S.I. No. 382/2000 - Merchant Shipping (Training and Certification) (Amendment) Regulations, 2000.

I, FRANK FAHEY, Minister for the Marine and Natural Resources, in exercise of the powers conferred on me by section 12 of the Merchant Shipping Act, 1947 (No. 46 of 1947), and sections 3 (2) and 8 of the Merchant Shipping (Certification of Seamen) Act, 1979 (No. 37 of 1979), as adapted by the Ministers and Secretaries (Amendment) Act, 1983 (No. 40 of 1983) and the Marine (Alteration of Name of Department and Title of Minister) Order, 1997 ( S.I. No. 301 of 1997 ) hereby make the following regulations:

Citation.

1. These Regulations may be cited as the Merchant Shipping (Training and Certification) (Amendment) Regulations, 2000.

Amendment of the Merchant Shipping (Training and Certification) Regulations 1998.

2. (1) The Merchant Shipping (Training and Certification) Regulations 1998 ( S.I. No. 553 of 1998 ) shall be amended as follows:

(2) In regulation 2(1), after the definition of “IGC Code”, there shall be inserted:

“‘international voyage’ means a voyage from a port in one country to a port in another country, either of the countries being a Party to the STCW Convention,”.

(3) In regulation 10(3), at the end there shall be added “or shall provide evidence of having achieved the required standard of competence within the previous five years; and in this paragraph “the required standard of competence” means the standard of competence whose attainment is ensured by the training referred to in paragraphs (4), (7) and (8).”

(4) After regulation 10 there shall be inserted:

“Mandatory minimum requirements for the training and qualifications of masters, officers, ratings and other personnel on passenger ships other than ro-ro passenger ships and high speed craft, where such ships are engaged on international voyages.

10 (A) (1) This regulation applies to masters, officers, ratings and other personnel serving on board passenger ships other than ro-ro passenger ships and high speed craft, where such ships are engaged on international voyages.

(2) Prior to being assigned shipboard duties on board passenger ships, seafarers shall have completed the training required by paragraphs (4) to (8) below in accordance with their capacity, duties and responsibilities.

(3) Seafarers who are required to be trained in accordance with paragraphs (4), (7) and (8) below shall, at intervals not exceeding five years, undertake appropriate refresher training or shall provide evidence of having achieved the required standard of competence within the previous five years; and in this paragraph “the required standard of competence” means the standard of competence whose attainment is ensured by the training referred to in paragraphs (4), (7) and (8).

(4) Personnel designated on muster lists to assist passengers in emergency situations on board passenger ships shall have completed training in crowd management as specified in Section A-V/3, paragraph 1, of the STCW Code.

(5) Masters, officers and other personnel assigned specific duties and responsibilities on board passenger ships shall have completed the familiarisation training specified in section A-V/3, paragraph 2, of the STCW Code.

(6) Personnel providing direct service to passengers in passenger spaces on board passenger ships shall have completed the safety training specified in section A-V/3, paragraph 3, of the STCW Code.

(7) Masters, chief mates, and every person assigned immediate responsibility for embarking and disembarking passengers shall have completed approved training in passenger safety as specified in section A-V/3, paragraph 4, of the STCW Code.

(8) Masters, chief mates, chief engineer officers, second engineer officers and any person having responsibility for the safety of passengers in emergency situations on board passenger ships shall have completed approved training in crisis management and human behaviour as specified in section A-V/3, paragraph 5, of the STCW Code.

(9) It shall be the duty of any person providing the training referred to in this regulation to issue documentary evidence to every person successfully completing such training.”.

EXPLANATORY NOTE.

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These Regulations further amend the Merchant Shipping (Training and Certification) Regulations 1998. They implement amendments to the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers 1978 (the STCW Convention), as amended in July 1995 (STCW 95). These amendments were adopted by the Maritime Safety Committee of the International Maritime Organisation at its 68th session in May/June 1997, by resolutions MSC.66(68) and MSC.67(68).

The amendments are:

(a) masters, officers, ratings and other personnel on ro-ro passenger ships no longer need to undertake 5 yearly refresher training if they can prove they have achieved the required standard of competency within the previous 5 years (regulation 2(3)); and

(b) training and qualification requirements are introduced for masters, officers, ratings and other personnel on passenger ships (other than ro-ro passenger ships and high speed craft) engaged on international voyages, so that they are now similar to those for such personnel on ro-ro passenger ships (regulation 2(2) and (4)).