Regulations on the Standards of Training, Certification, Safe Manning, Hours of Work and Watchkeeping, No. 118 of 2010

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OD'}OJfl-t .... ..1,9°/lhc: 'Ill ,;:c;.9° ~(11\'fl -flih,;,'f! >.1'111 1fJiH {l-fl 11'i"f, O'¼/A DDll 11ID-1:C 1fn-,', °IY-..77:,. 1:m-1 >.ou-':1:lJ ouflt.:t- h?° hTOJfl'r: -fl1f{)o-fl hAl\:t- mt, hh/\7:t- h1A°IA f, nhA: - 111,q.:,. 11:t-°lnc Y..l.7:t- (h 'JTA~) 94 il'J° 'i1, 11'?0-" "-,.ooHH O'li!\ ODfl OD(l~'\'1! (l',..(' "1..('1T -flOD(lGT ;,,;,'? I/2 "1ffic-fl 9 'i1, htJ1--t•'I! a,.i)f,\ .e..il.(l.'l.'l°.Ai '111 H1A'?l\'\ ouch-fl :,,"t-11 hna,.'} '11\-'?': iJl\T IAF..T O'¼A mG:fT 'J°ilhcr ....... ....... . ~c«? O'¼A mG:fT 'J°ilhc r ... ......... .. ... . 95 LEGAL NOTICE NO.118/2010 REGULATIONS ON STANDARDS OF TRAINING, CERTIFICATION, SAFE MANNING, HOURS OF WORK AND WATCHKEEPING PART I GENERAL Article!. Short Title These Regulations may be cited as "the Regulations on the Standards of Training, Certification, Safe Manning, Hours of Work and Watchkeeping- Legal Notice No.118/2010." Article2. Definition In these Regulations unless the context otherwise requires: 1) "Appropriate Certificate" means:- a) in relation to Eritrean ships, a certificate or endorsement attesting to the recognition of a certificate issued in accordance with the provisions of these Regulations entitling the lawful holder thereof to serve in the capacity and perform the functions involved at the level of responsibility specified therein on a ship of the type, tonnage or power and means of propulsion indicated by the endorsement while engaged on the particular voyage concerned; and b) in relation to other ships, an appropriate certificate as defined in the STCW Convention; 2) "Approved" means approved by the Minister; 3) "Area Al"; "Area A2" ; "Area A3" and "Area A4" , have the meanings assigned to "Sea area Al", "Sea area A2", "Sea Area A3" and "Sea Area A4" in Regulation 2, Chapter IV of the SOLAS Convention; 4) "Assistant Engineer Officer" means a person under trammg to become an engineer officer and designated as such by national laws and regulations; 5) "Authorized Person" means a person authorized by the Minister for the purposes of these Regulations; 96 6) "Certificate" means as defined m article II, paragraph (c) of the STCW Convention; 7) "Certificate of Competence" means an appropriate certificate for the purposes of Articles 6 and 8 hereof; 8) "Chemical Tanker" means a ship constructed or adapted and used for the carriage in bulk of any liquid product listed in chapter 17 of the IBC Code; 9) "Chief Engineer Officer" means the senior engineer officer responsible for the mechanical propulsion and the operation and maintenance of the mechanical and electrical installations of the ship; 10) "Chief Mate" means the officer next in rank to master and upon whom the command of the ship will fall in the event of the incapacity of the master; 11) "Code" means the Transitional Maritime Code of Eritrea; 12) "Company" includes an individual, and in relation to a ship means the owner of the ship or any other organization or person such as the Manager or the demise chatterer, who has assumed the responsibility for the operation of the ship from the owner and who, on assuming such responsibility, has agreed to take over all the duties and responsibilities imposed on the company by the Regulations annexed to the STCW Convention; 13) "Constructed" in relation to a ship means the keel of which is laid or which is at a similar stage of construction; and "similar stage of construction" means a stage at which- a) construction identifiable with a specific ship begins; and b) assembly of that ship has commenced comprising at least 50 tonnes or 1 per cent of the estimated mass of all structural material, whichever is the less; 14) "Deck Officer" means an officer qualified in accordance with the provisions of chapter II of the STCW Convention; 15) "Department" means the Department of Maritime Transport; 16) "Director-General" means the Director General of the Department of Maritime Transport; 17) "EDH" Means Efficient Deck Hand Certificate; 18) "Engineer Officer" means an officer qualified in accordance with the provisions of Regulation III of the STCW Convention; 97 19) 11 Eritrean Ship" means a vessel registered under Proclamation NQ 77/1995 and "non-Eritrean ship" means a ship that is not an Eritrean ship; 20) "GMDSS" means Global Maritime Distress and Safety System; 21) "GT11 means gross tons as defined in the tonnage regulations; 22) "HSC Code" means the International Code on Safety for High Speed Craft as defined in SOLAS 74 as amended chapter X Regulation 1; 23) "High Speed Craft" shall have the meaning given it in High Speed Craft Code; 24) "Hovercraft" a craft capable of moving over water on a cushion of air created by jet engines: 25) "IBC Code" means the International Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk, as defined in Chapter VII part B Regulation 8 of SOLAS 74 as amended; 26) "IGC Code" means the International Code for the Construction and Equipment of Ships Carrying Liquefied Gases in Bulk, as defined in Chapter VI part C Regulation 8 of SOLAS 74 as amended; 27) "IMO" means the International Maritime Organization; 28) "ITC" means the International Telecommunications Convention. 29) "ITU" means the International Telecommunications Union; 30) "Liquefied Gas Tanker" means a ship constructed or adapted and used for the carriage in bulk of any liquefied gas or other product listed in Chapter 19 of the IGC Code; 31) "Master" means the person having command of a ship; 32) "Management level" means the level of responsibility associated with: a) serving as master, chief mate, chief engineer or second engineer of a sea- going ship; and b) ensuring that all functions within the designated area of responsibility are properly performed; 33) "Near-coastal Voyage" means voyages during which the ship will not proceed more than 600 miles from a designated port of operation and will always remain 98 within 20 miles of a safe haven. It shall also include voyages within the Red Sea, Gulf of Aquaba, Gulf of Suez and extending on the south to the Gulf of Aden not beyond 45 ten-east longitudes; 34) "Officer" means a person carried in a ship in the capacity of an officer under the terms of the safe manning document issued in respect of that ship; 35) "Oil" means petroleum in any form including crude oil, fuel oil, sludge, oil refuse and refined products other than oil-like substances; 36) "Oil Tanker" means a ship constructed or adapted primarily to carry oil in bulk in its cargo spaces and includes a combination carrier when it is carrying a cargo or part cargo of oil in bulk; 37) "Passenger Ship" means a ship carrying more than 12 passengers; 38) "Pleasure Vessel" means a vessel that is exclusively used for pleasure; 39) "Propulsion Power" means the total maximum continuous rated output power in kilowatts of all the ship's main propulsion power which appears on the ship's certificate of registry or other official document; 40) "Radio Regulation" means 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; 41) "Radio Operator" means a person who holds an appropriate certificate issued or recognized by the Administration under provisions of the Radio Regulation (ITU) and chapter IV of STCW 9 5; 42) "Rating" means a member of the ship's crew other than the master or an officer; 43) "The Red Sea Trading Area" means the Red Sea proper including the Gulf of Suez and Aqaba bounded at the south by the Rhumb line between Ras Si Ane (12 Degrees 8.5 Minutes North, 43 Degree 19.6 Minutes East) and Huns Murad (12 Degrees 40.4 Minutes North, 3 Degrees 30.2 Minutes East; 44) "Seafarer" means any one who is employed or engaged on a seagoing ship other than a passenger; 45) "Sea-going" means going to sea beyond the limits of the internal waters of Eritrea including its territorial sea; 99 46) "Seaman" includes every person (except masters, pilots and apprentices duly indentured and registered), employed or engaged in any capacity on board any ship; 47) "Second Engineer Officer" means the engineer officer next rank to the chief engineer officer and upon whom the responsibility for the mechanical propulsion and the operation and maintenance of the mechanical and electrical instalJations of the ship will fall in the event of the incapacity of the chief engineer officer; 48) "Secretary-General" means the Secretary-General of the IMO; 49) "SOLAS Convention" means the International Convention for the Safety of Life at Sea, 1974 and its Protocol of 1978 as amended by the International Maritime Organization to which Eritrea is a party; 50) "The STCW Code" means the Seafarer's Training, Certification and Watchkeeping Code adopted by the 1995 Conference of Parties to the International Convention on the Standards of Training, Certification and Watch.keeping for Seafarers, 1978; 51) "STCW Convention" means the International Convention on Standards of Training, Certification and Watch.keeping for Seafarers, 1978 as amended; 52) "STCW country" means a country that is a party to the STCW Convention: 53) "STCW ship" means a ship entitled to fly the flag of a STCW country and "non- STCW ship" means a ship that is not a STCW ship: 54) "Tanker" means a) a chemical tanker, b) a liquefied gas tanker or c) an oil tanker; 55) "Third Engineer Officer'' or "Watch-keeping Engineer Officer" means an engineer officer other than the chief engineer officer and second engineer officer. Article 4. References Any reference to the IBC Code, the IGC Code, the STCW Code, or the STCW Convention shall include reference to any document amending the Code or Convention, which is binding on and relevant to Eritrea. Article 5. Scope of Application 1) Except as referred to in sub-Article (2) hereof and subject to Article 29 of these Regulations, these Regulations shall apply to: 100 a) sea-going Eritrean ships wherever they may be and non-Eritrean ships when in Eritrean waters; and b) masters and seamen employed in sea-going Eritrean shlps. 2) These Regulations shall not apply to: a) warships and naval auxiliaries or other ships owned or operated by a State and engaged only in non-commercial Government service; b) fishing vessels; c) pleasure vessels except when over 24 metres in length or carrying twelve or more passengers; or d) wooden ships of primitive build; or e) seafarers employed in the ships referred to in paragraphs (a) to (d) of this sub- Article. PART II CERTIFICATION AND RECOGNITION OF CERTIFICATES Article 6. Qualification as an Officer A person is qualified as an officer where he holds a certificate of competence issued under Article 19 of these Regulations or a certificate of competence, which has been duly recognised and endorsed in accordance with Article 7 of these Regulations, in one of the following capacities: 1) master; 2) chlef mate; 3) officer in charge of a navigational watch; 4) chief engineer officer; 5) second engineer officer; 6) officer in charge of an engineering watch; or 7) radio operator. Article 7. Revalidation of Certificate 1) The certificate of a master or other officer issued in compliance with Article 5 of these Regulations shall not be valid for sea-going service unless revalidated at intervals not exceeding 5 years to establish continued professional competence in accordance with section A-Vl 1 of the STCW Code. 101 2) A certificate issued pursuant to Article 10 of these Regulations shall not be valid for sea-going service unless revalidated at intervals not exceeding 5 years, to establish continued professional competence in accordance with section A-I/11 of the STCW Code. 3) The requirements of the First Schedule to these Regulations shall apply to all applicants for revalidation of their certificates. Article 8. Recognition of Certificate 1) The Department of Maritime Transport may, for service on board Eritrean ships, recognize an appropriate certificate issued by or under the authority of another STCW country to a master, officer or radio operator where it is satisfied that: a) the requirements of the STCW Convention concerning standards of competence, the issuance and endorsement of certificates and record keeping are fully complied with; and b) prompt notification is given to the Department of Maritime Transport of any significant change in the arrangements for training and certification provided in compliance with the Convention. 2) For the purpose of satisfying itself under sub-Article (1) hereof, the Department of Maritime Transport: a) Shall, with respect to the issuing authority, take into account any WO list of STCW countries which, according to the IMO, have given full and complete effect to the STCW Convention; and b) May, with respect to verification of the authenticity and validity of a certificate presented for recognition: 1. require from the authority which has issued the certificate, copies of its maritime legislation and details of its facilities and procedures concerning the training and certification of seafarers; and 11. where deemed necessary, inspect such facilities and procedures. 3) Every certificate presented for recognition under this Article shall be in the original form, and where the original is in a language other than English, it shall be accompanied by an official translation in English. 4) Where the Department of Maritime Transport recognizes a certificate pursuant to sub-Articles (1), (2) and (3), it shall endorse such a certificate to attest its recognition. 5) The endorsement shall be issued as a separate document, which shall be in the form set out in the Second Schedule to these Regulations, and the capacity in 102 which the holder of a certificate is authorised to serve shall be provided in the form of endorsement in the manner specified therein. 6) Each endorsement referred to in this Article shall: a) be assigned the same number as the certificate concerned, where that number is unique; and b) expire as soon as the certificate endorsed expires or is withdrawn, suspended or cancelled by the party which issued it and, in any case, after five years from the date of issue. 7) The Department of Maritime Transport may recognise a certificate other than a certificate referred to in sub-Article (1), issued by or under the authority of another STCW country following successful completion by a seafarer of courses of training such as those referred to in Articles 9 to 17, where it is satisfied that such certificate has been issued in compliance with the relevant requirements of the STCW Convention. 8) The Department of Maritime Transport shall ensure that every seafarer who presents for recognition a certificate of competence which has been issued as certification at the management level has appropriate knowledge of the maritime legislation of Eritrea, and proficiency in the English language relative to the functions which he is permitted to perform. 9) Information provided and measures agreed upon under this Article shall be communicated to the Secretary-General within six months of recognising such certificates. 10) No certificate issued by or under the authority of a State that is not a STCW country shall be recognized. 11) The Department of Maritime Transport may, where circumstances require, allow a seafarer to serve in a capacity other than radio operator, (except as otherwise provided in the Radio Regulations), for a period not exceeding three months on board an Eritrean ship, while holding an appropriate and valid certificate issued and endorsed by the authority of another STCW country but which has not yet been endorsed so as to render it appropriate for service on board Eritrean ships, provided the Department of Maritime Transport is satisfied that application for an endorsement has been duly submitted. 12) An endorsement issued by or under the authority of an STCW country in recognition of, or attesting to, the recognition of a certificate by or under the authority of another STCW country shall not be used as the basis for recognition by the Department of Maritime Transport. 13) Subject to sub-Article (14), an endorsement granted under this Article shall remain valid only as long as the ce1tificate to which it attests remains valid. 103 14)The Department of Maritime Transport may revoke or cancel at any time an endorsement granted under this Article where it has valid grounds for believing that the holder of the certificate has: a) committed a violation of any provision of the Code or any Regulations made thereunder; b) committed an offence under the laws of Eritrea; c) demonstrated a lack of sobriety or good character and conduct; or d) failed to maintain the required standard of medical fitness. Article 9. Appropriate Certificate l) Any officer serving in the capacity set out in column 1 of the table in the Third Schedule to these Regulations shall hold an appropriate certificate for that capacity. 2) A person shall only be entitled to be issued with such an appropriate certificate where he complies with the criteria in Regulations annexed to the STCW Convention, set out in column 2 of the table in relation to that entry, and any other requirements specified by the Department of Maritime Transport, as provided in the Fourth Schedule to these Regulations. Article 10. Ratings and Holders of Other Qualification I) Every rating forming part of a navigational watch on a ship of 500 GT or more, other than ratings under training and ratings whose duties while on watch are of an unskilled nature, shall hold a certificate referred to herein as a "Navigational Watch Rating Certificate" issued in accordance with Regulation II/4 in the Annex to the STCW Convention by the Department of Maritime Transport or by or under the authority of another STCW country. 2) Every rating forming part of an engine-room watch or designated to perfonn duties in a periodically unmanned engine-room on a 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 hold a certificate referred to herein as an "Engine Room Watch Rating Certificate" issued in accordance with Regulation III/4 in the Annex to the STCW Convention by the Department of Maritime Transport or by or under the authority of another STCW country. 3) Any person designated to perform watch-keeping duties in a manned or periodically unmanned engine-room on a ship powered by main propulsion machinery of 350 kW power or more, but less than 750 kW, shall be the holder of one of the engineering certificates of competency referred to in Article 6 or be the holder of a Boat Engine Operator's licence issued in compliance with any Small Vessel Operator Regulations to be issued by the Minister 104 Article 11. Radio Communication Personnel 1) Every ship shall carry a person or persons: a) qualified for distress and safety radio communication purposes as specified in sub- Article (2) hereof; and b) who is or are holders of certificates specified in the Radio Regulations as appropriate, and one such person shall be designated by the master to have primary responsibility for radio communications during distress incidents. 2) On Area A 1 ships, the person qualified as mentioned in sub Article ( 1) shall hold at least a GMDSS restricted operator's certificate issued in accordance with subsection D of section IIIA of Article 55 of the Radio Regulations. 3) On ships operating in Areas Al/A2, Al/A2/A3 and Al/A2/A3/A4, the person qualified as mentioned in sub-Article (1) shall bold a GMDSS general operator's certificate issued in accordance with subsection C of section IIIA of Article 55 of the Radio Regulations. 4) The Director-General shall not grant a certificate referred to in sub-Articles (2) and (3) to any person unless that person: a) is at least 18 years of age: b) has completed approved education and training and meets the standard of competence specified in section A-fV/2 of the STCW Code; and c) any other requirements specified by the Department of Maritime Transport. Article 12. Training and Qualification of Masters and Seafarers I) Officers and ratings assigned specific duties and responsibilities related to cargo or cargo equipment on tankers shall have completed an approved shore-based advanced fire-fighting course as specified in section A-VL3 of the STCW Code in addition to the training required by section A-Vl l of the STCW Code and shall have completed: a) at least three months of approved seagoing service on tankers in order to acquire adequate knowledge of safe operational practices; or b) an approved tanker familia1ization course covering at least the syllabus given for that course in section A-V I of the STCW Code. 2) The period of seagoing service required under sub-A1ticle (l)(a) hereof may be reduced to not less than one month where: a) the tanker on which such service is performed is of less than 3,000 GT: 105 b) the duration of each voyage of the tanker on which such approved service is performed does not exceed 72 hours; and c) the operational characteristics of the tanker on which such approved service is performed 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 as would have been acquired in approved service performed in accordance with sub-Article (I) (a) on a tanker of a size, and performing voyages, not falling within paragraphs (a) and (b) of this sub-Article. 3) Masters, chief engineer officers, chief mates, second engineer officers and any person with immediate responsibility for loading, discharging and care in transit or handling of cargo in tankers shall, in addition to meeting the requirements of sub-Article (1), have: a) experience appropriate to their duties on the type of tanker on which they serve; and b) completed an approved specialized training programme which at least covers the subjects set out in section A-V/1 of the STCW Code that are appropriate to their duties on the tanker on which they serve or provide evidence of having achieved the required standard of competence within the previous five years. 4) An appropriate endorsement shall be issued on certificates of competency to officers and ratings who are qualified in accordance with sub-Article (1) or (3), as appropriate, and every rating who is so qualified shall be certificated. Article 13. Training and Qualification of Masters, Officers, Ratings and Other Personnel on Ro-ro Passenger Ships l) This Article applies to masters, officers, ratings and other personnel serving on board ro-ro passenger ships. 2) Prior to being assigned shipboard duties on board ro-ro passenger ships, seafarers shall have completed the training required by sub-Articles (4) to (8) hereof in accordance with their capacity, duties and responsibilities. 3) Seafarers who are required to be trained in accordance with sub-Articles (4), (7) and (8) hereof shall, at intervals not exceeding five years, undertake appropriate refresher training. 4) Masters, officers and other personnel designated on muster lists to assist passengers in emergency situations on board ro-ro passenger ships shall have completed training in crowd management as specified in section A-V/2, paragraph 1 of the STCW Code. 106 5) Masters, officers and other personnel assigned specific duties and responsibilities on board ro-ro passenger ships shall have completed the familiarization training specified in section A-V/2, paragraph 2 of the STCW Code. 6) Personnel providing direct service to passengers in passenger spaces on board ro- ro passenger ships shall have completed the safety training specified in section A- V/2, paragraph 3 of the STCW Code. 7) Masters, chief mates, chief engineer officers, second engineer officers and every person 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. 8) Masters, chief mates, chief engineer officers and any person having responsibility for the safety of passengers in emergency situations on board ro-ro passenger ships shall have completed approved training in crisis management and human behaviour as specified in section A-V/2, paragraph 5 of the STCW Code. 9) It shall be the duty of any person providing the training referred to in this Article to issue documentary evidence to every person who successfully complets such training. 10) Any documentary evidence issued by an STCW country to a seafarer who is trained and qualified in accordance with this Article may be recognised in accordance with Article 7, for service as referred to in this Article on board ro-ro passenger ships. Article 14. Training and Qualification of Masters and Seamen on Passenger Ships other than the 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. 2) Prior to being assigned shipboard duties on board passenger ships, seafarers shall have completed the training required by sub-Articles (4) to (8) hereof in accordance with their capacity, duties and responsibilities. 3) Seafarers who are required to be trained in accordance with sub-Articles (4), (7) and (8) shall, at intervals not exceeding five years, undertake appropriate refresher training or be required to provide evidence of having achieved the required standard of competence within the previous five years. 4) Personnel designated on muster lists to assist passengers in emergency situations on board passenger ships shall have completed training in crowd management as specified in Section A-V/3, paragraph l of the STCW Code. 5) Masters and seamen assigned specific duties and responsibilities on board passenger ships shall have completed the familiarisation training specified m section A-V/3, paragraph 2 of the STCW Code. 107 6) Seamen providing direct service to passengers on board passenger ships in passenger spaces shall have completed the safety training specified in Section A- V/3, paragraph 3 of the STCW Code. 7) Masters, chief mates, and every person assigned immediate responsibility for embarking and disembarking passengers shall have completed approved training in passenger safety as specified in Section A-V/3, paragraph 4, of the STCW Code. 8) Masters, chief mates, chief engineer officers, second 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/3, paragraph 5 of the STCW Code. 9) Any documentary evidence issued by an STCW country to a seafarer who is trained and qualified in accordance with this Article may be recognised in accordance with Article 7, for service as referred to in this Article on board passenger ships other than ro-ro passenger ships. Article 15. Training and Qualification of Masters and Seafarers on High Speed Craft I) This Article applies to masters, officers, and seafarers serving on board high- speed craft which are ships constructed on or after 1st January, 1996. 2) Prior to being assigned shipboard duties on board high-speed craft, masters, and seamen shall have completed the training specified in the Fifth Schedule to these Regulations. 3) It shall be the duty of any person providing the training referred to in this Article to issue documentary evidence to every person who successfully completes such training. 4) In the case of masters, and of officers having an operational role on high speed craft, the documentary evidence shall be a certificate in a form specified in the Fifth Schedule to these Regulations and shall be endorsed in a manner specified in that Schedule. 5) Any documentary evidence issued by an STCW country to a seafarer who is trained and qualified in accordance with this Article may be recognised, in accordance with Article 7, for service in high-speed craft. Article 16. Familiarization, Basic Safety Training and Instructions for all Seafarers All seafarers shall receive familiarization, basic safety trammg or instruction in accordance with section A-VI/1 of the STCW Code and shall meet the appropriate standard of competence specified therein. 108 Article 17. Requirements for the Holding of Certificates of Proficiency for Survival Craft and Rescue Boats I) Every person designated to launch or take charge of survival craft or rescue boats other than fast rescue boats shall hold a certificate of proficiency in such craft. 2) No person shall be granted a certificate referred to in sub-Article (1) hereof unless he meets the criteria specified in Regulation VI/2.1 in the Annex to the STCW Convention. 3) Every person designated to launch or take charge of a fast rescue boat shall hold a certificate of proficiency in such boat. 4) No person shall be granted a certificate referred to in sub-Article (3) hereof unless he meets the criteria specified in Regulation V1'2.2 in the Annex to the STCW Convention. 5) Any certificate of proficiency issued by an STCW country to a seafarer who is qualified in accordance with the provisions of this Article may be recognised, in accordance with the provisions of Article 7 of these Regulations, for service in survival craft and rescue boats. 6) In this Article, "fast rescue boat" means a rescue boat which is: a) not less than 6 metres in length and not more than 8.5 metres in length; and b) capable of manoeuvring, for at least 4 hours, at a speed of at least 20 knots in calm water with a suitably qualified crew of 3 persons and at least 8 knots with a full complement of persons and equipment. Article 18. Requirements for Training in Advanced Fire Fighting 1) Seafarers designated to control fire-fighting operations shall have successfully completed advanced training in techniques for fighting fire with particular emphasis on organization, tactics and command in accordance with the provisions of section A-VI/3 of the STCW Code and shall meet the standard of competence specified therein. 2) Where training in advanced fire fighting is not included in the qualifications 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 advanced fire fighting referred to in sub-Article (1) hereof. 3) Any certificate or other appropriate documentary eYidence issued by an STCW country to a seafarer who is qualified in accordance with the provisions of this Article may be recognised, in accordance with Article 7 of these Regulations, where such seafarer is designated to control the operations referred to in sub- Article ( 1) hereof. 109 Article 19. Requirements Relating to Medical First Aid and Medical Care l) Seafarers designated to provide medical first aid on board ship shall meet the standard of competence in medical first aid specified in section A-VI/4, paragraphs 1 to 3 of the STCW Code. 2) Seafarers designated to take charge of medical care on board ship shall meet the standard of competence in medical care on board ships specified in section A- VI/4, paragraphs 4 to 6 of the STCW Code. 3) Where training in medical first aid or medical care is not included in the qualifications 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 first aid or in medical care. 4) Any certificate or other appropriate documentary evidence issued by an STCW country to a seafarer who is qualified in accordance with the provisions of this Article may be recognised, in accordance with Article 7 of these Regulations, where such seafarer is designated to provide the medical first aid or medical care referred to in sub-Articles (1) or (2) hereof. Article 20. Issue, Form, Validity, Record and Surrender of Certificates l) A seafarer, on application and payment of the prescribed fee shall be entitled to be issued an appropriate certificate or endorsement provided he meets the requirements set out in the Fourth Schedule. 2) Certificates and endorsements under these Regulations shall be issued by the Department of Maritime Transport and delivered to the person entitled to hold them. - 3) A certificate or endorsement shall remain valid for sea-going service only so long as the holder can comply with the standards and conditions as to medical fitness and professional competence to act in the appropriate capacity specified by the Department of Maritime Transport. 4) A record of all certificates and endorsements which are issued under these Regulations, have expired or have been revalidated, suspended, cancelled, or reported lost or destroyed and any alteration of or any other matters affecting any such certificates or endorsements, shall be kept in such manner as the Department of Maritime Transport may require which shall include at least the details specified in the Sixth Schedule and any other details which may be required by the Department as may be specified by the IMO from time to time. 5) Where the holder of a certificate is issued with an appropriate certificate at a higher level he shall surrender the first-mentioned certificate for cancellation to the Director-General, or to such person as the Director-General directs. 6) Where a person is convicted of an offence under a certificate or endorsement is issued and the conditions for its issue prescribed in these Regulations or specified by the Director-General have not been complied with, then the holder of the 110 relevant certificate shall, at the direction of the Director-General, deliver it for cancellation to the Director-General, or to such person as the Director-General directs. 7) In this Article, and in Article 21, "endorsement" means endorsement of the recognition of a certificate pursuant to Article 7 of these Regulations. Article 21. Refusal of Certificates and Appeals Against Refusal I ) Notwithstanding that an applicant for a certificate of competence or an endorsement complies with the standards or fulfils the conditions specified by, or by virtue of, the foregoing provisions of these Regulations, the Department of Maritime Transport shall not issue or revalidate the appropriate certificate applied for unless it is satisfied, having regard to all the relevant circumstances, that the applicant is a fit person to be the holder of the certificate and to act in the capacity to which it relates. 2) Where the Department of Maritime Transport intends to refuse the issue or revalidation of a certificate of competence or certificate of equivalent competence for any reason, it shall give a notice in writing. specifying the reasons for refusal thereof, to the applicant who shall have the right. before a date specified in the notice, to appeal to the Minister. 3) Where an applicant, before the date mentioned in sub-Article (2) hereof, has appealed to the Minister, the latter shall give his decision within 60 days. 4) Any applicant aggrieved by an adverse decision of the Minister under sub-Article (3) of this Article hereof may, within thirty days after such decision bas been rendered, appeal to the High Court of Eritrea, upon paying the required fee. The decision of the High Court shall be final. Article 22. Loss of Certificate Where a person entitled to a certificate or endorsement loses or is deprived of a certificate or endorsement already issued to him, the Department of Maritime Transport, I) where reasonably satisfied that the person has lost or been deprived of the certificate or endorsement without fault on his part shall, and 2) where he is not so satisfied may, upon receipt of any fee payable, cause to be issued to that person a ce1tified copy of the certificate or endorsement to which the person appears to be entitled. I 11 Article 23. Near Coastal Voyages The principles governing near coastal voyages are set out in the Seventh Schedule to these Regulations. PARTIII QUALITY STANDARDS Article 24. Training, Assessment and Maintenance of Quality Standards 1) The training and assessment of seafarers shall be administered, supervised and monitored in accordance with the provisions of section A - I/6 of the STCW Code. 2) The provisions of the Eighth Schedule to these Regulations shall apply in respect of the assessment of seafarers ashore for certification under Article 5. 3) Persons responsible for the training and assessment of seafarers shall be appropriately qualified in accordance with the provisions of section A - I/6 of the STCW Code for the type and level of training or assessment involved. 4) The performance standards and other provisions set forth in section A - I/12 and such other requirements as are prescribed in :eart A of the STCW Code for any certificate concerned shall be complied with in respect of - a) all mandatory simulator-based training; b) any assessment of competence required by Patt A of the STCW Code which is carried out by means of a simulator; and c) any demonstration, by means of a simulator, of continued proficiency required by Part A of the STCW Code. 5) Simulators installed or brought into use prior to 1 February 2002 shall be exempt from full compliance with the performance standards referred to in sub-Article (4) hereof. 6) Under the direction of the Department of Maritime Transport, and in accordance with section A - I/8 of the STCW Code, a quality standards system shall be established through which all activities relating to training, assessment of competence, certification, endorsement and revalidation shall be continuously monitored to ensure the achievement of defined objectives including those concerning the qualifications and experience of instructors and assessors. 7) Education and training provided by maritime training institutions of an STCW country other than Eritrea may be recognized by the Department of Maritime 112 Transport for the purpose of examination and certification under these Regulations. 8) An independent evaluation sball be undertaken in accordance witb section A- I/8 of the STCW Code by suitably qualified persons appointed by the Department of Maritime Transport who are not themselves involved in the activities concerned and information relating to such evaluation shall be communicated to the Secretary-General. PART IV HOVERCRAFT Article 25. Application of Schedule IV The provisions of this Part apply to every sea-going hovercraft registered m Eritrea and constructed on or after 1st January, l 996. Article 26. Mandatory Minimum Requirements for the Training of Hovercraft l) It shall be the duty of every owner of a hovercraft to which the provisions of this Pait apply to ensure that masters, seamen and other personnel have completed the training specified by the Department of Maritime Transport. 2) It shall be the duty of any person providing the training referred to in this Article to issue documentary evidence to every person successfully completing such training. In the case of masters, and of officers having an operational role on high-speed craft, the documentary evidence shall be a certificate in a form specified by the Depa1tment; the endorsement shall also be in a manner specified by the Department. Article 27. Certificates The provisions of Articles 20, 21 and 22 of these Regulations shall apply to certificates issued under Article 25 of these Regulations as they apply to other certificates or endorsements issued under these Regulations. Article 28. Exemption The Director-General may exempt the owner of any hovercraft from any of the requirements of Article 25 subject to such conditions as he may specify, and may alter or cancel any exemption so granted. 113 PARTY SAFE MANNING Article 29. Responsibilities of Companies, Masters and Others I) The provisions of this Article apply only to Eritrean ships. 2) Every company shall ensure that: a) every seaman assigned to any of its ships holds an appropriate certificate in respect of any function he is to perform on that ship; b) every seaman on any of its ships has had training specified in these Regulations in respect of any function that he is to perform on that ship; and c) documentation and data relevant to all seamen employed on its ships are maintained and readily available for inspection and include, without being limited to, documentation and data on their experience, training, medical fitness and competence in assigned duties. 3) Nothing in sub-Article (2) shall prohibit the allocation of tasks for training under supervision or in case of force majeure. 4) The company shall provide written instructions to the master of each of its ships setting out the policies and the procedures to be followed to ensure that all seamen who are newly employed on board the ship are given a reasonable opportunity to become familiar with the shipboard equipment, operating procedures and other arrangements needed for the proper performance of their duties, before being assigned to those duties. 5) The policies and procedures referred to in sub-Article (4) shall include- a) allocation of a reasonable period of time during which each newly employed seaman will have an opportunity to become acquainted with : 1. the specific equipment the seaman will be using or operating; 11. ship-specific watchkeeping, safety, environmental protection and emergency procedures and arrangements the seafarer needs to know to perform the assigned duties properly; and b) designation of a knowledgeable crew member who will be responsible for ensuring that an opportunity is provided to each newly employed seaman to receive essential information in a language the seaman understands. 6) It shall be the duty of any master and any member of a crew designated with an obligation under sub-Article (4) to carry out that obligation. 114 Article 30.Safe Manning 1) It shall be the duty of the company to ensure that in relation to every ship of 500 GT or more: a) a safe manning document is in force in respect of the ship and the manning of the ship; b) the safe manning document is kept on board the ship at all times; and c) the manning of the ship is maintained at all times to at least the levels specified in the safe manning document. 2) The master of any ship to which this Article applies shall ensure that the ship does not proceed to sea unless there is on board a valid safe manning document issued in respect of the ship and the manning of the ship complies with that document. 3) It shall be the duty of the company applying for the safe manning document in respect of any Eritrean ship to submit to the Department of Maritime Transport proposals as to the numbers and grade of personnel it considers should be carried so that the ship would be safely manned if it proceeded to sea on any intended voyage and in preparing-such proposals the company shall take into account the guidelines contained in the Ninth Schedule to these Regulations and any additional guidance issued by the Department of Maritime Transport. 4) It shall be the duty of the company after the issue of a safe manning document to inform the Department of Maritime Transport as soon as any of the circumstances which are pertinent to that safe manning document change, for the purpose of enabling the Department of Maritime Transport to review the document's continuing validity or approve new proposals from the company. Article 31. Dispensation l) Subject to sub-Article (2) hereof, the Department of Maritime Transport may, in circumstances of exceptional necessity and where, in its opinion, no danger to persons, property or to the environment will be caused, issue a dispensation permitting a specified seafarer to serve in a specified ship for a specified period not exceeding six months, in a capacity other than that of a radio operator, except as provided by the relevant radio regulations, for which he does not hold the appropriate certificate, provided the person to whom the dispensation is issued is adequately qualified to fill the vacant post in a safe manner, in accordance with the applicable safe manning requirements. 2) A dispensation shall not be granted to a person to act as a master or chief engineer except in circumstances of force majeure, and in any event, such dispensation, where granted, shall be granted only to an officer at the management level and for the shortest duration possible. 115 3) In granting a dispensation under sub-Article (2) hereof, the Department of Maritime Transport shall specify the particular voyage or part of a voyage for which the dispensation will be valid. 4) A dispensation shall only be granted to a person properly certificated to fill the post immediately below; and where certification for such post is not required under these Regulations, a dispensation may be issued to a person whose qualifications and experience are, in the opinion of the Director-General, of a clear equivalence to the requirements for the post to be filled, provided that, where such person does not hold an appropriate certificate, he shall be required to pass a test acceptable to the Department of Maritime Transport as demonstrating that such a dispensation may safely be issued. 5) Where a dispensation is granted under this Article, the Director-General shall ensure that the post in question is filled by the holder of an appropriate certificate as soon as possible. 6) The Department of Maritime Transport shall, as soon as possible after the first day of January of each year, submit to the Secretary-General, a report indicating the total number of dispensations granted for each capacity for which an appropriate certificate is required in respect of all sea-going Eritrean ships, and the numbers of those ships above and below 3000 GT respectively. 7) A dispensation shall be given in the form specified in the Tenth Schedule to these Regulations. PART VI HOURS OF WORK Article 32. Application of Part VI This Part shall apply only to Eritrean ships. Article 33. General Duty of Companies, Employers and Masters 1) Subject to the provisions of Article 35 of these Regulations, it shall be the duty of every company in respect of a ship, and of every employer, to ensure, so far as is reasonably practicable, that the master and seamen do not work more hours than is safe in relation to the safety of the ship and the master's and the seamen's performance of their duties. 2) Subject to Article 35 of these Regulations, it shall be the duty of every master of a ship to ensure, so far as is reasonably practicable, that seamen do not work more hours than is safe in relation to the safety of the ship and the master's and the seamen's performance of their duties. 116 Article 34. Duties of Masters and Seamen Every master and seaman shall, so far as is reasonably practicable, ensure that he is properly rested when commencing duty on a ship and that he obtains adequate rest during periods when he is off duty. Article 35. Schedules of Duties and Need to Maintain Records 1) It shall be the duty of the company to produce a schedule of duties complying with the provisions of this Article. 2) Where the company is not also the employer of the master and all the seafarers, it shall consult any other person who is an employer of the master or of any of the seafarers before production of the schedule. 3) The company may arrange with any such employer that the employer is to produce a schedule of duties in accordance with this Article and in such a case that employer shall also be subject to the duties of the company under this Article. 4) Before producing a schedule, the company shall seek the views of the master, and the master shall seek, and convey to the company, the views of: a) the ships safety committee; or b) the seamen or their representatives. 5) Subject to sub-Article (6) hereof, a schedule complies with this Article where: a) it sets out the hours of work for: 1. masters and seafarers whose work includes regular watchkeeping duties or ship handling; and 11. the ship's chief engineer, chief officer and second engineer officer, u1. young seafarers in the deck, engine room and catering departments assigned to Watchkeeping, so as to provide that they do not work more hours than is safe in relation to the safety of the ship and the master's and seamen's performance of their duties; b) it specifies the maximum period of continuous watchkeeping, the minimum rest period between watches, and the total daily. weekly and monthly hours of work; and c) it provides a minimum of ten hours of rest in any 24-hour period, which may be divided into no more than two periods, one of which shall be at least six hours in length. 6) Notwithstanding the provisions of sub-Article (5)(c) hereof, the minimum period of ten hours may be reduced to not less than six consecutive hours on condition 117 that any such reduction shall not extend beyond two days and not less than seventy hours of rest are provided in each seven day period. 7) The company shall give consideration to the nature of the shipping operation and the voyages to be undertaken in arranging the hours of work at sea and in port. 8) The schedule may be changed by the company, or by an employer who, by virtue of sub-Article (3) hereof, is subject to the duties of the company, on condition that a) other employers, and where necessary the company have been consulted; b) the company or the employer has sought the views of the master on the proposed changes and the master has sought and conveyed to the company the views of persons mentioned in sub-Article (4)(a) or (b) hereof; and c) the schedule as changed complies with sub-Article (5) hereof. 9) The company shall ensure that the schedule is displayed prominently in the crew accommodation for the information of all the seafarers. 10) It shall be the duty of the master to ensure, as far as reasonably practicable, that the hours of work specified in the schedule are not exceeded. 11) The following requirements shall apply with respect to the schedule produced in accordance with sub-Article (1) hereof: a) the company and the master shall maintain on the ship a copy of the schedule, and a record of all deviations from its requirements; b) i) the company for the time being shall ensure that a copy of the schedule and of the record of all deviations from its requirements are preserved for five years from the date the schedule was introduced, and that they are available for inspection by the Registrar of Seamen, or a surveyor, or an inspector appointed the Minister. ii)where during the five-year period there ceases to be a company in relation to the ship, the duty to preserve the copies of the schedule and of the record shall remain with the last such company; and c) the master shall give to every seaman a copy of the schedule pertaining to that seafarer, which copy shall be signed by the master or a person authorised by the master, and by the seaman. 12) Musters, fire-fighting and lifeboat drills shall be conducted in a manner that minimises the disturbance of the rest periods and does not induce fatigue. 13) Where a seafarer is on call, such as where a machinery space is unattended, an adequate compensatory rest period shall be given to such seafarer where the normal period of rest is disturbed by call-outs to work. 118 14) In this Article and in Article 33, "schedule" means the schedule of duties referred to in sub-Article (1) hereof. Article 36. Exemptions for Emergencies 1) The requirements for rest periods specified in Article 34(5)(c) and (6) of these Regulations need not be maintained in case of any emergency, including giving assistance to other ships or persons in distress at sea, or drill or in other overriding operational conditions. 2) Without prejudice to the generality of sub-Article ( 1) hereof, a master of a ship or seaman may participate in a navigational, engine room or machinery watch although he has not had the rest period provided by the schedule produced in pursuance of the provisions of Article 34 of these Regulations, and the master may exceed, and a seafarer may be required to exceed, the schedule's work or duty periods, when. in the opinion of the master, it is necessary to meet an emergency threatening the safety of the ship or the life of any person or threatening damage to the environment, until the emergency is over. 3) As soon as practicable after the emergency is over, the master shall ensure that any seamen who have performed work in a scheduled rest period are provided with an adequate period of rest. 4) When in pursuance of sub-Article (1) hereof the master or a seaman has worked within a rest period provided for by the schedule, his name shall be entered in the record required to be maintained by Article 32( 11 ), together with the reason why he so worked. Article 37. Duty to Carry Copy of Regulations There shall be carried on board every Eritrean ship to which these Regulations apply a copy of Parts V and VI of these Regulations. Article 38. Failure to Comply With Provisions Relating to Hours of Work and Rest I) Where the records or other evidence indicate a failure, on the part of any person concerned, to comply with the provisions of these Regulations relating to hours of work and rest, the Department of Maritime Transport shall take such measures it may deem necessary to ensure that such failure to comply is not repeated. 2) The measures referred to in this Article may include a revision of the safe manning requirements. 119 PART VII W ATCHKEEPING Article 39. Watcbkeeping Arrangements l ) The master of any ship shall ensure that the watch.keeping arrangements for the ship are at all times adequate for maintaining safe navigational and engineering watches having regard to Chapter VIII of section A of the STCW Code. 2) Without prejudice to the duties of the master provided by sub-Article ( l) hereof, the master shall give directions to the deck watchkeeping officers responsible for navigating the ship safely during their periods of duty, in accordance with Part 3-1 of section A-VIIl/2 of the STCW Code and any requirements specified in the Ninth Schedule to these Regulations. 3) The chief engineer officer of any ship shall ensure that the engineering watchkeeping arrangements for the ship are at all times adequate for maintaining a safe watch, in accordance with Part 3 - 2 of section A-VIIl/2 of the STCW Code, and when deciding the composition of the watch the chief engineer officer shall observe the principles set out in Part 3 - 2 of that section and the requirements specified in the Ninth Schedule to these Regulations. Article 40. Watching Arrangements in Port The master of any ship which is safely moored or safely at anchor under normal circumstances in port shall arrange for an appropriate and effective watch to be maintained for the purposes of safety. Such arrangements shall be in accordance with Part 4 of section A-VII.I/2 of the STCW Code and any operational guidance specified in the Ninth Schedule to these Regulations. Article 41. Watchkeeping Arrangements in Ports for Ships Carrying Cargo l) The master of any ship which is carrying hazardous cargo and which is in port, even when safely moored or safely at anchor, shall in addition to any watchkeeping arrangements required under Article 39 of these Regulations, in the case of: a) a ship carrying hazardous cargo in bulk ensure that a safe deck watch and safe engineering watch are maintained by the readily availability on board of a duly qualified officer or officers, and where appropriate, ratings; and b) a ship carrying hazardous cargo other than in bulk, ensure that in organising safe watchkeeping arrangements he takes account of the nature, quality, packing and stowage of the hazardous cargo and of any special conditions on board, afloat and ashore. 2) Such watchkeeping arrangements shall take full account of the principles and requirements specified by the Director-General and as provided in the Ninth Schedule to these Regulations. 120 PART VIII MISCELLANEOUS Article 42. Prohibition on the Employment of Young Persons 1) No person under the age of eighteen (18) years shall be employed in any Eritrean ship except- a) upon work approved by the Department on board a" school- ship" or "training ship"; or b) where the Director General, having due regard to the health and physical condition of the person and to the prospective and immediate benefit to him of the employment, certifies that he is satisfied that the employment will be beneficial to him. 2) Notwithstanding the provisions of sub-Article ( 1) hereof, the minimum age to be employed or engaged or work in any Eritrean ship shall bel6 years. 3) No person under the age of eighteen years shall be employed in any capacity in any ship unless there has been delivered to the master of the ship a certificate granted by a duly qualified medical practitioner certifying that such person is fit to be employed in that capacity. 4) Every medical certificate issued under sub-Article (2) of this Article: a) shall be valid for one year from the date of issue, unless earlier revoked; b) may at any time be revoked by a duly qualified medical practitioner if he is satisfied that the person is no longer fit for work. 5) No person under the age of eighteen years shall be employed to work in the engine room of any ship, unless that young person is an apprentice working under superv1s1on. 6) No person under the age of eighteen years shall be employed to work in any part of the ship which could jeopardize his health or safety. 7) No person under the age of eighteen years shall be required to work beyond eight hours a day. Article 43. Carriage and STCW Certificates and Documents Without prejudice to the provisions of Article 26 of these Regulations, the company and the master shall ensure that there are carried at all times on board ship all original ce1tificates and other documents issued pursuant to the STCW Convention indicating the qualification of any member of the crew to perform functions which they are required to perform aboard ship in the course of their designated duties. 121 Article 44. Inspection of Ships I) An authorised person may inspect any ship while in an Eritrean port for the purposes of: a) verifying that all seafarers serving on board who are required to be ce1tificated hold valid appropriate certificates and endorsements or valid dispensations or have provided documentary proof required by regulation II 10, paragraph 5 of the STCW Convention, or where Articles 8( 11) or 31 of these Regulations are applicable, the requirements of those provisions have been met; b) verifying that the numbers and certificates of the seafarers serving on board are in conformity with the applicable safe manning requirements; and c) assessing the ability of the seafarers in the ship to maintain the watchk:eeping standards required by these Regulations where there are clear grounds for believing that such standards are not being maintained because, while in a port in Eritrea or in the approaches to that po1t, any of the following has occurred: 1. the ship has been involved in a collision, grounding or stranding; ii. there has been an unlawful discharge of substances from the ship when undeiway, at anchor or at a berth; 111. the ship has been manoeuvred in an erratic or unsafe manner, or navigational course markers or traffic separation schemes have not been followed; or 1v. the ship has otheiwise been operated in such a manner as to pose a danger to persons, property or the environment. 2) Where an authorised person finds on inspection any deficiency of a kind specified in sub-Article (3) hereof he shall notify in writing the master of the ship and in the case of a ship which is not an Eritrean ship, the nearest maritime consular or diplomatic representative of the flag state. 3) Deficiencies referred to in sub-Article (2) hereof are: a) a failure of any seaman required to hold an appropriate certificate, to have a valid appropriate certificate, an endorsement, or a valid dispensation; b) a failure of any seafarer to produce the documentary proof required by Regulation I/IO, paragraph 5 of the STCW Convention, or where Article 7(11) of these Regulations is applicable, the requirements of that provision have not been met; c) a failure to comply with the applicable safe manning requirement; 122 d) a failure of navigational or engineering watch arrangements to conform to the requirements specified for the ship by the competent authority of the country in which the ship is registered; e) an absence on a watch of a person qualified to operate equipment essential to safe navigation, safety radio communications or the prevention of marine pollution; f) an inability of the master to provide adequately rested persons for the first watch at the commencement of a voyage and for subsequent relieving watches. 4) The certificates, endorsements and dispensations referred to in sub-Article (1) hereof shall be accepted by the authorized person carrying out the inspection unless there are clear grounds for believing that a certificate has been fraudulently obtained or that the holder of a certificate is not the person to whom that certificate was originally issued. 5) This Article applies to an Eritrean ship wherever it may be. Article 45. Power to Detain l) In any case where it is found : a) in relation to an Eritrean ship, that there is any contravention of these Regulations; or b) in relation to a non-Eritrean ship, that there is: 1. any contravention of Articles 30, 39, 40 or 41 of these Regulations; or u. a failure to correct a deficiency of a kind specified in Article 43(3) after notification to the master pursuant to Article 43(2), and there is in consequence a danger to persons, property or the environment, the ship may be detained, and in case the ship has been allowed to proceed to a nearby port for supplies or repairs to correct any deficiency, the administration of the relevant state shall be informed accordingly. 2) The Department of Maritime Transport shall promptly report to the Secretary- General the facts concerning the detention of a ship pursuant to this Article. Article 46. Parity of Treatment of STCW Ships and Non STCW Ships Articles 44 and 45 of these Regulations shall be applied as may be necessary to ensure that no more favourable treatment is given to non-STCW ships than to STCW ships. 123 Article 47. Provisions of Information on Certificates 1) The Department of Maritime Transport s hall make available information on the status of such certificates, endorsements and dispensations as are referred to in Article I 9(4) of these Regulations, to the authorities of other STCW countries and companies who request verification of the authenticity and validity of certificates produced to them by seafarers seekin g recognition of their certificates or for employment on board ship. 2) The Department of Maritime Transport may request from the authorities of other STCW countries information on certificates, endorsements and dispensations issued by them, where such certificates, endorsements and dispensations are produced to the Department of Maritime Transport by seafarers seeking recognition of their certificates under Article 7 of these Regulations or for seeking employment on board Eritrean sea-going ships or by seafarers serving on board non-Eritrean ships operating in Eritrean waters. Article 48. Fees Rates of fees (payable to the Government of Eritrea) for the services rendered under these Regulations shall be made in accordance with the tariff book as prescribed by the Department. Article 49. Exemption The Director-General may grant, on such terms, if any, as be may specify, exemptions from all or any provisions of these Regulations for classes of cases or individual cases. Article 50. Effective Date These Regulations shall enter into force as of the date of their publication in the Gazette of Erirrean Laws. Dane at Asmara, this 15 th day of September, 20 I 0 Government of Eritrea. 124 FIRST SCHEDULE (ARTICLE 6) REVALIDATION OF CERTIFICATES 1. Applicants for Revalidation (1) Seafarers with 12 months seagoing service within the last 5 years must - 1. meet the minimum prescribed standards of medical fitness; 11. establish continued professional competence in accordance with Section A-1/11 of the STCW 95 Convention by having performed, during their period of seagoing service, functions appropriate to the level of certification held; and 111. meet such other requirements as may be prescribed by the Department of Maritime Transport pursuant to the issuing of certificates of competence. (2) Seafarers who have performed functions considered to be equivalent to the seagoing service of 12 months within the last 5 years, namely- marine pilots; 11 masters, Deck Officers and Engineering Officers servmg onboard tugs; 111 officers serving onboard auxiliary vessels such as navigational aids tenders; seismic, oceanographic and hydrographic survey vessels; marine research vessels and training vessels must meet the following criteria - (a) the minimum prescribed standards of medical fitness; (b) establish continued professional competence in accordance with Section A-1/11 of the STCW 95 Convention, by having performed, during the period, functions appropriate to the level of certification held; and (c) such other requirements as may be prescribed by the Department of Maritime Transport pursuant to the issuing of certificates of competence; (3) Seafarers who have less than 12 months seagoing service within the last 5 years must pass a test approved by the Department of Maritime Transport. (4) Seafarers who do not have any seagoing service within the last 5 years must successfully complete a programme of study approved by the Department of Maritime Transport. 125 (5) Seafarers who are employed ashore within the maritime industry and have been performing functions appropriate or relevant to their certificates of competence namely: maritime lecturers; u maritime surveyors; m maritime administrators; who do not have 12 months seagoing service within the last 5 years must meet the following criteria; (a) the minimum prescribed standards of medical fitness; and (b) complete a period of approved seagoing service of not less than 3 months in a supernumerary capacity, or in a lower officer rank / capacity than that for which their certificate of competence is valid.

2 Special Training Requirements Every Master, Officer and Radio Operator serving onboard seagoing ships and in capacities or functions for which special training requirements have been internationally agreed upon, including tankers and ro-ro ships, will only have their certificates, endorsements and recognition revalidated by the Department of Maritime Transport provided that they have successfully completed the relevant training pertaining to- ( I) emergency functions; (2) operational safety functions; (3) medical care functions; (4) survival functions.

3 STCW 78 Certificates to STCW 95 Standards (1) Applicants for revalidation who are holders of certificates issued under the STCW 78 Convention are required to have completed the relevant approved refresher or updating courses prescribed by the Department of Maritime Transport in order to be revalidated according to the STCW 95 standards. (2) All applicants for revalidation who are required to undertake updating or refresher courses shall apply to a Training Institute for such training and provide to the Department of Maritime Transport on application the relevant documentary evidence attesting successful completion of such approved courses. 126 LI

SECOND SCHEDULE (ARTICLE 7(5)) FORM OF ENDORSEMENT ATTESTING THE RECOGNITION OF A CERTIFICATE ENDORSEMENT ATTESTING THE RECOGNITION OF A CERTIFICATE UNDER LEGAL NOTICE N0.118/ 2010 GIVING EFFECT TO THE INTERNATIONAL CONVENTION ON STANDARDS OF TRAINING, CERTIFICATION AND WATCH-KEEPING FOR SEAFARERS, 1978 I (Official Seal) AS AMENDED IN 1995 The Government of ..................... certifies that Certificate No ....... . issued to ....................................................... by or on behalf of the Government of ........................................ is duly recognised in accordance with the provisions of Regulation l/ 10 of the above Convention, as amended, and the lawful holder is authorized to perform the following functions, at the levels specified, subject to any limitations indicated w1til ....................................... or until the date of expiry of any extension of the validity of this endorsement as may be shown overleaf. FUNCTION LEVEL LIMITATIONS APPLYING (IF ANY) I The lawful holder of this endorsement may serve in the following capacity or capacities specified in the applicable safe manning requirements of the Department of Maritime Transport: CAPACITY LIMITATIONS APPLYING (IF ANY) Endorsement No ............................ .. . .. lssued on ..................................................... . (Official Seal) Signature of duly authorized official Name ofduly authorized official Photograph of holder The original of this endorsement must be kept available in accordance with Regulation I/2, paragraph 9 of the Convention w hile serving on a ship. Date of birth of the holder of the certificate .......................................................................... . Signature of the holder of the certificate ............................................................................... . ,, 128 The validity of this endorsement is hereby extended until .................................. . ( Official Seal) Signature of duly authorized official Date of revalidation ................................... . Name ofduly authorized official The validity of this endorsement is hereby extended until .................................. . ( Official Seal) Signature of duly authorized official Date ofrevalidation ................................... . Name ofduly authorized official The validity of this endorsement is hereby extended until ................................. . ( Official Seal) Signature of duly authorized official Date ofrevalidation ................................... . Name ofduly authorized official The validity of this endorsement is hereby extended until .................................. . (Official Seal) Signature of duly authorized official Date ofrevalidation ................................... . Name ofduly authorized official 129

THIRD SCHEDULE (ARTICLE 8) TABLE OF CRITERIA FOR APPROPRIATE CERTIFICATES Column 1 Column 2 Master and Deck Department Regulation Annexed to the STCW Convention Officer in charge of a navigational watch on Regulation Wl .2. any ship on voyages not limited to near- coastal voyages. Regulation II/2.2. Master or chief mate on a ship of 3000 GT or more. Master or chief mate on a ship of less than Regulation W2.4. 0 3000 GT. Officer in charge of a navigational watch on Regulation W3.4. a ship of less than 500 GT engaged on near- coastal voyages. Master on a ship of less than 500 GT engaged on near-coastal voyages. Regulation II/3.6. Engine Department Regulation Annexed to the STCW Convention Officer in charge of an engineering watch in Regulation III/1 .2. a manned engine room, or designated duty engineer officer in a periodically unmanned engine-room, on a ship powered by main propulsion machinery of 750 kW propulsion power or more. Regulation IW2.2. Chief Engineer officer or second engineer officer in a ship powered by main propulsion machinery of 3000 kW propulsion power or more. Regulation IW3.2. Chief engineer officer and second engineer officern in a ship powered by main p This certificate may be endorsed for service in vessels of 3000 GT or more in the near- coastal area. This certificate may be endorsed, if required, for service in vessels up to 6000 kW in the near-coastal area for those not less than 36 months sea service. " This certificate may be endorsed for service in vessels up to 6000 kW in the near- coastal area. 130 ropulsion machinery of between 750 and 3000 kW propulsion power. Additional categories of certificates may be issued to ease the transition between existing standards and those in the STCW 95. 131

FOURTH SCHEDULE (ARTICLES 9, JO and 20) ISSUE OF CERTIFICATES OF COMPETENCE 1. Candidates seeking to be certificated (in any capacity, function or level) must - (1) provide proof of their identity and nationality; (2) provide proof of the sufficiency of their age; (3) hold a valid certificate of medical fitness (inclusive of sight and hearing tests); (4) have completed the required period of watchkeeping or seagoing service; (5) have successfully completed the required course of compulsory training. In this regard they should provide transcripts from an approved training institution attesting that they have successfully completed the course of study; (6) meet the required standards of competence or have successfully completed the prescribed assessment, as appropriate; (7) provide testimonials as to their character, including sobriety, and a record of suitable experience and satisfactory conduct during the period of seagoing service; and (8) provide a police record from the country in which they have officially resided during the three (3) year period immediately preceding the date of the application. The Department of Maritime Transport may waive this requirement where, within a period of two (2) years immediately preceding the application, a police record had been provided in connection with a previous application for certification. 2. Candidates seeking initial certification as watchkeeping officers are required, in addition to the abovementioned requirements, to produce a training record book, attesting to the fact that they have completed a period of systematic, practical training and experience in the tasks, duties and responsibilities of an officer in charge of a watch. 3. The Department of Maritime Transport will issue certificates of competence only to those candidates who meet the requirements appropriate to the capacity, function and level of responsibility for which they seek to be certificated. 4. Certificates of competence issued by the Department of Maritime Transport shall be in the form specified in the Annex to this Schedule. 5. Any certificate of competence issued by the Department of Maritime Transport must be kept by the lawful holder in its original form onboard the ship on which they are serving. 132 ANNEX CERTIFICATE ISSUED UNDER LEGAL NOTICE N0.I 18 /2010 GIVING EFFECT TO THE INTERNATIONAL CONVENTION ON STANDARDS OF TRAINING, (Official Seal) CERTIFICATION AND WATCHKEEPING FOR SEAFARERS, 1978 AS AMENDED IN 1995 The Government of ............................ ................ certifies that ................................................. has been found duly qualified in accordance with the provisions of Regulation ........................... of the above Convention, as amended, and has been found competent to perform the following functions, at the levels specified, subject to any limitations indicated until ....................................... or until the date of expiry of any extension of the validity of this cc_rti - - -ficate - -- as -may - - be- -- shown .. - overleaf. . - - ----. FUNCTION LEVEL LIMITATIONS APPLYING (lF ANY) I The lawful holder of this certificate may serve in the following capacity or capacities specified in the applicable safe manning requirements of the Department of Maritime Transport: CAPACITY LIMITATIONS APPLYING (IF ANY) Certificate No ............................................. issued on ....... . 133 ( Official Seal) Signature ofduly authorized official Photograph of holder Name ofduly authorized official The original of this certificate must be kept available in accordance with Regulation V2 , paragraph 9 of the Convention while serving on a ship. Date of birth of the holder of the certificate Signature of the holder of the certificate ...... . 134 The validity of this certificate is hereby extended until ..................................... .. (Official Seal) Signature ofduly authorized official Date of revalidation ................................... . Name ofduly authorized official The validity of this certificate is hereby extended until .................................... . ( Official Seal) Signature ofduly authorized official Date of revalidation ................................... . Name ofduly authorized official The validity of this certificate is hereby extended until ( Official Seal) Signature ofduly authorized official Date of revalidation ................................. . Name ofduly authorized official The validity of this certificate is hereby extended until ........................ ........ .. (Official Sea[) Signature ofduly authorized official Date ofrevalidation ................................... . Name ofduly authorized official 135 CERTIFICATE ISSUED UNDER LEGAL NOTICE NO 118/ 2010 GIVING EFFECT TO THE INTERNATIONAL CONVENTION ON STAND ARDS OF TRAINING, CERTIFICATION AND WATCH-KEEPING FOR SEAFARERS, 1978 AS AMENDED IN 1995 The Government of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . certifies that ............................................................................................... has been found du) y qualified in accordance with the provisions of Regulation ........... ..... ........... of the above Convention, as amended, [ to be proficient in survival craft and rescue boatsl *other than fast rescue boats] [to serve on tankers] [to serve as navigation/*engine room watch rating} Certificate No .......................... Issued on ..................................................... . ( Official Seal) Signature of duly authorized official Name ofduly authorized official The original of this certificate must be kept available in accordance with Regulation 1/2, paragraph 9 of the Convention while serving on a ship. Date of birth of the holder of the certificate .............................................. . Photograph of Signature of the holder of the certificate ............................................... .. holder 136 FIFfH SCHEDULE (ARTICLE 14) TRAINING AND CERTIFICATION OF OFFICERS AND CREW ON HIGH SPEED CRAFT 1. Training Requirements (1) Deck officers serving on High Speed Craft (HSC) are required to hold a Type Rating Certificate (TRC) in addition to a valid deck officer certificate of competency. (2) HSC operators are responsible for ensuring that appropriate training is given to deck officers so that they may qualify for the issue of a TRC. The training required by the HSC Code includes knowledge of the craft's propulsion and control systems, handling characteristics, communication and navigation procedures, intact stability and survivability of the craft. (3) Organizations providing TRC training are required to nominate a person responsible for the training. This person will be designated the Type Rating Instructor (TRI). TRis may be appointed from within the HSC operating organization or from an outside source. Organizations should also nominate another person responsible for the assessment of training to serve as a Type Rating examiner (TRE). Both TRis and TREs should be experienced in the operation of the craft on the route on which they will be instructing and examining, respectively, and be approved by the Director. Under no circumstances will the same person be allowed to work as both TRI and TRE. (4) Engineer officers on HSC are required to be appropriately certificated under the requirements of the regulations but do not require additional type rating certification. (5) On HSC with gas turbine propulsion, engineer officers may hold either: Motor, Steam or Combined certificates of competency. In addition, specified senior engineer officers are required to hold a certificate attesting to the completion of an approved gas turbine training programme for the machinery on their vessel. 2. Issue of Type Rating Certificates (1) After undergoing training with the approved TRI a candidate will be examined by the approved TRE. Where successful, the organization should issue a TRC in the form given in the Annex to this Schedule. The TRC, plus a duplicate copy, should be forwarded, together with a valid medical fitness certificate, to the Department of Maritime Transport. The 137 TRC must specify the craft or class of craft (e.g. 65 metres wave piercing catamaran), and its operational area or routes. (2) Where the Director-General is satisfied that all the requirements have been met he will endorse the TRC for service use. This procedure is required in order to satisfy the requirements of paragraph 18.3.3 of the HSC Code. The Director-General will return the original and keep the duplicate copy for record purposes. (3) Further routes may be added to a TRC after a holder has undergone route familiarization training and performance assessment by the TRE. The organization may issue a new TRC or amend an existing one upon the recommendation of the TRE. In either case, the TRC must be submitted to the Department of Maritime Transport for endorsement of the amendments and recording purposes as above. 3. Revalidation (1) Revalidation of a TRC is required at intervals of not more than 2 years. For revalidation, candidates must be able to show evidence of continuing fitness for service on HSC. They must provide evidence of at least 6 months sea service on HSC in the preceding 2 years or a statement from a HSC operator or other TRC training organization to indicate that the candidate has successfully completed a training programme prior to seeking revalidation. When the issuing organization is satisfied that the revalidation requirements have been met, the TRC should be rev alidated (see reverse side of specimen certificate format in the Annex) and submitted to the Department of Maritime Transport for endorsement and recording purposes as in 2.1 hereof. 4. Ratings and Other Personnel (1) Ratings and other personnel employed on HSC must undergo a training programme appropriate to their duties on board and may be trained solely for HSC service without seagoing experience on other types of ships. Ratings in this category may hold a certificate as a Deck Rating (EDH) limited for service on HSC as appropriate. This limitation will be removed where the holder completes at least 6 months service on a conventional ship. Application for removal of a limitation should be made to the Department of Maritime Transport. 5. Non Sea-going HSC (1) Deck officers on non sea-going HSC should follow a training, assessment and certification system similar to that detailed above. In order to qualify for a TRC, the applicant must be able to demonstrate the skills appropriate to navigational duties in the relevant operational area. 138 ANNEX FORM OF TYPE RA TING CERTIFICATE TYPE RATING CERTIFICATE (to be produced in duplicate and registered) No. (Issuing Organization to allocate) Issuing Organization Address and Contact Details TYPE RATING CERTIFICATE (HIGH SPEED CRAFT) This is to confirm that (full name of candidate) Date of Birth [ ] Discharge Book No. or other national ID [ ] Certificate of Competency (if any) - Class/Regulation [ ] No. [ ] Date of Issue [ ] Issuing Authority [ ] has completed a course of training as required by Chapter 18.3.3 of the International Code of Safety for High Speed Craft, and has passed an examination, including practical tests, commensurate with operational tasks on board the craft and routes detailed below: Name (or Class) of Craft [ ] Type of Craft [ ] Route ................................................................................................................................. ............ . Signature of Issuing Authority Stamp Authorized Representative and Date Department of Maritime Transport Endorsement Capacity AMENDMENTS Details of additional routes Signature Issuing Authority Stamp Authorized Representative and Date Endorsement 139 Reverse side ofSpecimen TRC This certificate is subject to 2 yearly revalidation in accordance with Chapter 18.3.5 of the HSC Code. Confirmation that the certificate has been revalidated is to be confirmed by completion of the table below. REVALIDATION This is to certify that this certificate is valid for a period of two years from the date of issue or last revalidation date. Name and Signature of Issuing Date of Revalidation Official Stamp of Endorsement (Dated) Organization's Issuing Organization Authorized Representative . 140

SIXTH SCHEDULE (ARTICLE 19(4)) RECORD OF CERTIFICATES AND ENDORSEMENTS 1. In implementing the requirement in paragraph 4.1 of regulation 1/9 of the revised STCW Convention for the maintenance of a register of certificates and endorsements a standard database is not necessary provided that all the relevant information is recorded and available. 2. The following items of information should be recorded and available either on paper or electronically in accordance with regulation 1/9, as a minimum: ( l) Status of certificate: ♦ Valid ♦ Suspended ♦ Cancelled ♦ Reported lost ♦ Destroyed with a record of changes to status to be kept, including dates of changes. (2) Certificate details: ♦ Seafarer's name ♦ Date of birth ♦ Nationality ♦ Sex ♦ Preferably a photograph ♦ Relevant document number ♦ Date of issue ♦ Date of expiry ♦ Last revalidation date ♦ Details of dispensations(s) (3) Competency details: ♦ STCW competency standard (e.g. regulation II/I) ♦ Capacity ♦ Function ♦ Level of responsibility ♦ Endorsements ♦ Limitations (4) Medical details Date of issue of latest medical certificate relating to the issue or revalidation of the appropriate certificate. 141

SEVENTH SCHEDULE (ARTICLE 22) NEAR COASTAL VOYAGES 1. The Department of Maritime Transport recognizes, for the purpose of defining Near Coastal Voyages, the following Trade areas - (a) the Unlimited Trading Area; and (b) the Red Sea Trading Area for ships engaged in near Coastal Trade. 2. The Unlimited Trading Area is any area in which voyages, which are not near coastal voyages, are undertaken. 3. The Red Sea Trading Area is the area it provide by the State of Eritrea. 4. "near-coastal voyage" means voyages during which the ship will not proceed more than 600 miles from a designated port of operation and will always remain within 20 miles of a safe haven. It shall also include voyages within the Red Sea, Gulf of Aquaba, Gulf of Suez and extending on the south to the Gulf of Aden not beyond 45 ten-east longitudes. The Department wiJI issue Certificates of Competence specifically for Near Coastal Voyages. 5. "the Red Sea Trading Area" means the Red Sea proper including the Gulf of Suez and Aqaba bounded at the south by the Rhumb line between Ras Si Ane (12 Degrees 8.5 Minutes North, 43 Degree 19.6 Minutes East) and Huns Murad (12 Degrees 40.4 Minutes North, 3 Degrees 30.2 Minutes East. 6. The Department may issue endorsements to suitably qualified seafarers who hold certificates of competence, allowing them to serve, subject to certain restrictions, in stated capacities or levels on near coastal voyages. Such endorsements shall not apply to seagoing service on tankers nor passenger ships. 142

EIGHTH SCHEDULE (ARTICLE 23) ASSESSMENTS 1. Responsibilities of the Department of Maritime Transport (1) The Department of Maritime Transport will conduct assessments, in order to ascertain competence for certification, for all certificates of competence. Candidates wishing to be assessed must submit a duly completed application form along with documentary proof that they have met the requirements listed under paragraphs 1.1 to 1.5 and 1.7 to 1.8 of the Fourth Schedule of these Regulations and the specific requirements for each certificate for which they are applying. (2) The Department of Maritime Transport will nominate a pool of suitably qualified persons who will from time to time be appointed to Boards of Examiners. Such persons must be holders of certificates of competence as Masters or Chief Engineers without restrictions or the professional equivalent, have completed the IMO model Course for Examiners, and had a period of on-the-job training or exposure to maritime examination methods and practices. In this part, "professional equivalent" means appropriate training in related subjects or disciplines at a tertiary level. (3) For each assessment, in each discipline, the Department of Maritime Transport will appoint at least 3 persons to form a Board of Examiners. The Board will comprise of a President who will be from the Department of Maritime Transport and 2 members who will be from the pool of suitably qualified persons. (4) Boards will be structured according to the discipline (deck, engine or radio department) in which the candidates are to be assessed. Such Boards may be appointed for assessments in different classes of certification, but will not be appointed for assessments in different disciplines. (5) The Department of Maritime Transport will maintain a separate data bank of questions and model answers for each class of certification within each discipline. (6) The Department of Maritime Transport will provide a selection of questions, and model answers, to each appointed Board of Examiners for their consideration in formulating assessment papers. (7) The Department of Maritime Transport will, once it has been duly satisfied that the assessment has been properly administered, conducted and evaluated, according to the Board's report, officially notify the candidates of their results and advise those candidates who were unsuccessful of the reasons why they are unsuccessful and any recommendations as to retraining or resitting the assessment. (8) The Department of Maritime Transport will maintain a facility for investigating complaints, which may be preferred by candidates as to the 143 format or content, conduct or evaluation of assessments. All such matters will be referred to the Board of Examiners for them to conduct an investigation and submit a report to the Department of Maritime Transport. This report will then be evaluated and appropriate action taken by the Department of Maritime Transport to address the matter. (9) The Department of Maritime Transpo1t will provide invigilators in sufficient numbers to adequately support each examination. (10) The Department of Maritime Transport will promulgate the timetable detailing the schedule and conduct of examinations and ensure that this information is communicated to the candidates in a timely manner. 2. Responsibilities of Training Institutions ( 1) Training institutions will be required to provide to the Department of Maritime Transport, at least one month before the scheduled dates of commencement of assessments, 3 complete assessment papers and model answers for each class of certification within each discipline to be assessed. (2) In the formulation of questions for these papers, the training institution must ensure that all the required publications, charts, instruments and other material or equipment are serviceable and available in sufficient quantities to support the assessment. Such requirements are to be clearly stated along with the associated serviceability and availability. (3) Training institutions will be required to provide instructors who are versed in the particular subject discipline being assessed, to assist in the invigilation of examinations and to respond to and deal with queries regarding any aspect of the examination, which may be raised by candidates. (4) Training institutions are to maintain records of the course-work, attendance, written and practical work etc., for each student undertaking an approved course of maritime study. Such records are to be made available to the Board of Examiners that may be assessing that particular individual as a candidate for certification, if and when required. (5) Training institutions are to submit to the Department of Maritime Transport a draft timetable for the scheduling and conduct of examinations, at least three months before the tentative commencement of the first examination. 3. Terms of Reference of Boards of Examiners (1) The Board will be responsible for the formulation of assessment papers, and conduct of examinations, and the evaluation of individual papers. Upon completion of all these functions the Board will be required to submit a report to the Department of Maritime Transport. (2) Prior to and during the examinations, the Board will be responsible for ensuring that - 144 the required charts, publications, instruments and other material or equipment are serviceable and available m sufficient numbers to adequately support the examination; 11 the listed candidates for each examination are present and properly accounted for according to the seating and numbering arrangements; m written examinations are conducted as follows:- a the candidates are to be briefed on the general rules, requirements and duration of the examination; b the examination papers are to administered and the examination conducted according to the prescribed rules for the examination; c the examination is to be started and completed on time and within the specified duration; allowances may be made for any unforeseen or unavoidable stoppages or disruptions; d the examination papers are to be collected and properly accounted for on completion of the examination; e the Board may disqualify any candidates who violate the rules of the examination; f the Board may suspend the examination where the members are not satisfied with the existing facilities, support equipment or material or conditions under which the examination is to be conducted and may subsequently make such other arrangements as may be deemed appropriate in order to ensure the proper conduct of the examination; g after the examination, the Board is to ensure that each examination paper is independently evaluated by at least two persons; the first evaluation is to be done by an instructor, versed in the subject or discipline concerned, from the training institution, with the second evaluation being done by a member of the Board. Evaluations will then be compared by the Board and final grades assigned to each paper. Borderline cases are to be reviewed by a member of the Board who hitherto was not involved in the evaluation of that particular paper; h in assigning final grades, the Board is to compare and average the grades of the two independent evaluations. The Board may also take into consideration - 145 b. l the candidate's course-work; or b.2 the candidate's training record book and testimonials of conduct and character during their period of seagoing training; b.3 any other relevant matter concerning the candidate's competence. 146

NINTH SCHEDULE (ARTICLES 30, 39, 40 and 41) SAFE MANNING, HOURS OF WORK AND WATCHKEEPING 1. Safe Manning (1) Introduction a These Regulations place clear responsibilities on companies owning or operating Eritrean seagoing ships, and other ships whilst in Eritrean waters, to ensure that their ships are manned with personnel of appropriate grades who have been properly trained and certificated, and who are in possession of an appropriate certificate or endorsement or have applied for such an endorsement in accordance with Article 5 of these Regulation. b The numbers of certificated officers and certificated and non-certificated ratings must be sufficient to ensure safe and efficient operation of the ship at all times. c All ships of 500 GT or more are required to hold a safe manning document and owners or operators of ships below 500 GT may also be required to hold a safe manning document. d The owner or operator of an Eritrean registered ship is required to make an assessment of the numbers and grades of personnel necessary for safe operation. These should be sufficient to ensure that - the required watchkeeping standard can be maintained and that personnel are able to obtain sufficient rest; n personnel are not required to work more hours than is safe in relation to the safety of the ship; 111 the master and seafarers can perform their duties in accordance with the framework of operational guidance in section A-VIII of the STCW Code; 1v the master and seamen are not required to work such hours or under such conditions which may be injurious to their health and safety. e Proposals based on the assessment should be submitted to the Director who, when satisfied that the proposed manning levels are adequate, will issue a safe manning document. 147 (2) Safe Manning a The responsibility to ensure that ships are safely, sufficiently and efficiently manned rests with the owners and managing operators. Guidance on determining appropriate manning levels is given in STCW Code Annex 2 Chapter II Part B section 2. b In order to avoid possible problems at a later stage, owners and operators are recommended to consult with seafarers or their representatives and the Director-General on their proposed manning when new ships are at the design stage and in advance of registering existing ships in Eritrea. c In the event of any disagreement between the owners and seafarers or their representatives regarding manning levels, the Director-General will consider any views put forward and may require a revision of the manning levels, where so justified. In such cases it may be necessary to arrange for some form of practical demonstration of the ability of the crew to carry out the essential tasks in the context of the principles of safe manning. Similarly, in the event of any change in the equipment, construction or use of the ship, which may affect the safe manning level, the owner or operator should make an application for the issue of a new safe manning document. (3) Specialist Ship Types a Offshore support vessels present special problems because of the diverse nature of their operations and the conditions under which they are required to operate. Owners are particularly reminded of the restrictions placed on working hours under the Regulations and should set manning levels accordingly. b Shipowners and operators must ensure that the master, officers and ratings on tankers, and the master, officers, ratings and other personnel on passenger ships including ro-ro passenger ships have completed the training required by the Regulations which is specified in sections A-V/1 and A-V/2 of the STCW Code. All crewmembers on high-speed craft must have completed the training required under the HSC Code, and masters and officers having an operational role must hold a Type Rating Certificate as required by the HSC Code. On passenger ships generally, the need to handle large numbers of passengers unfamiliar wjth the marine environment must be taken into account in determining manning levels. Personnel should be appropriately trained and certificated and owners and operators must give particularly careful attention to the requirements for minimum numbers of trained crew to take charge of survival craft. (4) Safe Manning Document When the Director-General has agreed to proposals regarding the manning of a particular ship, a safe manning document shall be issued for that ship in a format which complies with the requirements of the SOLAS 148 Convention. It should be retained on board and be available for inspection whenever required by an authorized person. 2. DETERMINATION OF SAFE MANNING LEVELS (1) Principles a The Director-General will consider a ship to be safely manned where the crew includes sufficient officers and ratings with appropriate skills and experience to ensure that the following capabilities are available; these reflect principles in IMO Resolution A.481 (XII), which should be consulted when determining safe manning levels - 1 maintain a safe bridge watch at sea in accordance with regulation VIII/2 of STCW 95, which includes general surveillance of the vessel; 2 moor and unmoor a vessel effectively and safely; 3 operate and maintain effectively all watertight closing arrangements including the ability to mount an effective damage control party; 4 operate and, when practicable, maintain efficiently, all fire equipment and lifesaving appliances provided including the ability to muster and disembark passengers and non-essential personnel; 5 manage the safety functions of a vessel at sea, when not under way; 6 maintain a safe engineering watch at sea in accordance with regulation VIW2 of STCW 95, and also maintain general surveillance of spaces containing main propulsion and auxiliary machinery; 7 operate and maintain in a safe condition the main propulsion and auxiliary machinery to enable the ship to overcome the foreseeable perils of the voyage; 8 maintain the safety arrangements and the cleanliness of machinery spaces to minimize the risk of fire; 9 provide for medical care on board ship; 10 maintain a safe radio watch in accordance with the SOLAS Convention and ITU; regulations, as amended; 11 maintain the precautions and safeguards necessary to protect the marine environment. 12 maintain safety in all ship operations whilst in port. 149 (2) Establishing Safe Manning Requirements a The Department of Maritime Transport requires all ships to be sufficiently and efficiently manned for their safe operation, having regard to the nature of their work and their location. To ensure safe and efficient operation, a minimum level of manning should be determined. To make that assessment, owners and operators should take account of the following factors - 1 the length and nature of voyage and trading area; 2 any special requirements of the trade involved; 3 number, size (kW) and type of main propulsion units and auxiliaries; 4 size of ship (GT); 5 construction and technical equipment of ship; b In conjunction with these factors, the IMO principles of safe manning (see paragraph 2.1) and the need to ensure that personnel do not work more hours than is safe, the owner or operator should - identify all the functions to be undertaken on board during a representative voyage; 2 identify the skills and expenence required to perform those functions; 3 identify those functions in normal operations, which need to be undertaken concurrently; 4 determine the minimum numbers of personnel required to undertake concurrent operations safely; 5 establish working arrangements, including - in accordance with regulation 13 of Chapter V of the SOLAS Convention - the establishment of a working language on a passenger ship, to ensure the master and crew are capable of undertaking concurrent and continuing operations with respect to their skills and training; 6 ensure that the working arrangements allow for sufficient rest periods to avoid fatigue and draw up work schedules accordingly. 150 (3) Guidance on Appropriate Manning Levels a The Tables annexed hereto provide guidance on the numbers of certificated deck and engineer officers appropriate to different sizes of ships, tonnages and trading areas. As the watchkeeping arrangements for the engineering department and the demands placed on personnel vary significantly according to the level of automation, numbers are not given for engineer officers. These tables only provide guidance; owners and operators must take all relevant factors into account before finalizing their manning proposals. b The number of ratings required will be determined by the factors summarized at paragraph 2.2. Owners and operators should additionally seek to obtain a good balance between skilled and less skilled and between experienced and less experienced ratings. (4) Watchkeeping a The Regulation require the master of any ship to be responsible for the overall safety of the ship. He must also ensure that the watchkeeping arrangements are adequate for maintaining safe navigational watches at all times, including the provision of a lookout as required by the International Regulations for the Prevention of Collisions at Sea 1972, as amended. The chief engineer officer of any ship is required to ensure that the engineering watch arrangements for the ship are adequate at all times for maintaining a safe engineering watch. b The principles applying to the keeping of a safe watch are in section A-VIIJ/2 of the STCW Code and must be followed in order to comply with these Regulations. 3. Hours of Work (1) Working Arrangements Every operator of a ship and employer is obliged to ensure that the master, officers and ratings do not work more hours than is safe in relation to the performance of their duties and the safety of the vessel. The same responsibility is placed on the master in relation to the seafarers. Manning levels should be such as to ensure so far as possible that the time and place available for taking rest periods are appropriate for achieving a good quality of rest. Operators will also want to take into account section B-VIIJ/1 of the STCW Code, which provides further guidance about fitness for duty. 11 Operators are required to ensure that a schedule of duties is produced setting out the hours of work and the rest periods. It should provide that the master, officers and all other seamen do not work more hours than is safe in relation to the safety of the ship. In devising the schedule, operators should take account of factors such as - 151 a trade and type of operation; b type and size of ship; c construction and technical equipment of ship; d manning levels and changes in crew numbers due to crew changes and sickness; e maximum period of continuous watch-keeping; f minimum rest periods; g total workload; h the seriousness of irregular working hours and their contribution to fatigue causation and the importance of scheduling reasonably stable watch-keeping hours over a voyage. m Changes should not be made to the schedule unless they can be justified by substantially altered work patterns made necessary, for example, by a change in trading pattern or other significant factor. Where it is known that a vessel engages in an irregular trading pattern or that working hours are likely to be uniform this can be taken into account and recorded in the schedule. The consultation process referred to in paragraph 3 .2 also applies to changes in the schedule. (2) Consultation Operators of ships are required to seek the views of the master when first drawing up a schedule of duties for a ship or ships. The master of a ship should seek the views of his officers and shall seek and convey to the operator the views of the seafarers or their representatives or a trade union, as appropriate. The final decision on the schedule rests with the operator who will have the responsibility to ensure that the schedule is safe in relation to the safety of the ship and the performance of duties. The master must ensure that, as far as reasonably practicable, the schedule is adhered to. Of course, in an emergency or when unforeseeable events occur, changes may well be unavoidable. Article 34(9) requires that, once a schedule has been completed by the operator, it must be displayed prominently in the crew accommodation on board the vessel for the information of all the seafarers. (3) Records A record of all deviations from the schedule's requirements is to be kept on the ship. Any suitable form of record is acceptable provided that the record is always accessible to those authorized to carry out inspections; the record must be retained for a period of up to five years. There is no need to rewrite the schedule for each voyage so long as it is applicable to the voyage in question and the composition of the crew for whom it was originally intended has not changed. 11 The overriding aim is to ensure that a proper record of agreed work patterns exists on board for the benefit of crew members and inspecting authorities, and that the record may be matched to each 152 individual crew member involved by means of other documents such as the crew list. (4) Exceptions for Emergencies These regulations recognize that situations may arise in which a master or seaman may be required to exceed the schedule's duty periods. These include emergencies, which threaten the safety of the ship or the environment or put life at risk. Where a master or other seaman exceeds the scheduled hours of work in this manner, and has worked during his rest period, his name must be entered in the record required to be maintained, together with the reason for the excess. 4 APPLICATION FOR A SAFE MANNING DOCUMENT (1) Information to be Provided When applying to the Director-General for a safe manning document, owners or operators should submit a clear and concise explanation of how the proposed manning level bas been determined and how it takes account of the guidance in paragraphs 2 and 3 and the hours of work provisions in the regulations. The Director-General will be able to make a quick assessment of the application where the owner or operator can demonstrate that all the factors and principles in those paragraphs have been taken into account. 11 Applications for a safe manning document should be made by the owner or a person authorized to act on his behalf, on a form which is obtainable from the Department of Maritime Transport and which sets out the information required. An appropriate fee is payable with respect to the application. 153

ANNEX I GUIDANCE ON MINIMUM MANNING LEVELS CERTIFICATED DECK OFFICERS TABLE 1: DECK DEPARTMENT UNLIMITED TRADE OFFICER OFFICER STCW GROSS TONNAGE OF SHlP AND MINIMUM RANK GROSS REFERENCE DECK (STCW) TONNAGE OFFICER MANNING PARAMETERS 33000 3500 BUT #500 (STCW) <3000 Master 33000 Reg. II/2 1 --- --- Master 3500 but Reg. II/2 --- 1 I <3000 Chief Mate 33000 Reg. II/2 1 --- --- Chief Mate 3500 but Reg. II/2 --- 1 --- <3000 oow 3500 Reg. II/1 2(a) 1(a) 2(a)(b) NEAR COASTAL TRADE Master 33000 Reg. II/2 1 -- --- Master 3500 but Reg. II/2 --- 1 --- <3000 Master <500 Reg. II/3 -- -- 1 Chief Mate 33000 Reg. II/2 1 --- --- Chief Mate 3500 but Reg. II/2 --- 1 --- <3000 oow 3500 Reg. II/1 l(a) l(a) --- oow <500 Reg. II/3 --- --- 1 OOW - Officer in charge of a navigational watch 3 (Inverted E) = represents Gross Tonnage of Ships (a)= denotes unlimited voyage ships (b) = denotes ships carrying passengers (c) = denotes near coastal voyage ships This requirement may be reduced by 1 if the master keeps a watch or where the length of voyage is short enough and the level of port activity low enough to ensure adequate rest for the watchkeepers. The Officer designated as Chief Mate must have at least 6 months experience whilst holding STCW II/1 certification. 154 Additional Notes: All Navigational Watch Ratings are to be qualified in accordance with STCW II/4. The above levels are for guidance only and actual levels will vary according to the type, size, age and trading pattern of the vessel. 155 GUIDANCE ON MINIMUM MANNING LEVELS CERTIFICATED ENGINEER OFFICERS TABLE 2: ENGINE DEPARTMENT UNLIMITED TRADE Officer rank OFFICER STCW ENGINE POWER OF SHIPS IN KlLOWATIS (KW) (STCW) ENGINE REFERENCE AND MINIMUM ENGINEER OFFICER MANNING POWER 33000 3750BUT 3350BUT PARAMETERS <3000 <750 (STCW) Ch. Engineer 33000 Reg. IW2 1 --- --- Ch. Engineer 3750 but Reg. III/3 --- 1 l(b) <3000 2nd. Engineer 33000 Reg. IW2 1 --- --- 2nd. Engineer 3750 but Reg. III/3 --- 1 --- <3000 oow 33000 Reg. IWl 2 2(a) l(c) NEAR COASTAL TRADE Ch. Engineer 33000 Reg. IIJ/2 1 --- --- Ch. Engineer 3750 but Reg. III/3 --- 1 l(b) <3000 - 2nd. Engineer 33000 Reg. III/2 1 --- --- 2nd. Engineer 3750 but Reg. IW3 --- 1 --- <3000 oow 3750 Reg. IIJ/1 2(a) l(a) l(c) OOW - Officer in Charge of an Engineering Watch 3 (Inverted E) = symbolize the Kilowatt of Engine Propulsion (a) denotes unlimited voyage ships (b) denotes ships carrying passengers (c) denotes near coastal voyage ships Number of Engineer Officers holding III/I certification may be reduced by one if the Chief Engineer and 2nd. Engineer keep a watch. Other appropriate certification would be considered, such as Boat Engineer Licence Grade 1 or equivalent. Other appropriate certification would be considered, such as Boat Engineer Licence Grade 2 or equivalent. 156 Additional Notes: All Engine Room Watch Ratings are to be qualified in accordance with STCW III/4, except for vessels of <750 kW main engine power, in which case STCW IIV4 certification is recommended. The above levels, which are based on manned engine room arrangements, are for guidance only and actual levels will vary according to the type, size, age and trading pattern of the vessel. Manning of vessels having the UMS notation may carry a lower complement of Engineer Officers, but this will be assessed on an individual basis. 157

TENTH SCHEDULE (Regulation (29) FORM OF DISPENSATION DISPENSATION ISSUED UNDER LEGAL NOTICE N0.118/2010 GIVING EFFECT TO THE INTERNATIONAL CONVENTION ON STANDARDS OF TRAINING, CERTIFICATION AND ( Official Sea!) WATCHKEEPING FOR SEAFARERS, 1978 AS AMENDED IN 1995 The Government of ..................... certifies that .................................................. who is the holder of Certificate No....................... issued by or on behalf of the Government of ......... .. ........... ....... is duly dispensed in accordance with the provisions of Article of the above Convention, as amended, and the lawful holder is authorized to perform the following functions, at the levels specified, subject to any limitations indicated until .. ............... ... .. ... ... ....... .. .. on board the SHIP ~,..y ✓- <:::, ~ ............................................... IMO No .............................. . ""5- FUNCTION LEVEL LIMITATIONS APPLYING (IF ANY) IO.-\_ V 158 The lawful holder of this endorsement may serve in the following capacity or capacities specified in the applicable safe manning requirements of the Authority: CAPACITY LIMITATIONS APPLYING (IF ANY) Endorsement No. ... issued on (Official Seal) Signature of duly authorized official Photograph of Name ofduly authorized official holder The original of this dispensation must be kept available in accordance with Regulation I/2, paragraph 9 of the Convention while serving on a ship. Date of birth of the holder of the certificate Signature of the holder of the certificate 159