S.I. No. 703/2007 - Merchant Shipping (Training and Certification) Regulations 2007

1. If the Minister elects to issue or authorise the issue of alternative certificates he or she shall ensure that the following principles are observed

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

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

2. The principle of interchangeability in paragraph 1 shall ensure that

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

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

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

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

3.1.1. to reduce the number of crew on board,

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

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

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

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

Regulation 3.

SCHEDULE 2 REGULATIONS REVOKED

Merchant Shipping (Training and Certification) Regulations 1998 (

S.I. No. 553 of 1998

).

Merchant Shipping (Radio) (Amendment) Rules 1998 (

S.I. No. 554 of 1998

).

Merchant Shipping (Training and Certification) (STCW Convention States) Order 1998 (

S.I. No. 555 of 1998

).

Merchant Shipping (Training and Certification) (Amendment) Order 1999 (

S.I. No. 404 of 1999

).

Merchant Shipping (Training and Certification) (Amendment) Regulations 2000 (

S.I. No. 382 of 2000

).

European Communities (Merchant Shipping) (Training and Certification) (Amendment) Regulations 2004 (

S.I. No. 126 of 2004

).

Merchant Shipping (Training and Certification) (Amendment) Regulations 2001 (

S.I. No. 629 of 2001

).

GIVEN under my Official Seal,

18 October 2007

NOEL DEMPSEY.

Minister for Transport.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation)

These Regulations give effect to Consolidating Directive 2001/25/EC of the European Parliament and of the Council of 4 April 2001 on the minimum level of training for sea farers, as amended and also Directive 2005/45/EC of the European Parliament and of the Council of 7 September 2005 on the mutual recognition of seafarers certificates issued by Member States and amending Directive 2001/25/EC.

The introduction of these Regulations will ensure that Ireland is fully compliant with its obligations in relation to both the STCW Convention and related EU Directives in relation to training and certification of seafarers.

The Regulations listed in Schedule 2 are revoked and replaced by this statutory instrument.

1 O.J. No. L 136, 18.05.2001, p. 17.

2 O.J. No. L 255, 30.09.2005, p. 160.

3 O.J. No. L 208, 05.08.2002, p. 1.

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. Personnel providing direct service to passengers on board passenger ships in passenger spaces shall have 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 completed approved training in passenger safety as specified in section A-V/3, paragraph 4, of the STCW Code.

8. Master, 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 Minister 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.

Chapter 6

EMERGENCY, OCCUPATIONAL SAFETY, MEDICAL CARE AND SURVIVAL FUNCTIONS

Regulation V1/1

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

Seafarers shall receive familiarisation and basic safety training or instruction in accordance with section A-V1/1 of the STCW Code and shall meet the appropriate standard of competence specified therein.

Regulation V1/2

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

10. (1) Every person referred to in Regulation 6 holding a certificate issued or recognised by the Minister under any Part of Schedule 1 other than Chapter 6 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 5 years, to—

(

a

) meet the standard of medical fitness prescribed by the Merchant Shipping (Medical Examinations) Regulations (S.I. No. 701 0f 2005), and

(

b

) establish continued professional competence in accordance with section A-1/11 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.

Recognition of certificates

11. (1) The Minister shall recognise appropriate certificates or other certificates issued by another Member State in accordance with the requirements laid down in the Directive.

(2) The Minister may recognise a certificate issued to a seafarer by or under the authority of the government of another state where that state is a party to the STCW Convention and where the Minister is satisfied that—

(

a

) the requirements of the STCW Convention concerning the standards of competence have been met,

(

b

) the requirements relating to the issue and endorsement of certificates and record keeping have been fully complied with, and

(

c

) prompt notification will be given to the Minister of any significant change in the arrangements for training and certification provided in compliance with the STCW Convention.

(3) The endorsement referred to in paragraph (2) shall be in the form of a separate document, entitled “certificate of equivalent competency”.

(4) The Minister may, if circumstances require, allow a seafarer to serve in a capacity, other than radio officer or radio operator, except as provided for in the Radio Regulations, for a period not exceeding 3 months on board a ship flying the Irish flag, while he or she holds an appropriate and valid certificate issued and endorsed as required by a Party to the STCW Convention for use on board that Party’s ships, but which has not yet been endorsed so as to render it appropriate for service on board a ship flying the Irish flag. Documentary proof shall be kept readily available on board the ship on which the seafarer is serving that application for an endorsement has been submitted to the Minister.

(5) In this Regulation “Party” means a state for which the STCW Convention has entered into force.

Refusal of certificates and appeals against refusal

12. (1) Notwithstanding that an applicant for a certificate of competency or for a certificate of equivalent competency complies with the standards or fulfils the conditions specified or required by, or by virtue of, these Regulations the Minister shall not issue or revalidate the appropriate certificate applied for unless satisfied, having regard to all the relevant circumstances, that the applicant is a fit person to be the holder of the certificate and to act in the capacity to which it relates.

(2) If the Minister intends to refuse the issue or revalidation of a certificate of competency or certificate of equivalent competency for any reason, he or she shall give notice in writing to the applicant who shall have the right, before a date to be specified in the notice, to require the application to be reviewed at an inquiry.

(3) If an applicant, before the date mentioned in paragraph (2), has, pursuant to that paragraph, required his or her application to be reviewed at an inquiry, the Minister shall cause such an inquiry to be held by one or more persons appointed by the Minister.

Loss of certificates

13. If a person entitled to a certificate loses or is deprived of a certificate already issued to him or her, the Minister—

(

a

) shall, if satisfied that the person has lost or been deprived of the certificate without fault on his or her part, and

(

b

) may, if not satisfied,

upon receipt of any fee payable, cause a certificated copy to which the person appears to be entitled to be issued to him or her.

Responsibilities of companies

14. (1) Companies shall assign seafarers in accordance with this Regulation, and shall ensure that-

(

a

) each seafarer assigned to any of its ships holds an appropriate certificate in accordance with the provisions of these Regulations,

(

b

) its ships are manned in accordance with the Merchant Shipping (Safe Manning, Hours of Work and Watchkeeping) Regulations 1998,

(

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 familiar 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 and to the prevention or mitigation of pollution.

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

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

(

a

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

(i) the specific equipment the seafarer will be using or operating,

and

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

and

(

b

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

Dispensations

15. (1) (

a

) The Minister, in exceptional circumstances, if, in his or her opinion, this does not cause dangers to persons, property or the environment, may issue a dispensation permitting a specified seafarer to serve on a specified ship for a specified period not exceeding 6 months in a capacity for which that person does not hold the appropriate certificate, provided that the Minister is satisfied that the person to whom the dispensation is issued is adequately qualified to fill the vacant post in a safe manner.

(

b

) The Minister may not issue a dispensation to a radio operator except as provided for by the Radio Regulations.

(

c

) The Minister may not issue a dispensation to a master or chief engineer officer, except in circumstances of

force majeure

, and then only for the shortest possible period.

(2) (

a

) The Minister may only issue a dispensation for a post to a person properly certificated for the post immediately below.

(

b

) Where certification of the post immediately below is not required by the STCW Convention, the Minister may issue a dispensation to a person whose qualification and experience are, in his or her opinion, of a clear equivalence to the requirements of the post to be filled, provided that, if such a person holds no appropriate certificate, the person shall be required to pass a test accepted by the Minister as demonstrating that such a dispensation may safely be issued.

(

c

) The Minister shall ensure that the post in question is filled by the holder of an appropriate certificate as soon as possible.

Regulation 7.

SCHEDULE 1

SEAFARERS’ TRAINING, CERTIFICATION AND WATCHKEEPING

(STCW) CODE

Part A

Mandatory standards regarding provisions of the annex to the STCW Convention

Chapter One

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of

23

rd October

, 2007.

I, NOEL DEMPSEY, Minister for Transport, in exercise of the powers conferred on me by

section 12

of the

Merchant Shipping Act 1947

(No. 46 of 1947) and

section 3

(2) of the

Merchant Shipping (Certification of Seamen) Act 1979

(No. 37 of 1979), and for the purposes of giving effect to Directive 2001/25/EC of the European Parliament and of the Council of 4 April 2001

1

, as last amended by Directive 2005/45/EC of the European Parliament and of the Council of 7 September 2005

2

, hereby make the following regulations

Citation