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Measures for Implementing the Transitional Provisions of the 2010 Manila Amendments to STCW Convention and STCW Code

Article 1

The Measures are formulated in accordance with provisions of Regulation I/15 of the 2010 Manila Amendments, Regulations on the Competency Examination and Certification for Seafarers of the People’s Republic of China (Decree 12 of Ministry of Transport of the People’s Republic of China [2011], referred to as ‘Decree 2011-12’) and the Measures for the Issue of CoP to Seafarers of the People’s Republic of China by Maritime Safety Administration of the People’s Republic of China (hereinafter referred to as ‘MSA 2012-170’).

Article 2

The Measures are applicable to the following candidates applying for a Seafarer’s Certificate of Competency (new CoC) issued in accordance with The Decree 2011-12 and a Seafarer’s Certificate of Proficiency (new CoP) issued in accordance with The MSA 2012-170:

.1    whohavebeen serving as seafarers before 1st March 2012;

.2    who have received maritime education and training before 1st July 2013, which did not meet the requirements of the 2010 Manila Amendments to STCW Convention and STCW Code.

Article 3

The issue, endorsement and renewal of CoC pursuant to The Decree 2011-12 will start from 1st July 2012. The renewal of CoC issued to masters and officers engaged on greater-coastal voyages willstart from 1st July 2013. CoC(old CoC) shall cease to be issued, endorsed or renewed in accordance with the Regulations on the Competency Examination, Assessment and Certification for Seafarers of the People’s Republic of China promulgated by the Ministry of Transport (referred to as ‘The Decree 2004-6’) from 1st July 2016. The CoC issued under The Decree 2004-6 shall not be valid until 31 December 2016.

The training, examination and certification for CoP in accordance with the MSA 2012-170will start from 1st July 2012. Every candidate, who has YES training yet did not hold an old CoP, shall apply for a new CoP in accordance with the provisions of The Measures. Those who held an old CoP, while within its validity, may continue to use it until 31 December 2016.

Article 4
From 1st January 2017, seafarers to serve on sea-going ships shall hold a new CoC and/or a new CoP.

Article 5
Until 1st February 2013, examinations for the issue of old CoCcan be conducted under The Decree 2004-6. Until 1st July 2013, makeup examinations under The Decree 2004-6 may continue to be conducted. Since the issue of The Measures, makeup examinations under The Decree 2004-6 will not be subject to the 60-day interval limitation. However, the number of makeup shall be no more than five times with the coming into effect of The Decree 2011-12.

Candidates, who have sit the competency examinations for seafarers conducted in accordance with The Decree 2004-6 before 1st July 2013 and passed all the subjects except English, may apply for transferring the exam results, if still valid, into those for the issue of coastal CoC. Candidates, who have failed English and other subjects, are not allowed to transfer the exam results, and all their exam results will become invalid if overdue.

Article 6
Competency examinations for seafarers in accordance with The Decree 2011-12 will be carried out from 1st July 2012.

Article 7
Students enrolled in vocational education or two-year maritime education before the entry into force of The Decree 2011-12, when YES the transitional competency training specified in Appendix 1 or the competency training prescribed by The Decree 2011-12, may, from 1st July 2012, apply for examinations for third mate or fourth engineer engaged on unlimited voyages.

Article 8
Maritime education and training institutions accredited to conduct competency training for seafarers shall, before 1st July 2013, meet the requirements laid down by the Notice on Preparing for Implementing the 2010 Manila Amendments (MSA 2011-923), or otherwise be disqualified from recruiting students for marine education thereafter.

Officers holding valid old CoC, after completion of the competency training required by The Decree 2011-12 offered by qualified maritime education and training institutions and passing the competency examination for seafarers conducted in accordance with The Decree 2011-12, will be deemed as having YES the transitional competency training specified in Appendix 1 of The Measures and passed the corresponding examinations.

Article 9
Masters and officers holding old CoC, when applying for new CoC in accordance with The Measures, shall complete the following trainings and examinations:

.1   Masters and officers holding valid old CoC may apply for new CoC after completion of the transitional competency training specified in Appendix 1 of The Measures and passing the corresponding examinations.

.2   Masters and officers holding invalid old CoC may apply for a new CoC after completion of the transitional competency training specified in Appendix 1 of The Measures and passing the corresponding examinations as well as additional examination(s) required by The Decree 2011-12.

.3    Masters and officers holding CoC before August 1 2004 may apply for new CoC after completion of competency training required by The Decree 2011-12 and passing the additional examination(s).

Every candidate for new CoC shall hold a new CoP.

Article 10
Masters and officers holding old valid CoC may apply for new CoC in terms of navigation areas and capacity as follows:

.1    Masters and officers holding old CoC engaged on unlimited or greater-coastal voyages in accordance with The Decree 2004-6 may apply for unlimited CoC in the same capacity.

.2    Masters and officers holding old CoC engaged on coastal voyages may apply for CoC valid for coastal voyages in the same capacity.

.3    Masters and officers holding old CoC engaged on near-coastal voyages may apply for a new CoC valid for coastal voyages on ships of less than 500 gross tonnage or powered by main propulsion machinery of less than 750 kW.

Article 11
When Masters and officers holding old CoC apply for new CoC in accordance with The Measures, if their seagoing service:

.1    satisfies the provisions of article XV (1) or XV (2) of The Decree 2011-12, MSAs may issue CoC valid for no more than five years.

.2    does not satisfy with the provisions of article XV (1) or XV (2) of Decree 2011-12, MSAs may issue CoC with the same period of validity as old ones, or CoC valid for no more than five years after they have YES simulator training and passed the examination.

Article 12
Seafarers who have passed the competency examinations conducted under The Decree 2004-6, after completion the transitional competency training specified in Appendix 1 of The Measures, passing the additional examinations and meeting the qualifications for the issue of new CoC, may apply new CoC in accordance with Article 9 of The Measures.

Article 13
Maritime education and training institutions which have commenced ECDIS, BRM and ERM training before 1 March 2012 shall submit their training programs, teaching plans, trainee rosters and related records to regional MSA for verification. Upon approval, the training of those institutions shall be recognized and the corresponding competency training of the trainees in the transitional period may be exempted.

Article 14
Third mate or fourth engineer holding old valid CoC, if meeting the qualifications for the issue of new CoC to second mate or third engineer, completing the competency training in the transitional period specified in Appendix 1 of The Measures and passing the corresponding examinations, may apply for new CoC for second mate or third engineer.

Article 15
Masters or deck officers holding old valid CoC engaged on near-coastal voyages, when applying for new CoC valid for coastal voyages on ships of less than 500 gross tonnage or powered by main propulsion machinery of less than 750 kW, may be exempted from providing the CoP in Radar Observation and Plotting and Radar Simulator as well as the CoP in Automatic Radar Plotting Aid.

Article 16
Ratings forming part of a navigational watch (RNW) holding old valid CoC on a seagoing ship of 500 gross tonnageormore, andratings forming part of an engineering watch (REW) holding old valid CoC on a seagoing ship poweredby main propulsion machineryof750kWormore, may apply for certification of ratings as able seafarer deck or able seafarer engine, provided they have seagoing service of not less than 18 months as ratings forming part of a navigational watch or an engineering watchwith good safety records, and have YES the competency training for their respective capacities prescribed in The Decree 2011-12 for able seafarer deck or able seafarer engine and passed the corresponding examinations.

Article 17
Every candidate for certification as an electro-technical officer serving in the corresponding navigation area, after completion of the competency training in the transitional period for electro-technical officers prescribed in Appendix 1 of The Measures and passing the examination(s), shall:

.1    hold a CoC issued to electrical engineer officers in accordance with Regulations on the Examination and Certification for Seafarers of the People’s Republic of China (hereinafter referred to as Regulation 87) promulgated in 1997 by the Ministry of Transport, or

.2     during the preceding ten years immediately prior to the entry into force of Decree 2011-12, have performed duties as an electrical engineer officer or electro-technical officer on board for 24 months as proved by documents provided by his/her company in case he/she has YES full-time vocational education or above.

Article 18

Holders of old CoP shall apply for the corresponding new CoP in accordance with the provisions of The Measures before 1 July 2016. A candidate may renew all of his/her old CoP through one application.

Article 19
Seafarers holding old valid CoP shall observe the following principles in terms of gap-bridging training, examination and applying for new certificates during the transitional period:

.1    Seafarers holding an old CoP of Familiarization andBasicSafety Training can apply for a new CoP of Basic Safety Training only after they have received the gap-bridging training during the transitional period as provided for in Appendix 2 of The Measures and passed the assessment.

.2    Seafarers holding an old CoP of Survival Craft and Rescue Boats, CoP of Fast Rescue Boats, CoP of Advanced Fire-Fighting, CoP of Medical First Aid, and CoP of Medical Care, can apply directly for replacement of corresponding new CoP.

.3    Seafarers holding an old CoP as a ship security officer can apply directly for replacement of new CoP of Security Awareness and CoP for Seafarers with Designated Security Duties, and after completion of the gap-bridging training as provided for in Appendix 2 of The Measures and passing the assessment, can apply for a new CoP as a ship security officer.

.4    Seafarers only holding an old CoP for Special Training of Seafarers on Oil Tankers (Safety Knowledge) or an old CoP for Special Training of Seafarers on Chemical Tankers (Safety Knowledge), can apply for certification in basic training for oil and chemical tanker cargo operations only after completing the gap-bridging training as provided in Appendix 2 of The Measures and passing the assessment.

.5    Seafarers holding both an old CoP for Special Training of Seafarers on Oil Tankers (Safety Knowledge) and an old CoP for Special Training of Seafarers on Chemical Tankers (Safety Knowledge) can apply directly for replacement of new CoP for basic training for oil and chemical tanker cargo operations.

.6    Seafarers only holding an old CoP for Special Training of Seafarers on Oil Tankers (Safe Operation) can apply for certification in advanced training for oil tanker cargo operations only after completing the gap-bridging training as provided in Appendix 2 of The Measures and passing the assessment.

.7    Seafarers holding both an old CoP for Special Training of Seafarers on Oil Tankers (Safe Operation) and an old CoP for Special Training of Seafarers on Chemical Tankers (Crude Oil Washing), can apply directly for replacement of a new CoP for advanced training for oil tanker cargo operations.

.8    Seafarers holding an old CoP for Special Training of Seafarers on Oil Tankers (Safe Operation) can apply directly for replacement of a new CoP for advanced training for chemical tanker cargo operations.

.9    Seafarers holding an old CoP for Special Training of Seafarers on Liquefied Gas Tankers (Safety Knowledge) can apply directly for replacement of a new CoP for basic training for liquefied gas tanker cargo operations.

.10    Seafarers holding an old CoP for Special Training of Seafarers on Liquefied Gas Tankers (Safe Operation) can apply directly for replacement of a new CoP for advanced training for liquefied gas tanker cargo operations.

.11    Seafarers only holding an old CoP for Special Training of Seafarers on Passenger Ships can apply for a new CoP for special training of seafarers on passenger ships only after completing the gap-bridging training as provided for in Appendix 2 of The Measures and passing the assessment.

.12    Seafarers holding an old CoP for Special Training of Seafarers on Passenger Ships and Ro-Ro Passenger Ships can apply directly for replacement a new CoP for Special Training of Seafarers on Passenger Ships.

.13    Seafarers holding an old CoP for Special Training of Large Ship Maneuvering and CoP for Special Training of Seafarers on High-Speed Craft can apply directly for corresponding new CoP as replacement.

Article 20
Having passed both examinations for the issue of CoP in Radar Observation and Plotting and Radar Simulator and CoP in Automatic Radar Plotting Aid is considered as equivalent to passing the assessment of radar operation and application required by The Decree 2011-12.

Article 21    
Seafarers who have been serving on board before 1st January 2012 may apply directly for replacement of CoP of Security Awareness and CoP for Seafarers with Designated Security Dutiesbefore 1st January 2014, provided that, during the preceding three years immediately prior to the date of application, they have had seagoing service of not less than six months, or seagoing service of not less than three months and once performed security duties under security plan.

Seafarers who do not satisfy the above qualifications shall complete security awareness training and security training of seafarers with designated security duties before application for CoP of Security Awareness and CoP for Seafarers with Designated Security Duties.

From 1st January 2014, all seafarers shall have a CoP of Security Awareness and a CoP for Seafarers with Designated Security Dutiesbefore serving on board.

Article 22
Transitional Competency training and gap-bridging training for masters and officers can be conducted simultaneously.

Article 23 (Omitted)

Article 24
Candidate holding old CoP shall submit an application for new CoP to MSAs and adhere to the following principles:

.1    candidates holding a CoC, in principle, submit the application to the MSA issuing the CoC.

.2    candidates may submit the application for new CoP to the issuing Administration when applying for the first CoC.

.3    candidates without CoC may submit the application through the training institution.

Article 25
Training during the transitional period conducted in accordance with The Measures shall not exceed eight hours per day.

Article 26
The Measures shall be effective from 1st March 2012 to 31st December 2016.
Appendix 1: Competency training requirements during the transitional period

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