IMO COMPREHENSIVE REVIEW OF THE STCW CONVENTION AND THE STCW CODE. Chapters I, II, III and VII. Report of the Working Group

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1 INTERNATIONAL MARITIME ORGANIZATION E IMO SUB-COMMITTEE ON STANDARDS OF TRAINING AND WATCHKEEPING 40th session Agenda item 7 STW 40/WP.2 5 February 2009 Original: ENGLISH DISCLAIMER As at its date of issue, this document, in whole or in part, is subject to consideration by the IMO organ to which it has been submitted. Accordingly, its contents are subject to approval and amendment of a substantive and drafting nature, which may be agreed after that date. COMPREHENSIVE REVIEW OF THE STCW CONVENTION AND THE STCW CODE Chapters I, II, III and VII Report of the Working Group 1 The Working Group on the comprehensive review of chapters I, II, III and VII met from 2 to 5 February 2009 under the chairmanship of Ms Mayte Medina (United States). 2 The Group was attended by representatives from the following Member Governments: ARGENTINA AUSTRALIA BAHAMAS BRAZIL BULGARIA CANADA CHINA CROATIA DENMARK FINLAND FRANCE GERMANY GREECE ICELAND INDIA IRAN (ISLAMIC REPUBLIC OF) IRELAND ITALY JAPAN KENYA LATVIA LIBERIA MALAYSIA MALTA MARSHALL ISLANDS NETHERLANDS NORWAY PANAMA PHILIPPINES POLAND PORTUGAL REPUBLIC OF KOREA RUSSIAN FEDERATION SINGAPORE SPAIN SWEDEN THAILAND TURKEY UKRAINE UNITED KINGDOM UNITED STATES For reasons of economy, this document is printed in a limited number. Delegates are kindly asked to bring their copies to meetings and not to request additional copies.

2 STW 40/WP the following Associate Members of IMO: HONG KONG, CHINA FAROE ISLANDS (DENMARK) by representatives from the following United Nations specialized agency: INTERNATIONAL LABOUR ORGANIZATION (ILO) by observers from the following intergovernmental organizations: EUROPEAN COMMISSION (EC) MARITIME ORGANIZATION FOR WEST AND CENTRAL AFRICA (MOWCA) and observers from the following non-governmental organizations in consultative status: INTERNATIONAL CHAMBER OF SHIPPING (ICS) INTERNATIONAL SHIPPING FEDERATION (ISF) INTERNATIONAL TRANSPORT WORKERS FEDERATION (ITF) BIMCO INTERNATIONAL ASSOCIATION OF DRILLING CONTRACTORS (IADC) INTERNATIONAL FEDERATION OF SHIPMASTERS ASSOCIATIONS (IFSMA) INTERNATIONAL ASSOCIATION OF INDEPENDENT TANKER OWNERS (INTERTANKO) SOCIETY OF INTERNATIONAL GAS TANKER AND TERMINAL OPERATORS LIMITED (SIGTTO) CRUISE LINES INTERNATIONAL ASSOCIATION (CLIA) THE INSTITUTE OF MARINE ENGINEERING, SCIENCE AND TECHNOLOGY (IMarEST) INTERNATIONAL MARITIME HEALTH ASSOCIATION (IMHA) Terms of reference 3 Taking into account the comments and decisions made in the plenary, in particular on issues of principles, the Working Group should consider relevant proposals in documents submitted under agenda items 7.1, 7.2, 7.3 and 7.7 and:.1 review the preliminary revised draft text of chapters I, II, and III of the STCW Convention and part A and part B of the STCW Code, as prepared by the ad hoc intersessional STW Working Group on the comprehensive review of the STCW Convention and Code and make further progress on the draft text of amendments with a view to endorsement by plenary and approval in principle by MSC 86 and finalization at STW 41; and.2 review the preliminary revised draft text of chapter VII of the STCW Convention, part A and part B of the STCW Code, as prepared by STW 39, and make further progress on the draft text of amendments with a view to endorsement by plenary and approval in principle by MSC 86 and finalization at STW 41, and submit its report to the plenary on Thursday, 5 February 2009.

3 - 3 - STW 40/WP.2 CHAPTER I GENERAL PROVISIONS 4 The Group did not review chapter I in view of the decision to consider the definitions later after other chapters and due to time constraints. CHAPTER II MASTER AND DECK DEPARTMENT 5 In considering chapter II, the Working Group used as a basis for discussion document STW 40/7/5, the preliminary draft text of chapter II of the Convention and Code as prepared by the intersessional meeting of the STW Working Group on the comprehensive review of the Convention and Code; and also considered proposals contained in documents STW 40/7/20 (United States), STW 40/7/48 (China), STW 40/7/46 (Austria et al.), STW 40/7/43 (Austria et al.), STW 40/7/44 (Austria et al.), and STW 40/7/58 (IALA). 6 The Group reviewed the preliminary draft text of chapter II as prepared by the intersessional Working Group (STW 40/7/5) and prepared amendments to the document as at annex 2, utilizing the various proposals as discussed and amended. Regulation II/4 Mandatory minimum requirements for certification of ratings forming part of a navigational watch 7 The Group was of the view that regulation II/4 paragraph 4 should be deleted as this referred to transition arrangements prior to the entry into force of the 1995 amendments to the STCW Convention. The Sub-Committee is invited to agree to this proposal. This also applies to regulation III/4. Table A-II/1 Navigation at the operational level Plan and conduct a passage and determine position 8 In considering the above competence the Group was of the opinion that the Note in column 2 referring to ECDIS could be deleted as it was now covered by new draft text under the competence of Use of ECDIS to maintain safety of navigation. However, after considerable discussion, the Group was of the view that it was also necessary to include the same Note in column 1 regarding Training and assessment in the use of ECDIS.. as in the new draft text on ECDIS in column 1, page 4. VTS training 9 In considering STW 40/7/58 (IALA), which contained amendments for training of deck officers to ensure best possible use of VTS, the Group further amended some of the proposals and agreed with others and amended tables A-II/1, A-II/2 and A-II/3 accordingly in several sections. 10 The delegation of Panama supported by others expressed the view that any VTS-related discussion should be left to the NAV Sub-Committee, in the context of their discussion on e-navigation.

4 STW 40/WP Visual signalling 11 The Group considered the proposal by Austria et al. (STW 40/7/46) which proposed amendments related to requirements for training in visual signalling, the Group agreed to leave it in square brackets, along with text already in square brackets in STW 40/7/5, pending the outcome of the consideration of the matter by the NAV Sub-Committee (NAV 55). Celestial navigation 12 The Group considered proposals by the United States (STW 40/7/20) and China (STW 40/7/48) which contained amendments to address the requirement of celestial navigation and agreed to retain the existing text in tables A-II/1 and A-II/2 and made amendments to section B-11/1 accordingly with a view to simplifying the requirement and the capability of utilizing modern technology. Marine environment awareness training 13 The Group considered proposals by Austria et al. (STW 40/7/44) in regard to amendments to provide marine environment awareness training and after much discussion inserted the proposal as amended into table A-II/1 under the existing competence ensure compliance with pollution-prevention requirements accordingly. Table A-II/2 Navigation at the management level Determine position and the accuracy of resultant position fix by any means 14 In considering column 3 Methods for demonstrating competence, several delegations were of the view that Decca and Loran could be deleted as these were now outdated systems; however while agreeing with the deletion of Decca other delegations supported retaining Loran as this was being potentially re-utilized. In view of this, the Group agreed to delete both Decca and Loran but use a more generic term instead. However, the Group was unable to agree on an exact text and, bearing in mind the continuing development of e-navigation, the Group recommended that the NAV Sub-Committee be requested to advise the correct terminology, taking into account the user needs and current work on e-navigation. The Sub-Committee is invited to endorse this recommendation and instruct the Secretariat accordingly. ARPA and radar training 15 In considering STW 40/7/43 (Austria et al.), which proposed amendments to remove inconsistencies associated with ARPA and radar training requirements, the Group discussed the proposals at length and made amendments to tables A-II/1 and A-II/2 accordingly. 16 In considering table A-II/1 and, in particular, the issue of ARPA and ECDIS training not being required for those who serve exclusively on ships fitted with such equipment and which limitation shall be reflected in endorsement to the seafarer concerned, the delegation of the Netherlands had concerns regarding the requirement for endorsement for the seafarer. However, in view of the considerable implications of this, the Group was of the view that this needed much further consideration and did not consider the matter further.

5 - 5 - STW 40/WP.2 CHAPTER III ENGINE DEPARTMENT 17 In considering chapter III, the Group considered the preliminary draft text of the chapter as contained in STW 40/7/6 prepared by the Intersessional Working Group and proposals contained in STW 40/7/12 and STW 40/7/13 (Islamic Republic of Iran), STW 40/7/14, STW 40/7/28 and STW 40/7/37 (India), STW 40/7/18, STW 40/7/53 and STW 40/7/54 (Japan), STW 40/7/45 (Austria et al.), STW 40/7/56 (Denmark), STW 40/7/17 (Germany). Methods for demonstrating competence 18 In considering STW 40/7/14 (India) which proposed amendments to table A-III/1 in respect of an additional method of demonstrating competence of various functions at the operational level, the Group was of the view that the existing text, in column 3, covered the proposal adequately. Accordingly the Group agreed not to proceed further with the proposal. Training requirements for engineers on steam-powered ships 19 In considering STW 40/7/28 and STW 40/7/37 (India) which proposed new training and certification requirements for engineers serving on steam-powered ships. 20 Some delegations were of the view that there was not enough emphasis on having seagoing service on steam powered ships before sailing on such ships. Other delegations were of the view that it was covered in the present text and that exceptions should not be made for steam-powered ships as opposed to other propulsion machinery. The group did not reach agreement on this issue. Due to time constraints, the group was unable to discuss the changes to existing tables of competency to strengthen the existing knowledge, understanding and proficiencies. Deletion/Reduction/amendment in the period of education and training for engineers Regulation III/1 21 The Group considered the preliminary draft text of chapter III (STW 40/7/6) as prepared by the intersessional working group and STW 40/7/13 (Islamic Republic of Iran). There was considerable discussion in regard to the watchkeeping in the engine room particularly in ships which have a periodically unmanned machinery space. Some delegations expressed the view that the requirement for watchkeeping becomes extremely difficult considering that most ships are being operated with periodically unmanned machinary space. Some delegations were of the view that a trainee should be able to obtain watchkeeping to prepare him/her to manage watchkeeping duties. The Group prepared amendments to regulation III/1 as at annex For inclusion in A-III/1 the delegation of the United Kingdom supported by several delegations proposed text to the effect that Engine room watchkeeping service means service when watchkeeping under continuously manned conditions or as duty personnel in a periodically unmanned machinery space. Due to time constraints the group was unable to agree on the placement of this proposal.

6 STW 40/WP Upgrading seagoing service requirements 23 The Group considered STW 40/7/13 (Islamic Republic of Iran) which proposed amendments to harmonize requirements in respect of seagoing service with other parts of the Convention. The Group discussed the proposal at length. 24 The delegation of the Islamic Republic of Iran, supported by several delegations, was of the view that there were apparent inconsistencies between regulations in regard to approved sea service, training, and experience in different capacities and was of the view that the proposal more closely harmonized chapters II and III. 25 The observer delegation of the ITF expressed a view that the word seagoing needed further elaboration especially in relation to main propulsion machinery. The Group considered that this issue could be addressed in the same way as watchkeeping. Regulation III/2 26 The delegation of Australia, supported by others proposed amendments to the certification requirements as chief engineer officer in Regulation III/2, in order to include that at least 9 months of the approved sea service should be served on ships of 3000 kw propulsion power or more. 27 Some delegations considered that the regulation needed more defining in relation to service on board ships of 3000 kw propulsion power or more, whereas other delegations were of the view that the proposals downgraded the requirements for Chief Engineer Officer. 28 Several delegations were of the view that it was already covered in the definition of relevant sea service. These delegations were of the view that the Convention should be more goal based rather than prescriptive and should be more in line with the requirements of chapter II for a master. Other delegations were of the view that it was inappropriate for all the sea service to be on lower powered ships and just as inappropriate to spend all the sea service on a ship of 3000 kw or more. These delegations were of the view that there should be quality training. In the interest of time and in view of the dimension the Group agreed to put in square brackets the draft text as proposed. 29 The Group could not agree with the proposal by Australia but did agree with the proposal by the Islamic Republic of Iran (STW 40/7/13) as modified and amended the draft accordingly. Regulation III/3 30 The Group agreed in principle with the proposal by the Islamic Republic of Iran (STW 40/7/13) to delete the last sentence of paragraph 3, although some delegations expressed concern over the lack of endorsement which could cause problems with Port State Control. The Group accordingly retained the words provided the certificate is so endorsed.

7 - 7 - STW 40/WP.2 Near-coastal voyage requirements Sections A-III/1, A-III/2 and A-III/3 31 The Group in considering STW 40/7/12 (Islamic Republic of Iran), agreed that there were inconsistencies in the provisions for near coastal voyages in the three regulations, particularly in regard to 3000 kw or more propulsion power or ships of limited power. 32 The Group agreed that a figure of kw propulsion power was necessary but could not agree on the figure. Some delegations were of the view that with technological advances the figure of 3000 kw was inappropriate for the present needs of modern engines and some delegations considered it should be much higher such as 6000 kw or even 8000 kw. Some delegations believed that the 3000 kw should remain. 33 The Group agreed that this needed much further discussion and agreed to place the existing figure of 3000 kw and the proposed figures in square brackets in new draft text for regulations A-III/1 and A-III/2 for further consideration. Marine environment awareness training 34 The Group considered proposals by Austria et al. (STW 40/7/44) in regard to amendments to provide marine environment awareness training and after much discussion inserted the proposal as amended into table A-III/1 under the existing competence ensure compliance with pollution-prevention requirements accordingly. CHAPTER VII ALTERNATIVE CERTIFICATION Certification of seafarers 35 In considering chapter VII, the Group considered the preliminary revised draft text as prepared by the Intersessional Working Group (STW 40/7/9) and agreed with most of the text. In relation to proposed draft paragraphs 3 and 4 the Group had considerable discussion in relation to alternative qualifications for combined ratings particularly the deck and engine and training requirements. 36 The Group developed further draft amendments to paragraphs 3 and 4 which did involve a reduction in sea service required when associated with an approved training programme. Nevertheless, several delegations were concerned at the potential reduction of sea service and that it may be in contradiction to the associated regulation. 37 Some delegations were concerned that there may be inadvertently a reduction in the sea service requirements when compared to the requirements in chapters II and III or in relation to watchkeeping in a periodically unmanned machinery space. 38 After discussion the Group accordingly agreed to put square brackets around the relevant sea service requirements in new draft 4.2. The delegation of Denmark, supported by others, expressed the opinion that the proposed square brackets in paragraphs 4.2, and should be deleted. It was emphasized that during STW 38/39 it was agreed, that the approved seagoing service for a rating forming part of a navigational and engine room watch shall be not less than 12 months.

8 STW 40/WP In regard to paragraph 1, some delegations were of the view that the word or between tables A-II/1 or A-III/1 was incorrect and should be changed to and. As this was in the original text of the Convention, the Sub-Committee is invited to consider this view. Action requested of the Sub-Committee 40 The Sub-Committee is invited to approve the report in general and in particular to:.1 endorse the revised draft text of chapters II, III (regulations only) and VII as contained at annexes 1, 2 and 3 respectively;.2 agree with the Group s view that regulation II/4 paragraph 4 refers to transitional arrangements prior to the entry into force of the 1995 amendments to the Convention and approve its deletion (paragraph 7);.3 invite the Committee to instruct the NAV Sub-Committee to advise on the appropriate text for training in visual signalling and also in regard to terminology to be used for navigation systems in the context of e-navigation (paragraphs 11 and 14); and.4 agree with the Group s view that the word or between tables A-II/1 or A-III/1 was incorrect in the original text of the Convention and should be changed to and.