Dated:February 1, 2002

Consequent to the issue of IMO Circular No. STCW.7/ Circ.12 concerning the issue of matters relating to expiry of certificate before 1st February 2002 and the reconfirmation date of 31st July 2002, it is required of this administration to issue necessary guidelines to ISM Cell, Port State Control Cell, co-ordinator of IOMOU and others involved on the procedures of connected issues relating to such dates. The circular clearly states that the administrations are to exercise the spirit of understanding to the outcome of the 33rd session of the STCW Sub-committee, which has been referred to the MSC for approval. It may be appreciated that many countries declined to support the proposal and may not comply with the circular. However, since the issue needs to be addressed immediately, the following guidelines are issued:-

(1) It has been decided at the Directorate that no candidate with a Certificate of Competency issued under STCW 78 shall be allowed to sign on after the 31st January 2002 on any Indian vessel which is not on the Indian coast. However, nautical candidates waiting for issuance of STCW 95 certificates may be allowed to sign on such vessels only with special permission from the Directorate. The Shipping Masters are advised to ignore the date of validity stamped on such certificates, which are so permitted by the Directorate.

(2) Existing STCW 78 certificate holders sailing on Indian vessels in International Trade need to be signed off such vessels and transferred to vessels on the Indian coasting trade to avoid possible detention of these vessels by discerning Port State Control officers in other Flag States who do not wish to comply with the above referred circular.

(3) For Indian vessels plying on the Indian coast, no such action, as referred to in paras (1) and (2) above, need be taken and seafarers with pre STCW 95 certificates may be allowed to sign on or remain on board as part of the manning.

(4) The contents of this circular shall not have any effect on Flag State Implementation on manning of Indian vessels in International Trades. It is mandatory for such vessels, to have seafarers with STCW 95 certificates.

(5) ISM Cell may take note of the above referred circular and these guidelines and may inform the auditors including those of the Classification Society accordingly while performing audits connected with ISM certification.

(6) Port State Control Officers on the Indian coast may be advised to act in letter and spirit of this circular with regard to vessels of other flag countries visiting Indian ports, even, if they include Indian seafarers with STCW 78 certificate. However, with respect to Indian vessels under FSI, they may take note of the guidelines above.

Thus, with reference to the STCW.7/Circ.12, it is reiterated that the final date for implementation of STCW 95 still remains 31st January 2002 and the circular itself is only a temporary pragmatic solution to the business of ship operations till 31st July 2002 to avoid detention of vessels by PSC and issuance of major NC during audits under ISM code.                                              


Sd/-
(Dr. P. Misra)
 Dy. Chief Surveyor with the Govt. of India
                                      

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