Circular N.º 13 Rev. 1

Similar documents
Maritime Transport Safety

DMA RO Circular no. 021

Vessel Traffic Service Act (623/2005)

TO: SHIPOWNERS, SHIPS OPERATORS, MANAGING COMPANIES, MASTERS, CLASSIFICATION SOCIETIES, RECOGNIZED ORGANIZATIONS and DEPUTY REGISTRARS

INFORMATION BULLETIN No. 153

INFORMATION BULLETIN No. 105

DMA RO Circular no. 020

MARINE NOTICE NO. 6/2015

Expert Group Meeting on Improving Maritime Transport Safety in the ESCAP Region, Bangkok,2 September 2016

PANAMA MARITIME AUTHORITY MERCHANT MARINE CIRCULAR MMC-365

European Maritime Safety Agency. Training on Maritime Security October Obligations for. Maritime Administrations

RESOLUTION MSC.255(84) (adopted on 16 May 2008) ADOPTION OF THE CODE OF THE INTERNATIONAL STANDARDS AND RECOMMENDED PRACTICES FOR A SAFETY

ISM COMPLIANCE MATRIX

REPORTING AND INVESTIGATION OF MARINE CASUALTIES WHERE THE UNITED STATES IS A SUBSTANTIALLY INTERESTED STATE (SIS)

Appendix FLAG STATE PERFORMANCE SELF-ASSESSMENT FORM. (Five Year Period: )

Technical Circular. To Whomsoever it may concern. Subject: Report of MSC 94. No.: 026/2014 Date: 25 th November 2014

Republic of the Marshall Islands

LITHUANIAN MARITIME SAFETY ADMINISTRATION. Abcdef Web page: EN ISO 9001:2000

INFORMATION BULLETIN No. 70

PANAMA MARITIME AUTHORITY MERCHANT MARINE CIRCULAR MMC-355

Ratifying International Conventions on the protection of the marine environment Keeping the coasts and the main vessel routes under constant

DEPARTMENT OF TRANSPORT. No. R June 2013 MERCHANT SHIPPING ACT, 1951 (ACT NO. 57 OF 1951)

Master on a ship less than 3000 gross tonnes

Certificate of Proficiency. for Ship Security Officer s Determinations

Master Yacht less than 500 gross tonnes

Appendix FLAG STATE PERFORMANCE SELF-ASSESSMENT FORM. (Five Year Period: )

Appendix FLAG STATE PERFORMANCE SELF-ASSESSMENT FORM. (Five Year Period: )

Watchkeeper Deck. This guideline is for new applicants for a Watchkeeper Deck certificate of competency

CERTIFICATE OF COMPETENCY

ECGFA NET II Project. Kick off meeting & First Working meeting

Marine Engineer Class 3 (MEC 3)

INFORMATION MANUAL. Mercantile Marine Department -Chennai Anchorgate Building, 2nd Floor, P.B.No.5004, Rajaji Salai, Chennai

PORT STATE CONTROL OFFICER JOB DESCRIPTION

COMDTPUB P NVIC August 25, 2014

PIRACY AND ARMED ROBBERY AGAINST SHIPS. Guidance for flag States on measures to prevent Somalia-based piracy

* We strongly encourage seafarers to apply now, to avoid a last minute rush that may occur at the end of 2016

REPUBLIC OF THE MARSHALL ISLANDS

DEPARTMENT OF TRANSPORT. No. R.. GG. (RG..).. MERCHANT SHIPPING ACT, 1951 (ACT No. 57 OF 1951)

INFORMATION BULLETIN No. 108

Marine Engineer Class 5 (MEC 5)

Master on ships less than 500 gross tonnes (Master <500GT)

Able Seafarer Deck (AB Deck)

Electro-technical Officer (ETO)

Advanced Deckhand Fishing (ADH-F)

TO: Related departments of CCS Headquarters; Branches and Offices; and Ship Companies

Service provided by the Federal Ministry of Justice and Consumer Protection in cooperation with juris GmbH

ELEMENTS OF REQUEST FOR MARITIME SECURITY TRAINING COURSE APPROVAL

Merchant Shipping (Certification, Safe Manning, Hours of Work and Watchkeeping) Regulations (2004 Revision)

SAFEMED III BULLETIN REGIONAL ACTIVITIES. ISSUE 4 / October TH MEETING OF THE EUROMED MARITIME WORKING GROUP SECURITY

16721 NMC Policy Ltr NOV, From: Commanding Officer, U. S. Coast Guard National Maritime Center To: Distribution

Marine Notice No. 47 of 2014 This Marine Notice supersedes Marine Notice No. 32 of 2013

Credentials, Licensing and the Modern Tall Ship Sailor. Jonathan Kabak & Sea Education Association Marine Department

New documents from version 22 to 22.1

INTERIM GUIDANCE FOR FLAG STATES ON MEASURES TO PREVENT AND MITIGATE SOMALIA-BASED PIRACY

The standard questionnaire prepared by the Paris MoU for use by PSCOs during the CIC can be found reproduced on page 3 of this document.

LISCR Notes and Advisories by Date

Europass Curriculum Vitae

Republic of the Philippines Department of Transportation and Communications MARITIME INDUSTRY AUTHORITY STCWOFFICE

16721 OCT 11, DISCUSSION.

EUROPEAN COAST GUARD FUNCTIONS ACADEMIES NET PROJECT Coast Guard Functions Sectoral Qualification Framework (CGFSQF)

USCG Office of Commercial Vessel Compliance (CG-CVC) Mission Management System (MMS) Work Instruction (WI)

Make your Career Choice. Become a Merchant Shipping Officer! Cyprus Maritime Academy

LISCR Notes and Advisories by Date

BMA INFORMATION BULLETIN No. 135

Enclosure (2) to NVIC 17-14

STCW Regulation 1/11 ~~ ~&:~g~~~~~~~= ~~~&:~:Gso~g~~~~05g STCW 2010 Manila

U.S. Department of Transportation

16711 Policy Letter No

Marine Engineer Class 4 (MEC 4)

Master Yacht less than 24 metres

No. R July 2013 MERCHANT SHIPPING ACT, 1951 (ACT NO. 57 OF 1951)

Checklist of requirements for licensing under Section 31 of the Trade Regulation Code (GewO)

Primary Agency. Support Agencies. I. Introduction. Situations and Assumptions. Pacific County Sheriff's Office (PCSO)

Global Maritime Distress and Safety System (GMDSS) radio operator

SAFETY OF NAVIGATION CONFERENCE

COMDTPUB P16721 NVIC JAN Subj: GUIDELINES FOR QUALIFICATION FOR STCW ENDORSEMENTS FOR ADVANCED FIREFIGHTING

COMISIÓN PERMANENTE DE INVESTIGACIÓN DE ACCIDENTES E INCIDENTES MARÍTIMOS. Sonia Barbeira Gordon Secretary of the Commission

GUIDANCE NOTE 03/2017 (Rev 1.0) APPLICATION FORMS FOR CAYMAN ISLANDS ENDORSEMENTS AND SEAMAN S DISCHARGE BOOKS

National Maritime Center

C C S Technical Information

ANNEX-1. Requirements for revalidation of Certificate of Competency DECK

REPUBLIC OF THE MARSHALL ISLANDS

Directions as to the Examination of Engineer Officers, Marine Engine Operators and Engine Room Watch Ratings under the Merchant Shipping Acts.

National Maritime Center

federal register Department of Transportation Part X Friday December 27, 1996 Coast Guard

SEP From: Commandant (G-MOC) To: Distribution. Subj: GUIDELINES FOR EQUIVALENT COMPLIANCE WITH (REVISED) MARPOL 73/78 ANNEX IV (SEWAGE)

APPLICATION FOR AN ORAL EXAMINATION LEADING TO THE ISSUE OF CERTIFICATE OF COMPETENCY (STCW)

NAVIGATION AND VESSEL INSPECTION CIRCULAR (NVIC) NO , CH-1

Endorsements for national certificates

COMDTPUB P16721 NVIC August 25, 2014

arine MNews Salvage & Spill Response: Unresolved Issues Hamper Progress Maritime Security Workboats: Stack Emissions: Pollution Response:

Technical Information

Tanker endorsements or certificates of proficiency

USCG Office of Commercial Vessel Compliance (CG-CVC) Mission Management System (MMS) Work Instruction (WI)

THE REPUBLIC OF LIBERIA LIBERIA MARITIME AUTHORITY

The Maritime Union Of Australia National Office

Marine Protection Rules Part 130B Oil Transfer Site Marine Oil Spill Contingency Plans

Serghios S. Serghiou Director Department of Merchant Shipping. Attachment: Cyprus Merchant Shipping Circular No.37/2011, Total 5 pages

Engine Room Watch Rating (EWR)

The Government of the United States of America and the Government of the Union of Soviet Socialist Republics,

Transcription:

Subject: To: Knowledge of Portuguese maritime legislation related to the Recognition of Certificates of Competency Companies, Seafarers and Recognized Organizations 1. OBJECTIVE The purpose of this circular is to inform on the procedure adopted by the Portuguese maritime administration, from now on the Administration, to implement the provisions requiring measures to ensure that seafarers applying for recognition of Certificates of Competency, at management level, have appropriate knowledge of the Portuguese maritime legislation. 2. INTRODUCTION 2.1 Overview and general maritime activities of the State The maritime administration of Portugal is divided between six entities. 2.1.1 The Directorate-general for Natural Resources, Safety and Maritime Services (DGRM) is a government entity of the Ministry of the Sea, a central office of direct administration of State, with administrative autonomy with the mission, under the maritime administration functions, to implement and execute policies concerning the maritime safety and the prevention of pollution by ships as well as to ensure regulation, inspection, national coordination and control of activities developed under these policies. The main attributions of DGRM, under the Maritime Administration, are as follows: 2.1.1.1 Flag State: i) Promote maritime safety; ii) Ensure the certification of ships; 1 This Circular is a controlled document while published in DGRM s official website ( Administração Marítima Area). In case of printing or downloading, it becomes an uncontrolled document ; It is Users responsability to check its up to date status, throught DGRM official website.

iii) Assessing and controlling the activity of the recognized organizations; iv) Ensuring the certification of national seafarers and the endorsement of seafarers certificates on board ships flying the national flag; v) Developing the necessary measures for the follow-up of training in the maritime area; vi) Prepares the draft legislation for introducing the instruments adopted by the IMO into internal law and for the corresponding regulation as well; vii) Ensure, under the attributions of DGRM, the representation of the Portuguese State in the IMO; viii) Perform the enforcement powers provided in the national law and related to the IMO instruments. 2.1.1.2 Coastal State i. Operate the Vessel Traffic Mainland Control Centre and all structures; Manage, develop and update the VTS System; i Activate and manage the National Plan on Places of Refugee for Ships in Need of Assistance (PNAND), and manage and operate the Integrated Decision System that supports this Plan (SIAD-PNAND); iv. Define, implement and operate the National System for SafeSeaNet. 2.1.1.3 Port State i. Coordinate and carry out inspections related with the control of foreign ships under the port State control; Approve and control the carry out of waste reception and management plans. 2.1.2 The National Maritime Authority (AMN) is a government entity of the Ministry of Defence and has the competency to coordinate the activities to be carried out by Navy, the Maritime Authority General Directorate and the Maritime Police under the scope of the System of Maritime Authority at national level. The main attributions of AMN are as follows: i. Promote the safety of navigation and protection of the marine environment and the enforcement of the maritime legislation; 2

Coordination of oil pollution response at sea and the coast line, under terms defined in contingency plan - Clean Sea Act; i Drawing up processes of administrative offences in matter of pollution of the marine environment; iv. Manage the coastal maritime aids to navigation network; v. Act as Lighthouse Authority; vi. Establishing the procedures and requirements of technical nature concerning aids to navigation; v Inspection of the technical compliance, the operation and the maintenance conditions of aids to navigation; vi Cooperate with the search and rescue system with a network of lifesaving boats deployed along the coast line; ix. Enforce the compliance with traffic separation schemes; x. Ensuring, under the attributions of AMN, the national representation in the international organizations. The National Maritime Authority (AMN) is a government entity of the Ministry of Defence, and as well as DGRM, carry out the functions dealing with maritime safety and security at the ports and beyond that, they are in charge of implementing the policies at the captaincies and law enforcement through the Maritime Police in its jurisdiction. The Maritime Search and Rescue Service is under the Portuguese Navy and is responsible for actions of maritime search and rescue related to accidents occurred with ships or crafts in inland waters under the maritime jurisdiction and in the maritime spaces of national Search and Rescue Regions SRR. 2.1.3 The Hydrographic Institute (IH) is a body of the Portuguese Navy and the main attributions of IH, are as follows: i. Hydrographic services; i iv. Production and updating of Nautical Mapping; Production and updating of Nautical Publications; Coordination and promulgation of Warnings to Mariners; 3

v. Coordination of broadcast of Warnings to Mariners. 2.1.4 The Maritime Accident Investigation and Aeronautical Meteorology Authority Office (GAMA) is a government entity of the Ministry of the Sea and the main attributions of GAMA are as follows: i. Develop technical investigation activities related to maritime accidents and incidents; Ensure the prompt and thorough collaboration of reports of the investigations and to promote its disclosure, including their conclusions and possible recommendations in a 12 month deadline upon the date of the accident; i iv. Disclose all causes of the maritime accident and incident; Cooperate in the technical investigations carried out by the investigations bodies of other Member States; v. Carry out collection and analysis of data related to the maritime safety; vi. Participate in activities developed at the international or European organizations level under the investigation and prevention of the maritime accidents; v Organize and disclose information related to the investigation and prevention of maritime accidents and incidents; vi Prepare, organize and disclose statistics of the maritime accidents and incidents. 2.2 General The Convention STCW 78, as amended, in regulation I/10, paragraph 2, as well as, the Directive 2008/106/EC, as amended, in Annex II, paragraph 5, requires that Administrations establish measures to ensure that seafarers who present, for recognition, certificates issued under the provisions of regulations II/2, III/2 or III/3, or issued under regulation VII/1 at management level, as defined in the STCW Code, have an appropriate knowledge of the maritime legislation of the Administration relevant to the functions they are permitted to perform. 4

The Portuguese maritime administration has adopted the procedure described bellow to give compliance to that requirement. The procedure features a two-tier aim establishing (1) measures to ensure that the seafarer has knowledge of the Portuguese maritime legislation at the time of the recognition of the certificates and (2) measures to ensure that the seafarer keeps this knowledge updated through the period of time that he performs the functions permitted by the recognized certificates of competence. 3. PROCEDURE 3.1 Administration The Administration will make available to seafarers, when applying for recognition of Certificates of Competency at management level, copies of the documentation with relevant maritime national legislation. The Administration will also take measures to make available the above mentioned documentation to companies operating ships flying the Portuguese flag. The documentation will be sent in an electronic format and/or by means of providing the web address in annex 1 of the relevant files for consultation and download legislation. The Administration will update the documentation whenever substantial changes on the Portuguese legislation occur. 3.2 Seafarers Seafarers applying for recognition of Certificates of Competency at management level are required to acquire knowledge of the contents of the Portuguese documentation file that will be made available to him on applying. Seafarers are also required to follow the company s procedures to keep, update and demonstrate compliance with the requirements established in this document. 5

3.3 Requirements for Companies Companies which operate vessels under the Portuguese flag are required: i. To include in the onboard ship s documentation copies of the Portuguese maritime legislation updated file, including circulars and other documents published by the Administration, relevant to the compliance of that legislation, in the locations where the seafarers at management level can have easy access when performing their functions; To include the above documentation under the control and updating procedures applicable to other documentation under the company s safety management system; i To establish a procedure to ensure that seafarers at management level acquire knowledge of Portuguese maritime legislation when joining a ship and whenever there is a relevant update to the legislation documentation file. Records relevant to the implementation of this procedure shall be made and kept as any other similar records of the ship s safety management system. 3.4 Demonstration of compliance In order that compliance with the requirement for ensuring knowledge of the national maritime legislation is demonstrated, the company should forward to the Administration a copy of the record produced following the implementation of the procedure mentioned in the paragraph iii) above. The record should identify the seafarer and state the following: i. The seafarer has knowledge of the matters and of the details more relevant for performing his functions on board included in the updated version of the Portuguese maritime legislation documentation made available by the Administration; The seafarer has knowledge of the matters and of the details more relevant for performing his functions on board included in circulars and other documents, as published by the Administration, which are relevant to the implementation of the Portuguese maritime legislation; 6

i The seafarer has prompt access to the Portuguese maritime legislation and other relevant documentation referred above, on their updated versions, when carrying out his functions on board. The record should be dated and signed by the seafarer and by the master, if the demonstration of compliance was carried out on board, or by a responsible person appointed by the company, such as the Designated Person or the Crew Manager, if it was carried out ashore. The record must be sent to the Administration in due time during the period of the validity of the document issued by the Administration as proof of the application (SRA). This is a condition for the recognition of the seafarer s certificates of competency. 3.4 Verification of compliance The Administration may verify the implementation on board of the procedure above during flag State inspections or, if there are evident grounds to believe that the procedure is not properly implemented, request the Recognized Organization (RO) to verify evidence of that implementation during an ISM audit carried out in the scope of that code relevant certification. 4. TRANSITIONAL PROVISIONS Concerning applications for the recognition of certificates of competency made before the date of entry in force of this circular, whose seafarers have not yet provided evidence of compliance with the requirement of knowledge of Portuguese maritime legislation, they are given the choice of providing that evidence either in accordance with the procedure described in this circular or following the procedure formerly in force (exam). In spite of the choice given above, the applicants are not entitled to the reimbursement of the cost of the book of the Portuguese legislation, which was in force with the former procedure. 7

Circular No.13 Rev.1 revokes circular no.13 of the 18.02.2014 Done in Lisbon, 28-06-2016 The Director of the Maritime Administration Services Directorate Inquiries concerning the subject of this Circular should be addressed to: Direção Geral de Recursos Naturais, Segurança e Serviços Marítimos Avenida Brasília 1449-030 LISBON, PORTUGAL Tel: (+351) 213 035 700 Fax: (+351) 213 035 702 Blue Line: (+351) 21 3035703 www.dgrm.mam.gov.pt E-mail: seafarers.certification@dgrm.mam.gov.pt 8