General principles
1 This Guidance is intended to assist Administrations responsible for the issuance of
seafarers' certificates, flag States and port States in the implementation of the
STCW Convention and Code during the COVID-19 pandemic, thereby helping seafarers
and shipowners to obtain the necessary documentation. In particular, the Guidance
contains recommended practices with regard to exceptional measures adopted by
Parties as a consequence of the pandemic.
2 Exceptional measures are defined as temporary measures adopted and implemented by
Parties to the 1978 STCW Convention, which are not expressly
provided in the Convention, and are intended to address the difficulty or
impossibility of performing obligations stemming from the STCW Convention and Code.
3 It is recognized that it has been difficult, if not impossible, to fully implement
the obligations of the STCW Convention and Code during the COVID-19 pandemic, which has severely
affected seafarer travel and social contact. Parties have had to resort to consider
force majeure, whether explicitly or implicitly.
4 Parties to the 1978 STCW Convention and port States have been
advised that they should adopt a practical and pragmatic approach when adopting and
implementing measures deviating from relevant provisions of the STCW Convention and Code.
5 However, it is important that in adopting a practical and pragmatic approach, the
objectives of safety of navigation and protection of the marine environment are
maintained during the pandemic. States should as much as possible follow the
intentions of the STCW Convention and Code and the provisions contained therein. It is recommended
that Administrations consider the potential impacts of particular measures they
adopt.
6 IMO has received numerous communications from Parties outlining the measures they
have adopted on an interim basis. Transparency and, as far as practicable,
predictability are important for all to strive for.
Issuing Administrations
Challenges
7 The COVID-19 pandemic has directly affected Issuing Administrations' ability to
strictly adhere to provisions in STCW regulation I/11 and section A-I/11 of the
Code with regard to revalidation. Medical certificates'
validity has also been extended, sometimes beyond the permitted one-time extension
of up to three months. Furthermore, required training, both practical and
theoretical, has been difficult to carry out.
Guidance
8 Measures adopted by Parties to extend the validity of certificates have in effect
derogated from the requirements. Extensions have varied in length from 3 months to
12 months, often as a function of the circumstances faced by a particular Issuing
Administration. Issuing Administrations should try to implement measures that are in
line with the intention of the relevant provisions. They should continually review
these measures with a view to eventually fully implementing the provisions of the
STCW Convention and Code.
9 The exceptional measures that an Issuing Administration deems necessary to
implement should take into account its administrative capacities, as well as the
needs of flag and port States. The measures adopted should be communicated to the
Secretary-General, as well as to other stakeholders. As regards extensions of
validity, Administrations should consider relevant provisions in the STCW Convention, such as article VIII (Dispensations). The
Secretary-General should communicate information received on such measures to the
STCW Parties.
10 To facilitate continued professional development, remote training may be
considered. This could take the form of online training or e-learning, as
appropriate. It may, however, not be possible to provide training and demonstration
of practical skills in this manner, which should be considered for the revalidation
of certificates.
Communication of exceptional measures
11 Exceptional measures implemented should be communicated to the Secretary-General
as soon as possible, and preferably before they come into effect. This should
include amendments to already adopted and/or implemented measures. Parties should
also communicate to the Secretary-General as soon as possible the date when such
measures will no longer be in effect.
12 Administrations issuing certificates recognized by other Administrations should
promptly notify the measures implemented, consistent with paragraph 1.2 of STCW
regulation I/10.
13 With regard to the revalidation requirements related to sea service, Issuing
Administrations should, as far as possible, comply with the requirements of section
A-I/11 of the STCW Code.
14 Extensions of the validity of medical certificates beyond that permitted by the
1978 STCW Convention should be carefully considered, as this
may also affect the State's implementation of the MLC, 2006, if applicable.
Flag States
Challenges
15 Flag States have faced numerous challenges, in particular the diverse nature of
measures adopted by Issuing Administrations with regard to extensions of
certificates.
Guidance
16 Flag States should continually verify that information on measures adopted is up
to date and current to ensure that its endorsements are not negatively affected.
17 Flag States may consider providing their ships with relevant documentation and
information with regard to any exceptional measures adopted, in order to, inter
alia, assist the master in connection with port State control inspections. Flag
States should make relevant information available to all stakeholders, including
ROs, ship managers and manning agents, as appropriate. The flag State should
consider the most appropriate way of disseminating this information.
Port States
Challenges
18 Port States have faced challenges in obtaining an overview of the array of
measures adopted by Administrations and, following from that, in noticing possible
divergences in validities between endorsements and underlying certificates.
Furthermore, port State regimes have taken a coordinated approach to decide to what
extent the measures adopted were acceptable and not posing a danger to persons,
property or the environment.
Guidance
19 Port States should adopt a pragmatic and practical approach when carrying out
their inspections in light of the pandemic and the difficulties faced by Issuing
Administrations and flag States, in particular with regard to revalidation of
certificates. They should be kept informed of the measures adopted by Issuing
Administrations and flag States. In case of doubt, port States should consult flag
State Administrations to resolve matters as quickly as possible.