Directive 2008/106/EC of the European Parliament and of the CouncilShow full title

Article 23 U.K. Port State control procedures

1. Without prejudice to Directive 95/21/EC, port State control pursuant to Article 22 shall be limited to the following:

[F1 (a) verification that every seafarer serving on board who is required to hold a certificate of competency and/or a certificate of proficiency in accordance with the STCW Convention holds such a certificate of competency or valid dispensation and/or certificate of proficiency, or provides documentary proof that an application for an endorsement attesting recognition of a certificate of competency has been submitted to the authorities of the flag State;]

(b) verification that the numbers and certificates of the seafarers serving on board are in accordance with the safe-manning requirements of the authorities of the flag State.

[F1 2. The ability of the ship’s seafarers to maintain watchkeeping and security standards, as appropriate, 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 such standards are not being maintained because any of the following has occurred:]

(a) the ship has been involved in a collision, grounding or stranding;

(b) there has been a discharge of substances from the ship when under way, at anchor or at berth which is illegal under an international convention;

(c) the ship has been manoeuvred in an erratic or unsafe manner whereby routing measures adopted by the IMO, or safe navigation practices and procedures have not been followed;

[F1 (d) the ship is otherwise being operated in such a manner as to pose a danger to persons, property or the environment, or to compromise security;]

(e) a certificate has been fraudulently obtained or the holder of a certificate is not the person to whom that certificate was originally issued;

(f) the ship is flying the flag of a country which has not ratified the STCW Convention, or has a master, officer or rating holding a certificate issued by a third country which has not ratified the STCW Convention.

3. Notwithstanding verification of the certificate, assessment under paragraph 2 may require the seafarer to demonstrate the relevant competence at the place of duty. Such a demonstration may include verification that operational requirements in respect of watchkeeping standards have been met and that there is a proper response to emergency situations within the seafarer’s level of competence.

Textual Amendments

F1 Substituted by 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).