Citation and commencement

1. These Regulations may be cited as the Merchant Shipping (Training and Certification) (Amendment) Regulations 2008 and come into force on 2nd December 2008.

Amendment of the Merchant Shipping (Training and Certification) Regulations 1997

2.–(1) The Merchant Shipping (Training and Certification) Regulations 1997(5) are amended as follows.

(2) In regulation 5 (recognition of certificates issued by EEA States)(6)–

(a) in paragraph (1), for "may" substitute "must";

(b) in paragraph (1)(a), after "issued" insert "in accordance with the requirements of the Directive";

(c) in paragraph (1)(b), for "paragraph (2)" substitute "paragraphs (2) and (3)";

(d) for paragraphs (2) and (3) substitute–

"(2) Subject to paragraphs (4) and (5), 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;

(3) The Secretary of State must not issue a certificate of equivalent competency to an applicant unless that 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.";

(e) in paragraph (4) for "of maritime legislation and administrative procedures" substitute "maritime legislation in accordance with paragraph (2)";

(f) in paragraph (5), delete "and administrative procedures".

(3) In regulation 5A (recognition of certificates issued by other states)(7)–

(a) in paragraph (2)(a)–

(i) delete "certificates issued by", and

(ii) for "are" substitute "is";

(b) in paragraph (2)(a) and (c) for "Article 18" substitute "Article 18(3)";

(c) in paragraph (2)(c)–

(i) for "paragraph (5)" substitute "paragraph (7)", and

(ii) delete "certificates issued by";

(d) in paragraph (7)(b)–

(i) delete "certificates issued by", and

(ii) insert "third" after "that";

(e) in paragraph (8) delete "certificates issued by";

(f) in paragraph (8)(a) for "those certificates" substitute "that recognition".

(4) In regulation 17(3) (form, validity, record and surrender of certificates) after "affecting any such certificates or endorsements" insert "and any documentary evidence of training".

(5) In regulation 18 (refusal of certificates, and appeals against refusal)–

(a) in paragraph (1)–

(i) delete "or for a certificate of equivalent competency";

(ii) for "appropriate certificate" substitute "certificate of competency";

(b) after paragraph (3) insert–

"(4) If the Secretary of State fails either to issue or revalidate a certificate of equivalent competency or to give notice in writing pursuant to paragraph (2) to an applicant for a certificate of equivalent competency within twenty eight days of the application being made, the Secretary of State shall be deemed to have refused the application and the applicant shall have the right, to request in writing before the expiry of a further twenty eight days, that the application be reviewed at an inquiry.".

(6) Regulation 21 (Designated Authority) is deleted.

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Merchant Shipping (Training and Certification) Regulations 1997 ("the 1997 Regulations").

The Regulations give effect to Directive 2005/45/EC (O.J. L255, 30.09.2005, p.160) of the European Parliament and of the Council of 7 September 2005 on the mutual recognition of seafarers´ certificates issued by the Member States and amending Directive 2001/25/EC (O.J. L136 18.05.2001, p17). Directive 2001/25/EC was given effect in the United Kingdom by the 1997 Regulations as previously amended.

The principal effects of these Regulations are as follows.

Regulation 2(2)(a) provides for the mandatory recognition of seafarers´ certificates issued by Member States of the European Economic Area.

Regulation 2(2)(d) provides that a management-level applicant for a certificate of equivalent competency is required to possess knowledge of such appropriate United Kingdom maritime legislation as is relevant to such management level functions. The provision also incorporates the language proficiency requirements of the Seafarers´ Training, Certification and Watchkeeping Code (as amended) into the Regulations.

Regulation 2(6)(b) provides for an applicant to be able to appeal if no response to an application in respect of a certificate of equivalent competency is received within 28 days.

Regulations 2(3)(b) and 2(7) update references to Directives that have been amended.

In addition, the substitution in regulation 2(3)(c)(i) and the insertion in regulation 2(3)(d)(ii) correct two specific drafting errors in the 1997 Regulations. The remaining amendments in regulation 2(2) and (3) make consequential changes and technical adjustments to bring the drafting in regulations 5 and 5A of the 1997 Regulations more closely into line with that of Directive 2001/25/EC itself.

These Regulations are made under the powers in the Merchant Shipping Act 1995 except in relation to their application to Government ships where the powers are provided by section 2(2) of the European Communities Act 1972.

An Impact Assessment of the effect this instrument will have on the costs of business and the voluntary sector has been prepared and is available from the Maritime and Coastguard Agency, Spring Place, 105 Commercial Road, Southampton, SO15 1EG.