Law of Georgia on the Education and Certification of Seafarers

Transcription

1 Law of Georgia on the Education and Certification of Seafarers Article 1. The scope of regulation of the Law Chapter I General Provisions 1. This law defines unified standards and rules for education, training, certification and acquiring qualifications by a seafarer in Georgia, also standards of watchkeeping on board of ships flying the Georgian flag, the system of monitoring of maritime-educational institutions, system of recognition and monitoring of maritime-training centres, system of selection and monitoring of medical institutions. 2. The purposes of this law are to establish the seafarers education, training and certification system which is efficient and in compliance with modern requirements, also to support preparation of high qualified seafarers, to support their re-training (revalidation) and improvement of professional skills. 3. This law was elaborated with consideration of and based on the main principles of Georgian legislation on education and also on the basis of international treaties of Georgia on education, training and certification of seafarers, including 1978 International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (hereinafter the Convention). Article 2. Structure of a crew 1. For the purpose of the present law the crew is composed of a master, an officer and a rating. 2. Master means the person having command of a ship. 3. Officer means a member of the crew other than the Master and a rating, who has relevant competences which is proved with respective certificate in accordance with the provisions of the present Law, the Convention and Code. 4. The officers composition is following: a) Chief Mate; b) Chief engineer officer; c) Second engineer officer; d) Officer in charge of a navigational watch; e) Officer in charge of a navigational watch; f) Electro-technical officer; g) Radio operator; h) Deck officer 1 ; i) (Mechanical) Engineer. 5. Chief Mate is the deck officer next in rank to the Master and upon whom the command of the ship will fall in event of the incapacity of the master; 6. Chief engineer officer means the senior officer of engineering department responsible for the mechanical propulsion of the ship, operation and maintenance of the mechanical and electronic installations of the ship and whose qualification is in compliance with the requirements defined in Chapter III of the Convention. 1 Deck assistant to master word to word translation from Georgian. 1

2 7. Second engineer officer means the engineer officer next in rank to the chief engineer officer at the engineering department upon whom the responsibility of the chief engineer officer will fall in event of his incapacity and whose qualification is in compliance with the requirements defined in Chapter III of the Convention. 8. Officer in charge of a navigational watch is an assistant to Master who for the time being (during watchkeeping of a ship according to a schedule) is in charge of navigational watch of a ship. 9. Officer in charge of an engineering watch is an officer at engineering department who for the time being (during watchkeeping of a ship according to a schedule) is in charge of an engineering watch of a ship. 10. Electro-technical officer is an officer whose qualification is in accordance with the provisions of regulation III/6 of the Convention. 11. Radio-operator is a person who has been certified by the Agency according to the Radio Regulations. 12. Deck Officer is an officer whose qualifications are in compliance with the requirements defined in Chapter III of the Convention. 13. Mechanical Engineer is an officer, whose qualifications are in compliance with the requirements defined in III/1, III/2 or III/3 regulations of the Convention. 14. Rating means a member of a ship s crew other than the master and an officer, including able-seafarer deck, able-seafarer engine, electro-technical rating, engineering cadet, trainee-assistant, etc. 15. Able-seafarer deck is a rating qualified in accordance with the provisions of regulations II/5 of the Convention. 16. Able-seafarer engine is a rating qualified in accordance with the provisions of regulations III/5 of the Convention. 17. Electro-technical rating is a rating qualified in accordance with the provisions of regulations III/7 of the Convention. 18. Trainee mechanical engineer is a person under traineeship to become an officer at engineering department according to the rules defined by the Georgian legislation. 19. Trainee-assistant is a person under traineeship to become a deck officer according to the rules defined by the Georgian legislation. Article 3. Definitions 1. Unless expressed otherwise, within the context of the present Law the terms used hereinafter have the following meaning: a) Regulation means regulations contained in the Annex to the Convention; b) Near-coastal voyages means voyages during which the ship shall not proceed more than fifty miles from Georgia s coast; c) International voyages mean any voyages which are not near-costal voyage; d) Propulsion power means the total maximum continuous rated output power in kilowatts of all the ship's main propulsion machinery which appears on the ship's certificate of registry or other official document; 2

3 e) Radio duties include watchkeeping and technical maintenance and repairs conducted in accordance with the Radio Regulations, the 1974 SOLAS Convention and Georgian legislation; f) Oil tanker means a ship constructed and used for the carriage of petroleum and petroleum products in bulk; g) Chemical tanker means a ship constructed or respectively adapted and used for the carriage in bulk of any liquid chemical listed in chapter 17 of the International Bulk Chemical Code in its up to date version; h) Liquefied gas tanker means a ship constructed or respectively adapted and used for the carriage in bulk of any liquefied gas listed in chapter 19 of the International Gas Carrier Code in its up to date version; i) Passenger ship means a passenger ship according to the definition of the 1974 SOLAS Convention as amended; j) Ro-Ro passenger ship means a passenger ship with ro-ro cargo spaces or special category spaces as defined in the 1974 SOLAS Convention as amended; k) Function means a group of tasks, duties and responsibilities as specified in the STCW Code, necessary for ship operation, safety of life at sea or protection of the marine environment; l) Level with reference to STCW endorsements means the level of responsibility as defined in the STCW Code which includes: l.a) Management level for the capacity of master, chief engineer officer, chief mate and second engineer officer on board a seagoing ship, who in this function is ensuring that all functions within the designated area of responsibility are properly performed; l.b) Operational Level level of responsibility in connection with performance of respective duties by a watchkeeping assistant, watchkeeping mechanical engineer, engineer for periodically unmanned machinery spaces, electric-technician or radio-operator under the command of an officer; l.c) Support level level of responsibility in connection with performance of respective duties by ratings under the direction of the personnel of operational and management level; m) Approved means approved by the Agency in accordance with to the Convention; n) Company means the owner of a ship or any other organisation or person, such as a manager or a bareboat charterer without a crew who has assumed the responsibility for operation of the ship flying the Georgian flag and take over all duties according to the international standards; o) Certificate of competency means a certificate issued for master, officer and GMDSS radio operator and approved according to the present Law entitling the lawful holder to serve in the capacity and perform the functions involved at the level of responsibility specified therein; p) Certificate of proficiency means a certificate other than certificate of competency issued to a seafarer stating that the relevant requirements of training, competencies or seagoing service in the present Law have been met; q) Documentary evidence means documentation other than a certificate of competency or certificate of proficiency, used to establish that the relevant requirements of the present Law have been met; r) Endorsement means a valid document issued by the Agency in accordance with Regulation I/2 of the Convention and article 9 of this law; s) Recognition means the acceptance by the Agency of a certificate issued by any State which is party to the Convention; 3

4 t) Approved seagoing service means service on board of a ship relevant to the issue or revalidation of a certificate or other qualification; u) Month calendar month or 30 (thirty) days for periods of less than a month; v) Party or party State means a State which is a party to the Convention and which has brought the Convention into force; w) Convention means the International Convention on Standards of Training, Certification and Watch keeping for Seafarers (STCW) 1978 as amended, in its up-to-date version; x) STCW Code means the Seafarers Training, Certification and Watchkeeping (STCW) Code as adopted by Resolution 2 of the 1995 STCW Conference of Parties, in its up-to-date version y) SOLAS Convention means the International Convention for Safety of Life at Sea, 1974, and including its Protocols of 1978 and 1988, as amended, in its up-to-date version; z) ISM Code International Code on the Safe Exploitation of Ships and Preventing of Pollution approved by the International Maritime Organisation s resolution A741 (18); z 1 ) Radio Regulations mean the Radio Regulations annexed to or regarded as being annexed to the most recent International Telecommunication Convention which may be in force at any time; z 2 ) ISPS Code means the International Ship and Port Facility Security (ISPS) Code adopted on 12 December 2002, by resolution 2 of the Conference of Contracting Governments to the 1974 SOLAS Convention, z 3 ) Ship security officer means the person on board of the ship, accountable to the master, designated by the company as responsible for the security of the ship including implementation and maintenance of the ship security plan and liaison with the company security officer and port facility security officers. z 4 ) Security duties include all security tasks and duties on board ships as defined by chapter XI-2 of the 1974 SOLAS Convention, as amended, and the ISPS Code; z 5 ) Training record book of a seafarer means the record book approved by the Agency which is a proof for all training steps undertaken by a seafarer; z 6 ) Seaman s Record Book is a part of a seafarer s book the form and content of which is elaborated and approved by the Agency and which is the main proof for a seafarer s seagoing practice; z 7 ) GMDSS radio operator means a person who is qualified in accordance with the provisions of Chapter IV of the Convention; z 8 ) Competent Authority means the Georgian Ministry of Economy and Sustainable Development which fulfils the functions under article 5 of this law; z 9 ) Agency means the Legal Entity of Public Law the Maritime Transport Agency created within the system of the Ministry of Economy and Sustainable according to the Georgian law on Management and Regulation of Transport; z 10 ) Academic personnel of relevant qualification a person, who complies with the requirements set it the Georgian law on High Education and has at least 36 month of seagoing service on a ship of 3000 gross tonnages and more or on a ship of 3000 kilowatts propulsion power, including 12 month on command level, 6 month out of which should be served during last 10 years, or he/she undertook some refreshment courses accredited by the Agency during the last ten years; 4

5 z 11 ) Supervisor and evaluator a person who has at least 36 month of approved seagoing service on a ship of 3000 gross tonnages and more or on a ship of 3000 kilowatts propulsion power, including 12 month on command level, at least 6 month out of which should be served during last 10 years, or he/she undertook some refreshment courses accredited by the Agency during the last ten years; z 12 ) Appropriated qualified instructors a person who has relevant competence on management level and who holds at least Master s degree diploma according to the Georgian legislation, and who is responsible for supervision of in-service training of a seafarer intended to be used in qualifying for certification under the Convention. He/she shall have at least 36 month of approved seagoing service on a ship of 3000 gross tonnage and more or on a ship of 3000 kilowatts propulsion power, including 6 month on command level, at least 6 month out of which should be served during last 10 years, or he/she undertook some refreshment courses accredited by the Agency during the last ten years; z 13 ) Education diploma a proof of education issued according to the Georgian laws on High Education and Vocational Education ; z 14 ) Gross tonnage gross tonnage as it is defined in The Load Line Convention 1966; 2. For the Purposes of this law the latest editions of the Convention and the STCW code shall be used. Article 4. Application and administration of the Law 1. The present Law applies to masters, officers and ratings of Georgian nationality as well as nationals of countries who apply for or are issued a Georgian certificate of competency and for seafarers serving on board of a ship flying the Georgian flag, with the exception of: a) War ships; b) Non-commercial ships which are under the ownership of the Georgian Government; c) Fishing vessels; d) Wooden or other ships of primitive build; e) Pleasure yachts for non-commercial use. 2. The qualification requirements for acquiring competency/proficiency certificates and rules of issuing competency/proficiency certificates for those seafarers who doesn t fall under the scope of the present law, except seafarers of the ships indicated in paragraph (1), shall be defined by the Agency. Article 5. General responsibilities and competencies of the Agency and the Competent Authority 1. The Agency, under this law, shall be fulfilling the following functions: a) The Issuing, recognition and/or endorsement of competency/proficiency or other certificates defined by this law; b) Monitoring of the Seafarers Education and Training system; c) Accreditation of a Maritime training Institution and its systematic monitoring; d) Recognition of compliance of training programmes with the training and certification requirements according to the Convention and other international treaties of Georgia; e) Together with the Legal Entity of Public Law under the Ministry of Education and Science National Centre for Education Quality Improvement (Hereinafter National Centre for Education Quality Improvement) participate in the process of authorisation and accreditation of educational programmes of a Maritime educational institution; f) Monitoring of the authorised educational institutions according to paragraph (1)(e) according to procedures defined by this law; g) Verification of competency/proficiency and other certificates defined by this law and fraud inspection; h) Approve form and issuing rules for competency/proficiency and other certificates defined by this law, also to approve rules for the registry of issued certificates; 5

6 i) Define rules for organizing exams for obtaining competency/proficiency and other certificates defined by this law, organise and hold respective exams; j) Select medical centres and monitoring compliance with selection criteria; k) Draft and adopt sub-laws needed for the full implementation of the present law; l) Report to the International Maritime Organisation (hereinafter IMO) and other International Organisations and other countries on status of training and certification of seafarers in Georgia; m) Prepare a protocol of administrative offence in cases defined by the present law; n) Fulfil functions of the Agency defined in the present law and in other legislative acts of Georgia. 2. The Competent Authority shall carry out state control over the Agency pursuant to the rules defined in the Georgian Legislation. Chapter II General rules on certification and endorsement of certificates Article 6. Certification for seafarers 1. Certificates of competency shall be issued only by the Agency, following verification of the authenticity and validity of any necessary documentary evidence and approval of its validity period. 2. A person shall only be entitled to be issued with a certificate of competency if he complies with the criteria in the Regulations V/1-1 and V/ Every seafarer who performs any function or group of functions specified in A-II/1, A-II/2, A-II/3, A-II/4, A- III/1, A-III/2, A-III/3, A-III/4 or A-IV/2 of the STCW Code shall hold a certificate of competency or certificate of proficiency, as applicable. 4. Every certificate and endorsement issued by the Agency shall be issued in Georgian and English. Article 7. Examination of seafarers 1. Every seafarer shall apply to the Agency for issuance or renewal of a certificate of competency or a certificate of proficiency. The content, duration of the examination and grading shall be determined by the Agency and published on their official webpage. 2. If a seafarer fails to pass the qualification examinations performed by the Agency, he has a right to be admitted for re-examination, which is not free of charge. In total, a seafarer may be admitted to the qualification examinations six times during a 12 month period. If all six attempts fail, his right to stand for exams shall be suspended for the period of one year from the moment of the last exam. 3. Any seafarer has the right to apply for a certificate of a similar rank, if his attempt to obtain a certificate for higher rank fails. In this case the attempts already made shall be counted as part of the total number mentioned in the previous paragraph. 4. Both Georgian and non-georgian nationals are entitled to be issued the certificates of competency and certificate of proficiency by the Agency on the basis of diplomas issued by the maritime training institutions outside Georgia, only if the institutes in these countries and certificates and qualifications issued by them are recognized by Georgia. 5. The National Centre for Education Quality Improvement recognises qualifications granted by Maritime training institution of other countries according to the rules set in the Georgian legislation. 6

7 6. Recognition of the qualifications obtained in maritime training institutions of other countries by the National Centre for Education Quality Improvement is a ground for the Agency to issue a certificate of competency. Article 8. Issue and registration of certificates 1. Where the Agency gets documents approving that persons of management and operational level meet the requirements for service, age and medical fitness as established by the present Law, it shall issue an appropriate certificate. 2. No certificate shall be issued by the Agency unless the candidate for certification provides satisfactory proof: a) Of his identity; b) that he meets the standards of medical fitness, particularly regarding eyesight and hearing, established by the Convention and holds a valid document attesting to his medical fitness, issued by a recognized medical centre; c) Of having completed the seagoing service and any related compulsory training prescribed by Parts 3 and 4 of the present Law as relevant for the certificate applied for; d) That he meets the standards of competency prescribed by Part 3 of the present Law for the capacities, functions and levels that are to be identified in the endorsement to the certificate; e) Other documents defined by the Georgian legislation and the Convention. 3. The Agency shall: a) maintain a register of all certificates of competency and endorsements for masters and officers and, as appropriate, ratings, which are issued, have expired or have been revalidated, suspended, cancelled or reported lost or destroyed and of dispensations issued; b) Make available information on the status of such certificates for all interested persons according to the rules defined in the Georgian legislation; c) To respond to the official requests of this information in five working days. If the Agency is incapable to provide this information during this period it should notify an applicant about this and indicate a date when it will provide requested information. 4. The master of a ship flying the Georgian flag shall ensure that, subject to Articles 9 and 10, any certificate required under the present Law is kept available in its original form on board the ship on which the holder is serving. 5. The seagoing service is not counted for getting certificate of competence to: a) a seaferer of deck department; a.a) seagoing on beacon ship; a.b) seagoing during which he/she holded position of a pilot; a.c) seagoing on a sport ship; a.d) seagoing on a ship of less than 500 gross tonnages to get a certificate of a watchkeeping assistant of a ship of 500 gross tonnages or more; a.e) seagoing within the port waters; a.f) seagoing on a floating dock, floating lifter and cleansing ship; a.g) repair stop for more than 1 month; b) a ship engineer: b.a) seagoing on beacon ship; b.b) seagoing on a sport ship; b.c) seagoing on a ship of less 750 or more gross tonnages or on a ship powered by main propulsion machinery of 750 kw propulsion power or more to get a certificate of a mechanical engineer; b.d) seagoing on floating dock and floating lifter; c) an electric-technician: c.a) seagoing on a non self going ship of less than 50 kw propulsion power; c.b) seagoing on floating dock and floating lifter; c.c) seagoing on sport ship. 7

8 6. The service at the Agency will be counted as approved seagoing service according to the following calculation: two month of service at the Agency equals to one month of approved seagoing. The seagoing service recorded this way can be used for renewal of a competency certificate and not for getting a higher level certificate. Article 9. Endorsement of certificates 1. No person shall be employed on a ship flying the Georgian flag unless that person holds a certificate issued or an endorsed by the Agency. 2. The certificates issued to a master, deck officer and to others defined by this law shall be endorsed by the Agency in compliance with the present article, the Convention in the manner prescribed by Regulation I/2 of the Convention and Section A I/2 of the STCW Code in their up to date version. 3. An endorsement shall not be issued unless the person applying for the endorsement (not being a master or deck officer) has completed basic training and at least three months supervised sea service in radiocommunication duties. 4. The Agency issues endorsement certificate if a certificate issued by other country is recognised according to the requirements of this law. 5. Endorsement certificate is issued by the Agency as a separate document and it is assigned a unique number. 6. Endorsement certificate expires in five years or in less than five years when endorsed certificate expires or is cancelled by the Agency or competent authority of a third country which issued it. 7. The capacity in which the holder of a certificate is authorised to serve shall be identified in the form of an endorsement in terms identical to those used in the certificate. 8. The Agency ensures that certificates are issued only to candidates who comply with the requirements of the present Law. 9. A seafarer who presents a certificate for endorsement which is issued in accordance with the management level requirements set out in regulations II/2, III/2, III/3 ან VII/1 of the Convention and the STCW code is obliged to know Georgian Maritime legislation with regards to his/her duties. The scope of this knowledge for different rankings shall be defined and published by the Agency. Article 10. Recognition of certificates issued by the other country 1. A seafarer who is not of Georgian nationality may be allowed to serve in a ship flying the Georgian flag if his certificate of competency is recognised by the Agency in accordance with the present article. 2. The Agency may, by taking into account the provisions of the present Article, endorse a certificate issued, by a third country listed in the White List published by the IMO. 3. A certificate shall be recognised within the scope of authorisations, functions and competencies identified in the certificate. A certificate of recognised competencies will be accompanied with a respective recognition document. 4. The Agency may recognise a certificate issued by or under the authority of another Party to a master/officer provided that: a) the competent authority of another Party has confirmed, through all necessary measures, which may include inspection of facilities and procedures, that the requirements concerning standards of competency, the issue and endorsement of certificates and record keeping are fully complied with; 8

9 b) an undertaking is agreed with the Party concerned that prompt notification will be given of any significant change in the arrangements for certification; c) respective competent authority of relevant country will endorse that requirements set in the Convention regarding competencies, training and certification and also regarding the quality standards are fully observed. 5. A competency certificate shall not be recognised unless a country is a party to the Convention, or has been identified by the Maritime Safety Committee as having demonstrated that full and complete effect is given by it to the provisions of the Convention. 6. Notwithstanding Article 9, the Agency may, if circumstances require, subject to the provisions of paragraph (1) allow a seafarer to serve in a capacity other than radio officer or radio operator, except as provided by the Radio Regulations, for a period not exceeding three months on board a ship flying the Georgian flag, while holding a certificate of competency and valid certificate issued and endorsed as required by a State Party, but not yet endorsed for recognition by the Agency so as to render it appropriate for service on board a ship flying the Georgian flag. In that case, the Agency issues a documentary proof (CRA), for no longer than 3 month that application for an endorsement has been accepted. Article 11. Assessment of compliance and withdrawal of recognition 1. During the assessment of compliance by the Agency evaluation of a certain maritime training institute shall be proceeded according to the provisions of Section A-I/6 of the STCW Code. 2. Notwithstanding the criteria specified in Article 9, when the Agency considers that a recognised State Party no longer complies with the requirements of the Convention, it shall notify IMO immediately, giving substantiated reasons. 3. When the Agency intends to withdraw the endorsements of all certificates issued by another State Party it shall without delay inform IMO of its intention, giving substantiated reasons for it. 4. Endorsements attesting recognition of certificates, issued in accordance with Article 9 before the date on which the decision to withdraw recognition of the other State Party is taken, shall remain valid; seafarers holding such endorsements may not claim an endorsement recognizing a higher qualification, however, unless that upgrading is based solely on additional seagoing service experience. Article 12. Alternative certificates 1. Notwithstanding the requirements for certification specified in Part 3, the Agency may issue alternative certificates according to this article. The Agency is also entitled to delegate its rights to issue alternative certificates to other respective organisation in cases defined by the Georgian legislation. Alternative certificate is if: a) the associated functions and levels of responsibility to be stated on the certificates and in the endorsements are selected from, and identical to those appearing in Sections A-II/1, A-II/2, A-II/3, A-II/4, A-II/5, A-III/1, A- III/2, A-III/3, A-III/4, A-III/5 and A-IV/2 of the STCW Code; b) the candidates for certification: b.a) have completed approved education and training and meet the requirements for standards of competency, prescribed in the relevant sections of the STCW Code and as set forth in Section A-VII/1 of that Code, for the functions and levels that are to be stated on the certificates and in the endorsements; b.b) have completed approved seagoing service appropriate to the performance of the functions and levels that are to be stated on the certificate. The minimum duration of seagoing service shall be equivalent to the duration of seagoing service prescribed in Regulations 14 and 21. However, the minimum duration of seagoing service shall be not less than as prescribed in Section A-VII/2 of the STCW Code; c) a seafarer, who are to perform the function of navigation at the operational level shall meet the requirements of Article 24 of the present Law, as appropriate for performing designated radio duties in accordance with the Radio Regulations; 9

10 d) the certificates are issued in accordance with the requirements of Article 13 of the present Law and the provisions set forth in Chapter VII of the STCW Code. 2. No certificate shall be issued under paragraph (1) of the present article unless the information required by the Article IV and Regulation I/7 of the Convention has been communicated to IMO. 3. Where the Agency decides to issue or authorise alternative certificates under this Article, it shall ensure that the following principles are observed: a) no alternative certification system shall be implemented unless it ensures a degree of safety at sea and has a preventive effect as regards pollution at least equivalent to that provided by the Convention; b) any arrangement for alternative certification issued under Article 12 of the present law and Chapter VII of the Convention shall provide for the interchange ability of certificates with those issued in accordance with the Convention. Also, the mentioned principle of interchange ability shall ensure that seafarers certificated under the arrangements of any provision of Articles 13 to 19 of the present Law and Chapters II, III and VII of the Convention are able to serve on ships which have either traditional or other forms of shipboard organisation and seafarers are not trained for specific shipboard arrangements in such a way as would impair their ability to take their skills elsewhere; c) the issuing of alternative certificates shall not be used to reduce the number of crew on board, to justify the assignment of the combined duties of the engine and check watchkeeping officers to a single certificate holder during any particular watch; d) the person in command shall be designated as the master and the legal position and authority of the master and others shall not be adversely affected by the implementation of any arrangement for alternative certification; e) the principles contained in paragraphs (a) to (c) of this paragraph shall ensure that the competency of both deck and engineer ratings is maintained. 4. For the purposes of this Article, a person with ranking qualified under Article 18 or 19 of the present Law shall be treated as having qualified for the purpose of alternative certificates for support level under Chapter VII of the Convention and may be employed as a ranking forming part of a navigational or engineering watch. Article 13.Revalidation of a certificate 1. Except in cases when the Convention and the STCW code defines that it is not needed, In order to continue to qualify for sea-going service, every master, officer and radio operator holding a certificate, who is serving at sea or intends to return to sea after a period ashore, shall have a certificate revalidated at intervals not exceeding five years upon establishing: a) that he continues to meet the standards of medical fitness prescribed by the present Law; b) continued professional competency established by approved seagoing service by performing functions appropriate to the certificate held, for a period of minimum twelve months in total during the preceding five years, or three months in total during the preceding six months immediately prior to revalidating; or having performed functions considered to be equivalent to the seagoing service required in this paragraph, or is passing an approved test according to the Georgian legislation, or is successfully completing respective training course (courses), or is having completed approved seagoing service, performing functions appropriate to the certificate held, for a period of not less than three months in a supernumerary capacity, or in a lower officer rank than that for which the certificate held is valid immediately prior to taking up the rank for which it is valid. 2. Every master, officer and radio operator shall, for continuing seagoing service on board ships for which special training requirements have been internationally agreed upon, successfully complete approved relevant training. 3. Every master and chief engineer shall, for continuing seagoing service on board tankers, meet the requirements in paragraph (1)(b) of this Article and be required, at intervals not exceeding five years, to have at least 12 months practice in the respective rank. At least three months of this seagoing practice, shall be performed in the last 12 months of the five year period. 10

11 4. For the purpose of updating the knowledge of masters, officers and radio operators, the Agency shall ensure that the texts of recent changes in national and international regulations concerning the safety of life at sea, security and the protection of the marine environment are made available to ships entitled to fly the Georgian flag. 5. An alternative certificate issued to a master or an officer under this article of the present Law on the basis of his approved sea-going service as referred to in paragraph (1)(b) of this Article and Section A-I/11 of the STCW Code shall not be revalidated unless the holder provides evidence of his service in each discipline in a capacity not lower than that of a watchkeeping officer for at least three months. 6. A revalidation of a certificate of competency shall automatically mean revalidation of all short ancillary certificates and training documents required for the relevant appropriate certificate except medical care as mentioned in Article For the purposes of revalidation of certificates, every master, officer and radio operator shall, for continuing seagoing service on board ships, successfully complete approved relevant training. 8. The additional training referred in this article shall include: a) in the case of a master or a member of the deck department, trainings defined in Chapter II of the STCW code; b) in the case of a member of the engineer department, trainings in Chapter III of the STCW code c) in the case of a Radio operator trainings defined in Chapter IV of the STCW code. 9. In order to continue to serve on board tankers referred to in Article 30, an officer shall, in addition to the requirement of paragraph (1) of this article, be required to produce evidence of: a) at least three months seagoing service on a relevant tanker; b) six months service at a relevant tanker terminal; or c) having undertaken a relevant training course. 10. For the purposes of this article references to relevant tanker, relevant tanker terminal and relevant training course means that the tanker, tanker terminal and refresher training course, as the case may be, are relevant to the type of tanker on which the certificate held by the officer permits him to serve. Article 14. Fees 1. All services rendered by the Agency regarding the issuance, recognition or endorsement of the certificates shall be subject to payment. 2. The fees and means of payment for the services provided by the Agency shall be approved by the Ministry of Economy and Sustainable Development. Information of the fees and means of payment shall be available according to the rules set in the Georgian legislation. 3. The admission of a seafarer to a first qualification examination for issuance of a certificate of competency/proficiency is free of charge. All following attempts made in pursuant to Article 7 of the present Law shall be subject to payment of fees. The payment procedure is defined by the Agency. 11

12 Chapter III Certification of seafarers Article 15. Certificates for officers in charge of a navigational watch on ships of 500 gross tonnages or more 1. Every officer in charge of a navigational watch serving on a seagoing ship of 500 gross tonnages or more shall hold a certificate of competency. 2. a person shall be eligible for a certificate of competency provided that he: a) is not less than 18 years of age in full legal capacity; b) has had approved seagoing service of not less than 12 months as part of an approved training programme which includes six months onboard training on ships of 500 gross tonnage or more and is documented in an approved training record book, or otherwise has had approved seagoing service of not less than 36 months; c) has performed, during the required seagoing service, bridge watchkeeping duties under the supervision of the master or a qualified officer for a period of not less than six months; d) meets the applicable requirements of the Regulations in Chapter IV of the Convention, as appropriate, for performing designated radio duties in accordance with the Radio Regulations; e) has completed approved education and training and meets the standard of competency specified in section A- II/1 of the STCW Code; f) meets the standard of competency specified in section A-VI/1, paragraph 2, section A-VI/2, paragraphs 1 to 4, section A-VI/3, paragraphs 1 to 4 and section A-VI/4, paragraphs 1 to 3 of the STCW Code. Article 16. Certificates for masters and chief officers on ships of 500 gross tonnages or more 1. Every master and chief officer on a seagoing ship of between 500 and 3,000 gross tonnage shall hold a certificate of competency. A person shall acquire a certificate of competency according to paragraph (2) of this article provided that he/she: a) meets the requirements for certification as a chief mate in charge of a navigational watch on ships of 500 gross tonnage or more as specified in Article 15 of the present Law; b) for certification as master meets the requirements for certification as a chief mate in charge of a navigational watch on ships of 500 gross tonnage or more as specified in Article 15 of the present Law and has had approved seagoing service in that capacity not less than 36 months, however this period may be reduced to not less than 24 months if not less than 16 months of such seagoing service has been served as chief mate. c) has completed approved education and training and meets the standard of competency specified in Section A- II/2 of the STCW Code for masters and chief officers on ships of between 500 and 3000 gross tonnage. 2. Every master and chief mate on a seagoing ship of 3000 gross tonnage and more shall hold a certificate of competency provided that he/she : a) meets the requirements of an officer in charge of a navigational watch on ships of 500 gross tonnage or more as specified in Article 15; b) has: b.a) for certification as chief mate approved seagoing service as deck officer of no less than 16 month; b.b) for certification as master approved seagoing service as a deck officer of no less than 36 months but not less than 16 month out of which was served in the rank of chief mate; c) has completed approved training and meets the standard of competency specified in Section A-II/2 of the STCW Code for masters and chief officers on ships of 3000 gross tonnage and more. 12

13 Article 17. Certificates for officers in charge of a navigational watch and of masters on ships of less than 500 gross tonnages 1. Every officer in charge of a navigational watch serving on a seagoing ship of less than 500 gross tonnages engaged on international voyages shall hold a certificate of competency for ships of 500 gross tonnages or more. 2. Every master serving on a seagoing ship of less than 500 gross tonnages engaged on international voyages shall hold a certificate of competency for service as master on ships of between 500 and 3000 gross tonnage. 3. Every officer in charge of a navigational watch on a seagoing ship of less than 500 gross tonnages engaged on near-coastal voyages shall hold a certificate of competency. 4. A person shall be eligible for certification as officer in charge of a navigational watch on a seagoing ship of less than 500 gross tonnage as required by this Article provided that he: a) is not less than 18 years of age, in full legal capacity; b) has completed special training, including not less than 12 month seagoing service or approved seagoing service in the deck department of not less than 36 months; c) meets the applicable requirements of the regulations in Chapter IV of the Convention, as appropriate, for performing designated radio duties in accordance with the Radio Regulations; d) has completed approved education and training and meets the standard of competency specified in Section A- II/3 of the STCW Code for officers in charge of a navigational watch on ships of less than 500 gross tonnage engaged on near-coastal voyage; e) meets the standard of competence specified in Section A-VI/1, paragraph 2, Section A-VI/2, paragraphs 1 to 4, Section A-VI/3, paragraphs 1 to 4 and Section A-VI/4, paragraphs 1 to 3 of the STCW Code.. 5. Every master serving on a seagoing ship of less than 500 gross tonnages engaged on near-coastal voyages shall hold a certificate of competency. A person shall be eligible for certification as master on a seagoing ship of less than 500 gross tonnages provided that he or she: a) is not less than 20 years of age in full capacity; b) has had approved seagoing service of not less than 12 months as officer in charge of a navigational watch; c) has completed approved education and training and meets the standard of competency specified in Section A- II/3 of the STCW Code for masters on ships of less than 500 gross tonnage engaged on near-coastal voyages; d) meet the standard of competency specified in Section A-VI/1, paragraph 2, section A-VI/2, paragraphs 1 to 4, Section A-VI/3, paragraphs 1 to 4 and Section A-VI/4, paragraphs 1 to 3 of the STCW Code. 6. Where it appears to the Agency that a ship's size and the conditions of its voyage are such as to render the application of the full requirements of this Article and Section A-II/3 of the STCW Code unreasonable or impracticable, it may to that extent exempt the master and the officer in charge of a navigational watch on such a ship or class of ships from some of the requirements, bearing in mind the safety of all ships which may be operating in the same waters. Article 18. Certificates for ratings forming part of a navigational watch 1. Every rating forming part of a navigational watch on a seagoing ship of 500 gross tonnage or more, other than ratings under training and ratings whose duties while on watch are of an unskilled nature, shall be duly certified to perform such duties 2. A person shall be eligible for a certificate as a rating to perform duties as required by paragraph (1) of this Article provided that he: a) is not less than 16 years of age in full legal capacity; b) has special training, either pre-sea or on board ship, including an approved period of seagoing service which shall not be less than two months or completed approved seagoing service including not less than six months training and experience; c) meets the standard of competency specified in Section A-II/4 of the STCW Code. 13

14 3. The seagoing service, training and experience required by paragraph (2)(b) of this Article shall be associated with navigational watchkeeping functions and involve the performance of duties carried out under the direct supervision of the master, the officer in charge of the navigational watch or a qualified rating. Article 19. Certificates of ratings as able seafarer deck 1. Every able seafarer deck serving on a seagoing ship of 500 gross tonnages or more shall be duly certified. 2. A person shall be eligible for certification of ratings as able seafarer deck provided that he or she: a) is not less than 18 years of age in full legal capacity; b) meets the requirements for certification as a rating forming part of a navigational watch; c) while qualified to serve as a rating forming part of a navigational watch, has approved seagoing service in the deck department of not less than 18 months or not less than 12 months and have completed approved training; d) meets the standard of competency specified in section A-II/5 of the STCW Code. 3. Seafarers may be considered by the Agency to have met the requirements of this regulation if they have served in a relevant capacity in the deck department for a period of not less than 12 months within the last 60 months preceding the entry into force of this regulation. Article 20. Certificates for chief engineer officers and second engineer officers on ships powered by main propulsion machinery of 3000 kw propulsion power or more 1. Every chief engineer officer and second engineer officer on a seagoing ship powered by main propulsion machinery of 3000 kw propulsion power or more shall hold a certificate of competency. 2. A person shall be eligible for a certificate of competency as required by paragraph (1) of this Article provided that he: a) meets the requirements for certification as an officer in charge of an engineering watch as specified in Article 22 and - a.a) for certification as chief engineer officer, has had not less than 36 months approved seagoing service of which not less than 12 months shall have been served as an engineer officer in a position of responsibility while qualified to serve as Second engineer officer; a.b) for certification as a second engineer officer, has had not less than 12 months approved seagoing service as Assistant engineer officer or Engineer officer; and as of has not less than 12 months approved seagoing service as qualified engineer; b) has completed approved education and training and meets the standard of competence specified in Section A- III/2 of the STCW Code. 3. A person can obtain a certificate of a second engineer in case he/she has not less than 36 month approved seagoing service served as an engineer, but this period can be reduced to not less than 24 month if not less than 18 month of such seagoing service has been served as second engineer. Article 21. Certificates for chief engineer officers and second engineer officers on ships powered by main propulsion machinery of between 750 kw and 3000 kw propulsion power 1. Every Chief engineer officer and Second engineer officer on a seagoing ship powered by main propulsion machinery of between 750 and 3000 kw propulsion power shall hold a certificate of competency. 2. A person shall be eligible for a certificate of competency as required by paragraph (1) of this Article provided that he: a) meets the requirements for certification as an officer in charge of an engineering watch as specified in Article 22 and - 14

15 a.a) for certification as chief engineer officer, has had not less than 24 months approved seagoing service of which not less than 16 months shall have been served while qualified to serve as second engineer officer; a.b) for certification as second engineer officer, has had not less than 16 months approved seagoing service as assistant engineer officer or engineer officer; b) has completed approved education and training and meets the standard of competence specified in Section A- III/2 of the STCW Code. 3. A company may employ an engineer officer who is qualified to serve as second engineer officer on ships powered by main propulsion machinery of 3000 kw propulsion power or more, to serve as chief engineer officer on ships powered by main propulsion machinery of less than 3000 kw propulsion power provided that not less than 12 months approved seagoing service have been served as an engineer officer in a position of responsibility and the certificate is so endorsed. Article 22. Certificates for officers in charge of an engineering watch in a manned engine-room or designated duty engineers in a periodically unmanned engine-room 1. Every officer in charge of an engineering watch in a manned engine room or designated duty engineer officer in a periodically unmanned engine-room on a seagoing ship powered by main propulsion machinery of 750 kw propulsion power or more shall hold a certificate of competency. 2. A person shall be eligible for a certificate of competency required by paragraph (1) of this Article provided that he: a) Is not less than 18 years of age in full legal capacity; b) has completed combined workshop skills training and an approved seagoing service of not less than 12 months as part of an approved training programme which includes 6 months onboard training on seagoing ship powered by main propulsion machinery of 750 kw propulsion power or more and is documented in an approved training record book, or otherwise have completed combined workshop skills training and an approved seagoing service of not less than 36 months of which not less than 30 months shall be seagoing service in the engine department; c) have performed, during the required seagoing service, engine-room watchkeeping duties under the supervision of the chief engineer officer or a qualified engineer officer for a period of not less than six months; d) meets the standard of competency specified in section A-VI/1, paragraph 2, section A-VI/2, paragraphs 1 to 4, section A-VI/3, paragraphs 1 to 4 and section A-VI/4, paragraphs 1 to 3 of the STCW Code. Article 23.Certificates for ratings forming part of a watch in a manned engine room or designated to perform duties in a periodically unmanned engine-room 1. Every rating forming part of an engine-room watch or designated to perform duties in a periodically unmanned engine-room on a seagoing ship powered by main propulsion machinery of 750 kw propulsion power or more, other than ratings under training and ratings whose duties are of an unskilled nature shall be duly certificated to perform such duties. 2. A person shall be eligible for an appropriate certificate as required by paragraph (1) of this Article provided that he: a) is not less than 16 years of age in full legal capacity; b) has competed special training, either pre-sea or on board ship, including an approved period of seagoing service which shall not be less than two months or approved seagoing service including not less than six months training and experience; c) meets the standard of competence specified in Section A-III/4 of the STCW Code. 3. The seagoing service, training and experience required by paragraph (2)(b) of this Article shall be associated with engine-room watchkeeping functions and involve the performance of duties carried out under the direct supervision of a qualified engineer officer or a qualified rating. 15

16 Article 24. Certificate for GMDSS radio operator 1. Except as provided in paragraph 4 of this Article, the provisions of this Article apply to radio operators on ships operating in the GMDSS as prescribed by the SOLAS Convention, as amended. 2. Every person who is required to be in charge of or performing Radio-communication duties on a ship fitted with GMDSS equipment or intends to obtain a certificate of competency as a deck officer shall hold a certificate in GMDSS, issued or recognized by the Agency under the provisions of the Radio Regulations. 3. According to the SOLAS Convention every person is eligible to obtain a certificate of competency on radio installation provided that he/she: a) is not less than 18 years of age in full legal capacity; b) has completed approved education and training and meets the standard of competence specified in Section A-IV/2 of the STCW Code. 4. Radio operators on ships not required to comply with the provisions of the GMDSS mentioned in Chapter IV of the SOLAS Convention are not required to meet the provisions of Chapter IV of the Convention. Radio operators on these ships are also not required to comply with the Radio Regulations. The Agency shall ensure that the appropriate certificates as prescribed by the Radio Regulations are issued to or recognized in respect of such radio operators. Article 25. Certificate of ratings as able seafarer engine in a manned engine-room or designated to perform duties in a periodically unmanned engine-room 1. Every able seafarer engine serving on a seagoing ship powered by main propulsion machinery of 750 kw propulsion power or more shall be duly certificated. 2. A person is allegeable to apply for a certification as an able seafarer engine provided that he/she: a) is not less than 18 years of age in full legal capacity; b) meets the requirements for certification as a rating forming part of a watch in a manned engine-room or designated to perform duties in a periodically unmanned engine-room; c) while qualified to serve as a rating forming part of an engineering watch, have approved seagoing service in the engine department of not less than 12 month or not less than 6 months and have completed approved training; d) meet the standard of competency specified in Section A-III/5 of the STCW Code. 3. Seafarers may be considered by the Agency to have met the requirements of this regulation if they have served in a relevant capacity in the engine department for a period of not less than 12 months within the last 60 months preceding the entry into force of this Law. Article 26. Certification of electro-technician and rating electro-technician 1. Every electro-technician serving on a seagoing ship powered by main propulsion machinery of 750 kw propulsion power or more shall hold a certificate of competency. 2. Every candidate for certification shall: a) be not less than 18 years of age in full legal capacity; b) have completed not less than 12 months of combined workshop skills training and approved seagoing service of which not less than six months shall be seagoing service as part of an approved training programme which meets the requirements of Section A-III/6 of the STCW Code and is documented in an approved training record book, or otherwise not less than 36 months of combined workshop skills training and approved seagoing service of which not less than 30 months shall be seagoing service in the engine department; 16

17 c) have completed approved education and training and meet the standard of competency specified in Section A- III/6 of the STCW Code; d) meet the standard of competency specified in Section A-VI/1, paragraph 2, Section A-VI/2, paragraphs 1 to 4, Section A-VI/3, paragraphs 1 to 4 and Section A-VI/4, paragraphs 1 to 3 of the STCW Code. 3. Seafarers may be considered by the Agency to have met the requirements of this Law if they have served in a relevant capacity on board a ship for a period of not less than 12 months within the last 60 months preceding the entry into force of this Law and meet the standard of competency specified in Section A-III/6 of the STCW Code. 4. Notwithstanding the above requirements of paragraph 1 to 3, a suitably qualified person may be considered by the Agency be able to perform certain functions of Section A-III/6 of the Convention. 5. Every raiting electro-technical serving on a seagoing ship powered by main propulsion machinery of 750 kw propulsion power or more shall hold a certificate of competency. 6. Every candidate for certification as a raiting electro-technician shall: a) be not less than 18 years of age in full legal capacity; b) have completed not less than 12 months of combined workshop skills training and approved seagoing service of which not less than six months shall be seagoing service as part of an approved training programme which meets the requirements of Section A-III/7 of the STCW Code and approved seagoing service of not less than 3 month; c) meet the standard of competency specified in Section A-III/7 of the STCW Code. 7. Seafarers may be considered by the Agency to have met the requirements of this Law if they have served in a relevant capacity on board a ship for a period of not less than 12 months within the last 60 months preceding the entry into force of this Law and meet the standard of competency specified in Section A-III/7 of the STCW Code. 8. Notwithstanding the above requirements of paragraph 1 to 3, a suitably qualified person may be considered by the Agency be able to perform certain functions of Section A-III/7 of the Convention. Chapter IV Education and training Article 27. Requirements for education and training 1. Every company managing a ship flying the Georgian flag shall ensure that seafarers serving on the ship meet the following requirements: a) are trained as a minimum in accordance with the requirements of the Convention, as laid down in this Part; b) have received general training set out in Article 28 and basic training set out in Article 29; c) meet the appropriate standards of competence specified in the STCW Code. 2. The present article shall apply to certificates issued to crew members in accordance with Regulation III/10.04 of the SOLAS Convention. Article 28. Familiarisation training 1. Every person employed or engaged on a seagoing ship, other than passengers, shall, before being assigned to shipboard duties, receive approved familiarisation training required by Section A-VI/1, paragraph 1, of the STCW Code. 17

18 2. The ship-owner shall ensure that documentary evidence is maintained on the ship that familiarisation training has been provided to all persons other than passengers. Article 29. Basic training 1. Every seafarer employed or engaged in any capacity on board a ship on the business of that ship as part of the ship s complement with designated safety or pollution-prevention duties and on duties in the operation of the ship shall, before being assigned to any shipboard duties receive appropriate approved basic training or instruction required by Section A-VI/1, paragraph 2, of the STCW Code 2. A seafarer may hold a single Certificate of basic training with specific reference to the basic training or all components of the approved training referred to in Section A-VI/1, paragraph 2, of the STCW Code, or may hold separate certificate relating to each component of the training. Article 30. Mandatory training and qualification for masters, officers and ratings on tankers 1. No officer or rating shall be assigned any specific duties and responsibilities relating to cargo or cargo equipment on tankers unless he has completed: a) an approved shore-based fire-fighting course in addition to the training required by Regulation VI/1; and b) at least three months of approved seagoing service on tankers in order to acquire adequate knowledge of safe operational practices, or an approved tanker-familiarization course covering at least the syllabus given for that course referred to in Section A-V/1 of the STCW Code. 2. Notwithstanding paragraph (1) of this Article, the Agency may accept a period of supervised seagoing service shorter than that prescribed by paragraph (1)(b) of the present Article if: a) the period so accepted is not less than one month; b) the tanker is of less than 3000 gross tonnages; c) the duration of each voyage on which the tanker is engaged during the period does not exceed 72 hours; d) the operational characteristics of the tanker and the number of voyages and loading and discharging operations completed during the period allow the same level of knowledge and experience to be acquired. Article 31. Mandatory training and qualification for masters, officers, ratings and other personnel on passenger ships other than ro-ro passenger ships 1. This article applies to masters, officers, ratings and other personnel serving on board passenger ships, other than ro-ro passenger ships, engaged on international voyages; and personnel serving on passenger ships engaged on domestic voyages. 2. No seafarer shall be assigned shipboard duties on board passenger ships, unless that seafarer has completed the training required by paragraphs (4) to (6) of this Article in accordance with his capacities, duties and responsibilities. 3. Seafarers who are required to be trained in accordance with paragraphs (4) and (6) of this Article shall, at intervals not exceeding five years undertake appropriate refresher training, or provide evidence of having achieved the required standard of competency within the previous five years. 4. Master, Officers or other personnel of a passenger ship designated on muster lists to assist passengers in emergency situations on board passenger ships unless that person has completed training in crowd management as specified in Section A-V/2, paragraph 1, of the STCW Code. 5. No person shall be allowed to provide direct services to passengers on board passenger ships in passenger spaces unless that person has completed the safety training specified in Section A-V/2, paragraph 2, of the STCW Code. 18

19 6. Masters, chief officers, chief engineer officers and any person having responsibility for the safety of passengers in emergency situations on board passenger ships shall have completed approved training in crisis management and human behaviour as specified in Section A-V/2, paragraph 3, of the STCW Code. 7. The Agency shall ensure that documentary evidence of the training which has been completed is issued for every person found qualified under the provisions of this regulation. Article 32. Additional Mandatory training and qualification for masters, officers, ratings and other personnel on ro-ro passenger ships 1. Qualification of a master, officers, ratings and other personnel serving on RO-RO passenger ships shall meet the requirements set in the article 31 of this law. 2. Master, chief officers and every person serving on a RO-RO passenger ship assigned immediate responsibility for embarking and disembarking passengers, loading, discharging or securing cargo, or closing hull openings on board ro-ro passenger ships shall have completed approved training in passenger safety, cargo safety and hull integrity as specified in Section A-V/2, paragraph 4, of the STCW Code. 3. The Agency shall ensure that documentary evidence of the training which has been completed is issued for every person found qualified under the provisions of this article. Article 33. Requirement of language proficiency for seafarers The ship-owner and the master of a ship flying the Georgian flag shall ensure that seafarers employed or engaged in any voyage possess adequate proficiency in English language as defined in Sections A-II/I, A-III/I, A-IV/2 and A-II/4 of the STCW Code and the present Law as to enable them to perform their specific duties on the ship. Article 34. Use of simulators 1. The Agency shall ensure that the performance standards and other provisions set out in Section A-I/12 of the STCW Code and such other requirements as are prescribed in Part A of the STCW Code for any certificate concerned are complied with in respect of: a) all mandatory simulator-based training; b) any assessment of competence required by Part A of the STCW Code which is carried out by means of a simulator; c) any demonstration, by means of a simulator, of continued proficiency required by Part A of the STCW Code. 2. The Agency is entitled to exempt simulators installed or brought into use before 1 February 2002 from full compliance with the performance standards referred to in paragraph (1) of this Article. Article 35. Certificate for seafarer of proficiency in survival craft, rescue boats and fast rescue boats 1. Every person designated to take charge of a survival craft; and every candidate for a certificate as a deck officer or engineer officer shall hold a certificate of proficiency in survival craft and rescue boats. 2. A person shall be eligible for a certificate of proficiency in survival craft and rescue boats, other than fast rescue boats, if that person: a) is not less than 18 years of age in full legal capacity; b) has had approved seagoing service of not less than 12 months or has attended an approved training course and has approved seagoing service of not less than six months; 19

20 c) meets the standard of competence for certificates of proficiency in survival craft and rescue boats set out in Section A-V1/2, paragraphs 1 to 4, of the STCW Code. 3. A person shall be eligible for a certificate of proficiency of a specialist in fast rescue boats if that person: a) is the holder of a certificate of proficiency in survival craft and rescue boats other than fast rescue boats; b) has attended an approved training course; c) meets the standard of competence for certificates of proficiency in fast rescue boats set out in Section A-VI/2, paragraphs 7 to 12, of the STCW Code. Article 36. Certificate in medical first aid for seafarers. 1. Every seaferer designated to provide medical first aid on a ship and every candidate for a certificate as a deck officer or engineer shall hold a certificate in medical first aid. 2. A person shall be eligible for a certificate in medical first aid if that person: a) has completed basic training; b) has undertaken an approved training course; c) meets the standard of competence set out in Section A-VI/4, paragraphs 1 to 3 of the STCW Code. 3. Where training in medical first aid is not included in the qualification for the certificate to be issued, a certificate of proficiency shall be issued indicating that the holder has attended a course of training in medical first aid. Article 37. Certificate for seafarer of proficiency in medical care. 1. Every seafarer designated to take charge of medical care on board a ship shall hold a certificate of proficiency in medical care. 2. A candidate for a certificate for the capacity of chief mate or master as required by Article 16 of the present Law shall be required to be in possession of a certificate of proficiency in medical care. 3. A person shall be eligible for a certificate of proficiency in medical care if that person: a) has acquired a certificate in medical first aid; b) has undertaken an approved training course; and c) meets the standard of competence set out in Section A-VI/4, paragraphs 4 to 6 of the STCW Code. 4. A seafarer serving on a ship flying the Georgian flag in charge of medical care, shall undertake refresher training at intervals not exceeding five years commencing on or before the fifth anniversary of his original training in medical care. 5. Where training in medical care is not included in the qualification for the certificate to be issued, a special certificate or documentary evidence, as appropriate, shall be issued indicating that the holder has attended a course of training in medical care. Article 38. Minimum requirements for the issue of certificates of proficiency for ship security officers 1. Every candidate for a certificate of proficiency as ship security officer shall: a) have approved seagoing service of not less than 12 months or appropriate seagoing service and knowledge of ship operations; b) meet the standard of competence for certification of proficiency as ship security officer, set out in Section A- VI/5, paragraphs 1 to 4 of the STCW Code. 20