the STCW Code.

5. Notwithstanding the above requirements of Paragraphs 1 to 4, a suitably qualified person may be considered by a Member State able to perform certain functions of section A-III/6.

Regulation III/7

Mandatory minimum requirements for certification of electro-technical rating

1. Every electro-technical rating serving on a seagoing ship powered by main propulsion machinery of 750 kW propulsion power or more shall be duly certificated.

2. Every candidate for certification shall:

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

(2) have completed approved seagoing service including not less than 12 months training and experience, or

(3) have completed approved training, including an approved period of seagoing service which shall not be less than 6 months; or

(4) have qualifications that meet the technical competences in table A-III/7 of the STCW Code and an approved period of seagoing service, which shall not be less than 3 months; and

(5) meet the standard of competence specified in section A-III/7 of the STCW Code;

3. Every Member State shall compare the standards of competence which it required of electro-technical ratings for certificates issued before 1 January 2012 with those specified for the certificate in section A-III/7 of the STCW Code, and shall determine the need, if any, for requiring these personnel to update their qualifications.

4. Seafarers may be considered by the Member State to have met the requirements of this regulation if they have served in a relevant capacity on board a ship for a period of not less than 12 months within the last 60 months preceding the entry into force of this Directive and meet the standard of competence specified in section A-III/7 of the STCW Code.

5. Notwithstanding the above requirements of Paragraphs 1 to 4, a suitably qualified person may be considered by a Member State able to perform certain functions of section A-III/7.

CHAPTER IV RADIO COMMUNICATION AND RADIO PERSONNEL

Explanatory note

Mandatory provisions relating to radio watchkeeping are set forth in the Radio Regulations and in the SOLAS 74, as amended. Provisions for radio maintenance are set forth in the SOLAS 74, as amended, and the guidelines adopted by the International Maritime Organisation.

Regulation IV/1

Application

1. Except as provided in point 2, the provisions of this chapter apply to radio operators on ships operating in the global maritime distress and safety system (GMDSS) as prescribed by the SOLAS 74, as amended.

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

Regulation IV/2

Mandatory minimum requirements for certification of GMDSS radio operators

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

2. In addition, every candidate for certification of competency under this regulation for service on a ship which is required by the SOLAS 74, as amended, to have a radio installation shall:

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

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

CHAPTER V SPECIAL TRAINING REQUIREMENTS FOR PERSONNEL ON CERTAIN TYPES OF SHIPS

Regulation V/1-1

Mandatory minimum requirements for the training and qualifications of masters, officers and ratings on oil and chemical tankers

1. Officers and ratings assigned specific duties and responsibilities related to cargo or cargo equipment on oil or chemical tankers shall hold a certificate in basic training for oil and chemical tanker cargo operations.

2. Every candidate for a certificate in basic training for oil and chemical tanker cargo operations shall have completed basic training in accordance with provisions of section A-VI/1 of the STCW Code and shall have completed:

(1) at least three months of approved seagoing service on oil or chemical tankers and meet the standard of competence specified in section A-V/1-1, paragraph 1 of the STCW Code; or

(2) an approved basic training for oil and chemical tanker cargo operations and meet the standard of competence specified in section A-V/1-1, paragraph 1 of the STCW Code.

3. Masters, chief engineer officers, chief mates, second engineer officers and any person with immediate responsibility for loading, discharging, care in transit, handling of cargo, tank cleaning or other cargo-related operations on oil tankers shall hold a certificate in advanced training for oil tanker cargo operations.

4. Every candidate for a certificate in advanced training for oil tanker cargo operations shall:

(1) meet the requirements for certification in basic training for oil and chemical tanker cargo operations; and

(2) while qualified for certification in basic training for oil and chemical tanker cargo operations have:

(3) at least three months of approved seagoing service on oil tankers, or

(a) at least one month of approved onboard training on oil tankers in a supernumerary capacity which includes at least three loading and three unloading operations and is documented in an approved training record book taking into account guidance in section B-V/1 of the STCW Code and

(b) have completed approved advanced training for oil tanker cargo operations and meet the standard of competence specified in section A-V/1-1, paragraph 2 of the STCW Code.

5. Masters, chief engineer officers, chief mates, second engineer officers and any person with immediate responsibility for loading, discharging, care in transit, handling of cargo, tank cleaning or other cargo-related operations on chemical tankers shall hold a certificate in advanced training for chemical tanker cargo operations.

6. Every candidate for a certificate in advanced training for chemical tanker cargo operations shall:

(1) meet the requirements for certification in basic training for oil and chemical tanker cargo operations; and

(2) while qualified for certification in basic training for oil and chemical tanker cargo operations have:

(a) at least three months of approved seagoing service on chemical tankers, or

(b) at least one month of approved onboard training on chemical tankers in a supernumerary capacity which includes at least three loading and three unloading operations and is documented in an approved training record book taking into account guidance in section B-V/1 of the STCW Code; and

(3) have completed approved advanced training for chemical tanker cargo operations and meet the standard of competence specified in section A-V/1-1, paragraph 3 of the STCW Code.

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

Regulation V/1-2

Mandatory minimum requirements for the training and qualifications of masters, officers and ratings on liquefied gas tankers

1. Officers and ratings assigned specific duties and responsibilities related to cargo or cargo equipment on liquefied gas tankers shall hold a certificate in basic training for liquefied gas tanker cargo operations.

2. Every candidate for a certificate in basic training for liquefied gas tanker cargo operations shall have completed basic training in accordance with provisions of section A-VI/1 of the STCW Code and shall have completed:

(1) at least three months of approved seagoing service on liquefied gas tankers and meet the standard of competence specified in section A-V/1-2, paragraph 1 of the STCW Code; or

(2) an approved basic training for liquefied gas tanker cargo operations and meet the standard of competence specified in section A-V/1-2, paragraph 1 of the STCW Code.

3. Masters, chief engineer officers, chief mates, second engineer officers and any person with immediate responsibility for loading, discharging, care in transit, handling of cargo, tank cleaning or other cargo-related operations on liquefied gas tankers shall hold a certificate in advanced training for liquefied gas tanker cargo operations.

4. Every candidate for a certificate in advanced training for liquefied gas tanker cargo operations shall:

(1) meet the requirements for certification in basic training for liquefied gas tanker cargo operations; and

(2) while qualified for certification in basic training for liquefied gas tanker cargo operations have:

(a) at least three months of approved seagoing service on liquefied gas tankers, or

(b) at least one month of approved onboard training on liquefied gas tankers in a supernumerary capacity which includes at least three loading and three unloading operations and is documented in an approved training record book taking into account guidance in section B-V/1 of the STCW Code; and

(3) have completed approved advanced training for liquefied gas tanker cargo operations and meet the standard of competence specified in section A-V/1-2, paragraph 2 of the STCW Code.

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

Regulation V/2

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

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

2. Prior to being assigned shipboard duties on board passenger ships, seafarers shall have completed the training required by Paragraph 4 to 7 below in accordance with their capacities, duties and responsibilities.

3. Seafarers who are required to be trained in accordance with Paragraph 4,6 and 7 shall at intervals not exceeding five years undertake appropriate refresher training or be required to provide evidence of having achieved the required standard of competence within the previous five years.

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

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

6. Masters, chief engineer officers, chief mates, second engineer officers and any person designated on muster lists of having responsibility for the safety of passengers in emergency situations on board passenger ships shall have completed approved training in crisis management and human behaviour as specified in section A-V/2, paragraph 3 of the STCW Code.

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

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

CHAPTER VI EMERGANCY, OCCUPATIONAL SAFETY, SECURITY, MEDICAL CARE AND SURVIVAL FUNCTIONS

Regulation VI/1

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

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

2. Where basic training is not included in the qualification for the certificate to be issued, a certificate of proficiency shall be issued indicating that the holder has attended the course in basic training.

Regulation VI/2

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

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

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

(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; and

(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:

(1) be the holder of a certificate of proficiency in survival craft and rescue boats other than fast rescue boats;

(2) have attended an approved training course; and

(3) meet the standard of competence for certificates of proficiency in fast rescue boats set out in Section A-VI/2, paragraphs 7 to 10, of the STCW Code.

Regulation VI/3

Mandatory minimum requirements for training in advanced firefighting

1. Seafarers designated to control firefighting operations shall have successfully completed advanced training in techniques for fighting fire with particular emphasis on organisation, tactics and command in accordance with the provisions of Section A-VI/3 paragraphs 1 to 4 of the STCW Code and shall meet the standard of competence specified therein.

2. Where training in advanced firefighting is not included in the qualifications for the certificate to be issued, a certificate of proficiency, shall be issued indicating that the holder has attended a course of training in advanced firefighting.

Regulation VI/4

Mandatory minimum requirements relating to medical first aid and medical care

1. Seafarers designated to provide medical first aid on board ship shall meet the standard of competence in medical first aid specified in Section A-VI/4, paragraphs 1, 2 and 3, of the STCW Code.

2. Seafarers designated to take charge of medical care on board ship shall meet the standard of competence in medical care on board ships specified in Section A-VI/4, paragraphs 4, 5 and 6, of the STCW Code.

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

Regulation VI/5

Mandatory minimum requirements for the issue of certificates of proficiency for ship security officers

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

(1) have approved seagoing service of not less than 12 months or appropriate seagoing service and knowledge of ship operations; and

(2) meet the standard of competence for certification of proficiency as ship security officer, set out in section A-VI/5, paragraphs 1 to 4, of the STCW Code.

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

Regulation VI/6

Mandatory minimum requirements for security related training and instruction for all seafarers

1. Seafarers shall receive security-related familiarization and security-awareness training or instruction in accordance with section A-VI/6, paragraph 1 to 4 of the STCW Code and shall meet the appropriate standard of competence specified therein.

2. Where security awareness is not included in the qualification for the certificate to be issued, a certificate of proficiency shall be issued indicating that the holder has attended the course in security awareness training.

3. Every Member State shall compare the security-related training or instruction it requires of seafarers who hold or can document qualifications before the entry into force of this Directive, with those specified in section A-VI/6, paragraph 4 of the STCW Code, and shall determine the need for requiring these seafarers to update their qualifications.

Seafarers with designated security duties

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

5. Where training in designated security duties is not included in the qualifications for the certificate to be issued, a certificate of proficiency shall be issued indicating that the holder has attended a course of training for designated security duties.

6. Every Member State shall compare the security training standards required of seafarers with designated security duties who hold or can document qualifications before the entry into force of this directive with those specified in section A-VI/6, paragraph 8 of the STCW Code, and shall determine the need for requiring these seafarers to update their qualifications.

CHAPTER VII ALTERNATIVE CERTIFICATION

Regulation VII/1

Issue of alternative certificates

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

(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-II/5, A-III/1, A-III/2, A-III/3, A-III/4, A-III/5, and A-IV/2 of the STCW Code;

(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;

(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;

(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;

(5) the certificates are issued in accordance with the requirements of Article 2 and the provisions set forth in Chapter VII of the STCW Code.

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

Regulation VII/2

Certification of seafarers

Every seafarer who performs any function or group of functions specified in tables A-II/1, A-II/2, A-II/3, A-II/4 or A-II/5 of chapter II or in tables A-III/1, A-III/2, A-III/3, or A-III/4 or A-III/5 of chapter III or A-IV/2 of chapter IV of the STCW Code shall hold a certificate of competency or certificate of proficiency, as applicable.

Regulation VII/3

Principles governing the issue of alternative certificates

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

(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;

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

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

(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) 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:

(1) the issue of alternative certificates shall not be used in itself:

(a) to reduce the number of crew on board;

(b) to lower the integrity of the profession or "deskill" seafarers; or

(c) to justify the assignment of the combined duties of the engine and deck watchkeeping officers to a single certificate holder during any particular watch;

(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 points 1 and 2 shall ensure that the competency of both deck and engineer officers is maintained.'

Annex II

Point 3 of Annex II is replaced by the following:

'3. The Commission, assisted by the European Maritime Safety Agency and with the possible involvement of any Member State concerned, has confirmed, through an evaluation of that Party, which may include inspection of facilities and procedures, that the requirements of the Convention regarding standards of competence, training and certification and quality standards are fully complied with.'.

Annex III 'ANNEX V TYPE OF INFORMATION TO BE COMMUNICATED TO THE COMMISSION FOR STATISTICAL PURPOSES

1. Where reference is made to this Annex, the following information specified in Section A-I/2, paragraph 9 of the STCW Code for all certificates of competency or endorsements attesting their issue, all endorsements attesting the recognition of certificates of competency issued by other countries, and all certificates of proficiency issued to ratings, shall be provided:

Certificates of competency (CoC) / Endorsements attesting their issue (EaI):

– seafarer’s unique identifier;

– seafarer’s name;

– seafarer’s date of birth;

– seafarer’s nationality;

– seafarer’s gender;

– CoC endorsed number;

– EaI number;

– capacity(ies);

– date of issue or the most recent date of revalidation of the document;

– date of expiry;

– status of the certificate (valid, suspended, cancelled, reported lost, destroyed);

– limitations.

Endorsements attesting the recognition of certificates of competency issued by other countries (EaR):

– seafarer’s unique identifier;

– seafarer’s name;

– seafarer’s date of birth;

– seafarer’s nationality;

– seafarer’s gender;

– country issuing the original CoC;

– original CoC number;

– EaR number;

– capacity(ies);

– date of issue or the most recent date of revalidation of the document;

– date of expiry;

– status;

– limitations.

Certificates of proficiency for ratings (CoP) (if available):

– seafarer’s unique identifier;

– seafarer’s name;

– seafarer’s date of birth;

– seafarer’s nationality;

– seafarer’s gender;

– CoP number;

– capacity(ies);

– date of issue or date of the most recent revalidation of the document;

– date of expiry;

– status.

2. The items of information subject to data protection legislation can be provided in an anonymised format.

[1]               Council Directive 94/58/EC of 22 November 1994 on the minimum level of training of seafarers, OJ L 319, 12.12.1994, p. 28

[2]               Directive 94/58/EC was amended by Directive 98/35/EC and replaced by Directive 2001/25; Directive 2001/25 was amended by Directives 2002/84, 2003/103 and 2005/45; finally, it was replaced (and therefore repealed) by Directive 2008/106, OJ L 323, 03.12.2008, p.33.

[3]               The Task Force was composed of representatives of the main stakeholders involved, in particular seafarers and shipowners

[4]               Published on 20 July 2011

[5]               See Section 4.1.5.

[6]               OJ C […], […], p. […].

[7]               OJ C […], […], p. […].

[8]               OJ L 319, 12.12.1994, p. 28.

[9]               OJ L 323 , 3.12.2008, p. 33.

[10]               Council Directive 1999/63/EC of 21 June 1999 concerning the Agreement on the organisation of working time of seafarers concluded by the European Community Shipowners' Association (ECSA) and the Federation of Transport Workers' Unions in the European Union (FST) - Annex: European Agreement on the organisation of working time of seafarers OJ L 167, 2.7.1999, p. 33.

[11]               OJ L 124, 20.5.2009, p.30

[12]               OJ L 208, 05.08.2002, p. 1.

[13]               OJ L 324, 29.11.2002, p. 1.

[14]               OJ L 55, 28.2.2011, p. 13.