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Directive 2008/106/EC of the European Parliament and of the CouncilShow full title

Directive 2008/106/EC of the European Parliament and of the Council of 19 November 2008 on the minimum level of training of seafarers (recast) (Text with EEA relevance)

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After exit day there will be three versions of this legislation to consult for different purposes. The legislation.gov.uk version is the version that applies in the UK. The EU Version currently on EUR-lex is the version that currently applies in the EU i.e you may need this if you operate a business in the EU.

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EU Directives are being published on this site to aid cross referencing from UK legislation. After IP completion day (31 December 2020 11pm) no further amendments will be applied to this version.

  1. Introductory Text

  2. Article 1.Definitions

  3. Article 2.Scope

  4. Article 3.Training and certification

  5. Article 4. Certificate

  6. Article 5. Certificates of competency, certificates of proficiency and endorsements

  7. Article 5a. Information to the Commission

  8. Article 5b. Mutual recognition of seafarers' certificates issued by Member States

  9. Article 6.Training requirements

  10. Article 7.Principles governing near-coastal voyages

  11. Article 8.Prevention of fraud and other unlawful practices

  12. Article 9.Penalties or disciplinary measures

  13. Article 10.Quality standards

  14. Article 11. Medical standards

  15. Article 12. Revalidation of certificates of competency and certificates of proficiency

  16. Article 13.Use of simulators

  17. Article 14.Responsibilities of companies

  18. Article 15. Fitness for duty

  19. Article 16.Dispensation

  20. Article 17.Responsibilities of Member States with regard to training and assessment

  21. Article 18.On-board communication

  22. Article 19. Recognition of certificates of competency and certificates of proficiency

  23. Article 20.Non-compliance with the requirements of the STCW Convention

  24. Article 21.Reassessment

  25. Article 22.Port State control

  26. Article 23.Port State control procedures

  27. Article 24.Detention

  28. Article 25.Regular monitoring of compliance

  29. Article 25a. Information for statistical purposes

  30. Article 26. Evaluation report

  31. Article 27. Amendment

  32. Article 27a. Exercise of the delegation

  33. Article 28. Committee procedure

  34. Article 29. Penalties

  35. Article 30. Transitional provisions

  36. Article 31.Communication

  37. Article 32.Repeal

  38. Article 33. Entry into force

  39. Article 34.Addressees

    1. ANNEX I

      TRAINING REQUIREMENTS OF THE STCW CONVENTION, REFERRED TO IN ARTICLE 3

      1. CHAPTER I GENERAL PROVISIONS

        1. 1. The Regulations referred to in this Annex are supplemented by...

        2. 2. Part A of the STCW Code contains standards of competence...

      2. CHAPTER II MASTER AND DECK DEPARTMENT

        1. Regulation II/1 Mandatory minimum requirements for certification of officers in charge of...

          1. 1. Every officer in charge of a navigational watch serving on...

          2. 2. Every candidate for certification shall:

        2. Regulation II/2 Mandatory minimum requirements for certification of masters and chief mates...

          1. Master and chief mate on ships of 3000 gross tonnage...

            1. 1. Every master and chief mate on a seagoing ship of...

            2. 2. Every candidate for certification shall:

          2. Master and chief mate on ships of between 500 and...

            1. 3. Every master and chief mate on a seagoing ship of...

            2. 4. Every candidate for certification shall:

        3. Regulation II/3 Mandatory minimum requirements for certification of officers in charge of...

          1. Ships not engaged on near-coastal voyages

            1. 1. Every officer in charge of a navigational watch serving on...

            2. 2. Every master serving on a seagoing ship of less than...

          2. Ships engaged on near-coastal voyages

            1. Officer in charge of a navigational watch

              1. 3. Every officer in charge of a navigational watch on a...

              2. 4. Every candidate for certification as officer in charge of a...

            2. Master

              1. 5. Every master serving on a seagoing ship of less than...

              2. 6. Every candidate for certification as master on a seagoing ship...

            3. Exemptions

              1. 7. The Administration, if it considers that a ship’s size and...

        4. Regulation II/4 Mandatory minimum requirements for certification of ratings forming part of...

          1. 1. Every rating forming part of a navigational watch on a...

          2. 2. Every candidate for certification shall:

          3. 3. The seagoing service, training and experience required by points 2.2.1...

        5. Regulation II/5 Mandatory minimum requirements for certification of ratings as able seafarer...

          1. 1. Every able seafarer deck serving on a seagoing ship of...

          2. 2. Every candidate for certification shall:

          3. 3. Every Member State shall compare the standards of competence which...

          4. 4. Until 1 January 2017 , a Member State which is...

          5. 5. Seafarers may be considered by the Member State to have...

      3. CHAPTER III ENGINE DEPARTMENT

        1. Regulation III/1 Mandatory minimum requirements for certification of officers in charge of...

          1. 1. Every officer in charge of an engineering watch in a...

          2. 2. Every candidate for certification shall:

        2. Regulation III/2 Mandatory minimum requirements for certification of chief engineer officers and...

          1. 1. Every chief engineer officer and second engineer officer on a...

          2. 2. Every candidate for certification shall:

        3. Regulation III/3 Mandatory minimum requirements for certification of chief engineer officers and...

          1. 1. Every chief engineer officer and second engineer officer on a...

          2. 2. Every candidate for certification shall:

          3. 3. Every engineer officer who is qualified to serve as second...

        4. Regulation III/4 Mandatory minimum requirements for certification of ratings forming part of...

          1. 1. Every rating forming part of an engine-room watch or designated...

          2. 2. Every candidate for certification shall:

          3. 3. The seagoing service, training and experience required by points 2.2.1...

        5. Regulation III/5 Mandatory minimum requirements for certification of ratings as able seafarer...

          1. 1. Every able seafarer engine serving on a seagoing ship powered...

          2. 2. Every candidate for certification shall:

          3. 3. Every Member State shall compare the standards of competence which...

          4. 4. Seafarers may be considered by the Member State to have...

        6. Regulation III/6 Mandatory minimum requirements for certification of electro-technical officer

          1. 1. Every electro-technical officer serving on a seagoing ship powered by...

          2. 2. Every candidate for certification shall:

          3. 3. Every Member State shall compare the standards of competence which...

          4. 4. Seafarers may be considered by the Member State to have...

          5. 5. Notwithstanding the above requirements of paragraphs 1 to 4, a...

        7. Regulation III/7 Mandatory minimum requirements for certification of electro-technical rating

          1. 1. Every electro-technical rating serving on a seagoing ship powered by...

          2. 2. Every candidate for certification shall:

          3. 3. Every Member State shall compare the standards of competence which...

          4. 4. Seafarers may be considered by the Member State to have...

          5. 5. Notwithstanding the above requirements of paragraphs 1 to 4, a...

      4. CHAPTER IV RADIO COMMUNICATION AND RADIO OPERATORS

        1. Explanatory note

        2. Regulation IV/1 Application

          1. 1. Except as provided in point 2, the provisions of this...

          2. 2. Radio operators on ships not required to comply with the...

        3. Regulation IV/2 Mandatory minimum requirements for certification of GMDSS radio operators

          1. 1. Every person in charge of or performing radio duties on...

          2. 2. In addition, every candidate for certification of competency under this...

      5. CHAPTER V SPECIAL TRAINING REQUIREMENTS FOR PERSONNEL ON CERTAIN TYPES OF SHIPS...

        1. Regulation V/1-1 Mandatory minimum requirements for the training and qualifications of masters,...

          1. 1. Officers and ratings assigned specific duties and responsibilities related to...

          2. 2. Every candidate for a certificate in basic training for oil...

          3. 3. Masters, chief engineer officers, chief mates, second engineer officers and...

          4. 4. Every candidate for a certificate in advanced training for oil...

          5. 5. Masters, chief engineer officers, chief mates, second engineer officers and...

          6. 6. Every candidate for a certificate in advanced training for chemical...

          7. 7. Member States shall ensure that a certificate of proficiency is...

        2. Regulation V/1-2 Mandatory minimum requirements for the training and qualifications of masters,...

          1. 1. Officers and ratings assigned specific duties and responsibilities related to...

          2. 2. Every candidate for a certificate in basic training for liquefied...

          3. 3. Masters, chief engineer officers, chief mates, second engineer officers and...

          4. 4. Every candidate for a certificate in advanced training for liquefied...

          5. 5. Member States shall ensure that a certificate of proficiency is...

        3. Regulation V/2 Mandatory minimum requirements for the training and qualifications of masters,...

          1. 1. This Regulation applies to masters, officers, ratings and other personnel...

          2. 2. Before being assigned shipboard duties, all persons serving on a...

          3. 3. Masters, officers, ratings and other personnel serving on board passenger...

          4. 4. Masters, officers, ratings and other personnel who are required to...

          5. 5. Personnel serving on board passenger ships shall complete passenger ship...

          6. 6. Personnel providing direct service to passengers in passenger spaces on...

          7. 7. Masters, officers, ratings qualified in accordance with Chapters II, III...

          8. 8. Masters, chief engineer officers, chief mates, second engineer officers and...

          9. 9. Masters, chief engineer officers, chief mates, second engineer officers and...

          10. 10. Member States shall ensure that documentary evidence of the training which...

        4. Regulation V/3 Mandatory minimum requirements for the training and qualifications of masters,...

          1. 1. This Regulation applies to masters, officers and ratings and other...

          2. 2. Prior to being assigned shipboard duties on board ships subject...

          3. 3. All seafarers serving on board ships subject to the IGF...

          4. 4. Seafarers responsible for designated safety duties associated with the care,...

          5. 5. Every candidate for a certificate in basic training for service...

          6. 6. Seafarers responsible for designated safety duties associated with the care,...

          7. 7. Masters, engineer officers and all personnel with immediate responsibility for...

          8. 8. Every candidate for a certificate in advanced training for service...

          9. 9. Masters, engineer officers and any person with immediate responsibility for...

          10. 10. Member States shall ensure that a certificate of proficiency is issued...

          11. 11. Seafarers holding certificates of proficiency in accordance with paragraph4 or 7...

        5. Regulation V/4 Mandatory minimum requirements for the training and qualifications of masters...

          1. 1. Masters, chief mates and officers in charge of a navigational...

          2. 2. Every candidate for a certificate in basic training for ships...

          3. 3. Masters and chief mates on ships operating in polar waters...

          4. 4. Every candidate for a certificate in advanced training for ships...

          5. 5. Member States shall ensure that a certificate of proficiency is issued...

          6. 6. Until  1 July 2020 , seafarers who commenced approved seagoing service in...

          7. 7. Until  1 July 2020 , seafarers who commenced approved seagoing service in...

      6. CHAPTER VI EMERGENCY, OCCUPATIONAL SAFETY, SECURITY, MEDICAL CARE AND SURVIVAL FUNCTIONS

        1. Regulation VI/1 Mandatory minimum requirements for safety familiarisation, basic training and instruction...

          1. 1. Seafarers shall receive familiarisation and basic training or instruction in...

          2. 2. Where basic training is not included in the qualification for...

        2. Regulation VI/2 Mandatory minimum requirements for the issue of certificates of proficiency...

          1. 1. Every candidate for a certificate of proficiency in survival craft...

          2. 2. Every candidate for a certificate of proficiency in fast rescue...

        3. Regulation VI/3 Mandatory minimum requirements for training in advanced firefighting

          1. 1. Seafarers designated to control firefighting operations shall have successfully completed...

          2. 2. Where training in advanced firefighting is not included in the...

        4. Regulation VI/4 Mandatory minimum requirements relating to medical first aid and medical...

          1. 1. Seafarers designated to provide medical first aid on board ship...

          2. 2. Seafarers designated to take charge of medical care on board...

          3. 3. Where training in medical first aid or medical care is...

        5. Regulation VI/5 Mandatory minimum requirements for the issue of certificates of proficiency...

          1. 1. Every candidate for a certificate of proficiency as ship security...

          2. 2. Member States shall ensure that every person found qualified under...

        6. Regulation VI/6

          1. Mandatory minimum requirements for security related training and instruction for...

            1. 1. Seafarers shall receive security-related familiarisation and security-awareness training or instruction...

            2. 2. Where security awareness is not included in the qualification for...

            3. 3. Every Member State shall compare the security-related training or instruction...

          2. Seafarers with designated security duties

            1. 4. Seafarers with designated security duties shall meet the standard of...

            2. 5. Where training in designated security duties is not included in...

            3. 6. Every Member State shall compare the security training standards required...

      7. CHAPTER VII ALTERNATIVE CERTIFICATION

        1. Regulation VII/1 Issue of alternative certificates

          1. 1. Notwithstanding the requirements for certification laid down in Chapters II...

          2. 2. No certificate shall be issued under this chapter unless the...

        2. Regulation VII/2 Certification of seafarers

        3. Regulation VII/3 Principles governing the issue of alternative certificates

          1. 1. A Member State which elects to issue or authorise the...

          2. 2. The principle of interchangeability in point 1 shall ensure that:...

          3. 3. In issuing any certificate under the provisions of this chapter...

          4. 4. The principles contained in points 1 and 2 shall ensure...

    2. ANNEX II

      CRITERIA FOR THE RECOGNITION OF THIRD COUNTRIES THAT HAVE ISSUED A CERTIFICATE OR UNDER THE AUTHORITY OF WHICH WAS ISSUED A CERTIFICATE, REFERRED TO IN ARTICLE 19(2)

      1. 1. The third country must be a Party to the STCW...

      2. 2. The third country must have been identified by the Maritime...

      3. 3. The Commission, assisted by the European Maritime Safety Agency and...

      4. 4. The Member State is in the process of agreeing an...

      5. 5. The Member State has introduced measures to ensure that seafarers...

      6. 6. If a Member State wishes to supplement assessment of compliance...

    3. ANNEX III

      1. PART A

      2. PART B

    4. ANNEX IV

    5. ANNEX V

      TYPE OF INFORMATION TO BE COMMUNICATED TO THE COMMISSION FOR STATISTICAL PURPOSES

      1. 1. Where reference is made to this Annex, the following information...

      2. 2. Member States may provide, on a voluntary basis, information on...

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