Date: 2022-07-13Category: MS NoticeState: Union GovernmentCountry: India
Clarification on MSN 04 of 2022 dated 04.04.2022 regarding Continued Professional Competence of Seafarers in possession of Certificate of Competency (CoC) of nautical discipline.
**Executive Summary**
Merchant Shipping Notice No. 07 of 2022, dated July 13, 2022, provides clarification on MSN 04 of 2022 concerning the continued professional competence of seafarers holding Certificates of Competency (CoC) in the nautical discipline. The notice addresses queries regarding seminar delivery methods, approval requirements, the definition of "company," seminar providers, duration, applicability, participant limits, seminar content, and frequency. This notice clarifies existing rules to facilitate compliance.
**Key Points / Main Content**
* **Seminar Delivery:**
* Seminars required by MSN 04 of 2022 may be conducted online.
* **Approval Requirements:**
* The Directorate does not need to separately approve updates provided to the ship.
* MSN 04 of 2022 formalizes the mechanism for providing information on continued professional competence.
* **Definition of "Company":**
* Refers to the ship owner or any entity (manager, bareboat charterer) assuming responsibility for ship operation, including STCW Convention duties.
* **Seminar Providers:**
* RPSL companies may conduct seminars only if they meet the definition of "company" under MS (STCW) Rules, 2014.
* ICCSA, as a professional body of coastal vessel owners, may conduct seminars if they cover the topics and requirements specified in the MSN.
* **Seminar Duration:**
* Seminars should preferably not exceed one day (6-8 hours) to ensure effective seafarer participation.
* **Seminar Applicability:**
* The requirements apply to all Foreign Going (FG) / Near Coastal Vessel (NCV) grade CoC holders in the nautical discipline.
* **Seminar Participant Limits:**
* For online sessions, the number of participants should not exceed 24 due to online platform limitations.
* For offline seminars, participant numbers should allow for effective interaction.
* **Seminar Topics and Syllabus:**
* Topics are to be covered as mentioned in the MSN, including latest developments in shipping, casualty incidents, and changes in international and national instruments.
* **Seminar Frequency:**
* Seafarers must attend two seminars within a five-year period, as stipulated in the MSN.
**Impact Analysis**
**Stakeholder: Seafarers holding Certificates of Competency (CoC)**
* **Impact:** Clarifies requirements for maintaining professional competence, including online seminar options, duration, and frequency of attendance.
* **Action Required:** Attend two seminars within five years and remain updated on maritime regulations and practices.
**Stakeholder: Shipping Companies**
* **Impact:** Defines responsibilities regarding providing updates on regulations, clarifies approval processes, and sets criteria for conducting seminars internally or through RPSL companies.
* **Action Required:** Ensure updates on regulatory changes are available, potentially conduct seminars adhering to duration and participant limits, and verify RPSL companies meet the definition of "company" if engaging them for seminars.
**Stakeholder: Maritime Training Institutes (MTIs)**
* **Impact:** Clarifies that the Directorate does not need to approve updates to the ship, formalized by MSN 04 of 2022.
* **Action Required:** Provide up-to-date information on continued professional competence.
**Stakeholder: RPSL Companies**
* **Impact:** Provides clarification to conduct seminars.
* **Action Required:** Fulfill all the criteria of "company" specified in MS (STCW) Rules, 2014.
**Stakeholder: India Coastal Conference Shipping Association (ICCSA)**
* **Impact:** Clarifies they may conduct seminars.
* **Action Required:** Seminars may be conducted by ICCSA provided it covers the topics and other requirements as mentioned in the MSN.
Key Entities Referenced
Merchant Shipping Notice No. 07 of 2022: Notice clarifying aspects of continuing professional competence for seafarers and seminars, in relation to an earlier MSN.
MSN 04 of 2022: An earlier Merchant Shipping Notice which this notice provides clarifications for.
MS STCW Rules 2014: Indian rules implementing the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, governing seafarer qualifications and training.
Directorate General of Shipping: The issuing authority for this notice and the regulator for maritime affairs in India.
Certificate of Competency (CoC): A qualification required for seafarers.
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DIRECTORATE GENEruTL OF SHIPPING, MUMBAI
No.25-13012i3/2022-NT-DGS
F.
Date: 13.07.2022
discipline - res.
1.
This Directorate has received queries seeking clarifications regarding continued
professional competency requirement as per the MSN 04 of 2022 dated 04.04 .2022 for seafarers
in possession of Certificate of Competency of the nautical discipline. In this regard following is
clarified:
2. Query No. 1- whether the seminar can be conducted onrine?
Clarification - The Seminars as required by MSN 04 of 2022 dated04.04.Z\ZZ,may also
be conducted online.
3.
Query No. 2 - Is it required that MTI conducting this course is approved by DGS?
Clarification - As per sub rule (4) of Rule 14 of MS STCW Rules 2014, it is the
responsibility of the shipping company to ensure that texts of recent changes in national and
international regulations concerning the safety of life at sea, security and the protection of the
marine environment are made available to ships. The said Rules do not require approval of the
Directorate with regard to the updates being provided to the ship. The MSN 04 of 2022 onlv
formalizes this mechanism.
Hence, no separate approval is required for the information on continued professional
competence being provided by the service provider. The aim of such seminars is to provide
information about latest changes and developments taking place in the national and international
maritime sector. The seminars shall be conducted in such a way to provide continued
professional competence to seafarer's knowledge.
4.
Query No. 3 - Define the company with regard to this MSN 04 of 2022
Clarification - As per MS (STCW) Rules 2014:
"Company" meons the owner of the ship or any other organization or person such as the
manager or the bareboat cltarterer, who has assumed the responsibitityfor operation of the ship
from the ship-owner and who, on assuming such responsibility, has agreed to tal@ over all the
duties ond responsibilities imposed on the company by the STCW Convention and these rules,,.
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Query No. 4 - can RPSL company conduct the seminar as per this MSN?
Clarification - RPSL companies cannot conduct such seminars. However, if the RPSL
company fulfills all the criteria of 'ocompany" specified in MS (STCW) Rules, 2014 such
companies may conduct the seminars.
6. Query No. 5 - Can India Coastal Conference Shipping Association (ICCSA)
conduct the seminar as per this MSN?
Clarification - Para 5 of MSN 04 of 2022 dated 04.04.2022, Permits the professional
bodies to conduct the seminars. Since ICCSA is a professional body of coastal vessels owners,
the seminars may be conducted by ICCSA provided it covers the topics and other requirements
as mentioned in the MSN.
7.
Query No. 6 - Is there any specific duration for the seminar that the service provider
is required to comply with?
Clarification - The duration for such seminars shall preferably not exceed 0l day
(approx 06-08 hrs) at a time. This will enable seafarers to participate in the seminar effectively.
8.
Query no.7 - Eligibility and applicability
Clarification - It is applicable for all Foreign Going (FG) /f.{ear Coastal Vessel (NCV)
grade CoC holders of the nautical discipline.
9.
Query no. 8 - What is the number of participants permissible for the seminar?
Clarification - As most of the online platforms currently provide single view in the
screen for about 24 blocks (participants), the total number of participant for online session may
not exceed 24for each session.
Offline seminar being conducted by companies need to consider that the intent is to
update the knowledge of the seafarer with the latest development in shipping.
Hence, the number of participants in such seminar should be limited to the number for which
effective interaction for updating of knowledge can take place.
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Query No. 9 - What are the topics to cover and syllabus of the seminar?
Clarification - Topic to be covered are as mentioned in the MSN. As the purpose of the
said seminar is to enhance the knowledge and make seafarers aware of latest developments in
shipping, it may also include learning from casualty incidents that have taken place and changes
in International and national instruments likely to take place in future.
l.
I Query No. 10 - what is the rnterval between to such seminars?
Clarification - 02 numbers of such seminar are to be attended within a period of 05
years as mentioned in the MSN.
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This is issued with approval of the Competent Authority.
(Capt. Manish Kumar)
Nautical Surveyorcum-DDG(Tech.)