S.I. No. 553/1998:

MERCHANT SHIPPING (TRAINING AND CERTIFICATION) REGULATIONS, 1998

MERCHANT SHIPPING (TRAINING AND CERTIFICATION) REGULATIONS, 1998

I, MICHAEL WOODS, Minister for the Marine and Natural Resources, in exercise of the powers conferred on me by section 12 of the Merchant Shipping Act, 1947 (No. 46 of 1947), and sections 3 (2) and 8 of the Merchant Shipping (Certification of Seamen) Act, 1979 (No. 37 of 1979), as adapted by the Ministers and Secretaries (Amendment) Act, 1983 (No. 40 of 1983) and the Marine (Alteration of Name of Department and Title of Minister) Order, 1997 ( S.I. No. 301 of 1997 ), hereby make the following regulations:

1. (1) These Regulations may be cited as the Merchant Shipping (Training and Certification) Regulations, 1998.

(2) The Regulations set out in the Schedule to these Regulations are hereby revoked.

(3) Notwithstanding the Regulations revoked by paragraph (2)-

(a) certificates and licences granted, endorsements made and standards of competency and training already met, under the Regulations so revoked and specified in a Marine Notice made pursuant to those Regulations shall be treated as equivalent to the corresponding certificates, endorsements, appropriate certificates, standards of competency or training, referred to in these Regulations, as shall be provided for in a Marine Notice, and shall, subject to Regulation 6, remain of full validity, until 1st day of February, 2002, and

(b) seafarers who commence-

(i) seagoing service as part of an approved training programme, or

(ii) the shore-based phase of an approved training programme,

before 1st day of August, 1998, may be issued with certificates, or have certificates recognised or endorsed, as if the Regulations set out in the Schedule had not been revoked and the provisions of paragraph (a) shall apply to such certificates.

2. (1) In these Regulations, except where the context otherwise requires-

"appropriate certificate" means a certificate issued and endorsed in accordance with the provisions of these Regulations and entitling the lawful holder thereof to serve in the capacity and perform the functions involved at the level of responsibility specified therein on a ship. of the type, tonnage or power and means of propulsion indicated by the endorsement while engaged on the particular voyage concerned;

"approved" means approved by the Minister;

"certificate of competency" means an appropriate certificate issued by the Minister for the purposes of Regulation 4, other than a certificate of equivalent competency;

"certificate of equivalent competency" means an document entitled "certificate of equivalent competency" issued under Regulation 5(3);

"chemical tanker" means a ship constructed or adapted and used for the carriage in bulk of any Liquid product listed in chapter 17 of the IBC Code;

"constructed" means a craft the keel of which is laid or which is at a similar stage of construction; and "similar stage of construction" means a stage at which-

(a) construction identifiable with a specific craft begins, and

(b) assembly of that craft has commenced comprising at least 50 tonnes or 1 per cent of the estimated mass of all structural material, whichever is the less;

"fast rescue boat" means a rescue boat which is-

(a) not less than 6 metres in length and not more than 8.5 metres in length, and

(b) capable of manoeuvring, for at least 4 hours, at a speed of at least 20 knots in calm water with a suitably qualified crew of 3 persons and at least 8 knots with a full complement of persons and equipment;

"GT" means gross tons, and-

(a) the gross tonnage of a ship having alternative gross tonnages shall be the larger of those tonnages;

(b) in the case of a ship having its gross tonnage determined both under Part II of the Merchant Shipping (Tonnage) Regulations 1984 ( S.I. No. 369 of 1984 ), and Regulation 6 of the Merchant Shipping (Tonnage Regulations, 1984) (Amendment) Regulations 1994, ( S.I. No. 4 of 1994 ), its gross tonnage as determined under the said Regulation 6;

"high speed craft" has the meaning provided for in paragraph 1.4.24 of the 1995 edition of the International Code of Safety for High-Speed Craft (HSC Code) published by the International Maritime Organisation;

"IBC Code" means the Fourth Edition of the International Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk published by the International Maritime Organisation in 1994;

"IGC Code" means the Second Edition of the International Code for the Construction and Equipment of Ships Carrying Liquefied Gases in Bulk, published by the International Maritime Organisation in 1993;

"liquefied gas tanker" means a ship constructed or adapted and used for the carriage in bulk of any liquefied gas or other product listed in chapter 19 of the IGC Code;

"Marine Notice" means a Notice described as such and issued by the Department of the Marine and Natural Resources and, where the context so permits or requires, a notice so issued before the making of these Regulations;

"MARPOL" means the International Convention for the Prevention of Pollution from Ships done at London on the 2nd day of November, 1973, and the Protocol thereto done at London on 17th day of February, 1978;

"near-coastal voyage" means a voyage during which the vessel is at any time during the voyage not more than 170 nautical miles from the coast of the State or not more than 30 nautical miles from the coast of the United Kingdom;

"oil" means oils as defined in MARPOL Annex I, other than oil-like substances which are subject to either or both-

(a) the Merchant Shipping (Dangerous Goods) Rules, 1992 ( S.I. No. 391 of 1992 ), and

(b) the European Communities (Minimum Requirements for Vessels Carrying Dangerous or Polluting Goods) Regulations, 1995( S.I. No. 229 of 1995 );

"oil tanker" means a ship constructed or adapted primarily to carry oil in bulk in its cargo spaces and includes a combination carrier when it is carrying a cargo or part cargo of oil in bulk;

"passenger ship" means a ship carrying more than 12 passengers;

"propulsion power" means the total maximum continuous rated output power in kilowatts of all the ship's main propulsion power which appears on the ship's certificate of registry or other official document;

"ro-ro passenger ship" means a passenger ship with ro-ro cargo spaces or special category spaces, within the meaning of the Merchant Shipping (Passenger Ship Construction and Survey) Rules, 1985 ( S.I. No. 274 of 1985 );

"sea going" means going to sea beyond the limits of smooth or partially smooth waters as defined in the Merchant Shipping (Life-Saving Appliances) Rules, 1993;

"specified by the Minister" means specified by the Minister in a Marine Notice;

"SOLAS Convention" means the International Convention for Safety of Life at Sea which was adopted by the International Conference on Safety of Life at Sea on the 1st day of November, 1974 and entered into force on the 25th day of May, 1980, and subsequently amended, the second edition of which was published by International Maritime Organisation in 1997;

"STCW Code" means the Seafarers' Training, Certification and Watchkeeping Code adopted by resolution 2 of the Conference (convened in London by the International Maritime Organisation) of Parties to the International Convention on the Standards of Training, Certification and Watchkeeping for Seafarers, on the 7th day of July, 1995;

"STCW Convention" means the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers which was adopted by the International Conference on Training and Certification of Seafarers on the 7th day of July, 1978, and as subsequently amended by amendments which were-

(a) adopted in 1991 and entered into force on the 1st day of December, 1992,

(b) adopted in 1994 and entered into force on the 1st day of January, 1996, and

(c) adopted on the 7th day of July, 1995, by resolution 1 of the Conference (convened in London by the International Maritime Organisation) of Parties to the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers;

"survival craft" and "rescue boat" have the same meanings, respectively, as in the Merchant Shipping (Life-Saving Appliances) Rules, 1993 ( S.I. No. 380 of 1993 );

"tanker" means a chemical tanker, a liquefied gas tanker or an oil tanker.

(2) (a) A reference in these Regulations to a Regulation or the Schedule is to a Regulation of, or the Schedule to, these Regulations unless it is indicated that a reference to some other enactment is intended.

(b) A reference in these Regulations to a paragraph or subparagraph is to a paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that a reference to some other provision is intended.

3. These Regulations apply to masters and seafarers employed in sea-going ships registered in the State under the Merchant Shipping Acts, 1894 to 1997, other than-

(a) fishing vessels;

(b) a vessel primarily used for sport or recreation.

4. A person is qualified as an officer for the purposes of section 3 of the Merchant Shipping (Certification of Seamen) Act, 1979 (No. 37 of 1979), if such person holds a certificate of competency or certificate of equivalent competency or a certificate to which Regulation 1(3)(a) relates in one of the following capacities:

(a) (i) master;

(ii) chief mate;

(iii) officer in charge of a navigational watch;

or

(b) (i) chief engineer officer;

(ii) second engineer officer;

(iii) officer in charge of an engineering watch; or

(c) radio operator

5. (1) Where the Minister recognises, pursuant to the Merchant Shipping (Recognition of Certification) (STCW Convention States) Order, 1998, a certificate granted by a party to the STCW Convention the Minister shall endorse such a certificate to attest its recognition if satisfied that the requirements of the STCW Convention referred to in subparagraph (a) and (b) of paragraph (1) of Article 2 of that Order have been complied with.

(2) The endorsement referred to in paragraph (1) shall be in the form of a separate document, entitled "certificate of equivalent competency".

6. (1) The certificate of a master or other officer issued with a certificate under Regulation 4 shall not be valid for sea going service unless revalidated at intervals not exceeding 5 years to establish continued professional competence in accordance with section A-I/11 of the STCW Code.

(2) Every master and officer shall, for continuing sea-going service on ships referred to in Regulations 9 and 10, successfully complete approved refresher training at intervals specified by the Minister.

7. (1) Any officer serving in the capacity set out-

(a) in the case of the master and deck department in column 1 of Part A of the Table to this Regulation, and

(b) in the case of the engine department in column 1 of Part B of that Table to this Regulation,

shall hold an appropriate certificate for that capacity.

(2) A person shall only be entitled to be issued with such an appropriate certificate if he or she complies with the criteria in Regulations annexed to the STCW Convention, set out in column 2 of the Table to this Regulation in relation to that entry and any other requirements specified by the Minister.

TABLE OF CRITERIA FOR APPROPRIATE CERTIFICATES

PART A

TABLE OF CRITERIA FOR APPROPRIATE CERTIFICATES

PART B

8. (1) (a) Every rating forming part of a navigational watch on a ship of 500 GT or more, other than ratings under training and ratings whose duties while on watch are of an unskilled nature, shall hold a certificate issued under this paragraph.

(b) No person shall be entitled to be issued with a certificate as such a rating unless he or she complies with the criteria set out in Regulation II/4.2 in the Annex to the STCW Convention.

(2) (a) Every rating forming part of an engine-room watch or designated to perform duties in a periodically unmanned engine-room on a 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 hold a certificate issued under this paragraph.

(b) No person shall be entitled to be issued with a certificate as such a rating unless he or she complies with the criteria set out in Regulation III/4.2 in the Annex to the STCW Convention.

(3) Any person designated to perform watchkeeping duties in a manned or periodically unmanned engine-room on a ship powered by main propulsion machinery of 350 kW power, or more, but less than 750 kW shall be the holder of the engineering certificates of competency referred to in Regulation 7 or be the holder of a marine engine operator's licence issued in compliance with criteria specified by the Minister.

9. (1) Officers and ratings assigned specific duties and responsibilities related to cargo or cargo equipment on tankers shall have completed an approved shore-based advanced fire-fighting course in addition to the minimum training required by section A-VI/1 of the STCW Code and shall have completed-

(a) at least 3 months of approved seagoing service on tankers in order to acquire adequate knowledge of safe operational practices; or

(b) an approved tanker familiarisation course covering at least the syllabus given for that course in section A-V/1 of the STCW Code.

(2) The period of 3 months referred to in paragraph (1)(a) may be reduced to not less than one month if -

(a) the tanker on which such service is performed is of less than 3,000 GT,

(b) the duration of each voyage of the tanker on which such approved service is performed does not exceed 72 hours, and

(c) the operational characteristics of the tanker on which such approved service is performed and the number of voyages and loading and discharging operations completed during the period, allow the same level of knowledge and experience to be acquired as would have been acquired in approved service performed in accordance with paragraph (1)(a) on a tanker of a size, and performing voyages, not falling within sub-paragraphs (i) and (ii).

(3) Masters, chief engineer officers, chief mates, second engineer officers and any person with immediate responsibility for loading, discharging and care in transit or handling of cargo on tankers shall, in addition to meeting the requirements of paragraph (1), -

(a) have experience appropriate to their respective duties on the type of tanker on which they serve, and

(b) have each completed an approved specialised training programme which at least covers such of the matters set out in the syllabus given in section A-V/ 1 of the STCW Code that are appropriate to their respective duties on the tanker on which they serve.

(4) An appropriate certificate shall be issued to masters and officers who are qualified in accordance with paragraph (1) or (3), or their existing certificate shall be endorsed, and every rating who is so qualified shall be certificated.

10. (1) This Regulation applies to masters, officers, ratings and other personnel serving on board ro-ro passenger ships.

(2) Prior to being assigned shipboard duties on board ro-ro passenger ships, every seafarer shall have completed the training required by paragraphs (4) to (8) in accordance with his or her seafaring capacity, duties and responsibilities.

(3) Seafarers who are required to be trained in accordance with paragraphs (4), (7) and (8) shall, at intervals not exceeding 5 years, undertake appropriate refresher training.

(4) Masters, officers and other personnel designated on muster lists to assist passengers in emergency situations on board ro-ro passenger ships shall each have completed training in crowd management as specified in section A-V/2, paragraph 1 of the STCW Code.

(5) Masters, officers and other personnel assigned specific duties and responsibilities on board ro-ro passenger ships shall have completed the familiarisation training specified in section A V/2, paragraph 2 of the STCW Code.

(6) Personnel providing direct service to passengers in passenger spaces on board ro-ro passenger ships shall have completed the safety training 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 responsibility for embarking and disembarking passengers, loading, discharging or securing cargo, or closing hull openings on board ro-ro passenger ships shall each 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) Masters, chief mates, chief engineer officers, second engineer officers and any person having responsibility for the safety of passengers in emergency situations on board ro-ro passenger ships shall have completed approved training in crisis management and human behaviour as specified in section A-V/2, paragraph 5 of the STCW Code.

(9) It shall be the duty of any person providing the training referred to in this Regulation to issue documentary evidence to every person successfully completing such training.

11. (1) This Regulation applies to masters and officers, ratings and other personnel serving on board high-speed craft which are ships constructed on or after 1st day of January, 1996.

(2) Prior to being assigned shipboard duties on board high-speed craft, masters, officers, ratings and other personnel shall have completed the training specified by the Minister.

(3) (a) It shall be the duty of any person providing the training referred to in this Regulation to issue documentary evidence to every person successfully completing such training.

(b) In the case of masters, and of officers having an operational role on high speed craft, the documentary evidence shall be a certificate in a form specified by the Minister and shall be endorsed in a manner specified by the Minister.

12. All seafarers shall receive familiarisation and basic safety training or instruction in accordance with section A-VI/1 of the STCW Code and shall meet the appropriate standard of competence specified therein.

13. (1) (a) Every person designated to launch or take charge of survival craft or rescue boats other than fast rescue boats shall have a certificate of proficiency in such craft.

(b) No person shall be granted such a certificate unless he or she meets the mandatory minimum requirements set out in Regulation V½.1 in the Annex to the STCW Convention.

(2) (a) Every person designated to launch or take charge of a fast rescue boat shall have a certificate of proficiency in such boats.

(b) No person shall be granted such a certificate unless he or she meets the mandatory minimum requirements set out Regulation VI/2.2 in the Annex to the STCW Convention.

14. (1) Seafarers designated to control fire-fighting operations shall have successfully completed advanced training in techniques for fighting fire with particular emphasis on organisation, tactics and command in accordance with the provisions of section A-VI/3 of the STCW Code and shall meet the standard of competence specified therein.

(2) Where training in advanced fire fighting is not included in the qualification for the certificate to be issued, a special certificate or documentary evidence, as appropriate, shall be issued indicating that the holder has attended a course of training in advanced fire fighting.

15. (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 to 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 to 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 special certificate or documentary evidence, as appropriate, shall be issued indicating that the holder has attended a course of training in medical first aid or in medical care.

16. (1) A certificate or endorsement shall remain valid for sea-going service only so long as the holder can comply with the standards and conditions as to medical fitness and professional competency to act in the appropriate capacity specified by the Minister.

(2) A record of all certificates and endorsements, which are issued under these Regulations or have expired or have been revalidated, suspended, cancelled, or reported lost or destroyed and any alteration of or any other matters affecting any such certificates or endorsements, shall be kept, in such manner as the Minister may require, or by such other person as the Minister may direct.

(3) Where the holder of a certificate is issued with an appropriate certificate at a higher level he or she shall surrender the first-mentioned certificate to the Minister or to such person as the Minister directs, for cancellation.

(4) Where a person is convicted of an offence under section 3 (3) of the Merchant Shipping (Certification of Seamen) Act, 1979 (No. 37 of 1979), or where a certificate or endorsement is issued and the conditions for its issue prescribed in these Regulations or specified by the Minister have not been complied with, then the holder of the relevant certificate shall, at the direction of the Minister deliver it to the Minister or to such person as the Minister directs, for cancellation.

17. (1) Notwithstanding that an applicant for a certificate of competency or for a certificate of equivalent competency complies with the standards or fulfils the conditions specified by, or by virtue of, these Regulations the Minister shall not issue or revalidate the appropriate certificate applied for unless satisfied, having regard to all the relevant circumstances, that the applicant is a fit person to be the holder of the certificate and to act in the capacity to which it relates.

(2) If the Minister intends to refuse the issue or revalidation of a certificate of competency or certificate of equivalent competency for any reason, the Minister shall give notice in writing to the applicant who shall have the right, before a date specified in the notice, to require the application to be reviewed at an inquiry.

(3) If an applicant, before the date mentioned in paragraph (2) above, has required his case to be reviewed at an inquiry, in pursuance of that paragraph the Minister shall cause such an inquiry to be held by one or more persons appointed by the Minister.

18. If a person entitled to a certificate loses or is deprived of a certificate already issued to him or her, the Minister-

(a) shall, if satisfied that the person has lost or been deprived of the certificate without fault on his or her part, and

(b) may, if not so satisfied,

upon receipt of any fee payable, cause a certificated copy to which the person appears to be entitled to be issued to him or her.

19. In the case of a certificate issued by the Minister the certificate shall be endorsed by the Minister in accordance with the STCW Convention if the Minister is satisfied that the holder of the certificate complies with the requirements of Regulation 7.

SCHEDULE

REGULATIONS REVOKED

Regulation 1 (2)

Merchant Shipping (Tankers - Officers and Ratings) Regulations 1984 ( S.I. No. 190 of 1984 );

Merchant Shipping (Engine Room Watch Ratings) Regulations 1984 ( S.I. No. 189 of 1984 );

Merchant Shipping (Navigational Watch Ratings) Regulations 1984 ( S.I. No. 188 of 1984 );

Merchant Shipping (Certificates of Proficiency in Survival Craft) Regulations 1984 ( S.I. No. 191 of 1984 );

Merchant Shipping (Certification of Deck Officers) Regulations 1988 ( S.I. No. 368 of 1988 );

Merchant Shipping (Certification of Marine Engineer Officers and Marine Engine Operators) Regulations 1988 ( S.I. No. 369 of 1988 );

Merchant Shipping (Certification of Deck Officers) (Amendment) Regulations 1994 ( S.I. No. 264 of 1994 );

Merchant Shipping (Certification of Marine Engineer Officers and Marine Engine Operators (Amendment) Regulations 1994 ( S.I. No. 265 of 1994 ).

Given under my Official Seal, this 30 th day of December, 1998.

Michael Woods

Minister for the Marine and Natural Resources

EXPLANATORY NOTE

These Regulations set out a new certification structure for seafarers which reflects the requirements of STCW' 95 and a number of related EU Directives. They provide for a standardised certification document which will be issued to all seafarers of every qualification.

The Regulations revoke the Merchant Shipping (Certification of Deck Officers) Regulations, ( S.I. No. 368 of 1988 ), and the Merchant Shipping (Certification of Marine Engineer Officers and Marine Engine Operators) Regulations 1988 ( S.I. No. 369 of 1988 ) and other related Regulations. Provision is made for the continuing validity of certificates of competency issued under those Regulations.