1 The Maritime Safety Committee (the Committee),
at its eighty-third session (3 to 12 October 2007) noted the
draft amendments to the STCW Convention and the STCW Code
prepared by the STW Sub-Committee, at its thirty-eighth session
(22 to 26 January 2007), with a view to including therein, inter
alia, provisions with respect to security-related training
and familiarization training for shipboard personnel without
and with designated security duties. The Committee also considered
the recommendations of the STW Sub-Committee for the dissemination
of related elements of the draft amendments as guidance on
the corresponding provisions of the ISPS Code so
as to enhance maritime security and encourage consistent and
harmonized implementation of SOLAS chapter
XI-2 and the ISPS Code.
2 The Committee recalled that the current plan
was to adopt the aforesaid amendments at a future date as part of
the comprehensive review of the STCW Convention and the STCW Code
presently undertaken by the STW Sub-Committee. It would therefore
be advisable to provide information to SOLAS Contracting Governments
and STCW Parties on the direction that issues related to the training
and familiarization for shipboard personnel were expected to take,
so as to enable them to adjust their national requirements,
programmes and practices, thus ensuing convergence. The
Committee agreed that such an approach, in turn, would also
ensure the smooth introduction of, and transition to, the envisaged
new requirements.
3 The Committee also agreed that, if Governments
were to endeavour to align their requirements with those envisaged
in the draft amendments, it would be reasonable to expect that shipboard
personnel would encounter less difficulties in the recognition and
acceptance of their training and experience acquired prior to the
entry into force of the contemplated amendments.
4 As a result the Committee approved Guidance
on security-related training and familiarization training for
shipboard personnel (the Guidance), as set out in annex.
5 The Committee agreed that:
-
.1 the sole purpose of the Guidance was to assist
SOLAS Contracting Governments in the implementation of the provisions
of ISPS Code, section A/13.3, and
paragraphs B/13.3 and B/13.4;
-
.2 the Guidance does not establish any basis on
which those exercising either control and compliance measures pursuant
to the provisions of SOLAS regulation
XI-2/9; or control pursuant to the provisions of STCW article X or STCW regulation I/4; may request or require the production
of documentary evidence attesting that shipboard personnel are
meeting the requirements outlined in the Guidance; and
-
.3 the Guidance does not establish any basis
on which a SOLAS Contracting Government may require shipboard
personnel serving on board ships entering ports located in
its territory to meet the requirements outlined in the Guidance.
6 The Committee also reaffirmed the advice given
on the issue of training and certification, during its seventy-seventh
session (28 May to 6 June 2003), namely that as an interim measure,
the International Ship Security Certificate should be accepted
as prima facie evidence that training had been conducted
in accordance with the ISPS Code. The flag
State was responsible for deciding how that training was to
be conducted, and if any additional certification was required.
If a port State control inspection detected a lack of training,
further action could be taken.
7 SOLAS Contracting Governments are invited to
bring the Guidelines to the attention of all parties concerned with
matters addressed therein.
8 SOLAS Contracting Governments, international
organizations and non-governmental organizations with consultative
status which encounter difficulties with the implementation of the
Guidance should bring, at the earliest opportunity, the matter to
the attention of the Committee for consideration of the issues involved
and decision on the actions to be taken.