Federal Law on Issue and Recognition of Certificates and Marine Training

Ata Atun, Clelia Theodolou, Other Committee Members

 

 

 

 

Foundation Agreement

Annex III, Attachment 11, Law 10

 

 

 

 

 

 

 

 

 

 

 

 

Federal Law on Merchant Shipping (Issue and Recognition of Certificates and Marine Training)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


 

 

For the purposes of harmonization with the Community Act referred to as -

 

 

 

“Directive 2001/25/EC of the European Parliament and of the Council of 4 April 2001 on the minimum level of training of seafarers”, (OJ L 136 of 18.05.2001, p.17-41), as last amended by the Community Act referred to as “Directive 2002/84/EC of the European Parliament and of the Council of 5 December 2002 amending Directive 2001/25/EC on the minimum level of training of seafarers” (OJ L 324, 29.11.2002, p. 53) which adopt the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers of 1978 as revised in 1995,

 

 

 

It is hereby provided as follows:

 

 

Short title.

1.         This Law may be cited as the Federal Law on Merchant Shipping (Issue and Recognition of Certificates and Marine Training).

 

 

 

PART I

PRELIMINARY PROVISIONS

 

 

Interpretation.

2.    In this Law, unless the context otherwise requires -

 

 

 

“appropriate certificate” means a certificate issued or recognized and endorsed in accordance with the provisions of this Law and entitling its lawful holder to serve in the capacity and perform the functions involved at the level of responsibility, specified in it, on a ship of the type, tonnage, power and means of propulsion concerned, while engaged on the particular voyage concerned;

 

 

 

“approved” means approved by the Competent Authority;

 

 

 

“assistant engineering officer” means a person under training to become an engineering officer in accordance with the provisions of this Law;

 

"Book (SISR)" means the Seafarer‘s Identification and Sea Service Record Book which is issued pursuant to the provisions of section 10 of the Federal Law on Merchant Shipping (Registration of Seafarers and Seafarers Register);

 

 

 

“certificate” means a valid document by whatever name it  may be known, issued in accordance with the provisions of Part VI or accepted in accordance with the provisions of Part VIII of this Law, authorising the holder thereof, to serve as stated in that document or as authorised by this Law and Regulations issued under this Law;

 

 

 

“chemical tanker” means a ship constructed or adapted and used for the carriage in bulk of any liquid products listed in Chapter 17 of the International Bulk Chemical Code (IBC);

 

 

 

“chief engineer” or “chief engineering officer” means the senior engineering officer who is responsible for the mechanical propulsion, the operation and maintenance of the mechanical and electrical installations of the ship;

 

 

 

“chief mate” means the officer next in rank to the master, who will have the command of the ship in the event of incapacity of the master;

 

 

 

“Company” means the owner of the ship or any other organization or person such as the manager or the bareboat charterer, who has assumed the responsibility for the operation of the ship from the owner and who on assuming the responsibility has agreed to take over all duties and responsibilities under this Law, the Convention and the Regulations made for their implementation;

 

 

 

“Competent Authority” means the competent authority provided for in section 4;

 

 

 

“Cyprus” means the United Cyprus Republic;

 

 

 

“deck officer” means an officer qualified in accordance with the provisions of Chapter II of the STCW Convention;

 

“Department”” means the department having responsibility for maritime affairs;

 

“Directorate” means the Directorate of Maritime Affairs of the Department,;

 

 

“Director” means the head of the Directorate;

 

 

 

“directions” means directions issued by the Competent Authority in accordance with the provisions of this Law;

 

 

 

“engineer” or “engineering officer” means an officer qualified in accordance with the provisions of Chapter III of the STCW Convention;

 

 

 

“function” means a group of tasks, duties and responsibilities, as specified in the STCW Code, necessary for ship operation, safety of life at sea or protection of the marine environment;

 

 

 

“fishing vessel” means a vessel used for catching fish, whales, seals, walrus or other living resources of the sea;

 

 

 

"Gazette" means the federal Official Gazette;

 

 

 

“IBC Code” means the International Code for the Construction and Equipment of ships carrying Dangerous Chemicals in Bulk, published by the International Maritime Organization, as this Code is in force, at any time, in Cyprus;

 

 

 

“IGC Code” means the International Code for the Construction and Equipment of ships carrying Liquefied Gases in Bulk,  published by the International Maritime Organization, as this Code is in force at any time in Cyprus;

 

 

 

“liquefied gas tanker” means a ship constructed or adapted and used for the carriage in bulk of any liquefied gas or other products listed in Chapter 19 of the International Gas Carrier Code (IGC);

 

 

 

“master” means the person having command of the ship;

 

 

 

“member state” means a member state of the European Union.

 

 

 

“Member” means the member of the Presidential Council heading the Department;

 

 

 

“month” means a calendar month or 30 days made up of periods of less than one month;

 

 

 

“officer” means a member of the crew, other than the master, designated as officer in accordance with the provisions of section 5;

 

 

 

“oil tanker” means a ship constructed and used for the carriage of petroleum and petroleum products in bulk;

 

"owner" means the person who owns the ship or a share therein and is registered as such in the Register of Ships of the flag state;

 

 

“passenger ship” means a sea-going ship which carries more than twelve passengers;

 

 

 

“prescribed” means prescribed by a public instrument;

 

 

 

“prescribed fee” means a fee which is payable in accordance with the Federal Law on Merchant Shipping (Fees and Taxing Provisions) -, for the time being in force;

 

 

 

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

 

 

 

“public instrument” includes Regulations and  Orders published in the Gazette and instructions, directions, notices, notifications, and circulars made or issued under this Law;

 

 

 

“radio duties” includes, as appropriate, watchkeeping and technical maintenance and repairs conducted in accordance with the Radio Regulations, the International Convention for the Safety of Life at Sea (1974), (SOLAS Convention) as in force from time to time in Cyprus and, at the discretion of the Competent Authority, the relevant recommendations of the International Maritime Organisation (IMO);

 

 

 

“Radiocommunications Regulations” means the Radiocommunications Regulations annexed to the International Telecommunications Convention, as in force for the  time being in Cyprus;

 

 

 

“radio operator” means a person holding an appropriate certificate related to the Global Maritime Distress and Safety System (GMDSS) issued or recognized by the Competent Authority under the provisions of this Law;

 

 

 

“rating” means a member of the ship's crew other than the master or an officer;

 

 

 

“Register” means the Register for certificates of maritime competency and other documentary evidence of training, in accordance with the provisions of section 38 of this Law;

 

 

 

“responsible for the use of survival craft” means every member of the crew of the ship, who is the holder of a certificate related to survival craft and rescue boats, other than fast rescue boats, and which has been issued either as a separate document or is included in the certificate of competency which he possesses;

 

 

 

“Ro-Ro passenger ship” means a passenger ship with Ro-Ro cargo spaces or special category spaces, as defined in the International Convention for the Safety of Life at Sea, 1974, as amended and as in force for the time being in Cyprus;

 

 

 

“sea service” means service on board a ship relevant to the issue of a certificate or to other documentary evidence of qualification;

 

 

 

“sea-going ship” means a ship other than those which navigate exclusively in inland waters or in waters within or closely adjacent to sheltered waters, or at a distance not greater than three nautical miles from the nearest coast of Cyprus or in areas where port regulations apply;

 

 

 

“second engineer” or “second engineering officer” means the engineering officer next in rank to the chief engineering officer and upon whom the responsibility rests for the mechanical propulsion, the operation and maintenance of the mechanical and electrical installations of the ship, in the event of incapacity of the chief engineering officer;

 

 

 

“STCW Code” means the Seafarers Training, Certification and Watchkeeping (STCW) Code, as adopted by the 1995 Conference of Parties to the International Convention on the Standards of Training, Certification and Watchkeeping for Seafarers, with Resolution 2, as in force for the time being in Cyprus;

 

 

 

“STCW Convention” means the International Convention on the Standards of Training, Certification and Watchkeeping of Seafarers, 1978, as amended in 1995, as in force for the time being in Cyprus;

 

 

 

“ship flying the flag of a member state” means a ship registered in and flying the flag of a member state in accordance with its legislation;  a ship not corresponding to this definition shall be regarded as a ship flying the flag of a third country;

 

 

 

“tanker” means oil tanker, liquefied gas tanker or chemical tanker;

 

 

 

“third country” shall mean any country which is not a member state.

 

 

 

     (2) Words and phrases, unless otherwise defined in this Law, shall have the meaning assigned to them by the STCW Convention and the STCW Code.

 

 

 

     (3)  The amendments to the international instruments referred to in subsection (1) do not include amendments excluded from the scope of application of Directive 2001/25/EC, pursuant to Article 5 of Regulation (EC) No. 2099/2002 of the European Parliament and of the Council of 5 November 2002 establishing a Committee on Safe Seas and the Prevention of Pollution from Ships (COSS) and amending the Regulations on maritime safety and the prevention of pollution from ships (OL L 324, 29.11.2002), as from time to time amended or replaced.

 

Extent of application of this Law.

3.-(1)  This Law, save for section 44, applies to masters and seafarers employed on sea-going Cyprus ships, with the exception of -

 

 

 

 

 

(a)       warships, naval auxiliaries or ships owned or operated by Cyprus and engaged only in governmental non-commercial service;

 

 

 

 

 

(b)       fishing vessels;

 

 

 

 

 

(c)       recreational craft, not engaged in trade;

 

 

 

 

 

(d)       wooden ships of primitive built.

 

 

 

     (2) Section 44  applies to seafarers employed on board Cyprus ships that navigate exclusively in inland waters or in waters within, or closely adjacent to, sheltered waters or areas where port regulations apply.

 

 

Competent Authority.

4. The Competent Authority for the implementation of the provisions of this Law and for the issue, endorsement and recognition of certificates of maritime competency or other certificates, the approval and evaluation of maritime training centers shall be the Directorate.

Officers.

 

5. A person shall be qualified as an officer for the purposes of this Law, (the STCW Convention and the STCW Code), if he holds a certificate of competency issued or recognized and endorsed by the Competent Authority in accordance with the provisions of this Law, in one of the following capacities:

 

 

 

 

(i)         Master .

(ii)        Chief mate.

(iii)      Officer in charge of a navigational watch keeping.

(iv)      Chief engineer officer.

(v)        Second engineer officer.

(vi)      Officer in charge of an engineering watch in a manned engine-room or designated duty engineers in a periodically unmanned engine-room.

(vii)     Radio Operator.

 

PART II

CERTIFICATES OF MARITIME COMPETENCY


 

Certificates of maritime competency.

6. Every person serving on board a Cyprus ship, must be furnished with the appropriate certificate for such a position, issued and /or endorsed in accordance with the provisions of Part VI or recognized and endorsed in accordance with the provisions of Part VII of this Law, according with the requirements of the STCW Convention.

Dispensations.

7.-(1) Notwithstanding the provisions of the above section, in circumstances of exceptional necessity the Competent Authority, at the Company’s request, if in its 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 the capacity of chief mate or second engineering officer, for which he does not hold the appropriate certificate, provided that the person to whom the dispensation is issued shall be adequately qualified to fill the vacant post in a safe manner, in the judgment of the Competent Authority. Dispensations shall not be granted to serve in the capacity of the radio officer or radiotelephone operator, except as provided by the relevant Radiocommunications Regulations.

 

 

 

     (2)       Dispensations shall not be issued to serve in the capacity of a master or chief engineering officer except in circumstances of force majeure and then only for the shortest possible period.

 

 

 

     (3) Any dispensation issued to serve in a post shall be granted only to a person who holds the certificate required in order to fill the post immediately below the post which he holds.

 

 

 


PART III

CLASSIFICATION OF CERTIFICATES OF MARITIME COMPETENCY

 

Classification of

certificates.

8. The  certificates  of  maritime competency issued or recognized

by the Competent Authority in accordance with the provisions of this Law are classified as follows:

 

 

 

 

 

(a)       Certificates for personnel in charge of a navigational watch.

 

 

 

 

 

(b)       Certificates for personnel in charge of an engineering watch.

 

 

 

 

 

(c)       Certificates for radio personnel.

 

 

 

 

 

(d)       Certificates for ratings forming part of a navigational or an engineering watch.

 

 

Certificates for personnel in charge of a navigational watch.

9.  The certificates for personnel in charge of a navigational watch may be classified as follows:

 

 

 

(a)       Certificate of master.

 

(b)       Certificate of chief mate.

 

 

 

 

(c)       Certificate of officer in charge of a navigational watch.

 

 

Certificates for personnel in charge of an engineering watch.

10. Certificates for personnel in charge of an engineering watch may be classified as follows:

 

(a)       Certificate of chief engineer.

 

 

 

(b)       Certificate of second engineer.

 

 

 

 

(c)        Certificate of officer in charge of an engineering watch in a manned engine-room or designated duty engineers in a periodically unmanned engine-room.

 

 

Certificates for ratings forming

part of a navigational or

an engineering watch.

11. Certificates for ratings forming part of a navigational or an engineering watch may be classified as follows:

 

 

(a)       Certificate for rating forming part of a navigational watch.

 

 

 

(b)       Certificate for rating forming part of a watch in a manned engine-room or designated to perform duties in a periodically unmanned engine-room.

 

 

 

 

 


PART IV

MANDATORY MINIMUM REQUIREMENTS FOR CERTIFICATION OF CERTIFICATE MARITIME COMPETENCY OR OTHER CERTIFICATE

 

Certificate of master.

12.-(1) Every candidate for a certificate of master on seagoing ships of 500 gross tonnage or more must-

 

 

 

 

 

(a)       meet the requirements for certification as an officer in charge of a navigational watch on ships of 500 gross tonnage or more;

 

 

 

 

 

(b)       have completed not less than forty eight (48) months of approved sea service and training on ships of 500 gross tonnage or more, after obtaining a chief mate’s certificate of competency in the capacity of chief mate or master, of which at least half of such service must have been completed on ships of 3,000 gross tonnage or more. The required sea service includes the attendance time for training at approved educational institutions (which shall not be more than 6 months);

 

 

 

 

 

(c)        have completed approved education and training which meet the standards of competence specified in section A-II/2 of the STCW Code for masters and chief mates on ships of 3,000 gross tonnages or more;

 

 

 

 

 

(d)       have good command of the English language at the level of Cambridge First Certificate or equivalent;

 

 

 

 

 

(e)       have the certificate of general radio operator in the Global Maritime Distress and Safety System (GMDSS), issued or recognized by the Competent Authority in accordance with the provisions of this Law;

 

 

 

 

 

(f)        have appropriate certificates or documentary evidence of training, issued or recognized by the Competent Authority in accordance with the provisions of this Law required by International Conventions, Codes or legislation in force at any time to time in Cyprus.

 

 

 

 

     (2) Every candidate for a certificate of master on sea-going ships up to 3000 gross tonnage must-

 

 

 

 

 

(a)       meet the requirements for certification as an officer in charge of a navigational watch on ships of 500 gross tonnage or more;

 

 

 

 

 

(b)       have completed not less than 48 months of approved sea service on ships of 500 gross tonnage or more, after obtaining a certificate of chief mate, in the capacity of chief mate or master. The required sea service includes the attendance time for training conducted at approved educational institutions (which shall not be more than 6 months);

 

 

 

 

 

(c)        have completed approved education and training which meet the standards of competence which are specified in section A-II/2 of the STCW Code for masters and chief mates on ships of gross tonnage between 500 and 3,000;

 

 

 

 

 

(d)       have good command of the English language of the level of Cambridge First Certificate or equivalent;

 

 

 

 

 

(e)       have a certificate of general radio operator in the Global Maritime Distress and Safety System (GMDSS), issued or recognized by the Competent Authority in accordance with the provisions of this Law;

 

 

 

 

 

(f)        have the appropriate certificates or documentary evidence of training, issued or recognized by the Competent Authority in accordance with the provisions of this Law, required by International Conventions, Codes or legislation which are in force at any time in Cyprus.

 

 

Certificate of a chief mate.

13.-(1) Every candidate for a certificate of a chief mate on sea-going ships of 500 gross tonnage or more must-

 

 

 

 

 

(a)       meet the requirements for certification as an officer in charge of a navigational watch on ships of 500 gross tonnage or more;

 

 

 

 

 

(b)       have completed not less than 36 months of approved sea service on ships of 500 gross tonnage or more, after obtaining a certificate of officer in charge of a navigational watch, in the capacity of officer in charge of a navigational watch. Not less than half of the required approved sea service must be conducted on ships of 2500 gross tonnage or more. The required sea service includes the attendance time for training conducted at approved educational institutions (which shall not be more than 6 months);

 

 

 

 

 

(c)        have completed approved education and training which meet the standards of competence specified in section A-II/2 of the STCW Code for masters and chief mates on ships of 3,000 gross tonnage or more;

 

 

 

 

 

(d)       have good command of the English language at the level of Cambridge First Certificate or equivalent;

 

 

 

 

 

(e)       have a certificate of General Radio Operator in the Global Maritime Distress and Safety System (GMDSS), issued or recognized by the Competent Authority in accordance with the provisions of this Law;

 

 

 

 

 

(f)        have appropriate certificates or documentary evidence of training, issued or recognized by the Competent Authority in accordance with the provisions of this Law, required by International Conventions, Codes or legislation in force from time to time in Cyprus.

 

 

 

 

     (2)  Every candidate for a certificate of chief mate on sea-going ships up to 3000 gross tonnage must -

 

 

 

 

 

(a)       Meet the requirements for certification as an officer in charge of a navigational watch on ships of 500 gross tonnage or more;

 

 

 

 

 

(b)       have completed not less than 36 months of approved sea service on ships of 500 gross tonnage or more, after obtaining a certificate of competency as officer in charge of a navigational watch, in the capacity of officer in charge of a navigational watch. The required sea service includes the attendance time for training conducted at approved educational institutions (which shall not be than 6 months);

 

 

 

 

 

(c)        have completed approved education and training and meet the standard of competence specified in section A-II/2 of the STCW Code for masters and chief mates on ships of between 500 and 3,000 gross tonnage;

 

 

 

 

 

(d)       have good command of the English language at the level of Cambridge First Certificate or equivalent;

 

 

 

 

 

(e)       have a certificate of general radio operator in the Global Maritime Distress and Safety System (GMDSS);

 

 

 

 

 

(f)        have appropriate certificates or documentary evidence of training, issued or recognized by the Competent Authority in accordance with the provisions of this Law, required by International Conventions, Codes or legislation which are in force at any time in Cyprus.

 

 

 

 

 

 

Certificate of officer in charge of a navigational watch.

14. Every candidate for a certificate of officer in charge of a navigational watch on sea-going ships of 500 gross tonnage or more must -

 

 

 

(a)       be not less than 18 years of age;

 

 

 

(b)       have approved sea service of not less than one year as part of an approved training program which includes on-board training which meets the requirements of section A-II/1 of the STCW Code and is documented in an approved training record book, or otherwise have approved sea service of not less than three years;

 

 

 

 

 

(c)        have performed, during the required seagoing service, bridge watchkeeping duties under the supervision of the master or a qualified officer for a period of not less than six months;

 

 

 

 

 

(d)       have a certificate of general radio operator in the Global Maritime Distress and Safety System (GMDSS), issued or recognized by the Competent Authority in accordance with the provisions of this Law;

 

 

 

 

 

(e)       have completed approved education and training and meet the standard of competence specified in section A-II/1 of the STCW Code;

 

 

 

 

 

(f)        have appropriate certificates or documentary evidence of training, issued or recognized by the Competent Authority in accordance with the provisions of this Law, required by International Conventions, Codes or legislation which are in force at any time in Cyprus.

 

 

Certificate of

chief engineer.

15. Every candidate for a certificate of chief engineering officer on sea-going ships powered by main propulsion machinery of 750 kW propulsion power or more must-

 

 

 

 

 

(a)       meet the requirements for certification as an officer in charge of an engineering watch;

 

 

 

 

 

(b)       have completed not less than 36 months of approved sea service on ships powered by the main propulsion machinery of 750 KW propulsion power or more, after obtaining a certificate of second engineer officer, in the capacity of chief engineering officer or second engineering officer:

 

 

 

 

 

            Provided that, if the candidate has a Diploma in marine engineering of the Higher Technical Institute in Marine Engineering or of the Near-East University (Maritime Faculty, Department of Marine Engineering) or  Diploma of a Higher Merchant Marine Engineering Institute recognized by Cyprus, and, in addition a University Degree or an equivalent in Mechanical Engineering or Electrical Engineering or Marine Engineering or Naval Architecture, recognized by Cyprus, the required sea service shall be reduced to 18 months:

 

 

 

 

 

Provided further that, if the candidate has a Diploma in marine engineering of the Higher Technical Institute in Marine Engineering or of the Near-East University (Maritime Faculty, Department of Marine Engineering) or a Diploma of a Higher Merchant Marine Engineering Institute as stated above, the required sea service shall be reduced to 30 months:

 

 

 

 

 

Provided furthermore that, the required sea service may include the attendance time of not more than 6 months for training conducted at approved educational institutions;

 

 

 

 

 

(c)        have completed approved education and training which meet the standards of competence specified in section A-III/2 of the STCW Code;

 

 

 

 

 

(d)       have good command of the English language at the level of Cambridge First Certificate or equivalent;

 

 

(e)       have appropriate certificates or training documentary evidence, issued or recognized by the Competent Authority in accordance with the provisions of this Law, required by International Conventions, Codes or legislation in force at any time in Cyprus.

 

 

Certificate of second engineer.

16.  Every candidate for a certificate of second engineer on sea-going ships powered by main propulsion machinery of 750 kW propulsion power or more must -

 

 

 

 

 

(a)       Meet the requirements for certification as an officer in charge of an engineering watch;

 

 

 

 

 

(b)       have completed not less than 36 months of approved sea service on ships powered by main propulsion machinery of 750 KW propulsion power or more, after obtaining a certificate of competency as officer in charge of engineering watch in the capacity of an officer in charge of an engineering watch in a manned engine-room or designated duty engineers in a periodically unmanned engine-room:

 

 

 

 

 

Provided that, if the candidate has a Diploma in marine engineering of the Higher Technical Institute in Marine Engineering or of the nearest University (Maritime Faculty, Department of Marine Engineering) or a Diploma of a Higher Merchant Marine Engineering Institute recognized by Cyprus, and, in addition a University Degree or an equivalent in Mechanical Engineering or Electrical Engineering or Marine Engineering or Naval Architecture, recognized by Cyprus, the required sea service shall be reduced to 18 months:

 

 

 

 

 

Provided furthermore that, if the candidate has a Diploma in marine engineering of the Higher Technical Institute in Marine Engineering or of the nearest University (Maritime Faculty, Department of Marine Engineering) or a Diploma of a Higher Merchant Marine Engineering Institute as stated above, the required sea service shall be reduced to 30 months:

 

 

 

 

 

Provided furthermore that, the required sea service includes the attendance time of not more than 6 months for training conducted at approved educational institutions;

 

 

 

 

 

(c)        have completed approved education and training which meet the standards of competence specified in Part A-III/2 of the STCW Code;

 

 

 

 

 

(d)       have good command of the English language at the level of Cambridge First Certificate or equivalent;

 

 

(e)       have appropriate certificates or documentary evidence of training, issued or recognized by the Competent Authority in accordance with the provisions of this Law, required by International Conventions, Codes or legislation which are in force at any time in Cyprus.

 

 

 

Officer in charge of an engineering watch.

17.      Every candidate for a certificate of an officer in charge of an engineering watch in a manned engine-room or designated duty engineer in a periodically unmanned engine-room, on sea-going ships powered by main propulsion machinery of 750 KW propulsion power or more must -

 

 

 

 

 

(a)       be not less than 18 years of age;

 

 

 

 

 

(b)       have completed not less than six months of sea service in the engine-room in accordance with section A-III/1 of the STCW Code;

 

 

 

 

 

(c)        have completed an approved education and training of at least 30 months, which includes on-board training documented in an approved record book of training which meets the standards of competence which are specified in section A-III/1 of the STCW Code;

 

 

 

 

 

(d)       have good command of the English language at the level of Cambridge First Certificate or equivalent;

 

 

 

 

 

(e)       have appropriate certificates or documentary evidence of training, issued or recognized by the Competent Authority in accordance with the provisions of this Law, required by International Conventions, Codes or legislation in force at any time in Cyrpus.

 

 

Certificate for rating forming

part of a navigational

watch.

18.-(1) Every rating forming part of a navigational watch on a sea-going ship of 500 gross tonnage or more, other than ratings undergoing training and ratings whose duties while on watch are of an unskilled nature, must hold the appropriate certificates to perform such duties.

 

 

 

     (2)  Every candidate for a certificate of a rating forming part of a navigational watch on a sea-going ship of 500 gross tonnage or more must -

 

 

 

 

 

(a)       be not less than 18 years of age;

 

 

 

 

 

(b)       have completed not less than 12 months of sea service associated with navigational watch functions. Not less than 6 months of the sea service required must be under the direct supervision of the master, the officer in charge of the navigational watch or a qualified rating, documented in an approved record book of training, which must be examined by an approved training center which will issue a relevant endorsement;

 

 

 

 

 

(c)         have completed an approved education and training and meet the standard of competence which is specified in section A-II/4 of the STCW Code;

 

 

 

 

 

(d)         have appropriate certificates or documentary evidence of training, issued or recognized by the Competent Authority in accordance with the provisions of this Law, required by International Conventions, Codes or legislation in force at any time in Cyprus.

 

 

Certificate for rating forming part of a watch in a manned engine-room or designated to perform duties

in a periodically unmanned engine-room.

19.-(1) Every rating forming part of an engine-room watch or designated to perform duties in a periodically unmanned engine-room on a sea-going ship powered by main propulsion machinery of 750 KW propulsion power or more, other than ratings undergoing  training and ratings whose duties are of an unskilled nature, must hold the appropriate certificates to perform such duties.

 

     (2)  Every candidate for a certificate of a rating forming part of a watch in a manned engine-room or designated to perform duties in a periodically unmanned engine-room must -

 

 

 

(a)       be not less than 18 years of age;

 

 

 

 

(b)       have completed 12 months of sea service with specialisation in engine-room watch. Not less than 6 months of the sea service required must be under the direct supervision of the officer in charge of the engine-room watch or a qualified rating and during such service, the candidate shall keep a record book of training, which shall be examined by an approved training centre which shall confirm that it was properly filled in and issue a relevant certificate;

 

 

 

 

 

(c)         have completed approved education and training, which meet the standards of competence specified in section A-III/4 of the STCW Code, in an approved special program; and

 

 

 

 

 

(d)         have appropriate certificates or documentary evidence of training, issued or recognized by the Competent Authority in accordance with the provisions of this Law, required by International Conventions, Codes or legislation in force at any time in Cyprus.

 

 

Personnel

for Radiocom-

munications.

 

20.-(1) Every person in charge of or performing radio duties on a ship required to participate in the Global Maritime Distress and Safety System (GMDSS) must hold an appropriate certificate related to the GMDSS, issued or recognized by the Competent Authority under the provisions of the Radiocommunications Regulations.

 

 

 

     (2)  In addition, every candidate for certification under this section for service on a ship which is required by the International Convention for the Safety of Life at Sea, 1974, as amended and as in force at any time in Cyprus, to have a radio installation, must-

 

 

 

 

 

(a)       be not less than 18 years of age; and

 

 

 

 

 

(b)       have completed an approved education in accordance with the standards of competence which are specified in Part A-IV/2 of the STCW Code.

 

 

Personnel on tankers.

21.-(1) Officers and ratings assigned with specific duties and responsibilities related to cargo or cargo equipment on tankers, must have -

 

 

 

 

 

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

 

 

 

 

 

(b)       sea service of one month, on a tanker, of no more than 3,000 gross tonnage, which conducts voyages up to seventy two hours, provided that the Competent Authority is satisfied as to the level of knowledge and experience acquired on the tanker, taking into consideration the operational characteristics of the tanker and the number of voyages and loading and discharging operations completed during the period of one month;

 

 

 

 

 

(c)        successful training in an approved, specialized tanker familiarization course, covering at least the syllabus given for that course in Part A-V/1 of the STCW Code;

 

 

 

 

 

(d)       successfully completed, at an approved center, an approved shore-based advance fire-fighting course in accordance with Part A-V/3 of the STCW Code.

 

 

 

     (2)  The master, chief engineering officer, chief mate, second engineering officer or any person with immediate responsibility for loading, discharging and care in transit or handling of cargo, in addition to meeting the requirements of subsection 1, must have -

 

 

 

 

 

(a)       sea-going service, of at least three months, appropriate for their duties on the type of tanker on which they are to be employed; and

 

 

 

 

 

(b)       successful training in an approved, special program which, as a minimum, covers the subjects set out in Part A-V/1 of the STCW Code, which are necessary for their duties on the oil tanker, chemical tanker or liquefied gas tanker on which they are about to be employed.

 

 

 

     (3)  An appropriate certificate will be issued by the Competent Authority to masters and officers who are qualified in accordance with the provisions of subsection (1) or (2), or their existing certificate will be endorsed by the Competent Authority. Ratings who are qualified in accordance with the provisions of subsection (1) or (2) will be certificated by the Competent Authority.

 

 

Personnel on

Ro-Ro passenger ships.

22.-(1) This section applies to masters, officers, ratings and the rest personnel who serve on board Ro-Ro passenger ships.

 

     (2)  Prior to being assigned duties on board Ro-Ro passenger ships, seafarers must have completed the training required under subsections (4) to (8) depending on their specialisation, duties and responsibilities.

     (3)  Seafarers who are required to be trained in accordance with subsections (4), (7) and (8), at intervals not exceeding five years, shall receive an approved appropriate training in updating knowledge, or will be required to provide evidence of having achieved the required standard of competence within the last five years.

 

 

 

     (4)  The master, the officers and the rest personnel who have been designated on muster lists to assist passengers in emergency situations on board Ro-Ro passenger ships, must have completed training in crowd management at an approved center as specified in Part A-V/2, paragraph 1 of the STCW Code.

 

 

 

     (5)  The master, the officers and the rest personnel, who have been assigned with specific duties and responsibilities on board Ro-Ro passenger ships, must have completed the familiarization training, at an approved center, as specified in Part A-V/2, paragraph 2 of the STCW Code.

 

 

 

     (6)  The personnel who provide direct service to passengers in passenger spaces on board Ro-Ro passenger ships, must have completed the safety training, at an approved center, as specified in Part A-V/2, paragraph 3, of the STCW Code.

 

 

 

     (7)  The master, the chief mates, the chief engineering officers, the second engineering officers and any person, who have been  assigned immediate responsibility for embarking and disembarking passengers, loading, discharging or securing cargo, or closing hull openings on board Ro-Ro passenger ships, must have completed training in passenger safety, cargo safety and hull integrity, at an approved center, as specified in Part A-V/2, paragraph 4, of the STCW Code.

 

 

 

     (8)  The master, the chief mates, the chief engineering officers, the second engineering officers and any person having responsibility for the safety of passengers in emergency situations on board Ro-Ro passenger ships, must have completed training in crisis management and human behavior, at an approved center, as specified in Part A-V/2, paragraph 5 of the STCW Code.

 

 

 

     (9) An appropriate certificate or documentary evidence of training shall be issued, by the Competent Authority, to all seafarers who satisfy the requirements of subsections (4), (5), (6), (7) and (8).

 

 

Personnel on passenger ships.

23.-(1) This section applies to masters, officers, ratings and the rest personnel who serve on board passenger ships.

 

 

 

     (2)  Prior to being assigned shipboard duties on board passenger ships, seafarers must have completed the training required by subsections (4) to (8), depending on their specialisation, duties and responsibilities.

 

 

 

     (3)  Seafarers who are required to be trained in accordance with subsections (4), (7) and (8) will, at intervals not exceeding five years, receive an approved, appropriate training in updating knowledge or be required to provide evidence of having achieved the required standard of competence within the previous five years.

 

 

 

     (4)  The master, the officers and the rest personnel who have been designated on muster lists to assist passengers in emergency situations on board passenger ships, must have completed training in crowd management, at an approved center, as specified in Part A-V/3, paragraph 1, of the STCW Code.

 

 

 

     (5)  The master, the officers and the rest personnel assigned with specific duties and responsibilities on board passenger ships must have completed the familiarization training at an approved center, as specified in Part A-V/3, paragraph 2, of the STCW Code.

 

 

 

     (6)  The personnel who provide direct service to passengers in passenger spaces on board passenger ships must have completed the safety training, at an approved centre, as specified in Part A-V/3, paragraph 3 of the STCW Code.

 

 

 

     (7)  The master, the chief mate, and any person assigned with direct responsibility for embarking and disembarking passengers must have completed training in passenger safety, at an approved center, as specified in section A-V/3, paragraph 4, of the STCW Code.

 

 

 

     (8)  The master, the chief mate, the chief engineering officers, the second engineering officers and any person having responsibility for the safety of passengers in emergency situations on board passenger ships must have completed training in crisis management and human behavior, at an approved center, as specified in Part A-V/3, paragraph 5, of the STCW Code.

 

 

 

     (9)  An appropriate certificate or documentary evidence of training shall be issued, by the Competent Authority, to all seafarers who satisfy the requirements of subsection (4), (5), (6), (7), or (8) of this section.

 

 

Documentary evidence for familiarization training.

24.-(1) All persons employed or engaged on sea-going ships, other than the passengers, must receive an approved familiarization training in personal survival techniques, or receive sufficient information and instruction in accordance with Part A-VI/I, paragraph 1, of the STCW Code, before being assigned any shipboard duties.

 

 

 

     (2)  Any candidate for documentary evidence of training in  familiarization training with a specific ship, must have successfully completed an approved training in personal survival techniques in accordance with the provisions of Part A-VI/I, paragraph 1, of the STCW Code.

 

 

Certificate or documentary evidence for basic safety training.

25.-(1) Seafarers who are employed or engaged for any specialization on board a ship, during the merchant activities of that ship, as part of the crew of the ship with designated safety or pollution prevention duties during the operation of the ship must, before being assigned any shipboard duties, receive an approved safety training and instructions, in accordance with Section A-VI/1, paragraph 2, of the STCW Code and must meet the appropriate standard of competence specified in it, provided the said standard remains in force, within the previous five years as from the date of graduation of the candidate.

 

 

 

     (2)  Any candidate for a certificate or for documentary evidence of training for basic safety must have successfully completed an approved training in familiarization with survival techniques, which meets the standards of competence specified in Section A-VI/I, paragraph 2, of the STCW Code.

 

(3)    Hotel personnel and any other persons who are employed or engaged on board passenger and Ro-Ro passenger ships and provide direct service to passengers, and who have not been assigned specific safety or pollution prevention duties during the operation of the ship and have not received approved safety training or instructions in accordance with Part A-VI/1 paragraph 2 of the STCW Code, must, in addition to the training required in accordance with STCW Code Section A-VI/1 paragraph 1, receive approved training and instructions in personal survival techniques, fire prevention and fire-fighting, elementary first-aid and personal safety and social responsibilities and meet the standard of competence which is specified by the Competent Authority.

 

 

 

     (4) Seafarers who are required to be trained pursuant to the provisions of subsections (1) and (2) must provide evidence of having achieved the required standard of competence, within the last five years.

 

 

Certificates of proficiency in survival craft.

26.  Any candidate for a certificate of proficiency in survival craft and rescue boats, other than fast rescue boats, must -

 

 

 

(a)       be not less than 18 years of age;

 

 

 

(b)       have an approved sea service of not less than 12 months or have attended an approved training course and have approved sea service of not less than six months; and

 

 

 

 

 

(c)        have completed successfully an approved training in survival craft and rescue boats, which covers the competence standards according to Part A-VI/2, paragraphs 1 to 4, of the STCW Code.

 

 

Certificate of proficiency in fast rescue boats.

27. Any candidate for a certificate of proficiency in fast rescue boats must-

 

 

 

(a)       be the holder of a certificate of proficiency in survival craft and rescue boats other than fast rescue boats; and

 

 

 

 

 

(b)       have completed successfully an approved training course in fast rescue boats which meets the standard of competence, which is set out in Part A-VI/2, paragraphs 5 to 8, of the STCW Code.

 

 

Certificate or documentary evidence for advanced training

in techniques for fighting fire.

28.-(1) Seafarers designated to control fire-fighting operations must have successfully completed an advanced training in techniques    for    fighting    fire    with   particular   emphasis    on

organization, tactics and command, in accordance with the provisions of Part A-VI/3 of the STCW Code and must meet the standards of competence specified in it.

 

     (2)  Any candidate for a certificate or documentary evidence of advanced training in techniques for fighting fire must -

 

 

 

 

(a)       be not less than 18 years of age;  and

 

 

 

 

 

(b)       have successfully completed an approved advanced level training in techniques for fighting fire with particular emphasis on organization, tactics and command, in accordance with the provisions of section A-VI/3 of the STCW Code.

 

 

Certificate or documentary evidence to provide medical

first aid on board ship.

29.-(1) Seafarers, who have been assigned the duty to provide medical first aid on board a ship, must meet the standards of competence in medical first aid which are specified in Part A-VI/4, paragraphs 1 to 3, of the STCW Code.

     (2)  Any candidate for a certificate or documentary evidence of training to provide medical first aid on board ship must -

 

(a)       be not less than 18 years of age;  and

 

 

 

 

(b)       have successfully completed an approved training in providing medical first aid on board a ship in accordance with the provisions of Part A-VI/4, paragraphs 1 to 3, of the STCW Code.

 

 

Certificate or documentary evidence to take charge of medical care on board ship.

30.-(1) Seafarers, who have been assigned the duty to take medical care on board the ship, must meet the standards of competence in medical care on board ships as these are specified in Part A-VI/4, paragraphs 4 to 6, of the STCW Code.

 

     (2)  Any candidate for a certificate or documentary evidence of training to provide medical care on board a ship must-

 

 

 

(a)       be not less than 18 years of age; and

 

 

 

 

(b)       have successfully completed an approved training and have documentary evidence of the fact that he satisfies the standards of competence for the provision of medical care on board a ship, as these are specified in Part A-VI/4, paragraphs 4 to 6, of the STCW Code.

 

 

 

 

 

 

PART V

REQUIREMENTS FOR THE ISSUE OF CERTIFICATES OR

DOCUMENTARY EVIDENCE OF TRAINING

 

Requirements for the issue of certificates or documentary evidence of training.

31.-(1) The certificates or the documentary evidence mentioned in Part IV of this Law, shall be issued by the Competent Authority to seafarers, who have in the last five years graduated successfully from a maritime  training center, which operates under the supervision of the Competent Authority in accordance with the requirements of International Conventions, Codes or any other legislation in force at any time in Cyprus.

 

 

 

     (2)  Each application for the issue of a certificate or  documentary evidence of training must be submitted by the candidate, accompanied by the following evidence:

 

 

 

 

 

(a)       Certificate of medical examination that the candidate is physically and mentally fit for the requested certificate or documentary evidence.

 

 

 

 

 

(b)       Documentary evidences of the qualifications required for the requested certificate of maritime competence or training documentary evidences.

 

 

 

 

 

(c)        Original certificate of maritime competency immediately below the requested certificate, if applicable.

 

 

 

 

     (3)  For the issue of a certificate or documentary evidence of training, the prescribed fee must be paid.

 

 

Calculation of superfluous sea service.

32.-(1) For the issue of certificates in accordance with the provisions of subsections (1) and (2) of section 12, subsections (1) and (2) of section 13, sections 15 and 16 of this Law, superfluous sea service up to one fifth of the total seagoing service required may be taken into consideration, as long as it has been conducted at a post immediately below the certificate currently held by the candidate and the total sea service conducted at a post immediately below the requested certificate is not less than 18 months.

 

 

 

     (2)  Superfluous sea service may be only taken into consideration, if it has been conducted at a post immediately below the certificate currently held by the candidate.

 

 

 

     (3)  Sea service means the sea service conducted on board a ship in operation as a member of the crew. The sea service required is relevant to the requested certificate unless otherwise specified.

 

 

 

     (4)  Ships in operation are ships during a voyage or ships in port while loading or unloading or having at least three quarters of their normal crew on board.

 

 

 

     (5)  Candidates must hold the aforementioned qualifications at the time of application for the issue of the relevant certificate.

 

 

 

      (6) The qualifications must be proved by relevant certificates or documentary evidence.

 

 

Proof of sea service.

33.-(1) The sea service shall be evidenced by an official note issued by the Competent Authority in accordance with the entries in the Seafarers Register. If the sea service of a candidate has not yet been registered, any additional sea service registered in the book shall be taken into consideration.

 

 

 

     (2)  Sea service conducted on board foreign flagged ships shall be proved by an official note issued by the Administration of the flag State of the vessel which shall include the name, type, gross tonnage, port of registry, total number of main engines and propulsion power, the dates and ports of sign on and off of the seafarer, capacity, name and surname of the seafarer. The Competent Authority may request any additional information as evidence for the sea-going service.

 

 

 

     (3)  Sea service shall be taken into consideration, only if it satisfies the relevant provisions, regarding the specialization or the rank, for the issue of a certificate or training documentary evidence.

 

 

Examination of qualifications.

34.-(1) The qualifications of the candidates for certificates of maritime competency or documentary evidence of training shall be examined by a surveyor of the department of merchant shipping, nominated by the Director.

 

 

 

     (2) If during the examination it is found that there are deficiencies, the candidate shall be required to restore the deficiencies prior to the issue of the requested certificate or  documentary evidence of training.

 

 

Criminal offence for the deposit of

false certificates or documentary evidence.

35.      Persons that either issue or deposit false certificates or documentary evidence for the issue of certificates of maritime competence or training documentary evidence, shall be guilty of an offence and, in case of conviction, shall be liable to imprisonment for a period not exceeding six months or to a fine not exceeding two thousand pounds or to both such sentences; furthermore they shall be deprived for two years of the right to obtain a certificate of maritime competency or documentary evidence of training or to participate to relevant examinations.

 

 

PART VI

ISSUE AND ENDORSEMENT OF CERTIFICATES – FORM AND VALIDITY – REGISTRY OF CERTIFICATES AND DOCUMENTARY EVIDENCE OF TRAINING

 

Issue and form of certificates and  documentary evidence of training.

36.-(1) The certificates as well as the documentary evidence of training shall be issued by the Competent Authority in a prescribed form, including any variations as provided in accordance with Part A-1/2 of the STCW Code, and as long as all the requirements as stated in this Law have been complied with, and upon receipt of any prescribed fee which is due.

 

 

 

     (2)  The certificates or documentary evidence of training, which are issued in accordance with the provisions of the above paragraph, shall be in one of the official languages of Cyprus, and also in the English language.  All the required information shall be provided in roman characters and arabic figures.  The certificates and other documents shall be delivered to the person entitled to hold them and shall contain the following information:

 

 

 

 

 

(a)       Serial Number of Certificate or of documentary evidence of training.

 

 

 

 

 

(b)       Seafarer’s registration number.

 

 

(c)        Functional duties, level, capacity and limitations, if any.

 

 

 

 

 

(d)       Name, surname, father’s name and date of birth.

 

 

 

 

 

(e)       Any other necessary information.

 

 

 

 

 

(f)        Date of issue.

 

 

 

 

 

(g)       Signature of the holder.

 

 

 

 

 

(h)       Photograph of the holder.

 

 

 

     (3)  The certificates which are issued in accordance with the provisions of this Part for masters, officers and radio operators shall be endorsed by the Competent Authority.  The endorsements are incorporated in accordance with the provisions of Part A-1/2 of the STCW Code.

 

 

Validity of certificates and endorsements.

37.  Certificates and endorsements issued in accordance with the requirements of the above section, shall remain valid for sea service only as long as the holder can comply with the standards and conditions as to medical fitness and professional competency to act in the appropriate capacity, which is specified by this Law and STCW Convention.

 

 

Certificates and  documentary evidence of training in the Register.

38.-(1) All certificates, endorsements and documentary evidence of training issued under this Law, shall be recorded in a Register entitled "Certificates and Documentary Evidence of Training Register".

 

 

 

     (2)  The abovementioned Register shall be kept, in a manner prescribed by the Competent Authority, at the Directorate.

 

 

 

     (3)  All certificates, endorsements and documentary evidence of training, which have expired or have been revalidated, suspended, cancelled or reported lost or destroyed and any alteration of any other matters affecting any such certificate, endorsement or documentary evidence of training shall also be recorded in the Certificates and Documentary Evidence of Training Register.

 

 

 

     (4)  The Competent Authority is obliged to make available information on the status of such certificates, endorsements and dispensations to other member states or other Parties to STCW Convention and to other interested parties which request verification of the authenticity and validity of certificates produced to them by seafarers seeking recognition of their certificates or employment on board any ship.

Loss or destruction of certificates or other documents.

39.-(1) In case of loss, damage or wear and tear of a certificate or documentary evidence of training, the person entitled by law to the certificate or documentary evidence may request its replacement.

 

     (2)  Together with the application the person referred to in subsection (1) shall submit an affidavit as to the circumstances of loss, damage or wear and tear of certificate or documentary evidence, two photographs and any prescribed fee due.

 

 

 

     (3)  The Competent Authority, if it considers the request for replacement justified, shall issue a true copy of the original certificate or documentary evidence and deliver it to the person entitled to hold it. The issue of the true copy shall be recorded in the above mentioned Register.

 

 

Endorsement of certificates.

40. The certificates issued in accordance with the provisions of this Part shall be endorsed by the Competent Authority in accordance with the provisions of the STCW Convention, provided that the Competent Authority is satisfied that the holder of the certificate satisfies all the minimum mandatory requirements. The endorsement shall be recorded in the Register provided for in section 38.

 

 

 

 

Revalidation of certificates.

41.-(1) The certificates of the masters or other officers and radio operators issued in accordance with the provisions of this Part or which are recognized as equivalent in accordance with the provisions of Part VIII of this Law, shall not be valid for sea service unless they are revalidated.  Such validity may be extended at intervals not exceeding 5 years.,

 

 

 

     (2) In order for any of the certificate provided in subsection (1) to be revalidated, the holders must-

 

 

 

 

(a)       be in possession of the medical fitness certificate which verifies their mental and physical fitness,

 

 

 

 

 

(b)       establish continued professional competence in accordance with the provisions of Part A-I/11 of the STCW Code,           

 

 

 

 

 

(c)        have successfully completed the approved relevant training for their continuing seagoing service on board ships for which special training requirements have been internationally agreed upon.

 

 

 

 

 

 

 

     (3)  The Competent Authority shall, in consultation with those concerned, formulate or promote the formulation of a structure of refresher and updating courses as provided for in Part A-I/11 of the STCW Code.

 

 

 

     (4)  For the purpose of updating the knowledge of masters, officers and radio operators, the Competent Authority shall ensure that  the texts of recent changes in international regulations and legislation of Cyprus concerning the safety of life at sea and the protection of the marine environment are made available to ships entitled to fly its flag.

 

 

Refusal of the application for the issue or revalidation of certificate.

42.-(1)  The Competent Authority may decline the application for the issue or recognition or revalidation and extension of the validity of a certificate, irrespective of whether the applicant satisfies all the requirements provided for in this Law, if, taking into consideration all the relevant circumstances, it judges that the applicant is not a fit person to be holder of the certificate and to act in the capacity to which it relates.

 

 

 

     (2)  The decision of the Competent Authority declining the application shall be delivered in writing and with adequate reasoning to the applicant who shall have the right, within a time-limit of 45 days to require the conducting of an inquiry and of a review of the application.

 

 

 

     (3)  Two surveyors of the department of merchant shipping designated by the Director shall conduct the inquiry and submit a report of their findings to the Competent Authority.

 

 

Issue of certificates to seafarers holders of foreign certificates of competency.

43. Seafarers, who hold certificates of maritime competency of any rank of officer, issued by a foreign country and recognized in Cyprus, may, if they so wish, participate in a program for a certificate which is immediately above that they currently hold, provided that they have total  sea service equal to the  sea service required by this Law for the relevant certificate.

 

 

 

 

 

 

 

 

 

 

PART VII

CERTIFICATES FOR PERSONNEL WHO SERVE ON BOARD SHIPS WHICH NAVIGATE EXCLUSIVELY IN INLAND WATERS OR IN WATERS WITHIN, OR CLOSELY ADJACENT TO, SHELTERED WATERS OR AREAS WHERE PORT REGULATIONS APPLY

 

Personnel who serve on board

non-seagoing  ships .

44.-(1)  For  personnel who serve on board ships which   navigate exclusively in inland waters or in waters within, or closely adjacent to, sheltered waters or areas where port regulations apply, the Competent Authority may issue the following certificates:

 

 

(a)       Certificate of skipper (of non sea-going ships).

 

 

 

(b)       Certificate of navigational rating (for non sea-going ships)

 

 

 

(c)        Certificate of engine-room rating (for non sea-going ships).

 

 

 

     (2)  Any candidate for the above certificates must -

 

 

 

(a)       be not less than 18 years of age;           

 

 

 

 

 

(b)       have a medical examination report which indicates that the candidate is physically and mentally fit for the respective maritime service for the requested certificate;

 

 

 

 

 

(c)        have successfully completed an approved specialized training program which meets the standards of competence specified by the Competent Authority;

 

 

 

 

 

(d)       for the certificate of skipper, have approved sea service of not less than three years on board vessels of similar type.

 

 

PART  VIII

RECOGNITION OF CERTIFICATES ISSUED BY ANOTHER STATE WHICH IS A PARTY TO THE STCW CONVENTION

 

Recognition of certificates issued by another Party.

45.-(1) The Competent Authority may recognize, in accordance with Regulation I/2 of the STCW Convention, a certificate issued by the competent authority of another State which is a Party to the STCW Convention, which has been identified by the Maritime Safety Committee of the International Maritime Organisation as having demonstrated that it gives full and complete effect to the provisions of the STCW Convention, if it is satisfied, by taking all the necessary measures, which may include a survey of the installations and the control procedures that -

 

 

 

 

 

(a)       the requirements of the STCW Convention concerning standards of competence, the issue and endorsement of certificates and the keeping of registers are fully complied with;

 

 

 

 

 

(b)       the other Party to the STCW Convention will give prompt notification of any significant change in the arrangements for the training and certification, which are provided for in STCW Convention; and

 

 

 

 

 

(c)        with respect to third countries that a quality standards system has been established pursuant to regulation 1/8 of the STCW Convention.

 

 

 

     (2)  Where the Competent Authority recognizes a certificate pursuant to subsection (1) of this section, for a master, officer or radio operator it shall endorse such a certificate in order to attest its recognition, if its satisfied that there has been compliance with the requirements of the STCW Convention, which are stated in paragraphs (a) (b), and (c) of subsection (1) of this section and that any prescribed fee has been paid.

 

 

 

     (3)  The endorsement shall be done in accordance with Regulation I/2 of the STCW Convention, in the form of a separate document, entitled “ENDORSEMENT CONFIRMING THE RECOGNITION OF A CERTIFICATE."

 

 

 

     (4)  The Competent Authority may, if the circumstances so require, allow a seafarer to serve with a specialisation, other than that of the radio officer or radio operator, except as provided by the Radiocommunications Regulations, for a period not exceeding three months on board a Cyprus ship, as long as he holds an appropriate and valid certificate issued and endorsed as required by another State Party in which the STCW Convention has been put in force, for use on board that Party's ships but which has not yet been endorsed.

 

 

 

     (5)  The Competent Authority must ensure that seafarers who present, for recognition, certificates issued under the provisions of Regulations II/2, III/2 or III/3, or issued under VII/1 at the management level, as defined in the STCW Code, have an appropriate knowledge of the national maritime legislation, relevant to the tasks they are permitted to perform.

 

 

 

     (6)  In case the Competent Authority revokes the endorsement of the recognition of a certificate which it has recognized, due to disciplinary or other reasons, it must notify in writing the Party wherein the relevant certificate was issued, stating the reasons which led to the revocation of the endorsement.

 

 

 

     (7)  The Competent Authority must communicate information and the measures agreed upon, according to the provisions of this section, to the Secretary-General of the International Maritime Organization in conformity with the requirements of Regulation I/7 of the STCW Convention.

 

 

 

     (8)  With the reservation of subsection (1) the recognition of certificates which have been issued by the competent authorities of member states are subject to the provisions of Directive 89/48/EEC of the Council of 21 December 1988 on a general system for the recognition of higher education diplomas awarded on completion of professional education and training of at least three years duration (OJ L 019, 24.1.1989, p. 16-23) and Directive 92/51/EEC of the Council of 18 June 1992 on a second general system of recognition of professional education and training to supplement Directive 89/48/EEC (OJ L 209, 24.7.1992, p. 25-45).

 

 

 

     (9)  The Competent Authority shall notify the Commission of the European Communities of the appropriate certificates it has recognized or intends to recognize.

 

 

 

     (10) The Competent Authority may raise an objection within three months following its having been informed by the Commission of the European Communities with respect to the recognition or the intention to recognize certificates of a third country by another member state, in accordance with the criteria referred to in Annex II of Directive 2001/25/EC.

 

 

PART  IX

MARITIME TRAINING AND RECOGNITION OF MARITIME TRAINING CENTERS

 

Supervision of maritime training.

46.-(1) The training and assessment of seafarers shall be conducted under the supervision and monitoring of the Competent Authority in accordance with the provisions of Section A- I/6 of the STCW Code.

 

 

 

     (2)  The training of seafarers may be conducted only by recognized, pursuant to section 47, training centers, which conduct approved training programs.

 

 

Recognition of training programs.

47.-(1) For the recognition of a maritime training center and the approval of its training programs, a relevant application must be submitted by the center and shall include the following information:

 

 

 

 

 

(a)       The required entry qualifications of the candidates for the training programs.

 

 

 

 

 

(b)       The order of classes/lessons and for each class/lesson schedule.

 

 

 

 

 

(c)        Description of the premises, the facilities and of the equipment used for the training program.

 

 

 

 

 

(d)       Qualifications (accompanied with curriculum vitae) of all the persons in charge of the training and the assessment of the trainees.

 

 

 

 

 

(e)       Maximum number of trainees and ratio of trainers/assessors/ equipment/trainees.

 

 

 

 

 

(f)        Description of the quality standards system applied for supervision of the training, assessment and certification of trainees.

 

 

 

 

 

(g)       Procedure, type and purpose of examination.

 

 

 

 

 

(h)       Procedure, type and scope of evaluation.

 

 

(i)         Minimum standard of competency to be achieved for the issue of documentary evidence in proof of successful attendance.

 

 

 

 

 

(j)         Specimen of the documentary evidence described in paragraph (i).

 

 

 

     (2)  Those responsible for the training and assessment of competence of seafarers, must be appropriately qualified in accordance with the provisions of section A-I/6 of the STCW Code for the type and level of training or assessment involved.

 

 

 

     (3)  The training, assessment of competence and certification activities carried out are continuously monitored through a quality standards system to ensure achievement of defined objectives, including those concerning the qualifications and experience of instructors and assessors in accordance with the provisions of Part A-I/8 of the STCW Code.

 

 

 

     (4)  An evaluation is periodically undertaken in accordance with the provisions of Part A-I/8 of the STCW Code by qualified persons who are not themselves involved in the activities concerned.

 

 

 

     (5) With respect to the use of simulators, the performance standards and other provisions set out in Part A-I/12 of the STCW Code and such other requirements as are prescribed in Part A of the STCW Code for any certificate concerned shall be complied with in respect of-

 

 

 

 

(a)       all mandatory simulator-based training;

 

 

 

 

(b)       any assessment of competence required by Part A of the STCW Code which is carried out by means of a simulator; and

 

 

 

 

 

(c)        any demonstration, by means of a simulator, of continued proficiency required by Part A of the STCW Code.

 

 

 

 

      (6)  Simulators installed or brought into use before 1 February 2002 may be exempted from full compliance with the performance standards referred to in subsection (5) at the discretion of the Competent Authority.

 

 

 

(7) Without prejudice to the provisions of this section any application for recognition of training programs shall be answered as soon as possible by the Competent Authority and, in no case after the elapse of 1 month following the completion of the evaluation of the training committee: provided that the training committee shall take no longer than 1 month in reaching its decision following the submission of the relevant evaluation report.

 

 

Inspection of maritime training centers.

48.-(1) An officer of the Directorate designated by the Competent Authority, shall draft a relevant report following survey of the training facilities, equipment, and the procedures followed for a training program for verifying compliance with above requirements.

 

     (2)  The said report, together with all the information submitted by the training center shall be examined by a three-member committee, out of the specialists in each case composed by decision of the Minister, and which shall decide for the approval of the proposed training program.

 

 

Monitoring of training programs.

49.-(1) The Competent Authority shall be responsible to control the carrying out of training programs over a five-year period or whenever it deems necessary, in accordance with the provisions of Part A-I/8 of the STCW Code. The information relating to the evaluation must be communicated to the Secretary-General of the International Maritime Organization.

 

 

 

     (2)  The maritime training center must forward to the Competent Authority a list of the candidates at least eight days prior to the commencement of each training program.

 

 

 

     (3)  The maritime training center must forward to the Competent Authority a list of all the candidates that successfully completed a training program immediately after the completion of the training program.

 

 

 

     (4)  The maritime training center must give prompt notification of any significant changes in the training schedule, the qualifications of the candidates, the equipment, the qualifications of the persons in charge of the training and the assessment of the seafarers and the quality standards.

 

 

 

     (5)  The Competent Authority shall ensure that-

 

 

 

 

(a)       all training and assessment of seafarers is-

 

 

 

 

 

(i)         structured in accordance with the written programmes, including such methods and media of delivery, procedures and course material as are necessary to achieve the prescribed standard of competence; and

(ii)        conducted, monitored, evaluated and supported by persons qualified in accordance with paragraphs (d), (e) and (f);

 

 

 

 

(b)       persons conducting in-service training or assessment on board ship do so only when such training or assessment will not adversely affect the normal operation of the ship and they can dedicate their time and attention to training or assessment;

 

 

 

 

(c)        instructors, supervisors and assessors are appropriately qualified for the particular types and levels of training or assessment of competence of seafarers either on board or ashore;

 

 

 

 

(d)       any person conducting in-service training of a seafarer, either on board or ashore, which is intended to be used in qualifying for certification under the present Law-

 

 

 

 

 

(i)         has an appreciation of the training programme and an understanding of the specific training objectives for the particular type of training being conducted,

(ii)        is qualified in the task for which training is being conducted, and

(iii)       if conducting training using a simulator-

 

 

 

 

(aa)     has received appropriate guidance in instructional techniques involving the use of simulators; and

 

 

 

 

(bb)     has acquired practical operational experience on the particular type or simulator being used;

 

 

 

 

(e)       any person responsible for the supervision of  the in-service training of a seafarer intended to be used in qualifying for certification has a full understanding of the training programme and the specific objectives for each type of training being conducted;

 

 

 

 

(f)        any person conducting in-service assessment of the competence of a seafarer, either on board or ashore, which is intended to be used in qualifying for certification-

 

 

 

 

(i)         has an appropriate level of knowledge and understanding of the competence to be assessed;

(ii)        is qualified in the task for which the assessment is being made;

(iii)       has received appropriate guidance in assessment methods and practice;

(iv)       has gained practical assessment experience; and

(v)        if conducting assessment involving the use of simulators, has gained practical assessment experience on the particular type of simulator under the supervision and to the satisfaction of an experienced assessor.

 

 

Evaluation.

50. The Competent Authority shall ensure that periodical evaluation will be conducted in accordance with the provisions of Part A-I/8 of the STCW Code, in time periods which do not exceed five years, by qualified persons which are not involved in the said activities and the relevant information will be communicated to the Secretary General of the International Maritime Organisation and to the Commission of the European Communities within six months of conducting such an evaluation.

 

 

PART  X

FINAL PROVISIONS


 

Inspection of non-Cyprus ships.

51.      The Competent Authority shall take all necessary measures to ensure that ships flying the flag of a country which has not ratified the STCW Convention or which have a master, officers or ratings holding certificates which have not been recognized in accordance with Part VIII of this Law, are inspected as a matter of priority, to check whether the level of training and competence of their crews meet the standards laid down in the STCW Convention and this Law.

 

 

Regulations.

52. The Presidential Council may make Regulations to be published in the Gazette for the better carrying into effect of the provisions of this Law.

 

 

Savings.

53.-(1) Any certificate or documentary evidence of training issued, recognised or endorsed by any  authority in Cyprus prior to the entry into force of this Law  shall be deemed to be valid or to exist until its replacement or expiry, if the said certificate or  documentary evidence of training is recognised as valid under Article 12 of the Foundation Agreement and if it  satisfies the terms and requirements of this Law.

 

 

 

     (2) Any certificate, endorsement and documentary evidence of training registered by any authority in Cyprus prior to the entry into force of this Law, shall be deemed to be registered in the Certificates and Documentary Evidence of Training Register under this Law, if the said registration is recognised as valid under Article 12 of the Foundation Agreement and if it satisfies the provisions of this Law.