Revised Rules and Mandatory Minimum Requirements in the Assessment of Competence of Seafarers under the Relevant Provisions of Chapters II and IV of the STCW Convention, 1978, as Amended

September 20, 2018

MARINA STCW CIRCULAR NO. 2018-08

 

Pursuant to Presidential Decree (PD) No. 474, Republic Act No. 10635 and its Implementing Rules and Regulations (IRR), and the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, as amended (STCW Convention, 1978, as amended), the following rules and requirements are hereby adopted and promulgated:

ARTICLE I

Objective

SECTION 1. The objective of this Circular is to prescribe the rules and mandatory minimum requirements in the assessment of competence as Masters, Chief Mates and Officers In Charge of a Navigational Watch under Chapter II, and GMDSS Radio Operator under Chapter IV of the STCW Convention, 1978, as amended.

ARTICLE II

Coverage

SECTION 2. This Circular shall cover candidates applying for assessment of competence as Masters, Chief Mates and Officers In Charge of a Navigational Watch under Chapter II, and GMDSS Radio Operator under Chapter IV of the STCW Convention, 1978, as amended. caITAC

ARTICLE III

Definition of Terms

SECTION 3. For purposes of this Circular, the terms below shall be defined as follows:

a) Administration — means the Maritime Industry Authority (MARINA);

b) Approved — means approved by the Administration;

c) Assessment of Competence — refers to the process of collecting evidence through theoretical examination and practical assessment of the knowledge, understanding and proficiency, gained from the following: approved education and training; approved training ship experience; approved laboratory equipment training; or approved in-service experience, and making judgments on whether competency has been achieved to confirm that an individual can perform the standards in the relevant table of competency;

d) Assessment Center (AC) — refers to an institution duly accredited by the Administration to conduct practical assessment of competence required under this Circular;

e) Assessor — refers to a person duly qualified and accredited by the Administration to conduct assessment of competence of a candidate for certification under the STCW Convention, 1978, as amended;

f) Candidate — refers to a person who intends to apply for assessment of competence under this Circular;

g) Certificate of Passing the Practical Assessment — refers to the document issued by the Assessment Center to the candidate after passing the practical assessment;

h) Certificate of Passing the Theoretical Examination — refers to the document issued by the Administration to the candidate after passing the theoretical examination;

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

j) Laboratory Equipment — refers to the actual equipment or parts thereof used as an aid in the conduct of practical assessment of competence; ICHDca

k) Practical Assessment — refers to the method of assessment of competence with the aid of laboratory equipment or simulator to assess the ability of the candidate by performing the required task(s) prescribed by the Administration to demonstrate a particular level of competence;

l) Practical assessment scenario — refers to the tool used for the candidate to demonstrate competence under a function(s) during practical assessment;

m) Remedial Assessment — refers to the first re-sit wherein the candidate repeats assessment by taking a different set of theoretical examination on the function(s) or practical assessment scenario(s) where the candidate failed;

n) Removal Assessment — refers to the second re-sit wherein the candidate repeats assessment for the second time by taking another set of theoretical examination on the function(s) or practical assessment scenario(s) where the candidate failed;

o) Retake — refers to repeating the whole assessment by taking ALL functions covered by theoretical examination or ALL scenarios required for the practical assessment after completing the mandatory refresher training;

p) Standard of Competence — means the level of proficiency to be achieved for the proper performance of functions on board ship in accordance with the internationally agreed criteria as set forth herein and incorporating prescribed standards or levels of knowledge, understanding and demonstrated skill;

q) Table of Specification (TOS) — refers to the master plan for the development of theoretical examination where the content areas listed are drawn from the table of competences of the STCW Code taking into consideration the thinking skills based on the universally accepted taxonomy of learning; and

r) Theoretical Examination — refers to the method of assessment of competence through computer-aided test of the candidate's knowledge, understanding and proficiency as listed in Column 2 of the particular table of competence of the STCW Code. TCAScE

ARTICLE IV

General Provisions

SECTION 4. The conduct of assessment of competence under this Circular shall be in accordance with the following Sections of the STCW Convention, 1978, as amended:

a. Section A-II/1 — for assessment of competence of Officers in Charge of a Navigational Watch who intend to serve on seagoing ships of 500 gross tonnage or more:

i. The candidates shall be required to demonstrate the ability to undertake the task, duties and responsibilities at the operational level listed in Column 1 of Table A-II/1;

ii. The minimum knowledge, understanding and proficiency required for certification is listed in Column 2 of Table A-II/1;

iii. The level of knowledge, understanding and proficiency listed in Column 2 of Table A-II/1, if demonstrated, shall be sufficient for officers to carry out their watchkeeping duties;

iv. Every candidate for assessment shall be required to provide evidence of having achieved the required standard of competence in accordance with the methods for demonstrating competence and the criteria for evaluating competence tabulated in Columns 3 and 4 of Table A-II/1.

b. Section A-II/2 — for assessment of competence of Masters and Chief Mates who intend to serve on seagoing ships 500 gross tonnage or more:

i) The candidates shall be required to demonstrate the ability to undertake the task, duties and responsibilities at the management level as specified in Column 1 of Table A-II/2;

ii) Bearing in mind that the Master has ultimate responsibility for the safety and security of the ship, its passengers, crew and cargo, and for the protection of the marine environment against pollution by the ship, and that a Chief Mate shall be in a position to assume that responsibility at any time, a candidate as Chief Mate or Master shall therefore be required to take the same scope and level of assessment as provided under this Circular; cTDaEH

iii) The level of knowledge, understanding and proficiency listed in column 2 of Table A-II/2, if demonstrated, shall be sufficient to enable the candidate to serve in the capacity of Master or Chief Mate;

iv) Every candidate for assessment shall be required to provide evidence of having achieved the required standard of competence in accordance with the methods for demonstrating competence and criteria for evaluating competence tabulated in Columns 3 and 4 of Table A-II/2.

c. Section A-IV/2 — for assessment of competence of GMDSS Radio Operator who intends to serve on seagoing ships required to participate in the GMDSS:

i) Every candidate for assessment of competence shall be required to demonstrate the ability to undertake the tasks, and responsibilities listed in Column 1 of Table A-IV/2;

ii) The level of knowledge, understanding and proficiency listed in Column 2 of Table A-IV/2, if demonstrated, shall be sufficient for the candidate to carry out his duties;

iii) Every candidate for assessment shall be required to provide evidence of having achieved the required standard of competence through demonstration of competence to perform the tasks and duties and to assume responsibilities listed in Column 1 of table A-IV/2, in accordance with the methods for demonstrating competence and the criteria for evaluating competence tabulated in Columns 3 and 4 of that table.

SECTION 5. For purposes of this Circular, the Administration shall implement Theoretical Examination (computer-aided test) and Practical Assessment (with the aid of laboratory equipment or simulator) as the methods of assessment for each level of responsibility, function, and the corresponding competence to be assessed.

SECTION 6. The test items for the theoretical examination shall be designed and developed in accordance with the Table of Specification (TOS) prepared by the Administration to ensure alignment of the test items to the level of responsibility and corresponding competence and KUPs.

SECTION 7. The practical assessment shall be designed and developed in accordance with the criteria for evaluating competence as provided in Column 4 of the particular table of competence under the STCW Code and the Competency Mapping prepared by the Administration.

SECTION 8. The formulation of test items for theoretical examination and the development of practical assessment tools for practical assessment shall undergo review and verification, pilot testing and validation, and approval prior to its implementation in accordance with the relevant Quality Management System (QMS) processes and procedures. cSaATC

As part of the continual improvement process, the Administration shall conduct test item analysis to ensure the validity and reliability of test items on a regular basis. Likewise, practical assessment tools shall be reviewed, updated, revised or modified as may be necessary. The test items and practical assessment tools shall be replenished regularly at an interval set by the Administration under its QMS.

SECTION 9. The theoretical examination shall be conducted by the Administration at its designated testing centers.

SECTION 10. The practical assessment shall be conducted by MARINA accredited Assessment Centers (ACs) and by MARINA accredited Assessor/s.

SECTION 11. Maritime Training Institutions (MTIs) or Maritime Higher Education Institutions (MHEIs) that are at the same time accredited as ACs are prohibited to conduct practical assessment to their own trainees or students for purposes of qualifying for the issuance of any certificates mandated under the STCW Convention, 1978, as amended.

ARTICLE V

Specific Provisions

SECTION 12. Only candidate who meets the requirements for the issuance of Certificate of Competency (COC), except for "passing the MARINA prescribed assessment of competence," shall be qualified to undergo theoretical examination and practical assessment under this Circular.

SECTION 13. A candidate shall pass the theoretical examination prior to taking the practical assessment.

SECTION 14. For purposes of the theoretical examination, the following rules shall apply:

a) A candidate shall take all the functions in operational or management level, as applicable, in one sitting. If the candidate fails in any or all of the functions, the candidate shall have the chance to re-sit by taking a remedial and removal, if necessary, covering all the remaining function(s) failed.

b) A candidate shall be considered to have passed the theoretical examination upon passing ALL functions covered by the assessment (Operational Level or Management Level) taken.

c) A candidate must obtain a score of not less than 70% in each competence within the specific function to pass that specific function. Otherwise, the following shall apply: cHDAIS

i. A candidate who fails in a specific function shall be required to take a remedial assessment after six (6) months but not to exceed one (1) year from the date of the initial examination;

ii. A candidate who was not able to take the remedial assessment within the prescribed period shall be considered to have failed the remedial assessment, thus he may be allowed to take the removal assessment after twelve (12) months but not to exceed eighteen (18) months from his/her initial examination;

iii. A candidate who fails the remedial assessment shall only be allowed to take a removal assessment after six (6) months, but not to exceed one (1) year from the date of the remedial assessment;

iv. A candidate who fails the removal assessment or was not able to take the said examination within the prescribed period shall only be allowed to retake the whole theoretical examination upon showing proof of taking the approved mandatory refresher training;

v. A candidate who fails the retake shall only be allowed to take the examination again upon showing proof of approved refresher training taken before each retake.

SECTION 15. For purposes of practical assessment, the following rules shall apply:

a) A candidate shall take all scenarios in the operational or management level, as applicable, in one sitting. If the candidate fails in any or all of the scenarios, the candidate shall have the chance to re-sit by taking a remedial and removal, if necessary, covering all the remaining scenario/s failed.

b) A candidate shall be considered to have passed the practical assessment upon passing ALL scenarios covered by the level of assessment (Operational Level or Management Level) taken.

c) A candidate shall be considered to have passed a specific scenario of the practical assessment after demonstrating the ability to carry out the required task based on the criteria as prescribed by the Administration in the Competency Assessment Plan/Mapping. Otherwise, the following shall apply:

i A candidate who fails in a specific scenario shall be required to take a remedial assessment after six (6) months but not to exceed one (1) year from the date of the initial practical assessment; ISHCcT

ii. A candidate who was not able to take the remedial assessment within the prescribed period shall be considered to have failed the remedial assessment, thus he may be allowed to take the removal assessment after twelve (12) months but not to exceed eighteen (18) months from his/her initial practical assessment;

iii. A candidate who fails the remedial assessment, shall only be allowed to take a removal assessment after six (6) months, but not to exceed one (1) year from the date of the remedial assessment;

iv. A candidate who fails the removal assessment shall be required to retake the whole practical assessment after completion of the approved mandatory refresher training;

v. A candidate who fails a retake shall only be allowed to take the practical assessment again after the completion of the approved mandatory refresher training taken before each retake.

SECTION 16. The mandatory refresher training shall be approved by the Administration. Certificate of Completion for the mandatory refresher training shall be required prior to application of retake.

SECTION 17. The assessment of competence as provided under this Circular shall be completed within three (3) years to be reckoned from the date of the candidate's initial theoretical examination, otherwise the candidate shall retake the whole assessment covering the theoretical examination and practical assessment.

SECTION 18. A candidate who successfully passed the practical assessment of competence under this Circular shall be issued a COC.

ARTICLE VI

Procedures for the Conduct of Assessment

SECTION 19. The procedure for the conduct of assessment of competence shall be disseminated upon completion and commissioning of the MARINA Integrated Seafarer Management Online System (MISMO).

ARTICLE VII

Fees and Other Charges

SECTION 20. Applicants for assessment of competence as herein provided shall pay the corresponding fees and other charges as provided under the relevant or applicable MARINA rules and regulations.

ARTICLE VIII

Penalty Clause

SECTION 21. The use, submission or presentation of fake, fraudulent or tampered document(s) shall disqualify the applicant and/or person concerned from taking the assessment of competence for a period of three (3) months without prejudice to any criminal liability under the Revised Penal Code. CAacTH

ARTICLE IX

Transitory Provisions

SECTION 22. Effective 1 May 2019, the assessment of competence shall be under the new system in accordance with this Circular. All seafarers that are covered by STCW Circulars No. 2014-08, 2014-10, 2014-12, 2016-17 shall complete their assessment of competence until 30 April 2019.

ARTICLE X

Repealing Clause

SECTION 23. Provisions pertaining to assessment of competence under STCW Circulars No. 2014-08, 2014-10, 2014-12, 2016-17 and any existing MARINA and STCW Circulars, rules and regulations which are contrary or inconsistent with this Circular are likewise hereby superseded, repealed or amended accordingly.

ARTICLE XI

Separability Clause

SECTION 24. If any provision or part of this Circular is declared by any competent authority to be invalid or unconstitutional, the remaining provisions or parts hereof shall remain in full force and effect and shall continue to be valid and effective.

ARTICLE XII

Effectivity

SECTION 25. This STCW Circular shall take effect fifteen (15) days following its publication in a newspaper of general circulation and submission to the Office of the National Administrative Register (ONAR). IAETDc

Done in Manila, Philippines on September 20, 2018.

BY AUTHORITY OF THE BOARD:

(SGD.) REY LEONARDO B. GUERREROAdministrator

Secretary's Certificate

This is to certify that STCW Circular No. 2018-08 was approved by the MARINA Board of Directors during its Regular Meeting on September 20, 2018.

(SGD.) ATTY. MAXIMO I. BAÑARESActing Corporate Board Secretary

ATTACHMENTS

NOTE: The assessment of competence shall be completed within three (3) years to be reckoned from the date of the candidate's initial theoretical examination, otherwise the candidate shall retake the whole assessment.

 

NOTE: The assessment of competence shall be completed within three (3) years to be reckoned from the date of the candidate's initial theoretical examination, otherwise the candidate shall retake the whole assessment.