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

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

32.—(1) The Secretary of State [F1 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 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 [F2 may] 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 [F3 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 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—

[F4 “EEA state” means a state which is an EEA state immediately before IP completion day;]

“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.

Textual Amendments

F1 Word in reg. 32(1) substituted (31.12.2020) by The Merchant Shipping (Standards of Training, Certification and Watchkeeping) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/630), regs. 1, 2(4)(a); 2020 c. 1, Sch. 5 para. 1(1)

F2 Word in reg. 32(2) substituted (31.12.2020) by The Merchant Shipping (Standards of Training, Certification and Watchkeeping) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/630), regs. 1, 2(4)(a); 2020 c. 1, Sch. 5 para. 1(1)

F3 Word in reg. 32(6) substituted (31.12.2020) by The Merchant Shipping (Standards of Training, Certification and Watchkeeping) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/630), regs. 1, 2(4)(a); 2020 c. 1, Sch. 5 para. 1(1)

F4 Words in reg. 32(8) inserted (31.12.2020) by The Merchant Shipping (Standards of Training, Certification and Watchkeeping) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/630), regs. 1, 2(4)(b) (as amended by S.I. 2020/1000, regs. 1, 8); 2020 c. 1, Sch. 5 para. 1(1)