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 Home  Seafarer Documents STCW 95
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| Seafarers who commenced QSS before 1 August 1998. |
Those seafarers who commenced qualifying
sea service (QSS) before 1st August 1998 may continue
to serve and have their certificates endorsed and re-validated
in accordance with the provisions of the STCW 78 until
1st February 2002 when they must meet the STCW 95 standards.
If they already meet STCW 95 standards or reach those
standards before 1st February 2002, they may be issued
with STCW 95 certificates/licenses and endorsements. They may, however, need further training and certification if they are designated to: control fire-fighting operations (Regulation VI/3); provide medical first aid (Regulation VI/4-1); take charge of medical care (Regulation VI/4-2); or are assigned specific duties and responsibilities on certain types of ships (Chapter V). The problems associated with Chapters V and VI are covered under "Implementation Problems" above.
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| Seafarers who commence QSS on or after 1 August 1998. |
Such seafarers must be trained in accordance
with the STCW 95 standards and issued with documentation
in accordance with STCW 95 requirements.
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| After 1st February 2002 |
All seafarers must reach the STCW 95
standards by 1st February 2002 and be issued with STCW
95 documentation. Each Party must compare the standards
of competence which it required of candidates for certificates
issued before 1st February 2002 with the STCW 95 requirements
and determine the need for the holders to undergo refresher
and updating training or assessment (Regulation I/11).
The Party must also make available, to ships entitled
to fly its flag, the texts of the relevant regulatory
changes in order that appropriate updating training may
be arranged.
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Recognition
of Certificates and their Endorsement
| Overview |
These topics, which are covered by
Regulations I/2 and I/10 (and Sections A-I/2 and A-I/10)
are of particular importance to Vanuatu and other open
registers. The established principle is that any country
issuing or using a certificate issued by another country
must accept responsibility for ensuring that it was issued
in accordance with the STCW Convention and that the holder
meets the prescribed standards. Endorsements must be in
a prescribed format and given a unique number.
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| Recognition of Foreign Certificates. |
Under Regulation I/10, in order to
recognise, by endorsement, a certificate issued by or
under the authority of another, the Administration must
confirm, through all necessary measures, which may include
inspection of facilities and procedures, that the requirements
concerning standards of competence, the issue and endorsement
of certificates and record keeping are fully complied
with and obtain an undertaking from the Party concerned
that prompt notification will be given of any significant
change in the arrangements for training and certification
provided in compliance with the Convention.
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| Knowledge of Flag State Legislation |
It must also be ensured that such seafarers
have an appropriate knowledge of the maritime legislation
of the Administration (i.e. flag State). As mentioned
earlier, Maritime Bulletin 108 provides a full explanation
of Vanuatu's legislation for use of its officers.
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| Non-Party Certificates etc. |
Non-Party certificates cannot be recognised
and therefore, before the certificate or candidate can
be accepted, an assessment of the training establishment
must be made. A similar assessment will need to be made
of individual training establishments in countries who
have not achieved IMO's "White List" status.
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| Time Allowance for the Endorsement Process |
There is a relaxation, obtained by
Vanuatu, that "An 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 ship entitled to fly its flag, while
holding an appropriate and valid certificate issued and
endorsed as required by another Party 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 ships
entitled to fly the flag of the Administration. Documentary
proof shall be readily available that application for
an endorsement has been submitted to the Administration
". This relaxation, however, in no way changes the requirements
of the Vanuatu Maritime Act which stipulates in Section
8 that an owner is responsible for ensuring that an officer
has a proper Vanuatu license. The section prescribes a
monetary penalty for each such failure. The Act does provide
for a waiver of the fine if a license is obtained within
30 days of receipt of any report which shows the failure
to have the license.
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Communication
of Information to IMO
| Overview |
Regulation I/7 and Section A-I/7 include
the most far-reaching requirements ever imposed by IMO.
Until the Maritime Safety Committee (MSC) gives a positive
confirmation that a Party has met all the requirements
of STCW, other Parties (e.g. port States) need not accept
the certificates and licenses issued by that Party. Member
Governments have had to forfeit sovereignty and for the
first time IMO itself is given authority over individual
Parties. Parties will be required to provide detailed
information to IMO concerning administrative measures
taken to ensure compliance with the Convention, education
and training courses, certification procedures and other
factors relevant to implementation. This information will
be used by MSC to identify Parties that are able to demonstrate
that they can give full and complete effect to the Convention.
Governments will have to establish that they have the
administrative, training and certification resources necessary
to implement the Convention. No such proof is required
in STCW 78 or in any other IMO instrument.
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Quality
Standards
| Overview |
Regulation I/8 and Section A-I/8 require
a quality standards system to be used where training,
assessment of competence, certification, endorsement and
revalidation activities are carried out. Guidance covering
this subject is contained in Section B-I/8 of the Code.
This subject is bound to be troublesome even though the
Regulation does not call for an ISO 9000 system (the auditors
of which would not, in general, meet the professional
knowledge standards).
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| External Audits |
The Regulations specify an external
auditor and Administrations will need to provide details
of suitable external auditors and their terms of reference.
There are significant cost considerations since they "shall
ensure that an independent evaluation is carried out 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 in order to verify that all internal
management control and monitoring measures and follow-up
actions comply with planned arrangements and documented
procedures and are effective in ensuring achievement of
the defined objectives". In fact the requirements appear
to implement ISM Code type requirements in more detail
and before the operative dates for the ISM Code.
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Competent
Persons
| Overview |
Section A-I/7 also requires the Secretary-General
to maintain a list of competent persons approved by the
MSC who may be called upon to assist in the preparation
of the report on the information submitted by Parties
outlined above. Countries have been invited to forward
nominations to IMO. Vanuatu has submitted the names of
Mr. D. J. Sheetz (Vice President-Maritime Safety) and
Dr. J. Cowley as its nominees. Meetings of those on the
list may be held at the discretion of the Secretary-General
and their views shall be taken into account in the report
submitted to the MSC.
Section A-I/8 also covers matters primarily relating to officer producing countries which include the education and training objectives and that the related standards of competence to be achieved are clearly defined and identify the levels of knowledge, understanding and skills appropriate to the examinations and assessments required under the Convention. However, under the Amendments, flag States have additional responsibilities. Consequently, the breadth and depth of involvement of countries using the certificate holders certificated under the Amendments and the scope of their quality standards system needs careful study.
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Responsibilities
of Companies
| Overview |
Whilst shipping companies have always
been responsible for ensuring that their ships are both
safely manned and meet the Regulations, the Amendments
introduce new detailed requirements similar in principle
to, but more specific than, those of the ISM Code. By
definition, "company" may include entities beyond the
territorial jurisdiction of the flag State. In all cases,
the flag State should ensure that it exercises effective
jurisdiction and control, if necessary through de-registration.
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| Compliance with Flag State Legislation |
Flag States have to produce legislation
by which they require companies to ensure that:
In particular, written instructions to the master of each ship 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. These policies and procedures must include:
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Port
State Control and Other Amendments to the General Provisions
(Chapter I)
| Overview |
Regulation I/4 of STCW 95 puts increased
emphasis on port State control but, in the absence of
"clear grounds" for believing that the STCW 95 standards
are not being maintained, control is limited to: verification
that all officers' certificates are in order and that:
the numbers and certificates of the seafarers are in conformity
with the Safe Manning Document. In the event of "clear
grounds", the certificates of ratings may be assessed
in accordance with the control procedures given in Section
A-I/4 of the mandatory code. This control may involve
the assessment of the competence of individual seafarers
in the place of duty.
The "clear grounds" mentioned above include: a collision, grounding or stranding; an illegal discharge; operations which pose a danger to persons, property and the environment and "deficiencies" which include: failure to hold an appropriate certificate; failure to comply with the Safe Manning Document's provisions; watch arrangements which do not conform with those specified by the flag State; absence in a watch of a qualified person; inability to provide for watches persons who are sufficiently rested and otherwise fit for duty. It is thus essential that extreme care is taken to ensure that the detailed requirements of STCW 95 are met at all times to avoid detention and delay to the vessel.
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| Investigations |
Parties are required to establish procedures
for investigating acts by persons to whom they have issued
certificates that endanger safety or the environment.
Penalties and other disciplinary measures must be prescribed
and enforced where the Convention is not complied with
(Regulation I/5);
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| Simulators |
Technical innovations, such as the
use of simulators for training and assessment purposes
have been recognised. Simulators will become mandatory
for training in the use of radar and automatic radar plotting
aids. Provisions covering the use of simulators, in particular
radar and automatic radar plotting aids equipment, are
contained in Regulation I/12 and Section A-I/12 of the
STCW Code;
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| Revalidation |
Every master, officer and radio operator
shall be required at intervals not exceeding five years
to meet the fitness standards and the levels of professional
competence contained in Section A-I/11 of the STCW Code.
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| Medical Standards |
All Parties must establish standards
of medical fitness for seafarers, particularly regarding
eyesight and hearing and ensure that candidates for certification
provide satisfactory proof of their identity, age, medical
fitness (including documentation from a qualified medical
practitioner recognised by the Party), and provide other
information relative to their competency.
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Master
and Deck Department ( Chapter II)
| Overview | The watchkeeping provisions previously contained in Chapter II have been transferred to a new Chapter VIII and the revalidation requirements for masters and deck officers have been consolidated with those for engineer officers and radio operators in new Regulation I/11. The revised arrangement of Chapter II Regulations and the main changes made are given in Table 2. |
| Regulation | Summary of main changes |
| II/1 Mandatory minimum requirements for certification of officers in charge of a navigational watch on ships of 500 gross tonnage or more | Approved education and training required in all cases. One year seagoing service as part of an approved training programme in accordance with Section A-II /1 and documented in an approved training record book or three years approved seagoing service. Must hold appropriate radio certificate i.e. hold a VHF certificate; and if designated to have primary responsibility for radio-communications in an emergency, hold an appropriate certificate. |
| II/2 - Mandatory minimum requirements for certification of masters and chief mates on ships of 500 gross tonnage or more | All reductions for special training eliminated. Minimum service for chief mate reduced to 12 months in charge of a navigational watch. |
| II/3 - Mandatory minimum requirements for certification of officers in charge of a navigational watch and masters on ships of less than 500 gross tonnage |
Near coastal ships - Officer in
charge of watch: Approved education and training required.
Must hold appropriate radio certificate (i.e. as in II/1
above). Master: Approved education and training required. |
| II/4 - Mandatory minimum requirements for certification of ratings forming part of a navigational watch | Must be duly certificated. |
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In each of the above 4 cases the candidate
must meet the competence standards which are detailed
in numerous tables in the mandatory Code. For example,
the minimum standard of competence for masters and chief
mates is spelled out in 17 tables, each of 4 columns.
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Engine
Department (Chapter III)
| Overview |
The mandatory minimum requirements
for certification of officers in charge of an engineering
watch are defined in an similar manner to that outlined
for deck officers. All engineer officers must undergo
training in mechanical and electrical workshop skills
relevant to the duties on board ship. In particular, every candidate for certification as officer in charge of an engineering watch in a manned engine-room |