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Gibraltar Merchant Shipping (Manning, Training And Certification For Seafarers) Regulations 2006


Published: 2006-04-06

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I ASSENT Gibraltar Merchant Shipping (Safety, etc.) GIBRALTAR MERCHANT SHIPPING (MANNING, TRAINING
AND CERTIFICATION FOR SEAFARERS) REGULATIONS 2006
© Government of Gibraltar (www.gibraltarlaws.gov.gi)
1995-13
Subsidiary
2006/023 Regulations made under s.118.




GIBRALTAR MERCHANT SHIPPING (MANNING,
TRAINING AND CERTIFICATION FOR SEAFARERS)
REGULATIONS 2006

(LN. 2006/023)
Commencement 6.4.2006 (LN. 2006/038)


Amending
enactments
Relevant current
provisions
Commencement
date

LN. 2008/032 rr. 2, 12A, 29(a), 30A & 42A 8.5.2008
2014/112 rr. 2, 6(1), 9A-9C, 13(1), (2), (3),
13A, 13B, 14(1), (2), (2)(e), 15(1)-
(4), 16(1)-(5), 17(2), 18(1), (2),
19(1), (2), 19A, 20(1), (2), 21(2),
21A-21C, 26A, 26B, 27(1), (2),
(2A), (3), (5A),38(1)(f), (g), (8), 39,
42, 43(1), (8), (9), 44(1), (2), (2A),
44B, Schs. 1 & 2







4.7.2014
“ r. 44A 4.1.2015 1



EU Legislation/International Agreements involved:
Directive 2001/25/EC
Directive 2002/84/EC
Directive 2003/103/EC
Directive 2005/23/EC
Directive 2005/45/EC
Directive 2008/106/EC
Directive 2012/35/EU
International Convention for Safety of Life at Sea, 1974
International Convention on Standards of Training, Certification and
Watchkeeping for Seafarers, 1978
1 Commencement date corrected by Notice of Corrigenda – LN. 2015/015
Gibraltar Merchant Shipping (Safety, etc.) GIBRALTAR MERCHANT SHIPPING (MANNING, TRAINING
AND CERTIFICATION FOR SEAFARERS) REGULATIONS 2006
© Government of Gibraltar (www.gibraltarlaws.gov.gi)
1995-13
Subsidiary
2006/023 International Convention on Standards of Training, Certification and Watch keeping for Seafarers’

Gibraltar Merchant Shipping (Safety, etc.) GIBRALTAR MERCHANT SHIPPING (MANNING, TRAINING
AND CERTIFICATION FOR SEAFARERS) REGULATIONS 2006
© Government of Gibraltar (www.gibraltarlaws.gov.gi)
1995-13
Subsidiary
2006/023 ARRANGEMENT OF REGULATIONS

PART 1
Preliminary

1. Title and commencement.
2. Interpretation.
3. Application and administration of these Regulations.

PART 2
Manning and training

4. Requirement for safe manning document.
5. Procedure for safe manning document.
6. Requirement for training.
7. Familiarisation training.
8. Basic training.
9. Mandatory training and qualification for masters, officers and ratings
on tankers.
9A. Mandatory minimum requirements for the training and qualifications
of masters, officers and ratings on oil and chemical tankers.
9B. Mandatory minimum requirements for the training and qualifications
of masters, officers and ratings on liquefied gas tankers.
9C. Mandatory minimum requirements for the training and qualifications
of masters, officers, ratings and other personnel on passenger ships
engaged on international voyage.
10. Mandatory training and qualifications for masters, officers, ratings
and other personnel on passenger ships other than ro-ro passenger
ships.
11. Mandatory training and qualifications for masters, officers, ratings
and other personnel on ro-ro passenger ships.
12. Mandatory training for seafarers in advanced fire-fighting.
12A. Requirement of language proficiency for seafarers.



PART 3
Certification for seafarers

13. Requirement for certificates for seafarers.
13A. Certificates of competency, certificates of proficiency and
endorsements.
13B. Information to the Commission.
14. Certificates for officers in charge of a navigational watch on ships of
500 gross tonnage or more.
Gibraltar Merchant Shipping (Safety, etc.) GIBRALTAR MERCHANT SHIPPING (MANNING, TRAINING
AND CERTIFICATION FOR SEAFARERS) REGULATIONS 2006
© Government of Gibraltar (www.gibraltarlaws.gov.gi)
1995-13
Subsidiary
2006/023 15. Certificates for masters and Chief mates on ships of 500 gross tonnage or more.
16. Certificates for officers in charge of a navigational watch and of
masters on ships of less than 500 gross tonnage.
17. Certificates for ratings forming part of a navigational watch.
18. Certificates for Chief engineer officers and Second engineer officers
on ships powered by main propulsion machinery of 3000 kW
propulsion power or more.
19. Certificates for Chief engineer officers and Second engineer officers
on ships powered by main propulsion machinery of between 750 kW
and 3000 kW propulsion power.
19A. Certificates for ratings as able seafarer deck.
20. Certificates for officers in charge of an engineering watch in a
manned engine-room or designated duty engineers in a periodically
unmanned engine-room.
21. Certificates for ratings forming part of a watch in a manned engine-
room or designated to perform duties in a periodically unmanned
engine-room.
21A. Certification of ratings as able seafarer engine in a manned engine-
room or designated to perform duties in a periodically unmanned
engine-room.
21B.
21C. Certification of electro-technical rating.
22. Radio operator’s certificate in Global Maritime Distress and Safety
System.
23. Certificate for seafarer of proficiency in survival craft, rescue boats
and fast rescue boats.
24. Certificate for seafarer in medical first aid.
25. Certificate for seafarer of proficiency in medical care.
26. Certificate for advanced fire-fighting.
26A. Mandatory minimum requirements for the issue of certificates of
proficiency for ship security officers.
26B. Mandatory minimum requirements for security related training and
instruction for all seafarers.
27. Issue and registration of certificates.
28. Endorsement of certificates.
29. Recognition of certificates of competency and certificates of
proficiency issued by a Member State.
30. Recognition of certificates issued by a third country.
30A. Recognition of appropriate certificate.
31. Assessment of compliance and withdrawal of recognition.
32. Alternative certificates.
33. Revalidation of certificates of competency and certificates of
proficiency.

Part 4
Gibraltar Merchant Shipping (Safety, etc.) GIBRALTAR MERCHANT SHIPPING (MANNING, TRAINING
AND CERTIFICATION FOR SEAFARERS) REGULATIONS 2006
© Government of Gibraltar (www.gibraltarlaws.gov.gi)
1995-13
Subsidiary
2006/023 Matters incidental to seafarers training, experience and certification
34. Principles governing near-coastal voyages.
35. Quality standards.
36. Use of simulators.
37. Responsibility for training and assessment.
38. Responsibilities of companies.
39. Fitness for duty.
40. Responsibilities of the company and the master with regard to on-
board communication.
41. Dispensation.
42. Inquiry, Investigation and disciplinary measures.
42A. Prevention of fraud and other unlawful practices.
43. Offences and penalties.
44. Port State Control.
44A. Information for statistical purposes.
44B. Transitional provisions.
45. Fees.
46. Appeals.
47. Power to make Administrative Instructions.
48. Revocation.

SCHEDULE 1
TRAINING REQUIREMENTS OF THE STCW CONVENTION,
REFERRED TO IN REGULATION 6

SCHEDULE 2
TYPE OF INFORMATION TO BE COMMUNICATED TO THE
COMMISSION FOR STATISTICAL PURPOSES

Gibraltar Merchant Shipping (Safety, etc.) GIBRALTAR MERCHANT SHIPPING (MANNING, TRAINING
AND CERTIFICATION FOR SEAFARERS) REGULATIONS 2006
© Government of Gibraltar (www.gibraltarlaws.gov.gi)
1995-13
Subsidiary
2006/023
Gibraltar Merchant Shipping (Safety, etc.) GIBRALTAR MERCHANT SHIPPING (MANNING, TRAINING
AND CERTIFICATION FOR SEAFARERS) REGULATIONS 2006
© Government of Gibraltar (www.gibraltarlaws.gov.gi)
1995-13
Subsidiary
2006/023 In exercise of the powers conferred on it by section 118 of the Gibraltar Merchant Shipping (Safety, etc.) Act 1993, and all other enabling powers,
and for the purposes of re-enacting the implementing legislation for
Directive 2001/25/EC of the European Parliament and of the Council of 4
April 2001 on the minimum level of training of seafarers as amended by
Directive 2002/84/EC of the European Parliament and of the Council of 5
November 2002 amending the Directives on maritime safety and prevention
of pollution from ships, and for transposing into the law of Gibraltar
Directive 2003/103/EC of the European Parliament and of the Council of
17 November 2003, and Commission Directive 2005/23/EC of 8 March
2005, and for the purposes of giving effect to the International Convention
on Standards of Training, Certification and Watchkeeping for Seafarers,
1978, as amended from time to time and the STCW Code, the Government
has made the following Regulations:



PART 1
Preliminary

Title and commencement.

1. These Regulations may be cited as the Gibraltar Merchant Shipping
(Manning, Training and Certification for Seafarers) Regulations 2006 and
comes into operation on a day to be appointed by the Minister for the Port
and Shipping by notice in the Gazette.

Interpretation.

2. In these Regulations, unless the context otherwise requires–

“able seafarer deck” means a rating qualified in accordance with Chapter
II of Schedule 1;

“able seafarer engine” means a rating qualified in accordance with Chapter
III of Schedule 1;

“Administration” means the Maritime Administrator in the case of
Gibraltar, and in other cases the person in the relevant flag State
holding equivalent responsibilities;

“Administrative Instructions” means the instructions issued in accordance
with regulation 47;

“approved” means approved by the Administration;

Gibraltar Merchant Shipping (Safety, etc.) GIBRALTAR MERCHANT SHIPPING (MANNING, TRAINING
AND CERTIFICATION FOR SEAFARERS) REGULATIONS 2006
© Government of Gibraltar (www.gibraltarlaws.gov.gi)
1995-13
Subsidiary
2006/023 “appropriate certificate” means a certificate issued and endorsed in accordance with the provisions of these Regulations, and entitling
the lawful holder thereof to serve in a particular capacity and
perform the functions involved at the level of responsibility specified
therein on a ship of the type, tonnage, power and means of
propulsion concerned while engaged on the type of voyage
concerned;

“approved sea-going service” or “sea-service” means the period of service
performed on a sea-going ship of at least l00 GT while being on the
Articles of Agreement of the ship and the period of such service
being duly recorded in the Discharge Book or a book containing a
record of such sea-service provided the ship was not laid up in any
port or harbour for more than 15 days and attendance on ships in
the final stage of construction, conversion, repair or survey to an
extent of 60 days may be counted if the seafarer concerned
eventually sails on the same ship;

“ARPA” means an Automated Radar Plotting Aid;

“Assistant engineer officer” includes a cadet training to qualify as an
engineer officer;

“basic training” means the training courses specified in regulation 8;

“BGTW” means British Gibraltar Territorial Waters which is the area of
sea, the sea bed and subsoil within the seaward limits of the
territorial sea adjacent to Gibraltar under British sovereignty and
which, in accordance with the United Nations Convention on the
Law of the Sea 1982, currently extends to three nautical miles and
to the median line in the Bay of Gibraltar;

“cadet” means a person under training in order to qualify as a deck or
engineer officer;

“certificate of competency” means a certificate issued and endorsed for
masters, officers and GMDSS radio operators in accordance with
Chapters II, III, IV or VII of Schedule 1, and entitling the lawful
holder thereof to serve in the capacity and perform the functions
involved at the level of responsibility specified therein;

“certificate of proficiency” means a certificate, other than a certificate of
competency, issued to a seafarer stating that the relevant
requirements of training, competencies or sea-going service in these
Regulations have been met;

Gibraltar Merchant Shipping (Safety, etc.) GIBRALTAR MERCHANT SHIPPING (MANNING, TRAINING
AND CERTIFICATION FOR SEAFARERS) REGULATIONS 2006
© Government of Gibraltar (www.gibraltarlaws.gov.gi)
1995-13
Subsidiary
2006/023 “chemical tanker” means a ship constructed or adapted and used for the carriage in bulk of any liquid product listed in Chapter 17 of the
International Bulk Chemical Code in its up-to-date version as in
force at the time of reference;

“Chief engineer officer” means the senior engineer officer responsible for
the mechanical propulsion and the operation and maintenance of the
mechanical and electrical installations of the ships;

“Chief mate” means the officer next in rank to the master and upon whom
the command of the ship will fall in the event of the incapacity of
the master;

“Commission” means the European Commission;

“company” means the owner of the ship or any other organization or
person such as the manager, or the bareboat charterer, who has
assumed the responsibility for operation of the ship from the owner
of the ship and who on assuming such responsibility has agreed to
take over all the duties and responsibilities imposed by the ISM
Code;

“deck officer” means an officer qualified in accordance with the
provisions of Regulation II of the STCW Convention;

“Document of Compliance (DOC)” means a document issued to a
company that complies with the requirements of the ISM Code;

“documentary evidence” means documentation, other than a certificate of
competency or certificate of proficiency, used to establish that the
relevant requirements in these Regulations have been met;

“ECDIS” means the Electronic Chart Display and Information System;

“electro-technical officer” means an officer qualified in accordance with
Chapter III of Schedule 1;

“electro-technical rating” means a rating qualified in accordance with
Chapter III of Schedule 1;

“endorsement” means a valid document issued by the Administration in
accordance with regulation 28;

“Engineer officer” means an officer qualified in accordance with the
provision of Regulation III of the STCW Convention;

Gibraltar Merchant Shipping (Safety, etc.) GIBRALTAR MERCHANT SHIPPING (MANNING, TRAINING
AND CERTIFICATION FOR SEAFARERS) REGULATIONS 2006
© Government of Gibraltar (www.gibraltarlaws.gov.gi)
1995-13
Subsidiary
2006/023 “function” means a group of tasks, duties and responsibilities necessary for ship operation, safety of life at sea and protection of the marine
environment as specified in the STCW Code which include

(a) navigation,

(b) cargo handling and stowage,

(c) controlling the operation of the ship and care for persons on
board,

(d) marine engineering,

(e) electrical, electronic and control engineering,

(f) maintenance and repair, and

(g) radio communication;

“Gibraltar ship” means a ship registered in accordance with the provisions
of the Gibraltar Merchant Shipping (Registration) Act, 1993;

“GMDSS” means the Global Maritime Distress and Safety System;

GMDSS radio operator” means a person qualified in accordance with
Chapter IV of Schedule 1;

“host Member State” means any Member State in which a seafarer seeks
recognition of his appropriate certificate or other certificate;

“IMO” means the International Maritime Organisation;

“Instructions” means–

(a) Administrative Instructions made and issued pursuant to section
3(5) of the Act; and

(b) the Administrative Instructions made and issued by the
Maritime Administrator, from time to time, pursuant to
regulation 47;

“international voyage” means any voyage which is not a near-coastal
voyage;

“ISM Code” means the International Management Code for the Safe
Operation of Ships and for Pollution Prevention adopted by
Gibraltar Merchant Shipping (Safety, etc.) GIBRALTAR MERCHANT SHIPPING (MANNING, TRAINING
AND CERTIFICATION FOR SEAFARERS) REGULATIONS 2006
© Government of Gibraltar (www.gibraltarlaws.gov.gi)
1995-13
Subsidiary
2006/023 Resolution A.741(18) as amended by Resolution MSC. 104/73 in its up-to date version as in force at the time of reference;

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

“level” with reference to STCW endorsements means the level of
responsibility as defined in the STCW Code which includes

(a) management level for the capacity of Master, Chief Engineer
officer, Chief mate and Second engineer officer;

(b) operational level for the capacity of watchkeeping officers
(navigational and engineering) other than those in management
level; and

(c) support level for ratings forming part of a watch (navigational
and engineering);

“liquefied-gas tanker” means a ship constructed or adopted and used for
the carriage in bulk of any liquefied gas or other product listed in
Chapter 19 of the International Gas Carrier Code, in its up-to-date
version as in force at the time of reference ;

“master” means the person having command of a ship;

“Member State” means any State within the European Economic Area
and includes Gibraltar;

“near-coastal voyages” means voyages during which the ship shall not
proceed more than 600 miles from Gibraltar and shall always remain
within 200 miles of a safe haven;

“officer” means a member of the crew, other than the master, designated
as follows

(a) Chief mate;

(b) Chief engineer officer;

(c) Second engineer officer;

(d) Officer in charge of a navigational watch;

Gibraltar Merchant Shipping (Safety, etc.) GIBRALTAR MERCHANT SHIPPING (MANNING, TRAINING
AND CERTIFICATION FOR SEAFARERS) REGULATIONS 2006
© Government of Gibraltar (www.gibraltarlaws.gov.gi)
1995-13
Subsidiary
2006/023 (e) Officer in charge of an engineering watch; and
(f) radio operator;

“officer in charge of an engineering watch” means an Engineer officer
who, for the time being, is in charge of an engineering watch;

“officer in charge of a navigational watch” means a Deck officer who, for
the time being, is in charge of a navigational watch;

“oil tanker” means a ship constructed and used for the carriage of
petroleum or petroleum products in bulk;

“Party” or “party State” means a State which is a party to the STCW
Convention and which has brought the STCW Convention into
force;

“passenger ship” means a ship as defined in the International Convention
for the Safety of Life at Sea, 1974 (SOLAS Convention), as
amended;

“propulsion power” means the total maximum continuous rated output
power in kilowatts of all of a ship’s main propulsion machinery as
given in the certificate of registry or other official document;

“Radio operator” means a person who holds an appropriate certificate
issued or recognised by the Administration under the provisions of
the Radio Regulations;

“radio duties” include, as appropriate, watch-keeping and technical
maintenance and repairs conducted in accordance with the Radio
Regulations, the International Convention for Safety of Life at Sea
(1974), (SOLAS Convention) as amended by the Protocol of 1988,
in its up-to-date version as in force at the time of reference and any
recommendation of the IMO that the Administration considers
relevant;

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

“rating” means a member of the ship’s crew other than the master, an
officer or a cadet;

“recognition” means the acceptance by the Administration of a certificate
or appropriate certificate issued by any Member State;
Gibraltar Merchant Shipping (Safety, etc.) GIBRALTAR MERCHANT SHIPPING (MANNING, TRAINING
AND CERTIFICATION FOR SEAFARERS) REGULATIONS 2006
© Government of Gibraltar (www.gibraltarlaws.gov.gi)
1995-13
Subsidiary
2006/023 “ro-ro passenger ship” means a passenger ship with ro-ro cargo spaces or
special category spaces as defined in the SOLAS Convention;

“safe manning document” means a document referred to in regulation 4;

“seafarer” means a person who is trained and who is certificated by the
Administration in accordance with the requirements laid down by
Part 3 of these Regulations;

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

“Second engineer officer” means the Engineer officer next in rank to the
Chief engineer officer and upon whom the responsibility for the
mechanical propulsion and the operation and maintenance of the
mechanical and electrical installations of the ship falls in the event of
the incapacity of the Chief engineer officer;

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

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

“SMC” means the safety management certificate issued to a ship which
signifies that the company and its shipboard management operates
in accordance with the approved Safety Management System;

“SOLAS Convention” means the International Convention for Safety of
Life at Sea, 1974, and including its Protocols of 1978 and 1988, in
its up-to date version as in force at the time of reference;

“STCW Code” means the Seafarers’ Training, Certification and
Watchkeeping (STCW) Code as adopted by the 1995 Conference
resolution 2, in its up-to-date version;

“STCW Convention” means the International Convention on Standards of
Training, Certification and Watch keeping for Seafarers’, 1978 as it
applies to the matters concerned taking into account the transitional
provisions of Article VII and Regulation I/15 of the Convention and
Gibraltar Merchant Shipping (Safety, etc.) GIBRALTAR MERCHANT SHIPPING (MANNING, TRAINING
AND CERTIFICATION FOR SEAFARERS) REGULATIONS 2006
© Government of Gibraltar (www.gibraltarlaws.gov.gi)
1995-13
Subsidiary
2006/023 including, where appropriate, the applicable provisions of the STCW Code, all being applied in the up-to-date version as in force
at the time of reference;

“UK–MCA” means the Maritime and Coastguard Agency of the United
Kingdom.

Application and administration of these Regulations.

3.(1) These Regulations apply to–

(a) ships registered in Gibraltar; and

(b) any other ships when in Gibraltar waters with the exception of–

(i) war ships, naval auxiliaries;

(ii) a ship which is owned or operated by a Member State;

(iii) fishing vessels;

(iv) pleasure yachts not engaged in trade; and

(v) wooden ships of primitive build.

(2) The STCW Convention and the STCW Code shall have effect in
Gibraltar.

(3) The Maritime Administrator shall be responsible for the administration
of these Regulations.


PART 2
Manning and training

Requirement for safe manning document.

4.(1) Every Gibraltar ship engaged in international voyages shall be required
to be in possession of a safe manning document issued by the Administration
in compliance with Regulation 14 of Chapter V of the SOLAS Convention.

(2) No ship shall be allowed to proceed to sea unless it–

(a) has a safe manning document referred to in subregulation (1);
and

Gibraltar Merchant Shipping (Safety, etc.) GIBRALTAR MERCHANT SHIPPING (MANNING, TRAINING
AND CERTIFICATION FOR SEAFARERS) REGULATIONS 2006
© Government of Gibraltar (www.gibraltarlaws.gov.gi)
1995-13
Subsidiary
2006/023 (b) is manned in accordance with such document at least at the minimum acceptable manning standard.

(3) The master of any ship to which this regulation applies shall ensure that
the ship does not proceed to sea unless there is on board a valid safe
manning document issued in respect of the ship and the manning of the ship
complies with that document.

Procedure for safe manning document.

5.(1) Every company managing a Gibraltar ship and engaged in international
voyages shall apply to the Maritime Administrator, in such form as may be
prescribed by Administrative Instructions issued by the Maritime
Administrator, for issue of a safe manning document.

(2) In an application for a safe manning document the company shall, in
particular, provide detailed particulars of the ship, nature of trade, area of
operation, and the minimum scale of manning with which the company wants
to operate the ship.

(3) The Maritime Administrator shall consider each application in the light
of IMO Assembly Resolution A-890.

(4) Where the Maritime Administrator is satisfied that the manning
suggested by the company meets the requirements for safe operation and
protection of the marine environment, he shall issue a safe manning
document for the ship in such form as may be prescribed by any
Administrative Instructions.

(5) Notwithstanding anything contained in this regulation, the company
may employ additional seafarers above the minimum standards specified in
the safe manning document if the following conditions are satisfied

(a) appropriate accommodation is available for the additional
seafarers;

(b) sufficient life-saving appliances are available for the additional
seafarers; and

(c) safety familiarisation training is given to them.

Requirement for training.

6.(1) Every company managing a Gibraltar ship shall ensure that seafarers
serving on the ship–

Gibraltar Merchant Shipping (Safety, etc.) GIBRALTAR MERCHANT SHIPPING (MANNING, TRAINING
AND CERTIFICATION FOR SEAFARERS) REGULATIONS 2006
© Government of Gibraltar (www.gibraltarlaws.gov.gi)
1995-13
Subsidiary
2006/023 (a) are trained as a minimum in accordance with the requirements of the STCW Convention, as laid down in this Part and in
Schedule 1;

(b) have received familiarization training set out in regulation 7 and
basic training set out in regulation 8; and

(c) meet the appropriate standards of competence specified in
Section A-VI/1 of the STCW Code.

(2) This regulation shall apply to certificates issued to crew members in
accordance with Regulation III/10.04 of the SOLAS Convention.

Familiarisation training.

7.(1) Every person employed or engaged on a seagoing ship, other than
passengers, shall, before being assigned to shipboard duties, receive
approved familiarisation training required by Section A-VI/1, paragraph 1, of
the STCW Code.

(2) Every company managing a Gibraltar ship shall submit to the
Administration and obtain its approval for its plan and arrangements for
providing familiarisation training.

(3) The company shall ensure that documentary evidence is maintained on
the ship that familiarisation training has been provided to all persons other
than passengers.

Basic training.

8.(1) Every seafarer employed or engaged in any capacity on board a ship
on the business of that ship as part of the ship’s complement with designated
safety or pollution-prevention duties and on duties in the operation of the
ship shall, before being assigned to any shipboard duties receive appropriate
approved basic training or instruction required by Section A-VI/2, paragraph
2, of the STCW Code.

(2) A seafarer may hold a separate certificate relating to each component
of the training or may exchange them for a single “Certificate of basic
training” to be issued by the Administration with specific reference to all of
the four components of the approved training referred to in subregulation
(1).

Mandatory training and qualification for masters, officers and ratings
on tankers.

Gibraltar Merchant Shipping (Safety, etc.) GIBRALTAR MERCHANT SHIPPING (MANNING, TRAINING
AND CERTIFICATION FOR SEAFARERS) REGULATIONS 2006
© Government of Gibraltar (www.gibraltarlaws.gov.gi)
1995-13
Subsidiary
2006/023 9.(1) No officer or rating shall be assigned any specific duties and responsibilities relating to cargo or cargo equipment on tankers unless he has
completed–

(a) an approved shore-based fire-fighting course in addition to the
training required by Regulation VI/1; and

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

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

(2) Notwithstanding subregulation (1), the Administration may accept a
period of supervised seagoing service shorter than that prescribed by
subregulation (1)(b) if–

(a) the period so accepted is not less than one month;

(b) the tanker is of less than 3000 gross tonnage;

(c) the duration of each voyage on which the tanker is engaged
during the period does not exceed 72 hours; and

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

(3) Masters, Chief engineer officers, Chief mates, Second engineer officers
and any person with immediate responsibility for loading, discharging and
care in transit or handling of cargo shall, in addition to meeting the
requirements of subregulation (1)(b) or (c) have

(a) experience appropriate to their duties on the type of tanker on
which they serve; and

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

Gibraltar Merchant Shipping (Safety, etc.) GIBRALTAR MERCHANT SHIPPING (MANNING, TRAINING
AND CERTIFICATION FOR SEAFARERS) REGULATIONS 2006
© Government of Gibraltar (www.gibraltarlaws.gov.gi)
1995-13
Subsidiary
2006/023 Mandatory minimum requirements for the training and qualifications of masters, officers and ratings on oil and chemical tankers.

9A.(1) No officer or rating shall be assigned specific duties and
responsibilities related to cargo or cargo equipment on oil or chemical
tankers unless he holds 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–

(a) 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

(b) 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–

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

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

(i) at least three months of approved seagoing service on oil
tankers; or

(ii) 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

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2006/023 (iii) has 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–

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

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

(i) at least three months of approved seagoing service on
chemical tankers; or

(ii) 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

(iii) 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) The Administration shall ensure that a certificate of proficiency is
issued to seafarers, who are qualified in accordance with subregulation (2),
(4) or (6) as appropriate, or that an existing certificate of competency or
certificate of proficiency is duly endorsed.

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

9B.(1) No officer or rating shall be assigned specific duties and
responsibilities related to cargo or cargo equipment on liquefied gas tankers
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AND CERTIFICATION FOR SEAFARERS) REGULATIONS 2006
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2006/023 unless he holds 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–

(a) 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

(b) 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–

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

(b) while qualified for certification in basic training for liquefied gas
tanker cargo operations have–

(i) at least three months of approved seagoing service on
liquefied gas tankers; or

(ii) 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

(iii) 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.

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2006/023 (5) The Administration shall ensure that a certificate of proficiency is issued to seafarers, who are qualified in accordance with subregulation (2) or
(4) as appropriate, or that an existing certificate of competency or certificate
of proficiency is duly endorsed.

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

9C.(1) This regulation applies to masters, officers, ratings and other
personnel serving on board passenger ships engaged on international
voyages.

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

(3) Seafarers who are required to be trained in accordance with
subregulations (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.

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2006/023 (8) The Administration 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.

Mandatory training and qualification for masters, officers, ratings and
other personnel on passenger ships other than ro-ro passenger ships.

10.(1) This regulation applies to–

(a) masters, officers, ratings and other personnel serving on board
passenger ships, other than ro-ro passenger ships, engaged on
international voyages; and

(b) personnel serving on passenger ships engaged on domestic
voyages.

(2) No seafarer shall be assigned shipboard duties on board passenger
ships, unless that seafarer has completed the training required by
subregulations (4) to (8) in accordance with his capacities, duties and
responsibilities.

(3) Seafarers who are required to be trained in accordance with
subregulation (4), (7) and (8) shall, at intervals not exceeding five years

(a) undertake appropriate refresher training; or

(b) provide evidence of having achieved the required standard of
competence within the previous five years.

(4) No person shall be designated on muster lists to assist passengers in
emergency situations on board passenger ships unless that person has
completed training in crowd management as specified in Section A-V/3,
paragraph 1, of the STCW Code.

(5) Masters, officers and other personnel assigned specific duties and
responsibilities on board passenger ships shall have completed the
familiarisation training specified in section A-V/3, paragraph 2, of the STCW
Code.

(6) No person shall be allowed to provide direct services to passengers on
board passenger ships in passenger spaces unless that person has completed
the safety training specified in Section A-V/3, paragraph 3, of the STCW
Code.

(7) Masters, Chief mates and every person assigned immediate
responsibility for embarking and disembarking passengers shall have
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AND CERTIFICATION FOR SEAFARERS) REGULATIONS 2006
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2006/023 completed approved training in passenger safety as specified in Section A- V/3, paragraph 4, of the STCW Code.

(8) Masters, Chief mates, Chief engineer officers, Second engineer officers
and any person having responsibility for the safety of passengers in
emergency situations on board passenger ships shall have completed
approved training in crisis management and human behaviour as specified in
Section A-V/3, paragraph 5, of the STCW Code.

(9) The Administration shall ensure that documentary evidence of the
training which has been completed is issued for every person found qualified
under the provisions of this regulation.

Mandatory training and qualification for masters, officers, ratings and
other personnel on ro-ro passenger ships.

11.(1) This regulation applies to–

(a) masters, officers, ratings and other personnel serving on board
ro-ro passenger ships engaged on international voyages; and

(b) personnel serving on ro-ro passenger ships engaged on
domestic voyages.

(2) No seafarer shall be assigned shipboard duties on board ro-ro
passenger ships, unless that seafarer has completed the training required by
subregulations (4) to (6) in accordance with his capacities, duties and
responsibilities.

(3) Seafarers who are required to be trained in accordance with
subregulation (4)(a) and (6) shall, at intervals not exceeding five years

(a) undertake appropriate refresher training; or

(b) provide evidence of having achieved the required standard of
competence within the previous five years.

(4) Masters, officers and other personnel–

(a) designated on muster lists to assist passengers in emergency
situations on board ro-ro passenger ships shall have completed
training in crowd management as specified in section A-V/2,
paragraph 1, of the STCW Code; and

(b) assigned specific duties and responsibilities on board ro-ro
passenger ships shall have completed the familiarisation training
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AND CERTIFICATION FOR SEAFARERS) REGULATIONS 2006
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2006/023 specified in section A-V/2, paragraph 2, of the STCW Code.

(5) No person shall be allowed to provide direct service to passengers in
passenger spaces on board ro-ro passenger ships unless that person has
completed the safety training specified in section A-V/2, paragraph 3, of the
STCW Code.

(6) Masters, Chief mates, Chief engineer officers, Second engineer officers
and–

(a) 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; and

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

(7) The Administration shall ensure that documentary evidence of the
training which has been completed is issued for every person found qualified
under the provisions of this regulation.

Mandatory training for seafarers in advanced fire-fighting.

12. No seafarer shall be designated or allowed to control fire-fighting
operations unless that seafarer has–

(a) completed advanced training in techniques for fighting fire with
particular emphasis on organisation, tactics and command and
in accordance with the provisions of Section A-VI/3 of the
STCW Code and met the standard of competence specified
therein; and

(b) met the standard of competence to undertake the tasks, duties
and responsibilities listed in column 1 of table A-VI-3 of the
STCW Code.

Requirement of language proficiency for seafarers.

12A. The company and the master of a Gibraltar ship shall ensure that
seafarers employed or engaged in any voyage possess adequate proficiency
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AND CERTIFICATION FOR SEAFARERS) REGULATIONS 2006
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2006/023 in English language as defined in Sections A-II/I, A-III/I, A-IV/2 and A-II/4 of the STCW Code so as to enable them to perform their specific duties on
the ship.


PART 3
Certification for seafarers

Requirement for certificates for seafarers.

13.(1) Every company shall ensure that each seafarer serving on the ship
holds a certificate of competency, certificate of proficiency and documentary
evidence as defined in regulation 2.

(2) No company shall permit a person to perform any function or group of
functions specified in Tables A-II/1, A-II/2, A-II/3 or A-II/4 of Chapter II or
in Tables A-III/1, A-III/2 or A-III/4 of Chapter III or Table A-IV/2 of
Chapter IV of the STCW Code unless that person holds a certificate of
competency, certificate of proficiency and documentary evidence as defined
in regulation 2.

(3) Deleted

Certificates of competency, certificates of proficiency and
endorsements.

13A.(1) The Administration shall ensure that certificates of competency and
certificates of proficiency are issued only to candidates who comply with the
requirements of this regulation.

(2) Certificates for masters, officers and radio operators shall be
endorsed by the Administration as prescribed in this regulation.

(3) Certificates of competency and certificates of proficiency shall be
issued in accordance with Regulation I/2, paragraph 3 of the Annex to the
STCW Convention.

(4) Certificates of competency shall be issued only by the Administration
following verification of the authenticity and validity of any necessary
documentary evidence and in accordance with the provisions of this
regulation.

(5) In respect of radio operators, the Administration may–

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AND CERTIFICATION FOR SEAFARERS) REGULATIONS 2006
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2006/023 (a) include the additional knowledge required by the relevant regulations in the examination for the issue of a certificate
complying with the Radio Regulations; or

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

(6) At the discretion of the Administration endorsements may be
incorporated in the format of the certificates being issued as provided for in
section A-I/2 of the STCW Code and if so incorporated the form used shall
be that set out in section A-I/2, paragraph 1 of the STCW Code.

(7) If endorsements are issued otherwise than as subregulation (6), the
form of endorsements used shall be that set out in paragraph 2 of section A-
I/2 of the STCW Code.

(8) Endorsements shall be issued in accordance with Article VI,
paragraph 2, of the STCW Convention.

(9) Endorsements attesting the issue of a certificate of competency and
endorsements attesting a certificate of proficiency issued to masters and
officers in accordance with the Regulations V/1-1 and V/1-2 of Schedule 1
shall be issued only if all the requirements of the STCW Convention and
these Regulations have been complied with.

(10) If the Administration recognises a certificate of competency, or a
certificate of proficiency, issued to masters and officers in accordance with
Regulations V/1-1 and V/1-2 of the Annex to the STCW Convention under
the procedure laid down in regulation 30(2) it shall endorse that certificate to
attest its recognition only after ensuring the authenticity and validity of the
certificate.

(11) The form of the endorsement under subregulation (10) used shall be
that set out in paragraph 3 of Section A-I/2 of the STCW Code.

(12) The endorsements referred to in subregulations (6) to (11)–

(a) may be issued as separate documents;

(b) shall be issued by the Administration only;

(c) shall each be assigned a unique number, except for
endorsements attesting the issue of a certificate of competency,
which may be assigned the same number as the certificate of
competency concerned, provided that that number is unique;
and
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2006/023 (d) shall each expire as soon as the endorsed certificate of
competency or certificate of proficiency issued to masters and
officers in accordance with Regulations V/1-1 and V/1-2 of the
Annex to the STCW Convention expires or is withdrawn,
suspended or cancelled by the Administration or third country
which issued it and, in any case, within five years of their date
of issue.

(13) The capacity in which the holder of a certificate is authorised to serve
shall be identified in the form of endorsement in terms identical to those used
in the applicable safe-manning requirements of the Administration.

(14) The Administration may use a format different from the format laid
down in section A-I/2 of the STCW Code, provided that, as a minimum, the
required information is provided in Roman characters and Arabic figures,
taking account of the variations permitted under section A-I/2.

(15) Subject to Article 19(7) any certificate required by these Regulations
shall be kept available in its original form on board the ship on which the
holder is serving.

(16) Candidates for certification shall provide satisfactory proof–

(a) of their identity;

(b) that their age is not less than that prescribed in the Regulations
listed in Schedule 1 relevant to the certificate of competency or
certificate of proficiency applied for;

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

(d) that they have completed the seagoing service and any related
compulsory training prescribed in the Regulations listed in
Schedule 1 for the certificate of competency or certificate of
proficiency applied for; and

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

(17) Subregulation (16) shall not apply to recognition of endorsements
under Regulation I/10 of the STCW Convention.

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2006/023 (18) The Administration shall undertake–
(a) to maintain a register or registers of all certificates of
competency and certificates of proficiency and endorsements
for masters and officers and, where applicable, ratings which are
issued, have expired or have been revalidated, suspended,
cancelled or reported as lost or destroyed, as well as of
dispensations issued;

(b) to make available information on the status of certificates of
competency, endorsements and dispensations to other Member
States or other Parties to the STCW Convention and companies
which request verification of the authenticity and validity of
certificates of competency and certificates issued to masters and
officers in accordance with Regulations V/1-1 and V/1-2 of
Annex I produced to them by seafarers seeking recognition,
under Regulation I/10 of the STCW Convention, or
employment on board ship.

(19) As of 1 January 2017, the information required to be available in
accordance with subregulation (18)(b) shall be made available by electronic
means.

Information to the Commission.

13B. The Administration shall make available to the Commission on a yearly
basis the information indicated in Schedule 2 on certificates of competency,
endorsements attesting the recognition of certificates of competency as well
as, on a voluntary basis, certificates of proficiency issued to ratings in
accordance with Chapters II, III, and VII of the Annex to the STCW
Convention, for the purposes of statistical analysis only and exclusively for
use by the Administration and the Commission in policy-making.

Certificates for officers in charge of a navigational watch on ships of
500 gross tonnage or more.

14.(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) A person shall be eligible for a certificate of competency as required by
subregulation (1) if that person–

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

(b) has had approved seagoing service of not less than one year as
part of an approved training programme which includes on-
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2006/023 board training that meets the requirements of section A-II/1 of the STCW Code and is documented in an approved training
record book, or otherwise has had approved seagoing service of
not less than three years;

(c) has 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;

(d) meets the applicable requirements of the Regulations in Chapter
IV of the STCW Convention, as appropriate, for performing
designated radio duties in accordance with the Radio
Regulations; and

(e) has completed approved education and training and meets the
standard of competence specified in section A-II/1 of the
STCW Code;

(f) meets 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.

Certificates for masters and Chief mates on ships of 500 gross tonnage
or more.

15.(1) Every master and Chief mate on a seagoing ship of 3,000 gross
tonnage or more shall hold a certificate of competency.

(2) A person shall be eligible for a certificate of competency as required by
subregulation (1) if that person–

(a) meets the requirements for certification as an officer in charge
of a navigational watch on ships of 500 gross tonnage or more
as specified in regulation 14;

(b) has had approved seagoing service in that capacity

(i) for certification as Chief mate, not less than 12 months;
and

(ii) for certification as master, not less than 36 months (but
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); and

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2006/023 (c) has completed approved education and training and meets 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.

(3) Every master and Chief mate on a seagoing ship of between 500 and
3000 gross tonnage shall hold a certificate of competency.

(4) A person shall be eligible for a certificate of competency as required by
subregulation (3) if that person–

(a) for certification as Chief mate, meets the requirements of an
officer in charge of a navigational watch on ships of 500 gross
tonnage or more as specified in regulation 14;

(b) for certification as master, meets the requirements of an officer
in charge of a navigational watch on ships of 500 gross tonnage
or more as specified in regulation 14 and has had approved
seagoing service of not less than 36 months in that capacity (but
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); and

(c) has completed approved training and meets 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.

Certificates for officers in charge of a navigational watch and of masters
on ships of less than 500 gross tonnage.

16.(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.

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

(4) A person shall be eligible for certification as officer in charge of a
navigational watch on a seagoing ship of less than 500 gross tonnage as
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2006/023 required by subregulation (3) if that person
(a) is not less than 18 years of age;

(b) has completed

(i) special training, including an adequate period of
appropriate seagoing service as required by the
Administration, or

(ii) approved seagoing service in the deck department of not
less than three years;

(c) meets the applicable requirements of the regulations in Chapter
IV of the STCW Convention, as appropriate, for performing
designated radio duties in accordance with the Radio
Regulations; and

(d) has completed approved education and training and meets 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;

(e) meets 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.

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

(6) A person shall be eligible for certification as master on a seagoing ship
of less than 500 gross tonnage as required by subregulation (5) if that
person

(a) is not less than 20 years of age;

(b) has had approved seagoing service of not less than 12 months
as officer in charge of a navigational watch; and

(c) has completed approved education and training and meets 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.

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2006/023 (7) Where it appears to the Administration 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, it 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.

Certificates for ratings forming part of a navigational watch.

17.(1) No rating shall be allowed to form 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)
unless that rating is duly certificated to perform such duties.

(2) A person shall be eligible for a certificate of competency as a rating to
perform duties as required by subregulation (1) if that person–

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

(b) has completed

(i) approved seagoing service including not less than six
months training and experience, or

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

(c) meets the standard of competence specified in section A-II/4 of
the STCW Code.

(3) The seagoing service, training and experience required by subregulation
(2)(b) 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.

Certificates for Chief engineer officers and Second engineer officers on
ships powered by main propulsion machinery of 3000 kW propulsion
power or more.

18.(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.

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2006/023 (2) A person shall be eligible for a certificate of competency as required by subregulation (1) if that person–

(a) meets the requirements for certification as an officer in charge
of an engineering watch as specified in regulation 20 and

(i) for certification as a Second engineer officer, has had not
less than 12 months approved seagoing service as
Assistant engineer officer or Engineer officer; and

(ii) for certification as Chief engineer officer, has had not less
than 36 months approved seagoing service of which not
less than 12 months shall have been served as an engineer
officer in a position of responsibility while qualified to
serve as Second engineer officer; and

(b) has completed approved education and training and meets the
standard of competence specified in section A-III/2 of the
STCW Code.

Certificates for Chief engineer officers and Second engineer officers on
ships powered by main propulsion machinery of between 750 kW and
3000 kW propulsion power.

19.(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) A person shall be eligible for a certificate of competency as required by
subregulation (1) if that person–

(a) meets the requirements for certification as an officer in charge
of an engineering watch as specified in regulation 20 and

(i) for certification as Second engineer officer, has had not
less than 12 months approved seagoing service as
Assistant engineer officer or Engineer officer; and

(ii) for certification as Chief engineer officer, has had not less
than 24 months approved seagoing service of which not
less than 12 months shall have been served while qualified
to serve as Second engineer officer; and

(b) has completed approved education and training and meets the
standard of competence specified in section A-III/3 of the
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2006/023 STCW Code.

(3) The company may employ an 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, to serve as Chief engineer officer on
ships powered by main propulsion machinery of less than 3000 kW
propulsion power, if, not less than 12 months approved seagoing service
shall have been served as an Engineer officer in a position of responsibility
and the certificate is so endorsed.

Certificates for ratings as able seafarer deck.

19A.(1) Every able seafarer deck serving on a seagoing ship of 500 gross
tonnage or more shall be duly certificated.

(2) A person shall be eligible for a certificate as required by subregulation
(1) if that person–

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

(b) meets the requirements for certification as a rating forming part
of a navigational watch;

(c) while qualified to serve as a rating forming part of a
navigational watch, have approved seagoing service in the deck
department of–

(i) not less than 18 months; or

(ii) not less than 12 months and have completed approved
training; and

(d) meets the standard of competence specified in Section A-II/5 of
the STCW Code.

(3) The administration shall–

(a) 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

(b) determine the need, if any, for requiring these personnel to
update their qualifications.

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AND CERTIFICATION FOR SEAFARERS) REGULATIONS 2006
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2006/023 (4) Until 1 January 2017, in the event of extension of the International Labour Organisation Certification of Able Seamen Convention, 1946 (No
74) to Gibraltar, the Administration may continue to renew and revalidate
certificates and endorsements in accordance with the provisions of that
Convention.

(5) The Administration may consider the seafarers 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 coming into operation of this regulation.

Certificates for officers in charge of an engineering watch in a manned
engine-room or designated duty engineers in a periodically unmanned
engine-room.

20.(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) A person shall be eligible for a certificate of competency required by
subregulation (1) if that person–

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

(b) has 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 on board
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 has 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;

(c) has 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;

(d) has completed approved education and training and meet the
standards of competence specified in Section A-III/1 of the
STCW Code; and

(e) meets the standards of competence specified in Section A-VI/1,
paragraph 2, Section A-VI/2, paragraphs 1 to 4, Section A-
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2006/023 VI/3, paragraphs 1 to 4 and Section A-VI/4, paragraphs 1 to 3 of the STCW Code.

Certificates for ratings forming part of a watch in a manned engine-
room or designated to perform duties in a periodically unmanned
engine-room.

21.(1) Every rating–

(a) forming part of an engine-room watch; or

(b) 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) A person shall be eligible for a certificate as required by subregulation
(1) if that person–

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

(b) has completed

(i) approved seagoing service including not less than six
months training and experience; or

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

(c) meets the standard of competence specified in Section A-III/4
of the STCW Code.

(3) The seagoing service, training and experience required by subregulation
(2)(b) 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.

Certification of ratings as able seafarer engine in a manned engine-
room or designated to perform duties in a periodically unmanned
engine-room.

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AND CERTIFICATION FOR SEAFARERS) REGULATIONS 2006
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2006/023 21A.(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) A person shall be eligible for certification required by subregulation
(1) if that person–

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

(b) meets 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;

(c) while qualified to serve as a rating forming part of an
engineering watch, have approved seagoing service in the
engine department of–

(i) not less than 12 months; or

(ii) not less than six months and have completed approved
training; and

(d) meets the standard of competence specified in Section A-III/5
of the STCW Code.

(3) The Administration 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) The Administration may consider the seafarers 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 regulation.

21B.(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) A person shall be eligible for a certificate required by subregulation
(1) if that person–

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

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2006/023 (b) has completed not less than 12 months of combined workshop skills training and approved seagoing service of which not less
than six 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;

(c) has completed approved education and training and meet the
standards of competence specified in Section A-III/6 of the
STCW Code; and

(d) meets 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.

(3) The Administration shall–

(a) 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

(b) determine the need for requiring those personnel to update their
qualifications.

(4) The Administration may consider the seafarers to have met the
requirements of this regulation if they–

(a) 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 regulation; and

(b) meet the standard of competence specified in Section A-III/6 of
the STCW Code.

(5) Notwithstanding the requirements of subregulation (1) to (4) above,
a suitably qualified person may be considered by the Administration able to
perform certain functions of Section A-III/6.

Certification of electro-technical rating.

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2006/023 21C.(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) A person shall be eligible for a certificate required by subregulation
(1) if that person–

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

(b) has completed approved seagoing service including not less
than 12 months training and experience; or

(c) has completed approved training, including an approved period
of seagoing service which shall not be less than six months; or

(d) has 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 three months; and

(e) meets the standard of competence specified in Section A-III/7
of the STCW Code.

(3) The Administration shall–

(a) 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

(b) determine the need, if any, for requiring these personnel to
update their qualifications.

(4) The Administration may consider the seafarers to have met the
requirements of this regulation if they–

(a) 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 regulation; and

(b) meet the standard of competence specified in Section A-III/7 of
the STCW Code.

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

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2006/023 Radio operator’s certificate in Global Maritime Distress and Safety System.

22.(1) Every person who–

(a) is required to be in charge of performing Radio-communication
duties on a ship fitted with Global Maritime Distress and Safety
System equipment; or

(b) intends to obtain an appropriate certificate as a deck officer

shall hold a Radio operator’s certificate in Global Maritime Distress and
Safety System.

(2) A person shall be eligible for a Radio operator’s certificate in Global
Maritime Distress and Safety System if that person–

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

(b) has completed approved training ; and

(c) meets the standard of competence specified in Section A-IV/2 of
the STCW Code.

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

Certificate for seafarer of proficiency in survival craft, rescue boats and
fast rescue boats.

23.(1) Every

(a) person designated to take charge of a survival craft; and

(b) candidate for a certificate as a Deck officer or Engineer officer;

shall hold a certificate of proficiency in survival craft and rescue boats.

(2) A person shall be eligible for a certificate of proficiency in survival craft
and rescue boats, other than fast rescue boats, if that person

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AND CERTIFICATION FOR SEAFARERS) REGULATIONS 2006
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2006/023 (a) is not less than 18 years of age;
(b) has had approved seagoing service of not less than 12 months
or has attended an approved training course and has approved
seagoing service of not less than six months; and

(c) meets the standard of competence for certificates of proficiency
in survival craft and rescue boats set out in Section A-V1/2,
paragraphs 1 to 4, of the STCW Code.

(3) A person shall be eligible for a certificate of proficiency in fast rescue
boats if that person

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

(b) has attended an approved training course; and

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

Certificate in medical first aid for seafarers.

24.(1) Every–

(a) person designated to provide medical first aid on a ship; and

(b) every candidate for a certificate as a Deck officer or Engineer
officer,

shall hold a certificate in medical first aid.

(2) A person shall be eligible for a certificate in medical first aid if that
person–

(a) has completed basic training;

(b) has undertaken an approved training course; and

(c) meets the standard of competence set out in Section A-VI/4,
paragraphs 1 to 3 of the STCW Code.

(3) Where training in medical first aid is not included in the qualification
for the certificate to be issued, a special certificate or documentary evidence,
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AND CERTIFICATION FOR SEAFARERS) REGULATIONS 2006
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2006/023 as appropriate, shall be issued indicating that the holder has attended a course of training in medical first aid.

Certificate for seafarer of proficiency in medical care.

25.(1) Every person designated to take charge of medical care on board a
ship shall hold a certificate of proficiency in medical care.

(2) A candidate for a certificate for the capacity of Chief mate or master as
required by regulation 15(1) of these Regulations shall be required to be in
possession of a certificate of proficiency in medical care.

(3) A person shall be eligible for a certificate of proficiency in medical care
if that person–

(a) has acquired a certificate in medical first aid;

(b) has undertaken an approved training course; and

(c) meets the standard of competence set out in Section A-VI/4,
paragraphs 4 to 6 of the STCW Code.

(4) A seafarer serving on a Gibraltar ship in charge of medical care, shall
undertake refresher training at intervals not exceeding 5 years commencing
on or before the fifth anniversary of his original training in medical care.

(5) Where training in medical care is not included in the qualification for
the certificate to be issued, a special certificate or documentary evidence, as
appropriate, shall be issued indicating that the holder has attended a course
of training in medical care.

Certificate for advanced fire-fighting.

26.(1) A seafarer designated to control fire-fighting operations shall hold a
certificate in advanced fire fighting.

(2) A seafarer shall be eligible for a certificate in advanced fire fighting if
that seafarer–

(a) has completed basic training;

(b) has performed at least 3 months sea-service;

(c) has undertaken an approved training course; and

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2006/023 (d) meets the training and assessment set out in Section A-VI/3, of the STCW Code.

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

26A.(1) Every candidate for a certificate of proficiency as ship security
officer shall–

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

(b) 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) The Administration shall ensure that every person found qualified
under the provisions of this regulation is issued with a certificate of
proficiency.

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

26B.(1) Seafarers shall receive security-related familiarisation and security-
awareness training or instruction in accordance with Section A-VI/6,
paragraphs 1 to 4 of the STCW Code and shall meet the appropriate
standard of competence specified therein.

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

(3) The Administration shall–

(a) 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

(b) determine the need for requiring these seafarers to update their
qualifications.

(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.
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2006/023 (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) The Administration shall–

(a) 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

(b) determine the need for requiring these seafarers to update their
qualifications.

Issue and registration of certificates.

27.(1) Where the Administration is satisfied that a master, Deck officer,
Engineer officer or a Radio operator meets the requirements for service, age,
medical fitness that focuses on eyesight and hearing of the seafarer, and
training and qualifications as required by these Regulations and in
accordance with Section A-I/8 of the STCW Code, it shall issue an
appropriate certificate to that master, Deck officer, Engineer officer or a
Radio operator.

(2) A certificate for medical fitness issued pursuant to regulation 12 or 13
of the Gibraltar Merchant Shipping (Seafarers’ Hours of Work and Medical
Examination) Regulations, 2003 shall be considered an appropriate
certificate for medical fitness for the purpose of subregulation (1) if the
seafarer’s eyesight and hearing has been tested and meets the required
standard in accordance with Section A-I/8 of the STCW Code.

(2A) Every seafarer holding a certificate of competency or a certificate of
proficiency, issued under the provisions of the STCW Convention, who is
serving at sea shall also hold a valid medical certificate issued in accordance
with this regulation and Section A-I/9 of the STCW Code.

(3) No certificate shall be issued by the Administration unless the candidate
for medical certification provides satisfactory proof–

(a) of his identity;

(b) that his age is not less than 16 years of age;

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2006/023 (c) that he meets the standards of medical fitness, particularly regarding eyesight and hearing, established by the Gibraltar
Merchant Shipping (Seafarers’ Hours of Work and Medical
Examination) Regulations, 2003 and holds a valid document
attesting to his medical fitness, issued by a duly qualified
medical practitioner recognised by the Administration;

(d) of having completed the seagoing service and any related
compulsory training prescribed by Part 3 of these Regulations
as relevant for the certificate applied for; and

(e) that he meets the standards of competence prescribed by Part 3
of these Regulations for the capacities, functions and levels that
are to be identified in the endorsement to the certificate.

(4) Every certificate for service in a Gibraltar ship shall be issued in
English.

(5) The Administration shall

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

(b) 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.

(5A) 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.

(5B) If the period of validity of a medical certificate expires in the course
of a voyage, Regulation I/9 of the Annex to the STCW Convention shall
apply.

(5C) In urgent cases, the Administration may permit a seafarer to work
without a valid medical certificate and in such cases, Regulation I/9 of the
Annex to the STCW Convention shall apply.

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2006/023 (6) The master of the ship shall ensure that, subject to regulation 30(7), any certificate required under these Regulations is kept available in its
original form on board the ship on which the holder is serving.

Endorsement of certificates.

28.(1) No person shall be employed on a Gibraltar ship in the capacity of an
officer unless that person holds an endorsement issued by the Administration
in recognition of an appropriate certificate for the relevant capacity.

(2) An endorsement required by subregulation (1) shall not be necessary if
the seafarer holds a certificate of competency or certificate of equivalent
competency for the relevant capacity issued by the UK-MCA.

(3) Subject to subregulation (6), the certificates issued to a master, Deck
officer, Engineer officer or a Radio operator shall be endorsed by the
Administration in compliance with the STCW Convention in the manner
prescribed by Regulation I/2 of the STCW Convention and Section A–I/2 of
the STCW Code.

(4) Every endorsement issued by the Administration to a certificate for
service in a Gibraltar ship shall be issued in English.

(5) A Radio operator’s certificate issued pursuant to regulation 22 shall be
endorsed by the Administration in compliance with Regulation I/2 of the
STCW Convention.

(6) An endorsement required by subregulation (5) shall not be issued
unless the person applying for the endorsement (not being a master or Deck
officer) has completed basic training and at least 3 months supervised sea
service in radio-communication duties.

(7) Where the Administration recognises a certificate issued under
regulation 30(2) it shall endorse that certificate to attest its recognition in the
form set out in paragraph 3 of Section A-I/2 of the STCW Code.

(8) Endorsements issued under this regulation–

(a) may be issued as separate documents;

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

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2006/023 (c) shall each expire as soon as the certificate endorsed expires or is withdrawn, suspended or cancelled by the Administration or
third country which issued it and, in any case, within five years
of their date of issue.

(9) The capacity in which the holder of a certificate is authorised to serve
shall be identified in the form of an endorsement in terms identical to those
used in compliance with the safe-manning requirements under these
Regulations.

(10) The Administration may use a format different from the format laid
down in Section A-I/2 of the STCW code, if, as a minimum, the required
information is provided in Roman characters and Arabic figures, taking
account of the variations permitted under Section A-I/2 of the STCW Code.

(11) The Administration may, by taking into account the provisions of
regulation 30(6)(c), endorse a certificate issued, with respect to a Gibraltar
ship, by a third country recognised by the Commission.

Recognition of certificates of competency and certificates of proficiency
issued by a Member State.

29. A seafarer who does not possess the certificates of competency or the
certificates of proficiency or both issued by a Member State to masters and
officers in accordance with Regulations V/1-1 and V/1-2 of the STCW
Convention, may be allowed to serve on a Gibraltar ship if a decision on the
recognition of his certificates of competency and certificates of proficiency
has been adopted through the procedures set out in regulation 30 (2) to (5).

Recognition of certificates issued by a third country.

30.(1) A seafarer who is a national of a third country and does not possess
certificates referred to in regulation 29 may be allowed to serve in a Gibraltar
ship if his certificates of competency and the certificates of proficiency are
recognised by the Commission in accordance with this regulation.

(2) Where the Administration intends to recognise, by endorsement, the
certificates of competency or the certificates of proficiency or both as
referred to in subregulation (1) issued by a third country to a master, officer
or radio operator, for service on ships flying its flag, shall submit a request
for recognition of that third country to the Commission, stating its reasons.

(3) Where the Administration has submitted the request under
subregulation (2), it may decide to recognise certificates issued by the third
country unilaterally until a decision is taken under this regulation.

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2006/023 (4) Where the Commission takes a decision granting the recognition of the third country within 18 months from the date of the request for
recognition, that recognition shall be valid subject to regulation 31(2).

(5) Recognition of certificates issued by recognised third countries and
published in the Official Journal of the European Union, shall remain valid
and such recognition may be used unless the Commission has subsequently
withdrawn it.

(6) For the purposes of this regulation a third country shall not be
recognised unless

(a) the third country–

(i) is a Party to the STCW Convention; and

(ii) has been identified by the Maritime Safety Committee as
having demonstrated that full and complete effect is given
by it to the provisions of the STCW Convention;

(b) the Commission has confirmed, through all necessary measures,
which may include the inspection of facilities and procedures,
that–

(i) the requirements concerning the standard of competence,
the issue and endorsement of certificates and record
keeping are fully complied with, and

(ii) a quality standards system has been established pursuant
to Regulation I/8 of the STCW Convention;

(c) the Administration–

(i) is in the process of agreeing an undertaking with that
third country that prompt notification will be given of any
significant change in the arrangements for training and
certification provided in accordance with the STCW
Convention; and

(ii) has introduced measures to ensure that seafarers who
present for recognition certificates for functions at
management level have an appropriate knowledge of the
maritime legislation of Gibraltar relevant to the functions
they are permitted to perform.

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2006/023 (7) Notwithstanding regulation 28(7), the Administration may, if circumstances require, allow a seafarer to serve in a capacity other than radio
officer or radio operator, except as provided by the Radio Regulations, for a
period not exceeding three months on board a Gibraltar ship, while holding
an appropriate and valid certificate issued and endorsed as required by a third
country, but not yet endorsed for recognition by the Administration so as to
render it appropriate for service on board a Gibraltar ship and in that case,
documentary proof shall be kept readily available that application for an
endorsement has been submitted to the Administration.

Recognition of appropriate certificate.

30A. (1) The recognition of an appropriate certificate shall be limited to the
capacities, functions and levels of competency prescribed in the certificate
and it must be accompanied by an endorsement attesting that recognition.

(2) Notwithstanding subregulation (1), the Administration may impose
further limitations on capacities, functions and levels of competence relating
to near-coastal voyages as referred to in regulation 34, or alternative
certificates issued under regulation 32.

(3) The Administration shall ensure that seafarers who present for
recognition of certificates for functions at the management level have an
appropriate knowledge of the maritime legislation of Gibraltar relevant to the
functions they are permitted to perform.


Assessment of compliance and withdrawal of recognition.

31.(1) If the Administration wishes to supplement assessment of compliance
of a third country by evaluating certain maritime training institutes, it shall
proceed according to the provisions of section A-I/6 of the STCW Code.

(2) Notwithstanding the criteria specified in regulation 30(6), when the
Administration considers that a recognised third country no longer complies
with the requirements of the STCW Convention, it shall notify the
Commission immediately, giving substantiated reasons.

(3) When the Administration intends to withdraw the endorsements of all
certificates issued by a third country it shall without delay inform the
Commission and the other Member State of its intention, giving substantiated
reasons for it.

(4) Where the Commission takes a decision for the withdrawal of the
recognition, the Administration shall take appropriate measures to implement
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2006/023 that decision.

(5) Endorsements attesting recognition of certificates, issued in accordance
with regulation 28(7) before the date on which the decision to withdraw
recognition of the third country is taken, shall remain valid; seafarers holding
such endorsements may not claim an endorsement recognising a higher
qualification, however, unless that upgrading is based solely on additional
seagoing service experience.

Alternative certificates.

32.(1) Notwithstanding the requirements for certification specified in Part
3, the Administration may issue or authorise the issue of alternative
certificates subject to the following conditions

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

(b) the candidates for certification–

(i) 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 that Code, for the
functions and levels that are to be stated on the
certificates and in the endorsements;

(ii) have completed approved seagoing service appropriate to
the performance of the functions and levels that are to be
stated on the certificate and the minimum duration of
seagoing service shall be equivalent to the duration of
seagoing service prescribed in regulations 14 to 21 of
these Regulations (but the minimum duration of seagoing
service shall be not less than as prescribed in section A-
VII/2 of the STCW Code);

(iii) who are to perform the function of navigation at the
operational level shall meet the requirements of regulation
22 of these Regulations for performing designated radio
duties in accordance with the Radio Regulations; and

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2006/023 (a) the certificates are issued in accordance with the requirements of regulation 33 of these Regulations and the provisions set
forth in Chapter VII of the STCW Code.

(2) No certificate shall be issued under subregulation (1) unless the
information required by the STCW Convention has been communicated to
the Commission.

(3) Where the Administration decides to issue or authorise alternative
certificates under this regulation, it shall ensure that the following principles
are observed

(a) 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 other
provisions of the STCW Convention;

(b) any arrangement for alternative certification issued under this
regulation shall provide for the interchangeability of certificates
with those issued under other provisions of this Part;

(c) the principle of interchangeability referred to in paragraph (b)
shall ensure that

(i) seafarers certificated under the arrangements of any
provision of regulations 14 to 21 and those certificated
under this regulation are able to serve on ships which
have either traditional or other forms of shipboard
organisation; and

(ii) seafarers are not trained for specific shipboard
arrangements in such a way as would impair their ability
to take their skills elsewhere;

(d) the issue of alternative certificates shall not be used in itself

(i) to reduce the number of crew on board,

(ii) to lower the integrity of the profession or undermine the
skills of seafarers, or

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

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2006/023 (e) 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; and

(f) the principles contained in paragraphs (a) to (c) of this
regulation shall ensure that the competency of both deck and
engineer officers is maintained.

(4) For the purposes of this regulation, a rating who qualifies under
regulation 17 or 21 of these Regulations shall be treated as having qualified
for the purpose of alternative certificates for support level under this
regulation and may be employed as a rating forming part of a navigational or
engineering watch.

Revalidation of certificates of competency and certificates of
proficiency.

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

(a) to meet the standards of medical fitness prescribed by regulation
27; and

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

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

(3) Every master and officer shall, for continuing seagoing service on
board tankers, meet the requirements of subregulation (1) and be required, at
intervals not exceeding five years, to establish continued professional
competence for tankers in accordance with paragraph 3 of Section A-I/11 of
the STCW Code.

(4) The Administration shall–

(a) compare the standards of competence which are required of
candidates for certificates of competency issued until 1 January
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2006/023 2017 with those specified for the relevant certificate of competency in Part A of the STCW Code; and

(b) determine the need to require the holders of such certificates of
competency to undergo appropriate refresher and updating
training or assessment.

(5) The Administration shall, in consultation with those concerned,
formulate or promote the formulation of a structure of refresher and
updating courses as provided for in section A-I/11 of the STCW Code.

(6) For the purpose of updating the knowledge of masters, officers and
radio operators, the Administration 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 Gibraltar ships, while respecting regulations 38(3)(b) and 40.

Part 4
Matters incidental to seafarers training, experience and certification

Principles governing near-coastal voyages.

34.(1) When defining near-coastal voyages the Administration shall not
impose training, experience or certification requirements on seafarers serving
on board ships entitled to fly the flag of another Member State or another
Party to the STCW Convention and engaged in such voyages in a manner
resulting in more stringent requirements for such seafarers than for seafarers
serving on board Gibraltar ships.

(2) In no case shall the Administration impose requirements in respect of
seafarers serving on board ships flying the flag of another Member State or
of another Party to the STCW Convention in excess of those of these
Regulations in respect of ships not engaged in near-coastal voyages.

(3) The Government, 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 of Parties to the STCW Convention within
the limits of the near-coastal definition, shall enter into an undertaking with
the Member States or Parties concerned specifying both the details of the
trading areas involved and other relevant provisions.

(4) Where a Gibraltar ship is regularly engaged in near-coastal voyages
off the coast of another Member State or of another Party to the STCW
Convention, the Administration shall prescribe training, experience and
certification requirements for seafarers serving on such ships at least equal to
those of the Member State or the Party to the STCW Convention off the
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2006/023 coast of which the ship is engaged, provided that they do not exceed the requirements of these Regulations in respect of ships not engaged in near-
coastal voyages.

(5) Seafarers serving on a ship which extends its voyage beyond what is
defined as a near-coastal voyage by the Administration and enters waters not
covered by that definition shall fulfil the appropriate requirements of these
Regulations.

(6) The Administration may afford a Gibraltar ship the benefits of the
near-coastal voyage provisions of these Regulations when it is regularly
engaged off the coast of a non-Party to the STCW Convention on near-
coastal voyages as defined by the Administration.

(7) The certificates of competency of seafarers issued by a Member State
or a Party to the STCW Convention for its defined near-coastal voyage limits
may be accepted by the Administration for service within the defined near-
coastal voyage limits, provided the Member States or Parties concerned
enter into an undertaking specifying the details of the trading areas involved
and other relevant conditions thereof.

(8) The Administration shall, in the case of defining near-coastal
voyages, in accordance with the requirements of this regulation–

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

(b) incorporate the near-coastal voyage limits in the endorsements
issued pursuant to regulation 28.

(9) Upon deciding on the definition of near-coastal voyages and the
conditions of education and training required thereof in accordance with the
requirements of subregulations (1) to (6), the Administration shall
communicate to the Commission the details of the provisions it has adopted.

Quality standards.

35.(1) The Administration shall ensure that

(a) all training, assessment of competence, certification,
endorsement and revalidation activities carried out by a
nongovernmental agency or entity 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 in accordance with Section A-I/8 of the STCW Code;
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2006/023 (b) where governmental agencies or entities perform such activities,
there is a quality-standards system in accordance with Section
A-I/8 of the STCW Code;

(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 are identified;

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

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

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

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

(c) timely action is taken to correct deficiencies;

(d) all applicable provisions of the STCW Convention and the
STCW Code, including amendments are covered by the quality
standards system and the Administration may also include
within this system the other applicable provisions of these
Regulations.

(3) The Administration shall cause a report relating to each evaluation
carried out pursuant to subregulation (2) to be communicated to the
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2006/023 Commission within six months of the date of the evaluation in accordance with Section A-I/7 of the STCW Code.

(4) In order to carry out the purposes of this regulation, the Minister shall,
subject to regulation (6), appoint an audit team comprising of no more than
three persons who are qualified, competent and conversant with the role of
the Administration in respect of the STCW Convention but not themselves
involved in the activities concerned, to conduct periodically an independent
evaluation of the quality standard system developed, operated and
maintained by the Administration.

(5) The team appointed under subregulation (4) shall report back to the
Minister as to the compliance of Regulation I/8 of the STCW Convention.

(6) The Minister need not appoint an audit team to supervise and monitor
the working of the Administration if he is satisfied that an audit team of the
UK-MCA has undertaken such an audit.

(7) The Minister shall cause a report to be transmitted to the IMO at
intervals not exceeding 5 years in respect of information relating to the
evaluation required under this regulation to comply with the provisions of
paragraph 3 of Regulation I/8 of the STCW Convention.

Use of simulators.

36.(1) The Administration shall ensure that the performance standards and
other provisions set out in Section A-I/12 of the STCW code and such other
requirements as are prescribed in Part A of the STCW Code for any
certificate concerned are complied with in respect of

(a) all mandatory simulator-based training;

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

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

(2) Deleted

Responsibility for training and assessment.

37.(1) The Administration is designated for the purpose of this regulation
and it shall be responsible for

(a) providing the training required by regulation 6;
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2006/023 (b) if necessary, organising or supervising the examinations;

(c) issuing the appropriate certificates referred to in regulation
13A; and

(d) granting the dispensations provided for in regulation 41.

(2) The Administration shall ensure that

(a) all training and assessment of seafarer’s is

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

(ii) conducted, monitored, evaluated and supported by
persons qualified in accordance with paragraphs (d), (e)
and (f) of this subregulation;

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

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

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

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

(ii) is qualified in the task for which training is being
conducted; and

(iii) if conducting training using a simulator

(A) has received appropriate guidance in
instructional techniques involving the use of
simulators; and
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2006/023 (B) has gained practical operational experience on
the particular type of simulator being used;

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

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

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

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

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

(iv) has gained practical assessment experience; and

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

(g) when it recognises a course of training, a training institution, or
a qualification granted by a training institution, as part of its
requirements for the issue of a certificate, the qualifications and
experience of instructors and assessors are covered in the
application of the quality standard provisions of regulation 35
and such qualification, experience and application of quality
standards incorporate appropriate training in instructional
techniques and training and assessment methods and practice
and comply with all applicable requirements of paragraphs (d),
(e) and (f) of this regulation.

Responsibilities of companies.

38.(1) A company managing a Gibraltar ship shall ensure that

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2006/023 (a) each seafarer assigned to any of its ships holds an appropriate certificate in accordance with the provisions of these
Regulations and as established by the Administration;

(b) its ships are manned in accordance with the applicable safe-
manning requirements of these Regulations;

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

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

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

(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 paragraphs 3 and 4 of
Chapter V of Regulation 14, of the SOLAS Convention, as
amended.

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

(3) The policies and procedures mentioned in subregulation (2) shall
include

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

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2006/023 (i) the specific equipment the seafarer will be using or operating; and

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

(b) the designation of a knowledgeable crew member who shall be
responsible for ensuring that each newly employed seafarer is
given an opportunity to receive essential information in a
language the seafarer understands.

(4) The company shall make available on board in English an Emergency
Muster List, SOPEP (Ship’s Oil Pollution Plan), Operational manuals, ISM
Code and SMC procedures and other publications of the Administration and
the Organisation and administrative instructions affecting the safe operation
of the ship and protection of the marine environment.

(5) For the purpose of updating the knowledge of masters, officers and
Radio operators, the Administration shall ensure that the texts of changes in
Gibraltar legislation concerning safety and the protection of the marine
environment are made available to all Gibraltar ships.

(6) Where a company fails to comply with the provision of this regulation,
the Administration may suspend the Document of Compliance (DOC) issued
to that company under the ISM Code for such period until the deficiencies
are rectified to the satisfaction of the Administration.

(7) The master and any member of a crew designated with an obligation
under subregulation (2) shall carry out that obligation.

(8) Every company operating a Gibraltar Ship shall ensure that masters,
officers and other personnel assigned specific duties and responsibilities on
board its ro-ro passenger ships shall have completed familiarisation 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.

Fitness for duty.

39.(1) For the purpose of preventing fatigue, a company operating a
Gibraltar Ship shall ensure that–

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2006/023 (a) the rest periods for watchkeeping personnel and those whose duties involve designated safety, security and prevention of
pollution duties in accordance with subregulations (3) to (16);

(b) watch systems are arranged in such a way that the efficiency of
watchkeeping personnel is not impaired by fatigue; and

(c) 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) Every company operating a Gibraltar Ship 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 regulation.

(3) Every company operating a Gibraltar Ship 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 seven-day period.

(5) The hours of rest may be divided into no more than two periods, one
of which shall be at least six 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 subregulations (4) and
(5) need not be maintained in the case of an emergency or in other overriding
operational conditions and musters, firefighting and lifeboat drills, and drills
shall be conducted in a manner that minimises the disturbance of rest periods
and does not induce fatigue.

(7) The master shall ensure that watch schedules are–

(a) posted where they are easily accessible; and

(b) established in a standardised format in the working language or
languages of the ship and in English.

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2006/023 (8) The master shall ensure that 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) The master shall ensure that records of daily hours of rest of seafarers
are maintained in a standardised format, in the working language or
languages of the ship and in English, to allow monitoring and verification of
compliance with this regulation.

(10) The master shall provide each seafarer a copy of the records
pertaining to him maintained under subregulation (9), which shall be
endorsed by the master, or by a person authorised by the master, and by the
seafarer.

(11) Notwithstanding subregulations (3) to (10, 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.

(12) Pursuant to subregulation (11), 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 and 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.

(13) With due regard for the general principles of the protection of the
health and safety of workers and in line with the Gibraltar Merchant Shipping
(Seafarers’ Hours of Work and Medical Examination) Regulations, 2003, the
Administration may authorise or register collective agreements permitting
exceptions to the required hours of rest set out in subregulations (4)(b) and
(5) if the rest period is no less than 70 hours in any seven-day period and
respects the limits set out in subregulations (15) and (16).

(14) Exceptions referred to in subregulation (13) shall, as far as possible–
(a) follow the standards set out but may take account of more
frequent or longer leave periods, or the granting of
compensatory leave for watchkeeping seafarers or seafarers
working on board ships on short voyages; and

(b) take into account the guidance regarding prevention of fatigue
laid down in Section B-VIII/1 of the STCW Code,

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2006/023 but, exceptions to the minimum hours of rest provided for in subregulation (4)(b) shall not be allowed.

(15) Exceptions referred to in subregulation (13) to the weekly rest period
provided for in subregulation (4)(b) shall not be allowed for more than two
consecutive weeks and the intervals between two periods of exceptions on
board shall not be less than twice the duration of the exception.

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

(17) For the purpose of preventing alcohol abuse, the master, officers and
other seafarers while performing designated safety, security and marine
environmental duties shall maintain 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.

Responsibilities of the company and the master with regard to on-board
communication.

40.(1) The company and the master of a Gibraltar ship shall ensure that–

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

(b) on board passenger ships the personnel nominated on a muster
list to assist passengers in an emergency situation are readily
identifiable and have communication skills that are sufficient for
that purpose;

(c) on board oil tankers, chemical tankers and liquefied gas tankers,
the master, officers and ratings on board are able to
communicate with each other in English; and

(d) there are adequate means for communication between the ship
and the shore-based authorities, which shall be conducted in
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2006/023 accordance with Chapter V, Regulation 14, paragraph 4, of the SOLAS Convention.

(2) In ensuring compliance with the requirement of subregulation (1)(b), an
appropriate and adequate combination of any of the following factors shall
be taken into account

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

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

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

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

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

(3) In order to ensure effective crew performance in safety matters, the
company of–

(a) a Gibraltar ship shall ensure that each seafarer understands
English and where appropriate, can give orders and instructions
and report back in English, and where English is not the official
language of the ship, it may establish another working language
and all plans and lists that must be posted shall include
translations into English; and

(b) a passenger ship which is not registered in Gibraltar but starting
or finishing a voyage in the port of Gibraltar shall establish a
language to be the working language of the ship by which all
seafarers can give orders and instructions and report back in
that language and where English is not the official language of
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2006/023 the ship, all plans and lists that must be posted shall include translations into English.

(4) Where a company, in the case of a Gibraltar ship, fails to comply with
this regulation, the Administration may suspend the Document of
Compliance (DOC) issued to that company under the ISM Code for such
period until the deficiencies are rectified to the satisfaction of the
Administration.

(5) Where a company, in the case of a passenger ship not registered in
Gibraltar but starting or finishing a voyage in the port of Gibraltar, fails to
comply with this regulation, the Administration shall carry out port state
control checks pursuant to regulation 44 and shall take action in accordance
with that regulation.

Dispensation.

41.(1) In circumstances of exceptional necessity when the services of a duly
qualified officer are not available, the company may apply to the
Administration for a dispensation giving particulars of the seafarer who is
intended should fill the vacancy temporarily and the particulars of the ship
and the intended voyages.

(2) Where the Administration is satisfied that–

(a) the seafarer concerned is adequately qualified to fill the vacant
post in a safe manner; and

(b) the dispensation shall not cause danger to persons, property or
environment,

it may issue a dispensation permitting a specified seafarer to serve in a
specified ship for a period not exceeding six months in a capacity other than
that of master, Chief engineer officer or Radio operator.

(3) Any dispensation granted for a post shall be granted only to a person
properly certificated to fill the post immediately below.

(4) Where certification of the post immediately below is not required by
the STCW Convention, a dispensation may be issued to a person whose
qualifications and experience are, in the opinion of the Administration, of a
clear equivalence to the requirements for the post to be filled.

(5) Where the person in favour of whom a dispensation is issued under
subregulation (4) holds no appropriate certificate, that person shall be
required to pass a test accepted by the Administration as demonstrating that
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2006/023 such a dispensation may safely be issued and in such a case, the company shall ensure that the holder of an appropriate certificate fills the post in
question, as soon as possible.

(6) The Maritime Administrator shall, not later than 31 January each year,
send a report to the IMO, giving information on the total number of
dispensations in respect of each capacity for which a certificate is required
that have been issued in the previous calendar year.

Inquiry, Investigation and disciplinary measures.

42.(1) The master or the company shall notify the Maritime Administrator
regarding any 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 holder of any certificate of competency and
certificate of proficiency or endorsement issued by the Administration in
connection with the performance of duties relating to that certificate of
competency and certificate of proficiency.

(2) On receipt of the notification under subregulation (1) the Maritime
Administrator shall request the Minister to appoint a suitably qualified person
to–
(a) conduct an impartial inquiry into the notified matter; and

(b) make a report to the Maritime Administrator within such time
as may be determined by the Minister.

(3) Where the Maritime Administrator is satisfied that the inquiry report
has established that the alleged incompetence, act, omission or compromise
to security on the part of the seafarer holding the certificate of competency
and certificate of proficiency has posed a direct threat to safety of life or
property at sea or to the marine environment, he may withdraw or suspend
(for such period as he deems fit) the certificate of competency and certificate
of proficiency or the endorsement issued to the seafarer.

(4) Where an endorsement was issued against a certificate issued abroad,
the relevant issuing authority shall be informed of the fact that an inquiry or
investigation has been held under this regulation with details thereof.

(5) The Maritime Administrator shall forward a report including a
summary of activities done under this regulation to the IMO.

(6) It shall be an offence where–

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2006/023 (a) a company or a master has engaged a person not holding a certificate as required by these Regulations;

(b) a master has allowed any function or service in any capacity
which under these Regulations must be performed by a person
holding an appropriate certificate to be performed by a person
not holding the required certificate, a valid dispensation or
having the documentary proof required by regulation 30(7); or

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

Prevention of fraud and other unlawful practices.

42A.(1) No application for recognition of certificates or endorsement shall
be accepted by the Administration unless the copies of certificates are
certified to be correct by a notary public, the crewing agents or an ISM
Company.

(2) The Administration shall, on receipt of all the documents including
the copies of the application whether by fax or email, check and compare the
details and if necessary, ask for any other information or documents from the
applicants.

(3) In the process of application, the Administration may use the IMO
verification webpage to contact other administrations direct and keep a log
of all responses.

(4) The Administration shall maintain the appropriate electronic
databases accessible over its network for recognition endorsements.

(5) The Gibraltar flag state endorsement shall–

(a) follow the STCW template;

(b) be signed and stamped in original; and

(c) scanned electronically and laminated to seal the interior.

(6) The endorsement shall–

(a) be printed on paper which may or may not have a watermark or
any unique identification print; and

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2006/023 (b) have contact details of the Administration on the second page.

(7) No duplicates of certificates or replacements shall be issued without
an application in writing to the Administration.

(8) Every old or expired endorsement shall be returned to the
Administration for destruction.

(9) The Maritime Administrator shall be–

(a) the competent authority to detect and combat fraud and other
unlawful practices concerning the certificates of seafarers; and

(b) responsible for exchange of information with the competent
authorities of other Member States.

(10) At the request of a competent authority of other Member States, the
Maritime Administrator, or an officer nominated by the Maritime
Administrator shall provide written confirmation or denial of the authenticity
of seafarers’ certificates, corresponding endorsements or any other
documentary evidence of training issued in Gibraltar.

Offences and penalties.

43.(1) A company which or an individual who contravenes regulation 4(1),
5, 6(1), 7(2) and (3), 9A, 9B, 9C, 13, 19A, 21A, 21B, 21C, 26A, 26B, 34
(5) 38 (1), (2), (4) or (8), 39, 42 is guilty of an offence and liable–

(a) on summary conviction to a fine not exceeding level 5 on the
standard scale;

(b) on conviction on indictment (in the case of an individual) to
imprisonment for a term not exceeding one year; or

(c) by both.

(2) Any master who contravenes regulation 4(2) or 27(6) is guilty of an
offence and liable

(a) on summary conviction to a fine not exceeding level 5 on the
standard scale;

(b) on conviction on indictment to imprisonment for a term not
exceeding one year; or

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2006/023 (c) by both.

(3) Any member of the crew who contravenes regulation 38(7) is guilty of
an offence and liable on summary conviction to a fine not exceeding level 3
on the standard scale.

(4) It shall be a defence for a person charged with an offence under these
Regulations to prove that he took all reasonable steps to avoid commission
of the offence.

(5) In any proceedings for an offence under these Regulations consisting of
a failure to comply with a duty or requirement to do something so far as is
reasonably practicable, it shall be for the accused to prove that it was not
reasonably practicable to do more than was in fact done to satisfy the duty or
requirement.

(6) The Maritime Administrator may cancel or withdraw a certificate or
endorsement issued following the making of a false declaration or untrue
statement or use of a forged document by any person to obtain the certificate
or endorsement, in addition to further legal action the Administration may
choose to take.

(7) Where a person uses or attempts to use a certificate or endorsement
which has not been issued to him, such documents shall be confiscated and
any national Administrations which appear to the Administration to have an
interest in the matter will be notified and the Administration may, at its
discretion, impose restrictions on employment of such seafarers on Gibraltar
ships.

(8) A company and the master who fails to notify the Maritime
Administrator as required by regulation 42(1) are guilty of an offence and
liable on summary conviction to a fine not exceeding level 2 on the standard
scale.

(9) Where a person, a company or the master has committed an offence
under regulation 42(6), shall be liable on summary conviction to a fine not
exceeding level 4 on the standard scale.

Port State Control.

44.(1) The Maritime Administrator may arrange for a marine surveyor or
inspector to board any ship to which these Regulations apply when that ship
is in BGTW to verify, in accordance with the provisions of Merchant
Shipping (Port State Control) Regulations 2011, that every seafarer serving
on board the ship–

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2006/023 (b) holds a certificate of competency, a certificate of proficiency or documentary evidence or all of them as required under the
STCW Convention; and

(c) holds such a certificate of competency or valid dispensation or
certificate of proficiency or documentary evidence or all of
them.

(2) Without prejudice to Merchant Shipping (Port State Control)
Regulations 2011, port State control under subregulation (1) shall be limited
to the following–

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

(b) verification that the numbers and certificates of the seafarers
serving on board are in accordance with the safe-manning
requirements of the competent authority of the flag State.

(2A) During port state control under this regulation, the ability of the
ship’s seafarers to maintain watchkeeping and security standards, as
appropriate, as required by the STCW Convention shall also 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–

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

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

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

(d) the ship is otherwise being operated in such a manner as to pose
a danger to persons, property or the environment, or to
compromise security;
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2006/023 (e) a certificate has been fraudulently obtained or the holder of a
certificate is not the person to whom that certificate was
originally issued;

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

(3) If the control procedures laid down in subregulations (1) to (2A) reveal
any serious deficiency specified in subregulation (4) which in the opinion of
the Maritime Administrator may pose a danger to the ship, persons, property
or the environment then the Maritime Administrator may prevent the vessel
from proceeding to sea until such time as the deficiencies are corrected to an
extent that it does not pose any danger to life, property or the environment.

(4) Deficiencies referred to in subregulation (3) are–

(a) a failure of any seafarer, required to hold an appropriate
certificate, to have a valid appropriate certificate or a valid
exemption from that requirement;

(b) a failure to comply with a requirement of a safe manning
document;

(c) a failure of navigational or engineering watch arrangements to
conform to the requirements specified for the ship by the
competent authority of the country in which the ship is
registered;

(d) an absence on a watch of a person qualified to operate
equipment essential to safe navigation, safety radio
communications or the prevention of marine pollution;

(e) an inability of the master to provide adequately rested persons
for the first watch at the commencement of a voyage and for
subsequent relieving watches.

(5) If the control procedures reveal use of documents by persons other
than the genuine holder or forged or tampered documents then those illegal
documents shall be immediately seized and the national Administration of the
seafarer concerned shall be notified.

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2006/023 (6) The position held by the person using the illegal documents referred to in subregulation (5) shall be considered vacant until a duly qualified seafarer
is employed to meet the requirements of the safe manning document.

(7) The Maritime Administrator shall ensure that all cases of detention
following a port state control inspection are promptly notified to all agencies
including the Port Authority and the Customs Department in addition to the
Flag Administration or its diplomatic representative in the UK or Gibraltar.

(8) When a ship is allowed to proceed to a nearby port for supplies or
repairs to correct any deficiency, the Administration of the relevant state
shall be informed accordingly.

Information for statistical purposes.

44A.(1) The Administration shall communicate the information listed in
Schedule 2 to the Commission for the purposes of statistical analysis only
and such information may not be used for administrative, legal or verification
purposes, and is exclusively for use by Member States and the Commission
in policy-making.

(2) The Administration shall–

(a) make available the information referred to in subregulation (1)
to the Commission on a yearly basis and in electronic format
and shall include information registered until 31 December of
the previous year;

(b) retain all property rights to the information in its raw data
format.

(c) make publicly available the processed statistics drawn up on the
basis of such information in accordance with the provisions on
transparency and protection of information set out in Article 4
of Regulation (EC) No 1406/2002.

(3) In order to ensure the protection of personal data, the Administration
shall anonymise all personal information as indicated in Schedule 2 by using
software provided or accepted by the Commission before transmitting it to
the Commission.

(4) The Administration shall ensure that measures for collecting,
submitting, storing, analysing and disseminating information under this
regulation are designed in such a way that statistical analysis is made
possible.

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2006/023 Transitional provisions.
44B.(1) In respect of those seafarers who commenced approved seagoing
service, an approved education and training programme or an approved
training course before 1 July 2013, the Administration may continue to issue,
recognise and endorse, until 1 January 2017, certificates of competency in
accordance with the requirements of these Regulations as they were before 3
January 2013.

(2) Until 1 January 2017, the Administration may continue to renew and
revalidate certificates of competency and endorsements in accordance with
the requirements of these Regulations as they were before 3 January 2013.

Fees.

45. The following rates of fees (payable to the Government of Gibraltar)
shall be charged for the services rendered under these Regulations:

Table

Services Fee
1. Gibraltar endorsement for the capacity of
master or Chief engineer officer

£75.00
2. Gibraltar endorsement for the capacity of
Chief mate/Second engineer officer

£50.00
3. Gibraltar endorsement for Watchkeeping
officer (Deck/Engineer)

£40.00
4. Watchrating (navigational or engine room or
dual purpose) certificate

£30.00
5. Ship’s Cook Certificate

£40.00
6. Able Seaman Certificate

£40.00
7. Tanker familiarisation certificate

£30.00
8. Tanker endorsement (with Gibraltar
endorsement)

£20.00
9. Tanker endorsement (without Gibraltar
endorsement)

£40.00
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2006/023 10. Issue of Discharge Book
£100.00
11. Article of Agreement for a Gibraltar ship

£20.00
12. Safe manning document

£100.00
13. Dispensation

£50.00
14. Certificate to operate Government/local
vessels

£50.00
15. Revalidation/Extension of a certificate/
Endorsement
£30.00

Appeals.

46.(1) In the case of any dispute or complaint with regard to any decision
made by the Administration in carrying out its duties under these
Regulations, the owner or operator of a ship or his representative in
Gibraltar or the company may, within 7 days, make an appeal to the Minister
and the Minister shall dispose of the appeal as soon as possible in writing
giving reasons for his decision.

(2) On an appeal under subregulation (1), the Minister shall either

(a) confirm the decision made by the Administration or confirm it
with such modifications as he thinks fit; or

(b) cancel it.

(3) A second appeal may be made to the Supreme Court and only on a
point of law.

(4) An appeal under subregulation (3) shall be made within 21 days from
the decision made under subregulation (1) and the Court shall give an
expedited hearing to that appeal.

(5) An appeal to the Minister or to the Supreme Court shall not suspend
the operation of a notice of detention of a ship.

Powers to make Administrative Instructions.

47.(1) Subject to prior consultation with the Minister, the Maritime
Administrator may make Administrative Instructions in respect of procedures
and details relating to

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2006/023 (a) the issue of a safe manning document;
(b) watchkeeping standards and arrangements;

(c) the assessment, approval and monitoring of training institutes or
training centres in order that the approved centres may conduct
training, assess the competence and issue certificates to
successful participants;

(d) the recognition of certificates issued by other parties and the
issue of a Gibraltar endorsement to such certificates to enable
the holder to serve as a master or officer on a Gibraltar ship;

(e) the issue of appropriate certificates in Gibraltar;

(f) the issue of certificates and endorsements for service on
Tankers;

(g) the issue of watch rating certificates;

(h) the issue Able Seaman Certificate;

(i) the issue of a Ship's Cook certificate;

(j) cadet training programmes;

(k) standards of medical fitness for seafarers, particularly regarding
eyesight and hearing, and the issue of certificates of medical
fitness;

(l) the maintenance of registers of all certificates and endorsements
for masters and officers and, as appropriate, ratings, which are
issued, have expired or have been revalidated, suspended,
cancelled or reported lost or destroyed and of dispensations
issued; and making available information on the status of such
certificates, endorsements and dispensations to other parties and
companies which request verification of the authenticity and
validity of the documents produced to them;

(m) the issue of a Discharge Book;

(n) the issue of certificates for operation of Government vessels,
pleasure vessels and other vessels operating within Gibraltar
waters;

(o) the format of an “Article of Agreement”;
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2006/023 (p) the conduct of inquiry into an accident and follow-up action;

(q) any other matter considered relevant by the Maritime
Administrator.

Revocation.

48. The Gibraltar Merchant Shipping (Manning, Training, Certification and
Related Seafarers’ Matters) Regulations 2002 are revoked.
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2006/023 SCHEDULE 1
Regulations 2, 6, 13A and 33

TRAINING REQUIREMENTS OF THE STCW CONVENTION,
REFERRED TO IN REGULATION 6

CHAPTER I
GENERAL PROVISIONS

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

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

2. Part A of the STCW Code contains standards of competence required to
be demonstrated by candidates for the issue, and revalidation of certificates
of competency under the provisions of the STCW Convention. To clarify the
linkage between the alternative certification provisions of Chapter VII and
the certification provisions of Chapters II, III and IV, the abilities specified in
the standards of competence are grouped as appropriate under the following
seven functions:

(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.

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2006/023 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
onboard 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; and

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

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2006/023 Mandatory minimum requirements for certification of masters and chief mates on ships of 500 gross tonnage or more.

Master and chief mate on ships of 3,000 gross tonnage.

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

2. Every candidate for certification shall:

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; and

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

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

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

4. Every candidate for certification shall:

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

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

4.3. have completed approved training and meet the standard of
competence specified in Section A-II/2 of the STCW Code for
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2006/023 masters and chief mates on ships of between 500 and 3,000 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-costal voyages

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

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

Ships engaged on near-costal voyages.

Officer in charge of a navigational watch

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

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

4.1. be not less than 18 years of age;

4.2. have completed:

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

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

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

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2006/023 4.4. have completed approved education and training and meet the standard of competence specified in Section A-II/3 of the
STCW Code for officers in charge of a navigational watch on
ships of less than 500 gross tonnage engaged on near-coastal
voyages; and

4.5. 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.

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

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

6.1. be not less than 20 years of age;

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

6.3. have completed approved education and training and meet the
standard of competence specified in Section A-II/3 of the
STCW Code for masters on ships of less than 500 gross
tonnage engaged on near-coastal voyages; and
6.4. 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.

Exemptions.

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

Regulation II/4

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2006/023 Mandatory minimum requirements for certification of ratings forming part of a navigational watch.

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

2. Every candidate for certification shall:

2.1. be not less than 16 years of age;

2.2. have completed:

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

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

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

3. The seagoing service, training and experience required by 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;

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2006/023 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;

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2006/023 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; and
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 3,000 kW propulsion power or more.

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

2. Every candidate for certification shall:

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
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2006/023 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 3,000 kW propulsion
power.

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

2. Every candidate for certification shall:

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; and

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

3. Every engineer officer who is qualified to serve as second engineer officer
on ships powered by main propulsion machinery of 3,000 kW propulsion
power or more, may serve as chief engineer officer on ships powered by
main propulsion machinery of less than 3,000 kW propulsion power,
provided that the certificate is so endorsed.

Regulation III/4

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2006/023 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; and

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;

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2006/023 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 six 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
officers.

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 six 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
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2006/023 combined workshop skills training and approved seagoing service of which not less than 30 months will be seagoing
service in the engine department;

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

2.4. 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.

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:

2.1. be not less than 18 years of age;

2.2. have completed approved seagoing service including not less
than 12 months training and experience; or

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2006/023 2.3. have completed approved training, including an approved period of seagoing service which shall not be less than six months; or

2.4. 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 three months; and

2.5. 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 OPERATORS

Explanatory note

Mandatory provisions relating to radio watchkeeping are set forth in the
Radio Regulations and in SOLAS Convention, as amended. Provisions for
radio maintenance are set forth in the SOLAS Convention, 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 Convention, as amended.

2. Radio operators on ships not required to comply with the provisions of the
GMDSS in Chapter IV of the SOLAS Convention are not required to meet
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2006/023 the provisions of this chapter. Radio operators on these ships are, nevertheless, required to comply with the Radio Regulations. Member States
shall ensure that the appropriate certificates as prescribed by the Radio
Regulations are issued to or recognised in respect of such radio operators.

Regulation IV/2

Mandatory minimum requirements for certification of GMDSS radio
operators.

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

2. In addition, every candidate for certification of competency under this
regulation for service on a ship which is required by the SOLAS Convention,
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:

2.1. 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
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2006/023 2.2. 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:

4.1. meet the requirements for certification in basic training for oil
and chemical tanker cargo operations; and

4.2. while qualified for certification in basic training for oil and
chemical tanker cargo operations have:

4.2.1. at least three months of approved seagoing service on
oil tankers; or

4.2.2. 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

4.3. 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:

6.1. meet the requirements for certification in basic training for oil
and chemical tanker cargo operations; and

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2006/023 6.2. while qualified for certification in basic training for oil and chemical tanker cargo operations have:

6.2.1. at least three months of approved seagoing service on
chemical tankers; or

6.2.2. 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

6.3. 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 paragraph 2, 4 or 6 as
appropriate, or that an existing certificate of competency or certificate of
proficiency is duly endorsed.


Regulation V/1-2

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

1. Officers and ratings assigned specific duties and responsibilities related to
cargo or cargo equipment on liquefied gas tankers shall hold a certificate in
basic training for liquefied gas tanker cargo operations.
2. Every candidate for a certificate in basic training for liquefied gas tanker
cargo operations shall have completed basic training in accordance with
provisions of Section A-VI/1 of the STCW Code and shall have completed:

2.1. 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

2.2. 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
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2006/023 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:

4.1. meet the requirements for certification in basic training for
liquefied gas tanker cargo operations; and

4.2. while qualified for certification in basic training for liquefied gas
tanker cargo operations have:

4.2.1. at least three months of approved seagoing service on
liquefied gas tankers; or

4.2.2. 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

4.3. 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 paragraphs 4 to 7
below in accordance with their capacities, duties and responsibilities.
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2006/023 3. Seafarers who are required to be trained in accordance with paragraphs 4,
6 and 7 shall at intervals not exceeding five years undertake appropriate
refresher training or be required to provide evidence of having achieved the
required standard of competence within the previous five years.

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

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

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

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

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

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

Regulation VI/1

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

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

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2006/023 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:

1.1. be not less than 18 years of age;

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

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

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

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

2.2. have attended an approved training course; and

2.3. 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
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2006/023 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:

1.1. have approved seagoing service of not less than 12 months or
appropriate seagoing service and knowledge of ship operations;
and

1.2. 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.

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AND CERTIFICATION FOR SEAFARERS) REGULATIONS 2006
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2006/023 1. Seafarers shall receive security-related familiarisation and security- awareness training or instruction in accordance with Section A-VI/6,
paragraphs 1 to 4 of the STCW Code and shall meet the appropriate
standard of competence specified therein.

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

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

Seafarers with designated security duties.

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

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

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


CHAPTER VII
ALTERNATIVE CERTIFICATION

Regulation VII/1

Issue of alternative certificates.

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

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2006/023 1.1. the associated functions and levels of responsibility to be stated on the certificates and in the endorsements are selected from
and identical to those appearing in Sections A-II/1, A-II/2, A-
II/3, A-II/4, A-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;

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

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

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

1.5. the certificates are issued in accordance with the requirements
of Article 5 of this Directive 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.

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2006/023 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:

1.1. 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; and

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

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

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

2.2. seafarers are not trained for specific shipboard arrangements in
such a way as would impair their ability to take their skills
elsewhere.

3. In issuing any certificate under the provisions of this chapter the following
principles shall be taken into account:

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

3.1.1. to reduce the number of crew on board;

3.1.2. to lower the integrity of the profession or ‘de-skill’
seafarers; or

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

3.2. the person in command shall be designated as the master and
the legal position and authority of the master and others shall
not be adversely affected by the implementation of any
arrangement for alternative certification.

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2006/023 4. The principles contained in points 1 and 2 shall ensure that the competency of both deck and engineer officers is maintained.

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2006/023 SCHEDULE 2

Regulation 44A

TYPE OF INFORMATION TO BE COMMUNICATED TO THE
COMMISSION FOR STATISTICAL PURPOSES

1. Where reference is made to this Annex, the following information
specified in Section A-I/2, paragraph 9 of the STCW Code for all certificates
of competency or endorsements attesting their issue, all endorsements
attesting the recognition of certificates of competency issued by other
countries, shall be provided and where marked (*) this provision shall be in
an anonymised form as required by Article 25a(3):

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

(i) seafarer’s unique identifier, if available (*),

(ii) seafarer’s name (*),

(iii) seafarer’s date of birth,

(iv) seafarer’s nationality,

(v) seafarer’s gender,

(vi) CoC endorsed number (*),

(vii) EaI number (*),

(viii) capacity(ies),

(ix) date of issue or the most recent date of revalidation of the
document,

(x) date of expiry,

(xi) status of the certificate,

(xii) limitation; and

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

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2006/023 (i) seafarer’s unique identifier, if available (*),
(ii) seafarer’s name (*),

(iii) seafarer’s date of birth,

(iv) seafarer’s nationality,

(v) seafarer’s gender,

(vi) country issuing the original CoC,

(vii) original CoC number (*),

(viii) EaR number (*),

(ix) capacity(ies),

(x) date of issue or the most recent date of revalidation of
the document,

(xi) date of expiry,

(xii) status of the endorsement,

(xiv) limitations.

2. The Administration may provide, on a voluntary basis, information on the
certificates of proficiency (CoP) issued to ratings in accordance with
Chapters II, III, and VII of the Annex to the STCW Convention, such as:

(a) seafarer’s unique identifier, if available (*),

(b) seafarer’s name (*),

(c) seafarer’s date of birth,

(d) seafarer’s nationality,

(e) seafarer’s gender,

(f) CoP number (*),

(g) capacity(ies),

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2006/023 (h) date of issue or date of the most recent revalidation of the document,

(i) date of expiry,

(j) status of the CoP.