The Merchant Shipping (Standards of Training, Certification and Watchkeeping) Regulations 2015

Recognition of certificates U.K.

Recognition of a certificate issued by an EEA State U.K.

32.—(1) The Secretary of State must 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 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 paragraphs (3) and (4), on the application of a holder of a certificate described in paragraph (1) (a) or (b), the Secretary of State must issue a certificate of equivalent competency attesting to its recognition.

(3) Subject to paragraphs (5) and (6), 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) The Secretary of State must not issue a certificate of equivalent competency to an applicant unless the applicant can demonstrate possession of adequate language proficiency, in accordance with the requirements in sections A-II/1, A-III/1, A-IV/2 and A-II/4 of the STCW Code.

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

(6) If an applicant chooses to undergo an adaptation period in accordance with paragraph (5) the Secretary of State must, 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 UK maritime legislation.

(7) A certificate of equivalent competency issued under this regulation must be in the form set out in section A-I/2, paragraph 3 of the STCW Code.

(8) In this regulation—

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

(a)

serving as master, chief mate, chief engineer or second engineer officer on board a seagoing ship; and

(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 another STCW State U.K.

33.—(1) This regulation applies to the following certificates issued by or under the authority of a third party State—

(a) a certificate of competency issued to a master or an officer;

(b) a certificate of competency issued to a GMDSS radio operator; or

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

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

(a) the certificate issued by the third party State was recognised by an EEA State as at 14th June 2005 and such recognition has not been withdrawn by the Commission in accordance with Article 20 of the Directive;

(b) the third party State is recognised by the Commission in accordance with Article 19 of the Directive and such recognition has not been withdrawn in accordance with Article 20 of the Directive; or

(c) where the third party State has not been recognised, subject to paragraph (7), a request has been made to the Commission by the Secretary of State under Article 19(2) of the Directive to recognise the third party State and, following the expiry of three months from the time the request was made, no decision has been made by the Commission.

(3) Subject to paragraphs (5) and (6), where the Secretary of State recognises a certificate pursuant to paragraph (2) the Secretary of State must, on application of the holder of a certificate, issue a certificate of equivalent competency attesting to its recognition.

(4) The Secretary of State must not issue a certificate of equivalent competency to an applicant unless the applicant can demonstrate possession of adequate language proficiency, in accordance with the requirements in sections A-II/1, A-III/1, A-IV/2 and A-II/4 of the STCW Code.

(5) Where, pursuant to paragraph (2), 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 additional standards which are to be attained, and the means by which such standards may be demonstrated, for the issue of a certificate of equivalent competency.

(6) Where—

(a) the Secretary of State recognises a certificate in accordance with paragraph (2) on the basis that the condition referred to in paragraph (2)(c) applies; and

(b) the Commission decides not to recognise that third party State,

the Secretary of State must withdraw recognition of that certificate and must cancel any certificates of equivalent competency issued on the basis of that certificate.

(7) Where the Commission withdraws recognition of a third party State in accordance with Article 20 of the Directive—

(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 third party State except where an officer qualifies for a certificate solely on the basis of additional sea service.

(8) A certificate of equivalent competency issued under this regulation must be in the form set out in section A-I/2, paragraph 3 of the STCW Code.