1.Without prejudice to Directive 95/21/EC, port State control pursuant to Article 22 shall be limited to the following:
[F1(a) verification that every seafarer serving on board who is required to hold a certificate of competency and/or a certificate of proficiency in accordance with the STCW Convention holds such a certificate of competency or valid dispensation and/or certificate of proficiency, or provides documentary proof that an application for an endorsement attesting recognition of a certificate of competency has been submitted to the authorities of the flag State;]
(b)verification that the numbers and certificates of the seafarers serving on board are in accordance with the safe-manning requirements of the authorities of the flag State.
[F12. The ability of the ship’s seafarers to maintain watchkeeping and security standards, as appropriate, as required by the STCW Convention shall be assessed in accordance with Part A of the STCW Code if there are clear grounds for believing that such standards are not being maintained because any of the following has occurred:]
(a)the ship has been involved in a collision, grounding or stranding;
(b)there has been a discharge of substances from the ship when under way, at anchor or at berth which is illegal under an international convention;
(c)the ship has been manoeuvred in an erratic or unsafe manner whereby routing measures adopted by the IMO, or safe navigation practices and procedures have not been followed;
[F1(d) the ship is otherwise being operated in such a manner as to pose a danger to persons, property or the environment, or to compromise security;]
(e)a certificate has been fraudulently obtained or the holder of a certificate is not the person to whom that certificate was originally issued;
(f)the ship is flying the flag of a country which has not ratified the STCW Convention, or has a master, officer or rating holding a certificate issued by a third country which has not ratified the STCW Convention.
3.Notwithstanding verification of the certificate, assessment under paragraph 2 may require the seafarer to demonstrate the relevant competence at the place of duty. Such a demonstration may include verification that operational requirements in respect of watchkeeping standards have been met and that there is a proper response to emergency situations within the seafarer’s level of competence.