MARITIME LAW AND IMO CONVENTIONS

MT 292
AND
BS 292
 Chapter 6

International Convention on Standards of

Training, Certification and Watchkeeping
for Seafarers (STCW78/95/2010)
 International Convention on Standards of Training,
Certification and Watchkeeping for Seafarers
(STCW78/95/2010)

• Introduction

• STCW Convention chapters

• The STCW Code

• Manila amendments to the STCW Convention and Code

• Definitions

• Application

• Certificates

• Dispensation

• Control

• Principles governing near-coastal voyages

 Introduction

Adoption: 7 July 1978

Entry into force: 28 April 1984

Major revisions in 1995 and 2010

 Introduction

• The 1978 STCW Convention was the first to establish basic

requirements on training, certification and watchkeeping
for seafarers on an international level.

• The 1995 amendments entered into force on 1 February 1997.

One of the major features of the revision was the division of
the technical annex into regulations, divided into Chapters as
before, and a new STCW Code, to which many technical
regulations were transferred. Part A of the Code is
mandatory while Part B is recommended.
 Introduction
• Another major change was the requirement for Parties to the
Convention are required to provide detailed information to
IMO concerning administrative measures taken to ensure
compliance with the Convention.

• The information is reviewed by panels of competent persons,

nominated by Parties to the STCW Convention, who report on
their findings to the IMO Secretary-General, who, in turn,
reports to the Maritime Safety Committee (MSC) on the
Parties which fully comply.

• The MSC then produces a list (the so called "white list") of

"confirmed Parties" in compliance with the STCW Convention.
 STCW Convention chapters

Chapter I: General provisions

Chapter II: Master and deck department
Chapter III: Engine department
Chapter IV: Radio communication and radio personnel
Chapter V: Special training requirements for personnel on
certain types of ships
Chapter VI: Emergency, occupational safety, medical care and
survival functions
Chapter VII: Alternative certification
Chapter VIII: Watchkeeping
 The STCW Code
• The regulations contained in the Convention are supported by
sections in the STCW Code.

• Part A of the Code is mandatory:

The minimum standards of competence required for seagoing
personnel are given in detail in a series of tables.

• Part B of the Code:

contains recommended guidance which is intended to help
Parties implement the Convention
The measures suggested are not mandatory
 Manila amendments to the STCW
Convention and Code

Adopted on 25 June 2010,

The 2010 amendments are set to enter
into force on 1 January 2012 under the
tacit acceptance .
 Manila amendments to the STCW
Convention and Code
• Amongst the amendments adopted, there are a number of
important changes to each chapter of the Convention and
Code, including:

1. Improved measures to prevent fraudulent practices

associated with certificates of competency.
2. Revised requirements on hours of work and rest and new
requirements for the prevention of drug and alcohol abuse,
as well as updated standards relating to medical fitness
standards for seafarers.
3. New certification requirements for able seafarers.
4. New requirements relating to training in modern technology
such as electronic charts and information systems (ECDIS).
 Manila amendments to the STCW
Convention and Code
5. New requirements for marine environment awareness
training and training in leadership and teamwork.
6. New training and certification requirements for electro-
technical officers.
7. Updating of competence requirements for personnel serving
on board all types of tankers, including new requirements for
personnel serving on liquefied gas tankers.
8. New requirements for security training, as well as provisions
to ensure that seafarers are properly trained to cope if their
ship comes under attack by pirates.
 Manila amendments to the STCW
Convention and Code
9. Introduction of modern training methodology including
distance learning and web-based learning.
10. New training guidance for personnel serving on board ships
operating in polar waters.
11. New training guidance for personnel operating Dynamic
Positioning Systems.
 International Convention on Standards of Training,
Certification and Watchkeeping for Seafarers
(STCW78/95/2010)

• Introduction

• STCW Convention chapters

• The STCW Code

• Manila amendments to the STCW Convention and Code

• Definitions

• Application

• Certificates

• Dispensation

• Control

• Principles governing near-coastal voyages

 Definitions

• Party means a State for which the Convention has entered

into force.

• Administration means the Government of the Party

whose flag the ship is entitled to fly.

• Certificate means a valid document, by whatever name it

may be known, issued by or under the authority of the
Administration or recognized by the Administration
authorizing the holder to serve as stated in this document
or as authorized by national regulations.

• Certificated means properly holding a certificate.

 Definitions

• Organization means the Inter-Governmental Maritime

Consultative Or-ganization (IMCO);* (The name of the
Organization was changed to “International Maritime
Organization (IMO) which entered into force on 22 May
1982.)

• Secretary-General means the Secretary—General of the

Organization.

• Seagoing ship means a ship other than those which

navigate exclusively in inland waters or in waters within,
or closely adjacent to, sheltered waters or areas where
port regulations apply.
 Definitions

• Fishing vessel means a vessel used for catching fish,

whales, seals, walrus or other living resources of the sea.

• Radio Regulations means the Radio Regulations

annexed to, or regarded as being annexed to, the most
recent International Telecommunication Convention
which may be in force at any time.

• Certificate of proficiency: A certificate, other than a

certificate of competency issued to a seafarer, stating
that the relevant requirements of training, competencies
or seagoing service in the convention have been met
 Definitions

• Certificate of Competency is a valid document issued

by or under the authority of the Administration or
recognized by the Administration authorizing the holder to
serve as stated in this document or as authorized by
national regulations.
 Application

• The Convention shall apply to seafarers serving on board

seagoing ships entitled to fly the flag of a Party except to
those serving on board:

(a) warships, naval auxiliaries or other ships owned or

operated by a State and engaged only on governmental
non-commercial service.
(b) fishing vessels.
(c) pleasure yachts not engaged in trade.
(d) wooden ships of primitive build.
 Certificates
• The issue of certificates and their endorsement by the issuing
Administration
• (1) Certificates for masters, officers or ratings shall be issued
to those candidates who, to the satisfaction of the
Administration, meet the requirements for service, age,
medical fitness, training, qualification and examinations in
accordance with the appropriate provisions of the annex to the
Convention.
• (2) Certificates for masters and officers issued in compliance
with this article shall be endorsed by the issuing
Administration in the form as prescribed in regulation 1/2 of
the annex. If the language used is not English, the
endorsement shall include a translation into that language.
 Dispensation
• The conditions under which dispensations may be granted:

1. In circumstances of exceptional necessity, Administrations, if

in their opinion this does not cause danger to persons, property
or the environment, may issue a dispensation permitting a
specified seafarer to serve in a specified ship for a specified period
not exceeding six months in a capacity, other than that of the
radio officer or radiotelephone operator.

• Provided that the person to whom the dispensation is issued shall

be adequately qualified to fill the vacant post in a safe manner, to
the satisfaction of the Administration.

• However, dispensations shall not be granted to a master or chief

engineer officer except in circumstances of force majeure and
then only for the shortest possible period.
 Dispensation
2. Any dispensation granted for a post shall be granted only to
a person properly certificated to fill the post immediately
below:

•A dispensation may be issued to a person whose

qualification and experience are, in the opinion of the
Administration, of a clear equivalence to the requirements for
the post to be filled, provided that, if such a person holds no
appropriate certificate, he shall be required to pass a test
accepted by the Administration as demonstrating that such a
dispensation may safely be issued.
• Administrations shall ensure that the post in question is
filled by the holder of an appropriate certificate as soon as
possible.
 Dispensation

3. Parties shall, as soon as possible after 1 January of each

year, send a report to the Secretary-General giving
information of the total number of dispensations in respect
of each capacity for which a certificate is required that
have been issued during the year to seagoing ships, together
with information as to the numbers of those ships above
and below 1,600 gross register tons respectively.
 Control
• The ships, when in a port of a party to the Convention, are
subject to control to verify that all seafarers serving on board
who are required to be certificated are so certificated or hold a
valid dispensation.
1. Such certificates shall be accepted unless there are clear
grounds for believing that a certificate has been fraudulently
obtained or that the holder of a certificate is not the person
to whom that certificate was originally issued.
2. In the event that any deficiencies are found, the officer
carrying out the control shall forthwith inform, in writing,
the master of the ship and the Consul or, in his absence, the
nearest diplomatic representative or the maritime authority of
the State whose flag the ship is entitled to fly, so that
appropriate action may be taken.
 Control
3. the Party carrying out the control shall take steps to ensure
that the ship will not sail unless and until these
requirements are met to the extent that the danger has
been removed. The facts concerning the action taken shall
be reported promptly to the Secretary—General.
4. When exercising control under this article, all possible efforts
shall be made to avoid a ship being unduly detained or
delayed. If a ship is so detained or delayed it shall be
entitled to compensation for any loss or damage
resulting therefrom.
5. This article shall be applied as may be necessary to ensure
that no more favourable treatment is given to ships entitled
to fly the flag of a non-Party than is given to ships entitled to
fly the flag of a Party.
 Principles governing near-coastal voyages

Near-coastal voyages: means voyages in the vicinity of a

Party as defined by that Party, (the ship which extends its
voyage beyond what is defined as a near-coastal voyage by a
Party must fulfill the requirements of the Convention
without the relaxation allowed for near-coastal voyages)

With respect to ships entitled to fly the flag of a Party regularly

engaged on near-coastal voyages off the coast of another
Party, the Party whose flag the ship is entitled to fly shall
prescribe training, experience and certification requirements
for seafarers serving on such ships at least equal to those
of the Party off whose coast the ship is engaged.