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Texto do artigo · p. 1 CONSELHO DE MINISTROSTexto do artigo · p. 1 Resolução n.º 22/2018Texto do artigo · p. 1 de 12 de JulhoTexto do artigo · p. 1 Havendo necessidade de aderir às Emendas de Manila de 2010, tendo em conta as vantagens e o interesse da República de Moçambique, ao abrigo do disposto na alínea g) do n.º 1 do artigo 204 da Constituição da República de Moçambique, o Conselho de Ministros determina:Número ou marcador · p. 1 Artigo 1. A adesão da República de Moçambique às Emendas de Manila de 2010, ao anexo à Convenção Internacional sobre Normas de Instrução, Certificação e de Serviço de Quarto para Marítimos (STCW), 1978, adoptadas na Conferência de Partes, cujo texto em língua inglesa e a respectiva tradução em língua portuguesa em anexo, são parte integrante da presente Resolução.Número ou marcador · p. 1 Art. 2. Os Ministérios dos Negócios Estrangeiros e Cooperação e dos Transportes e Comunicações são encarregues de realizar todos os trâmites para a efectivação da adesão.Texto do artigo · p. 1 Aprovada pelo Conselho de Ministros, aos 27 de Março de 2018. Publique-se. O Primeiro-Ministro, Carlos Agostinho do Rosário.Texto do artigo · p. 1 International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978Texto do artigo · p. 1 The Parties to this Convention,Texto do artigo · p. 1 Desiring to promote safety of life and property at sea and the protection of the marine environment by establishing in common agreement international standards of training, certification and watchkeeping for seafarers.Texto do artigo · p. 1 Considering that this end may best be achieved by the conclusion of an International Convention on Standards of Training, Certification and Watchkeeping for Seafarers,Texto do artigo · p. 1 Have Agreed as follows:Texto do artigo · p. 1 ARTICLE ITexto do artigo · p. 1 General Obligations under the ConventionNúmero ou marcador · p. 1 1. The Parties undertake to give effect to the provisions of
the Convention and the Annex thereto, which shall constitute an integral part of the Convention. Every reference to the Convention constitutes at the same time a reference to the Annex.
Número ou marcador · p. 1 2. The Parties undertake to promulgate all laws, decrees, ordersTexto do artigo · p. 1 and regulations and to take all other steps which may be necessary to give the Convention full and complete effect, so as to ensure that, from the point of view of safety of life and property at sea and the protection of the marine environment, seafarers on board ships are qualified and fit for their duties.Texto do artigo · p. 1 ARTICLE IITexto do artigo · p. 1 DefinitionsTexto do artigo · p. 1 For the purpose of the Convention, unless expressly provided otherwise:Texto do artigo · p. 1 a. "Party" means a State for which the Convention has entered into force;
b. "Administration" means the Government of the Party whose flag the ship is entitled to fly;
c. "Certificate" means a valid document, by whatever name it may be known, issued by or under the authority of the Administration or recognized by the Administration authorizing the holder to serve as stated in this document or as authorized by national regulations;
d. "Certificated" means properly holding a certificate;
e. "Organization" means the Inter-Governmental Maritime Consultative Organization (IMCO)*;
f. "Secretary-General" means the Secretary-General of the Organization;
g. "Sea-going ship" means a ship other than those which navigate exclusively in inland waters or in waters within, or closely adjacent to, sheltered waters or areas where port regulations apply;Texto do artigo · p. 2 h. "Fishing vessel" means a vessel used for catching fish, whales, seals, walrus or other living resources of the sea;
i. "Radio Regulations" means the Radio Regulations annexed to, or regarded as being annexed to, the most recent International Telecommunication Convention which may be in force at any time.Texto do artigo · p. 2 ARTICLE IIITexto do artigo · p. 2 ApplicationTexto do artigo · p. 2 The Convention shall apply to seafarers serving on board sea-going ships entitled to fly the flag of a Party except to those serving on board:Texto do artigo · p. 2 a. Warships, naval auxiliaries or other ships owned or operated by a State and engaged only on governmental non-commercial service; however, each Party shall ensure by the adoption of appropriate measures not impairing the operations or operational capabilities of such ships owned or operated by it, that the persons serving on board such ships meet the requirements of the Convention so far as is reasonable and practicable;
b. Fishing vessels;
c. Pleasure yachts not engaged in trade; or
d. Wooden ships of primitive build.Texto do artigo · p. 2 ARTICLE IVTexto do artigo · p. 2 Communication of InformationNúmero ou marcador · p. 2 1. The Parties shall communicate as soon as practicable to the
Secretary-General:
a. the text of laws, decrees, orders, regulations and instruments promulgated on the various matters within the scope of the Convention;
b. full details, where appropriate, of contents and duration of study courses, together with their national examination and other requirements for each certificate issued in compliance with the Convention;
c. a sufficient number of specimen certificates issued in compliance with the Convention.
Número ou marcador · p. 2 2. The Secretary-General shall notify all Parties of the receiptTexto do artigo · p. 2 of any communication under paragraph 1(a) and, inter alia, for the purposes of Articles IX and X, shall, on request, provide them with any information communicated to him under paragraphs 1(b) and (c).Texto do artigo · p. 2 ARTICLE VTexto do artigo · p. 2 Other Treaties and InterpretationNúmero ou marcador · p. 2 1. All prior treaties, conventions and arrangements relating to
standards of training, certification and watchkeeping for seafarers in force between the Parties, shall continue to have full and complete effect during the terms thereof as regards:
a. Seafarers to whom this Convention does not apply;
b. Seafarers to whom this Convention applies, in respect of matters for which it has not expressly provided.
Número ou marcador · p. 2 2. To the extent, however, that such treaties, conventions or
arrangements conflict with the provisions of the Convention, the Parties shall review their commitments under such treaties, conventions and arrangements with a view to ensuring that there is no conflict between these commitments and their obligations under the Convention.
Número ou marcador · p. 2 3. All matters which are not expressly provided for in theTexto do artigo · p. 2 Convention remain subject to the legislation of Parties.Número ou marcador · p. 2 4. Nothing in the Convention shall prejudice the codification and development of the law of the sea by the United Nations Conference on the Law of the Sea convened pursuant to resolution 2750 C(XXV) of the General Assembly of the United Nations, nor the present of future claims and legal views of any State concerning the law of the sea and the nature and extent of coastal and flag State jurisdiction.Texto do artigo · p. 2 ARTICLE VITexto do artigo · p. 2 CertificatesNúmero ou marcador · p. 2 1. Certificates for masters, officers or ratings shall be issued to
those candidates who, to the satisfaction of the Administration, meet the requirements for service, age, medical fitness, training, qualification and examinations in accordance with the appropriate provisions of the Annex to the Convention.
Número ou marcador · p. 2 2. Certificates for masters and officers, issued in complianceTexto do artigo · p. 2 with this Article, shall be endorsed by the issuing Administration in the form as prescribed in Regulation I/2 of the Annex. If the language used is not English, the endorsement shall include a translation into that language.Texto do artigo · p. 2 ARTICLE VIITexto do artigo · p. 2 Transitional ProvisionsNúmero ou marcador · p. 2 1. A certificate of competency or of service in a capacity for
which the Convention requires a certificate and which before entry into force of the Convention for a Party is issued in accordance with the laws of that Party or the Radio Regulations, shall be recognized as valid for service after entry into force of the Convention for that Party.
Número ou marcador · p. 2 2. After the entry into force of the Convention for a Party, its
Administration may continue to issue certificates of competency in accordance with its previous practices for a period not exceeding five years. Such certificates shall be recognized as valid for the purpose of the Convention. During this transitional period such certificates shall be issued only to seafarers who had commenced their sea service before entry into force of the Convention for that Party within the specific ship department to which those certificates relate. The Administration shall ensure that all other candidates for certification shall be examined and certificated in accordance with the Convention.
Número ou marcador · p. 2 3. A Party may, within two years after entry into force of theTexto do artigo · p. 2 Convention for that Party, issue a certificate of service to seafarers who hold neither an appropriate certificate under the Convention nor a certificate of competency issued under its laws before entry into force of the Convention for that Party but who have:Texto do artigo · p. 2 a. Served in the capacity for which they seek a certificate of service for not less than three years at sea within the last seven years preceding entry into force of the Convention for that Party;
b. Produced evidence that they have performed that service satisfactorily;
c. Satisfied the Administration as to medical fitness, including eyesight and hearing, taking into account their age at the time of application.Texto do artigo · p. 2 For the purpose of the Convention, a certificate of service issued under this paragraph shall be regarded as the equivalent of a certificate issued under the Convention.Texto do artigo · p. 2 ARTICLE VIIITexto do artigo · p. 2 DispensationNúmero ou marcador · p. 2 1. In circumstances of exceptional necessity, Administrations, if in their opinion this does not cause danger to persons, propertyTexto do artigo · p. 3 or the environment, may issue a dispensation permitting a specified seafarer to serve in a specified ship for a specified period not exceeding six months in a capacity, other than that of the radio officer or radiotelephone operator, except as provided by the relevant Radio Regulations, for which he does not hold the appropriate certificate, provided that the person to whom the dispensation is issued shall be adequately qualified to fill the vacant post in a safe manner, to the satisfaction of the Administration. However, dispensations shall not be granted to a master or chief engineer officer, except in circumstances of force majeure and then only for the shortest possible period.Número ou marcador · p. 3 2. Any dispensation granted for a post shall be granted only
to a person properly certificated to fill the post immediately below. Where certification of the post below is not required by the Convention, a dispensation may be issued to a person whose qualification and experience are, in the opinion of the Administration, of a clear equivalence to the requirements for the post to be filled, provided that, if such a person holds no appropriate certificate, he shall be required to pass a test accepted by the Administration as demonstrating that such a dispensation may safely be issued. In addition, Administration shall ensure that the post in question is filled by the holder of an appropriate certificate as soon as possible.
Número ou marcador · p. 3 3. Parties shall, as soon as possible after 1 January of eachTexto do artigo · p. 3 year, send a report to the Secretary-General giving information of the total number of dispensations in respect of each capacity for which a certificate is required that have been issued during the year to sea-going ships, together with information as to the numbers of those ships above and below 1,600 gross register tons respectively.Texto do artigo · p. 3 ARTICLE IXTexto do artigo · p. 3 EquivalentsNúmero ou marcador · p. 3 1. The Convention shall not prevent an Administration from
retaining or adopting other educational and training arrangements, including those involving sea-going service and shipboard organization especially adapted to technical developments and to special types of ships and trades, provided that the level of seagoing service, knowledge and efficiency as regards navigational and technical handling of ship and cargo ensures a degree of safety at sea and has a preventive effect as regards pollution at least equivalent to the requirements of the Convention.
Número ou marcador · p. 3 2. Details of such arrangements shall be reported as early asTexto do artigo · p. 3 practicable to the Secretary-General who shall circulate such particulars to all Parties.Texto do artigo · p. 3 ARTICLE XTexto do artigo · p. 3 ControlNúmero ou marcador · p. 3 1. Ships, except those excluded by Article III, are subject, while
in the ports of a Party, to control by officers duly authorized by that Party to verify that all seafarers serving on board who are required to be certificated by the Convention are so certificated or hold an appropriate dispensation. Such certificates shall be accepted unless there are clear grounds for believing that a certificate has been fraudulently obtained or that the holder of a certificate is not the person to whom that certificate was originally issued.
Número ou marcador · p. 3 2. In the event that any deficiencies are found under paragraphTexto do artigo · p. 3 1 or under the procedures specified in Regulation I/4 - "Control Procedures", the officer carrying out the control shall forthwith inform, in writing, the master of the ship and the Consul or, in his absence, the nearest diplomatic representative or the maritime authority of the State whose flag the ship is entitled to fly, so that appropriate action may be taken. Such notification shall specifyTexto do artigo · p. 3 the details of the deficiencies found and the grounds on which the Party determines that these deficiencies pose a danger to persons, property or the environment.Número ou marcador · p. 3 3. In exercising the control under paragraph 1 if, taking into
account the size and type of the ship and the length and nature of the voyage, the deficiencies referred to in paragraph 3 of Regulation I/4 are not corrected and it is determined that this fact poses a danger to persons, property or the environment, the Party carrying out the control shall take steps to ensure that the ship will not sail unless and until these requirements are met to the extent that the danger has been removed. The facts concerning the action taken shall be reported promptly to the Secretary-General.
Número ou marcador · p. 3 4. When exercising control under this Article, all possible
efforts shall be made to avoid a ship being unduly detained or delayed. If a ship is so detained or delayed it shall be entitled to compensation for any loss or damage resulting therefrom.
Número ou marcador · p. 3 5. This Article shall be applied as may be necessary to ensureTexto do artigo · p. 3 that no more favourable treatment is given to ships entitled to fly the flag of a non-Party than is given to ships entitled to fly the flag of a Party.Texto do artigo · p. 3 ARTICLE XITexto do artigo · p. 3 Promotion of Technical Co-operationNúmero ou marcador · p. 3 1. Parties to the Convention shall promote, in consultation
with, and with the assistance of, the Organization, support for those Parties which request technical assistance for:
a. Training of administrative and technical personnel;
b. Establishment of institutions for the training of seafarers;
c. Supply of equipment and facilities for training institutions;
d. development of adequate training programmes, including practical training on sea-going ships; and
e. Facilitation of other measures and arrangements to enhance the qualifications of seafarers;
preferably on a national, sub-regional or regional basis, to further the aims and purposes of the Convention, taking into account the special needs of developing countries in this regard.
Número ou marcador · p. 3 2. On its part, the Organization shall pursue the aforesaidTexto do artigo · p. 3 efforts, as appropriate, in consultation or association with other international organizations, particularly the International Labour Organization.Texto do artigo · p. 3 ARTICLE XIITexto do artigo · p. 3 AmendmentsNúmero ou marcador · p. 3 1. The Convention may be amended by either of the following procedures:Texto do artigo · p. 3 a. Amendments after consideration within the Organization:Texto do artigo · p. 3 i. Any amendment proposed by a Party shall be submitted to the Secretary-General, who shall then circulate it to all Members of the Organization, all Parties and the Director-General of the International Labour Office at least six months prior to its consideration;
ii. Any amendment so proposed and circulated shall be referred to the Maritime Safety Committee of the Organization for consideration;
iii. Parties, whether or not Members of the Organization, shall be entitled to participate in the proceedings of the Maritime Safety Committee for consideration and adoption of amendments;
iv. Amendments shall be adopted by a two-thirds majority of the Parties present and voting in the Maritime Safety Committee expanded as providedTexto do artigo · p. 4 for in sub-paragraph (a)(iii) (hereinafter referred to as the "expanded Maritime Safety Committee") on condition that at least one third of the Parties shall be present at the time of voting;
v. Amendments so adopted shall be communicated by the Secretary - General to all Parties for acceptance;
vi. An amendment to an Article shall be deemed to have been accepted on the date on which it is accepted by two thirds of the Parties;
vii. an amendment to the Annex shall be deemed to have been accepted:
Número ou marcador · p. 4 1. At the end of two years from the date on which it is communicated to Parties for acceptance; or
Número ou marcador · p. 4 2. At the end of a different period, which shall be not less than one year, if so determined at the time of its adoption by a two-thirds majority of the Parties present and voting in the expanded Maritime Safety Committee; however, the amendments shall be deemed not to have been accepted if within the specified period either more than one third of Parties, or Parties the combined merchant fleets of which constitute not less than fifty percent of the gross tonnage of the world's merchant shipping of ships of 100 gross register tons or more, notify the SecretaryGeneral that they object to the amendment;
viii. An amendment to an Article shall enter into force with respect to those Parties which have accepted it, six months after the date on which it is deemed to have been accepted, and with respect to each Party which accepts it after that date, six months after the date of that Party's acceptance;
ix. An amendment to the Annex shall enter into force with respect to all Parties, except those which have objected to the amendment under sub-paragraph (a)(vii) and which have not withdrawn such objections, six months after the date on which it is deemed to have been accepted. Before the date determined for entry into force, any Party may give notice to the Secretary-General that it exempts itself from giving effect to that amendment for a period not longer than one year from the date of its entry into force, or for such longer period as may be determined by a two thirds majority of the Parties present and voting in the expanded Maritime Safety Committee at the time of the adoption of the amendment; orTexto do artigo · p. 4 b. Amendment by a conference:Texto do artigo · p. 4 i. Upon the request of a Party concurred in by at least one third of the Parties, the Organization shall convene, in association or consultation with the DirectorGeneral of the International Labour Office, a conference of a Parties to consider amendments to the Convention;
ii. Every amendment adopted by such a conference by a two thirds majority of the Parties present and voting shall be communicated by the Secretary-General to all Parties for acceptance;
iii. Unless the conference decides otherwise, the amendment shall be deemed to have been accepted and shall enter into force in accordance with the procedures specified in sub-paragraphs (a)(vi) and (a)(viii) or sub-paragraphs (a)(vii) and (a)(ix) respectively, provided that references in theseTexto do artigo · p. 4 sub-paragraphs to the expanded Maritime Safety Committee shall be taken to mean references to the conference.Número ou marcador · p. 4 2. Any declaration of acceptance of, or objection to, an
amendment or any notice given under paragraph 1 (a) (ix) shall be submitted in writing to the Secretary-General, who shall inform all Parties of any such submission and the date of its receipt.
Número ou marcador · p. 4 3. The Secretary-General shall inform all Parties of anyTexto do artigo · p. 4 amendments which enter into force, together with the date on which each such amendment enters into force.Texto do artigo · p. 4 ARTICLE XIIITexto do artigo · p. 4 Signature, Ratification, Acceptance, Approval and AccessionNúmero ou marcador · p. 4 1. The Convention shall remain open for signature at the
Headquarters of the Organization from 1 December 1978 until 30 November 1979 and shall thereafter remain open for accession. Any State may become a Party by:
a. Signature without reservation as to ratification, acceptance or approval; or
b. Signature subject to ratification, acceptance or approval, followed by ratification, acceptance or approval; or
c. Accession.
Número ou marcador · p. 4 2. Ratification, acceptance, approval or accession shall be
effected by the deposit of an instrument to that effect with the Secretary-General.
Número ou marcador · p. 4 3. The Secretary-General shall inform all States that haveTexto do artigo · p. 4 signed the Convention or acceded to it and the Director-General of the International Labour Office of any signature or of the deposit of any instrument of ratification, acceptance, approval or accession and the date of its deposit.Texto do artigo · p. 4 ARTICLE XIVTexto do artigo · p. 4 Entry into ForceNúmero ou marcador · p. 4 1. The Convention shall enter into force twelve months after
the date on which not less than twenty-five States, the combined merchant fleets of which constitute not less than fifty percent of the gross tonnage of the world's merchant shipping of ships of 100 gross register tons or more, have either signed it without reservation as to ratification, acceptance or approval or deposited the requisite instruments of ratification, acceptance, approval or accession in accordance with Article XIII.
Número ou marcador · p. 4 2. The Secretary-General shall inform all States that have
signed the Convention or acceded to it of the date on which it enters into force.
Número ou marcador · p. 4 3. Any instrument of ratification, acceptance, approval or
accession deposited during the twelve months referred to in paragraph (a) shall take effect on the coming into force of the Convention or three months after the deposit of such instrument, whichever is the later date.
Número ou marcador · p. 4 4. Any instrument of ratification, acceptance, approval or
accession deposited after the date on which the Convention enters into force shall take effect three months after the date of deposit.
Número ou marcador · p. 4 5. After the date on which an amendment is deemed to haveTexto do artigo · p. 4 been accepted under Article XII, any instrument of ratification, acceptance, approval or accession deposited shall apply to the Convention as amended.Texto do artigo · p. 4 ARTICLE XVTexto do artigo · p. 4 DenunciationNúmero ou marcador · p. 4 1. The Convention may be denounced by any Party at any time after five years from the date on which the Convention entered into force for that Party.Número ou marcador · p. 5 2. Denunciation shall be effected by notification in writing to
the Secretary-General who shall inform all other Parties and the Director-General of the International Labour Office of any such notification received and of the date of its receipt as well as the date on which such denunciation takes effect.
Número ou marcador · p. 5 3. A denunciation shall take effect twelve months after receiptTexto do artigo · p. 5 CONFERENCE OF PARTIES TO THE INTERNATIONAL CONVENTION ON STANDARDS OF TRAINING, CERTIFICATION AND WATCHKEEPING FOR SEAFARERS, 1978 Agenda item 10Texto do artigo · p. 5 of the notification of denunciation by the Secretary-General or after any longer period which may be indicated in the notification.Texto do artigo · p. 5 ARTICLE XVITexto do artigo · p. 5 Deposit and RegistrationNúmero ou marcador · p. 5 1. The Convention shall be deposited with the SecretaryGeneral who shall transmit certified true copies thereof to all States that have signed the Convention or acceded to it.Texto do artigo · p. 5 ENúmero ou marcador · p. 5 2. As soon as the Convention enters into force, the SecretaryGeneral shall transmit the text to the Secretary-General of the United Nations for registration and publication, in accordance with Article 102 of the Charter of the United Nations.Texto do artigo · p. 5 ARTICLE XVIITexto do artigo · p. 5 STCW/CONF.2/33Texto do artigo · p. 5 1 July 2010 Original: ENGLISHTexto do artigo · p. 5 LanguagesTexto do artigo · p. 5 The Convention is established in a single copy in the Chinese, English, French, Russian and Spanish languages, each text being equally authentic. Official translations in the Arabic and German languages shall be prepared and deposited with the signed original.Texto do artigo · p. 5 ADOPTION OF THE FINAL ACT AND ANY INSTRUMENTS, RESOLUTIONS AND RECOMMENDATIONS RESULTING FROM THE WORK OF THE CONFERENCETexto do artigo · p. 5 Attachment 1 to the Final Act of the Conference Resolution 1 The Manila Amendments to the annex to the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STCW), 1978 Text adopted by the Conference THE 2010 MANILA CONFERENCE,Texto do artigo · p. 5 RECALLING Article XII(1)(b) of the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978 (hereinafter referred to as “the Convention”), concerning the procedure for amendment by a Conference of Parties,Texto do artigo · p. 5 HAVING CONSIDERED the Manila amendments to the annex to the Convention proposed and circulated to the Members of the Organization and to all Parties to the Convention,Número ou marcador · p. 5 1. ADOPTS, in accordance with article XII(1)(b)(ii) of the Convention, amendments to the annex to the Convention, the text of which is set out in the annex to the present resolution;
Número ou marcador · p. 5 2. DETERMINES, in accordance with article XII(1)(a)(vii) of the Convention, that the amendments annexed hereto shall be deemed to have been accepted on 1 July 2011, unless, prior to that date, more than one third of Parties to the Convention or Parties the combined merchant fleets of which constitute not less than 50% of the gross tonnage of the world’s merchant shipping of ships of 100 gross register tons or more have notified the Secretary-General that they object to the amendments;
Número ou marcador · p. 5 3. INVITES Parties to note that, in accordance with article XII(1)(a)(ix) of the Convention, the amendments annexed hereto shall enter into force on 1 January 2012 upon being deemed to have been accepted in accordance with paragraph 2 above;
Número ou marcador · p. 5 4. REQUESTS the Secretary-General of the Organization to transmit certified copies of the present resolution and the text of the amendments contained in the annex to all Parties to the Convention;
Número ou marcador · p. 5 5. FURTHER REQUESTS the Secretary-General to transmit copies of this resolution and its annex to all Members of the Organization which are not Parties to the Convention.Texto do artigo · p. 6 STCW/CONF.2/33 - 2 -Texto do artigo · p. 6 ANNEX THE MANILA AMENDMENTS TO THE ANNEX TO THE INTERNATIONAL CONVENTION ON STANDARDS OF TRAINING, CERTIFICATION AND WATCHKEEPING FOR SEAFARERS, 1978Texto do artigo · p. 6 The annex to the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, is replaced by the following:Texto do artigo · p. 6 “ANNEX CHAPTER I General provisionsTexto do artigo · p. 6 Regulation I/1 Definitions and clarificationsTexto do artigo · p. 6 1 For the purpose of the Convention, unless expressly provided otherwise:Texto do artigo · p. 6 .1 Regulations means regulations contained in the annex to the Convention;
.2 Approved means approved by the Party in accordance with these regulations;
.3 Master means the person having command of a ship;
.4 Officer means a member of the crew, other than the master, designated as such by national law or regulations or, in the absence of such designation, by collective agreement or custom;
.5 Deck officer means an officer qualified in accordance with the provisions of chapter II of the Convention;
.6 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;
.7 Engineer officer means an officer qualified in accordance with the provisions of regulation III/1, III/2 or III/3 of the Convention;
.8 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 ship;
.9 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 will fall in the event of the incapacity of the chief engineer officer;
.10 Assistant engineer officer means a person under training to become an engineer officer and designated as such by national law or regulations;Texto do artigo · p. 6 I:\CONF\STCW\2\33.docTexto do artigo · p. 7 - 3 - STCW/CONF.2/33Texto do artigo · p. 7 .11 Radio operator means a person holding an appropriate certificate issued or recognized by the Administration under the provisions of the Radio Regulations;
.12 GMDSS radio operator means a person who is qualified in accordance with the provisions of chapter IV of the Convention;
.13 Rating means a member of the ship’s crew other than the master or an officer;
.14 Near-coastal voyages means voyages in the vicinity of a Party as defined by that Party;
.15 Propulsion power means the total maximum continuous rated output power, in kilowatts, of all the ship’s main propulsion machinery which appears on the ship’s certificate of registry or other official document;
.16 Radio duties include, as appropriate, watchkeeping and technical maintenance and repairs conducted in accordance with the Radio Regulations, the International Convention for the Safety of Life at Sea, 1974 (SOLAS), as amended and, at the discretion of each Administration, the relevant recommendations of the Organization;
.17 Oil tanker means a ship constructed and used for the carriage of petroleum and petroleum products in bulk;
.18 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;
.19 Liquefied gas tanker means a ship constructed or adapted and used for the carriage in bulk of any liquefied gas or other product listed in chapter 19 of the International Gas Carrier Code;
.20 Passenger ship means a ship as defined in the International Convention for the Safety of Life at Sea, 1974, as amended;
.21 Ro-ro passenger ship means a passenger ship with ro-ro spaces or special category spaces as defined in the International Convention for the Safety of Life at Sea, 1974 (SOLAS), as amended;
.22 Month means a calendar month or 30 days made up of periods of less than one month;
.23 STCW Code means the Seafarers’ Training, Certification and Watchkeeping (STCW) Code as adopted by the 1995 Conference resolution 2, as it may be amended by the Organization;
.24 Function means a group of tasks, duties and responsibilities, as specified in the STCW Code, necessary for ship operation, safety of life at sea or protection of the marine environment;Texto do artigo · p. 7 I:\CONF\STCW\2\33.docTexto do artigo · p. 8 .25 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 shipowner and who, on assuming such responsibility, has agreed to take over all the duties and responsibilities imposed on the company by these regulations;
.26 Seagoing service means service on board a ship relevant to the issue or revalidation of a certificate or other qualification;
.27 ISPS Code means the International Ship and Port Facility Security (ISPS) Code adopted on 12 December 2002, by resolution 2 of the Conference of Contracting Governments to the International Convention for the Safety of Life at Sea (SOLAS), 1974, as may be amended by the Organization;
.28 Ship security officer means the person on board the ship, accountable to the master, designated by the Company as responsible for the security of the ship including implementation and maintenance of the ship security plan and liaison with the company security officer and port facility security officers;
.29 Security duties include all security tasks and duties on board ships as defined by chapter XI-2 of the International Convention for the Safety of Life at Sea (SOLAS 1974, as amended) and the International Ship and Port Facility Security (ISPS) Code;
.30 Certificate of competency means a certificate issued and endorsed for masters, officers and GMDSS radio operators in accordance with the provisions of chapters II, III, IV or VII of this annex and entitling the lawful holder thereof to serve in the capacity and perform the functions involved at the level of responsibility specified therein;
.31 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 seagoing service in the Convention have been met;
.32 Documentary evidence means documentation, other than a certificate of competency or certificate of proficiency, used to establish that the relevant requirements of the Convention have been met;
.33 Electro-technical officer means an officer qualified in accordance with the provisions of regulation III/6 of the Convention;
.34 Able seafarer deck means a rating qualified in accordance with the provisions of
regulation II/5 of the Convention;
.35 Able seafarer engine means a rating qualified in accordance with the provisions of
regulation III/5 of the Convention; and
.36 Electro-technical rating means a rating qualified in accordance with the provisions of regulation III/7 of the Convention.Texto do artigo · p. 8 I:\CONF\STCW\2\33.docTexto do artigo · p. 9 12 DE JULHO DE 2018 - 5 - STCW/CONF.2/33 1047Texto do artigo · p. 9 2 These regulations are supplemented by the mandatory provisions contained in part A of the STCW Code and:
.1 any reference to a requirement in a regulation also constitutes a reference to the corresponding section of part A of the STCW Code;
.2 in applying these regulations, the related guidance and explanatory material contained in part B of the STCW Code should be taken into account to the greatest degree possible in order to achieve a more uniform implementation of the Convention provisions on a global basis;
.3 amendments to part A of the STCW Code shall be adopted, brought into force and take effect in accordance with the provisions of article XII of the Convention concerning the amendment procedure applicable to the annex; and
.4 part B of the STCW Code shall be amended by the Maritime Safety Committee in accordance with its rules of procedure.
3 The references made in article VI of the Convention to “the Administration” and “the issuing Administration” shall not be construed as preventing any Party from issuing and endorsing certificates under the provisions of these regulations.Texto do artigo · p. 9 Regulation I/2 Certificates and endorsementsTexto do artigo · p. 9 1 Certificates of competency shall be issued only by the Administration, following verification of the authenticity and validity of any necessary documentary evidence.
2 Certificates issued in accordance with the provisions of regulations V/1-1 and V/1-2 to masters and officers shall only be issued by an Administration.
3 Certificates shall be in the official language or languages of the issuing country. If the language used is not English, the text shall include a translation into that language.
4 In respect of radio operators, Parties may:
.1 include the additional knowledge required by the relevant regulations in the examination for the issue of a certificate complying with the Radio Regulations; or
.2 issue a separate certificate indicating that the holder has the additional knowledge required by the relevant regulations.
5 The endorsement required by article VI of the Convention to attest the issue of a certificate shall only be issued if all the requirements of the Convention have been complied with.
6 At the discretion of a Party, endorsements may be incorporated in the format of the certificates being issued as provided for in section A-I/2 of the STCW Code. If so incorporated, the form used shall be that set forth in section A-I/2, paragraph 1. If issued otherwise, the form of endorsements used shall be that set forth in paragraph 2 of that section.Texto do artigo · p. 9 I:\CONF\STCW\2\33.docTexto do artigo · p. 10 STCW/CONF.2/33 - 6 -Texto do artigo · p. 10 7 An Administration which recognizes under regulation I/10:
.1 a certificate of competency; or
.2 a certificate of proficiency issued to masters and officers in accordance with the provisions of regulations V/1-1 and V/1-2 shall endorse such certificate to attest its recognition only after ensuring the authenticity and validity of the certificate.
The endorsement shall only be issued if all requirements of the Convention have been complied with. The form of the endorsement used shall be that set forth in paragraph 3 of section A-I/2 of the STCW Code.
8 The endorsements referred to in paragraphs 5, 6 and 7:
.1 may be issued as separate documents;
.2 shall be issued by the Administration only;
.3 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, provided that number is unique; and
.4 shall expire as soon as the certificate endorsed expires or is withdrawn, suspended or cancelled by the Party which issued it and, in any case, not more than five years after their date of issue.
9 The capacity in which the holder of a certificate is authorized 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.
10 Administrations may use a format different from the format given 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 into account the variations permitted under section A-I/2.
11 Subject to the provisions of regulation I/10, paragraph 5, any certificate required by the Convention must be kept available in its original form on board the ship on which the holder is serving.
12 Each Party shall ensure that certificates are issued only to candidates who comply with the requirements of this regulation.
13 Candidates for certification shall provide satisfactory proof:Texto do artigo · p. 10 .1 of their identity;
.2 that their age is not less than that prescribed in the regulation relevant to the certificate applied for;
.3 that they meet the standards of medical fitness specified in section A-I/9 of the STCW Code;Texto do artigo · p. 10 I:\CONF\STCW\2\33.docTexto do artigo · p. 11 12 DE JULHO DE 2018 - 7 - STCW/CONF.2/33 1049Texto do artigo · p. 11 .4 of having completed the seagoing service and any related compulsory training required by these regulations for the certificate applied for; and
.5 that they meet the standards of competence prescribed by these regulations for the capacities, functions and levels that are to be identified in the endorsement to the certificate.Texto do artigo · p. 11 14 Each Party undertakes to maintain a register or registers of all certificates and endorsements for masters, officers, and, as applicable, ratings which are issued, have expired or have been revalidated, suspended, cancelled or reported lost or destroyed and of dispensations issued.
15 Each Party undertakes to make available information on the status of such certificates of competency, endorsements and dispensations to other Parties and companies which request verification of the authenticity and validity of certificates produced to them by seafarers seeking recognition of their certificates under regulation I/10 or employment on board ship.
16 As of 1 January 2017, the information on the status of information required to be available in accordance with paragraph 15 of this regulation shall be made available, in the English language, through electronic means.Texto do artigo · p. 11 Regulation I/3 Principles governing near-coastal voyagesTexto do artigo · p. 11 1 Any Party defining near-coastal voyages for the purpose of the Convention shall not impose training, experience or certification requirements on the seafarers serving on board the ships entitled to fly the flag of another Party and engaged on such voyages in a manner resulting in more stringent requirements for such seafarers than for seafarers serving on board ships entitled to fly its own flag. In no case shall any such Party impose requirements in respect of seafarers serving on board ships entitled to fly the flag of another Party in excess of those of the Convention in respect of ships not engaged on near-coastal voyages.
2 A Party that, for ships afforded the benefits of the near-coastal voyage provisions of the Convention, which includes voyages off the coast of other Parties within the limits of their near-coastal definition, shall enter into an undertaking with the Parties concerned specifying the details of both involved trading areas and other relevant conditions.
3 With respect to ships entitled to fly the flag of a Party regularly engaged on near-coastal voyages off the coast of another Party, the Party whose flag the ship is entitled to fly shall prescribe training, experience and certification requirements for seafarers serving on such ships at least equal to those of the Party off whose coast the ship is engaged, provided that they do not exceed the requirements of the Convention in respect of ships not engaged on near-coastal voyages. Seafarers serving on a ship which extends its voyage beyond what is defined as a near-coastal voyage by a Party and enters waters not covered by that definition shall fulfil the appropriate competency requirements of the Convention.
4 A Party may afford a ship which is entitled to fly its flag the benefits of the near-coastal voyage provisions of the Convention when it is regularly engaged off the coast of a non-Party on near-coastal voyages as defined by the Party.
5 The certificates of seafarers issued by a Party for its defined near-coastal voyages limits may be accepted by other Parties for service in their defined near-coastal voyages limits,Texto do artigo · p. 11 I:\CONF\STCW\2\33.docTexto do artigo · p. 12 STCW/CONF.2/33 - 8 -Texto do artigo · p. 12 provided the Parties concerned enter into an undertaking specifying the details of involved trading areas and other relevant conditions thereof.Texto do artigo · p. 12 6 Parties defining near-coastal voyages, in accordance with the requirements of this regulation, shall:
.1 meet the principles governing near-coastal voyages specified in section A-I/3;
.2 communicate to the Secretary-General, in conformity with the requirements of regulation I/7, the details of the provisions adopted; and
.3 incorporate the near-coastal voyages limits in the endorsements issued pursuant to regulation I/2, paragraphs 5, 6 or 7.
7 Nothing in this regulation shall, in any way, limit the jurisdiction of any State, whether or not a Party to the Convention.Texto do artigo · p. 12 Regulation I/4 Control proceduresTexto do artigo · p. 12 1 Control exercised by a duly authorized control officer under article X shall be limited to the following:Texto do artigo · p. 12 .1 verification in accordance with article X(1) that all seafarers serving on board who are required to be certificated in accordance with the Convention hold an appropriate certificate or a valid dispensation, or provide documentary proof that an application for an endorsement has been submitted to the Administration in accordance with regulation I/10, paragraph 5;
.2 verification that the numbers and certificates of the seafarers serving on board are in conformity with the applicable safe manning requirements of the Administration; and
.3 assessment, in accordance with section A-I/4 of the STCW Code, of the ability of the seafarers of the ship to maintain watchkeeping and security standards, as appropriate, as required by the Convention if there are clear grounds for believing that such standards are not being maintained because any of the following have occurred:Texto do artigo · p. 12 .3.1 the ship has been involved in a collision, grounding or stranding, or
.3.2 there has been a discharge of substances from the ship when under way, at anchor or at berth which is illegal under any international convention, or
.3.3 the ship has been manoeuvred in an erratic or unsafe manner whereby routeing measures adopted by the Organization or safe navigation practices and procedures have not been followed, or
.3.4 the ship is otherwise being operated in such a manner as to pose a danger to persons, property, the environment, or a compromise to security.Texto do artigo · p. 12 I:\CONF\STCW\2\33.docTexto do artigo · p. 13 - 9 - STCW/CONF.2/33Texto do artigo · p. 13 2 Deficiencies which may be deemed to pose a danger to persons, property or the environment include the following:
.1 failure of seafarers to hold a certificate, to have an appropriate certificate, to have a valid dispensation or to provide documentary proof that an application for an endorsement has been submitted to the Administration in accordance with regulation I/10, paragraph 5;
.2 failure to comply with the applicable safe manning requirements of the Administration;
.3 failure of navigational or engineering watch arrangements to conform to the requirements specified for the ship by the Administration;
.4 absence in a watch of a person qualified to operate equipment essential to safe navigation, safety radiocommunications or the prevention of marine pollution; and
.5 inability to provide, for the first watch at the commencement of a voyage and for subsequent relieving watches, persons who are sufficiently rested and otherwise fit for duty.
3 Failure to correct any of the deficiencies referred to in paragraph 2, in so far as it has been determined by the Party carrying out the control that they pose a danger to persons, property or the environment, shall be the only grounds under article X on which a Party may detain a ship.Texto do artigo · p. 13 Regulation I/5 National provisionsTexto do artigo · p. 13 1 Each Party shall establish processes and procedures for the impartial investigation of any reported incompetency, 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 by the holders of certificates or endorsements issued by that Party in connection with their performance of duties related to their certificates and for the withdrawal, suspension and cancellation of such certificates for such cause and for the prevention of fraud.
2 Each Party shall take and enforce appropriate measures to prevent fraud and other unlawful practices involving certificates and endorsements issued.
3 Each Party shall prescribe penalties or disciplinary measures for cases in which the provisions of its national legislation giving effect to the Convention are not complied with in respect of ships entitled to fly its flag or of seafarers duly certificated by that Party.
4 In particular, such penalties or disciplinary measures shall be prescribed and enforced in cases in which:Texto do artigo · p. 13 .1 a company or a master has engaged a person not holding a certificate as required by the Convention;
.2 a master has allowed any function or service in any capacity required by these regulations to be performed by a person holding an appropriate certificate to beTexto do artigo · p. 13 I:\CONF\STCW\2\33.docTexto do artigo · p. 14 performed by a person not holding the required certificate, a valid dispensation or having the documentary proof required by regulation I/10, paragraph 5; orTexto do artigo · p. 14 .3 a person has obtained by fraud or forged documents an engagement to perform any function or serve in any capacity required by these regulations to be performed or filled by a person holding a certificate or dispensation.Texto do artigo · p. 14 5 A Party, within whose jurisdiction there is located any company which, or any person who, is believed on clear grounds to have been responsible for, or to have knowledge of, any apparent non-compliance with the Convention specified in paragraph 4, shall extend all co-operation possible to any Party which advises it of its intention to initiate proceedings under its jurisdiction.Texto do artigo · p. 14 Regulation I/6 Training and assessment Each Party shall ensure that:
.1 the training and assessment of seafarers, as required under the Convention, are administered, supervised and monitored in accordance with the provisions of section A-I/6 of the STCW Code; and
.2 those responsible for the training and assessment of competence of seafarers, as required under the Convention, are appropriately qualified in accordance with the provisions of section A-I/6 of the STCW Code for the type and level of training or assessment involved.
Regulation I/7 Communication of informationTexto do artigo · p. 14 1 In addition to the information required to be communicated by article IV, each Party shall provide to the Secretary-General, within the time periods prescribed and in the format specified in section A-I/7 of the STCW Code, such other information as may be required by the Code on other steps taken by the Party to give the Convention full and complete effect.
2 When complete information as prescribed in article IV and section A-I/7 of the STCW Code has been received and such information confirms that full and complete effect is given to the provisions of the Convention, the Secretary-General shall submit a report to this effect to the Maritime Safety Committee.
3 Following subsequent confirmation by the Maritime Safety Committee, in accordance with procedures adopted by the Committee, that the information which has been provided demonstrates that full and complete effect is given to the provisions of the Convention:Texto do artigo · p. 14 .1 the Maritime Safety Committee shall identify the Parties so concerned;
.2 shall review the list of Parties which communicated information that demonstrated that they give full and complete effect to the relevant provisions of the Convention, to retain in this list only the Parties so concerned; andTexto do artigo · p. 14 I:\CONF\STCW\2\33.docTexto do artigo · p. 15 12 DE JULHO DE 2018 - 11 - STCW/CONF.2/33 1053Texto do artigo · p. 15 .3 other Parties shall be entitled, subject to the provisions of regulations I/4 and I/10, to accept, in principle, that certificates issued by or on behalf of the Parties identified in paragraph 3.1 are in compliance with the Convention.Texto do artigo · p. 15 4 Amendments to the Convention and STCW Code, with dates of entry into force later than the date information has been, or will be, communicated to the Secretary-General in accordance with the provisions of paragraph 1, are not subject to the provisions of section A-I/7, paragraphs 1 and 2.Texto do artigo · p. 15 Regulation I/8 Quality standards
1 Each Party shall ensure that:
.1 in accordance with the provisions of section A-I/8 of the STCW Code, all training, assessment of competence, certification, including medical certification, endorsement and revalidation activities carried out by non-governmental agencies or entities under its authority are continuously monitored through a quality standards system to ensure achievement of defined objectives, including those concerning the qualifications and experience of instructors and assessors; and
.2 where governmental agencies or entities perform such activities, there shall be a quality standards system.
2 Each Party shall also ensure that an evaluation is periodically undertaken, in accordance with the provisions of section A-I/8 of the STCW Code, by qualified persons who are not themselves involved in the activities concerned. This evaluation shall include all changes to national regulations and procedures in compliance with the amendments to the Convention and STCW Code, with dates of entry into force later than the date information was communicated to the Secretary-General.
3 A report containing the results of the evaluation required by paragraph 2 shall be communicated to the Secretary-General in accordance with the format specified in section A-I/7 of the STCW Code.
Regulation I/9 Medical standardsTexto do artigo · p. 15 1 Each Party shall establish standards of medical fitness for seafarers and procedures for the issue of a medical certificate in accordance with the provisions of this regulation and of section A-I/9 of the STCW Code.
2 Each Party shall ensure that those responsible for assessing the medical fitness of seafarers are medical practitioners recognized by the Party for the purpose of seafarer medical examinations, in accordance with the provisions of section A-I/9 of the STCW Code.
3 Every seafarer holding a certificate issued under the provisions of the Convention, who is serving at sea, shall also hold a valid medical certificate issued in accordance with the provisions of this regulation and of section A-I/9 of the STCW Code.Texto do artigo · p. 15 I:\CONF\STCW\2\33.docTexto do artigo · p. 16 4 Every candidate for certification shall:
.1 be not less than 16 years of age;
.2 provide satisfactory proof of his/her identity; and
.3 meet the applicable medical fitness standards established by the Party.
5 Medical certificates shall remain valid for a maximum period of two years unless the seafarer is under the age of 18, in which case the maximum period of validity shall be one year.
6 If the period of validity of a medical certificate expires in the course of a voyage, then the medical certificate shall continue in force until the next port of call where a medical practitioner recognized by the Party is available, provided that the period shall not exceed three months.
7 In urgent cases the Administration may permit a seafarer to work without a valid medical certificate until the next port of call where a medical practitioner recognized by the Party is available, provided that:Texto do artigo · p. 16 .1 the period of such permission does not exceed three months; and
.2 the seafarer concerned is in possession of an expired medical certificate of recent date.Texto do artigo · p. 16 Regulation I/10 Recognition of certificatesTexto do artigo · p. 16 1 Each Administration shall ensure that the provisions of this regulation are complied with, in order to recognize, by endorsement in accordance with regulation I/2, paragraph 7, a certificate issued by or under the authority of another Party to a master, officer or radio operator and that:
.1 the Administration has confirmed, through an evaluation of that Party, which may include inspection of facilities and procedures, that the requirements of the Convention regarding standards of competence, training and certification and quality standards are fully complied with; and
.2 an undertaking is agreed with 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.
2 Measures shall be established to ensure that seafarers who present, for recognition, certificates issued under the provisions of regulations II/2, III/2 or III/3, or issued under regulation VII/1 at the management level, as defined in the STCW Code, have an appropriate knowledge of the maritime legislation of the Administration relevant to the functions they are permitted to perform.
3 Information provided and measures agreed upon under this regulation shall be communicated to the Secretary-General in conformity with the requirements of regulation I/7.
4 Certificates issued by or under the authority of a non-Party shall not be recognized.Texto do artigo · p. 16 I:\CONF\STCW\2\33.docTexto do artigo · p. 17 12 DE JULHO DE 2018 - 13 - STCW/CONF.2/33 1055Texto do artigo · p. 17 5 Notwithstanding the requirement of regulation I/2, paragraph 7, an Administration may, if circumstances require, subject to the provisions of paragraph 1, allow a seafarer to serve 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.
6 Certificates and endorsements issued by an Administration under the provisions of this regulation in recognition of, or attesting the recognition of, a certificate issued by another Party shall not be used as the basis for further recognition by another Administration.Texto do artigo · p. 17 Regulation I/11 Revalidation of certificatesTexto do artigo · p. 17 1 Every master, officer and radio operator holding a certificate issued or recognized under any chapter of the Convention 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, to:
.1 meet the standards of medical fitness prescribed by regulation I/9; and
.2 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 in paragraph 1 of this regulation and be required, at intervals not exceeding five years, to establish continued professional competence for tankers in accordance with section A-I/11, paragraph 3 of the STCW Code.
4 Each Party shall compare the standards of competence which it required of candidates for certificates issued before 1 January 2017 with those specified for the appropriate certificate in part A of the STCW Code, and shall determine the need for requiring the holders of such certificates to undergo appropriate refresher and updating training or assessment.
5 The Party 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, each 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 ships entitled to fly its flag.Texto do artigo · p. 17 I:\CONF\STCW\2\33.docTexto do artigo · p. 18 STCW/CONF.2/33 - 14 -Texto do artigo · p. 18 Regulation I/12 Use of simulators
1 The performance standards and other provisions set forth in section A-I/12 and such other requirements as are prescribed in part A of the STCW Code for any certificate concerned shall be complied with in respect of:
.1 all mandatory simulator-based training;
.2 any assessment of competency required by part A of the STCW Code which is carried out by means of a simulator; and
.3 any demonstration, by means of a simulator, of continued proficiency required by part A of the STCW Code.
Regulation I/13 Conduct of trialsTexto do artigo · p. 18 1 These regulations shall not prevent an Administration from authorizing ships entitled to fly its flag to participate in trials.
2 For the purposes of this regulation, the term trial means an experiment or series of experiments, conducted over a limited period, which may involve the use of automated or integrated systems in order to evaluate alternative methods of performing specific duties or satisfying particular arrangements prescribed by the Convention, which would provide at least the same degree of safety, security and pollution prevention as provided by these regulations.
3 The Administration authorizing ships to participate in trials shall be satisfied that such trials are conducted in a manner that provides at least the same degree of safety, security and pollution prevention as provided by these regulations. Such trials shall be conducted in accordance with guidelines adopted by the Organization.
4 Details of such trials shall be reported to the Organization as early as practicable but not less than six months before the date on which the trials are scheduled to commence. The Organization shall circulate such particulars to all Parties.
5 The results of trials authorized under paragraph 1, and any recommendations the Administration may have regarding those results, shall be reported to the Organization, which shall circulate such results and recommendations to all Parties.
6 Any Party having any objection to particular trials authorized in accordance with this regulation should communicate such objection to the Organization as early as practicable. The Organization shall circulate details of the objection to all Parties.
7 An Administration which has authorized a trial shall respect objections received from other Parties relating to such trial by directing ships entitled to fly its flag not to engage in a trial while navigating in the waters of a coastal State which has communicated its objection to the Organization.
8 An Administration which concludes, on the basis of a trial, that a particular system will provide at least the same degree of safety, security and pollution prevention as provided by theseTexto do artigo · p. 18 I:\CONF\STCW\2\33.docTexto do artigo · p. 19 - 15 - STCW/CONF.2/33Texto do artigo · p. 19 regulations may authorize ships entitled to fly its flag to continue to operate with such a system indefinitely, subject to the following requirements:Texto do artigo · p. 19 .1 the Administration shall, after results of the trial have been submitted in accordance with paragraph 5, provide details of any such authorization, including identification of the specific ships which may be subject to the authorization, to the Organization, which will circulate this information to all Parties;
.2 any operations authorized under this paragraph shall be conducted in accordance with any guidelines developed by the Organization, to the same extent as they apply during a trial;
.3 such operations shall respect any objections received from other Parties in accordance with paragraph 7, to the extent such objections have not been withdrawn; and
.4 an operation authorized under this paragraph shall only be permitted pending a determination by the Maritime Safety Committee as to whether an amendment to the Convention would be appropriate, and, if so, whether the operation should be suspended or permitted to continue before the amendment enters into force.Texto do artigo · p. 19 9 At the request of any Party, the Maritime Safety Committee shall establish a date for the consideration of the trial results and for the appropriate determinations.Texto do artigo · p. 19 Regulation I/14 Responsibilities of companiesTexto do artigo · p. 19 1 Each Administration shall, in accordance with the provisions of section A-I/14, hold companies responsible for the assignment of seafarers for service on their ships in accordance with the provisions of the present Convention, and shall require every such company to ensure that:Texto do artigo · p. 19 .1 each seafarer assigned to any of its ships holds an appropriate certificate in accordance with the provisions of the Convention and as established by the Administration;
.2 its ships are manned in compliance with the applicable safe manning requirements of the Administration;
.3 seafarers assigned to any of its ships have received refresher and updating training as required by the Convention;
.4 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 competency in assigned duties;
.5 seafarers, on being assigned to any of its ships, are familiarized with their specific duties and with all ship arrangements, installations, equipment, procedures and ship characteristics that are relevant to their routine or emergency duties;Texto do artigo · p. 19 I:\CONF\STCW\2\33.docTexto do artigo · p. 20 STCW/CONF.2/33 - 16 -Texto do artigo · p. 20 .6 the ship’s complement can effectively coordinate their activities in an emergency situation and in performing functions vital to safety, security and to the prevention or mitigation of pollution; and
.7 at all times on board its ships there shall be effective oral communication in accordance with chapter V, regulation 14, paragraphs 3 and 4 of the International Convention for the Safety of Life at Sea, 1974 (SOLAS), as amended.Texto do artigo · p. 20 Regulation I/15 Transitional provisionsTexto do artigo · p. 20 1 Until 1 January 2017, a Party may continue to issue, recognize and endorse certificates in accordance with the provisions of the Convention which applied immediately prior to 1 January 2012 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.
2 Until 1 January 2017, a Party may continue to renew and revalidate certificates and endorsements in accordance with the provisions of the Convention which applied immediately prior to 1 January 2012.Texto do artigo · p. 20 I:\CONF\STCW\2\33.docTexto do artigo · p. 21 - 17 - STCW/CONF.2/33Texto do artigo · p. 21 CHAPTER II Master and deck departmentTexto do artigo · p. 21 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:
.1 be not less than 18 years of age;
.2 have approved seagoing service of not less than 12 months as part of an approved training programme which includes onboard 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 have approved seagoing service of not less than 36 months;
.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;
.4 meet the applicable requirements of the regulations in chapter IV, as appropriate, for performing designated radio duties in accordance with the Radio Regulations;
.5 have completed approved education and training and meet the standard of competence specified in section A-II/1 of the STCW Code; and
.6 meet the standard of competence specified in section A-VI/1, paragraph 2, section A-VI/2, paragraphs 1 to 4, section A-VI/3, paragraphs 1 to 4 and section A-VI/4, paragraphs 1 to 3 of the STCW Code.
Regulation II/2 Mandatory minimum requirements for certification of masters and chief mates on ships of 500 gross tonnage or more Master and chief mate on ships of 3,000 gross tonnage or moreTexto do artigo · p. 21 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:Texto do artigo · p. 21 .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:Texto do artigo · p. 21 I:\CONF\STCW\2\33.docTexto do artigo · p. 21 .1.1 for certification as chief mate, not less than 12 months, andTexto do artigo · p. 22 STCW/CONF.2/33 - 18 -Texto do artigo · p. 22 .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; andTexto do artigo · p. 22 .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.Texto do artigo · p. 22 Master and chief mate on ships of between 500 and 3,000 gross tonnageTexto do artigo · p. 22 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:Texto do artigo · p. 22 .1 for certification as chief mate, meet the requirements of an officer in charge of a navigational watch on ships of 500 gross tonnage or more;
.2 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
.3 have completed approved training and meet the standard of competence specified in section A-II/2 of the STCW Code for masters and chief mates on ships of between 500 and 3,000 gross tonnage.Texto do artigo · p. 22 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 tonnageTexto do artigo · p. 22 Ships not engaged on near-coastal voyagesTexto do artigo · p. 22 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-coastal 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.Texto do artigo · p. 22 I:\CONF\STCW\2\33.docTexto do artigo · p. 23 - 19 - STCW/CONF.2/33Texto do artigo · p. 23 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:
.1 be not less than 18 years of age;
.2 have completed:
.2.1 special training, including an adequate period of appropriate seagoing service as required by the Administration, or
.2.2 approved seagoing service in the deck department of not less than 36 months;
.3 meet the applicable requirements of the regulations in chapter IV, as appropriate, for performing designated radio duties in accordance with the Radio Regulations;
.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
.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 near-coastal voyages shall:Texto do artigo · p. 23 .1 be not less than 20 years of age;
.2 have approved seagoing service of not less than 12 months as officer in charge of a navigational watch;
.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
.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.Texto do artigo · p. 23 I:\CONF\STCW\2\33.docTexto do artigo · p. 24 STCW/CONF.2/33 - 20 -Texto do artigo · p. 24 ExemptionsTexto do artigo · p. 24 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.Texto do artigo · p. 24 Regulation II/4 Mandatory minimum requirements for certification of ratings forming part of a navigational watch*
1 Every rating forming part of a navigational watch on a seagoing ship of 500 gross tonnage or more, other than ratings under training and ratings whose duties while on watch are of an unskilled nature, shall be duly certificated to perform such duties.
2 Every candidate for certification shall:
.1 be not less than 16 years of age;
.2 have completed:
.2.1 approved seagoing service including not less than six months of training and experience, or
.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
.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 subparagraphs 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 deckTexto do artigo · p. 24 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:Texto do artigo · p. 24 .1 be not less than 18 years of age;
.2 meet the requirements for certification as a rating forming part of a navigational watch;Texto do artigo · p. 24 * These requirements are not those for certification of Able Seamen as contained in the ILO Certification of Able Seamen Convention, 1946, or any subsequent convention.Texto do artigo · p. 24 I:\CONF\STCW\2\33.docTexto do artigo · p. 25 - 21 - STCW/CONF.2/33Texto do artigo · p. 25 .3 while qualified to serve as a rating forming part of a navigational watch, have approved seagoing service in the deck department of:
.3.1 not less than 18 months, or
.3.2 not less than 12 months and have completed approved training; and
.4 meet the standard of competence specified in section A-II/5 of the STCW Code.Texto do artigo · p. 25 3 Every Party 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 2012, a Party which is also a Party to the International Labour Organization Certification of Able Seamen Convention, 1946 (No. 74) may continue to issue, recognize and endorse certificates in accordance with the provisions of the aforesaid convention.
5 Until 1 January 2017, a Party which is also a Party to the International Labour Organization 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.
6 Seafarers may be considered by the Party 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 this regulation for that Party.Texto do artigo · p. 25 I:\CONF\STCW\2\33.docTexto do artigo · p. 26 CHAPTER III Engine departmentTexto do artigo · p. 26 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:
.1 be not less than 18 years of age;
.2 have completed combined workshop skills training and an approved seagoing service of not less than 12 months as part of an approved training programme which includes onboard training that 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 skills training and an approved seagoing service of not less than 36 months of which not less than 30 months shall be seagoing service in the engine department;
.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;
.4 have completed approved education and training and meet the standard of competence specified in section A-III/1 of the STCW Code; and
.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.
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 moreTexto do artigo · p. 26 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:Texto do artigo · p. 26 .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:Texto do artigo · p. 26 I:\CONF\STCW\2\33.docTexto do artigo · p. 27 12 DE JULHO DE 2018 - 23 - STCW/CONF.2/33 1065Texto do artigo · p. 27 .1.1 for certification as second engineer officer, have not less than 12 months as qualified engineer officer, and
.1.2 for certification as chief engineer officer, have not less than 36 months: however, this period may be reduced to not less than 24 months if not less than 12 months of such seagoing service has been served as second engineer officer; andTexto do artigo · p. 27 .2 have completed approved education and training and meet the standard of competence specified in section A-III/2 of the STCW Code.Texto do artigo · p. 27 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 kW and 3,000 kW propulsion power shall hold a certificate of competency.
2 Every candidate for certification shall:
.1 meet the requirements for certification as an officer in charge of an engineering watch and:
.1.1 for certification as second engineer officer, have not less than 12 months of approved seagoing service as assistant engineer officer or engineer officer, and
.1.2 for certification as chief engineer officer, have not less than 24 months of approved seagoing service of which not less than 12 months shall be served while qualified to serve as second engineer officer; and
.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 the certificate is so endorsed.
Regulation III/4 Mandatory minimum requirements for certification of ratings forming part of a watch in a manned engine-room or designated to perform duties in a periodically unmanned engine-roomTexto do artigo · p. 27 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.Texto do artigo · p. 27 I:\CONF\STCW\2\33.docTexto do artigo · p. 28 STCW/CONF.2/33 - 24 -Texto do artigo · p. 28 2 Every candidate for certification shall:
.1 be not less than 16 years of age;
.2 have completed:
.2.1 approved seagoing service including not less than six months of training and experience, or
.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
.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 subparagraphs 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.Texto do artigo · p. 28 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-roomTexto do artigo · p. 28 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:
.1 be not less than 18 years of age;
.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;
.3 while qualified to serve as a rating forming part of an engineering watch, have approved seagoing service in the engine department of:
.3.1 not less than 12 months, or
.3.2 not less than 6 months and have completed approved training; and
.4 meet the standard of competence specified in section A-III/5 of the STCW Code.
3 Every Party shall compare the standard 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 Party 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 lessTexto do artigo · p. 28 I:\CONF\STCW\2\33.docTexto do artigo · p. 29 - 25 - STCW/CONF.2/33Texto do artigo · p. 29 than 12 months within the last 60 months preceding the entry into force of this regulation for that Party.Texto do artigo · p. 29 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:
.1 be not less than 18 years of age;
.2 have completed not less than 12 months of combined workshop skills training and approved seagoing service of which not less than 6 months shall 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 shall be seagoing service in the engine department;
.3 have completed approved education and training and meet the standard of competence specified in section A-III/6 of the STCW Code; and
.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.
3 Every Party shall compare the standard 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 Party 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 regulation for that Party and meet the standard of competence specified in section A-III/6 of the STCW Code.
5 Notwithstanding the above requirements of paragraph 1 to 4, a suitably qualified person may be considered by a Party to be able to perform certain functions of section A-III/6.
Regulation III/7 Mandatory minimum requirements for certification of electro-technical ratingsTexto do artigo · p. 29 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.Texto do artigo · p. 29 I:\CONF\STCW\2\33.docTexto do artigo · p. 30 2 Every candidate for certification shall:
.1 be not less than 18 years of age;
.2 have:
.2.1 completed approved seagoing service including not less than 12 months training and experience, or
.2.2 completed approved training, including an approved period of seagoing service which shall not be less than 6 months, or
.2.3 qualifications that meet the technical competences in table A-III/7 and an approved period of seagoing service, which shall not be less than 3 months; and
.3 meet the standard of competence specified in section A-III/7 of the STCW Code.
3 Every Party shall compare the standard 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 Party 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 regulation for that Party 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 Party to be able to perform certain functions of section A-III/7.Texto do artigo · p. 30 I:\CONF\STCW\2\33.docTexto do artigo · p. 31 - 27 - STCW/CONF.2/33Texto do artigo · p. 31 CHAPTER IV Radiocommunication and radio operators Explanatory noteTexto do artigo · p. 31 Mandatory provisions relating to radio watchkeeping are set forth in the Radio Regulations and in the International Convention for the Safety of Life at Sea, 1974, as amended. Provisions for radio maintenance are set forth in the International Convention for the Safety of Life at Sea, 1974 (SOLAS), as amended, and the guidelines adopted by the Organization*.Texto do artigo · p. 31 Regulation IV/1 ApplicationTexto do artigo · p. 31 1 Except as provided in paragraph 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 International Convention for the Safety of Life at Sea, 1974, 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 the provisions of this chapter. Radio operators on these ships are, nevertheless, required to comply with the Radio Regulations. The Administration shall ensure that the appropriate certificates as prescribed by the Radio Regulations are issued to or recognized in respect of such radio operators.Texto do artigo · p. 31 Regulation IV/2 Mandatory minimum requirements for certification of GMDSS radio operatorsTexto do artigo · p. 31 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 recognized by the Administration under the provisions of the Radio Regulations.
2 In addition, every candidate for certification of competency under this regulation for service on a ship, which is required by the International Convention for the Safety of Life at Sea, 1974, as amended, to have a radio installation, shall:Texto do artigo · p. 31 .1 be not less than 18 years of age; and
.2 have completed approved education and training and meet the standard of competence specified in section A-IV/2 of the STCW Code.Texto do artigo · p. 31 * Refer to the Radio Maintenance Guidelines for the Global Maritime Distress and Safety System (GMDSS) Related to Sea Areas A3 and A4 adopted by the Organization by resolution A.702(17), as amended.Texto do artigo · p. 31 I:\CONF\STCW\2\33.docTexto do artigo · p. 32 STCW/CONF.2/33 - 28 -Texto do artigo · p. 32 CHAPTER V Special training requirements for personnel on certain types of shipsTexto do artigo · p. 32 Regulation V/1-1 Mandatory minimum requirements for the training and qualifications of masters, officers and ratings on oil and chemical tankersTexto do artigo · p. 32 1 Officers and ratings assigned specific duties and responsibilities related to cargo or cargo equipment on oil or chemical tankers shall hold a certificate in basic training for oil and chemical tanker cargo operations.
2 Every candidate for a certificate in basic training for oil and chemical tanker cargo operations shall have completed basic training in accordance with provisions of section A-VI/1 of the STCW Code and shall have completed:
.1 at least three months of approved seagoing service on oil or chemical tankers and meet the standard of competence specified in section A-V/1-1, paragraph 1 of the STCW Code; or
.2 an approved basic training for oil and chemical tanker cargo operations and meet the standard of competence specified in section A-V/1-1, paragraph 1 of the STCW Code.
3 Masters, chief engineer officers, chief mates, second engineer officers and any person with immediate responsibility for loading, discharging, care in transit, handling of cargo, tank cleaning or other cargo-related operations on oil tankers shall hold a certificate in advanced training for oil tanker cargo operations.
4 Every candidate for a certificate in advanced training for oil tanker cargo operations shall:
.1 meet the requirements for certification in basic training for oil and chemical tanker cargo operations; and
.2 while qualified for certification in basic training for oil and chemical tanker cargo operations, have:
.2.1 at least three months of approved seagoing service on oil tankers, or
.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; and
.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, tankTexto do artigo · p. 32 I:\CONF\STCW\2\33.docTexto do artigo · p. 33 - 29 - STCW/CONF.2/33Texto do artigo · p. 33 cleaning or other cargo-related operations on chemical tankers shall hold a certificate in advanced training for chemical tanker cargo operations.Texto do artigo · p. 33 6 Every candidate for a certificate in advanced training for chemical tanker cargo operations shall:
.1 meet the requirements for certification in basic training for oil and chemical tanker cargo operations; and
.2 while qualified for certification in basic training for oil and chemical tanker cargo operations, have:
.2.1 at least three months of approved seagoing service on chemical tankers, or
.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; and
.3 have completed approved advanced training for chemical tanker cargo operations and meet the standard of competence specified in section A-V/1-1, paragraph 3 of the STCW Code.
7 Administrations shall ensure that a certificate of proficiency is issued to seafarers, who are qualified in accordance with paragraphs 2, 4 or 6 as appropriate, or that an existing certificate of competency or certificate of proficiency is duly endorsed.Texto do artigo · p. 33 Regulation V/1-2 Mandatory minimum requirements for the training and qualifications of masters, officers and ratings on liquefied gas tankersTexto do artigo · p. 33 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:Texto do artigo · p. 33 .1 at least three months of approved seagoing service on liquefied gas tankers and meet the standard of competence specified in section A-V/1-2, paragraph 1 of the STCW Code; or
.2 an approved basic training for liquefied gas tanker cargo operations and meet the standard of competence specified in section A-V/1-2, paragraph 1 of the STCW Code.Texto do artigo · p. 34 STCW/CONF.2/33 - 30 -Texto do artigo · p. 34 3 Masters, chief engineer officers, chief mates, second engineer officers and any person with immediate responsibility for loading, discharging, care in transit, handling of cargo, tank cleaning or other cargo-related operations on liquefied gas tankers shall hold a certificate in advanced training for liquefied gas tanker cargo operations.
4 Every candidate for a certificate in advanced training for liquefied gas tanker cargo operations shall:
.1 meet the requirements for certification in basic training for liquefied gas tanker cargo operations; and
.2 while qualified for certification in basic training for liquefied gas tanker cargo operations, have:
.2.1 at least three months of approved seagoing service on liquefied gas tankers, or
.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; and
.3 have completed approved advanced training for liquefied gas tanker cargo operations and meet the standard of competence specified in section A-V/1-2, paragraph 2 of the STCW Code.
5 Administrations shall ensure that a certificate of proficiency is issued to seafarers, who are qualified in accordance with paragraphs 2 or 4 as appropriate, or that an existing certificate of competency or certificate of proficiency is duly endorsed.Texto do artigo · p. 34 Regulation V/2 Mandatory minimum requirements for the training and qualifications of masters, officers, ratings and other personnel on passenger shipsTexto do artigo · p. 34 1 This regulation applies to masters, officers, ratings and other personnel serving on board passenger ships engaged on international voyages. Administrations 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 capacity, duties and responsibilities.
3 Seafarers who are required to be trained in accordance with paragraphs 4, 6 and 7 below 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.Texto do artigo · p. 35 - 31 - STCW/CONF.2/33Texto do artigo · p. 35 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 engineer officers, chief mates, 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 Administrations 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.Texto do artigo · p. 35 I:\CONF\STCW\2\33.docTexto do artigo · p. 36 STCW/CONF.2/33 - 32 -Texto do artigo · p. 36 CHAPTER VI Emergency, occupational safety, security, medical care and survival functionsTexto do artigo · p. 36 Regulation VI/1 Mandatory minimum requirements for safety familiarization, basic training and instruction for all seafarers
1 Seafarers shall receive safety familiarization and basic training or instruction in accordance with section A-VI/1 of the STCW Code and shall meet the appropriate standard of competence specified therein.
2 Where basic training is not included in the qualification for the certificate to be issued, a certificate of proficiency shall be issued, indicating that the holder has attended the course in basic training.
Regulation VI/2 Mandatory minimum requirements for the issue of certificates of proficiency in survival craft, rescue boats and fast rescue boats
1 Every candidate for a certificate of proficiency in survival craft and rescue boats other than fast rescue boats shall:
.1 be not less than 18 years of age;
.2 have approved seagoing service of not less than 12 months or have attended an approved training course and have approved seagoing service of not less than six months; and
.3 meet the standard of competence for certificates of proficiency in survival craft and rescue boats, set out in section A-VI/2, paragraphs 1 to 4 of the STCW Code.
2 Every candidate for a certificate of proficiency in fast rescue boats shall:
.1 be the holder of a certificate of proficiency in survival craft and rescue boats other than fast rescue boats;
.2 have attended an approved training course; and
.3 meet the standard of competence for certificates of proficiency in fast rescue boats, set out in section A-VI/2, paragraphs 7 to 10 of the STCW Code.
Regulation VI/3 Mandatory minimum requirements for training in advanced fire fightingTexto do artigo · p. 36 1 Seafarers designated to control fire-fighting operations shall have successfully completed advanced training in techniques for fighting fire, with particular emphasis on organization, 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.Texto do artigo · p. 36 I:\CONF\STCW\2\33.docTexto do artigo · p. 37 - 33 - STCW/CONF.2/33Texto do artigo · p. 37 2 Where training in advanced fire fighting is not included in the qualifications for the certificate to be issued, a certificate of proficiency shall be issued indicating that the holder has attended a course of training in advanced fire fighting.Texto do artigo · p. 37 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 to 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 to 6 of the STCW Code.
3 Where training in medical first aid or medical care is not included in the qualifications for the certificate to be issued, a certificate of proficiency shall be issued indicating that the holder has attended a course of training in medical first aid or in medical care.
Regulation VI/5 Mandatory minimum requirements for the issue of certificates of proficiency for ship security officers
1 Every candidate for a certificate of proficiency as ship security officer shall:
.1 have approved seagoing service of not less than 12 months or appropriate seagoing service and knowledge of ship operations; and
.2 meet the standard of competence for certification of proficiency as ship security officer, set out in section A-VI/5, paragraphs 1 to 4 of the STCW Code.
2 Administrations 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 seafarersTexto do artigo · p. 37 1 Seafarers shall receive security-related familiarization 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 Every Party 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 regulation 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.Texto do artigo · p. 37 I:\CONF\STCW\2\33.docTexto do artigo · p. 38 STCW/CONF.2/33 - 34 -Texto do artigo · p. 38 Seafarers with designated security dutiesTexto do artigo · p. 38 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 Party 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 regulation 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.Texto do artigo · p. 38 I:\CONF\STCW\2\33.docTexto do artigo · p. 39 - 35 - STCW/CONF.2/33Texto do artigo · p. 39 CHAPTER VII Alternative certificationTexto do artigo · p. 39 Regulation VII/1 Issue of alternative certificates
1 Notwithstanding the requirements for certification laid down in chapters II and III of this annex, Parties may elect to issue or authorize the issue of certificates other than those mentioned in the regulations of those chapters, provided that:
.1 the associated functions and levels of responsibility to be stated on the certificates and in the endorsements are selected from and identical to those appearing in sections A-II/1, A-II/2, A-II/3, A-II/4, A-II/5, A-III/1, A-III/2, A-III/3, A-III/4, A-III/5 and A-IV/2 of the STCW Code;
.2 the candidates have completed approved education and training and meet the requirements for standards of competence, prescribed in the relevant sections of the STCW Code and as set forth in section A-VII/1 of this Code, for the functions and levels that are to be stated in the certificates and in the endorsements;
.3 the candidates have completed approved seagoing service appropriate to the performance of the functions and levels that are to be stated on the certificate. The minimum duration of seagoing service shall be equivalent to the duration of seagoing service prescribed in chapters II and III of this annex. However, the minimum duration of seagoing service shall be not less than as prescribed in section A-VII/2 of the STCW Code;
.4 the candidates for certification who are to perform the function of navigation at the operational level shall meet the applicable requirements of the regulations in chapter IV, as appropriate, for performing designated radio duties in accordance with the Radio Regulations; and
.5 the certificates are issued in accordance with the requirements of regulation I/2 and the provisions set forth in chapter VII of the STCW Code.
2 No certificate shall be issued under this chapter unless the Party has communicated information to the Organization in accordance with article IV and regulation I/7.
Regulation VII/2 Certification of seafarersTexto do artigo · p. 39 1 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, 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.Texto do artigo · p. 40 Regulation VII/3 Principles governing the issue of alternative certificatesTexto do artigo · p. 40 1 Any Party which elects to issue or authorize the issue of alternative certificates shall ensure that the following principles are observed:
.1 no alternative certification system shall be implemented unless it ensures a degree of safety at sea and has a preventive effect as regards pollution at least equivalent to that provided by the other chapters; and
.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:
.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 organization; and
.2 seafarers are not trained for specific shipboard arrangements in such a way as would impair their ability to take their skills elsewhere.
3 In issuing any certificate under the provisions of this chapter, the following principles shall be taken into account:
.1 the issue of alternative certificates shall not be used in itself:
.1.1 to reduce the number of crew on board,
.1.2 to lower the integrity of the profession or “de-skill” seafarers, or
.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
.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.Texto do artigo · p. 41 12 DE JULHO DE 2018 - 37 - STCW/CONF.2/33 1079Texto do artigo · p. 41 CHAPTER VIII WatchkeepingTexto do artigo · p. 41 Regulation VIII/1 Fitness for duty
1 Each Administration shall, for the purpose of preventing fatigue:
.1 establish and enforce rest periods for watchkeeping personnel and those whose duties involve designated safety, security and prevention of pollution duties in accordance with the provisions of section A-VIII/1 of the STCW Code; and
.2 require that watch systems are so arranged that the efficiency of all watchkeeping personnel is not impaired by fatigue and that duties are so organized that the first watch at the commencement of a voyage and subsequent relieving watches are sufficiently rested and otherwise fit for duty.
2 Each Administration shall, for the purpose of preventing drug and alcohol abuse, ensure that adequate measures are established in accordance with the provisions of section A-VIII/1 while taking into account the guidance given in section B-VIII/1 of the STCW Code.
Regulation VIII/2 Watchkeeping arrangements and principles to be observedTexto do artigo · p. 41 1 Administrations shall direct the attention of companies, masters, chief engineer officers and all watchkeeping personnel to the requirements, principles and guidance set out in the STCW Code which shall be observed to ensure that a safe continuous watch or watches appropriate to the prevailing circumstances and conditions are maintained on all seagoing ships at all times.
2 Administrations shall require the master of every ship to ensure that watchkeeping arrangements are adequate for maintaining a safe watch or watches, taking into account the prevailing circumstances and conditions and that, under the master’s general direction:Texto do artigo · p. 41 .1 officers in charge of the navigational watch are responsible for navigating the ship safely during their periods of duty, when they shall be physically present on the navigating bridge or in a directly associated location such as the chartroom or bridge control room at all times;
.2 radio operators are responsible for maintaining a continuous radio watch on appropriate frequencies during their periods of duty;
.3 officers in charge of an engineering watch, as defined in the STCW Code, under the direction of the chief engineer officer, shall be immediately available and on call to attend the machinery spaces and, when required, shall be physically present in the machinery space during their periods of responsibility;Texto do artigo · p. 41 I:\CONF\STCW\2\33.docTexto do artigo · p. 42 ETexto do artigo · p. 42 STCW/CONF.2/33 - 38 -Texto do artigo · p. 42 I:\CONF\STCW\2\33.doc
.4 an appropriate and effective watch or watches are maintained for the purpose of safety at all times, while the ship is at anchor or moored and, if the ship is carrying hazardous cargo, the organization of such watch or watches takes full account of the nature, quantity, packing and stowage of the hazardous cargo and of any special conditions prevailing on board, afloat or ashore; and
.5 as applicable, an appropriate and effective watch or watches are maintained for the purposes of security.”
____________
I:\CONF\STCW\2\34.docTexto do artigo · p. 42 CONFERENCE OF PARTIES TO THE INTERNATIONAL CONVENTION ON STANDARDS OF TRAINING, CERTIFICATION AND WATCHKEEPING FOR SEAFARERS, 1978 Agenda item 10Texto do artigo · p. 42 STCW/CONF.2/34Texto do artigo · p. 42 3 August 2010 Original: ENGLISHTexto do artigo · p. 42 ADOPTION OF THE FINAL ACT AND ANY INSTRUMENTS, RESOLUTIONS AND RECOMMENDATIONS RESULTING FROM THE WORK OF THE CONFERENCETexto do artigo · p. 42 Attachment 2 to the Final Act of the Conference Resolution 2 The Manila Amendments to the Seafarers’ Training, Certification and Watchkeeping (STCW) Code Text adopted by the Conference THE 2010 MANILA CONFERENCE,Texto do artigo · p. 42 HAVING ADOPTED resolution 1 on Adoption of the Manila amendments to the annex to the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STCW), 1978,Texto do artigo · p. 42 RECOGNIZING the importance of establishing detailed mandatory standards of competence and other mandatory provisions necessary to ensure that all seafarers shall be properly educated and trained, adequately experienced, skilled and competent to perform their duties in a manner which provides for the safety of life, property and security at sea and the protection of the marine environment,Texto do artigo · p. 42 ALSO RECOGNIZING the need to allow for the timely amendment of such mandatory standards and provisions in order to effectively respond to changes in technology, operations, practices and procedures used on board ships,Texto do artigo · p. 42 RECALLING that a large percentage of maritime casualties and pollution incidents are caused by human error,Texto do artigo · p. 42 APPRECIATING that one effective means of reducing the risks associated with human error in the operation of seagoing ships is to ensure that the highest practicable standards of training, certification and competence are maintained in respect of the seafarers who are or will be employed on such ships,Texto do artigo · p. 42 DESIRING to achieve and maintain the highest practicable standards for the safety of life, property and security at sea and in port and for the protection of the environment,Texto do artigo · p. 42 HAVING CONSIDERED amendments to the Seafarers’ Training, Certification and Watchkeeping (STCW) Code, comprised in part A – Mandatory standards regarding provisionsTexto do artigo · p. 43 12STCW/CONF.2/34DE JULHO DE 2018 - 2 - 1081Texto do artigo · p. 43 of the annex to the 1978 STCW Convention, as amended, and part B – Recommended guidance regarding provisions of the 1978 STCW Convention, as amended, proposed and circulated to all Members of the Organization and all Parties to the Convention,Texto do artigo · p. 43 NOTING that regulation I/1, paragraph 2, of the annex to the 1978 STCW Convention provides that amendments to part A of the STCW Code shall be adopted, brought into force and take effect in accordance with the provisions of article XII of the Convention concerning the amendment procedure applicable to the annex,Texto do artigo · p. 43 HAVING CONSIDERED amendments to the STCW Code proposed and circulated to the Members of the Organization and to all Parties to the Convention,Número ou marcador · p. 43 1. ADOPTS amendments to the Seafarers’ Training, Certification and Watchkeeping (STCW) Code, set out in annex to the present resolution;
Número ou marcador · p. 43 2. DETERMINES, in accordance with article XII(1)(a)(vii) of the Convention, that the amendments to part A of the STCW Code shall be deemed to have been accepted on 1 July 2011, unless, prior to that date, more than one third of Parties or Parties the combined merchant fleets of which constitute not less than 50% of the gross tonnage of the world’s merchant shipping of ships of 100 gross register tons or more have notified the Secretary-General that they object to the amendments;
Número ou marcador · p. 43 3. INVITES Parties to note that, in accordance with article XII(1)(a)(ix) of the Convention, the amendments to part A of the STCW Code annexed hereto shall enter into force on 1 January 2012 upon being deemed to have been accepted in accordance with paragraph 2 above;
Número ou marcador · p. 43 4. RECOMMENDS that the guidance contained in part B of the STCW Code, as amended, should be taken into account by all Parties to the 1978 STCW Convention as from the date of entry into force of the amendments to part A of the STCW Code;
Número ou marcador · p. 43 5. REQUESTS the Maritime Safety Committee to keep the STCW Code under review and amend it, as appropriate;
Número ou marcador · p. 43 6. ALSO REQUESTS the Secretary-General of the Organization to transmit certified copies of the present resolution and the text of amendments to the STCW Code contained in the annex to all Parties to the Convention;
Número ou marcador · p. 43 7. FURTHER REQUESTS the Secretary-General to transmit copies of this resolution and its annex to all Members of the Organization which are not Parties to the Convention.Texto do artigo · p. 43 * * *Texto do artigo · p. 43 I:\CONF\STCW\2\34.docTexto do artigo · p. 44 - 3 - STCW/CONF.2/34Texto do artigo · p. 44 ANNEX THE MANILA AMENDMENTS TO THE SEAFARERS’ TRAINING, CERTIFICATION AND WATCHKEEPING (STCW) CODETexto do artigo · p. 44 1 The part A of the Seafarers’ Training, Certification and Watchkeeping (STCW) Code is replaced by the following:Texto do artigo · p. 44 “PART A Mandatory standards regarding provisions of the annex to the STCW Convention IntroductionTexto do artigo · p. 44 1 This part of the STCW Code contains mandatory provisions to which specific reference is made in the annex to the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, as amended, hereinafter referred to as the STCW Convention. These provisions give in detail the minimum standards required to be maintained by Parties in order to give full and complete effect to the Convention.
2 Also contained in this part are 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 Radiocommunications
at the following levels of responsibility:
.1 Management level
.2 Operational level
.3 Support level
Functions and levels of responsibility are identified by subtitle in the tables of standards of competence given in chapters II, III and IV of this part. The scope of the function at the level of responsibility stated in a subtitle is defined by the abilities listed under it in column 1 of the table. The meaning of “function” and “level of responsibility” is defined in general terms in section A-I/1 below.
3 The numbering of the sections of this part corresponds with the numbering of the regulations contained in the annex to the STCW Convention. The text of the sections may be divided into numbered parts and paragraphs, but such numbering is unique to that text alone.Texto do artigo · p. 44 I:\CONF\STCW\2\34.docTexto do artigo · p. 45 12STCW/CONF.2/34DE JULHO DE 2018 - 4 - 1083Texto do artigo · p. 45 CHAPTER I Standards regarding general provisionsTexto do artigo · p. 45 Section A-I/1 Definitions and clarificationsTexto do artigo · p. 45 1 The definitions and clarifications contained in article II and regulation I/1 apply equally to the terms used in parts A and B of this Code. In addition, the following supplementary definitions apply only to this Code:Texto do artigo · p. 45 .1 Standard of competence means the level of proficiency to be achieved for the proper performance of functions on board ship in accordance with the internationally agreed criteria as set forth herein and incorporating prescribed standards or levels of knowledge, understanding and demonstrated skill;
.2 Management level means the level of responsibility associated with:
.2.1 serving as master, chief mate, chief engineer officer or second engineer officer on board a seagoing ship, and
.2.2 ensuring that all functions within the designated area of responsibility are properly performed;
.3 Operational level means the level of responsibility associated with:
.3.1 serving as officer in charge of a navigational or engineering watch or as designated duty engineer for periodically unmanned machinery spaces or as radio operator on board a seagoing ship, and
.3.2 maintaining direct control over the performance of all functions within the designated area of responsibility in accordance with proper procedures and under the direction of an individual serving in the management level for that area of responsibility;
.4 Support level means the level of responsibility associated with performing assigned tasks, duties or responsibilities on board a seagoing ship under the direction of an individual serving in the operational or management level;
.5 Evaluation criteria are the entries appearing in column 4 of the “Specification of Minimum Standard of Competence” tables in part A and provide the means for an assessor to judge whether or not a candidate can perform the related tasks, duties and responsibilities; and
.6 Independent evaluation means an evaluation by suitably qualified persons, independent of, or external to, the unit or activity being evaluated, to verify that the administrative and operational procedures at all levels are managed, organized, undertaken and monitored internally in order to ensure their fitness for purpose and achievement of stated objectives.Texto do artigo · p. 45 I:\CONF\STCW\2\34.docTexto do artigo · p. 46 1084 - 5 - STCW/CONF.2/34I SÉRIE — NÚMERO 136Texto do artigo · p. 46 Section A-I/2 Certificates and endorsementsTexto do artigo · p. 46 1 Where, as provided in regulation I/2, paragraph 6, the endorsement required by article VI of the Convention is incorporated in the wording of the certificate itself, the certificate shall be issued in the format shown hereunder, provided that the words “or until the date of expiry of any extension of the validity of this certificate as may be shown overleaf” appearing on the front of the form and the provisions for recording extension of the validity appearing on the back of the form shall be omitted where the certificate is required to be replaced upon its expiry. Guidance on completion of the form is contained in section B-I/2 of this Code.Texto do artigo · p. 47 12STCW/CONF.2/34DE JULHO DE 2018 - 6 - 1085Texto do artigo · p. 47 (Official Seal)Texto do artigo · p. 47 (COUNTRY) CERTIFICATE ISSUED UNDER THE PROVISIONS OF THE INTERNATIONAL CONVENTION ON STANDARDS OF TRAINING, CERTIFICATION AND WATCHKEEPING FOR SEAFARERS, 1978, AS AMENDEDTexto do artigo · p. 47 The Government of ……………………………….. certifies that ................................................................ has been found duly qualified in accordance with the provisions of regulation ………………… of the above Convention, as amended, and has been found competent to perform the following functions, at the levels specified, subject to any limitations indicated until ……………………… or until the date of expiry of any extension of the validity of this certificate as may be shown overleaf:Texto do artigo · p. 47 FUNCTION
LEVEL
LIMITATIONS APPLYING (IF ANY)
FUNCTION
LEVEL
LIMITATIONS APPLYING (IF ANY)
Texto do artigo · p. 47 The lawful holder of this certificate may serve in the following capacity or capacities specified in the applicable safe manning requirements of the Administration:Texto do artigo · p. 47 CAPACITY
LIMITATIONS APPLYING (IF ANY)
CAPACITY
LIMITATIONS APPLYING (IF ANY)
Texto do artigo · p. 47 Certificate No. .......................................................... issued on .................................................................... (Official Seal) ....................................................................................Texto do artigo · p. 47 Signature of duly authorized officialTexto do artigo · p. 47 .................................................................................... Name of duly authorized officialTexto do artigo · p. 47 The original of this certificate must be kept available in accordance with regulation I/2, paragraph 11 of the Convention while its holder is serving on a ship.Texto do artigo · p. 47 Date of birth of the holder of the certificate ................................................................................................... Signature of the holder of the certificate ........................................................................................................ Photograph of the holder of the certificateTexto do artigo · p. 47 I:\CONF\STCW\2\34.docTexto do artigo · p. 48 1086 - 7 - STCW/CONF.2/34I SÉRIE — NÚMERO 136Texto do artigo · p. 48 The validity of this certificate is hereby extended until .................................................................................
(Official Seal)
Date of revalidation .................................................
.............................................................................. …. Signature of duly authorized official
................................................................................... Name of duly authorized official
The validity of this certificate is hereby extended until .................................................................................
(Official Seal)
Date of revalidation .................................................
................................................................................... Signature of the authorized official
................................................................................... Name of duly authorized official
The validity of this certificate is hereby extended until .................................................................................
(Official Seal)
Date of revalidation .................................................
.............................................................................. …. Signature of duly authorized official
................................................................................... Name of duly authorized official
The validity of this certificate is hereby extended until .................................................................................
(Official Seal)
Date of revalidation .................................................
................................................................................... Signature of the authorized official
................................................................................... Name of duly authorized official
Texto do artigo · p. 48 2 Except as provided in paragraph 1, the form used to attest the issue of a certificate shall be as shown hereunder, provided that the words “or until the date of expiry of any extension of the validity of this endorsement as may be shown overleaf” appearing on the front of the form and the provisions for recording extension of the validity appearing on the back of the form shall be omitted where the endorsement is required to be replaced upon its expiry. Guidance on completion of the form is contained in section B-I/2 of this Code.Texto do artigo · p. 49 12STCW/CONF.2/34DE JULHO DE 2018 - 8 - 1087Texto do artigo · p. 49 (Official Seal)Texto do artigo · p. 49 (COUNTRY) ENDORSEMENT ATTESTING THE ISSUE OF A CERTIFICATE UNDER THE PROVISIONS OF THE INTERNATIONAL CONVENTION ON STANDARDS OF TRAINING, CERTIFICATION AND WATCHKEEPING FOR SEAFARERS, 1978, AS AMENDEDTexto do artigo · p. 49 The Government of ………...………………… certifies that certificate No. ……..… has been issued to …………………………………….. who has been found duly qualified in accordance with the provisions of regulation ……………………………. of the above Convention, as amended, and has been found competent to perform the following functions, at the levels specified, subject to any limitations indicated until ………………………. or until the date of expiry of any extension of the validity of this endorsement as may be shown overleaf:Texto do artigo · p. 49 FUNCTION
LEVEL
LIMITATIONS APPLYING (IF ANY)
FUNCTION
LEVEL
LIMITATIONS APPLYING (IF ANY)
Texto do artigo · p. 49 The lawful holder of this endorsement may serve in the following capacity or capacities specified in the applicable safe manning requirements of the Administration:Texto do artigo · p. 49 CAPACITY
LIMITATIONS APPLYING (IF ANY)
CAPACITY
LIMITATIONS APPLYING (IF ANY)
Texto do artigo · p. 49 Endorsement No. ...................................................... issued on .................................................................... (Official Seal) ....................................................................................Texto do artigo · p. 49 Signature of duly authorized officialTexto do artigo · p. 49 .................................................................................... Name of duly authorized officialTexto do artigo · p. 49 The original of this endorsement must be kept available in accordance with regulation I/2, paragraph 11 of the Convention while its holder is serving on a ship.Texto do artigo · p. 49 Date of birth of the holder of the certificate ................................................................................................... Signature of the holder of the certificate ........................................................................................................ Photograph of the holder of the certificateTexto do artigo · p. 50 1088 - 9 - STCW/CONF.2/34I SÉRIE — NÚMERO 136Texto do artigo · p. 50 The validity of this endorsement is hereby extended until ............................................................................
(Official Seal)
Date of revalidation .................................................
.............................................................................. …. Signature of duly authorized official
................................................................................... Name of duly authorized official
The validity of this endorsement is hereby extended until ............................................................................
(Official Seal)
Date of revalidation .................................................
................................................................................... Signature of the authorized official
................................................................................... Name of duly authorized official
The validity of this endorsement is hereby extended until ............................................................................
(Official Seal)
Date of revalidation .................................................
.............................................................................. …. Signature of duly authorized official
................................................................................... Name of duly authorized official
The validity of this endorsement is hereby extended until ............................................................................
(Official Seal)
Date of revalidation .................................................
................................................................................... Signature of the authorized official
................................................................................... Name of duly authorized official
Texto do artigo · p. 50 3 The form used to attest the recognition of a certificate shall be as shown hereunder, except that the words “or until the date of expiry of any extension of the validity of this endorsement as may be shown overleaf” appearing on the front of the form and the provisions for recording extension of the validity appearing on the back of the form shall be omitted where the endorsement is required to be replaced upon its expiry. Guidance on completion of the form is contained in section B-I/2 of this Code.Texto do artigo · p. 50 I:\CONF\STCW\2\34.DOCTexto do artigo · p. 51 12STCW/CONF.2/34DE JULHO DE 2018 - 10 - 1089
Fonte textual acessível e tabelas
Texto do artigo, página 1: CONSELHO DE MINISTROS
Texto do artigo, página 1: Resolução n.º 22/2018
Texto do artigo, página 1: de 12 de Julho
Texto do artigo, página 1: Havendo necessidade de aderir às Emendas de Manila de 2010, tendo em conta as vantagens e o interesse da República de Moçambique, ao abrigo do disposto na alínea g) do n.º 1 do artigo 204 da Constituição da República de Moçambique, o Conselho de Ministros determina:
Número ou marcador, página 1: Artigo 1. A adesão da República de Moçambique às Emendas de Manila de 2010, ao anexo à Convenção Internacional sobre Normas de Instrução, Certificação e de Serviço de Quarto para Marítimos (STCW), 1978, adoptadas na Conferência de Partes, cujo texto em língua inglesa e a respectiva tradução em língua portuguesa em anexo, são parte integrante da presente Resolução.
Número ou marcador, página 1: Art. 2. Os Ministérios dos Negócios Estrangeiros e Cooperação e dos Transportes e Comunicações são encarregues de realizar todos os trâmites para a efectivação da adesão.
Texto do artigo, página 1: Aprovada pelo Conselho de Ministros, aos 27 de Março de 2018. Publique-se. O Primeiro-Ministro, Carlos Agostinho do Rosário.
Texto do artigo, página 1: International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978
Texto do artigo, página 1: The Parties to this Convention,
Texto do artigo, página 1: Desiring to promote safety of life and property at sea and the protection of the marine environment by establishing in common agreement international standards of training, certification and watchkeeping for seafarers.
Texto do artigo, página 1: Considering that this end may best be achieved by the conclusion of an International Convention on Standards of Training, Certification and Watchkeeping for Seafarers,
Texto do artigo, página 1: Have Agreed as follows:
Texto do artigo, página 1: ARTICLE I
Texto do artigo, página 1: General Obligations under the Convention
Número ou marcador, página 1: 1. The Parties undertake to give effect to the provisions of
the Convention and the Annex thereto, which shall constitute an integral part of the Convention. Every reference to the Convention constitutes at the same time a reference to the Annex.
Número ou marcador, página 1: 2. The Parties undertake to promulgate all laws, decrees, orders
Texto do artigo, página 1: and regulations and to take all other steps which may be necessary to give the Convention full and complete effect, so as to ensure that, from the point of view of safety of life and property at sea and the protection of the marine environment, seafarers on board ships are qualified and fit for their duties.
Texto do artigo, página 1: ARTICLE II
Texto do artigo, página 1: Definitions
Texto do artigo, página 1: For the purpose of the Convention, unless expressly provided otherwise:
Texto do artigo, página 1: a. "Party" means a State for which the Convention has entered into force;
b. "Administration" means the Government of the Party whose flag the ship is entitled to fly;
c. "Certificate" means a valid document, by whatever name it may be known, issued by or under the authority of the Administration or recognized by the Administration authorizing the holder to serve as stated in this document or as authorized by national regulations;
d. "Certificated" means properly holding a certificate;
e. "Organization" means the Inter-Governmental Maritime Consultative Organization (IMCO)*;
f. "Secretary-General" means the Secretary-General of the Organization;
g. "Sea-going ship" means a ship other than those which navigate exclusively in inland waters or in waters within, or closely adjacent to, sheltered waters or areas where port regulations apply;
Texto do artigo, página 2: h. "Fishing vessel" means a vessel used for catching fish, whales, seals, walrus or other living resources of the sea;
i. "Radio Regulations" means the Radio Regulations annexed to, or regarded as being annexed to, the most recent International Telecommunication Convention which may be in force at any time.
Texto do artigo, página 2: ARTICLE III
Texto do artigo, página 2: Application
Texto do artigo, página 2: The Convention shall apply to seafarers serving on board sea-going ships entitled to fly the flag of a Party except to those serving on board:
Texto do artigo, página 2: a. Warships, naval auxiliaries or other ships owned or operated by a State and engaged only on governmental non-commercial service; however, each Party shall ensure by the adoption of appropriate measures not impairing the operations or operational capabilities of such ships owned or operated by it, that the persons serving on board such ships meet the requirements of the Convention so far as is reasonable and practicable;
b. Fishing vessels;
c. Pleasure yachts not engaged in trade; or
d. Wooden ships of primitive build.
Texto do artigo, página 2: ARTICLE IV
Texto do artigo, página 2: Communication of Information
Número ou marcador, página 2: 1. The Parties shall communicate as soon as practicable to the
Secretary-General:
a. the text of laws, decrees, orders, regulations and instruments promulgated on the various matters within the scope of the Convention;
b. full details, where appropriate, of contents and duration of study courses, together with their national examination and other requirements for each certificate issued in compliance with the Convention;
c. a sufficient number of specimen certificates issued in compliance with the Convention.
Número ou marcador, página 2: 2. The Secretary-General shall notify all Parties of the receipt
Texto do artigo, página 2: of any communication under paragraph 1(a) and, inter alia, for the purposes of Articles IX and X, shall, on request, provide them with any information communicated to him under paragraphs 1(b) and (c).
Texto do artigo, página 2: ARTICLE V
Texto do artigo, página 2: Other Treaties and Interpretation
Número ou marcador, página 2: 1. All prior treaties, conventions and arrangements relating to
standards of training, certification and watchkeeping for seafarers in force between the Parties, shall continue to have full and complete effect during the terms thereof as regards:
a. Seafarers to whom this Convention does not apply;
b. Seafarers to whom this Convention applies, in respect of matters for which it has not expressly provided.
Número ou marcador, página 2: 2. To the extent, however, that such treaties, conventions or
arrangements conflict with the provisions of the Convention, the Parties shall review their commitments under such treaties, conventions and arrangements with a view to ensuring that there is no conflict between these commitments and their obligations under the Convention.
Número ou marcador, página 2: 3. All matters which are not expressly provided for in the
Texto do artigo, página 2: Convention remain subject to the legislation of Parties.
Número ou marcador, página 2: 4. Nothing in the Convention shall prejudice the codification and development of the law of the sea by the United Nations Conference on the Law of the Sea convened pursuant to resolution 2750 C(XXV) of the General Assembly of the United Nations, nor the present of future claims and legal views of any State concerning the law of the sea and the nature and extent of coastal and flag State jurisdiction.
Texto do artigo, página 2: ARTICLE VI
Texto do artigo, página 2: Certificates
Número ou marcador, página 2: 1. Certificates for masters, officers or ratings shall be issued to
those candidates who, to the satisfaction of the Administration, meet the requirements for service, age, medical fitness, training, qualification and examinations in accordance with the appropriate provisions of the Annex to the Convention.
Número ou marcador, página 2: 2. Certificates for masters and officers, issued in compliance
Texto do artigo, página 2: with this Article, shall be endorsed by the issuing Administration in the form as prescribed in Regulation I/2 of the Annex. If the language used is not English, the endorsement shall include a translation into that language.
Texto do artigo, página 2: ARTICLE VII
Texto do artigo, página 2: Transitional Provisions
Número ou marcador, página 2: 1. A certificate of competency or of service in a capacity for
which the Convention requires a certificate and which before entry into force of the Convention for a Party is issued in accordance with the laws of that Party or the Radio Regulations, shall be recognized as valid for service after entry into force of the Convention for that Party.
Número ou marcador, página 2: 2. After the entry into force of the Convention for a Party, its
Administration may continue to issue certificates of competency in accordance with its previous practices for a period not exceeding five years. Such certificates shall be recognized as valid for the purpose of the Convention. During this transitional period such certificates shall be issued only to seafarers who had commenced their sea service before entry into force of the Convention for that Party within the specific ship department to which those certificates relate. The Administration shall ensure that all other candidates for certification shall be examined and certificated in accordance with the Convention.
Número ou marcador, página 2: 3. A Party may, within two years after entry into force of the
Texto do artigo, página 2: Convention for that Party, issue a certificate of service to seafarers who hold neither an appropriate certificate under the Convention nor a certificate of competency issued under its laws before entry into force of the Convention for that Party but who have:
Texto do artigo, página 2: a. Served in the capacity for which they seek a certificate of service for not less than three years at sea within the last seven years preceding entry into force of the Convention for that Party;
b. Produced evidence that they have performed that service satisfactorily;
c. Satisfied the Administration as to medical fitness, including eyesight and hearing, taking into account their age at the time of application.
Texto do artigo, página 2: For the purpose of the Convention, a certificate of service issued under this paragraph shall be regarded as the equivalent of a certificate issued under the Convention.
Texto do artigo, página 2: ARTICLE VIII
Texto do artigo, página 2: Dispensation
Número ou marcador, página 2: 1. In circumstances of exceptional necessity, Administrations, if in their opinion this does not cause danger to persons, property
Texto do artigo, página 3: or the environment, may issue a dispensation permitting a specified seafarer to serve in a specified ship for a specified period not exceeding six months in a capacity, other than that of the radio officer or radiotelephone operator, except as provided by the relevant Radio Regulations, for which he does not hold the appropriate certificate, provided that the person to whom the dispensation is issued shall be adequately qualified to fill the vacant post in a safe manner, to the satisfaction of the Administration. However, dispensations shall not be granted to a master or chief engineer officer, except in circumstances of force majeure and then only for the shortest possible period.
Número ou marcador, página 3: 2. Any dispensation granted for a post shall be granted only
to a person properly certificated to fill the post immediately below. Where certification of the post below is not required by the Convention, a dispensation may be issued to a person whose qualification and experience are, in the opinion of the Administration, of a clear equivalence to the requirements for the post to be filled, provided that, if such a person holds no appropriate certificate, he shall be required to pass a test accepted by the Administration as demonstrating that such a dispensation may safely be issued. In addition, Administration shall ensure that the post in question is filled by the holder of an appropriate certificate as soon as possible.
Número ou marcador, página 3: 3. Parties shall, as soon as possible after 1 January of each
Texto do artigo, página 3: year, send a report to the Secretary-General giving information of the total number of dispensations in respect of each capacity for which a certificate is required that have been issued during the year to sea-going ships, together with information as to the numbers of those ships above and below 1,600 gross register tons respectively.
Texto do artigo, página 3: ARTICLE IX
Texto do artigo, página 3: Equivalents
Número ou marcador, página 3: 1. The Convention shall not prevent an Administration from
retaining or adopting other educational and training arrangements, including those involving sea-going service and shipboard organization especially adapted to technical developments and to special types of ships and trades, provided that the level of seagoing service, knowledge and efficiency as regards navigational and technical handling of ship and cargo ensures a degree of safety at sea and has a preventive effect as regards pollution at least equivalent to the requirements of the Convention.
Número ou marcador, página 3: 2. Details of such arrangements shall be reported as early as
Texto do artigo, página 3: practicable to the Secretary-General who shall circulate such particulars to all Parties.
Texto do artigo, página 3: ARTICLE X
Texto do artigo, página 3: Control
Número ou marcador, página 3: 1. Ships, except those excluded by Article III, are subject, while
in the ports of a Party, to control by officers duly authorized by that Party to verify that all seafarers serving on board who are required to be certificated by the Convention are so certificated or hold an appropriate dispensation. Such certificates shall be accepted unless there are clear grounds for believing that a certificate has been fraudulently obtained or that the holder of a certificate is not the person to whom that certificate was originally issued.
Número ou marcador, página 3: 2. In the event that any deficiencies are found under paragraph
Texto do artigo, página 3: 1 or under the procedures specified in Regulation I/4 - "Control Procedures", the officer carrying out the control shall forthwith inform, in writing, the master of the ship and the Consul or, in his absence, the nearest diplomatic representative or the maritime authority of the State whose flag the ship is entitled to fly, so that appropriate action may be taken. Such notification shall specify
Texto do artigo, página 3: the details of the deficiencies found and the grounds on which the Party determines that these deficiencies pose a danger to persons, property or the environment.
Número ou marcador, página 3: 3. In exercising the control under paragraph 1 if, taking into
account the size and type of the ship and the length and nature of the voyage, the deficiencies referred to in paragraph 3 of Regulation I/4 are not corrected and it is determined that this fact poses a danger to persons, property or the environment, the Party carrying out the control shall take steps to ensure that the ship will not sail unless and until these requirements are met to the extent that the danger has been removed. The facts concerning the action taken shall be reported promptly to the Secretary-General.
Número ou marcador, página 3: 4. When exercising control under this Article, all possible
efforts shall be made to avoid a ship being unduly detained or delayed. If a ship is so detained or delayed it shall be entitled to compensation for any loss or damage resulting therefrom.
Número ou marcador, página 3: 5. This Article shall be applied as may be necessary to ensure
Texto do artigo, página 3: that no more favourable treatment is given to ships entitled to fly the flag of a non-Party than is given to ships entitled to fly the flag of a Party.
Texto do artigo, página 3: ARTICLE XI
Texto do artigo, página 3: Promotion of Technical Co-operation
Número ou marcador, página 3: 1. Parties to the Convention shall promote, in consultation
with, and with the assistance of, the Organization, support for those Parties which request technical assistance for:
a. Training of administrative and technical personnel;
b. Establishment of institutions for the training of seafarers;
c. Supply of equipment and facilities for training institutions;
d. development of adequate training programmes, including practical training on sea-going ships; and
e. Facilitation of other measures and arrangements to enhance the qualifications of seafarers;
preferably on a national, sub-regional or regional basis, to further the aims and purposes of the Convention, taking into account the special needs of developing countries in this regard.
Número ou marcador, página 3: 2. On its part, the Organization shall pursue the aforesaid
Texto do artigo, página 3: efforts, as appropriate, in consultation or association with other international organizations, particularly the International Labour Organization.
Texto do artigo, página 3: ARTICLE XII
Texto do artigo, página 3: Amendments
Número ou marcador, página 3: 1. The Convention may be amended by either of the following procedures:
Texto do artigo, página 3: a. Amendments after consideration within the Organization:
Texto do artigo, página 3: i. Any amendment proposed by a Party shall be submitted to the Secretary-General, who shall then circulate it to all Members of the Organization, all Parties and the Director-General of the International Labour Office at least six months prior to its consideration;
ii. Any amendment so proposed and circulated shall be referred to the Maritime Safety Committee of the Organization for consideration;
iii. Parties, whether or not Members of the Organization, shall be entitled to participate in the proceedings of the Maritime Safety Committee for consideration and adoption of amendments;
iv. Amendments shall be adopted by a two-thirds majority of the Parties present and voting in the Maritime Safety Committee expanded as provided
Texto do artigo, página 4: for in sub-paragraph (a)(iii) (hereinafter referred to as the "expanded Maritime Safety Committee") on condition that at least one third of the Parties shall be present at the time of voting;
v. Amendments so adopted shall be communicated by the Secretary - General to all Parties for acceptance;
vi. An amendment to an Article shall be deemed to have been accepted on the date on which it is accepted by two thirds of the Parties;
vii. an amendment to the Annex shall be deemed to have been accepted:
Número ou marcador, página 4: 1. At the end of two years from the date on which it is communicated to Parties for acceptance; or
Número ou marcador, página 4: 2. At the end of a different period, which shall be not less than one year, if so determined at the time of its adoption by a two-thirds majority of the Parties present and voting in the expanded Maritime Safety Committee; however, the amendments shall be deemed not to have been accepted if within the specified period either more than one third of Parties, or Parties the combined merchant fleets of which constitute not less than fifty percent of the gross tonnage of the world's merchant shipping of ships of 100 gross register tons or more, notify the SecretaryGeneral that they object to the amendment;
viii. An amendment to an Article shall enter into force with respect to those Parties which have accepted it, six months after the date on which it is deemed to have been accepted, and with respect to each Party which accepts it after that date, six months after the date of that Party's acceptance;
ix. An amendment to the Annex shall enter into force with respect to all Parties, except those which have objected to the amendment under sub-paragraph (a)(vii) and which have not withdrawn such objections, six months after the date on which it is deemed to have been accepted. Before the date determined for entry into force, any Party may give notice to the Secretary-General that it exempts itself from giving effect to that amendment for a period not longer than one year from the date of its entry into force, or for such longer period as may be determined by a two thirds majority of the Parties present and voting in the expanded Maritime Safety Committee at the time of the adoption of the amendment; or
Texto do artigo, página 4: b. Amendment by a conference:
Texto do artigo, página 4: i. Upon the request of a Party concurred in by at least one third of the Parties, the Organization shall convene, in association or consultation with the DirectorGeneral of the International Labour Office, a conference of a Parties to consider amendments to the Convention;
ii. Every amendment adopted by such a conference by a two thirds majority of the Parties present and voting shall be communicated by the Secretary-General to all Parties for acceptance;
iii. Unless the conference decides otherwise, the amendment shall be deemed to have been accepted and shall enter into force in accordance with the procedures specified in sub-paragraphs (a)(vi) and (a)(viii) or sub-paragraphs (a)(vii) and (a)(ix) respectively, provided that references in these
Texto do artigo, página 4: sub-paragraphs to the expanded Maritime Safety Committee shall be taken to mean references to the conference.
Número ou marcador, página 4: 2. Any declaration of acceptance of, or objection to, an
amendment or any notice given under paragraph 1 (a) (ix) shall be submitted in writing to the Secretary-General, who shall inform all Parties of any such submission and the date of its receipt.
Número ou marcador, página 4: 3. The Secretary-General shall inform all Parties of any
Texto do artigo, página 4: amendments which enter into force, together with the date on which each such amendment enters into force.
Texto do artigo, página 4: ARTICLE XIII
Texto do artigo, página 4: Signature, Ratification, Acceptance, Approval and Accession
Número ou marcador, página 4: 1. The Convention shall remain open for signature at the
Headquarters of the Organization from 1 December 1978 until 30 November 1979 and shall thereafter remain open for accession. Any State may become a Party by:
a. Signature without reservation as to ratification, acceptance or approval; or
b. Signature subject to ratification, acceptance or approval, followed by ratification, acceptance or approval; or
c. Accession.
Número ou marcador, página 4: 2. Ratification, acceptance, approval or accession shall be
effected by the deposit of an instrument to that effect with the Secretary-General.
Número ou marcador, página 4: 3. The Secretary-General shall inform all States that have
Texto do artigo, página 4: signed the Convention or acceded to it and the Director-General of the International Labour Office of any signature or of the deposit of any instrument of ratification, acceptance, approval or accession and the date of its deposit.
Texto do artigo, página 4: ARTICLE XIV
Texto do artigo, página 4: Entry into Force
Número ou marcador, página 4: 1. The Convention shall enter into force twelve months after
the date on which not less than twenty-five States, the combined merchant fleets of which constitute not less than fifty percent of the gross tonnage of the world's merchant shipping of ships of 100 gross register tons or more, have either signed it without reservation as to ratification, acceptance or approval or deposited the requisite instruments of ratification, acceptance, approval or accession in accordance with Article XIII.
Número ou marcador, página 4: 2. The Secretary-General shall inform all States that have
signed the Convention or acceded to it of the date on which it enters into force.
Número ou marcador, página 4: 3. Any instrument of ratification, acceptance, approval or
accession deposited during the twelve months referred to in paragraph (a) shall take effect on the coming into force of the Convention or three months after the deposit of such instrument, whichever is the later date.
Número ou marcador, página 4: 4. Any instrument of ratification, acceptance, approval or
accession deposited after the date on which the Convention enters into force shall take effect three months after the date of deposit.
Número ou marcador, página 4: 5. After the date on which an amendment is deemed to have
Texto do artigo, página 4: been accepted under Article XII, any instrument of ratification, acceptance, approval or accession deposited shall apply to the Convention as amended.
Texto do artigo, página 4: ARTICLE XV
Texto do artigo, página 4: Denunciation
Número ou marcador, página 4: 1. The Convention may be denounced by any Party at any time after five years from the date on which the Convention entered into force for that Party.
Número ou marcador, página 5: 2. Denunciation shall be effected by notification in writing to
the Secretary-General who shall inform all other Parties and the Director-General of the International Labour Office of any such notification received and of the date of its receipt as well as the date on which such denunciation takes effect.
Número ou marcador, página 5: 3. A denunciation shall take effect twelve months after receipt
Texto do artigo, página 5: CONFERENCE OF PARTIES TO THE INTERNATIONAL CONVENTION ON STANDARDS OF TRAINING, CERTIFICATION AND WATCHKEEPING FOR SEAFARERS, 1978 Agenda item 10
Texto do artigo, página 5: of the notification of denunciation by the Secretary-General or after any longer period which may be indicated in the notification.
Texto do artigo, página 5: ARTICLE XVI
Texto do artigo, página 5: Deposit and Registration
Número ou marcador, página 5: 1. The Convention shall be deposited with the SecretaryGeneral who shall transmit certified true copies thereof to all States that have signed the Convention or acceded to it.
Texto do artigo, página 5: E
Número ou marcador, página 5: 2. As soon as the Convention enters into force, the SecretaryGeneral shall transmit the text to the Secretary-General of the United Nations for registration and publication, in accordance with Article 102 of the Charter of the United Nations.
Texto do artigo, página 5: ARTICLE XVII
Texto do artigo, página 5: STCW/CONF.2/33
Texto do artigo, página 5: 1 July 2010 Original: ENGLISH
Texto do artigo, página 5: Languages
Texto do artigo, página 5: The Convention is established in a single copy in the Chinese, English, French, Russian and Spanish languages, each text being equally authentic. Official translations in the Arabic and German languages shall be prepared and deposited with the signed original.
Texto do artigo, página 5: ADOPTION OF THE FINAL ACT AND ANY INSTRUMENTS, RESOLUTIONS AND RECOMMENDATIONS RESULTING FROM THE WORK OF THE CONFERENCE
Texto do artigo, página 5: Attachment 1 to the Final Act of the Conference Resolution 1 The Manila Amendments to the annex to the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STCW), 1978 Text adopted by the Conference THE 2010 MANILA CONFERENCE,
Texto do artigo, página 5: RECALLING Article XII(1)(b) of the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978 (hereinafter referred to as “the Convention”), concerning the procedure for amendment by a Conference of Parties,
Texto do artigo, página 5: HAVING CONSIDERED the Manila amendments to the annex to the Convention proposed and circulated to the Members of the Organization and to all Parties to the Convention,
Número ou marcador, página 5: 1. ADOPTS, in accordance with article XII(1)(b)(ii) of the Convention, amendments to the annex to the Convention, the text of which is set out in the annex to the present resolution;
Número ou marcador, página 5: 2. DETERMINES, in accordance with article XII(1)(a)(vii) of the Convention, that the amendments annexed hereto shall be deemed to have been accepted on 1 July 2011, unless, prior to that date, more than one third of Parties to the Convention or Parties the combined merchant fleets of which constitute not less than 50% of the gross tonnage of the world’s merchant shipping of ships of 100 gross register tons or more have notified the Secretary-General that they object to the amendments;
Número ou marcador, página 5: 3. INVITES Parties to note that, in accordance with article XII(1)(a)(ix) of the Convention, the amendments annexed hereto shall enter into force on 1 January 2012 upon being deemed to have been accepted in accordance with paragraph 2 above;
Número ou marcador, página 5: 4. REQUESTS the Secretary-General of the Organization to transmit certified copies of the present resolution and the text of the amendments contained in the annex to all Parties to the Convention;
Número ou marcador, página 5: 5. FURTHER REQUESTS the Secretary-General to transmit copies of this resolution and its annex to all Members of the Organization which are not Parties to the Convention.
Texto do artigo, página 6: STCW/CONF.2/33 - 2 -
Texto do artigo, página 6: ANNEX THE MANILA AMENDMENTS TO THE ANNEX TO THE INTERNATIONAL CONVENTION ON STANDARDS OF TRAINING, CERTIFICATION AND WATCHKEEPING FOR SEAFARERS, 1978
Texto do artigo, página 6: The annex to the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, is replaced by the following:
Texto do artigo, página 6: “ANNEX CHAPTER I General provisions
Texto do artigo, página 6: Regulation I/1 Definitions and clarifications
Texto do artigo, página 6: 1 For the purpose of the Convention, unless expressly provided otherwise:
Texto do artigo, página 6: .1 Regulations means regulations contained in the annex to the Convention;
.2 Approved means approved by the Party in accordance with these regulations;
.3 Master means the person having command of a ship;
.4 Officer means a member of the crew, other than the master, designated as such by national law or regulations or, in the absence of such designation, by collective agreement or custom;
.5 Deck officer means an officer qualified in accordance with the provisions of chapter II of the Convention;
.6 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;
.7 Engineer officer means an officer qualified in accordance with the provisions of regulation III/1, III/2 or III/3 of the Convention;
.8 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 ship;
.9 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 will fall in the event of the incapacity of the chief engineer officer;
.10 Assistant engineer officer means a person under training to become an engineer officer and designated as such by national law or regulations;
Texto do artigo, página 6: I:\CONF\STCW\2\33.doc
Texto do artigo, página 7: - 3 - STCW/CONF.2/33
Texto do artigo, página 7: .11 Radio operator means a person holding an appropriate certificate issued or recognized by the Administration under the provisions of the Radio Regulations;
.12 GMDSS radio operator means a person who is qualified in accordance with the provisions of chapter IV of the Convention;
.13 Rating means a member of the ship’s crew other than the master or an officer;
.14 Near-coastal voyages means voyages in the vicinity of a Party as defined by that Party;
.15 Propulsion power means the total maximum continuous rated output power, in kilowatts, of all the ship’s main propulsion machinery which appears on the ship’s certificate of registry or other official document;
.16 Radio duties include, as appropriate, watchkeeping and technical maintenance and repairs conducted in accordance with the Radio Regulations, the International Convention for the Safety of Life at Sea, 1974 (SOLAS), as amended and, at the discretion of each Administration, the relevant recommendations of the Organization;
.17 Oil tanker means a ship constructed and used for the carriage of petroleum and petroleum products in bulk;
.18 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;
.19 Liquefied gas tanker means a ship constructed or adapted and used for the carriage in bulk of any liquefied gas or other product listed in chapter 19 of the International Gas Carrier Code;
.20 Passenger ship means a ship as defined in the International Convention for the Safety of Life at Sea, 1974, as amended;
.21 Ro-ro passenger ship means a passenger ship with ro-ro spaces or special category spaces as defined in the International Convention for the Safety of Life at Sea, 1974 (SOLAS), as amended;
.22 Month means a calendar month or 30 days made up of periods of less than one month;
.23 STCW Code means the Seafarers’ Training, Certification and Watchkeeping (STCW) Code as adopted by the 1995 Conference resolution 2, as it may be amended by the Organization;
.24 Function means a group of tasks, duties and responsibilities, as specified in the STCW Code, necessary for ship operation, safety of life at sea or protection of the marine environment;
Texto do artigo, página 7: I:\CONF\STCW\2\33.doc
Texto do artigo, página 8: .25 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 shipowner and who, on assuming such responsibility, has agreed to take over all the duties and responsibilities imposed on the company by these regulations;
.26 Seagoing service means service on board a ship relevant to the issue or revalidation of a certificate or other qualification;
.27 ISPS Code means the International Ship and Port Facility Security (ISPS) Code adopted on 12 December 2002, by resolution 2 of the Conference of Contracting Governments to the International Convention for the Safety of Life at Sea (SOLAS), 1974, as may be amended by the Organization;
.28 Ship security officer means the person on board the ship, accountable to the master, designated by the Company as responsible for the security of the ship including implementation and maintenance of the ship security plan and liaison with the company security officer and port facility security officers;
.29 Security duties include all security tasks and duties on board ships as defined by chapter XI-2 of the International Convention for the Safety of Life at Sea (SOLAS 1974, as amended) and the International Ship and Port Facility Security (ISPS) Code;
.30 Certificate of competency means a certificate issued and endorsed for masters, officers and GMDSS radio operators in accordance with the provisions of chapters II, III, IV or VII of this annex and entitling the lawful holder thereof to serve in the capacity and perform the functions involved at the level of responsibility specified therein;
.31 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 seagoing service in the Convention have been met;
.32 Documentary evidence means documentation, other than a certificate of competency or certificate of proficiency, used to establish that the relevant requirements of the Convention have been met;
.33 Electro-technical officer means an officer qualified in accordance with the provisions of regulation III/6 of the Convention;
.34 Able seafarer deck means a rating qualified in accordance with the provisions of
regulation II/5 of the Convention;
.35 Able seafarer engine means a rating qualified in accordance with the provisions of
regulation III/5 of the Convention; and
.36 Electro-technical rating means a rating qualified in accordance with the provisions of regulation III/7 of the Convention.
Texto do artigo, página 8: I:\CONF\STCW\2\33.doc
Texto do artigo, página 9: 12 DE JULHO DE 2018 - 5 - STCW/CONF.2/33 1047
Texto do artigo, página 9: 2 These regulations are supplemented by the mandatory provisions contained in part A of the STCW Code and:
.1 any reference to a requirement in a regulation also constitutes a reference to the corresponding section of part A of the STCW Code;
.2 in applying these regulations, the related guidance and explanatory material contained in part B of the STCW Code should be taken into account to the greatest degree possible in order to achieve a more uniform implementation of the Convention provisions on a global basis;
.3 amendments to part A of the STCW Code shall be adopted, brought into force and take effect in accordance with the provisions of article XII of the Convention concerning the amendment procedure applicable to the annex; and
.4 part B of the STCW Code shall be amended by the Maritime Safety Committee in accordance with its rules of procedure.
3 The references made in article VI of the Convention to “the Administration” and “the issuing Administration” shall not be construed as preventing any Party from issuing and endorsing certificates under the provisions of these regulations.
Texto do artigo, página 9: Regulation I/2 Certificates and endorsements
Texto do artigo, página 9: 1 Certificates of competency shall be issued only by the Administration, following verification of the authenticity and validity of any necessary documentary evidence.
2 Certificates issued in accordance with the provisions of regulations V/1-1 and V/1-2 to masters and officers shall only be issued by an Administration.
3 Certificates shall be in the official language or languages of the issuing country. If the language used is not English, the text shall include a translation into that language.
4 In respect of radio operators, Parties may:
.1 include the additional knowledge required by the relevant regulations in the examination for the issue of a certificate complying with the Radio Regulations; or
.2 issue a separate certificate indicating that the holder has the additional knowledge required by the relevant regulations.
5 The endorsement required by article VI of the Convention to attest the issue of a certificate shall only be issued if all the requirements of the Convention have been complied with.
6 At the discretion of a Party, endorsements may be incorporated in the format of the certificates being issued as provided for in section A-I/2 of the STCW Code. If so incorporated, the form used shall be that set forth in section A-I/2, paragraph 1. If issued otherwise, the form of endorsements used shall be that set forth in paragraph 2 of that section.
Texto do artigo, página 9: I:\CONF\STCW\2\33.doc
Texto do artigo, página 10: STCW/CONF.2/33 - 6 -
Texto do artigo, página 10: 7 An Administration which recognizes under regulation I/10:
.1 a certificate of competency; or
.2 a certificate of proficiency issued to masters and officers in accordance with the provisions of regulations V/1-1 and V/1-2 shall endorse such certificate to attest its recognition only after ensuring the authenticity and validity of the certificate.
The endorsement shall only be issued if all requirements of the Convention have been complied with. The form of the endorsement used shall be that set forth in paragraph 3 of section A-I/2 of the STCW Code.
8 The endorsements referred to in paragraphs 5, 6 and 7:
.1 may be issued as separate documents;
.2 shall be issued by the Administration only;
.3 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, provided that number is unique; and
.4 shall expire as soon as the certificate endorsed expires or is withdrawn, suspended or cancelled by the Party which issued it and, in any case, not more than five years after their date of issue.
9 The capacity in which the holder of a certificate is authorized 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.
10 Administrations may use a format different from the format given 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 into account the variations permitted under section A-I/2.
11 Subject to the provisions of regulation I/10, paragraph 5, any certificate required by the Convention must be kept available in its original form on board the ship on which the holder is serving.
12 Each Party shall ensure that certificates are issued only to candidates who comply with the requirements of this regulation.
13 Candidates for certification shall provide satisfactory proof:
Texto do artigo, página 10: .1 of their identity;
.2 that their age is not less than that prescribed in the regulation relevant to the certificate applied for;
.3 that they meet the standards of medical fitness specified in section A-I/9 of the STCW Code;
Texto do artigo, página 10: I:\CONF\STCW\2\33.doc
Texto do artigo, página 11: 12 DE JULHO DE 2018 - 7 - STCW/CONF.2/33 1049
Texto do artigo, página 11: .4 of having completed the seagoing service and any related compulsory training required by these regulations for the certificate applied for; and
.5 that they meet the standards of competence prescribed by these regulations for the capacities, functions and levels that are to be identified in the endorsement to the certificate.
Texto do artigo, página 11: 14 Each Party undertakes to maintain a register or registers of all certificates and endorsements for masters, officers, and, as applicable, ratings which are issued, have expired or have been revalidated, suspended, cancelled or reported lost or destroyed and of dispensations issued.
15 Each Party undertakes to make available information on the status of such certificates of competency, endorsements and dispensations to other Parties and companies which request verification of the authenticity and validity of certificates produced to them by seafarers seeking recognition of their certificates under regulation I/10 or employment on board ship.
16 As of 1 January 2017, the information on the status of information required to be available in accordance with paragraph 15 of this regulation shall be made available, in the English language, through electronic means.
Texto do artigo, página 11: 1 Any Party defining near-coastal voyages for the purpose of the Convention shall not impose training, experience or certification requirements on the seafarers serving on board the ships entitled to fly the flag of another Party and engaged on such voyages in a manner resulting in more stringent requirements for such seafarers than for seafarers serving on board ships entitled to fly its own flag. In no case shall any such Party impose requirements in respect of seafarers serving on board ships entitled to fly the flag of another Party in excess of those of the Convention in respect of ships not engaged on near-coastal voyages.
2 A Party that, for ships afforded the benefits of the near-coastal voyage provisions of the Convention, which includes voyages off the coast of other Parties within the limits of their near-coastal definition, shall enter into an undertaking with the Parties concerned specifying the details of both involved trading areas and other relevant conditions.
3 With respect to ships entitled to fly the flag of a Party regularly engaged on near-coastal voyages off the coast of another Party, the Party whose flag the ship is entitled to fly shall prescribe training, experience and certification requirements for seafarers serving on such ships at least equal to those of the Party off whose coast the ship is engaged, provided that they do not exceed the requirements of the Convention in respect of ships not engaged on near-coastal voyages. Seafarers serving on a ship which extends its voyage beyond what is defined as a near-coastal voyage by a Party and enters waters not covered by that definition shall fulfil the appropriate competency requirements of the Convention.
4 A Party may afford a ship which is entitled to fly its flag the benefits of the near-coastal voyage provisions of the Convention when it is regularly engaged off the coast of a non-Party on near-coastal voyages as defined by the Party.
5 The certificates of seafarers issued by a Party for its defined near-coastal voyages limits may be accepted by other Parties for service in their defined near-coastal voyages limits,
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Texto do artigo, página 12: STCW/CONF.2/33 - 8 -
Texto do artigo, página 12: provided the Parties concerned enter into an undertaking specifying the details of involved trading areas and other relevant conditions thereof.
Texto do artigo, página 12: 6 Parties defining near-coastal voyages, in accordance with the requirements of this regulation, shall:
.1 meet the principles governing near-coastal voyages specified in section A-I/3;
.2 communicate to the Secretary-General, in conformity with the requirements of regulation I/7, the details of the provisions adopted; and
.3 incorporate the near-coastal voyages limits in the endorsements issued pursuant to regulation I/2, paragraphs 5, 6 or 7.
7 Nothing in this regulation shall, in any way, limit the jurisdiction of any State, whether or not a Party to the Convention.
Texto do artigo, página 12: Regulation I/4 Control procedures
Texto do artigo, página 12: 1 Control exercised by a duly authorized control officer under article X shall be limited to the following:
Texto do artigo, página 12: .1 verification in accordance with article X(1) that all seafarers serving on board who are required to be certificated in accordance with the Convention hold an appropriate certificate or a valid dispensation, or provide documentary proof that an application for an endorsement has been submitted to the Administration in accordance with regulation I/10, paragraph 5;
.2 verification that the numbers and certificates of the seafarers serving on board are in conformity with the applicable safe manning requirements of the Administration; and
.3 assessment, in accordance with section A-I/4 of the STCW Code, of the ability of the seafarers of the ship to maintain watchkeeping and security standards, as appropriate, as required by the Convention if there are clear grounds for believing that such standards are not being maintained because any of the following have occurred:
Texto do artigo, página 12: .3.1 the ship has been involved in a collision, grounding or stranding, or
.3.2 there has been a discharge of substances from the ship when under way, at anchor or at berth which is illegal under any international convention, or
.3.3 the ship has been manoeuvred in an erratic or unsafe manner whereby routeing measures adopted by the Organization or safe navigation practices and procedures have not been followed, or
.3.4 the ship is otherwise being operated in such a manner as to pose a danger to persons, property, the environment, or a compromise to security.
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Texto do artigo, página 13: - 9 - STCW/CONF.2/33
Texto do artigo, página 13: 2 Deficiencies which may be deemed to pose a danger to persons, property or the environment include the following:
.1 failure of seafarers to hold a certificate, to have an appropriate certificate, to have a valid dispensation or to provide documentary proof that an application for an endorsement has been submitted to the Administration in accordance with regulation I/10, paragraph 5;
.2 failure to comply with the applicable safe manning requirements of the Administration;
.3 failure of navigational or engineering watch arrangements to conform to the requirements specified for the ship by the Administration;
.4 absence in a watch of a person qualified to operate equipment essential to safe navigation, safety radiocommunications or the prevention of marine pollution; and
.5 inability to provide, for the first watch at the commencement of a voyage and for subsequent relieving watches, persons who are sufficiently rested and otherwise fit for duty.
3 Failure to correct any of the deficiencies referred to in paragraph 2, in so far as it has been determined by the Party carrying out the control that they pose a danger to persons, property or the environment, shall be the only grounds under article X on which a Party may detain a ship.
Texto do artigo, página 13: Regulation I/5 National provisions
Texto do artigo, página 13: 1 Each Party shall establish processes and procedures for the impartial investigation of any reported incompetency, 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 by the holders of certificates or endorsements issued by that Party in connection with their performance of duties related to their certificates and for the withdrawal, suspension and cancellation of such certificates for such cause and for the prevention of fraud.
2 Each Party shall take and enforce appropriate measures to prevent fraud and other unlawful practices involving certificates and endorsements issued.
3 Each Party shall prescribe penalties or disciplinary measures for cases in which the provisions of its national legislation giving effect to the Convention are not complied with in respect of ships entitled to fly its flag or of seafarers duly certificated by that Party.
4 In particular, such penalties or disciplinary measures shall be prescribed and enforced in cases in which:
Texto do artigo, página 13: .1 a company or a master has engaged a person not holding a certificate as required by the Convention;
.2 a master has allowed any function or service in any capacity required by these regulations to be performed by a person holding an appropriate certificate to be
Texto do artigo, página 13: I:\CONF\STCW\2\33.doc
Texto do artigo, página 14: performed by a person not holding the required certificate, a valid dispensation or having the documentary proof required by regulation I/10, paragraph 5; or
Texto do artigo, página 14: .3 a person has obtained by fraud or forged documents an engagement to perform any function or serve in any capacity required by these regulations to be performed or filled by a person holding a certificate or dispensation.
Texto do artigo, página 14: 5 A Party, within whose jurisdiction there is located any company which, or any person who, is believed on clear grounds to have been responsible for, or to have knowledge of, any apparent non-compliance with the Convention specified in paragraph 4, shall extend all co-operation possible to any Party which advises it of its intention to initiate proceedings under its jurisdiction.
Texto do artigo, página 14: Regulation I/6 Training and assessment Each Party shall ensure that:
.1 the training and assessment of seafarers, as required under the Convention, are administered, supervised and monitored in accordance with the provisions of section A-I/6 of the STCW Code; and
.2 those responsible for the training and assessment of competence of seafarers, as required under the Convention, are appropriately qualified in accordance with the provisions of section A-I/6 of the STCW Code for the type and level of training or assessment involved.
Regulation I/7 Communication of information
Texto do artigo, página 14: 1 In addition to the information required to be communicated by article IV, each Party shall provide to the Secretary-General, within the time periods prescribed and in the format specified in section A-I/7 of the STCW Code, such other information as may be required by the Code on other steps taken by the Party to give the Convention full and complete effect.
2 When complete information as prescribed in article IV and section A-I/7 of the STCW Code has been received and such information confirms that full and complete effect is given to the provisions of the Convention, the Secretary-General shall submit a report to this effect to the Maritime Safety Committee.
3 Following subsequent confirmation by the Maritime Safety Committee, in accordance with procedures adopted by the Committee, that the information which has been provided demonstrates that full and complete effect is given to the provisions of the Convention:
Texto do artigo, página 14: .1 the Maritime Safety Committee shall identify the Parties so concerned;
.2 shall review the list of Parties which communicated information that demonstrated that they give full and complete effect to the relevant provisions of the Convention, to retain in this list only the Parties so concerned; and
Texto do artigo, página 14: I:\CONF\STCW\2\33.doc
Texto do artigo, página 15: 12 DE JULHO DE 2018 - 11 - STCW/CONF.2/33 1053
Texto do artigo, página 15: .3 other Parties shall be entitled, subject to the provisions of regulations I/4 and I/10, to accept, in principle, that certificates issued by or on behalf of the Parties identified in paragraph 3.1 are in compliance with the Convention.
Texto do artigo, página 15: 4 Amendments to the Convention and STCW Code, with dates of entry into force later than the date information has been, or will be, communicated to the Secretary-General in accordance with the provisions of paragraph 1, are not subject to the provisions of section A-I/7, paragraphs 1 and 2.
Texto do artigo, página 15: Regulation I/8 Quality standards
1 Each Party shall ensure that:
.1 in accordance with the provisions of section A-I/8 of the STCW Code, all training, assessment of competence, certification, including medical certification, endorsement and revalidation activities carried out by non-governmental agencies or entities under its authority are continuously monitored through a quality standards system to ensure achievement of defined objectives, including those concerning the qualifications and experience of instructors and assessors; and
.2 where governmental agencies or entities perform such activities, there shall be a quality standards system.
2 Each Party shall also ensure that an evaluation is periodically undertaken, in accordance with the provisions of section A-I/8 of the STCW Code, by qualified persons who are not themselves involved in the activities concerned. This evaluation shall include all changes to national regulations and procedures in compliance with the amendments to the Convention and STCW Code, with dates of entry into force later than the date information was communicated to the Secretary-General.
3 A report containing the results of the evaluation required by paragraph 2 shall be communicated to the Secretary-General in accordance with the format specified in section A-I/7 of the STCW Code.
Regulation I/9 Medical standards
Texto do artigo, página 15: 1 Each Party shall establish standards of medical fitness for seafarers and procedures for the issue of a medical certificate in accordance with the provisions of this regulation and of section A-I/9 of the STCW Code.
2 Each Party shall ensure that those responsible for assessing the medical fitness of seafarers are medical practitioners recognized by the Party for the purpose of seafarer medical examinations, in accordance with the provisions of section A-I/9 of the STCW Code.
3 Every seafarer holding a certificate issued under the provisions of the Convention, who is serving at sea, shall also hold a valid medical certificate issued in accordance with the provisions of this regulation and of section A-I/9 of the STCW Code.
Texto do artigo, página 15: I:\CONF\STCW\2\33.doc
Texto do artigo, página 16: 4 Every candidate for certification shall:
.1 be not less than 16 years of age;
.2 provide satisfactory proof of his/her identity; and
.3 meet the applicable medical fitness standards established by the Party.
5 Medical certificates shall remain valid for a maximum period of two years unless the seafarer is under the age of 18, in which case the maximum period of validity shall be one year.
6 If the period of validity of a medical certificate expires in the course of a voyage, then the medical certificate shall continue in force until the next port of call where a medical practitioner recognized by the Party is available, provided that the period shall not exceed three months.
7 In urgent cases the Administration may permit a seafarer to work without a valid medical certificate until the next port of call where a medical practitioner recognized by the Party is available, provided that:
Texto do artigo, página 16: .1 the period of such permission does not exceed three months; and
.2 the seafarer concerned is in possession of an expired medical certificate of recent date.
Texto do artigo, página 16: Regulation I/10 Recognition of certificates
Texto do artigo, página 16: 1 Each Administration shall ensure that the provisions of this regulation are complied with, in order to recognize, by endorsement in accordance with regulation I/2, paragraph 7, a certificate issued by or under the authority of another Party to a master, officer or radio operator and that:
.1 the Administration has confirmed, through an evaluation of that Party, which may include inspection of facilities and procedures, that the requirements of the Convention regarding standards of competence, training and certification and quality standards are fully complied with; and
.2 an undertaking is agreed with 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.
2 Measures shall be established to ensure that seafarers who present, for recognition, certificates issued under the provisions of regulations II/2, III/2 or III/3, or issued under regulation VII/1 at the management level, as defined in the STCW Code, have an appropriate knowledge of the maritime legislation of the Administration relevant to the functions they are permitted to perform.
3 Information provided and measures agreed upon under this regulation shall be communicated to the Secretary-General in conformity with the requirements of regulation I/7.
4 Certificates issued by or under the authority of a non-Party shall not be recognized.
Texto do artigo, página 16: I:\CONF\STCW\2\33.doc
Texto do artigo, página 17: 12 DE JULHO DE 2018 - 13 - STCW/CONF.2/33 1055
Texto do artigo, página 17: 5 Notwithstanding the requirement of regulation I/2, paragraph 7, an Administration may, if circumstances require, subject to the provisions of paragraph 1, allow a seafarer to serve 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.
6 Certificates and endorsements issued by an Administration under the provisions of this regulation in recognition of, or attesting the recognition of, a certificate issued by another Party shall not be used as the basis for further recognition by another Administration.
Texto do artigo, página 17: Regulation I/11 Revalidation of certificates
Texto do artigo, página 17: 1 Every master, officer and radio operator holding a certificate issued or recognized under any chapter of the Convention 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, to:
.1 meet the standards of medical fitness prescribed by regulation I/9; and
.2 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 in paragraph 1 of this regulation and be required, at intervals not exceeding five years, to establish continued professional competence for tankers in accordance with section A-I/11, paragraph 3 of the STCW Code.
4 Each Party shall compare the standards of competence which it required of candidates for certificates issued before 1 January 2017 with those specified for the appropriate certificate in part A of the STCW Code, and shall determine the need for requiring the holders of such certificates to undergo appropriate refresher and updating training or assessment.
5 The Party 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, each 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 ships entitled to fly its flag.
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Texto do artigo, página 18: STCW/CONF.2/33 - 14 -
Texto do artigo, página 18: Regulation I/12 Use of simulators
1 The performance standards and other provisions set forth in section A-I/12 and such other requirements as are prescribed in part A of the STCW Code for any certificate concerned shall be complied with in respect of:
.1 all mandatory simulator-based training;
.2 any assessment of competency required by part A of the STCW Code which is carried out by means of a simulator; and
.3 any demonstration, by means of a simulator, of continued proficiency required by part A of the STCW Code.
Regulation I/13 Conduct of trials
Texto do artigo, página 18: 1 These regulations shall not prevent an Administration from authorizing ships entitled to fly its flag to participate in trials.
2 For the purposes of this regulation, the term trial means an experiment or series of experiments, conducted over a limited period, which may involve the use of automated or integrated systems in order to evaluate alternative methods of performing specific duties or satisfying particular arrangements prescribed by the Convention, which would provide at least the same degree of safety, security and pollution prevention as provided by these regulations.
3 The Administration authorizing ships to participate in trials shall be satisfied that such trials are conducted in a manner that provides at least the same degree of safety, security and pollution prevention as provided by these regulations. Such trials shall be conducted in accordance with guidelines adopted by the Organization.
4 Details of such trials shall be reported to the Organization as early as practicable but not less than six months before the date on which the trials are scheduled to commence. The Organization shall circulate such particulars to all Parties.
5 The results of trials authorized under paragraph 1, and any recommendations the Administration may have regarding those results, shall be reported to the Organization, which shall circulate such results and recommendations to all Parties.
6 Any Party having any objection to particular trials authorized in accordance with this regulation should communicate such objection to the Organization as early as practicable. The Organization shall circulate details of the objection to all Parties.
7 An Administration which has authorized a trial shall respect objections received from other Parties relating to such trial by directing ships entitled to fly its flag not to engage in a trial while navigating in the waters of a coastal State which has communicated its objection to the Organization.
8 An Administration which concludes, on the basis of a trial, that a particular system will provide at least the same degree of safety, security and pollution prevention as provided by these
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Texto do artigo, página 19: - 15 - STCW/CONF.2/33
Texto do artigo, página 19: regulations may authorize ships entitled to fly its flag to continue to operate with such a system indefinitely, subject to the following requirements:
Texto do artigo, página 19: .1 the Administration shall, after results of the trial have been submitted in accordance with paragraph 5, provide details of any such authorization, including identification of the specific ships which may be subject to the authorization, to the Organization, which will circulate this information to all Parties;
.2 any operations authorized under this paragraph shall be conducted in accordance with any guidelines developed by the Organization, to the same extent as they apply during a trial;
.3 such operations shall respect any objections received from other Parties in accordance with paragraph 7, to the extent such objections have not been withdrawn; and
.4 an operation authorized under this paragraph shall only be permitted pending a determination by the Maritime Safety Committee as to whether an amendment to the Convention would be appropriate, and, if so, whether the operation should be suspended or permitted to continue before the amendment enters into force.
Texto do artigo, página 19: 9 At the request of any Party, the Maritime Safety Committee shall establish a date for the consideration of the trial results and for the appropriate determinations.
Texto do artigo, página 19: Regulation I/14 Responsibilities of companies
Texto do artigo, página 19: 1 Each Administration shall, in accordance with the provisions of section A-I/14, hold companies responsible for the assignment of seafarers for service on their ships in accordance with the provisions of the present Convention, and shall require every such company to ensure that:
Texto do artigo, página 19: .1 each seafarer assigned to any of its ships holds an appropriate certificate in accordance with the provisions of the Convention and as established by the Administration;
.2 its ships are manned in compliance with the applicable safe manning requirements of the Administration;
.3 seafarers assigned to any of its ships have received refresher and updating training as required by the Convention;
.4 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 competency in assigned duties;
.5 seafarers, on being assigned to any of its ships, are familiarized with their specific duties and with all ship arrangements, installations, equipment, procedures and ship characteristics that are relevant to their routine or emergency duties;
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Texto do artigo, página 20: STCW/CONF.2/33 - 16 -
Texto do artigo, página 20: .6 the ship’s complement can effectively coordinate their activities in an emergency situation and in performing functions vital to safety, security and to the prevention or mitigation of pollution; and
.7 at all times on board its ships there shall be effective oral communication in accordance with chapter V, regulation 14, paragraphs 3 and 4 of the International Convention for the Safety of Life at Sea, 1974 (SOLAS), as amended.
Texto do artigo, página 20: Regulation I/15 Transitional provisions
Texto do artigo, página 20: 1 Until 1 January 2017, a Party may continue to issue, recognize and endorse certificates in accordance with the provisions of the Convention which applied immediately prior to 1 January 2012 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.
2 Until 1 January 2017, a Party may continue to renew and revalidate certificates and endorsements in accordance with the provisions of the Convention which applied immediately prior to 1 January 2012.
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Texto do artigo, página 21: - 17 - STCW/CONF.2/33
Texto do artigo, página 21: CHAPTER II Master and deck department
Texto do artigo, página 21: 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:
.1 be not less than 18 years of age;
.2 have approved seagoing service of not less than 12 months as part of an approved training programme which includes onboard 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 have approved seagoing service of not less than 36 months;
.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;
.4 meet the applicable requirements of the regulations in chapter IV, as appropriate, for performing designated radio duties in accordance with the Radio Regulations;
.5 have completed approved education and training and meet the standard of competence specified in section A-II/1 of the STCW Code; and
.6 meet the standard of competence specified in section A-VI/1, paragraph 2, section A-VI/2, paragraphs 1 to 4, section A-VI/3, paragraphs 1 to 4 and section A-VI/4, paragraphs 1 to 3 of the STCW Code.
Regulation II/2 Mandatory minimum requirements for certification of masters and chief mates on ships of 500 gross tonnage or more Master and chief mate on ships of 3,000 gross tonnage or more
Texto do artigo, página 21: 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:
Texto do artigo, página 21: .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:
Texto do artigo, página 21: I:\CONF\STCW\2\33.doc
Texto do artigo, página 21: .1.1 for certification as chief mate, not less than 12 months, and
Texto do artigo, página 22: STCW/CONF.2/33 - 18 -
Texto do artigo, página 22: .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
Texto do artigo, página 22: .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.
Texto do artigo, página 22: Master and chief mate on ships of between 500 and 3,000 gross tonnage
Texto do artigo, página 22: 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:
Texto do artigo, página 22: .1 for certification as chief mate, meet the requirements of an officer in charge of a navigational watch on ships of 500 gross tonnage or more;
.2 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
.3 have completed approved training and meet the standard of competence specified in section A-II/2 of the STCW Code for masters and chief mates on ships of between 500 and 3,000 gross tonnage.
Texto do artigo, página 22: 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
Texto do artigo, página 22: Ships not engaged on near-coastal voyages
Texto do artigo, página 22: 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-coastal 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.
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Texto do artigo, página 23: - 19 - STCW/CONF.2/33
Texto do artigo, página 23: 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:
.1 be not less than 18 years of age;
.2 have completed:
.2.1 special training, including an adequate period of appropriate seagoing service as required by the Administration, or
.2.2 approved seagoing service in the deck department of not less than 36 months;
.3 meet the applicable requirements of the regulations in chapter IV, as appropriate, for performing designated radio duties in accordance with the Radio Regulations;
.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
.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 near-coastal voyages shall:
Texto do artigo, página 23: .1 be not less than 20 years of age;
.2 have approved seagoing service of not less than 12 months as officer in charge of a navigational watch;
.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
.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.
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Texto do artigo, página 24: STCW/CONF.2/33 - 20 -
Texto do artigo, página 24: Exemptions
Texto do artigo, página 24: 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.
Texto do artigo, página 24: Regulation II/4 Mandatory minimum requirements for certification of ratings forming part of a navigational watch*
1 Every rating forming part of a navigational watch on a seagoing ship of 500 gross tonnage or more, other than ratings under training and ratings whose duties while on watch are of an unskilled nature, shall be duly certificated to perform such duties.
2 Every candidate for certification shall:
.1 be not less than 16 years of age;
.2 have completed:
.2.1 approved seagoing service including not less than six months of training and experience, or
.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
.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 subparagraphs 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
Texto do artigo, página 24: 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:
Texto do artigo, página 24: .1 be not less than 18 years of age;
.2 meet the requirements for certification as a rating forming part of a navigational watch;
Texto do artigo, página 24: * These requirements are not those for certification of Able Seamen as contained in the ILO Certification of Able Seamen Convention, 1946, or any subsequent convention.
Texto do artigo, página 24: I:\CONF\STCW\2\33.doc
Texto do artigo, página 25: - 21 - STCW/CONF.2/33
Texto do artigo, página 25: .3 while qualified to serve as a rating forming part of a navigational watch, have approved seagoing service in the deck department of:
.3.1 not less than 18 months, or
.3.2 not less than 12 months and have completed approved training; and
.4 meet the standard of competence specified in section A-II/5 of the STCW Code.
Texto do artigo, página 25: 3 Every Party 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 2012, a Party which is also a Party to the International Labour Organization Certification of Able Seamen Convention, 1946 (No. 74) may continue to issue, recognize and endorse certificates in accordance with the provisions of the aforesaid convention.
5 Until 1 January 2017, a Party which is also a Party to the International Labour Organization 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.
6 Seafarers may be considered by the Party 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 this regulation for that Party.
Texto do artigo, página 25: I:\CONF\STCW\2\33.doc
Texto do artigo, página 26: CHAPTER III Engine department
Texto do artigo, página 26: 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:
.1 be not less than 18 years of age;
.2 have completed combined workshop skills training and an approved seagoing service of not less than 12 months as part of an approved training programme which includes onboard training that 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 skills training and an approved seagoing service of not less than 36 months of which not less than 30 months shall be seagoing service in the engine department;
.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;
.4 have completed approved education and training and meet the standard of competence specified in section A-III/1 of the STCW Code; and
.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.
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
Texto do artigo, página 26: 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:
Texto do artigo, página 26: .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:
Texto do artigo, página 26: I:\CONF\STCW\2\33.doc
Texto do artigo, página 27: 12 DE JULHO DE 2018 - 23 - STCW/CONF.2/33 1065
Texto do artigo, página 27: .1.1 for certification as second engineer officer, have not less than 12 months as qualified engineer officer, and
.1.2 for certification as chief engineer officer, have not less than 36 months: however, this period may be reduced to not less than 24 months if not less than 12 months of such seagoing service has been served as second engineer officer; and
Texto do artigo, página 27: .2 have completed approved education and training and meet the standard of competence specified in section A-III/2 of the STCW Code.
Texto do artigo, página 27: 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 kW and 3,000 kW propulsion power shall hold a certificate of competency.
2 Every candidate for certification shall:
.1 meet the requirements for certification as an officer in charge of an engineering watch and:
.1.1 for certification as second engineer officer, have not less than 12 months of approved seagoing service as assistant engineer officer or engineer officer, and
.1.2 for certification as chief engineer officer, have not less than 24 months of approved seagoing service of which not less than 12 months shall be served while qualified to serve as second engineer officer; and
.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 the certificate is so endorsed.
Regulation III/4 Mandatory minimum requirements for certification of ratings forming part of a watch in a manned engine-room or designated to perform duties in a periodically unmanned engine-room
Texto do artigo, página 27: 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.
Texto do artigo, página 27: I:\CONF\STCW\2\33.doc
Texto do artigo, página 28: STCW/CONF.2/33 - 24 -
Texto do artigo, página 28: 2 Every candidate for certification shall:
.1 be not less than 16 years of age;
.2 have completed:
.2.1 approved seagoing service including not less than six months of training and experience, or
.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
.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 subparagraphs 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.
Texto do artigo, página 28: 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
Texto do artigo, página 28: 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:
.1 be not less than 18 years of age;
.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;
.3 while qualified to serve as a rating forming part of an engineering watch, have approved seagoing service in the engine department of:
.3.1 not less than 12 months, or
.3.2 not less than 6 months and have completed approved training; and
.4 meet the standard of competence specified in section A-III/5 of the STCW Code.
3 Every Party shall compare the standard 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 Party 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
Texto do artigo, página 28: I:\CONF\STCW\2\33.doc
Texto do artigo, página 29: - 25 - STCW/CONF.2/33
Texto do artigo, página 29: than 12 months within the last 60 months preceding the entry into force of this regulation for that Party.
Texto do artigo, página 29: 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:
.1 be not less than 18 years of age;
.2 have completed not less than 12 months of combined workshop skills training and approved seagoing service of which not less than 6 months shall 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 shall be seagoing service in the engine department;
.3 have completed approved education and training and meet the standard of competence specified in section A-III/6 of the STCW Code; and
.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.
3 Every Party shall compare the standard 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 Party 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 regulation for that Party and meet the standard of competence specified in section A-III/6 of the STCW Code.
5 Notwithstanding the above requirements of paragraph 1 to 4, a suitably qualified person may be considered by a Party to be able to perform certain functions of section A-III/6.
Regulation III/7 Mandatory minimum requirements for certification of electro-technical ratings
Texto do artigo, página 29: 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.
Texto do artigo, página 29: I:\CONF\STCW\2\33.doc
Texto do artigo, página 30: 2 Every candidate for certification shall:
.1 be not less than 18 years of age;
.2 have:
.2.1 completed approved seagoing service including not less than 12 months training and experience, or
.2.2 completed approved training, including an approved period of seagoing service which shall not be less than 6 months, or
.2.3 qualifications that meet the technical competences in table A-III/7 and an approved period of seagoing service, which shall not be less than 3 months; and
.3 meet the standard of competence specified in section A-III/7 of the STCW Code.
3 Every Party shall compare the standard 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 Party 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 regulation for that Party 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 Party to be able to perform certain functions of section A-III/7.
Texto do artigo, página 30: I:\CONF\STCW\2\33.doc
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Texto do artigo, página 31: CHAPTER IV Radiocommunication and radio operators Explanatory note
Texto do artigo, página 31: Mandatory provisions relating to radio watchkeeping are set forth in the Radio Regulations and in the International Convention for the Safety of Life at Sea, 1974, as amended. Provisions for radio maintenance are set forth in the International Convention for the Safety of Life at Sea, 1974 (SOLAS), as amended, and the guidelines adopted by the Organization*.
Texto do artigo, página 31: Regulation IV/1 Application
Texto do artigo, página 31: 1 Except as provided in paragraph 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 International Convention for the Safety of Life at Sea, 1974, 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 the provisions of this chapter. Radio operators on these ships are, nevertheless, required to comply with the Radio Regulations. The Administration shall ensure that the appropriate certificates as prescribed by the Radio Regulations are issued to or recognized in respect of such radio operators.
Texto do artigo, página 31: Regulation IV/2 Mandatory minimum requirements for certification of GMDSS radio operators
Texto do artigo, página 31: 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 recognized by the Administration under the provisions of the Radio Regulations.
2 In addition, every candidate for certification of competency under this regulation for service on a ship, which is required by the International Convention for the Safety of Life at Sea, 1974, as amended, to have a radio installation, shall:
Texto do artigo, página 31: .1 be not less than 18 years of age; and
.2 have completed approved education and training and meet the standard of competence specified in section A-IV/2 of the STCW Code.
Texto do artigo, página 31: * Refer to the Radio Maintenance Guidelines for the Global Maritime Distress and Safety System (GMDSS) Related to Sea Areas A3 and A4 adopted by the Organization by resolution A.702(17), as amended.
Texto do artigo, página 31: I:\CONF\STCW\2\33.doc
Texto do artigo, página 32: STCW/CONF.2/33 - 28 -
Texto do artigo, página 32: CHAPTER V Special training requirements for personnel on certain types of ships
Texto do artigo, página 32: Regulation V/1-1 Mandatory minimum requirements for the training and qualifications of masters, officers and ratings on oil and chemical tankers
Texto do artigo, página 32: 1 Officers and ratings assigned specific duties and responsibilities related to cargo or cargo equipment on oil or chemical tankers shall hold a certificate in basic training for oil and chemical tanker cargo operations.
2 Every candidate for a certificate in basic training for oil and chemical tanker cargo operations shall have completed basic training in accordance with provisions of section A-VI/1 of the STCW Code and shall have completed:
.1 at least three months of approved seagoing service on oil or chemical tankers and meet the standard of competence specified in section A-V/1-1, paragraph 1 of the STCW Code; or
.2 an approved basic training for oil and chemical tanker cargo operations and meet the standard of competence specified in section A-V/1-1, paragraph 1 of the STCW Code.
3 Masters, chief engineer officers, chief mates, second engineer officers and any person with immediate responsibility for loading, discharging, care in transit, handling of cargo, tank cleaning or other cargo-related operations on oil tankers shall hold a certificate in advanced training for oil tanker cargo operations.
4 Every candidate for a certificate in advanced training for oil tanker cargo operations shall:
.1 meet the requirements for certification in basic training for oil and chemical tanker cargo operations; and
.2 while qualified for certification in basic training for oil and chemical tanker cargo operations, have:
.2.1 at least three months of approved seagoing service on oil tankers, or
.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; and
.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
Texto do artigo, página 32: I:\CONF\STCW\2\33.doc
Texto do artigo, página 33: - 29 - STCW/CONF.2/33
Texto do artigo, página 33: cleaning or other cargo-related operations on chemical tankers shall hold a certificate in advanced training for chemical tanker cargo operations.
Texto do artigo, página 33: 6 Every candidate for a certificate in advanced training for chemical tanker cargo operations shall:
.1 meet the requirements for certification in basic training for oil and chemical tanker cargo operations; and
.2 while qualified for certification in basic training for oil and chemical tanker cargo operations, have:
.2.1 at least three months of approved seagoing service on chemical tankers, or
.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; and
.3 have completed approved advanced training for chemical tanker cargo operations and meet the standard of competence specified in section A-V/1-1, paragraph 3 of the STCW Code.
7 Administrations shall ensure that a certificate of proficiency is issued to seafarers, who are qualified in accordance with paragraphs 2, 4 or 6 as appropriate, or that an existing certificate of competency or certificate of proficiency is duly endorsed.
Texto do artigo, página 33: Regulation V/1-2 Mandatory minimum requirements for the training and qualifications of masters, officers and ratings on liquefied gas tankers
Texto do artigo, página 33: 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:
Texto do artigo, página 33: .1 at least three months of approved seagoing service on liquefied gas tankers and meet the standard of competence specified in section A-V/1-2, paragraph 1 of the STCW Code; or
.2 an approved basic training for liquefied gas tanker cargo operations and meet the standard of competence specified in section A-V/1-2, paragraph 1 of the STCW Code.
Texto do artigo, página 34: STCW/CONF.2/33 - 30 -
Texto do artigo, página 34: 3 Masters, chief engineer officers, chief mates, second engineer officers and any person with immediate responsibility for loading, discharging, care in transit, handling of cargo, tank cleaning or other cargo-related operations on liquefied gas tankers shall hold a certificate in advanced training for liquefied gas tanker cargo operations.
4 Every candidate for a certificate in advanced training for liquefied gas tanker cargo operations shall:
.1 meet the requirements for certification in basic training for liquefied gas tanker cargo operations; and
.2 while qualified for certification in basic training for liquefied gas tanker cargo operations, have:
.2.1 at least three months of approved seagoing service on liquefied gas tankers, or
.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; and
.3 have completed approved advanced training for liquefied gas tanker cargo operations and meet the standard of competence specified in section A-V/1-2, paragraph 2 of the STCW Code.
5 Administrations shall ensure that a certificate of proficiency is issued to seafarers, who are qualified in accordance with paragraphs 2 or 4 as appropriate, or that an existing certificate of competency or certificate of proficiency is duly endorsed.
Texto do artigo, página 34: Regulation V/2 Mandatory minimum requirements for the training and qualifications of masters, officers, ratings and other personnel on passenger ships
Texto do artigo, página 34: 1 This regulation applies to masters, officers, ratings and other personnel serving on board passenger ships engaged on international voyages. Administrations 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 capacity, duties and responsibilities.
3 Seafarers who are required to be trained in accordance with paragraphs 4, 6 and 7 below 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.
Texto do artigo, página 35: - 31 - STCW/CONF.2/33
Texto do artigo, página 35: 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 engineer officers, chief mates, 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 Administrations 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.
Texto do artigo, página 35: I:\CONF\STCW\2\33.doc
Texto do artigo, página 36: STCW/CONF.2/33 - 32 -
Texto do artigo, página 36: CHAPTER VI Emergency, occupational safety, security, medical care and survival functions
Texto do artigo, página 36: Regulation VI/1 Mandatory minimum requirements for safety familiarization, basic training and instruction for all seafarers
1 Seafarers shall receive safety familiarization and basic training or instruction in accordance with section A-VI/1 of the STCW Code and shall meet the appropriate standard of competence specified therein.
2 Where basic training is not included in the qualification for the certificate to be issued, a certificate of proficiency shall be issued, indicating that the holder has attended the course in basic training.
Regulation VI/2 Mandatory minimum requirements for the issue of certificates of proficiency in survival craft, rescue boats and fast rescue boats
1 Every candidate for a certificate of proficiency in survival craft and rescue boats other than fast rescue boats shall:
.1 be not less than 18 years of age;
.2 have approved seagoing service of not less than 12 months or have attended an approved training course and have approved seagoing service of not less than six months; and
.3 meet the standard of competence for certificates of proficiency in survival craft and rescue boats, set out in section A-VI/2, paragraphs 1 to 4 of the STCW Code.
2 Every candidate for a certificate of proficiency in fast rescue boats shall:
.1 be the holder of a certificate of proficiency in survival craft and rescue boats other than fast rescue boats;
.2 have attended an approved training course; and
.3 meet the standard of competence for certificates of proficiency in fast rescue boats, set out in section A-VI/2, paragraphs 7 to 10 of the STCW Code.
Regulation VI/3 Mandatory minimum requirements for training in advanced fire fighting
Texto do artigo, página 36: 1 Seafarers designated to control fire-fighting operations shall have successfully completed advanced training in techniques for fighting fire, with particular emphasis on organization, 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.
Texto do artigo, página 36: I:\CONF\STCW\2\33.doc
Texto do artigo, página 37: - 33 - STCW/CONF.2/33
Texto do artigo, página 37: 2 Where training in advanced fire fighting is not included in the qualifications for the certificate to be issued, a certificate of proficiency shall be issued indicating that the holder has attended a course of training in advanced fire fighting.
Texto do artigo, página 37: 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 to 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 to 6 of the STCW Code.
3 Where training in medical first aid or medical care is not included in the qualifications for the certificate to be issued, a certificate of proficiency shall be issued indicating that the holder has attended a course of training in medical first aid or in medical care.
Regulation VI/5 Mandatory minimum requirements for the issue of certificates of proficiency for ship security officers
1 Every candidate for a certificate of proficiency as ship security officer shall:
.1 have approved seagoing service of not less than 12 months or appropriate seagoing service and knowledge of ship operations; and
.2 meet the standard of competence for certification of proficiency as ship security officer, set out in section A-VI/5, paragraphs 1 to 4 of the STCW Code.
2 Administrations 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
Texto do artigo, página 37: 1 Seafarers shall receive security-related familiarization 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 Every Party 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 regulation 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.
Texto do artigo, página 37: I:\CONF\STCW\2\33.doc
Texto do artigo, página 38: STCW/CONF.2/33 - 34 -
Texto do artigo, página 38: Seafarers with designated security duties
Texto do artigo, página 38: 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 Party 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 regulation 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.
Texto do artigo, página 38: I:\CONF\STCW\2\33.doc
Texto do artigo, página 39: - 35 - STCW/CONF.2/33
Texto do artigo, página 39: CHAPTER VII Alternative certification
Texto do artigo, página 39: Regulation VII/1 Issue of alternative certificates
1 Notwithstanding the requirements for certification laid down in chapters II and III of this annex, Parties may elect to issue or authorize the issue of certificates other than those mentioned in the regulations of those chapters, provided that:
.1 the associated functions and levels of responsibility to be stated on the certificates and in the endorsements are selected from and identical to those appearing in sections A-II/1, A-II/2, A-II/3, A-II/4, A-II/5, A-III/1, A-III/2, A-III/3, A-III/4, A-III/5 and A-IV/2 of the STCW Code;
.2 the candidates have completed approved education and training and meet the requirements for standards of competence, prescribed in the relevant sections of the STCW Code and as set forth in section A-VII/1 of this Code, for the functions and levels that are to be stated in the certificates and in the endorsements;
.3 the candidates have completed approved seagoing service appropriate to the performance of the functions and levels that are to be stated on the certificate. The minimum duration of seagoing service shall be equivalent to the duration of seagoing service prescribed in chapters II and III of this annex. However, the minimum duration of seagoing service shall be not less than as prescribed in section A-VII/2 of the STCW Code;
.4 the candidates for certification who are to perform the function of navigation at the operational level shall meet the applicable requirements of the regulations in chapter IV, as appropriate, for performing designated radio duties in accordance with the Radio Regulations; and
.5 the certificates are issued in accordance with the requirements of regulation I/2 and the provisions set forth in chapter VII of the STCW Code.
2 No certificate shall be issued under this chapter unless the Party has communicated information to the Organization in accordance with article IV and regulation I/7.
Regulation VII/2 Certification of seafarers
Texto do artigo, página 39: 1 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, 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.
Texto do artigo, página 40: Regulation VII/3 Principles governing the issue of alternative certificates
Texto do artigo, página 40: 1 Any Party which elects to issue or authorize the issue of alternative certificates shall ensure that the following principles are observed:
.1 no alternative certification system shall be implemented unless it ensures a degree of safety at sea and has a preventive effect as regards pollution at least equivalent to that provided by the other chapters; and
.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:
.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 organization; and
.2 seafarers are not trained for specific shipboard arrangements in such a way as would impair their ability to take their skills elsewhere.
3 In issuing any certificate under the provisions of this chapter, the following principles shall be taken into account:
.1 the issue of alternative certificates shall not be used in itself:
.1.1 to reduce the number of crew on board,
.1.2 to lower the integrity of the profession or “de-skill” seafarers, or
.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
.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.
Texto do artigo, página 41: 12 DE JULHO DE 2018 - 37 - STCW/CONF.2/33 1079
Texto do artigo, página 41: CHAPTER VIII Watchkeeping
Texto do artigo, página 41: Regulation VIII/1 Fitness for duty
1 Each Administration shall, for the purpose of preventing fatigue:
.1 establish and enforce rest periods for watchkeeping personnel and those whose duties involve designated safety, security and prevention of pollution duties in accordance with the provisions of section A-VIII/1 of the STCW Code; and
.2 require that watch systems are so arranged that the efficiency of all watchkeeping personnel is not impaired by fatigue and that duties are so organized that the first watch at the commencement of a voyage and subsequent relieving watches are sufficiently rested and otherwise fit for duty.
2 Each Administration shall, for the purpose of preventing drug and alcohol abuse, ensure that adequate measures are established in accordance with the provisions of section A-VIII/1 while taking into account the guidance given in section B-VIII/1 of the STCW Code.
Regulation VIII/2 Watchkeeping arrangements and principles to be observed
Texto do artigo, página 41: 1 Administrations shall direct the attention of companies, masters, chief engineer officers and all watchkeeping personnel to the requirements, principles and guidance set out in the STCW Code which shall be observed to ensure that a safe continuous watch or watches appropriate to the prevailing circumstances and conditions are maintained on all seagoing ships at all times.
2 Administrations shall require the master of every ship to ensure that watchkeeping arrangements are adequate for maintaining a safe watch or watches, taking into account the prevailing circumstances and conditions and that, under the master’s general direction:
Texto do artigo, página 41: .1 officers in charge of the navigational watch are responsible for navigating the ship safely during their periods of duty, when they shall be physically present on the navigating bridge or in a directly associated location such as the chartroom or bridge control room at all times;
.2 radio operators are responsible for maintaining a continuous radio watch on appropriate frequencies during their periods of duty;
.3 officers in charge of an engineering watch, as defined in the STCW Code, under the direction of the chief engineer officer, shall be immediately available and on call to attend the machinery spaces and, when required, shall be physically present in the machinery space during their periods of responsibility;
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Texto do artigo, página 42: E
Texto do artigo, página 42: STCW/CONF.2/33 - 38 -
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.4 an appropriate and effective watch or watches are maintained for the purpose of safety at all times, while the ship is at anchor or moored and, if the ship is carrying hazardous cargo, the organization of such watch or watches takes full account of the nature, quantity, packing and stowage of the hazardous cargo and of any special conditions prevailing on board, afloat or ashore; and
.5 as applicable, an appropriate and effective watch or watches are maintained for the purposes of security.”
____________
I:\CONF\STCW\2\34.doc
Texto do artigo, página 42: CONFERENCE OF PARTIES TO THE INTERNATIONAL CONVENTION ON STANDARDS OF TRAINING, CERTIFICATION AND WATCHKEEPING FOR SEAFARERS, 1978 Agenda item 10
Texto do artigo, página 42: STCW/CONF.2/34
Texto do artigo, página 42: 3 August 2010 Original: ENGLISH
Texto do artigo, página 42: ADOPTION OF THE FINAL ACT AND ANY INSTRUMENTS, RESOLUTIONS AND RECOMMENDATIONS RESULTING FROM THE WORK OF THE CONFERENCE
Texto do artigo, página 42: Attachment 2 to the Final Act of the Conference Resolution 2 The Manila Amendments to the Seafarers’ Training, Certification and Watchkeeping (STCW) Code Text adopted by the Conference THE 2010 MANILA CONFERENCE,
Texto do artigo, página 42: HAVING ADOPTED resolution 1 on Adoption of the Manila amendments to the annex to the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STCW), 1978,
Texto do artigo, página 42: RECOGNIZING the importance of establishing detailed mandatory standards of competence and other mandatory provisions necessary to ensure that all seafarers shall be properly educated and trained, adequately experienced, skilled and competent to perform their duties in a manner which provides for the safety of life, property and security at sea and the protection of the marine environment,
Texto do artigo, página 42: ALSO RECOGNIZING the need to allow for the timely amendment of such mandatory standards and provisions in order to effectively respond to changes in technology, operations, practices and procedures used on board ships,
Texto do artigo, página 42: RECALLING that a large percentage of maritime casualties and pollution incidents are caused by human error,
Texto do artigo, página 42: APPRECIATING that one effective means of reducing the risks associated with human error in the operation of seagoing ships is to ensure that the highest practicable standards of training, certification and competence are maintained in respect of the seafarers who are or will be employed on such ships,
Texto do artigo, página 42: DESIRING to achieve and maintain the highest practicable standards for the safety of life, property and security at sea and in port and for the protection of the environment,
Texto do artigo, página 42: HAVING CONSIDERED amendments to the Seafarers’ Training, Certification and Watchkeeping (STCW) Code, comprised in part A – Mandatory standards regarding provisions
Texto do artigo, página 43: 12STCW/CONF.2/34DE JULHO DE 2018 - 2 - 1081
Texto do artigo, página 43: of the annex to the 1978 STCW Convention, as amended, and part B – Recommended guidance regarding provisions of the 1978 STCW Convention, as amended, proposed and circulated to all Members of the Organization and all Parties to the Convention,
Texto do artigo, página 43: NOTING that regulation I/1, paragraph 2, of the annex to the 1978 STCW Convention provides that amendments to part A of the STCW Code shall be adopted, brought into force and take effect in accordance with the provisions of article XII of the Convention concerning the amendment procedure applicable to the annex,
Texto do artigo, página 43: HAVING CONSIDERED amendments to the STCW Code proposed and circulated to the Members of the Organization and to all Parties to the Convention,
Número ou marcador, página 43: 1. ADOPTS amendments to the Seafarers’ Training, Certification and Watchkeeping (STCW) Code, set out in annex to the present resolution;
Número ou marcador, página 43: 2. DETERMINES, in accordance with article XII(1)(a)(vii) of the Convention, that the amendments to part A of the STCW Code shall be deemed to have been accepted on 1 July 2011, unless, prior to that date, more than one third of Parties or Parties the combined merchant fleets of which constitute not less than 50% of the gross tonnage of the world’s merchant shipping of ships of 100 gross register tons or more have notified the Secretary-General that they object to the amendments;
Número ou marcador, página 43: 3. INVITES Parties to note that, in accordance with article XII(1)(a)(ix) of the Convention, the amendments to part A of the STCW Code annexed hereto shall enter into force on 1 January 2012 upon being deemed to have been accepted in accordance with paragraph 2 above;
Número ou marcador, página 43: 4. RECOMMENDS that the guidance contained in part B of the STCW Code, as amended, should be taken into account by all Parties to the 1978 STCW Convention as from the date of entry into force of the amendments to part A of the STCW Code;
Número ou marcador, página 43: 5. REQUESTS the Maritime Safety Committee to keep the STCW Code under review and amend it, as appropriate;
Número ou marcador, página 43: 6. ALSO REQUESTS the Secretary-General of the Organization to transmit certified copies of the present resolution and the text of amendments to the STCW Code contained in the annex to all Parties to the Convention;
Número ou marcador, página 43: 7. FURTHER REQUESTS the Secretary-General to transmit copies of this resolution and its annex to all Members of the Organization which are not Parties to the Convention.
Texto do artigo, página 43: * * *
Texto do artigo, página 43: I:\CONF\STCW\2\34.doc
Texto do artigo, página 44: - 3 - STCW/CONF.2/34
Texto do artigo, página 44: ANNEX THE MANILA AMENDMENTS TO THE SEAFARERS’ TRAINING, CERTIFICATION AND WATCHKEEPING (STCW) CODE
Texto do artigo, página 44: 1 The part A of the Seafarers’ Training, Certification and Watchkeeping (STCW) Code is replaced by the following:
Texto do artigo, página 44: “PART A Mandatory standards regarding provisions of the annex to the STCW Convention Introduction
Texto do artigo, página 44: 1 This part of the STCW Code contains mandatory provisions to which specific reference is made in the annex to the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, as amended, hereinafter referred to as the STCW Convention. These provisions give in detail the minimum standards required to be maintained by Parties in order to give full and complete effect to the Convention.
2 Also contained in this part are 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 Radiocommunications
at the following levels of responsibility:
.1 Management level
.2 Operational level
.3 Support level
Functions and levels of responsibility are identified by subtitle in the tables of standards of competence given in chapters II, III and IV of this part. The scope of the function at the level of responsibility stated in a subtitle is defined by the abilities listed under it in column 1 of the table. The meaning of “function” and “level of responsibility” is defined in general terms in section A-I/1 below.
3 The numbering of the sections of this part corresponds with the numbering of the regulations contained in the annex to the STCW Convention. The text of the sections may be divided into numbered parts and paragraphs, but such numbering is unique to that text alone.
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Texto do artigo, página 45: 12STCW/CONF.2/34DE JULHO DE 2018 - 4 - 1083
Texto do artigo, página 45: CHAPTER I Standards regarding general provisions
Texto do artigo, página 45: Section A-I/1 Definitions and clarifications
Texto do artigo, página 45: 1 The definitions and clarifications contained in article II and regulation I/1 apply equally to the terms used in parts A and B of this Code. In addition, the following supplementary definitions apply only to this Code:
Texto do artigo, página 45: .1 Standard of competence means the level of proficiency to be achieved for the proper performance of functions on board ship in accordance with the internationally agreed criteria as set forth herein and incorporating prescribed standards or levels of knowledge, understanding and demonstrated skill;
.2 Management level means the level of responsibility associated with:
.2.1 serving as master, chief mate, chief engineer officer or second engineer officer on board a seagoing ship, and
.2.2 ensuring that all functions within the designated area of responsibility are properly performed;
.3 Operational level means the level of responsibility associated with:
.3.1 serving as officer in charge of a navigational or engineering watch or as designated duty engineer for periodically unmanned machinery spaces or as radio operator on board a seagoing ship, and
.3.2 maintaining direct control over the performance of all functions within the designated area of responsibility in accordance with proper procedures and under the direction of an individual serving in the management level for that area of responsibility;
.4 Support level means the level of responsibility associated with performing assigned tasks, duties or responsibilities on board a seagoing ship under the direction of an individual serving in the operational or management level;
.5 Evaluation criteria are the entries appearing in column 4 of the “Specification of Minimum Standard of Competence” tables in part A and provide the means for an assessor to judge whether or not a candidate can perform the related tasks, duties and responsibilities; and
.6 Independent evaluation means an evaluation by suitably qualified persons, independent of, or external to, the unit or activity being evaluated, to verify that the administrative and operational procedures at all levels are managed, organized, undertaken and monitored internally in order to ensure their fitness for purpose and achievement of stated objectives.
Texto do artigo, página 45: I:\CONF\STCW\2\34.doc
Texto do artigo, página 46: 1084 - 5 - STCW/CONF.2/34I SÉRIE — NÚMERO 136
Texto do artigo, página 46: Section A-I/2 Certificates and endorsements
Texto do artigo, página 46: 1 Where, as provided in regulation I/2, paragraph 6, the endorsement required by article VI of the Convention is incorporated in the wording of the certificate itself, the certificate shall be issued in the format shown hereunder, provided that the words “or until the date of expiry of any extension of the validity of this certificate as may be shown overleaf” appearing on the front of the form and the provisions for recording extension of the validity appearing on the back of the form shall be omitted where the certificate is required to be replaced upon its expiry. Guidance on completion of the form is contained in section B-I/2 of this Code.
Texto do artigo, página 47: 12STCW/CONF.2/34DE JULHO DE 2018 - 6 - 1085
Texto do artigo, página 47: (Official Seal)
Texto do artigo, página 47: (COUNTRY) CERTIFICATE ISSUED UNDER THE PROVISIONS OF THE INTERNATIONAL CONVENTION ON STANDARDS OF TRAINING, CERTIFICATION AND WATCHKEEPING FOR SEAFARERS, 1978, AS AMENDED
Texto do artigo, página 47: The Government of ……………………………….. certifies that ................................................................ has been found duly qualified in accordance with the provisions of regulation ………………… of the above Convention, as amended, and has been found competent to perform the following functions, at the levels specified, subject to any limitations indicated until ……………………… or until the date of expiry of any extension of the validity of this certificate as may be shown overleaf:
Texto do artigo, página 47: FUNCTION
LEVEL
LIMITATIONS APPLYING (IF ANY)
FUNCTION
LEVEL
LIMITATIONS APPLYING (IF ANY)
Texto do artigo, página 47: The lawful holder of this certificate may serve in the following capacity or capacities specified in the applicable safe manning requirements of the Administration:
Texto do artigo, página 47: CAPACITY
LIMITATIONS APPLYING (IF ANY)
CAPACITY
LIMITATIONS APPLYING (IF ANY)
Texto do artigo, página 47: Certificate No. .......................................................... issued on .................................................................... (Official Seal) ....................................................................................
Texto do artigo, página 47: Signature of duly authorized official
Texto do artigo, página 47: .................................................................................... Name of duly authorized official
Texto do artigo, página 47: The original of this certificate must be kept available in accordance with regulation I/2, paragraph 11 of the Convention while its holder is serving on a ship.
Texto do artigo, página 47: Date of birth of the holder of the certificate ................................................................................................... Signature of the holder of the certificate ........................................................................................................ Photograph of the holder of the certificate
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Texto do artigo, página 48: 1086 - 7 - STCW/CONF.2/34I SÉRIE — NÚMERO 136
Texto do artigo, página 48: The validity of this certificate is hereby extended until .................................................................................
(Official Seal)
Date of revalidation .................................................
.............................................................................. …. Signature of duly authorized official
................................................................................... Name of duly authorized official
The validity of this certificate is hereby extended until .................................................................................
(Official Seal)
Date of revalidation .................................................
................................................................................... Signature of the authorized official
................................................................................... Name of duly authorized official
The validity of this certificate is hereby extended until .................................................................................
(Official Seal)
Date of revalidation .................................................
.............................................................................. …. Signature of duly authorized official
................................................................................... Name of duly authorized official
The validity of this certificate is hereby extended until .................................................................................
(Official Seal)
Date of revalidation .................................................
................................................................................... Signature of the authorized official
................................................................................... Name of duly authorized official
Texto do artigo, página 48: 2 Except as provided in paragraph 1, the form used to attest the issue of a certificate shall be as shown hereunder, provided that the words “or until the date of expiry of any extension of the validity of this endorsement as may be shown overleaf” appearing on the front of the form and the provisions for recording extension of the validity appearing on the back of the form shall be omitted where the endorsement is required to be replaced upon its expiry. Guidance on completion of the form is contained in section B-I/2 of this Code.
Texto do artigo, página 49: 12STCW/CONF.2/34DE JULHO DE 2018 - 8 - 1087
Texto do artigo, página 49: (Official Seal)
Texto do artigo, página 49: (COUNTRY) ENDORSEMENT ATTESTING THE ISSUE OF A CERTIFICATE UNDER THE PROVISIONS OF THE INTERNATIONAL CONVENTION ON STANDARDS OF TRAINING, CERTIFICATION AND WATCHKEEPING FOR SEAFARERS, 1978, AS AMENDED
Texto do artigo, página 49: The Government of ………...………………… certifies that certificate No. ……..… has been issued to …………………………………….. who has been found duly qualified in accordance with the provisions of regulation ……………………………. of the above Convention, as amended, and has been found competent to perform the following functions, at the levels specified, subject to any limitations indicated until ………………………. or until the date of expiry of any extension of the validity of this endorsement as may be shown overleaf:
Texto do artigo, página 49: FUNCTION
LEVEL
LIMITATIONS APPLYING (IF ANY)
FUNCTION
LEVEL
LIMITATIONS APPLYING (IF ANY)
Texto do artigo, página 49: The lawful holder of this endorsement may serve in the following capacity or capacities specified in the applicable safe manning requirements of the Administration:
Texto do artigo, página 49: CAPACITY
LIMITATIONS APPLYING (IF ANY)
CAPACITY
LIMITATIONS APPLYING (IF ANY)
Texto do artigo, página 49: Endorsement No. ...................................................... issued on .................................................................... (Official Seal) ....................................................................................
Texto do artigo, página 49: Signature of duly authorized official
Texto do artigo, página 49: .................................................................................... Name of duly authorized official
Texto do artigo, página 49: The original of this endorsement must be kept available in accordance with regulation I/2, paragraph 11 of the Convention while its holder is serving on a ship.
Texto do artigo, página 49: Date of birth of the holder of the certificate ................................................................................................... Signature of the holder of the certificate ........................................................................................................ Photograph of the holder of the certificate
Texto do artigo, página 50: 1088 - 9 - STCW/CONF.2/34I SÉRIE — NÚMERO 136
Texto do artigo, página 50: The validity of this endorsement is hereby extended until ............................................................................
(Official Seal)
Date of revalidation .................................................
.............................................................................. …. Signature of duly authorized official
................................................................................... Name of duly authorized official
The validity of this endorsement is hereby extended until ............................................................................
(Official Seal)
Date of revalidation .................................................
................................................................................... Signature of the authorized official
................................................................................... Name of duly authorized official
The validity of this endorsement is hereby extended until ............................................................................
(Official Seal)
Date of revalidation .................................................
.............................................................................. …. Signature of duly authorized official
................................................................................... Name of duly authorized official
The validity of this endorsement is hereby extended until ............................................................................
(Official Seal)
Date of revalidation .................................................
................................................................................... Signature of the authorized official
................................................................................... Name of duly authorized official
Texto do artigo, página 50: 3 The form used to attest the recognition of a certificate shall be as shown hereunder, except that the words “or until the date of expiry of any extension of the validity of this endorsement as may be shown overleaf” appearing on the front of the form and the provisions for recording extension of the validity appearing on the back of the form shall be omitted where the endorsement is required to be replaced upon its expiry. Guidance on completion of the form is contained in section B-I/2 of this Code.
Texto do artigo, página 50: I:\CONF\STCW\2\34.DOC
Texto do artigo, página 51: 12STCW/CONF.2/34DE JULHO DE 2018 - 10 - 1089