The Merchant Shipping (Standards of Training, Certification and Watchkeeping) Regulations 2022

Recognition of certificates

Recognition of a certificate issued by an EEA State

36.—(1) The Secretary of State may recognise—

(a) a certificate of competency issued in accordance with the requirements of the Directive by or on the authority of an EEA State which is a party to the STCW Convention to a master, officer or GMDSS radio operator;

(b) a certificate of proficiency in training for tanker cargo operations issued in accordance with the requirements of the Directive by or on the authority of an EEA State which is a party to the STCW Convention; and

(c) any other certificate of proficiency issued in accordance with the requirements of the Directive by or on the authority of an EEA State which is a party to the STCW Convention.

(2) Subject to regulation 39(1) (additional requirements for a certificate of equivalent competency), where the Secretary of State recognises a certificate described in paragraph (1)(a) or (b), the Secretary of State may, on the application of a holder of such certificate, issue a certificate of equivalent competency attesting to its recognition.

(3) The Secretary of State may, before issuing a certificate of equivalent competency to an applicant performing management level functions, require the applicant to demonstrate sufficient knowledge of such United Kingdom maritime legislation as is relevant to the applicant’s management level functions.

(4) An applicant may, instead of demonstrating knowledge of United Kingdom maritime legislation in accordance with paragraph (3), choose to undergo an adaptation period of a duration specified by the Secretary of State, which must not exceed three years.

(5) If an applicant chooses to undergo an adaptation period in accordance with paragraph (4), the Secretary of State may, for the duration of that period, issue to the applicant a certificate of equivalent competency of such next lower capacity as does not require a knowledge of United Kingdom maritime legislation.

(6) In this regulation—

“management level functions” means functions of the level of responsibility associated with—

(a)

undertaking the role of a master, chief mate, chief engineer or second engineer officer on board a seagoing ship;

(b)

ensuring that all functions within the designated area of responsibility are properly performed; and

“functions within the designated area of responsibility” means the seven functions listed in paragraph 2 of the Introduction to the STCW Code.

Recognition of a certificate issued by a third party State

37.—(1) The Secretary of State may recognise a certificate described in paragraph (2) issued by or under the authority of a third party State recognised immediately before IP completion day in accordance with paragraph (3).

(2) The certificates referred to in paragraph (1) are—

(a) a certificate of competency issued to a master, officer or GMDSS radio operator;

(b) a certificate of proficiency in training for tanker cargo operations issued to a master or an officer; or

(c) any other certificate of proficiency.

(3) The Secretary of State may recognise such a certificate if—

(a) it is issued by or under the authority of a third party State which was recognised by an EEA State as at 14th June 2005 and such recognition had not, before IP completion day, been withdrawn in accordance with Article 20 of the Directive; or

(b) it is issued by or under the authority of a third party State recognised by the European Commission before IP completion day in accordance with Article 19 of the Directive and such recognition had not, before IP completion day, been withdrawn in accordance with Article 20 of the Directive.

(4) Subject to regulation 39(1) (additional requirements for a certificate of equivalent competency), where the Secretary of State recognises a certificate pursuant to paragraph (3), the Secretary of State may, on the application of a holder of such certificate, issue a certificate of equivalent competency attesting to its recognition.

(5) Where the Secretary of State recognises the standard of competence or proficiency required for the issue of a certificate by a third party State as satisfying only in part the standard required for officers qualified for the purpose of this Part, the Secretary of State may specify—

(a) additional standards which are to be attained; and

(b) the means by which such standards may be demonstrated,

for the issue of a certificate of equivalent competency.

Recognition of a party to the STCW Convention

38.—(1) This regulation applies where the Secretary of State proposes to make a decision to recognise a party to the STCW Convention to which regulation 36 (recognition of a certificate issued by an EEA State) or 37 (recognition of a certificate issued by a third party State) does not apply in order to facilitate the recognition of the certificates described in paragraph (5) issued by or under the authority of that party.

(2) Before making a decision described in paragraph (1), the Secretary of State must—

(a) collect all relevant information in order to carry out an assessment of the training and certification systems of the party to which the decision would apply in order to verify whether that party—

(i) meets all the requirements of the STCW Convention regarding standards of competence, training and certification and quality standards; and

(ii) has taken appropriate measures to prevent fraud involving certificates; and

(b) obtain an undertaking from the party to which the decision would apply that prompt notification will be given to the Secretary of State of any significant change in the arrangements for training and certification provided in accordance with the STCW Convention.

(3) The assessment described in paragraph (2)(a) may include an inspection of facilities and procedures.

(4) Where the Secretary of State is satisfied that the requirements of paragraph (2) have been met, the Secretary of State may—

(a) make a decision to recognise that party; and

(b) recognise the certificates described in paragraph (5) issued by or under the authority of that party.

(5) The certificates referred to in paragraphs (1) and (4) are—

(a) a certificate of competency issued to a master, officer or GMDSS radio operator;

(b) a certificate of proficiency in training for tanker cargo operations issued to a master or an officer; or

(c) any other certificate of proficiency.

(6) Subject to regulation 39(1) (additional requirements for a certificate of equivalent competency), where the Secretary of State recognises a certificate described in paragraph (5)(a) or (b), the Secretary of State may, on the application of a holder of such certificate, issue a certificate of equivalent competency attesting to its recognition.

(7) Where the Secretary of State recognises the standard of competence or proficiency required for the issue of a certificate by a party to the STCW Convention as satisfying only in part the standard required for officers qualified for the purpose of this Part, the Secretary of State may specify—

(a) additional standards which are to be attained; and

(b) the means by which such standards may be demonstrated,

for the issue of a certificate of equivalent competency.

Additional requirements for a certificate of equivalent competency

39.—(1) The Secretary of State must not issue a certificate of equivalent competency to an applicant under regulation 36 (recognition of a certificate issued by an EEA State), 37 (recognition of a certificate issued by a third party State) or 38 (recognition of a party to the STCW Convention) unless that applicant can demonstrate adequate knowledge of the English language as required by sections A-II/1, A-II/4, A-III/1 and A-IV/2 of the STCW Code (adequate knowledge of the English language).

(2) A certificate of equivalent competency issued under regulation 36, 37 or 38 must be in the form specified in section A-I/2, paragraph 3, of the STCW Code (form of certificate).

Withdrawal of recognition

40.—(1) The Secretary of State may, in the circumstances described in paragraph (2) and subject to paragraph (3), withdraw recognition of a party to the STCW Convention which issued a certificate described in regulation 36 (recognition of a certificate issued by an EEA State), 37 (recognition of a certificate issued by a third party State) or 38 (recognition of a party to the STCW Convention).

(2) The circumstances are that, following an evaluation of the party which issued the certificate, which may include an inspection of facilities and procedures of that party, the Secretary of State is no longer satisfied that the requirements of the STCW Convention regarding standards of competence, training and certification and quality standards are fully complied with.

(3) Where there are indications that a party may no longer comply with the requirements described in paragraph (2), the Secretary of State must notify the party that recognition of that party’s certificates will be withdrawn six months after such notification is given unless adequate measures are taken to ensure compliance with all relevant requirements of the STCW Convention.

(4) Where the Secretary of State withdraws recognition of a party in accordance with paragraph (1)—

(a) certificates of equivalent competency issued on the basis of that recognition before the date of the decision to withdraw recognition remain valid; and

(b) an officer holding a certificate of equivalent competency may not be issued with a certificate of equivalent competency of a higher grade based on a certificate issued by that party except where an officer qualifies for a certificate solely on the basis of additional sea service.