The process of recognizing certificates of competence and qualification in tankers, issued to seafarers from third countries is regulated by the following:
- Seafarers who do not have certificates of competence issued by Member States and / or certificates of qualification issued by Member States to commanders and officers under rules V / 1-1 and V / 1-2 of the STCW Convention can be admitted to service on ships flying the flag of a Member State provided that a decision to recognize their certificates of competence and qualification has been approved by means of the procedures set out in paragraphs 2 to 6 of this Article.
- The Member State wishing to recognize, by authentication, certificates of competence and / or certificates of qualification referred to in paragraph 1, issued by a third country to commanders, officers or radio operators for compliance of service on vessels flying its flag, it must submit a reasoned request to the Commission for recognition of that country.
- The decision to recognize a third country is taken by the Commission. These implementing acts shall be adopted in accordance with the examination procedure referred to in Article 28 (2), within 18 months of the date of the request for recognition. The requesting Member State may decide to recognize that third country unilaterally, until a decision is taken under this paragraph.
An appropriate certificate issued by a third country can only be recognized and authenticated by a Member State for service on board vessels flying its flag if the following criteria are met: that is, the Commission, assisted by the European Maritime Safety Agency , and with the possible participation of any interested Member State (which includes, of course, the Member State that submitted the application for recognition) proceeds to collect the information referred to in Annex II and to assess the Third Country's training and certification systems object of recognition, in order to verify compliance with all the requirements contained in the STCW Convention as well as whether appropriate measures have been taken to prevent fraud with regard to the process of issuing certificates.
Criteria for the recognition of third countries that have issued or under whose authority certificates referred to in Article 19 (2) have been issued:
- The third country must be a Party to the STCW Convention.
- The IMO Maritime Safety Committee must have found that the third country has demonstrated that it fully and fully complies with the provisions of the STCW Convention.
- The Commission, assisted by the European Maritime Safety Agency and with the possible participation of all interested Member States, confirmed, through an assessment by this Party - which may include inspection of means and procedures - that the requirements of the Convention are fully satisfied. with regard to standards of competence, training and certification and quality standards.
- The Member State should be in the process of concluding a commitment with the third country that it will promptly notify any significant change in the existing training and certification schemes under the STCW Convention.
- he Member State must have introduced measures to ensure that seafarers who submit certificates for duties at management level for recognition have an adequate knowledge of the national maritime legislation relevant to the duties they are authorized to perform.
- If the Member State wishes to complement the performance assessment of the third country with the assessment of certain training institutes for seafarers, it must proceed in accordance with the provisions of section A-I / 6 of the STCW Code.