Par 1995.gada Starptautisko konvenciju par zvejas kuģu personāla sagatavošanas un diplomēšanas, kā arī sardzes pildīšanas standartiem

Par 1995.gada Starptautisko konvenciju par zvejas kuģu personāla sagatavošanas un diplomēšanas, kā arī sardzes pildīšanas standartiem Uzmanību! Jūs lietojat neatbilstošu interneta pārlūkprogrammu. Lai varētu lietot visas Likumi.lv piedāvātās iespējas, piedāvājam BEZ MAKSAS ielādēt jaunāku pārlūkprogrammas versiju. Iesakām izmēģināt arī vietnes MOBILO VERSIJU - m.likumi.lv (piemērota arī mazāk jaudīgiem datoriem). nerādīt turpmāk šo paziņojumu Apstiprināt Paldies par viedokli!   Rādīt vēlāk LATVIJAS REPUBLIKAS TIESĪBU AKTI veidi tēmas visvairāk skatītie jaunākie LV  EN uz sākumu meklēt Izvērstā meklēšana Noklusējuma vērtības Izvērstā meklēšana Kā meklēt? Meklēt nosaukumā meklēt locījumos meklēt frāzi Meklēt tekstā meklēt locījumos meklēt frāzi Izdevējs Veids nemeklēt grozījumos Pieņemts Stājas spēkā Dokumenta Nr. līdz līdz Publicēts LV Zaudējis spēku Redakcija uz līdz līdz Statuss: spēkā esošs vēl nav spēkā zaudējis spēku meklēt notīrīt Saeima ir pieņēmusi un Valsts prezidents izsludina šādu likumu: Par 1995.gada Starptautisko konvenciju par zvejas kuģu personāla sagatavošanas un diplomēšanas, kā arī sardzes pildīšanas standartiem 1.pants. 1995.gada 7.jūlija Starptautiskā konvencija par zvejas kuģu personāla sagatavošanas un diplomēšanas, kā arī sardzes pildīšanas standartiem (turpmāk — Konvencija) ar šo likumu tiek pieņemta un apstiprināta. 2 2.pants. Konvencijā paredzēto saistību izpildi koordinē Satiksmes ministrija. 3 3.pants. Konvencija stājas spēkā tās 12.pantā noteiktajā laikā un kārtībā, un Ārlietu ministrija par to paziņo laikrakstā "Latvijas Vēstnesis". 4 4.pants. Likums stājas spēkā nākamajā dienā pēc tā izsludināšanas. Līdz ar likumu izsludināma Konvencija angļu valodā un tās tulkojums latviešu va­lodā. 5 Likums Saeimā pieņemts 2006.gada 12.oktobrī Valsts prezidente V.Vīķe-Freiberga Rīgā 2006.gada 1.novembrī INTERNATIONAL CONVENTION ON STANDARDS OF TRAINING, CERTIFICATION AND WATCHKEEPING FOR FISHING VESSEL PERSONNEL, 1995. THE PARTIES TO THIS CONVENTION,NOTING the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978 (hereinafter referred to as the "1978 STCW Convention"),DESIRING to further promote safety of life and property at sea and the protection of the marine environment by establishing in common agreement international standards of training, certification and watchkeeping for personnel employed on board fishing vessels,CONSIDERING that this end may be best achieved by the conclusion of an International Convention on Standards of Training, Certification and Watchkeeping for Fishing Vessel Personnel, hereinafter referred to as "the Convention",HAVE AGREED as follows:Article 1. General obligations1 The Parties undertake to give effect to the provisions of the Convention and the annex thereto, which shall constitute an integral part of the Convention. Every reference to the Convention constitutes at the same time a reference to the annex thereto.2 The Parties undertake to promulgate all laws, decrees, orders and regulations and to take all other steps which may be necessary to give the Convention full and complete effect, so as to ensure that, from the point of view of safety of life and property at sea and the protection of the marine environment, seagoing fishing vessel personnel are qualified and fit for their duties.Article 2. DefinitionsFor the purpose of the Convention, unless expressly provided otherwise:.1 Party means a State for which the Convention has entered into force..2 Administration means the Government of the Party whose flag the vessel is entitled to fly..3 Certificate means a valid document, by whatever name it may be known, issued or recognized in accordance with the provisions of the Convention, authorizing the holder to serve as stated in this document or as authorized by national regulations..4 Certificated means properly holding a certificate..5 Organization means the International Maritime Organization..6 Secretary-General means the Secretary-General of the Organization..7 Fishing vessel or vessel means any vessel used commercially for catching fish or other living resources of the sea..8 Seagoing fishing vessel means a fishing vessel 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.Article 3. ApplicationThe Convention shall apply to personnel serving on board seagoing fishing vessels entitled to fly the flag of a Party.Article 4. Communication of informationEach Party shall communicate to the Secretary-General the following information:.1 a report on the measures it has taken to give full and complete effect to the provisions of the Convention, including a specimen of certificates issued in compliance with the Convention; and.2 other information which may be specified or provided for in regulation I/5.Article 5. Other treaties and interpretation1 All prior treaties, conventions and arrangements relating to standards of training, certification and watchkeeping for fishing vessel personnel in force between the Parties, shall continue to have full and complete effect during the terms thereof as regards:.1 fishing vessel personnel to whom this Convention does not apply; and.2 fishing vessel personnel to whom this Convention applies, in respect of matters for which it has not expressly provided.2 To the extent, however, that such treaties, conventions or arrangements conflict with the provisions of the Convention, the Parties shall review their commitments under such treaties, conventions and arrangements with a view to ensuring that there is no conflict between these commitments and their obligations under the Convention.3 All matters which are not expressly provided for in the Convention remain subject to the legislation of Parties.Article 6. CertificationFishing vessel personnel shall be certificated in accordance with the provisions of the annex to this Convention.Article 7. National provisions1 Each Party shall establish processes and procedures for the impartial investigation of any reported incompetency, act or omission, that may pose a direct threat to safety of life or property at sea or to the marine environment, by the holders of certificates or endorsements issued by that Party in connection with their performance of duties related to their certificates and for the withdrawal, suspension and cancellation of such certificates for such cause and for the prevention of fraud.2 Each Party shall prescribe penalties or disciplinary measures for cases in which the provisions of its national legislation giving effect to this Convention are not complied with in respect of vessels entitled to fly its flag or of fishing vessel personnel duly certificated by that Party.3 In particular, such penalties or disciplinary measures shall be prescribed and enforced in cases in which:.1 an owner, owner's agent or skipper has engaged a person not holding a certificate as required by this Convention;.2 a skipper has allowed any function or service in any capacity required by these regulations to be performed by a person holding an appropriate certificate to be performed by a person not holding an appropriate certificate or dispensation; or.3 a person has obtained by fraud or forged documents an engagement to perform any function or serve in any capacity required by these regulations to be performed or filled by a person holding a certificate or dispensation.4 A Party within whose jurisdiction there is based an owner or owner's agent or any person who is believed on clear grounds to have been responsible for, or to have knowledge of, any apparent non-compliance with the Convention specified in paragraph 3, shall extend all co-operation possible to any Party which advises it of its intention to initiate proceedings under its jurisdiction.Article 8. Control1 Fishing vessels, while in the port of another Party, are subject to control by officers duly authorized by that Party to verify that all persons serving on board who are required to be certificated by this Convention are so certificated or hold an appropriate dispensation.2 In the event of failure to correct any deficiency referred to in paragraph 3 of regulation I/4 in so far as it poses a danger to persons, property or the environment, the Party carrying out the control shall take steps to ensure that the vessel 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 and to the Administration.3 When exercising control:.1 all possible efforts shall be made to avoid a vessel being undulydetained or delayed. If a vessel is unduly detained or delayed, it shall be entitled to compensation for any loss or damage resulting therefrom; and.2 the discretion allowed in the case of the personnel of foreign fishing vessels shall not be less than that afforded to the personnel of vessels flying the flag of the port State.4 This article shall be applied as may be necessary to ensure that no more favourable treatment is given to a vessel entitled to fly the flag of a non-Party than is given to a vessel entitled to fly the flag of a Party.Article 9. Promotion of technical co-operation1 Parties to the Convention shall promote, in consultation with and with the assistance of the Organization, support for those States which request technical assistance for the:.1 training of administrative and technical personnel;.2 establishment of institutions for training of fishing vessel personnel;.3 supply of equipment and facilities for training institutions;.4 development of adequate training programmes, including practical training on seagoing fishing vessels; and.5 facilitation of other measures and arrangements to enhance the qualifications of fishing vessel personnel,preferably on a national, sub-regional or regional basis, to further the aims and purposes of the Convention, taking into account the special needs of developing countries in this regard.2 On its part, the Organization shall pursue the aforesaid efforts, as appropriate, in consultation or association with other international organizations, particularly the International Labour Organization and the Food and Agriculture Organization of the United Nations.Article 10. Amendments1 The Convention may be amended by either of the procedures specified in this article.2 Amendments after consideration within the Organization:.1 Any amendment proposed by a Party shall be submitted to the Secretary-General, who shall then circulate it to all Members of the Organization, to all the Parties and to the Directors-General of the International Labour Office and of the Food and Agriculture Organization of the United Nations respectively, at least six months prior to its consideration..2 Any amendment proposed and circulated as above shall be referred to the Maritime Safety Committee of the Organization for consideration..3 Parties whether or not Members of the Organization shall be entitled to participate in the proceedings of the Maritime Safety Committee for the consideration and adoption of amendments..4 Amendments shall be adopted by a two-thirds majority of the Parties present and voting in the Maritime Safety Committee, expanded as provided for in paragraph 2.3 (hereinafter referred to as "the expanded Maritime Safety Committee"), on condition that at least one-third of the Parties shall be present at the time of voting..5 Amendments adopted in accordance with paragraph 2.4 shall be communicated by the Secretary-General to all the Parties..6 An amendment to an article shall be deemed to have been accepted on the date on which it is accepted by two thirds of the Parties..7 An amendment to the annex or to an appendix to the annex shall be deemed to have been accepted:.7.1 at the end of two years from the date of adoption; or.7.2 at the end of a different period, which shall not be less than one year, if so determined at the time of its adoption by a two-thirds majority of the Parties present and voting in the expanded Maritime Safety Committee.If, within the specified period, more than one third of the Parties notify the Secretary General that they object to the amendment, it shall be deemed not to have been accepted..8 An amendment to an article shall enter into force, with respect to those Parties which have accepted it, six months after the date on which it is deemed to have been accepted, and with respect to each Party which accepts it after that date, six months after the date of that Party's acceptance..9 An amendment to the annex and to an appendix to the annex shall enter into force with respect to all Parties, except those which have objected to the amendment under paragraph 2.7 and which have not withdrawn such objections, six months after the date on which it is deemed to have been accepted. However, before the date set for entry into force any Party may give notice to the Secretary-General that it exempts itself from giving effect to that amendment for a period not longer than one year from the date of its entry into force, or for such longer period as may be determined by a two-thirds majority of the Parties present and voting in the expanded Maritime Safety Committee at the time of the adoption of the amendment.3 Amendment by a Conference:.1 Upon the request of a Party concurred with by at least one third of the Parties, the Organization shall convene, in association or consultation with the Directors-General of the International Labour Office and of the Food and Agriculture Organization of the United Nations respectively, a Conference of the Parties to consider amendments to the present Convention..2 Every amendment adopted by such a Conference by a two-thirds majority of the Parties present and voting shall be communicated by the Secretary-General to all the Parties for acceptance..3 Unless the Conference decides otherwise, the amendment shall be deemed to have been accepted and shall enter into force in accordance with the procedures specified in paragraphs 2.6 and 2.8 or 2.7 and 2.9 respectively, provided that references in those paragraphs to the expanded Maritime Safety Committee shall be taken to mean references to the Conference.4 Any declaration of acceptance of, or objection to, an amendment or any notice given under paragraph 2.9 shall be submitted in writing to the Secretary-General, who shall inform all Parties of any such submission and the date of its receipt.5 The Secretary-General shall inform all the Parties of any amendments which enter into force, together with the date on which each such amendment enters into force.Article 11. Signature, ratification, acceptance, approval and accession1 The Convention shall remain open for signature at the Headquarters of the Organization from 1 January 1996 until 30 September 1996 and shall thereafter remain open for accession. States may become Parties to the Convention by:.1 signature without reservation as to ratification, acceptance or approval; or.2 signature subject to ratification, acceptance or approval, followed by ratification, acceptance or approval; or.3 accession.2 Ratification, acceptance, approval or accession shall be effected by the deposit of an instrument to that effect with the Secretary-General.Article 12. Entry into force1 The Convention shall enter into force 12 months after the date on which not less than 15 States have either signed it without reservation as to ratification, acceptance, or approval, or have deposited the requisite instruments of ratification, acceptance, approval or accession in accordance with article 11.2 For States which have deposited an instrument of ratification, acceptance, approval or accession in respect of the Convention after the requirements for entry into force thereof have been met but prior to the date of entry into force, the ratification, acceptance, approval or accession shall take effect on the date of entry into force of the Convention or three months after the date of deposit of the instrument, whichever is the later date.3 For States which have deposited an instrument of ratification, acceptance, approval or accession after the date on which the Convention entered into force, the Convention shall become effective three months after the date of deposit of the instrument.4 After the date on which an amendment to the Convention is deemed to have been accepted under article 10, any instrument of ratification, acceptance, approval or accession deposited shall apply to the Convention as amended.Article 13. Denunciation1 The Convention may be denounced by any Party at any time after the expiry of five years from the date on which the Convention enters into force for that Party.2 Denunciation shall be effected by notification in writing to the Secretary-General.3 A denunciation shall take effect 12 months after receipt of the denunciation by the Secretary-General or after the expiry of any longer period which may be indicated in the notification.Article 14. Depositary1 The Convention shall be deposited with the Secretary-General of the Organization (hereinafter referred to as "the depositary").2 The depositary shall:.1 inform the Governments of all States which have signed the Convention or acceded thereto of:.1.1 each new signature or deposit of an instrument of ratification, acceptance, approval or accession, together with the date thereof;.1.2 the date of entry into force of the Convention;.1.3 the deposit of any instrument of denunciation of the Convention, together with the date on which it was received and the date on which the denunciation takes effect; and.2 transmit certified true copies of the Convention to the Governments of all States which have signed the present Convention or acceded thereto.3 As soon as the Convention enters into force a certified true copy thereof shall be transmitted by the depositary to the Secretary-General of the United Nations, for registration and publication in accordance with Article 102 of the Charter of the United Nations.Article 15. LanguagesThe Convention is established in a single original in the Arabic, Chinese, English, French, Russian and Spanish languages, each text being equally authentic.IN WITNESS WHEREOF the undersigned, being duly authorized by their respective Governments for that purpose, have signed the Convention.*DONE AT LONDON, this seventh day of July, one thousand nine hundred and ninety five.* Signatures omitted.ANNEXCHAPTER IGENERAL PROVISIONSRegulation 1. DefinitionsFor the purpose of this annex the following definitions apply.1 Regulations means regulations contained in the annex to the Convention.2 Approved means approved by the Party in accordance with the regulations.3 Skipper means the person having command of a fishing vessel.4 Officer means a member of the crew, other than the skipper, designated as such by national law or regulations or, in the absence of such designation, by collective agreement or custom.5 Officer in charge of a navigational watch means an officer qualified in accordance with regulation II/2 or II/4 of this Convention.6 Engineer officer means an officer qualified in accordance with regulation II/5 of this Convention.7 Chief engineer officer means the senior engineer officer responsible for the mechanical propulsion and operation and maintenance of mechanical and electrical installations of the vessel.8 Second engineer officer means the engineer officer next in rank to the chief engineer officer and upon whom the responsibility for the mechanical propulsion and the operation and maintenance of the mechanical and electrical installations of the vessel will fall in the event of the incapacity of the chief engineer officer.9 Radio operator means a person holding an appropriate certificate issued or recognized by an Administration under the provisions of the Radio Regulations.10 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.11 1978 STCW Convention means the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, as amended.12 1993 Torremolinos Protocol means the Torremolinos Protocol of 1993 relating to the Torremolinos International Convention for the Safety of Fishing Vessels, 1977.13 Propulsion power means the total maximum continuous rated output power in kilowatts of all the vessel's main propulsion machinery which appears on the vessel's certificate of registry or other official document.14 Limited waters means those waters in the vicinity of a Party as defined by its Administration within which a degree of safety is considered to exist which enables the standards of qualification and certification for skippers and officers of fishing vessels to be set at a lower level than for service outside the defined limits. In determining the extent of limited waters the Administration shall take into consideration the guidelines developed by the Organization.*15 Unlimited waters means waters beyond limited waters.16 Length (L) shall be taken as 96% of the total length on a waterline at 85% of the least moulded depth measured from the keel line, or as the length from the foreside of the stem to the axis of the rudder stock on that waterline, if that be greater. In vessels designed with rake of keel the waterline on which this length is measured shall be parallel to the designed waterline.17 Moulded depth is the vertical distance measured from the keel line to the top of the working deck beam at side.* Reference is made to annex 1 of resolution A.539(13) - Certification of skippers and officers in charge of a navigational watch on fishing vessels of 24 metres in length and over, adopted by the Organization.Regulation 2. ApplicationThe Administration of a Party, if it considers it unreasonable or impracticable to apply the full requirements of regulations II/3, II/4 and II/5 and the requirement of the use of English language to personnel serving on board a fishing vessel of less than 45 metres in length operating exclusively from its ports and fishing within its limited waters, may determine which of these regulations should not apply, wholly or in part, to such personnel, without derogation from the principles of safety in the Convention. In such a case, the Administration concerned shall report to the Secretary-General on the details of the measures it has taken with respect to the training and certification of such personnel.Regulation 3. Certificates and endorsements1 Certificates for fishing vessel personnel shall only be issued if the requirements for service, age, medical fitness, training, qualification and examinations are met in accordance with these regulations.2 A certificate issued by a Party in compliance with paragraph 1 shall be endorsed by that Party attesting the issue of that certificate in the form as prescribed in appendix 1 or appendix 2.3 Certificates and endorsements shall be issued in the official language or languages of the issuing country. If the language used is not English, the text shall include a translation into that language.4 In respect of radio operators, Parties may:.1 include the additional knowledge required by regulation II/6 in the examination for the issue of a certificate complying with the Radio Regulations; or.2 issue a separate certificate indicating that the holder has the additional knowledge required by regulation II/6.5 The Administration which has recognized a certificate issued by or under the authority of another Party in compliance with regulation 7 shall issue an endorsement attesting the recognition of that certificate in the form prescribed in appendix 3.6 The endorsement shall expire as soon as the certificate endorsed expires or is withdrawn, suspended or cancelled by the Party which issued it and, in any case, not more than five years after the date of issue.7 Any appropriate certificate issued under the provisions of the 1978 STCW Convention, for the holder to serve as a Chief Engineer Officer, an Engineer Officer or Radio Operator, shall be deemed to be a corresponding certificate for the purposes of paragraph 1 with regard to fishing vessels.8 Subject to the variations permitted under appendices 1, 2 and 3, Administrations may use a format different from the format given in those appendices provided that such format contains, as a minimum, the required information and that the particulars are inserted in Roman characters and Arabic figures.Regulation 4. Control procedures1 Control exercised by a duly authorized officer under article 8 shall be limited to the following:.1 verification that all fishing vessel personnel serving on board who are required to be certificated by this Convention are so certificated or hold the required dispensation. 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; and.2 assessment of the ability of the fishing vessel personnel to maintain watchkeeping standards as required by the Convention if there are clear grounds for believing that such standards are not being maintained, because the following have occurred:.2.1 the vessel has been involved in a collision, grounding or stranding; or.2.2 there has been a discharge of substances from the vessel when under way, at anchor or at berth which is illegal under international conventions; or.2.3 the vessel has been manoeuvred in an erratic or unsafe manner, whereby routeing measures adopted by the Organization, or safe navigation practices and procedures, have not been followed; or.2.4 the vessel is otherwise being operated in such a manner as to pose a danger to persons, property or the environment.2 In the event that deficiencies are found under paragraph 1, the officer carrying out the control shall forthwith inform, in writing, the skipper of the vessel and the Administration, so that appropriate action may be taken. Such notification shall specify the details of the deficiencies found and the grounds on which the Party determines that these deficiencies pose a danger to persons, property or the environment.3 Deficiencies which may be deemed to pose a danger to persons, property or the environment include the following:.1 failure of persons, required to hold a certificate, to have an appropriate certificate or dispensation;.2 failure of navigational or engineering watch arrangements to conform to the requirements specified for the vessel by the Administration;.3 absence in a watch of a person qualified to operate equipment essential to safe navigation, safety radiocommunications or the prevention of pollution; or.4 inability to provide rested persons for the first watch at the commencement of a voyage, and for subsequent relieving watches.Regulation 5. Communication of information1 The Secretary-General shall, on request, provide Parties with any information communicated to him under article 4.2 A Party which fails to communicate information required by article 4 within twenty-four months after the date of entry into force of the Convention for a Party shall not be entitled to claim the privileges of this Convention until such time as the information has been received by the Secretary-General.Regulation 6. Administration of certification arrangements1 Each Party undertakes to establish and maintain a means of ensuring that pro­grammes incorporating such instruction and practical training as is necessary to achieve the competency standards are regularly monitored to ensure their effectiveness.2 Each Party undertakes, to the extent practicable, to maintain a register or registers of all certificates and endorsements specified in regulations 3 and II/1 to II/6 which are issued, have expired, or have been revalidated, reported lost, suspended or cancelled, and of dispensations issued, and provide information on the status of such certificates, endorsements and dispensations when so requested by another Party.Regulation 7. Recognition of certificates1 Each Administration shall ensure, in order to recognize, by endorsement in accordance with regulation 3, a certificate issued by or under the authority of another Party, that the requirements for standards of competence, as well as the issue and endorsement of certificates by that Party, are fully complied with.2 Certificates issued by or under the authority of a non-Party shall not be recognized.3 Notwithstanding the requirement of paragraph 1 of this regulation and paragraph 5 of regulation 3, an Administration may, if circumstances require, allow a person to serve for a period not exceeding three months on board a vessel entitled to fly its flag while holding an appropriate and valid certificate issued by another Party without it being endorsed as required by paragraph 5 of regulation 3 provided that documented proof is made available that application for an endorsement has been submitted to the Administration.Regulation 8. Transitional provisions1 A certificate of competency or of service in a capacity for which this Convention requires a certificate and which before entry into force of the Convention for a Party is issued in accordance with the laws of that Party or the Radio Regulations, shall be recognized as valid for service after entry into force of the Convention for that Party.2 After the entry into force of the Convention for a Party, it may continue to issue certificates of competency in accordance with its previous practices for a period not exceeding five years. Such certificates shall be recognized as valid for the purpose of the Convention. During this transitional period such certificates shall be issued only to persons who had commenced their sea service before entry into force of the Convention for that Party within the specific ship department to which those certificates relate. The Party shall ensure that all other candidates for certification shall be examined and certificated in accordance with the Convention.3 A Party may, within two years after entry into force of the Convention for that Party, issue a certificate of service to fishing vessel personnel who hold neither an appropriate certificate under the Convention nor a certificate of competency issued under its laws before entry into force of the Convention for that Party but who have:.1 served in the capacity for which they seek a certificate of service for not less than three years at sea within the last seven years preceding entry into force of the Convention for that Party;.2 produced evidence that they have performed that service satisfactorily; and.3 satisfied the Party as to medical fitness, including eyesight and hearing, taking into account their age at the time of application.For the purpose of the Convention, a certificate of service issued under this paragraph shall be regarded as the equivalent of a certificate issued under the Convention.Regulation 9. Dispensation1 In circumstances of exceptional necessity, an Administration, if in its opinion this will not cause danger to persons, property or the environment, may issue a dispensation permitting a person to serve in a specified fishing vessel for a specified period not exceeding six months in a capacity, other than that of the radio operator, except as provided by the relevant Radio Regulations, for which the person 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, to the satisfaction of the Administration.2 Any dispensation granted for a post shall be granted only to a person properly certificated to fill the post immediately below it. Where certification of the post below is not required by the Convention, a dispensation may be issued to a person whose competence and experience are, in the opinion of the Administration, clearly equivalent to the requirements for the post to be filled, provided that, if such a person holds no appropriate certificate, the person shall be required to pass a test accepted by the Administration as demonstrating that such a dispensation may safely be issued. In addition, the Administration shall ensure that the post in question is filled by the holder of an appropriate certificate as soon as possible.3 Each Party shall as soon as possible after 1 January 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, including nil returns.Regulation 10. Equivalents1 The Convention shall not prevent a Party from retaining or adopting other educational and training arrangements, including those involving seagoing service and shipboard organization especially adapted to technical developments and to special types of vessels, provided that the level of seagoing service, knowledge and efficiency as regards navigational and technical handling of vessels ensures a degree of safety at sea and has a preventive effect as regards pollution at least equivalent to the requirements of the Convention.2 Details of such arrangements shall be included in the report under article 4.CHAPTER IICERTIFICATION OF SKIPPERS, OFFICERS, ENGINEER OFFICERS AND RADIO OPERATORSRegulation 1. Mandatory minimum requirements for certification of skippers on fishing vessels of 24 metres in length and over operating in unlimited waters1 Every skipper on a fishing vessel of 24 metres in length and over operating in unlimited waters shall hold an appropriate certificate.2 Every candidate for certification shall:.1 satisfy the Party as to medical fitness, particularly regarding eyesight and hearing;.2 meet the requirements for certification as an officer in charge of a navigational watch on fishing vessels of 24 metres in length and over operating in unlimited waters, and have approved seagoing service of not less than 12 months as an officer in charge of a navigational watch or skipper on fishing vessels of not less than 12 metres in length. However, the Party may allow the substitution of a period not exceeding six months of approved seagoing service as an officer in charge of a navigational watch on seagoing ships covered by the 1978 STCW Convention; and.3 have passed an appropriate examination or examinations for assessment of competence to the satisfaction of the Party. Such examination or examinations shall include the material set out in the appendix to this regulation. A candidate for examination who holds a valid certificate of competency issued in accordance with the provisions of the 1978 STCW Convention need not be re-examined in those subjects listed in the appendix which were passed at a higher or equivalent level for issue of the Convention certificate.Appendix to regulation 1. Minimum knowledge required for certification of skippers on fishing vessels of 24 metres in length and over operating in unlimited waters1 The syllabus given below is compiled for examination of candidates for certification as skippers on fishing vessels of 24 metres in length and over operating in unlimited waters. Bearing in mind that the skipper has ultimate responsibility for the safety of the vessel and its crew at all times including during fishing operations, examination in these subjects shall be designed to test that the candidate has assimilated properly all available information that affects the safety of the vessel and its crew in accordance with the syllabus.2 Navigation and position determination2.1 Voyage planning and navigation for all conditions:.1 by acceptable methods of determining ocean tracks;.2 within restricted waters;.3 where applicable, in ice;.4 in restricted visibility;.5 where applicable, in traffic separation schemes; and.6 in areas affected by tides or currents.2.2 Position determination:.1 by celestial observations;.2 by terrestrial observations, including the ability to use bearings from landmarks and aids to navigation such as lighthouses, beacons and buoys in conjunction with appropriate charts, notices to mariners and other publications to assess the accuracy of the resulting position fix; and.3 by using, to the satisfaction of the Party, modern ship electronic navigational aids as provided in fishing vessels, with specific reference to knowledge of their operating principles, limitations, sources of error, detection of misrepresentation of information and methods of correction to obtain accurate position fixing.3 Watchkeeping3.1 Demonstrate thorough knowledge of the content, application and intent of the International Regulations for Preventing Collisions at Sea, 1972, especially annexes II and IV concerned with safe navigation.3.2 Demonstrate knowledge of Basic Principles to be Observed in Keeping a Navigational Watch as prescribed in chapter IV.4 Radar navigation4.1 Demonstrate, using a radar simulator or, when not available, manoeuvring board, knowledge of the fundamentals of radar and ability in the operation and use of radar, and in the interpretation and analysis of information obtained from the equipment,* including the following:.1 factors affecting performance and accuracy;.2 setting up and maintaining displays;.3 detection of misrepresentation of information, false echoes, sea return;.4 range and bearing;.5 identification of critical echoes;.6 course and speed of other ships;.7 time and distance of closest approach of crossing, meeting or overtaking ships;.8 detecting course and speed changes of other ships;.9 effect of changes in own vessel's course or speed or both; and.10 application of the International Regulations for Preventing Collisions at Sea, 1972.* Reference is made to resolution 2 of the 1995 STCW-F Conference.5 Magnetic and gyro-compasses5.1 Ability, using terrestrial and celestial means, to determine and apply the errors of the magnetic and gyro-compasses.6 Meteorology and oceanography6.1 Knowledge of meteorological instruments and their application.6.2 Ability to apply meteorological information available.6.3 Knowledge of characteristics of various weather systems, including, at the discretion of the Party, tropical revolving storms and avoidance of storm centres and the dangerous quadrants.6.4 Knowledge of weather conditions, such as fog, liable to endanger the vessel.6.5 Ability to use appropriate navigational publications on tides and currents.6.6 Ability to calculate times and heights of high and low water and estimate the direction and rate of tidal streams.7 Fishing vessel manoeuvring and handling7.1 Manoeuvring and handling of a fishing vessel in all conditions, including the following:.1 berthing, unberthing and anchor work under various conditions of wind and tide;.2 manoeuvring in shallow water;.3 management and handling of fishing vessels in heavy weather, including appropriate speed, particularly in following and quartering seas, assisting a ship or aircraft in distress, means of keeping an unmanageable vessel out of a sea trough and lessening drift;.4 manoeuvring the vessel during fishing operations, with special regard to factors which could adversely affect the vessel's safety during such operations;.5 precautions in manoeuvring for launching rescue boats or survival craft in bad weather;.6 methods of taking on board survivors from rescue boats or survival craft;.7 where applicable, practical measures to be taken when navigating in ice, icebergs or conditions of ice accretion on board the vessel;.8 the use of, and manoeuvring in, traffic separation schemes;.9 the importance of navigating at reduced speed to avoid damage caused by own vessel's bow or stern wave;.10 transferring fish at sea to factory ships or other vessels; and.11 refuelling at sea.8 Fishing vessel construction and stability8.1 General knowledge of the principal structural members of a vessel and the proper names of the various parts.8.2 Knowledge of the theories and factors affecting trim and stability and measures necessary to preserve safe trim and stability.8.3 Demonstrate ability to use stability data, stability and trim tables and pre-calculated operating conditions.8.4 Knowledge of effects of free surfaces and ice accretion, where applicable.8.5 Knowledge of effects of water on deck.8.6 Knowledge of the significance of weathertight and watertight integrity.9 Catch handling and stowage9.1 The stowage and securing of the catch on board vessels, including fishing gear.9.2 Loading and discharging operations, with special regard to heeling moments from gear and catch.10 Fishing vessel power plants10.1 Operating principles of marine power plants in fishing vessels.10.2 Vessel's auxiliary machinery.10.3 General knowledge of marine engineering terms.11 Fire prevention and fire-fighting appliances11.1 Organization of fire drills.11.2 Classes and chemistry of fire.11.3 Fire-fighting systems.11.4 Participation in an approved fire-fighting course.11.5 Knowledge of provisions concerning fire-fighting equipment.12 Emergency procedures12.1 Precautions when beaching a vessel.12.2 Action to be taken prior to, and after, grounding.12.3 Action to be taken when the gear becomes fast to the ground or other obstruction.12.4 Floating a grounded vessel, with and without assistance.12.5 Action to be taken following a collision.12.6 Temporary plugging of leaks.12.7 Measures for the protection and safety of crew in emergencies.12.8 Limiting damage and salving the vessel following a fire or explosion.12.9 Abandoning ship.12.10 Emergency steering, rigging and use of jury steering and the means of rigging a jury rudder, where practicable.12.11 Rescuing persons from a ship in distress or from a wreck.12.12 Man-overboard procedures.12.13 Towing and being towed.13 Medical care13.1 Knowledge of first-aid procedures.13.2 Knowledge of procedures for obtaining medical advice by radio.13.3 A thorough knowledge of the use of the following publications:.1 International Medical Guide for Ships or equivalent national publications; and.2 Medical section of the International Code of Signals.14 Maritime law14.1 A knowledge of international maritime law as embodied in the international agreements and conventions as they affect the specific obligations and responsibilities of the skipper, particularly those concerning safety and the protection of the marine environment. Particular regard shall be paid to the following subjects:.1 certificates and other documents required to be carried on board fishing vessels by international conventions, how they may be obtained and the period of their legal validity;.2 responsibilities under the relevant requirements of the 1993 Torremolinos Protocol;.3 responsibilities under the relevant requirements of chapter V of the International Convention for the Safety of Life at Sea, 1974;.4 responsibilities under Annex I and Annex V of the International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978 thereto;.5 maritime declarations of health and the requirements of the international health regulations;.6 responsibilities under the Convention on International Regulations for Preventing Collisions at Sea, 1972; and.7 responsibilities under other international instruments affecting the safety of the ship and crew.14.2 The extent of knowledge of national maritime legislation is left to the discretion of the Party, but shall include national arrangements for implementing applicable international agreements and conventions.15 English languageAdequate knowledge of the English language enabling the skipper to use charts and other nautical publications, to understand meteorological information and measures concerning the vessel's safety and operation, and to communicate with other ships or coast stations. Ability to understand and use the IMO Standard Marine Communication Phrases.16 Communications16.1 General knowledge of the principles and basic factors necessary for the safe and efficient use of all sub-systems and equipment required by the global maritime distress and safety system (GMDSS).16.2 Knowledge of navigational and meteorological warning systems and the selection of the appropriate communication services.16.3 Knowledge of the adverse effect of misuse of such communication equipment.16.4 Where the Party has examined candidates in these subjects at lower levels of certification, they may have the option of not re-examining in these subjects.16.5 Ability to transmit and receive signals by Morse light and to use the International Code of Signals.17 Life-saving17.1 A thorough knowledge of life-saving appliances and arrangements.17.2 A thorough knowledge of emergency procedures, musters and drills.18 Search and rescue18.1 A thorough knowledge of the Merchant Ship Search and Rescue Manual (MERSAR).19 The FAO/ILO/IMO Code of Safety for Fishermen and Fishing Vessels19.1 Knowledge of part A of the FAO/ILO/IMO Code of Safety for Fishermen and Fishing Vessels20 Methods for demonstration of proficiency20.1 Navigation20.1.1 Demonstrate the use of sextant, pelorus, azimuth mirror and ability to plot position, course and bearings.20.2 Demonstrate thorough knowledge of the content, application and intent of the Convention on the International Regulations for Preventing Collisions at Sea, 1972.20.2.1 By the use of small models displaying proper signals or lights or by the use of a navigation light simulator.20.3 Radar20.3.1 By observation of radar simulators or manoeuvring boards.20.4 Fire fighting20.4.1 By participation in an approved fire-fighting course.20.5 Communications20.5.1 By practical test.20.6 Life-saving20.6.1 By handling of life-saving appliances, including the donning of lifejackets and, as appropriate, immersion suits.Regulation 2. Mandatory minimum requirements for certification of officers in charge of a navigational watch on fishing vessels of 24 metres in length and over operating in unlimited waters1 Every officer in charge of a navigational watch on a fishing vessel of 24 metres in length and over operating in unlimited waters shall hold an appropriate certificate.2 Every candidate for certification shall:.1 be not less than 18 years of age;.2 satisfy the Party as to medical fitness, particularly regarding eyesight and hearing;.3 have approved seagoing service of not less than two years in the deck department on fishing vessels of not less than 12 metres in length. However, the Administration may allow the substitution of the seagoing service by a period of special training not exceeding one year, provided that the period of the special training programme shall be at least equivalent in value to the period of the required seagoing service it substitutes or by a period of approved seagoing service evidenced by an approved record book covered by the 1978 STCW Convention..4 have passed an appropriate examination or examinations for the assessment of competency to the satisfaction of the Party. Such examination or examinations shall include the material set out in the appendix to this regulation. A candidate for examination who holds a valid certificate of competency issued in accordance with the provisions of the 1978 STCW Convention need not be re-examined in those subjects listed in the appendix which were passed at a higher or equivalent level for issue of the Convention certificate;.5 meet the applicable requirements of regulation 6, as appropriate for performing designated radio duties in accordance with the Radio Regulations.Appendix to regulation 2. Minimum knowledge required for certification of officers in charge of a navigational watch on fishing vessels of 24 metres in length and over operating in unlimited waters1 The syllabus given below is compiled for examination of candidates for certification as officers in charge of a navigational watch on fishing vessels of 24 metres in length and over operating in unlimited waters.2 Celestial navigationAbility to use a celestial body to determine compass errors.3 Terrestrial and coastal navigation3.1 Ability to determine the vessel's position by the use of:.1 landmarks;.2 aids to navigation, including lighthouses, beacons and buoys; and.3 dead reckoning, taking into account winds, tides, currents, speed by propeller revolutions per minute and by log.3.2 Thorough knowledge of and ability to use navigational charts and publications such as sailing directions, tide tables, notices to mariners and radio navigational warnings.4 Radar navigation4.1 Demonstrate using a radar simulator or, when not available, manoeuvring board knowledge of the fundamentals of radar and ability in the operation and use of radar, and in the interpretation and analysis of information obtained from the equipment,* including the following:.1 factors affecting performance and accuracy;.2 setting up and maintaining displays;.3 detection of misrepresentation of information, false echoes, sea return;.4 range and bearing;.5 identification of critical echoes;.6 course and speed of other ships;.7 time and distance of closest approach of crossing, meeting or overtaking ships;.8 detecting course and speed changes of other ships;.9 effect of changes in own vessel's course or speed or both; and.10 application of the International Regulations for Preventing Collisions at Sea, 1972.* Reference is made to resolution 2 of the 1995 STCW-F Conference5 Watchkeeping5.1 Demonstrate thorough knowledge of the content, application and intent of the International Regulations for Preventing Collisions at Sea, 1972, especially Annexes II and IV concerned with safe navigation.5.2 Demonstrate knowledge of the content of the Basic Principles to be Observed in Keeping a Navigational Watch as prescribed in chapter IV.6 Electronic systems of position-fixing and navigationAbility to determine the ship's position by the use of electronic navigational aids to the satisfaction of the Party.7 Meteorology7.1 Knowledge of shipborne meteorological instruments and their application.7.2 Knowledge of the characteristics of the various weather systems.8 Magnetic and gyro-compassesCare and use of compasses and associated equipment.9 Communications9.1 General knowledge of the principles and basic factors necessary for the safe and efficient use of all sub-systems and equipment required by the Global Maritime Distress and Safety System (GMDSS).9.2 Knowledge of navigational and meteorological warning systems and the selection of the appropriate communication circuits.9.3 Knowledge of the adverse effect of misuse of such communication equipment.10 Fire prevention and fire-fighting appliances10.1 Knowledge of classes and chemistry of fire.10.2 Knowledge of fire-fighting systems and procedures.10.3 Participation in an approved fire-fighting course.11 Life-savingAbility to direct abandon ship drills and knowledge of the operations of life-saving appliances and their equipment, including the two-way radio-telephone apparatus. Survival at-sea techniques including participation in an approved survival at-sea course.12 Emergency procedures and safe working practices for fishing vessel personnelKnowledge of the items listed in the appropriate sections of the FAO/ILO/IMO Code of Safety for Fishermen and Fishing Vessels, part A, and in chapter VIII of the Annex to the 1993 Torremolinos Protocol.13 Fishing vessel manoeuvring and handling13.1 Basic knowledge of manoeuvring and handling a fishing vessel, including the following:.1 berthing, unberthing, anchoring and manoeuvring alongside other vessels at sea;.2 manoeuvring during fishing operations with special regard to factors which could adversely affect the vessel's safety during such operations;.3 effects of wind, tide and current on ship handling;.4 manoeuvring in shallow water;.5 management of fishing vessels in heavy weather;.6 rescuing persons and assisting a ship or aircraft in distress;.7 towing and being towed;.8 man-overboard procedure; and.9 where applicable, practical measures to be taken when navigating in ice or in conditions of ice accretion on board the vessel.14 Fishing vessel constructionGeneral knowledge of the principal structural members of a vessel.15 Vessel stabilityDemonstrate ability to use stability data, stability and trim tables and pre-calculated operating conditions.16 Catch handling and stowageKnowledge of safe handling and stowage of catch and the effect of these factors on the safety of the vessel.17 English languageAdequate knowledge of the English language enabling the officer to use charts and other nautical publications, to understand meteorological information and messages concerning ship's safety and operation. Ability to understand and use the IMO Standard Marine Communication Phrases.18 Medical aidKnowledge of first aid procedures. Practical application of medical guides and advice by radio.19 Search and rescueAdequate knowledge of search and rescue procedures based on the Merchant Ship Search and Rescue Manual (MERSAR).20 Prevention of pollution of the marine environmentKnowledge of the precautions to be observed to prevent pollution of the marine environment.21 Methods to demonstrate proficiencyThe Party shall prescribe methods for the demonstration of proficiency in relevant requirements of this appendix.Regulation 3. Mandatory minimum requirements for certification of skippers on fishing vessels of 24 metres in length and over operating in limited waters1 Every skipper on a fishing vessel of 24 metres in length and over operating in limited waters shall, unless they hold certificates issued in compliance with regulation 1, hold an appropriate certificate issued in compliance with at least the provisions of this regulation.2 Every candidate for certification shall:.1 satisfy the Party as to medical fitness, particularly regarding eyesight and hearing;.2 meet the requirements for certification as an officer in charge of a navigational watch on fishing vessels of 24 metres in length and over operating in limited or unlimited waters, and have approved seagoing service of not less than 12 months as an officer in charge of a navigational watch or skipper on fishing vessels of not less than 12 metres in length. However, a Party may allow the substitution of a period not exceeding six months of approved seagoing service as officer in charge of a navigational watch on merchant ships;.3 have passed an appropriate examination or examinations for the assessment of competency to the satisfaction of the Party. Such examination or examinations shall include the material set out in the appendix to this regulation.3 The Party, bearing in mind the effect on the safety of all ships and structures which may be operating in the same limited waters, should consider the limited waters it has defined in accordance with the definition given in regulation I/1 and determine any additional material that should be included in the examination or examinations.4 A candidate for examination who holds a valid certificate of competency issued in accordance with the provision of the 1978 STCW Convention need not be re-examined in those subjects listed in the appendix which were passed at a higher or equivalent level for issue of the Convention certificate.Appendix to regulation 3. Minimum knowledge required for certification of skippers on fishing vessels of 24 metres in length and over operating in limited waters1 The syllabus given below is compiled for examination of candidates for certification as skippers on fishing vessels of 24 metres in length and over operating in limited waters. Bearing in mind that the skipper has ultimate responsibility for the safety of the vessel and its crew at all times including during fishing operations, examination in these subjects shall be designed to test that the candidate has assimilated properly all available information that affects the safety of the vessel and its crew in accordance with the syllabus.2 Navigation and position determination2.1 Voyage planning and navigation for all conditions:.1 by acceptable methods of determining tracks;.2 within restricted waters;.3 where applicable, in ice;.4 in restricted visibility;.5 where applicable, in traffic separation schemes; and.6 in areas affected by tides or currents.2.2 Position determination:.1 by terrestrial observations, including the ability to use bearings from landmarks and aids to navigation such as lighthouses, beacons and buoys in conjunction with appropriate charts, notices to mariners and other publications, and assessment of the accuracy of the resulting position fix; and.2 by using, to the satisfaction of the Party, modern ship electronic navigational aids as provided in the fishing vessels concerned.3 Watchkeeping3.1 Demonstrate thorough knowledge of the content, application and intent of the International Regulations for Preventing Collisions at Sea, 1972, especially Annexes II and IV concerned with safe navigation.3.2 Demonstrate knowledge of Basic Principles to be Observed in Keeping a Navigational Watch as prescribed in chapter IV.4 Radar navigation4.1 The Party shall decide whether or not to incorporate the radar syllabus below in the general requirements for certification of skippers. If the Party decides not to include the syllabus in the general requirements, it shall ensure that the syllabus is taken into account for purposes of certification of skippers serving on vessels fitted with radar equipment and plying within limited waters.4.2 Demonstrate using a radar simulator or, when not available, manoeuvring board, knowledge of the fundamentals of radar and ability in the operation and use of radar, and in the interpretation and analysis of information obtained from the equipment,* including the following:.1 factors affecting performance and accuracy;.2 setting up and maintaining displays;.3 detection of misrepresentation of information, false echoes, sea return;.4 range and bearing;.5 identification of critical echoes;.6 course and speed of other ships;.7 time and distance of closest approach of crossing, meeting or overtaking ships;.8 detecting course and speed changes of other ships;.9 effect of changes in own vessel's course or speed or both; and.10 application of the International Regulations for Preventing Collisions at Sea, 1972.* Reference is made to resolution 2 of the 1995 STCW-F Conference.5 Compasses5.1 Ability to determine and apply compass errors.6 Meteorology and oceanography6.1 Knowledge of meteorological instruments and their application.6.2 Ability to apply meteorological information available.6.3 Knowledge of characteristics of various weather systems affecting the limited waters concerned, at the discretion of the Party.6.4 Knowledge of weather conditions affecting the limited waters concerned liable to endanger the vessel, at the discretion of the Party.6.5 Where applicable, ability to use appropriate navigational publications on tides and currents.7 Fishing vessel manoeuvring and handling7.1 Manoeuvring and handling of a fishing vessel in all conditions including the following:.1 berthing, unberthing and anchor work under various conditions of wind and tide;.2 manoeuvring in shallow water;.3 management and handling of fishing vessels in heavy weather, including appropriate speed, particularly in following and quartering seas, assisting a ship or aircraft in distress, means of keeping an unmanageable vessel out of a sea trough and lessening drift;.4 manoeuvring the vessel during fishing operations with special regard to factors which could adversely affect the vessel's safety during such operations;.5 precautions in manoeuvring for launching rescue boats or survival craft in bad weather;.6 methods of taking on board survivors from rescue boats or survival cra …