Implementation of STCW 95

Major changes to the Regulations governing Seafarer’s Training, Certification and Watchkeeping, adopted in 1978 and known as the STCW Code, are soon to be implemented. This imminent change may force some operators to rethink their employment policies. The original Code was amended in 1995 and is now known as STCW 95. New requirements have been phased in continually within a transitional period. However, the new Regulations, in their entirety, will come into force on 1^st February 2002.

It is generally conceded that most of the accidents that happen at sea are due to human error. The STCW 95 seeks to establish a common base for the training and education of seafarers throughout the world, and places the emphasis on competence rather than pure knowledge. The purpose of the Code is to establish a quality controlled structure that will ensure that not only are the required standards met but that they are seen to be met.

In order to formalise all the educational and training requirements for the issuing of certificates of competency, IMO has been given the role of verifying that the stipulated measures are effectively put into place. To this end, IMO has issued a so called "White List" of countries deemed to be giving "full and complete effect" to the requirements of STCW 95. The initial White List was approved by the Maritime Safety Committee (MSC) of IMO at the end of 2000¹. The list was extended in June 2001² and again in November 2001³. A total of 102 countries (and 1 IMO Associate Member) are now included on the White List and their names are given at the end of this article .

STCW 95 also requires training provisions to be independently evaluated every 5 years and the results of that evaluation reported to IMO. Thus continued presence on the White List will be under constant scrutiny and, where appropriate, the list will be updated by IMO’s Maritime Safety Committee. The shift in emphasis of training being on competence rather than knowledge and the publication of the White List will cause shipping companies and seafarers to change their outlook on manning and employment.

The White List will add complications to crewing in that seafarers serving on ships belonging to countries and flags on the White List but holding certification from countries that are not, may have difficulty in getting flag state’s acceptance of their certificates. The fact that the issuing party may not be on the White List does not invalidate the certificate and its endorsement by that party, however, in the long term such seafarers may well be barred from sailing on ships of the White List fleet. A flag state that is on the White List may, as a matter of policy, elect not to accept seafarers with certificates issued by non-White List countries for service on its ships. If it does accept such seafarers, they will be required by 1^st February 2002 also to have an endorsement, issued by the flag state, to show that their certificate is recognised by the flag state. Crewing policies should therefore be reviewed and potential problems identified and assessed at the earliest opportunity.

Seafarers who have original STCW 78 certificates will have to revalidate to STCW 95 standards of competence and medical fitness. Thus on 1^st February, 2002 every master and crew member must hold valid certificates complying with the regulations of STCW 95 and endorsed by the issuing flag state. The updated certificates, valid for service after 1^st February 2002, will be subject to revalidation every 5 years.

Members should be aware of these potential problems and ensure their crews, crew departments and/or crewing agencies are aware of STCW 95 certification requirements. Very soon it will be too late for ship’s staff to retrain or sit further examination before the deadline of 1^st February 2002. Seafarers who currently do not have STCW 95 certificates should be encouraged to approach the authority who issued their original certificates and apply for an update to STCW 95 Regulations as soon as possible.

White List Published by IMO in December 2001:

* Includes: Faeroe Islands
** Includes: Isle of Man Bermuda, Cayman Islands, Gibraltar
*** Associate Member

¹ 73^rd session of the MSC - 27 November to 6 December 2000
² At the 74^th session of the MSC - 30 May to 8 June 2001
³ At the 1^st extraordinary session of the MSC - 27 and 28 November 2001: An extraordinary session was held to allow further countries to be listed before the critical 1 February 2002 implementation date.