Key Benefits:
Publics concerned: shipping companies, training providers and sea professionals navigating on board armed commercial or pleasure ships with a crew role.
Subject: The text aims to take into account the amendments made to Manila on 24 June 2010 to the 1978 International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, known as the "TCW Convention" and the provisions of Directive 2012/35/EU harmonizing the implementation of these amendments at the European level. It sets out training provisions for personnel serving on passenger vessels.
Entry into force: the text comes into force on the day after its publication. For vessels of a gross tonnage equal to or greater than 500 on national voyages, the provisions of the Order come into force on July 1, 2015.
Notice: The 2010 amendments to the STCW Convention aim to enhance maritime security by strengthening or creating certain trainings, in particular with a view to reducing human risk factors. This text transposes STCW Agreement V/2 on mandatory requirements for the training and qualifications of masters, officers, deckhands and other personnel of passenger vessels.
References: This Order is available on the website Légifrance (http://www.legifrance.gouv.fr).
Minister of Ecology, Sustainable Development and Energy,
In view of the international convention on standards for the formation of seafarers, the grant of patents and the monitoring (and an annex) made in London on 7 July 1978, together the code for the formation of seafarers, the grant of patents and the monitoring (code STCW), as amended;
Having regard to Directive 2008/106/EC of the European Parliament and the Council of 19 November 2008 on the minimum level of training of seafarers, as amended by Directive 2012/35/EU of the European Parliament and the Council of 21 November 2012;
Considering the transport code, including articles L. 5521-2 and L. 5549-1;
Vu le education codeincluding article R. 342-2;
Vu le Decree No. 84-810 of 30 August 1984 amended to safeguard human life, habitability on board ships and prevent pollution;
Vu le Decree No. 99-439 of 25 May 1999 modified for the issuance of maritime professional training titles and the conditions for the performance of duties on board commercial and fishing vessels and armed pleasure craft with a crew role;
Having regard to the amended decision of 23 November 1987 on vessel safety;
Having regard to the amended decision of 22 May 1998 on the liability of the companies and the crew;
In view of the July 1, 1999 decision on the conditions for taking into account the service on board a ship for the issuance and for the revalidation of the maritime professional training titles for the commercial navigation;
In view of the Order of May 12, 2011 on the approvals of service providers delivering marine professional training;
Considering the advice of the specialized committee on marine professional training in its session of January 28, 2014,
Stop it!
1° This Order sets out the conditions for the issuance of training certificates for captains, officers, deckhands and other personnel on board passenger vessels carrying international travel and passenger vessels of a gross tonnage equal to or greater than 500 national travellers.
2° For the purposes of this Order, "calling role" means the call role as described in Divisions 221 and 223 of the Ship Safety Regulations annexed to the above-mentioned Order of 23 November 1987.
Before being assigned to work on a ship referred to in section 1 of this Order, the persons referred to in this section shall be provided with the training prescribed in sections 3 to 6 below, which corresponds to their capacity, duties and responsibilities.
Captains, officers and other personnel designated on the call role, to assist passengers in emergency situations on board the vessels referred to in section 1 of this Order, shall be trained in the supervision of passengers under the conditions set out in Appendix I to this Order (1).
The personnel providing direct service to passengers on passenger premises on board the vessels referred to in section 1 of this section shall be provided with security training, subject to the conditions set out in Appendix I to this Order.
Captains, chief engineers, second captains, second mechanics and any person designated on the appeal role, to be responsible for the safety of passengers in emergency situations on board the vessels referred to in section 1 of this Order, shall be trained in the management of situations of crisis and human behaviour under the conditions set out in Appendix I to this Order.
Captains, chief engineers, second captains, second mechanics and any person directly responsible for the boarding and disembarking of passengers, loading, unloading or seizing of the cargo or for the closure of the hull openings on board the passenger rouliers shall be trained in the safety of passengers and cargo and the integrity of the hull under the conditions set out in Appendix I to this Order.
1° The trainings referred to in Articles 3 to 6 of this Order shall be provided by a registered provider for this purpose under the conditions established by the above-mentioned Order of 12 May 2011 and this Order;
2° A certified training certificate is issued to the applicant in accordance with Annex II, Model No. 1 of this Order (1) for the training.
If the provider has provided all the training to the same candidate, a single certificate of training may be issued in accordance with model 2 in the same annex. A procedure for issuing training certificates is included in the application for accreditation;
3° The shipping companies that wish to be approved to revalidate the training certificates of their personnel under the conditions of 2° of section 9 of this order shall include in their registration records the procedure for the revalidation of the training certificates. This procedure shall ensure that the traceability of the training or service at sea is ensured and that the provisions of this Order are complied with.
The training certificates for the training courses mentioned in Articles 3, 5 and 6 of this Order are valid for five years from the date of issuance of the certificate.
In addition to this deadline, any holder of any of these certificates must, in order to continue to be assigned to work on a ship referred to in section 1 of this Order, demonstrate the maintenance of its jurisdiction.
1° In order to demonstrate the continued professional competence, the holder of any training certificate referred to in Article 8 of this Order must, at intervals not exceeding five years, have, within twelve months prior to the application for revalidation, successfully followed the training or training provided in Appendix I to this Order.
2° For a person serving on a passenger vessel whose operation is entrusted to a marine company that holds an approval under the conditions set out in 1° and 3° of section 7 of this Order, the training certificate may also be revoked if, at intervals not exceeding five years, the holder meets one of the following conditions:
―having performed, under the conditions provided for in the above-mentioned judgment of July 1, 1999, a service at sea on a ship referred to in article 1 of this Order, of a total of three months in the six months preceding the application for revalidation; or
―having performed, under the conditions provided for in the above-mentioned judgment of July 1, 1999, a service at sea on a ship referred to in section 1 of this Order, a total of twelve months in the five years preceding the application for revalidation, three months in the last two years.
The revalidation of a training certificate issued pursuant to this Order shall result in the issuance of a new certificate by registered providers for that purpose in accordance with the appropriate model in Appendix II to this Order for a maximum of five years.
In accordance with Article 7 of the above-mentioned Order of May 12, 2011, approved service providers shall report to the Authority at each end of the school year.
Providers shall make available to this authority a record of the certificates they issue and a copy of each certificate issued. The register specifies the number of the certificate, the date of issue, the name and name of the holder, the date of termination of the certificate and whether it is a primo-delivery or a revalidation.
In accordance with the above-mentioned Order of May 22, 1998, the shipping companies ensure that the master, officers and other personnel to whom specific tasks and responsibilities are assigned on board their passenger vessels have been trained in safety familiarization on board passenger vessels.
1° The approval decisions issued to service providers pursuant to the Framework Agreement for Training in the Safety of Marine Business Operators on July 2, 2001 and the training certificates issued on the basis of these accreditation decisions are valid until their expiry date and no later than December 31, 2016.
Certifications issued on the basis of these approval decisions continue to be issued under the conditions set out in the framework agreement of 2 July 2001 referred to above;
2° The approval decisions issued to service providers in accordance with the provisions of the International Convention on the Standards of Training of Seafarers, Granting of Patents and Forensic Watches remain valid until their expiry date;
3° As of July 1, 2014, only applications for the approval of a provider for training in order to obtain training certificates in accordance with this Order are instructed.
1° Holders of the training certificates issued on the basis of the above-mentioned 2 July 2001 Framework Agreement may, by proving the retention of their skills under the conditions of Article 9 of this Order, obtain a training certificate in accordance with the appropriate model in Appendix II to this Order;
2° The holders of the safety training certificate for personnel directly providing a passenger service issued on the basis of the above-mentioned framework agreement of 2 July 2001 shall be deemed to have met the proficiency standard required in section 4 of this order and may be issued a certificate in accordance with the appropriate model in Appendix II for the training under review.
For vessels of a gross tonnage equal to or greater than 500 on national voyages, the provisions of this Order come into force on 1 July 2015.
The Director of Maritime Affairs is responsible for the execution of this Order, which will be published in the Official Journal of the French Republic.
Done on May 6, 2014.
For the Minister and by delegation:
The Director of Maritime Affairs,
R. Bréhier
