HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"L 343/78
EN
Official Journal of the European Union
14.12.2012
DIRECTIVE 2012/35/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 21 November 2012
amending Directive 2008/106/EC on the minimum level of training of seafarers
(Text with EEA relevance)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
amendments to the STCW Convention, and a common
EUROPEAN UNION,
Union mechanism for the recognition of the systems of
training and certification of seafarers in third countries
was set up. Those rules are, as the result of a recast,
contained in Directive 2008/106/EC of the European
Having regard to the Treaty on the Functioning of the European
Parliament and of the Council ( 4 ).
Union, and in particular Article 100(2) thereof,
(3)
A Conference of Parties to the STCW Convention held in
Having regard to the proposal from the European Commission,
Manila in 2010 introduced significant amendments to
the STCW Convention (the ‘Manila amendments’),
namely on the prevention of fraudulent practices for
certificates, in the field of medical standards, in the
After transmission of the draft legislative act to the national
matter of training on security, including piracy and
parliaments,
armed robbery, and with respect to training in tech
nology-related matters. The Manila amendments also
introduced requirements for able seafarers and estab
lished new professional profiles, such as electro-
technical officers.
Having regard to the opinion of the European Economic and
Social Committee ( 1 ),
(4) All
Member
States
are
parties
to
the
STCW
Convention
After consulting the Committee of the Regions,
and none of them has objected to the Manila
amendments under the procedure foreseen to that
effect. Member States should therefore align their
national rules with the Manila amendments. A conflict
between the international commitments of Member
Acting in accordance with the ordinary legislative procedure ( 2 ),
States and their Union commitments should be
avoided. Moreover, given the global nature of shipping,
Union rules on training and certification of seafarers
should be kept in line with international rules. Several
Whereas:
provisions of Directive 2008/106/EC should, therefore,
be amended in order to reflect the Manila amendments.
(1) The
training
and
certification
of
seafarers
is
regulated
by
the International Maritime Organisation (IMO)
(5) Improved
training
for
seafarers
should
cover
proper
Convention on Standards of Training, Certification and
theoretical and practical training so as to ensure that
Watchkeeping for Seafarers 1978 (the ‘STCW Conven
seafarers are qualified to meet security and safety
tion’), which entered into force in 1984 and which was
standards and are able to respond to hazards and emerg
significantly amended in 1995.
encies.
(2)
The STCW Convention was incorporated into Union law
for the first time by Council Directive 94/58/EC of
(6)
Quality standards and quality standards systems should
22 November 1994 on the minimum level of training
be developed and implemented taking into account,
of seafarers (
where applicable, the Recommendation of the European

3 ). The Union rules on training and certifi
cation of seafarers were later adapted to the subsequent
Parliament and of the Council of 18 June 2009 on the
establishment of a European Quality Assurance Reference
Framework for Vocational Education and Training ( 5 ) and
( 1 ) OJ C 43, 15.2.2012, p. 69.
related measures adopted by the Member States.
( 2 ) Position of the European Parliament of 23 October 2012 (not yet
published in the Official Journal) and decision of the Council of
13 November 2012.
( 4 ) OJ L 323, 3.12.2008, p. 33.
( 3 ) OJ L 319, 12.12.1994, p. 28.
( 5 ) OJ C 155, 8.7.2009, p. 1.

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EN
14.12.2012 Official
Journal
of
the
European
Union L
343/79
(7)
European social partners have agreed on minimum hours
the Agency, which has to be planned and carried out,
of rest applicable to seafarers and Directive
and, in most cases, involves significant adjustments to
1999/63/EC ( 1 ) was adopted with a view to imple
the STCW Convention requirements by the third
menting that agreement. That Directive also allows for
country concerned, the whole process cannot be
the possibility to authorise exceptions to the minimum
completed in three months. On the basis of experience,
hours of rest for seafarers. The possibility to authorise
a more realistic time-frame in this respect appears to be
exceptions should, however, be limited in terms of
18 months. The deadline for the Commission decision
maximum duration, frequency and scope. The Manila
should therefore be changed accordingly, while the possi
amendments aimed, amongst other things, to set
bility for the requesting Member State to provisionally
objective limits to the exceptions to the minimum rest
recognise the third country’s STCW system should be
hours for watchkeeping personnel and seafarers with
kept in order to maintain flexibility. Furthermore, the
designated tasks related to safety, security and prevention
provisions for recognition of professional qualifications
of pollution with a view to preventing fatigue. The
under Directive 2005/36/EC of the European Parliament
Manila amendments should be incorporated in
and of the Council of 7 September 2005 on the recog
Directive 2008/106/EC in a manner that ensures
nition of professional qualifications ( 5 ) are not applicable
coherence with Directive 1999/63/EC, as amended by
with regard to the recognition of certificates of seafarers
Directive 2009/13/EC ( 2 ).
under Directive 2008/106/EC.
(8) Further
recognising
the
importance
of
setting
out
minimum requirements governing the living and
(10) Available statistics on seafarers in the Union are
working conditions of all seafarers, Directive 2009/13/EC
incomplete and often inaccurate, which makes policy-
will take effect as specified therein, when the Maritime
making in this sector more difficult. Detailed data on
Labour Convention, 2006, enters into force.
certification of seafarers cannot entirely solve this

problem but they would clearly help. Under the STCW
Convention Parties are obliged to maintain registers of all
certificates and endorsements and the relevant revali
dations or other measures affecting them. Member
States are obliged to maintain a register of issued
certificates and endorsements. In order to have
information that is as complete as possible on the
employment situation in the Union and exclusively
with a view to facilitating policy-making by Member
(9) Directive
2008/106/EC
also
contains
a
mechanism
for
States and the Commission, Member States should be
the recognition of the systems of training and certifi
required to send to the Commission selected information
cation of seafarers of third countries. The recognition is
already contained in their registers of seafarers’
granted by the Commission in accordance with a
certificates of competency. That information should be
procedure under which the Commission is assisted by
communicated for the purposes of statistical analysis
the European Maritime Safety Agency (the ‘Agency’)
only, and is not to be used for administrative, legal or
established by Regulation (EC) No 1406/2002 of the
verification purposes. That information must be in line
European Parliament and of the Council ( 3 ) and by the
with the data protection requirements of the Union and,
Committee on Safe Seas and the Prevention of Pollution
therefore, a provision to that effect should be introduced
from Ships (COSS), established by Regulation (EC) No
in Directive 2008/106/EC.
2099/2002 of the European Parliament and of the Coun
cil ( 4 ). Experience gained in applying that procedure
suggests that it should be changed, namely with respect
to the deadline for the Commission decision. Since the
recognition requires an inspection to be performed by
( 1 ) Council Directive 1999/63/EC of 21 June 1999 concerning the
Agreement on the organisation of working time of seafarers
concluded by the European Community Shipowners’ Association
(ECSA) and the Federation of Transport Workers’ Unions in the
(11) The results of the analysis of such information should be
European Union (FST) — Annex: European Agreement on the
used to anticipate trends in the labour market with a
organisation of working time of seafarers (OJ L 167, 2.7.1999,
view to improving the options for seafarers with regard
p. 33).
( 2 ) Council Directive 2009/13/EC of 16 February 2009 implementing
to career planning and taking advantage of available
the Agreement concluded by the European Community Shipowners’
vocational education and training opportunities. Such
Associations (ECSA) and the European Transport Workers’
results should also contribute to the improvement of
Federation (ETF) on the Maritime Labour Convention, 2006 (OJ
vocational education and training.
L 124, 20.5.2009, p. 30).
( 3 ) OJ L 208, 5.8.2002, p. 1.
( 4 ) OJ L 324, 29.11.2002, p. 1.
( 5 ) OJ L 255, 30.9.2005, p. 22.

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L 343/80
EN
Official Journal of the European Union
14.12.2012
(12) In
order
to
gather
data
on
the
seafaring
profession
in
line
(17) The
Manila
amendments
entered
into
force
on
1
January
with its evolution and with that of technology, the power
2012, whilst transitional arrangements may be applied
to adopt acts in accordance with Article 290 of the
until 1 January 2017. In order to allow for a smooth
Treaty on the Functioning of the European Union
transition to the new rules, this Directive should provide
should be delegated to the Commission in respect of
for the same transitional arrangements as those estab
adaptations of Annex V of Directive 2008/106/EC. The
lished in the Manila amendments.
use of such delegated acts should be limited to cases in
which amendments to the STCW Convention and Code
require changes to that Annex. Additionally, such
delegated acts should not modify the provisions on
anonymising data referred to in that Annex. It is of
particular importance that the Commission carry out
(18) The
IMO
Maritime
Safety
Committee
at
its
89th
session
appropriate consultations during its preparatory work,
noted the need for clarification with regard to the imple
including at expert level. The Commission, when
mentation of the Manila amendments, taking into
preparing and drawing up delegated acts, should ensure
account the transitional arrangements established
a simultaneous, timely and appropriate transmission of
therein and Resolution 4 of the STCW Conference
relevant documents to the European Parliament and the
which recognises the need for full compliance to be
Council.
achieved by 1 January 2017. Such clarification was
provided by the IMO Circulars STCW.7/Circ.16 and
STCW.7/Circ.17. In particular, STCW.7/Circ.16 states
that the validity of any revalidated certificate should
not extend beyond 1 January 2017 for seafarers
(13) The
Union
shipping
sector
has
maritime
expertise
of
high
holding certificates issued in accordance with the
quality which helps to underpin its competitiveness. The
provisions of the STCW Convention which applied
quality of training for seafarers is important for the
immediately prior to 1 January 2012, and who have
competitiveness of this sector and for attracting Union
not met the requirements of the Manila amendments,
citizens, in particular young people, to the maritime
and for seafarers who commenced approved seagoing
professions.
service, an approved education and training programme
or an approved training course before 1 July 2013.
(14) In
order
to
uphold
quality
standards
regarding
training
for seafarers, measures to prevent fraudulent practices
associated with certificates of competency and of profi
ciency need to be improved.
(19) Further
delays
in
incorporating
the
Manila
amendments
in Union law should be avoided, in order to maintain the
competitiveness of seafarers from the Union as well as to
uphold safety on board ships through up-to-date
training.
(15) In
order
to
ensure
uniform
conditions
for
the
implemen
tation of Directive 2008/106/EC implementing powers
have been conferred on the Commission in the field of
training and certification of seafarers. For the same
reason implementing powers should also be conferred
on the Commission in relation to the statistical data on
(20) For the sake of uniform implementation of the Manila
seafarers to be supplied by Member States to the
amendments within the Union, it is advisable that, when
Commission. Those powers should be exercised in
transposing this Directive, Member States should take
accordance with Regulation (EU) No 182/2011 of the
into account the guidance contained in the IMO
European Parliament and of the Council of 16 February
circulars STCW.7/Circ.16 and STCW.7/Circ.17.
2011 laying down the rules and general principles
concerning mechanisms for control by the Member
States of the Commission’s exercise of implementing
powers ( 1 ).
(21) Since the objective of this Directive, namely the
alignment of the current rules of the Union with inter
national rules on training and certification of seafarers,
(16) The
examination procedure should be used for the
cannot be sufficiently achieved by the Member States and
adoption of technical requirements necessary to ensure
can therefore, by reason of the scale or effects of the
the appropriate management of statistical data referred to
action, be better achieved at Union level, the Union
in Annex V to Directive 2008/106/EC and for the
may adopt measures, in accordance with the principle
adoption of implementing decisions on the recognition
of subsidiarity as set out in Article 5 of the Treaty on
and withdrawal of recognition of third countries’ STCW
European Union. In accordance with the principle of
systems.
proportionality, as set out in that Article, this Directive
does not go beyond what is necessary to achieve that
( 1 ) OJ L 55, 28.2.2011, p. 13.
objective.

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EN
14.12.2012 Official
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the
European
Union L
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(22) Directive
2008/106/EC should therefore be amended
(34) “ship security officer” means the person on
accordingly,
board a ship, accountable to the master,
designated by the company as responsible for
the security of the ship including implemen
HAVE ADOPTED THIS DIRECTIVE:
tation and maintenance of the ship security
plan and liaison with the company security
officer and port facility security officers;
Article 1
Amendments to Directive 2008/106/EC
Directive 2008/106/EC is amended as follows:
(35) “security duties” include all security tasks and
duties on board ships as defined by Chapter
XI/2 of the SOLAS 74, as amended, and by
(1) Article
1
is
amended
as
follows:
the ISPS Code;
(a) points (18) and (19) are replaced by the following:
(36) “certificate of competency” means a certificate
issued and endorsed for masters, officers and
‘(18) “Radio Regulations” means the radio regulations
GMDSS radio operators in accordance with
annexed to, or regarded as being annexed to, the
Chapters II, III, IV or VII of Annex I, and
International Telecommunication Convention, as
entitling the lawful holder thereof to serve in
amended;
the capacity and perform the functions
involved at the level of responsibility specified
therein;
(19) “passenger ship” means a ship as defined in the
International Convention for the Safety of Life at
Sea, 1974 (SOLAS 74), as amended;’;
(37) “certificate of proficiency” means a certificate,
other than a certificate of competency, issued
(b) point (24) is replaced by the following:
to a seafarer stating that the relevant
requirements of training, competencies or sea-
going service in this Directive have been met;
‘(24) “STCW Code” means the Seafarers’ Training,
Certification and Watchkeeping (STCW) Code
as adopted by the 1995 Conference resolution
2, in its up-to-date version;’;
(38) “documentary evidence” means documentation,
other than a certificate of competency or
(c) point (27) is deleted;
certificate of proficiency, used to establish that
the relevant requirements in this Directive have
been met;
(d) point (28) is replaced by the following:
‘(28) “seagoing service” means service on board a ship
(39) “electro-technical officer” means an officer
relevant to the issue or revalidation of a
qualified in accordance with Chapter III of
certificate of competency, certificate of profi
Annex I;
ciency or other qualification;’;
(e) the following points are added:
(40) “able seafarer deck” means a rating qualified in
accordance with Chapter II of Annex I;
‘(32) “GMDSS radio operator” means a person
qualified in accordance with Chapter IV of
Annex I;
(41) “able seafarer engine” means a rating qualified in
accordance with Chapter III of Annex I;
(33) “ISPS Code” means the International Ship and
Port Facility Security Code adopted on
12 December 2002, by resolution 2 of the
Conference of Contracting Governments to the
(42) “electro-technical rating” means a rating qualified
SOLAS 74, in its up-to-date version;
in accordance with Chapter III of Annex I.’;

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Official Journal of the European Union
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(2) in Article 3, paragraph 1 is replaced by the following:
Convention under the procedure laid down in
Article 19(2) of this Directive shall endorse that
certificate to attest its recognition only after ensuring
‘1. Member
States
shall
take
the
measures
necessary
to
the authenticity and validity of the certificate. The form
ensure that seafarers serving on ships as referred to in
of the endorsement used shall be that set out in
Article 2 are trained as a minimum in accordance with
paragraph 3 of Section A-I/2 of the STCW Code.
the requirements of the STCW Convention, as laid down
in Annex I to this Directive, and hold certificates as
defined in points (36) and (37) of Article 1, and/or docu
7. The endorsements referred to in paragraphs 5
mentary evidence as defined in point (38) of Article 1.’;
and 6:
(3) Article
4
is
deleted;
(a) may be issued as separate documents;
(4) Article
5
is
amended
as
follows:
(b) shall be issued by Member States only;
(a) the title is replaced by the following:
(c) shall each be assigned a unique number, except for
endorsements attesting the issue of a certificate of
‘Certificates of competency, certificates of
competency, which may be assigned the same
proficiency and endorsements’;
number as the certificate of competency
(b) paragraph 1 is replaced by the following:
concerned, provided that that number is unique;
and
‘1. Member
States
shall
ensure
that
certificates
of
competency and certificates of proficiency are issued
(d) shall each expire as soon as the endorsed certificate
only to candidates who comply with the requirements
of competency or certificate of proficiency issued
of this Article.’;
to masters and officers in accordance with Regu
lations V/1-1 and V/1-2 of the Annex to the
STCW Convention expires or is withdrawn,
(c) paragraph 3 is replaced by the following:
suspended or cancelled by the Member State or
third country which issued it and, in any case,
‘3. Certificates
of
competency
and
certificates
of
within five years of their date of issue.’;
proficiency shall be issued in accordance with Regu
lation I/2, paragraph 3 of the Annex to the STCW
Convention.’;
(g) the following paragraphs are added:
(d) the following paragraph is inserted:
‘11. Candidates
for
certification
shall
provide
satis
factory proof:
‘3a. Certificates
of
competency
shall
be
issued
only
by the Member States, following verification of the
(a) of their identity;
authenticity and validity of any necessary documentary
evidence and in accordance with the provisions laid
down in this Article.’;
(b) that their age is not less than that prescribed in the
Regulations listed in Annex I relevant to the
certificate of competency or certificate of profi
(e) at the end of paragraph 5, the following sentence is
ciency applied for;
added:
‘Endorsements attesting the issue of a certificate of
(c) that they meet the standards of medical fitness,
competency and endorsements attesting a certificate
specified in Section A-I/9 of the STCW Code;
of proficiency issued to masters and officers in
accordance with the Regulations V/1-1 and V/1-2 of
(d) that they have completed the seagoing service and
Annex I shall be issued only if all the requirements of
any related compulsory training prescribed in the
the STCW Convention and this Directive have been
Regulations listed in Annex I for the certificate of
complied with.’;
competency or certificate of proficiency applied
for; and
(f) paragraphs 6 and 7 are replaced by the following:
(e) that they meet the standards of competence
‘6 A
Member
State
which
recognises
a
certificate
of
prescribed in the Regulations listed in Annex I
competency, or a certificate of proficiency, issued to
for the capacities, functions and levels that are to
masters and officers in accordance with Regulations
be identified in the endorsement of the certificate
V/1-1 and V/1-2 of the Annex to the STCW
of competency.

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14.12.2012 Official
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of
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European
Union L
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This paragraph shall not apply to recognition of
Convention, which includes voyages off the coast of
endorsements under Regulation I/10 of the STCW
other Member States or of Parties to the STCW
Convention.
Convention within the limits of their near-coastal defi
nition, shall enter into an undertaking with the
Member States or Parties concerned specifying both
12. Each
Member
State
shall
undertake:
the details of the trading areas involved and other
relevant provisions.’;
(a) to maintain a register or registers of all certificates
of competency and certificates of proficiency and
(b) the following paragraphs are inserted:
endorsements for masters and officers and, where
applicable, ratings which are issued, have expired
or have been revalidated, suspended, cancelled or
‘3a. The certificates of competency of seafarers
reported as lost or destroyed, as well as of dispen
issued by a Member State or a Party to the STCW
sations issued;
Convention for its defined near-coastal voyage limits
may be accepted by other Member States for service in
their defined near-coastal voyage limits, provided the
(b) to make available information on the status of
Member States or Parties concerned enter into an
certificates of competency, endorsements and
undertaking specifying the details of the trading areas
dispensations to other Member States or other
involved and other relevant conditions thereof.
Parties to the STCW Convention and companies
which request verification of the authenticity and
validity of certificates of competency and/or
3b. Member
States
defining
near-coastal
voyages,
in
certificates issued to masters and officers in
accordance with the requirements of this Article, shall:
accordance with Regulations V/1-1 and V/1-2 of
Annex I produced to them by seafarers seeking
recognition, under Regulation I/10 of the STCW
(a) meet the principles governing near-coastal voyages
Convention, or employment on board ship.
specified in Section A-I/3 of the STCW Code;
13. As
of
1
January
2017,
the
information
required
(b) incorporate the near-coastal voyage limits in the
to be available in accordance with point (b) of
endorsements issued pursuant to Article 5.’;
paragraph 12 shall be made available by electronic
means.’;
(7) in Article 8, paragraph 1 is replaced by the following:
(5) the following Article is inserted:
‘1. Member
States
shall
take
and
enforce
appropriate
measures to prevent fraud and other unlawful practices
‘Article 5a
involving certificates and endorsements issued, and shall
Information to the Commission
provide for penalties that are effective, proportionate and
dissuasive.’;
Each Member State shall make available to the
Commission on a yearly basis the information indicated
(8) Article 9 is amended as follows:
in Annex V to this Directive on certificates of competency,
endorsements attesting the recognition of certificates of
competency as well as, on a voluntary basis, certificates
of proficiency issued to ratings in accordance with
(a) paragraphs 1 and 2 are replaced by the following:
Chapters II, III, and VII of the Annex to the STCW
Convention, for the purposes of statistical analysis only
and exclusively for use by Member States and the
‘1. Member
States
shall
establish
processes
and
Commission in policy-making.’;
procedures for the impartial investigation of any
reported incompetence, act, omission or compromise
to security that may pose a direct threat to safety of
(6) Article
7
is
amended
as
follows:
life or property at sea or to the marine environment,
on the part of the holders of certificates of competency
and certificates of proficiency or endorsements issued
by that Member State in connection with their
(a) the following paragraph is inserted:
performance of duties relating to their certificates of
competency and certificates of proficiency and for the
withdrawal, suspension and cancellation of such
‘1a. A
Member
State,
for
ships
afforded
the
benefits
certificates of competency and certificates of profi
of the near-coastal voyage provisions of the STCW
ciency for such cause and for the prevention of fraud.

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Official Journal of the European Union
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2. Member
States
shall
take
and
enforce
appropriate
(c) paragraph 3 is replaced by the following:
measures to prevent fraud and other unlawful practices
involving certificates of competency and certificates of
proficiency and endorsements issued.’;
‘3. A
report
relating
to
each
evaluation
carried
out
pursuant to paragraph 2 shall be communicated by the
Member State concerned to the Commission, in
(b) in paragraph 3, the introductory wording is replaced
accordance with the format specified in Section A-I/7
by the following:
of the STCW Code, within six months of the date of
the evaluation.’;
‘Penalties or disciplinary measures shall be prescribed
and enforced in cases in which:’;
(10) Article 11 is replaced by the following:
(9) Article
10
is
amended
as
follows:
‘Article 11
(a) paragraph 1 is amended as follows:
Medical standards
1. Each
Member
State
shall
establish
standards
of
medical fitness for seafarers and procedures for the issue
(i) point (a) is replaced by the following:
of a medical certificate in accordance with this Article and
Section A-I/9 of the STCW Code, taking into account, as
appropriate, Section B-I/9 of the STCW Code.
‘(a) all training, assessment of competence, certifi
cation, including medical certification,
endorsement and revalidation activities
carried out by non-governmental agencies or
2. Each Member State shall ensure that those
entities under their authority are continuously
responsible for assessing the medical fitness of seafarers
monitored through a quality standards system
are medical practitioners recognised by that Member
to ensure the achievement of defined objec
State for the purpose of seafarer medical examinations,
tives, including those concerning the qualifi
in accordance with the Section A-I/9 of the STCW Code.
cations and experience of instructors and
assessors, in accordance with Section A-I/8
of the STCW Code;’;
3. Every
seafarer
holding
a
certificate
of
competency
or
a certificate of proficiency, issued under the provisions of
the STCW Convention, who is serving at sea shall also
(ii) point (b) is replaced by the following:
hold a valid medical certificate issued in accordance with
this Article and Section A-I/9 of the STCW Code.
‘(b) where governmental agencies or entities
perform such activities, there is a quality
standards system in accordance with Section
4. Candidates
for
medical
certification
shall:
A-I/8 of the STCW Code;’;
(a) be not less than 16 years of age;
(iii) point (c) is replaced by the following:
‘(c) education and training objectives and related
(b) provide satisfactory proof of their identity; and
quality standards of competence to be
achieved are clearly defined and that the
levels of knowledge, understanding and skills
(c) meet the applicable medical fitness standards estab
appropriate to the examinations and
lished by the Member State concerned.
assessments required under the STCW
Convention are identified;’;
5. Medical
certificates
shall
remain
valid
for
a
maximum
(b) in paragraph 2, the following point is added:
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.
‘(d) all applicable provisions of the STCW Convention
and Code, including amendments are covered by
the quality standards system. Member States may
6. If
the
period
of
validity
of
a
medical
certificate
also include within this system the other
expires in the course of a voyage, Regulation I/9 of the
applicable provisions of this Directive.’;
Annex to the STCW Convention shall apply.

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Union L
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7. In
urgent
cases,
a
Member
State
may
permit
a
(g) at all times on board its ships there shall be
seafarer to work without a valid medical certificate. In
effective oral communication in accordance with
such cases, Regulation I/9 of the Annex to the STCW
paragraphs 3 and 4 of Chapter V of Regulation
Convention shall apply.’;
14, of the SOLAS 74, as amended.’;
(11) Article 12 is amended as follows:
(b) the following paragraph is added:
(a) the title is replaced by the following:
‘4. Companies
shall
ensure
that
masters,
officers
and other personnel assigned specific duties and
responsibilities on board their ro-ro passenger ships
‘Revalidation of certificates of competency and
shall have completed familiarisation training to attain
certificates of proficiency’;
the abilities that are appropriate to the capacity to be
(b) the following paragraph is inserted:
filled and duties and responsibilities to be taken up,
taking into account the guidance given in Section B-
I/14 of the STCW Code.’;
‘2a. Every
master
and
officer
shall,
for
continuing
seagoing service on board tankers, meet the
requirements of paragraph 1 of this Article and be
(14) Article 15 is replaced by the following:
required, at intervals not exceeding five years, to
establish continued professional competence for
tankers in accordance with paragraph 3 of Section
‘Article 15
A-I/11 of the STCW Code.’;
Fitness for duty
1. For
the
purpose
of
preventing
fatigue,
Member
States
(c) paragraph 3 is replaced by the following:
shall:
‘3. Each
Member
State
shall
compare
the
standards
(a) establish and enforce rest periods for watchkeeping
of competence which are required of candidates for
personnel and those whose duties involve designated
certificates of competency issued until 1 January
safety, security and prevention of pollution duties in
2017 with those specified for the relevant certificate
accordance with paragraphs 3 to 13;
of competency in Part A of the STCW Code, and shall
determine the need to require the holders of such
certificates of competency to undergo appropriate
refresher and updating training or assessment.’;
(b) require that watch systems are arranged in such a way
that the efficiency of watchkeeping personnel is not
impaired by fatigue, and that duties are organised in
(d) paragraph 5 is replaced by the following:
such a way that the first watch at the start of a voyage
and subsequent relieving watches are sufficiently rested
and otherwise fit for duty.
‘5. For the purpose of updating the knowledge of
masters, officers and radio operators, each Member
State shall ensure that the texts of recent changes in
2. Member
States
shall,
for
the
purpose
of
preventing
national and international regulations concerning the
drug and alcohol abuse, ensure that adequate measures are
safety of life at sea, security and the protection of the
established in accordance with the provisions laid down in
marine environment are made available to ships
this Article.
entitled to fly its flag, while respecting point (b) of
Article 14(3) and Article 18.’;
3. Member
States
shall
take
account
of
the
danger
posed by fatigue of seafarers, especially those whose
(12) in Article 13, paragraph 2 is deleted;
duties involve the safe and secure operation of a ship.
(13) Article 14 is amended as follows:
4. All persons who are assigned duty as officer in
charge of a watch or as a rating forming part of a
watch, and those whose duties involve designated safety,
(a) in paragraph 1, the following points are added:
prevention of pollution and security duties shall be
provided with a rest period of not less than:
‘(f) seafarers assigned to any of its ships have received
refresher and updating training as required by the
(a) a minimum of 10 hours of rest in any 24-hour period;
STCW Convention;
and

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(b) 77 hours in any seven-day period.
competent authority, authorise or register collective
agreements permitting exceptions to the required hours
of rest set out in point (b) of paragraph 4 and in
paragraph 5 of this Article provided that the rest period
5. The
hours
of
rest
may
be
divided
into
no
more
than
is no less than 70 hours in any seven-day period and
two periods, one of which shall be at least six hours in
respects the limits set out in paragraphs 12 and 13 of
length, and the intervals between consecutive periods of
this Article. Such exceptions shall, as far as possible,
rest shall not exceed 14 hours.
follow the standards set out but may take account of
more frequent or longer leave periods, or the granting of
compensatory leave for watchkeeping seafarers or seafarers
working on board ships on short voyages. Exceptions
6. The
requirements
for
rest
periods
laid
down
in
para
shall, as far as possible, take into account the guidance
graphs 4 and 5 need not be maintained in the case of an
regarding prevention of fatigue laid down in Section
emergency or in other overriding operational conditions.
B-VIII/1 of the STCW Code. Exceptions to the minimum
Musters, firefighting and lifeboat drills, and drills
hours of rest provided for in point (a) of paragraph 4 of
prescribed by national laws and regulations and by inter
this Article shall not be allowed.
national instruments, shall be conducted in a manner that
minimises the disturbance of rest periods and does not
induce fatigue.
12. Exceptions referred to in paragraph 11 to the
weekly rest period provided for in point (b) of paragraph
4 shall not be allowed for more than two consecutive
7. Member
States
shall
require
that
watch
schedules
be
weeks. The intervals between two periods of exceptions
posted where they are easily accessible. The schedules shall
on board shall not be less than twice the duration of
be established in a standardised format in the working
the exception.
language or languages of the ship and in English.
13. In
the
framework
of
possible
exceptions
to
8. When
a
seafarer
is
on
call,
such
as
when
a
paragraph 5 referred to in paragraph 11, the minimum
machinery space is unattended, the seafarer shall have an
hours of rest in any 24-hour period provided for in point
adequate compensatory rest period if the normal period of
(a) of paragraph 4 may be divided into no more than three
rest is disturbed by call-outs to work.
periods of rest, one of which shall be at least six hours in
length and neither of the two other periods shall be less
than one hour in length. The intervals between consecutive
periods of rest shall not exceed 14 hours. Exceptions shall
9. Member
States
shall
require
that
records
of
daily
not extend beyond two 24-hour periods in any seven-day
hours of rest of seafarers be maintained in a standardised
period.
format, in the working language or languages of the ship
and in English, to allow monitoring and verification of
compliance with this Article. Seafarers shall receive a
14. Member
States
shall
establish,
for
the
purpose
of
copy of the records pertaining to them, which shall be
preventing alcohol abuse, a limit of not greater than
endorsed by the master, or by a person authorised by
0,05 % blood alcohol level (BAC) or 0,25 mg/l alcohol
the master, and by the seafarers.
in the breath or a quantity of alcohol leading to such
alcohol concentration for masters, officers and other
seafarers while performing designated safety, security and
10. Notwithstanding
the
rules
laid
down
in
paragraphs
marine environmental duties.’;
3 to 9, the master of a ship shall be entitled to require a
seafarer to perform any hours of work necessary for the
immediate safety of the ship, persons on board or cargo,
(15) in Article 17(1), point (c) is replaced by the following:
or for the purpose of giving assistance to other ships or
persons in distress at sea. Accordingly, the master may
suspend the schedule of hours of rest and require a
seafarer to perform any hours of work necessary until
‘(c) issue the certificates referred to in Article 5;’;
the normal situation has been restored. As soon as prac
ticable after the normal situation has been restored, the
master shall ensure that any seafarers who have performed
work in a scheduled rest period are provided with an
(16) Article 19 is amended as follows:
adequate period of rest.
(a) the title is replaced by the following:
11. With
due
regard
for
the
general
principles
of
the
protection of the health and safety of workers and in line
with Directive 1999/63/EC Member States may, by means
‘Recognition of certificates of competency and
of national laws, regulations or a procedure for the
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(b) paragraph 1 is replaced by the following:
certificate of competency or valid dispensation and/or
certificate of proficiency and/or documentary evidence.’;
‘1. Seafarers
who
do
not
possess
the
certificates
of
competency issued by Member States and/or the
(19) in Article 23(1), point (a) is replaced by the following:
certificates of proficiency issued by Member States to
masters and officers in accordance with Regulations
V/1-1 and V/1-2 of the STCW Convention, may be
‘(a) verification that every seafarer serving on board who
allowed to serve on ships flying the flag of a Member
is required to hold a certificate of competency and/or
State provided that a decision on the recognition of
a certificate of proficiency in accordance with the
their certificates of competency and certificates of
STCW Convention holds such a certificate of
proficiency has been adopted through the procedures
competency or valid dispensation and/or certificate
set out in paragraphs 2 to 6 of this Article.’;
of proficiency, or provides documentary proof that
an application for an endorsement attesting recog
nition of a certificate of competency has been
(c) in paragraph 2, the first subparagraph is replaced by
submitted to the authorities of the flag State;’;
the following:
(20) in Article 23, paragraph 2 is amended as follows:
‘2. A
Member
State
which
intends
to
recognise,
by
endorsement, the certificates of competency and/or the
(a) the introductory wording is replaced by the following:
certificates of proficiency referred to in paragraph 1
issued by a third country to a master, officer or
radio operator, for service on ships flying its flag,
‘2. The
ability
of
the
ship’s
seafarers
to
maintain
shall submit a request for recognition of that third
watchkeeping and security standards, as appropriate,
country to the Commission, stating its reasons.’;
as required by the STCW Convention shall be
assessed in accordance with Part A of the STCW
Code if there are clear grounds for believing that
(d) paragraph 3 is replaced by the following:
such standards are not being maintained because any
of the following has occurred:’;
‘3. The
decision
on
the
recognition
of
a
third
country shall be taken by the Commission. Those
(b) point (d) is replaced by the following:
implementing acts shall be adopted in accordance
with the examination procedure referred to in
Article 28(2), within 18 months of the date of the
‘(d) the ship is otherwise being operated in such a
request for the recognition. The Member State
manner as to pose a danger to persons,
submitting the request may decide to recognise the
property or the environment, or to compromise
third country unilaterally until a decision is taken
security;’;
under this paragraph.’;
(21) the following Article is inserted:
(17) in Article 20, paragraph 6 is replaced by the following:
‘Article 25a
‘6. The decision on the withdrawal of the recognition
Information for statistical purposes
shall be taken by the Commission. Those implementing
acts shall be adopted in accordance with the examination
1. The Member States shall communicate the
procedure referred to in Article 28(2). The Member States
information listed in Annex V to the Commission for
concerned shall take appropriate measures to implement
the purposes of statistical analysis only. Such information
the decision.’;
may not be used for administrative, legal or verification
purposes, and is exclusively for use by Member States and
the Commission in policy-making.
(18) in Article 22, paragraph 1 is replaced by the following:
2. That
information
shall
be
made
available
by
Member
States to the Commission on a yearly basis and in elec
‘1. Irrespective
of
the
flag
it
flies,
each
ship,
with
the
tronic format and shall include information registered until
exception of those types of ships excluded by Article 2,
31 December of the previous year. Member States shall
shall, while in the ports of a Member State, be subject to
retain all property rights to the information in its raw data
port State control by officers duly authorised by that
format. Processed statistics drawn up on the basis of such
Member State to verify that all seafarers serving on
information shall be made publicly available in accordance
board who are required to hold a certificate of competency
with the provisions on transparency and protection of
and/or a certificate of proficiency and/or documentary
information set out in Article 4 of Regulation (EC) No
evidence under the STCW Convention, hold such a
1406/2002.

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3. In
order
to
ensure
the
protection
of
personal
data,
3. The
delegation
of
power
referred
to
in
Article
27
Member States shall anonymise all personal information as
may be revoked at any time by the European Parliament
indicated in Annex V by using software provided or
or by the Council. A decision to revoke shall put an end to
accepted by the Commission before transmitting it to
the delegation of the power specified in that decision. It
the Commission. The Commission shall use this
shall take effect the day following the publication of the
anonymised information only.
decision in the Official Journal of the European Union or at a
later date specified therein. It shall not affect the validity of
any delegated acts already in force.
4.
Member States and the Commission shall ensure that
measures for collecting, submitting, storing, analysing and
disseminating such information are designed in such a way
that statistical analysis is made possible.
4. As
soon
as
it
adopts
a
delegated
act,
the
Commission
shall notify it simultaneously to the European Parliament
and to the Council.
For the purposes of the first subparagraph, the
Commission shall adopt detailed measures regarding the
technical requirements necessary to ensure the appropriate
management of the statistical data. Those implementing
5. A delegated act adopted pursuant to Article 27 shall
acts shall be adopted in accordance with the examination
enter into force only if no objection has been expressed
procedure referred to in Article 28(2).’;
either by the European Parliament or the Council within a
period of two months of notification of that act to the
European Parliament and the Council or if, before the
expiry of that period, the European Parliament and the
(22) Article 27 is replaced by the following:
Council have both informed the Commission that they
will not object. That period shall be extended by two
months at the initiative of the European Parliament or
the Council.’;
‘Article 27
Amendment
The Commission shall be empowered to adopt delegated
(24) Article 28 is replaced by the following:
acts, in accordance with Article 27a, amending Annex V
to this Directive with respect to specific and relevant
content and details of the information that needs to be
reported by Member States provided that such acts are
limited to taking into account the amendments to the
‘Article 28
STCW Convention and Code and respect the safeguards
on data protection. Such delegated acts shall not change
Committee procedure
the provisions of anonymisation of data as required by
1. The
Commission
shall
be
assisted
by
the
Committee
Article 25a(3).’;
on Safe Seas and the Prevention of Pollution from Ships
(COSS) established by Regulation (EC) No 2099/2002 of
the European Parliament and of the Council (*). That
committee shall be a committee within the meaning of
(23) the following Article is inserted:
Regulation (EU) No 182/2011 of the European Parliament
and of the Council of 16 February 2011 laying down the
rules and general principles concerning mechanisms for
control by Member States of the Commission’s exercise
‘Article 27a
of implementing powers (**).
Exercise of the delegation
1. The
power
to
adopt
delegated
acts
is
conferred
on
the Commission subject to the conditions laid down in
this Article.
2. Where
reference
is
made
to
this
paragraph,
Article
5
of Regulation (EU) No 182/2011 shall apply. Where the
Committee delivers no opinion, the Commission shall not
adopt the draft implementing act and the third
2. The
delegation
of
power
referred
to
in
Article
27
subparagraph of Article 5(4) of Regulation (EU) No
shall be conferred on the Commission for a period of
182/2011 shall apply.
five years from 3 January 2013. The Commission shall
draw up a report in respect of the delegation of power
not later than 4 April 2017. The delegation of power shall
be tacitly extended for periods of an identical duration,
unless the European Parliament or the Council opposes
___________
such extension not later than three months before the
(*) OJ L 324, 29.11.2002, p. 1.
end of each period.
(**) OJ L 55, 28.2.2011, p. 13.’;

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(25) Article 29 is replaced by the following:
Article 2
Transposition
‘Article 29
1. Without prejudice to Article 30 of Directive
Penalties
2008/106/EC, as amended by point (26) of Article 1 of this
Member States shall lay down systems of penalties for
Directive, Member States shall bring into force the laws, regu
breaching the national provisions adopted pursuant to
lations and administrative provisions necessary to comply with
Articles 3, 5, 7, 9 to 15, 17, 18, 19, 22, 23, 24 and
this Directive by 4 July 2014, and with respect to point (5) of
Annex I, and shall take all the measures necessary to
Article 1 of this Directive by 4 January 2015. They shall
ensure that they are implemented. The penalties provided
forthwith communicate to the Commission the text of those
for must be effective, proportionate and dissuasive.’;
provisions.
(26) Article 30 is replaced by the following:
When Member States adopt such provisions, they shall contain
a reference to this Directive or be accompanied by such a
‘Article 30
reference on the occasion of their official publication. Member
States shall determine how such reference is to be made.
Transitional provisions
In respect of those seafarers who commenced approved
seagoing service, an approved education and training
2. Member
States
shall
communicate
to
the
Commission
the
programme or an approved training course before 1 July
text of the main provisions of national law which they adopt in
2013, Member States may continue to issue, recognise and
the field covered by this Directive.
endorse, until 1 January 2017, certificates of competency
in accordance with the requirements of this Directive as
Article 3
they were before 3 January 2013.
Entry into force
Until 1 January 2017, Member States may continue to
This Directive shall enter into force on the twentieth day
renew and revalidate certificates of competency and
following that of its publication in the Official Journal of the
endorsements in accordance with the requirements of
European Union.
this Directive as they were before 3 January 2013’;
(27) Article 33 is deleted;
Article 4
Addressees
(28) this point does not concern the English version;
This Directive is addressed to the Member States.
(29) the Annexes are amended as follows:
(a) Annex I to Directive 2008/106/EC is replaced by
Done at Strasbourg, 21 November 2012.
Annex I to this Directive;
(b) Annex II to Directive 2008/106/EC is amended as laid
down in Annex II to this Directive;
For the European Parliament
For the Council
(c) the text set out in Annex III to this Directive is added
The President
The President
as Annex V to Directive 2008/106/EC.
M. SCHULZ
A. D. MAVROYIANNIS

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ANNEX I
‘ANNEX I
TRAINING REQUIREMENTS OF THE STCW CONVENTION, REFERRED TO IN ARTICLE 3
CHAPTER I
GENERAL PROVISIONS
1. The Regulations referred to in this Annex are supplemented by the mandatory provisions contained in Part A of the
STCW Code with the exception of Chapter VIII, Regulation VIII/2.
Any reference to a requirement in a Regulation also constitutes a reference to the corresponding section of Part A of
the STCW Code.
2. Part A of the STCW Code contains standards of competence required to be demonstrated by candidates for the issue,
and revalidation of certificates of competency under the provisions of the STCW Convention. To clarify the linkage
between the alternative certification provisions of Chapter VII and the certification provisions of Chapters II, III and IV,
the abilities specified in the standards of competence are grouped as appropriate under the following seven functions:
(1) Navigation;
(2) Cargo handling and stowage;
(3) Controlling the operation of the ship and care for persons on board;
(4) Marine engineering;
(5) Electrical, electronic and control engineering;
(6) Maintenance and repair;
(7) Radio communications,
at the following levels of responsibility:
(1) Management level;
(2) Operational level;
(3) Support level.
Functions and levels of responsibility are identified by subtitle in the tables of standards of competence given specified
in Chapters II, III and IV of the Part A of the STCW Code.
CHAPTER II
MASTER AND DECK DEPARTMENT
Regulation II/1
Mandatory minimum requirements for certification of officers in charge of a navigational watch on ships of 500
gross tonnage or more
1. Every officer in charge of a navigational watch serving on a seagoing ship of 500 gross tonnage or more shall hold a
certificate of competency.
2. Every candidate for certification shall:
2.1. be not less than 18 years of age;
2.2. have approved seagoing service of not less than 12 months as part of an approved training programme which
includes onboard training which meets the requirements of Section A-II/1 of the STCW Code and is documented
in an approved training record book, or otherwise have approved seagoing service of not less than 36 months;

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2.3. have performed, during the required seagoing service, bridge watchkeeping duties under the supervision of the
master or a qualified officer for a period of not less than six months;
2.4. meet the applicable requirements of the regulations in Chapter IV, as appropriate, for performing designed radio
duties in accordance with the Radio Regulations;
2.5. have completed approved education and training and meet the standard of competence specified in Section A-II/1
of the STCW Code; and
2.6. meet the standard of competence specified in Section A-VI/1, paragraph 2, Section A-VI/2 paragraphs 1 to 4,
Section A-VI/3 paragraphs 1 to 4 and Section A-VI/4 paragraphs 1 to 3 of the STCW Code.
Regulation II/2
Mandatory minimum requirements for certification of masters and chief mates on ships of 500 gross tonnage or
more
M a s t e r a n d c h i e f m a t e o n s h i p s o f 3 0 0 0 g r o s s t o n n a g e o r m o r e
1. Every master and chief mate on a seagoing ship of 3 000 gross tonnage or more shall hold a certificate of
competency.
2. Every candidate for certification shall:
2.1. meet the requirements for certification as an officer in charge of a navigational watch on ships of 500 gross
tonnage or more and have approved seagoing service in that capacity:
2.1.1. for certification as chief mate, not less than 12 months; and
2.1.2. for certification as master, not less than 36 months; however, this period may be reduced to not less than
24 months if not less than 12 months of such seagoing service has been served as chief mate; and
2.2. have completed approved education and training and meet the standard of competence specified in Section A-II/2
of the STCW Code for masters and chief mates on ships of 3 000 gross tonnage or more.
M a s t e r a n d c h i e f m a t e o n s h i p s o f b e t w e e n 5 0 0 a n d 3 0 0 0 g r o s s t o n n a g e
3. Every master and chief mate on a seagoing ship of between 500 and 3 000 gross tonnage shall hold a certificate of
competency.
4. Every candidate for certification shall:
4.1. for certification as chief mate, meet the requirements of an officer in charge of a navigational watch on ships of
500 gross tonnage or more;
4.2. for certification as master, meet the requirements of an officer in charge of a navigational watch on ships of 500
gross tonnage or more and have approved seagoing service of not less than 36 months in that capacity; however,
this period may be reduced to not less than 24 months if not less than 12 months of such seagoing service has
been served as chief mate; and
4.3. have completed approved training and meet the standard of competence specified in Section A-II/2 of the STCW
Code for masters and chief mates on ships of between 500 and 3 000 gross tonnage.
Regulation II/3
Mandatory minimum requirements for certification of officers in charge of a navigational watch and of masters
on ships of less than 500 gross tonnage
S h i p s n o t e n g a g e d o n n e a r - c o a s t a l v o y a g e s
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.

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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.
S h i p s e n g a g e d o n n e a r - c o a s t a l v o y a g e s
Officer in charge of a navigational watch
3. Every officer in charge of a navigational watch on a seagoing ship of less than 500 gross tonnage engaged on near-
coastal voyages shall hold a certificate of competency.
4. Every candidate for certification as officer in charge of a navigational watch on a seagoing ship of less than 500 gross
tonnage engaged on near-coastal voyages shall:
4.1. be not less than 18 years of age;
4.2. have completed:
4.2.1. special training, including an adequate period of appropriate seagoing service as required by the Member
State; or
4.2.2. approved seagoing service in the deck department of not less than 36 months;
4.3. meet the applicable requirements of the regulations in Chapter IV, as appropriate, for performing designated radio
duties in accordance with the Radio Regulations;
4.4. have completed approved education and training and meet the standard of competence specified in Section A-II/3
of the STCW Code for officers in charge of a navigational watch on ships of less than 500 gross tonnage engaged
on near-coastal voyages; and
4.5. meet the standard of competence specified in Section A-VI/1, paragraph 2, Section A-VI/2 paragraphs 1 to 4,
Section A-VI/3 paragraphs 1 to 4 and Section A-VI/4 paragraphs 1 to 3 of the STCW Code;
Master
5. Every master serving on a seagoing ship of less than 500 gross tonnage engaged on near-coastal voyages shall hold a
certificate of competency.
6. Every candidate for certification as master on a seagoing ship of less than 500 gross tonnage engaged on a near-
coastal voyages shall:
6.1. be not less than 20 years of age;
6.2. have approved seagoing service of not less than 12 months as officer in charge of a navigational watch;
6.3. have completed approved education and training and meet the standard of competence specified in Section A-II/3
of the STCW Code for masters on ships of less than 500 gross tonnage engaged on near-coastal voyages; and
6.4. meet the standard of competence specified in Section A-VI/1, paragraph 2, Section A-VI/2 paragraphs 1 to 4,
Section A-VI/3 paragraphs 1 to 4 and Section A-VI/4 paragraphs 1 to 3 of the STCW Code.
Exemptions
7. The Administration, if it considers that a ship’s size and the conditions of its voyage are such as to render the
application of the full requirements of this regulation and Section A-II/3 of the STCW Code unreasonable or imprac
ticable, may to that extent exempt the master and the officer in charge of a navigational watch on such a ship or class
of ships from some of the requirements, bearing in mind the safety of all ships which may be operating in the same
waters.
Regulation II/4
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.

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2. Every candidate for certification shall:
2.1. be not less than 16 years of age;
2.2. have completed:
2.2.1. approved seagoing service including not less than six months training and experience; or
2.2.2. special training, either pre-sea or on board ship, including an approved period of seagoing service which
shall not be less than two months; and
2.3. meet the standard of competence specified in Section A-II/4 of the STCW Code.
3. The seagoing service, training and experience required by points 2.2.1 and 2.2.2 shall be associated with navigational
watchkeeping functions and involve the performance of duties carried out under the direct supervision of the master,
the officer in charge of the navigational watch or a qualified rating.
Regulation II/5
Mandatory minimum requirements for certification of ratings as able seafarer deck
1. Every able seafarer deck serving on a seagoing ship of 500 gross tonnage or more shall be duly certificated.
2. Every candidate for certification shall:
2.1. be not less than 18 years of age;
2.2. meet the requirements for certification as a rating forming part of a navigational watch;
2.3. while qualified to serve as a rating forming part of a navigational watch, have approved seagoing service in the
deck department of:
2.3.1. not less than 18 months; or
2.3.2. not less than 12 months and have completed approved training; and
2.4. meet the standard of competence specified in Section A-II/5 of the STCW Code.
3. Every Member State shall compare the standards of competence which it required of Able Seamen for certificates
issued before 1 January 2012 with those specified for the certificate in Section A-II/5 of the STCW Code, and shall
determine the need, if any, for requiring these personnel to update their qualifications.
4. Until 1 January 2017, a Member State which is also a party to the International Labour Organisation Certification of
Able Seamen Convention, 1946 (No 74) may continue to renew and revalidate certificates and endorsements in
accordance with the provisions of the aforesaid Convention.
5. Seafarers may be considered by the Member State to have met the requirements of this regulation if they have served
in a relevant capacity in the deck department for a period of not less than 12 months within the last 60 months
preceding the entry into force of the present Directive.
CHAPTER III
ENGINE DEPARTMENT
Regulation III/1
Mandatory minimum requirements for certification of officers in charge of an engineering watch in a manned
engine-room or designated duty engineers in a periodically unmanned engine-room
1. Every officer in charge of an engineering watch in a manned engine-room or designated duty engineer officer in a
periodically unmanned engine-room on a seagoing ship powered by main propulsion machinery of 750 kW
propulsion power or more shall hold a certificate of competency.

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2. Every candidate for certification shall:
2.1. be not less than 18 years of age;
2.2. have completed combined workshop skill training and an approved seagoing service of not less than 12 months
as part of an approved training programme which includes onboard training which meets the requirements of
Section A-III/1 of the STCW Code and is documented in an approved training record book, or otherwise have
completed combined workshop skill training and an approved seagoing service of not less than 36 months of
which not less than 30 months will be seagoing service in the engine department;
2.3. have performed, during the required seagoing service, engine-room watchkeeping duties under the supervision of
the chief engineer officer or a qualified engineer officer for a period of not less than six months;
2.4. have completed approved education and training and meet the standards of competence specified in Section
A-III/1 of the STCW Code; and
2.5. meet the standards of competence specified in Section A-VI/1, paragraph 2, Section A-VI/2, paragraphs 1 to 4,
Section A-VI/3, paragraphs 1 to 4 and Section A-VI/4, paragraphs 1 to 3 of the STCW Code.
Regulation III/2
Mandatory minimum requirements for certification of chief engineer officers and second engineer officers on
ships powered by main propulsion machinery of 3 000 kW propulsion power or more
1. Every chief engineer officer and second engineer officer on a seagoing ship powered by main propulsion machinery of
3 000 kW propulsion power or more shall hold a certificate of competency.
2. Every candidate for certification shall:
2.1. meet the requirements for certification as an officer in charge of an engineering watch on seagoing ships powered
by main propulsion machinery of 750 kW propulsion power or more and have approved seagoing service in that
capacity:
2.1.1. for certification as a second engineer officer, not less than 12 months as qualified engineer officer; and
2.1.2. for certification as chief engineer officer, not less than 36 months, however, this period may be reduced to
not less than 24 months if not less than 12 months of such seagoing service has been served as second
engineer officer; and
2.2. have completed approved education and training and meet the standard of competence specified in Section
A-III/2 of the STCW Code.
Regulation III/3
Mandatory minimum requirements for certification of chief engineer officers and second engineer officers on
ships powered by main propulsion machinery of between 750 kW and 3 000 kW propulsion power
1. Every chief engineer officer and second engineer officer on a seagoing ship powered by main propulsion machinery of
between 750 and 3 000 kW propulsion power shall hold a certificate of competency.
2. Every candidate for certification shall:
2.1. meet the requirements for certification as an officer in charge of an engineering watch and:
2.1.1. for certification as second engineer officer, shall have not less than 12 months approved seagoing service
as assistant engineer officer or engineer officer; and
2.1.2. for certification as chief engineer officer, shall have not less than 24 months approved seagoing service of
which not less than 12 months shall be served while qualified to serve as second engineer officer; and
2.2. have completed approved education and training and meet the standard of competence specified in Section
A-III/3 of the STCW Code.

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3. Every engineer officer who is qualified to serve as second engineer officer on ships powered by main propulsion
machinery of 3 000 kW propulsion power or more, may serve as chief engineer officer on ships powered by main
propulsion machinery of less than 3 000 kW propulsion power, provided that the certificate is so endorsed.
Regulation III/4
Mandatory minimum requirements for certification of ratings forming part of a watch in a manned engine-room
or designated to perform duties in a periodically unmanned engine-room
1. Every rating forming part of an engine-room watch or designated to perform duties in a periodically unmanned
engine-room on a seagoing ship powered by main propulsion machinery of 750 kW propulsion power or more, other
than ratings under training and ratings whose duties are of an unskilled nature, shall be duly certificated to perform
such duties.
2. Every candidate for certification shall:
2.1. be not less than 16 years of age;
2.2. have completed:
2.2.1. approved seagoing service including not less than six months training and experience; or
2.2.2. special training, either pre-sea or on board ship, including an approved period of seagoing service which
shall not be less than two months; and
2.3. meet the standard of competence specified in Section A-III/4 of the STCW Code.
3. The seagoing service, training and experience required by points 2.2.1 and 2.2.2 shall be associated with engine-room
watchkeeping functions and involve the performance of duties carried out under the direct supervision of a qualified
engineer officer or a qualified rating.
Regulation III/5
Mandatory minimum requirements for certification of ratings as able seafarer engine in a manned engine-room
or designated to perform duties in a periodically unmanned engine-room
1. Every able seafarer engine serving on a seagoing ship powered by main propulsion machinery of 750 kW propulsion
power or more shall be duly certificated.
2. Every candidate for certification shall:
2.1. be not less than 18 years of age;
2.2. meet the requirements for certification as a rating forming part of a watch in a manned engine-room or
designated to perform duties in a periodically unmanned engine-room;
2.3. while qualified to serve as a rating forming part of an engineering watch, have approved seagoing service in the
engine department of:
2.3.1. not less than 12 months; or
2.3.2. not less than six months and have completed approved training; and
2.4. meet the standard of competence specified in Section A-III/5 of the STCW Code.
3. Every Member State shall compare the standards of competence which it required of ratings in the engine department
for certificates issued before 1 January 2012 with those specified for the certificate in Section A-III/5 of the STCW
Code, and shall determine the need, if any, for requiring these personnel to update their qualifications.
4. Seafarers may be considered by the Member State to have met the requirements of this regulation if they have served
in a relevant capacity in the engine department for a period of not less than 12 months within the last 60 months
preceding the entry into force of this Directive.

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Regulation III/6
Mandatory minimum requirements for certification of electro-technical officer
1. Every electro-technical officer serving on a seagoing ship powered by main propulsion machinery of 750 kW
propulsion power or more, shall hold a certificate of competency.
2. Every candidate for certification shall:
2.1. be not less than 18 years of age;
2.2. have completed not less than 12 months of combined workshop skills training and approved seagoing service of
which not less than six months will be seagoing service as part of an approved training programme which meets
the requirements of Section A-III/6 of the STCW Code and is documented in an approved training record book,
or otherwise not less than 36 months of combined workshop skills training and approved seagoing service of
which not less than 30 months will be seagoing service in the engine department;
2.3. have completed approved education and training and meet the standards of competence specified in Section
A-III/6 of the STCW Code; and
2.4. meet the standards of competence specified in Section A-VI/1, paragraph 2, Section A-VI/2, paragraphs 1 to 4,
Section A-VI/3 paragraphs 1 to 4 and Section A-VI/4 paragraphs 1 to 3 of the STCW Code.
3. Every Member State shall compare the standards of competence which it required of electro-technical officers for
certificates issued before 1 January 2012 with those specified for the certificate in Section A-III/6 of the STCW Code,
and shall determine the need for requiring those personnel to update their qualifications.
4. Seafarers may be considered by the Member State to have met the requirements of this regulation if they have served
in a relevant capacity on board a ship for a period of not less than 12 months within the last 60 months preceding
the entry into force of this Directive and meet the standard of competence specified in Section A-III/6 of the STCW
Code.
5. Notwithstanding the above requirements of paragraphs 1 to 4, a suitably qualified person may be considered by a
Member State able to perform certain functions of Section A-III/6.
Regulation III/7
Mandatory minimum requirements for certification of electro-technical rating
1. Every electro-technical rating serving on a seagoing ship powered by main propulsion machinery of 750 kW
propulsion power or more shall be duly certificated.
2. Every candidate for certification shall:
2.1. be not less than 18 years of age;
2.2. have completed approved seagoing service including not less than 12 months training and experience; or
2.3. have completed approved training, including an approved period of seagoing service which shall not be less than
six months; or
2.4. have qualifications that meet the technical competences in table A-III/7 of the STCW Code and an approved
period of seagoing service, which shall not be less than three months; and
2.5. meet the standard of competence specified in Section A-III/7 of the STCW Code;
3. Every Member State shall compare the standards of competence which it required of electro-technical ratings for
certificates issued before 1 January 2012 with those specified for the certificate in Section A-III/7 of the STCW Code,
and shall determine the need, if any, for requiring these personnel to update their qualifications.
4. Seafarers may be considered by the Member State to have met the requirements of this regulation if they have served
in a relevant capacity on board a ship for a period of not less than 12 months within the last 60 months preceding
the entry into force of this Directive and meet the standard of competence specified in Section A-III/7 of the STCW
Code.

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5. Notwithstanding the above requirements of paragraphs 1 to 4, a suitably qualified person may be considered by a
Member State able to perform certain functions of Section A-III/7.
CHAPTER IV
RADIO COMMUNICATION AND RADIO OPERATORS
Explanatory note
Mandatory provisions relating to radio watchkeeping are set forth in the Radio Regulations and in the SOLAS 74, as
amended. Provisions for radio maintenance are set forth in the SOLAS 74, as amended, and the guidelines adopted by the
International Maritime Organisation.
Regulation IV/1
Application
1. Except as provided in point 2, the provisions of this chapter apply to radio operators on ships operating in the global
maritime distress and safety system (GMDSS) as prescribed by the SOLAS 74, as amended.
2. Radio operators on ships not required to comply with the provisions of the GMDSS in Chapter IV of the SOLAS 74
are not required to meet the provisions of this chapter. Radio operators on these ships are, nevertheless, required to
comply with the Radio Regulations. Member States shall ensure that the appropriate certificates as prescribed by the
Radio Regulations are issued to or recognised in respect of such radio operators.
Regulation IV/2
Mandatory minimum requirements for certification of GMDSS radio operators
1. Every person in charge of or performing radio duties on a ship required to participate in the GMDSS shall hold an
appropriate certificate related to the GMDSS, issued or recognised by the Member State under the provisions of the
Radio Regulations.
2. In addition, every candidate for certification of competency under this regulation for service on a ship which is
required by the SOLAS 74, as amended, to have a radio installation shall:
2.1. be not less than 18 years of age; and
2.2. have completed approved education and training and meet the standard of competence specified in Section
A-IV/2 of the STCW Code.
CHAPTER V
SPECIAL TRAINING REQUIREMENTS FOR PERSONNEL ON CERTAIN TYPES OF SHIPS
Regulation V/1-1
Mandatory minimum requirements for the training and qualifications of masters, officers and ratings on oil and
chemical tankers
1. Officers and ratings assigned specific duties and responsibilities related to cargo or cargo equipment on oil or chemical
tankers shall hold a certificate in basic training for oil and chemical tanker cargo operations.
2. Every candidate for a certificate in basic training for oil and chemical tanker cargo operations shall have completed
basic training in accordance with provisions of Section A-VI/1 of the STCW Code and shall have completed:
2.1. at least three months of approved seagoing service on oil or chemical tankers and meet the standard of
competence specified in Section A-V/1-1, paragraph 1 of the STCW Code; or
2.2. an approved basic training for oil and chemical tanker cargo operations and meet the standard of competence
specified in Section A-V/1-1, paragraph 1 of the STCW Code.
3. Masters, chief engineer officers, chief mates, second engineer officers and any person with immediate responsibility for
loading, discharging, care in transit, handling of cargo, tank cleaning or other cargo-related operations on oil tankers
shall hold a certificate in advanced training for oil tanker cargo operations.

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4. Every candidate for a certificate in advanced training for oil tanker cargo operations shall:
4.1. meet the requirements for certification in basic training for oil and chemical tanker cargo operations; and
4.2. while qualified for certification in basic training for oil and chemical tanker cargo operations have:
4.2.1. at least three months of approved seagoing service on oil tankers; or
4.2.2. at least one month of approved onboard training on oil tankers in a supernumerary capacity which
includes at least three loading and three unloading operations and is documented in an approved
training record book taking into account guidance in Section B-V/1 of the STCW Code; and
4.3. have completed approved advanced training for oil tanker cargo operations and meet the standard of competence
specified in Section A-V/1-1, paragraph 2 of the STCW Code.
5. Masters, chief engineer officers, chief mates, second engineer officers and any person with immediate responsibility for
loading, discharging, care in transit, handling of cargo, tank cleaning or other cargo-related operations on chemical
tankers shall hold a certificate in advanced training for chemical tanker cargo operations.
6. Every candidate for a certificate in advanced training for chemical tanker cargo operations shall:
6.1. meet the requirements for certification in basic training for oil and chemical tanker cargo operations; and
6.2. while qualified for certification in basic training for oil and chemical tanker cargo operations have:
6.2.1. at least three months of approved seagoing service on chemical tankers; or
6.2.2. at least one month of approved onboard training on chemical tankers in a supernumerary capacity which
includes at least three loading and three unloading operations and is documented in an approved training
record book taking into account guidance in Section B-V/1 of the STCW Code; and
6.3. have completed approved advanced training for chemical tanker cargo operations and meet the standard of
competence specified in Section A-V/1-1, paragraph 3 of the STCW Code.
7. Member States shall ensure that a certificate of proficiency is issued to seafarers, who are qualified in accordance with
paragraph 2, 4 or 6 as appropriate, or that an existing certificate of competency or certificate of proficiency is duly
endorsed.
Regulation V/1-2
Mandatory minimum requirements for the training and qualifications of masters, officers and ratings on
liquefied gas tankers
1. Officers and ratings assigned specific duties and responsibilities related to cargo or cargo equipment on liquefied gas
tankers shall hold a certificate in basic training for liquefied gas tanker cargo operations.
2. Every candidate for a certificate in basic training for liquefied gas tanker cargo operations shall have completed basic
training in accordance with provisions of Section A-VI/1 of the STCW Code and shall have completed:
2.1. at least three months of approved seagoing service on liquefied gas tankers and meet the standard of competence
specified in Section A-V/1-2, paragraph 1 of the STCW Code; or
2.2. an approved basic training for liquefied gas tanker cargo operations and meet the standard of competence
specified in Section A-V/1-2, paragraph 1 of the STCW Code.

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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:
4.1. meet the requirements for certification in basic training for liquefied gas tanker cargo operations; and
4.2. while qualified for certification in basic training for liquefied gas tanker cargo operations have:
4.2.1. at least three months of approved seagoing service on liquefied gas tankers; or
4.2.2. at least one month of approved onboard training on liquefied gas tankers in a supernumerary capacity
which includes at least three loading and three unloading operations and is documented in an approved
training record book taking into account guidance in Section B-V/1 of the STCW Code; and
4.3. have completed approved advanced training for liquefied gas tanker cargo operations and meet the standard of
competence specified in Section A-V/1-2, paragraph 2 of the STCW Code.
5. Member States shall ensure that a certificate of proficiency is issued to seafarers, who are qualified in accordance with
paragraph 2 or 4 as appropriate, or that an existing certificate of competency or certificate of proficiency is duly
endorsed.
Regulation V/2
Mandatory minimum requirements for the training and qualifications of masters, officers, ratings and other
personnel on passenger ships
1. This Regulation applies to masters, officers, ratings and other personnel serving on board passenger ships engaged on
international voyages. Member States shall determine the applicability of these requirements to personnel serving on
passenger ships engaged on domestic voyages.
2. Prior to being assigned shipboard duties on board passenger ships, seafarers shall have completed the training required
by paragraphs 4 to 7 below in accordance with their capacities, duties and responsibilities.
3. Seafarers who are required to be trained in accordance with paragraphs 4, 6 and 7 shall at intervals not exceeding five
years undertake appropriate refresher training or be required to provide evidence of having achieved the required
standard of competence within the previous five years.
4. Masters, officers and other personnel designated on muster lists to assist passengers in emergency situations on board
passenger ships shall have completed training in crowd management as specified in Section A-V/2, paragraph 1, of the
STCW Code.
5. Personnel providing direct service to passengers in passenger spaces on board passenger ships shall have completed the
safety training specified in Section A-V/2, paragraph 2, of the STCW Code.
6. Masters, chief engineer officers, chief mates, second engineer officers and any person designated on muster lists of
having responsibility for the safety of passengers in emergency situations on board passenger ships shall have
completed approved training in crisis management and human behaviour as specified in Section A-V/2, paragraph
3 of the STCW Code.
7. Masters, chief mates, chief engineer officers, second engineer officers and every person assigned immediate responsi
bility for embarking and disembarking passengers, loading, discharging or securing cargo, or closing hull openings on
board ro-ro passenger ships shall have completed approved training in passenger safety, cargo safety and hull integrity
as specified in Section A-V/2, paragraph 4, of the STCW Code.
8. Member States shall ensure that documentary evidence of the training which has been completed is issued to every
person found qualified under the provisions of this regulation.

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CHAPTER VI
EMERGENCY, OCCUPATIONAL SAFETY, SECURITY, MEDICAL CARE AND SURVIVAL FUNCTIONS
Regulation VI/1
Mandatory minimum requirements for safety familiarisation, basic training and instruction for all seafarers
1. Seafarers shall receive familiarisation and basic training or instruction in accordance with Section A-VI/1 of the STCW
Code and shall meet the appropriate standard of competence specified therein.
2. Where basic training is not included in the qualification for the certificate to be issued, a certificate of proficiency shall
be issued indicating that the holder has attended the course in basic training.
Regulation VI/2
Mandatory minimum requirements for the issue of certificates of proficiency in survival craft, rescue boats and
fast rescue boats
1. Every candidate for a certificate of proficiency in survival craft and rescue boats other than fast rescue boats shall:
1.1. be not less than 18 years of age;
1.2. have approved seagoing service of not less than 12 months or have attended an approved training course and
have approved seagoing service of not less than six months; and
1.3. meet the standard of competence for certificates of proficiency in survival craft and rescue boats set out in
Section A-VI/2, paragraphs 1 to 4, of the STCW Code.
2. Every candidate for a certificate of proficiency in fast rescue boats shall:
2.1. be the holder of a certificate of proficiency in survival craft and rescue boats other than fast rescue boats;
2.2. have attended an approved training course; and
2.3. meet the standard of competence for certificates of proficiency in fast rescue boats set out in Section A-VI/2,
paragraphs 7 to 10, of the STCW Code.
Regulation VI/3
Mandatory minimum requirements for training in advanced firefighting
1. Seafarers designated to control firefighting operations shall have successfully completed advanced training in tech
niques for fighting fire with particular emphasis on organisation, tactics and command in accordance with the
provisions of Section A-VI/3 paragraphs 1 to 4 of the STCW Code and shall meet the standard of competence
specified therein.
2. Where training in advanced firefighting is not included in the qualifications for the certificate to be issued, a certificate
of proficiency shall be issued indicating that the holder has attended a course of training in advanced firefighting.
Regulation VI/4
Mandatory minimum requirements relating to medical first aid and medical care
1. Seafarers designated to provide medical first aid on board ship shall meet the standard of competence in medical first
aid specified in Section A-VI/4, paragraphs 1, 2 and 3, of the STCW Code.
2. Seafarers designated to take charge of medical care on board ship shall meet the standard of competence in medical
care on board ships specified in Section A-VI/4, paragraphs 4, 5 and 6, of the STCW Code.
3. Where training in medical first aid or medical care is not included in the qualifications for the certificate to be issued, a
certificate of proficiency shall be issued indicating that the holder has attended a course of training in medical first aid
or in medical care.

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Regulation VI/5
Mandatory minimum requirements for the issue of certificates of proficiency for ship security officers
1. Every candidate for a certificate of proficiency as ship security officer shall:
1.1. have approved seagoing service of not less than 12 months or appropriate seagoing service and knowledge of
ship operations; and
1.2. meet the standard of competence for certification of proficiency as ship security officer, set out in Section A-VI/5,
paragraphs 1 to 4, of the STCW Code.
2. Member States shall ensure that every person found qualified under the provisions of this regulation is issued with a
certificate of proficiency.
Regulation VI/6
Mandatory minimum requirements for security related training and instruction for all seafarers
1. Seafarers shall receive security-related familiarisation and security-awareness training or instruction in accordance with
Section A-VI/6, paragraphs 1 to 4 of the STCW Code and shall meet the appropriate standard of competence specified
therein.
2. Where security awareness is not included in the qualification for the certificate to be issued, a certificate of proficiency
shall be issued indicating that the holder has attended the a course in security awareness training.
3. Every Member State shall compare the security-related training or instruction it requires of seafarers who hold or can
document qualifications before the entry into force of this Directive, with those specified in Section A-VI/6, paragraph
4 of the STCW Code, and shall determine the need for requiring these seafarers to update their qualifications.
Seafarers with designated security duties
4. Seafarers with designated security duties shall meet the standard of competence specified in Section A-VI/6, paragraphs
6 to 8 of the STCW Code.
5. Where training in designated security duties is not included in the qualifications for the certificate to be issued, a
certificate of proficiency shall be issued indicating that the holder has attended a course of training for designated
security duties.
6. Every Member State shall compare the security training standards required of seafarers with designated security duties
who hold or can document qualifications before the entry into force of this directive with those specified in Section A-
VI/6, paragraph 8 of the STCW Code, and shall determine the need for requiring these seafarers to update their
qualifications.
CHAPTER VII
ALTERNATIVE CERTIFICATION
Regulation VII/1
Issue of alternative certificates
1. Notwithstanding the requirements for certification laid down in Chapters II and III of this Annex, Member States may
elect to issue or authorise the issue of certificates other than those mentioned in the regulations of those chapters,
provided that:
1.1. the associated functions and levels of responsibility to be stated on the certificates and in the endorsements are
selected from and identical to those appearing in Sections A-II/1, A-II/2, A-II/3, A-II/4, A-II/5, A-III/1, A-III/2,
A-III/3, A-III/4, A-III/5, and A-IV/2 of the STCW Code;
1.2. the candidates have completed approved education and training and meet the requirements for standards of
competence, prescribed in the relevant sections of the STCW Code and as set forth in Section A-VII/1 of this
Code, for the functions and levels that are to be stated on the certificates and in the endorsements;

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1.3. the candidates have completed approved seagoing service appropriate to the performance of the functions and
levels that are to be stated on the certificate. The minimum duration of seagoing service shall be equivalent to the
duration of seagoing service prescribed in Chapters II and III of this Annex. However, the minimum duration of
seagoing service shall be not less than as prescribed in Section A-VII/2 of the STCW Code;
1.4. the candidates for certification who are to perform the function of navigation at the operational level shall meet
the applicable requirements of the regulations in Chapter IV, as appropriate, for performing designated radio
duties in accordance with the Radio Regulations;
1.5. the certificates are issued in accordance with the requirements of Article 5 of this Directive and the provisions set
forth in Chapter VII of the STCW Code.
2. No certificate shall be issued under this chapter unless the Member State has communicated the information required
by the STCW Convention to the Commission.
Regulation VII/2
Certification of seafarers
Every seafarer who performs any function or group of functions specified in tables A-II/1, A-II/2, A-II/3, A-II/4 or A-II/5
of Chapter II or in tables A-III/1, A-III/2, A-III/3, or A-III/4 or A-III/5 of Chapter III or A-IV/2 of Chapter IV of the STCW
Code shall hold a certificate of competency or certificate of proficiency, as applicable.
Regulation VII/3
Principles governing the issue of alternative certificates
1. A Member State which elects to issue or authorise the issue of alternative certificates shall ensure that the following
principles are observed:
1.1. no alternative certification system shall be implemented unless it ensures a degree of safety at sea and has a
preventive effect as regards pollution at least equivalent to that provided by the other chapters; and
1.2. any arrangement for alternative certification issued under this chapter shall provide for the interchangeability of
certificates with tho