Revalidation of STCW '95 Certificates for Seagoing Service After January 1, 2017

January 3, 2013

PRC MEMORANDUM CIRCULAR NO. 001-13

 

I. Authority

Section 10 (c), Article IV, and Section 26, Article V of Republic Act No. 8544, otherwise known as the "PHILIPPINE MERCHANT MARINE OFFICERS ACT OF 1998", implemented by Section 35, Article VII of Resolution No. 55-A, series of 2012, of the Board for Marine Deck Officers.

II. Objective

To ensure that for the safety of life and property at sea and the protection of the marine environment, marine deck officers shall, and as basis for continuing service on board seagoing ships, comply with the standard of medical fitness prescribed by Regulation I/9, establish continued professional competence in accordance with Regulation I/11 of the STCW Convention and Section A-I/11 of the STCW Code, and meet the standard and requirements of the 2010 Manila Amendments to the STCW Convention.

III. Purpose

To provide guidelines in the revalidation of STCW '95 Certificates pursuant to Regulation I/11 of the STCW Convention and Section A-I/11 of the STCW Code to marine deck officers holding STCW '95 Certificates revalidated under any chapter of the Convention other than Chapter VI, who are currently serving at sea or intends to return to sea after a period ashore shall, in order to qualify for seagoing service after January 1, 2017, be required to:

1. Meet the standard of medical fitness prescribed by regulation I/9; and DHETIS

2. Establish continued professional competence in accordance with Section A-I/11 of the STCW Code.

IV. Coverage

This Memorandum Circular shall apply to the following categories:

A. Marine Deck Officers serving on board seagoing ships of 500GT or more and who have commenced approved education and training prior to 01 January 2012.

B. Marine Deck Officers serving on board certain types of seagoing ships under Regulation V/1, V/2 and V/3 of the 1978 STCW Convention, as amended.

C. Marine Deck Officers who were unable to serve on board seagoing ships for at least one (1) year accumulated approved seagoing service during the preceding five (5) years from date of filing of the application for revalidation.

V. Definition of Terms. — Unless otherwise herein provided, the following shall mean:

1. Commission — the Professional Regulation Commission (PRC) created under Republic Act 8981, otherwise known as the "PRC Modernization Act of 2000".

2. Board — the Professional Regulatory Board of Marine Deck Officers.

3. STCW Convention — the International Convention on Standard of Training, Certification and Watchkeeping for Seafarers, 1978 (STCW), as amended.

4. STCW Code — the Seafarer's Training, Certification and Watchkeeping (STCW) Code as adopted by the 1995 Conference Resolution 2.

5. Deck Officer — a duly registered and licensed Master Mariner, Chief Mate, Officer-in-Charge of a Navigational Watch, Major Patron and Minor Patron. ICAcHE

6. Master — a duly registered and licensed marine deck officer having command of a ship.

7. Master Mariner — a duly registered and licensed marine deck officer with the highest level of license attainable and whose qualification is required to serve as the person in charge or person in command of a merchant marine ship.

8. Chief Mate — a duly registered and licensed marine deck officer next-in-rank to the Master who exercises supervision of the deck personnel of the ship; the loading and unloading of cargo; the maintenance and upkeep of the ship; who performs such other function as a Master may assign to him from time to time; and upon the command of the ship shall devolve, in the absence of, or in the event of incapacity of the Master.

9. Officer-in-Charge of a Navigational Watch — a duly registered and licensed marine deck officer next-in-rank to the Chief Mate designated as in charge of a navigational watch who performs such other duties and functions as the Master may direct.

10. Major Patron — a duly registered and licensed marine deck officer who acts as Master of a ship engaged on near coastal voyages.

11. Management Level — the level of responsibility associated with serving as Master or Chief Mate on board a seagoing ship and ensuring that all functions within the designated area of responsibility are properly performed.

12. Operational Level — the level of responsibility associated with serving as officer-in-charge of a navigational watch, and maintaining direct control over the performance of all functions within the designated area of responsibility in accordance with proper procedures, under the direction and supervision of a marine deck officer serving in the management level for that area of responsibility.

13. Certificate of Registration — a document issued to a marine deck officer after passing the required licensure examination and upon compliance with all the requirements prescribed by the Board and the Commission. LLpr

14. Certificate of Competency — a Certificate issued and duly endorsed for masters, officers and GMDSS radio operators in accordance with the provisions of chapters II, III, IV or VII of the annex to the STCW Convention that entitles the lawful holder thereof to serve in such capacity and perform the functions involved at the level of responsibility specified therein.

15. Endorsement Certificate — a document issued by the Commission and the Administration and attest the issuance of a Certificate of Competency to a marine deck officer or the recognition of a Certificate issued by other flag states in compliance with the requirements and standard of the STCW Convention.

16. STCW Certificate — a Certificate issued in accordance with all the applicable requirements and standard of the STCW Convention and Code.

17. Approved — approval by the Party to the STCW Convention in compliance with all relevant requirements of the Regulations, the annex to the Convention, and mandatory provisions contained in Part A of the STCW Code.

18. Approved Education and Training — a structured education and training program duly approved by the Commission on Higher Education to enable a candidate to meet the standard of competence of the STCW Code for certification in both the operational and management levels.

19. Approved Seagoing Service — a service on board a ship relevant to the issuance or revalidation of a Certificate or other related qualifications.

20. Approved Training Course — a training course in compliance with the requirements and standard of the 1978 STCW Convention, as amended, and accredited by the Administration.

21. Management Level Course — the approved education and training required under paragraph 2, Regulation II/2 of the 1978 STCW Convention, as amended, for candidates for certification as a management level officer and meet the standard of competence specified in Section A-II/2 of the STCW Code. SIcEHC

22. Approved Training Record Book — an official record book of structured training activities on board a ship which forms part of an approved training program of a candidate for certification as officer-in-charge of a navigational watch under close supervision and monitoring of a qualified officer.

23. Seagoing Ship — a ship other than those which navigates exclusively in inland waters or in waters within, or closely adjacent to, sheltered waters or areas where port regulations apply.

24. Licensure Examination for Marine Deck Officers — the licensure examination given by the Board which is composed of the theoretical phase and the practical assessment phase.

25. Function — a group of tasks, duties and responsibilities, as specified in the STCW Code, necessary for the ship operation, safety of life at sea or protection of the marine environment.

26. Near-Coastal Voyage — a voyage in the vicinity of a Party as defined by that Party or an agreement between that Party and another State to consider or treat a voyage as coastwise voyage.

27. Administration — the Government of the Party in whose flag a ship is entitled to fly.

28. Supernumerary Capacity — a certificated marine deck officer with no specific responsibility other than to train and observe for a specific position pursuant to the STCW Convention.

29. Regulations — the Regulations contained in the Annex to the STCW Convention, as amended.

30. GMDSS Radio Operator — a marine deck officer who is qualified in accordance with the provisions of Chapter IV of the STCW Convention, as amended.

31. Oil Tanker — a ship constructed and used for the carriage of petroleum and petroleum products in bulk. aCHcIE

32. Chemical Tanker — a ship constructed and used for the carriage in bulk of any liquid product listed in Chapter 17 of the International Bulk Chemical Code.

33. Liquefied Gas Tanker — a ship constructed and use for the carriage in bulk of any liquefied gas or other product listed in Chapter 19 of the International Gas Carrier Code.

34. Passenger Ship — a ship as defined in the International Convention for the Safety of Life at Sea, 1974, as amended.

35. Roll On-Roll Off Passenger Ship — a passenger ship with roll on-roll off spaces or special category spaces as defined in the International Convention for the Safety of Life at Sea, 1974 (SOLAS), as amended.

36. Certificate of Proficiency — a Certificate, other than a Certificate of competency issued to a marine deck officer, stating that the relevant requirements of training competence or seagoing service of the STCW Convention, as amended, have been met.

37. Person with Immediate Responsibility — a marine deck officer having a decision making capacity with respect to loading, discharging, care in transit, handling of cargo, tank cleaning or other cargo related operations, pursuant to regulation V/1-1, paragraphs 3 and 5 and regulation V/1-2, paragraph 3.

VI. Policies

1. Marine Deck Officers shall, as basis for continuing seagoing service on board ships for which special training requirements have been internationally agreed upon, have successfully completed the approved relevant training. 

2. Marine Deck Officers shall, as basis for continuing seagoing service on board tankers, meet the requirements in paragraph 1 of Regulation I/11 and be required, at intervals not exceeding 5 years, establish continued professional competence for tankers in accordance with Section A-I/11, paragraph 3 of the STCW Code.

3. The Board and the Commission shall compare the standard of competence which are required of candidates for Certificate issued before 1 January 2017 with those specified for the appropriate Certificate in part A of the STCW Code, and shall determine the need for requiring marine deck officers to undergo appropriate refresher and updating training or assessment. IcTaAH

4. The Board and the Commission shall, for the purpose of updating the knowledge of marine deck officers, ensure that the texts of recent changes in national and international regulations concerning the safety of life at sea, security and the protection of the marine environment are made available to ships entitled to fly its flag.

5. Applicants must be medically fit, particularly with good eyesight and hearing. The Pre-employment Medical Examination (PEME) Certificate must be issued by a Department of Health (DOH) accredited medical clinic or hospital conducting physical and medical examination for seafarers in accordance with the minimum standard set in the STCW Code. The DOH accredited medical clinic or hospital must have quality Standards System (QSS) in place in accordance with Section A-I/8 of the STCW Code.

6. The training courses required under these guidelines must be taken from maritime training centers accredited by the Administration and/or recognized by the Board.

7. STCW Certificates shall be revalidated in accordance with the requirements and standard of the 2010 Manila Amendments to the STCW Convention.

8. Board Members/Qualified Assessors, pursuant to Regulation I/6 of the STCW Convention and Section A-I/6 of the STCW Code, shall:

(a) Have an appropriate level of knowledge and understanding of the competency to be assessed;

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

(c) Have received appropriate guidance in assessment methods and practice; and

(d) Have gained practical assessment experience in the particular type of simulator under the supervision of, and satisfaction of an experienced assessor, if conducting assessment involving the use of simulator. HaAIES

9. STCW Certificates issued, with all its relevant information, shall be entered in the database and website of the Commission pursuant to Regulation I/2 of the revised STCW Convention.

10. The Certificate of Competency may contain limitation/s on type of ship, gross tonnage, trading area, and such other limitation/s which a Board Member/Qualified Assessor may impose after an assessment.

11. A Master Mariner, Chief Mate or Major Patron who applies for the revalidation of STCW Certificates for seagoing service after January 1, 2017 shall be required to present proof that he has completed and been duly certificated in the revised Management Level Course in compliance with the June 2010 Manila amendments to the STCW Convention, and in the approved refresher/updating training courses, as may be required by the Board and the Commission.

12. The Certificate of Competency shall bear the unique registration and certificate numbers, the date of issuance, revalidation and expiration, and signed by the Chairman of the Board and Chairperson of the Commission. In the absence of the Chairman of the Board, the Certificate of Competency shall be signed in the following order: (1) The Vice-Chairman; and (2) the senior member of the Board.

13. The Certificate of Competency shall be in the English language, and shall be revalidated upon verification of the authenticity and validity of the required documentary evidence. It shall be issued in a separate and distinct document, the form of shall be that set forth in paragraph 1 of Section A-I/2 of the STCW Code together with the corresponding limitation/s if any, and shall expire within a period of five (5) years unless sooner withdrawn, suspended or revoked/cancelled by the Board.

14. General Operator's Course Certificate (GOC) shall include therein the additional knowledge required by the relevant Regulations in the examination for the issuance of a Certificate complying with the Radio Regulations. cEaTHD

15. The Endorsement Certificate shall bear the unique registration and certificate numbers, the date of issuance, revalidation and expiration.

16. The Endorsement Certificate shall be issued in a separate and distinct document, the form of which shall be that set forth in paragraph 2 of Section A-I/2 of the STCW Code together with the corresponding limitation/s, if any. It shall only be issued upon compliance with all the relevant requirements of the STCW Convention, and shall have the same category and limitation/s if any, indicated in the Certificate of Competency, and will expire withdrawn suspended or revoke/cancelled by the Board, and any case, not more than five (5) years from date of issue.

17. STCW Certificates shall, pursuant to Regulation I/2, paragraph 11, and subject to the provisions of Regulation I/10, paragraph 5, be kept available in its original form on board the ship on which the marine deck officer is serving. The capacity in which the marine deck officer is authorized to serve shall be identified in the form of Endorsement in terms identical to those used in the applicable safe manning requirements of the Administration.

18. The Endorsement Certificate bearing the registration/certificate number indicating therein the date of issuance and the date of expiration shall be signed by the Chairperson of the Commission. In the absence of the Chairperson, the Endorsement Certificate shall be signed in the following order: (1) the senior member of the Commission; and (2) the junior member of the Commission. It shall likewise be signed by the Administration.

19. Every Marine Deck Officer shall assigned a permanent unique registration/Certificate number which shall appear in his Certificate of Registration, Certificate of competency and Endorsement Certificate. Renumbered Certificates shall retain the original date of registration in his present grade/rank in accordance with the guidelines adopted by the Board.

20. Marine Deck Officers who apply for additional regulation/s shall present proof that he has completed and is duly certificated in the approved training courses required under the said regulation/s.

21. Marine Deck Officers holding STCW Certificates issued in accordance with the provisions of the convention which applied prior to 1 January 2012 and who have not met the requirements of the 2010 Manila Amendments,the validity of any revalidated Certificate shall not extend beyond 1 January 2017. CcaASE

22. Marine Deck Officers holding STCW Certificates issued in accordance with the provisions of the Conversion which applied prior to 1 January 2012 and who have met the requirements of the 2010 Manila Amendments,the validity of any revalidated Certificate shall not extend beyond 1 January 2017.

23. Marine Deck Officers who commenced an approved seagoing service, approved education and training program or an approved training course before 1 July 2013,the validity of any Certificate issued shall not extend beyond 1 January 2017, unless they comply with the requirements of the 2010 Manila Amendments.

24. Marine Deck Officers who commenced an approved seagoing service, approved education and training program or an approved training course after 1 July 2013,the validity of any Certificate issued shall extend beyond 1 January 2017.

25. Medical certificates issued under the 1995 STCW Amendments shall not be valid beyond 1 January 2017, unless they have met the standard and requirements of Regulation I/9 of the 2010 Manila Amendments to the STCW Convention.

26. These guidelines shall not apply to Marine Deck Officers with seagoing service on board:

a. Warships, naval auxiliaries, or other ships owned or operated by a State and engaged only in government non-commercial service;

b. Fishing vessels;

c. Pleasure yachts not engaged in commercial trade; or

d. Wooden ships or primitive build. ICHcTD

VII. Registry of Certificates

The Board and the Commission shall continue to maintain and enhance the system of the electronic database of all certificates and endorsements for Marine Deck and Marine Engineer Officers which are issued, have expired or have been revalidated, suspended, revoked/cancelled or reported lost or destroyed and to make available information on the status of such Certificates of Competency and Endorsement to the other Parties and companies which request verification of the authenticity and validity of certificates presented to them by Marine Deck and Marine Engineer Officers seeking recognition of their Certificates under Regulation I/10 of the STCW Convention.

VIII. Documentary Requirements

1. Photocopy of Certificate of Registration (Board Certificate)/STCW Certificate of Competency, Endorsement Certificate and valid PRC ID Card. The original must be presented for authentication.

2. Pre-employment Medical Examination (PEME) Certificate, from DOH accredited medical clinic/hospital, which must not be more than two (2) years, and applicant is deployed within ninety (90) days from the date of issuance, and not less than fifteen (15) days prior to expiry date, upon application for revalidation of STCW Certificates.

3. Twelve (12) months accumulated approved seagoing service during the preceding five (5) years from the date of application:

(a) Company Certification of Sea Service. The Certification shall include the type of vessel, the rank occupied, vessel's gross tonnage, vessel's trading area and inclusive dates of sea service.

(b) Seafarer's Identification and Record Book (SIRB) — a photocopy of each of pages one and two, and other pages reflecting the seagoing service. In case of lost/damaged SIRB, any acceptable substitute documentary proof of, seagoing service, as may be determined by the Board, and an affidavit of loss. DHESca 

4. Certificates for Training courses under Regulations V & VI and/or Certificates of Training for courses other than Regulations V & VI, as may be required.

5. Certificate of Completion in the revised Management Level Course for Major Patron and Officer-in-Charge of a Navigational Watch applicants under STCW Convention Regulation Nos. II/2 and II/3 engaged on near coastal voyages.

6. Two (2) passport size pictures in proper uniform and haircut.

IX. Qualification Requirements

 

X. Procedures

1. Application:

1.1 Applicants under Category "A" may file their application personally, or through their authorized representative, at the PRC Central office, or at any of the PRC regional offices.

1.2 Applicants under Category "B" shall file their application personally at the PRC Central office.

1.3 At the STCW Division, the applicant shall obtain from the Information Counter the Application for the issuance of STCW Certificates and fills up the same; or may download the Application form from the PRC website, prc.gov.ph.

1.4 The applicant shall submit his duly accomplished application form and other documentary requirements to the application counter.

2. Evaluation of Application and documentary requirements:

2.1 The application and documentary requirements shall be evaluated by the designated evaluator as to completeness of the submitted documentary requirements in accordance with the appropriate checklist of requirements, the authenticity of the documents through verification with the concerned maritime training center/s and/or using the ultraviolet light, and the status of applicant's certificate with the records and Control List of the Commission. If the submitted documentary requirements are incomplete, the application shall be returned to the applicant. The application shall be forwarded to the Lawyer designated to handle maritime cases should any of the submitted documentary requirements be found to be spurious or fraudulent, the applicant has a pending case or whose authority to practice the maritime profession has been suspended or revoked/cancelled. aAHTDS

2.2 The application shall be forwarded to the Board for assessment if the submitted documentary requirements are complete and in order.

3. Assessment of applicant's competence:

3.1 A Board Member/Qualified Assessor shall assess the qualification and competence of the applicant as having achieved the required standard of competence under Section A of the STCW Code through the submitted documentary requirements.

3.2 The Board Member/Qualified Assessor shall approve the application if the applicant is found duly qualified and has met the standard of competence to serve in the capacity specified in the application.

3.3 If the Board Member/Qualified Assessor disapproves the application, the applicant shall be informed of such disapproval and the documents submitted shall be returned to the applicant.

3.4 The applicant may file a letter of reconsideration of the denial/disapproval of his application with the Board within three (3) days from receipt of notice of the denial/disapproval. The Board within the same period of three (3) days shall render its final decision on the letter of reconsideration.

4. Revalidation of STCW '95 Certificates:

4.1 The STCW '95 Certificates shall be revalidated for seagoing service after January 1, 2017, if the Board finds the applicant to be qualified and competent under the 2010 Manila Amendments to the STCW Convention.

4.2 The STCW Certificate, with all its relevant information shall be entered in the database and website of the Commission.

4.3 Limitation/s, if any, shall be stated in the Certificate. DTEAHI

4.4 Marine Deck Officers who are on board are allowed to claim their STCW Certificates through their company's duly authorized representative recognized by the Commission.

XI. Transitional Provisions

1. Until 1 January 2017, the Commission may continue to issue, recognize and endorse Certificates in accordance with the provisions of the STCW Convention which applied immediately prior to 1 January 2012 in respect of marine deck officers who commenced approved seagoing service, an approved education and training program or an approved training course before 1 July 2013.

2. Until 1 January 2017, the Commission may continue to revalidate Certificates and Endorsements in accordance with the provisions of the STCW Convention which applied immediately prior to 1 January 2012.

XII. Repealing Clause

Any rule, circular or issuance, or parts thereof, which are inconsistent with any of the provision of this Memorandum Circular is hereby repealed or modified accordingly.

XIII. Separability Clause

If any provision of this Memorandum Circular is declared invalid or unconstitutional, the other provisions not affected thereby shall remain valid and subsisting.

XIV. Effectivity

This Memorandum Circular shall take effect fifteen (15) days after its complete publication in the Official Gazette or in a newspaper of nationwide circulation, whichever is earlier. IEAacT

Let a copy of this Memorandum Circular be furnished the U.P. Law Center.

BOARD OF MARINE DECK OFFICERS

 

(SGD.) CAPT. JAIME D. AQUINOChairman

APPROVED:

PROFESSIONAL REGULATION COMMISSION

 

(SGD.) TERESITA R. MANZALAChairperson

Published in the Official Gazette, Vol. 109, No. 6, page 684 on February 11, 2013.