Kiri

2448560 0 0 0 -864235 -144145 0 0 Ülle Madise delta_recipientName_1 \* MERGEFORMAT Õiguskantsleri Kantselei delta_recipientEmail_1 \* MERGEFORMAT [email protected] delta_recipientStreetHouse_1 \* MERGEFORMAT Kohtu 8 delta_recipientPostalCity_1 \* MERGEFORMAT 15193, Tallinn Teie delta_senderRegDate \* MERGEFORMAT 07.12.2018 nr delta_senderRegNumber \* MERGEFORMAT 6-2/181561/1805365 Meie delta_regDateTime \* MERGEFORMAT 08.01.2019 nr delta_regNumber \* MERGEFORMAT 1.15-5/2018/153 delta_docName \* MERGEFORMAT Vastus pöördumisele Austatud õiguskantsler Olete pöördunud Majandus- ja Kommunikatsiooniministeeriumi (edaspidi MKM ) ning Veeteede Ameti poole selgitustaotlusega seoses Vabariigi Valitsuse 20. juuni 2013. a määruse nr 96 „Laevapere liikmete koolitus- ja kvalifikatsiooninõuded ning diplomeerimise kord 1 “ § 51 lõige 1 punkti 3 põhiseaduspärasusega. Lisaks palute kaaluda nimetatud määruse muutmist vastavalt Teie poole pöörd u nud avaldaja soovile ning põhjendada määruses kehtestatud nõudeid 3000 -se ja suurema kogumahutavusega laeva kapteni diplomi taotlemiseks. Samuti palute võim a l usel tuua näiteid teiste konventsiooniosaliste riikide tõlgendusest seoses meremeeste väljaõppe, diplomeerimise ja vahiteenistuse aluste rahvusvahelise (edaspidi STCW ) konventsiooni miinimumnõude rakendamisega riigisiseses õiguses. STCW konventsiooni alusel väljastatav 3000-se ja suurema kogumahutavusega laeva kapteni diplom tõendab isiku kõrgeimat kvalifikatsiooni ning annab õiguse juhtida kaptenina laeva sõltumata selle kogumahutavusest. See tähendab, et diplom annab isikule õiguse juhtida ka piiramatute mõõtmetega, oluliselt üle 3000-se kogumahutavusega laevu, sh ka näiteks merematkelaevu ning naftatankereid. Võrdluseks mõnede tuntumate laevade kogumahutavused : reisiparvlaev „Kihnu Virve“ kogumahutavus on 924; reisiparvlaev „Baltic Queen“ kogumahutavus on 48 915 ; konteinerilaev „Emma Maersk“ kogumahutavus on 171 542. Teisisõnu on nõutavate teadmiste, arusaamade ja oskuste tase erinev sõltuvalt sellest, kas diplom kehtib teenimiseks piiramatu kogumahutavusega või 500–3000-se kogumahutavusega laeval. Meresõidupraktika läbimine vastava kogumahutavusega laeval tagab isiku praktilise kogemuse laeva juhtimisel ja käitamisel. Samast põhimõttest lähtudes on sõnastatud ka eelnimetatud määruse § 50, mis reguleerib 3000-se ja suurema kogumahutavusega laeva vanemtüürimehe diplomi saamise tingimusi. Ka selle diplomi üheks eelduseks on 12 kuu pikkune meresõidupraktika samaväärse kogumahutavusega laeval, seejuures ei ole kõnealust praktikanõuet alates 2003. aastast (kuni 1.07.2013. a kehtinud määruse jõustumisest) kordagi muudetud. Kui piiramatu kogumahutavusega laeva kapteni diplomi saamiseks o leks aktsepteeritav 12 kuu pikkune meresõidupraktika kaptenina nt 501-se kogumahutavusega laeva pardal, siis võimaldaks see asuda tööle kaptenina oluliselt suuremal (nt 50 000-se või veelgi suurema kogumahutavusega) laeval. Selliste laevade juhtimine eeldab siiski kõrgemat kvalifikatsiooni, eelkõige laeva käitamiseks vajalikke oskusi (nt manööverdamine erinevatel kiirustel ja ilmastikutingimustes nii avamerel kui kitsal sadama-alal , teadmised laeva püstuvuse nõuetest, laeva ballastimine , laevapere juhtimine jne ), mille eelduseks on omakorda praktiline töökogemus sellise kogumahutavusega laeval. Ilma vajalike oskuste ja piisava töökogemuseta ei ole aga võimalik tagada piisaval määral meresõidu ohutust ja teadlikkust mere keskkonna kaitsest . Määruse kehtiv sõnastus tagab, et laeva kapteni diplomi taotleja vastaks vajalikele pädevusnõuetele ning et Eestis väljastatud meresõidudiplom oleks jätkuvalt aktsepteeritav rahvusvahelisel tööturul. Käesolevast m äärusest välja jäetud tingimus , mis lubas piiramatu kapteni diplomit taotleda ka isikul, kes oli meresõidupraktika läbinud kaptenina laeval kogumahutavusega 500 või enam, oli kehtiv ka enne 2013. a 1. juulit kehtinud määruse nõude (§ 27 ) kohaselt. Siin tuleb aga arvestada, et varem kehtinud määruse järgi ei olnud meresõidupraktika läbimine piisavaks tingimuseks ; lisaks oli kohustuslik läbida täiendusõpe, mis oli taotlejale kulukas ning sageli aeganõudev. Kehtiva määruse jõustumisel 1. juulist 2013. a kohustuslik täiendusõppe tingimus kaotati, eelkõige tähtsustatakse rohkem läbitud meresõidupraktikat. Seda enam on oluline, et meresõidu praktika võimaldaks anda piisavaid praktilisi oskusi vastava kogumahutavusega laeval. Määruse § 51 l õi k e 1 p unkti 3 sõnastuse muutmine täidab seda eesmärki, ehkki mööname, et olnuks korrektne muuta sätte sõnastust oluliselt varem. Oleme konsulteerinud ka mitmete laevandusettevõtete ja meremeeste tööandjatega, nagu seda on TS Laevad OÜ , AS Tallink Grupp , AS Eesti Loots ja Amisco AS ning lisaks ka MTÜ Eesti Kaptenite Klubi esindajatega . Eranditult on kõik eelnimetatud seisukohal, et kõnealune nõue Vabariigi Valitsuse 20. juuni 2013. a määruses nr 96 „Laevapere liikmete koolitus- ja kvalifikatsiooninõuded ning diplomeerimise kord 1 “ § 51 on põhjendatud ja õiguspärane, t oetades nii dipl omi omandanu valmisolekut asuda vastutustundlikule töökohale , kus tööandja ja laevaomanik on selle le isikule kasutada andnud o ma vara ning sellest tulenevalt eeldab inimelude, meresõidu- ja merekeskkonna ohutuse tagamis t ning selleks sobivat ettevalmistust . Palusite kirjeldada, kuidas rakendavad teised konventsiooniosalised riigid nõudeid meresõidupraktikale üle 3000-se kogumahutavusega laeva kapteni diplomi taotlemisel. Esitame näiteid meie lähiriikide – Läti, Soome, Rootsi ja Venemaa – asjaomastest õigusaktidest: Läti valitsuse määruse nr 895 meremeeste diplomeerimise kohta (ingliskeelne tekst lisatud – l isa 1 ) punkt 42.4 sätestab, et kohustuslik on läbida 12 kuu pikkune meresõidupraktika vanemtüürimehena 3000-se või suurema kogumahutavusega laeval, mis ei sõida kohalikus rannasõidus. Soome valitsuse määruse nr 508/2018 § 28 reguleerib merekapteni (3000-se ja suurema kogumahutavusega laeva kapteni) diplomi väljastamist. Selle kohaselt peab diplomi taotleja läbima vähemalt 12 kuu pikkuse praktika rahvusvahe lisi reise sõitval laeval, mille kogumahutavus on vähemalt 3000. Rootsi määruse nr 2011:1533 2. peatüki § 3 sätestab, et meresõidukapteni diplomi saamiseks tuleb läbida 12 kuu pikkune meresõidupraktika vanemtüürimehena 3000-se või suurema kogumahutavusega laeval, mis ei sõida kohalikus rannasõidus. Venemaa Transpordiameti määruse punkti 81 kohaselt juhul, kui isik ei ole läbinud viimase viie aasta jooksul 6 kuu pikkust meresõidupraktikat 3000-se või suurema kogumahutavusega laeval, kantakse laevajuhi (sh kapteni) diplomile piirang, mille kohaselt võib isik olla laevajuht kuni 3000-se kogumahutavusega laeval. Ka nende riikide seadusandluses on selgelt välja toodud nõue läbida kapteni diplomi saamiseks meresõidupraktika 3000-se või suurema kogumahutavusega laeval. Teisisõnu ei ole tegemist erandliku ega liigselt piirava tõlgendusega. Seega ei saa pidada õigeks avaldaja väidet nagu oleks Eesti meremeestel vastava diplomi saamine keerulisem kui teiste riikide meremeestel ning et see mõjutab negatiivselt meie meremeeste konkurentsivõimet. Viitate Eesti Vabariigi põhiseaduse paragrahvidele vaba eneseteostuse (§ 19) ja vaba kutse- ning tegevusala valikule (§ 29) . Samades paragrahvides on ka kirjas, et need õigused on seadusega reguleeritud ning seadus võib sätestada selle õiguse kasutamise tingimused ja korra. Seega ei näe me siin vastuolu põhiseaduses sätestatuga, kuna avaldajale on need põhiõigused igakülgselt tagatud. Lisaks küsisite, kui palju on väljastatud üle 3000-se kogumahutavusega laeva kapteni diplomeid isikutele, kes sooritasid praktika laeval kogumahutavusega kuni 3000. Veeteede Ameti andmetel on v astavaid diplomeid väljastatud 28 . Veeteede Ameti meremeeste diplomeerimise hindamiskomisjoni hinnangul on nende praktika aga näidanud, et laevajuhtide teadmised olid nõrgemad nendes valdkondades, mis puudutasid suurte laevade eripärasid nende ekspluatatsioonis ja juhtimises, sh manööverdamine, püstuvus. Käesolevat analüüsi toetavad Veeteede Ameti seisukohad meresõidupraktika nõuetele, mis on käesolevale kirjale lisatud (Lisa 2). Tulenevalt eelnevast on MKM endiselt seisukohal, et läbitav meresõidupraktika peab toimuma taotletavale diplomile vastava kogumahutavusega laeva pardal. STCW konventsioonis kirjeldatud pädevused põhinevad lisaks teoreetilistele teadmistele ka omandatud praktilistel oskustel. Eesti meremeeste põhiseadusest tulenevad õigused vabale eneseteostusele ja elukutse valikule ei ole kuidagi piiratud. Laevajuhi elukutse on kvaliteetne ja kõrgelt hinnatud ning Eestis välja antud piiranguteta kapteni diplomi omanik on rahvusvahelisel tööturul kindlasti konkurentsivõimeline. Lugupidamisega (allkirjastatud digitaalselt) Ando Leppiman kantsler Lisad: Lisa 1 - Läti valitsuse määrus nr 895 meremeeste diplomeerimise kohta Lisa 2 – Veeteede Ameti seisukohad meresõidupraktika nõuetele Lisaadressaa t : delta_additionalRecipientName_1 \* MERGEFORMAT Veeteede Amet delta_ownerName \* MERGEFORMAT Kadi Saks delta_ownerPhone \* MERGEFORMAT 625 6404 delta_ownerEmail \* MERGEFORMAT [email protected] Reederite ja Eesti Kaptenite Klubi seisukohad From: Eesti Loots - Peeter Sepp [mailto:[email protected]] Sent: Thursday, December 20, 2018 10:37 AM To: Raul Tell <[email protected]> Subject: RE: Palun Teie seisukohta Tere kena päeva, Panen siia kirja minu isikliku seisukoha. Eeldusel, et vanemtüürimees taotleb 3000-se ja suurema kogumahutavusega (ehk piiramatu kogumahutavusega) laeva kapteni diplomit, leian mina, et praegu toimiv süsteem on selleks igati õige ja õigustatud. 500 kogumahutavusega laeva on väga raske võrrelda piiramatu kogumahutavusega laevaga. Seda nii manööveromadustelt kui gabariidi tunnetuselt. Muidugi on täpselt sama olukord ka kui võrrelda 3 000 GT ja 200 000GT laevu aga kuskile tuleb see piir siiski seada siis vähemalt mina leian, et 3000 on selleks suht OK. 500GT on tänapäeva mõistes siiski pigem abilaevastiku mõõde, mitte kommertslaevastikus ülemäära sagedasti ette tulev suurus. Toredat jõuluaega teile soovides! Lugupidamisega, Peeter Sepp AS Eesti Loots Juhatuse liige From: Tarvi-Carlos Tuulik [mailto:[email protected]] Sent: Wednesday, December 19, 2018 4:45 PM To: Raul Tell <[email protected]> Subject: RE: Palun Teie seisukohta Tere! Meie ei näe hetkel mingit praktilist vajadust sellise muudatuse juurutamiseks ja oleme seisukohal, et kehtiv nõue üle 3000 mahutavusega laeval merepraktikaks on asjakohane. Ettevõttes töötab piisavalt üle 3000-tonnise mahutavusega laeva kapteni diplomiga tüürimehi ja isegi neist ei ole kõik piisava kogemuse ja ettevalmistusega asumaks reisilaeva kapteni positsioonile. Palun täpsustage, millise huvigrupi ettepanek see on ning mida soovitakse muudatusega saavutada? Lugupidamisega, TARVI-CARLOS TUULIK JUHATUSE LIIGE OÜ HT LAEVATEENINDUS - AS TALLINK GRUPP SADAMA 5/7, 10111 TALLINN, ESTONIA - TEL: +372 640 9948 MOB: +372 512 3504 [email protected] WWW.TALLINK.COM From: Guldar Kivro [mailto:[email protected]] Sent: Thursday, December 20, 2018 3:04 PM To: Raul Tell <[email protected]>; Jaak Kaabel <[email protected]>; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected] Subject: RE: Palun Teie seisukohta Tere, Meie seisukoht on, et kuna jutt käib kogumahutavusega 3000 ja enam tonni, mis sisuliselt tähendab piiramatut, ja samas käib jutt laevajuhist, kes ei olegi võibolla oma silmaga näinud väga suuri laevu, on teeninud oma praktilised meresõidukogemused 50 meetrise ja 800 tonnise kalalaeva või mõne muu laeva tüübi peal. Kui sellise meresõidukogemusega inimene kandideerib ja saab koha 30 000 tonnisel laeval siis see juba on väga suur oht ja sellist asja ei tohiks seadusandlus võimaldada. Samuti ei ole see õiglane nende suhtes, kes on juba saavutanud 3000 tonnise ja enama laeva Kapteni diplomi. Tervitustega, Guldar Kivro Juhatuse liige Laevandusvaldkonna juht TS Laevad OÜ Sadama 25/2, 15051 Tallinn Mob +372 50 12849 [email protected] www.praamid.ee From: Allan Noor [mailto:[email protected]] Sent: Thursday, December 20, 2018 10:19 AM To: Raul Tell <[email protected]> Cc: [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; Sergei Banatovski <[email protected]>; [email protected] Subject: Re: Palun Teie seisukohta Tere hr. Tell Meie arvamus on , et selline nõuete leevendamine kaptenite osas ei ole asjakohane ja vaatamata laevandusettevõtete poolt teostatavale kandidaatide töökogemuse kontrolli mehhanismidele võib kaasa tuua meresõidu ohutuse vähenemise . Lugupidamisega , Allan Noor Tel +372 680 8000 –––––––––––– Amisco AS Tõnismägi 9, 10119 Tallinn, Estonia www.amisco.ee From: Rein Õnnis [mailto:[email protected]] Sent: Friday, December 21, 2018 8:07 AM To: Raul Tell <[email protected]> Subject: Re: Palun Teie seisukohta Tere! Eesti Kaptenite Klubi toetab arvamust, et 3000 ja suurema kogumahtuvusega laeva kapteni diplomi saamiseks on vajalik meresõidupraktika analoogsel laeval. Ilusat jõuluaega ja õnnerikast uut aastat! Austusega, EKK president kapten Rein Õnnis  Kadri Simson Majandus- ja 04.01.2019 nr 5-1-20/2791 Kommunikatsiooniministeerium [email protected] Nõuded meresõidupraktikale Austatud minister Seoses õiguskantsleri pöördumisega (07.12.2018, kiri nr 6-2/181561/1805365) selgitada nõudeid meresõidupraktikale, esitame Veeteede Ameti seisukoha antud teemal. Oleme jätkuvalt seisukohal, et Vabariigi Valitsuse 20.06.2013 määruse §-s 51 sätestatud nõuded 3000 GT-ga ja suurema laeva kapteni diplomi (edaspidi piiranguteta kapteni diplomi) saamiseks nõutava merepraktika osas on vajalikud, vastavuses „Meremeeste väljaõppe, diplomeerimise ja vahiteenistuse aluste rahvusvaheline konventsioon, 1978, koos muudatustega“ (edaspidi STCW) eesmärgi ja mõtte ning rahvusvahelise praktikaga. Alustuseks märgime, et STCW-st lähtuvalt on laevad kogumahutavuse (GT) alusel jaotatud sisuliselt kolme kategooriasse – väikesed (alla 500 GT), keskmised (500–3000 GT) ja suured (3000 GT ja üle). Võib arutada selle üle, kas antud piirid on konventsiooni osalisriikide poolt seatud õigesti ja kas ei saa põhjendamatult diskrimineeritud meremehed, kes jäävad väljapoole järgmisest kõrgemast kategooriast. Kuid on tõsiasi, et esiteks on selline jaotus STCW-ga sätestatud ja teiseks eksisteerivad erinevused väikeste, keskmiste ja suurte laevade juhtimisel. Erinevused seisnevad muuhulgas näiteks laevade manööverdavuses, püstuvuse tagamises ja sellest tulenevalt laadimis- ja ballastioperatsioonide läbiviimises, laeva juhtimises ja tehnilises ekspluatatsioonis, laevade ohutu ekspluateerimise ja reostuse vältimise korraldamise rahvusvahelisele koodeksi (ISM koodeks) rakendamises, sõidus erinevates meteoroloogiliste tingimustega, jne. STCW ptk I jaotis A-I/1 § 1 sätestab tasandid (juhtimis-, ekspluatatsiooni- ja toetusasandi), mis on samuti olulised faktorid meresõidupraktika arvestamisel. STCW ja Vabariigi Valitsuse 20.06.2013 määruse nr 96 mõistes tähendab ametikoht töötamist vastaval tasandil, täites STCW A-osas § 2 ja eelnimetatud määruse § 9 lg 3 toodud teenistusülesandeid. Järgnevalt selgitame STCW reeglis I/1 p 26 defineeritud merepraktika ja definitsioonis kasutatud mõiste „ship relevant to the issue of a certificate or other qualification“ sisu ja mõtet: Õiguskantslerile esitatud avaldusest nähtuvalt oleks isikud, kes on omandanud meresõidupraktika alla 3000 laeva kaptenina ja selle alusel saanud piiranguteta kapteni diplomi, oodatud juhtima kõiki laevu olenemata nende kogumahtuvusest, sõidurajoonist ja tüübist, kuid tulenevalt Vabariigi Valitsuse määruses sätestatust on nad sellest võimalusest ebaõiglaselt ilma jäetud. Selliste väidetega on avaldaja loonud ebaõige kujutluse rahvusvahelises merenduses valitsevast olukorrast. Praktikas, isegi kui oleks jätkuvalt võimalus 500 kuni 3000 GT-ga laeva peal kogutud meresõidupraktika alusel saada piiranguteta kapteni diplom, ei ole tõenäoline, et reeder usaldaks oma üle 3000 GT-ga laeva juhtimise isikule, kel on ette näidata kogemus vaid alla 3000 GT-ga Valge 4 / 11413 Tallinn / 620 5500 / [email protected] / www.veeteedeamet.ee Registrikood 70002414 laevadelt. Selleks, et olla reederi poolt usaldatud vastavale ametikohale, on vajalik eelnev töö vastava suurusega ja vastavat tüüpi laeval madalamal ametikohal. Ehk praktikas on kriitilise tähtsusega eelnev meresõidupraktika vastaval laeval. Avaldaja poolt on näiteks toodud Inglismaa mereadministratsiooni (MCA) regulatsioon, mis muu hulgas võimaldab meresõidudiplomi omanikul tõendada jätkuvat pädevust ka merepraktikaga üle 80 GT-ga ja üle 24 meetri pikkusel laeval (seejuures STCW ei seosta meresõidupraktikat üldse laeva pikkusega, tegemist on siseriikliku regulatsiooniga). Näiteks toodud regulatsioon ei demonstreeri mitte seda, et antud riigis oleks võimalik näiteks laeval 100 GT kogutud meresõidupraktika järel piiranguteta diplomit saades asuda tööle supertankeril või suurel reisiparvlaeval, vaid seda, et antud küsimus on jäetud reederite otsustada. Lisaks nõuab MCA regulatsioon, et piiranguteta kapteni inglise kinnituslehe saamiseks on vajalik läbida alates 1. jaanuarist 2017 erialane täienduskursus, kui see ei ole läbitud taotluse esitamisest arvestades eelneva 5 aasta jooksul (antud nõudest loobuti Eestis alates 2013 aastast). STCW artikli 5 lõike 3 kohaselt kuuluvad kõik küsimused, mida STCW ei reguleeri, lahendamisele vastavalt osalisriikide õigusaktidele. Meresõidupraktika nõude osas on tegemist sellise küsimusega, kus liikmesriikidele selgeid tegutsemisjuhiseid ei anta ning see tuleb sisustada liikmesriikide siseriikliku õigusega. Siinkohas on kohane meelde tuletada, et STCW kohane väljaõpe koosneb nii omandatud teoreetilistel teadmistel kui omandatud praktilistel kogemustel ja mis omavad võrdset tähtsust. Vastava meresõidupraktika peab olema heaks kiitnud STCW osalisriik (STCW ptk I reegel I/1 1.2). Eelnevast tulenevalt on ka riikide praktika antud küsimuse sisustamisel erinev. Ülalpool on nimetatud MCA praktikat, kus küsimuse sisustamine on jäetud suuremas osas reederile, kuid mereadministratsioon võib vajadusel protsessi mõjutada piirangutega meresõidudiplomi kinnituslehel. Mitmete riikide (näiteks Saksa Liitvabariik, Marshalli Saared1, Vene FV) praktika on selline, et piiranguteta kapteni diplomit on võimalik omandada sõites alla 3000 GT-ga laeval, kuid kinnituslehele2 kantakse piirangud laeva tüübi, sõidurajooni ja kogumahtuvuse, peamasinate efektiivse koguvõimsuse osas, seda lähtuvalt isiku poolt varasemalt läbitud meresõidupraktikast. Vene FV ja Saksa LV ei eristata alla 3000 GT ja piiranguteta kapteni diplomeid, kuid kui meresõidupraktika on läbitud laeval alla 3000 GT, kantakse kinnituslehele piirang selle kohta, et diplom kehtib ainult laevadel alla 3000 GT. Selline lahendus annab mereadministratsioonile laialdase diskretsioonipädevuse, kuid võib viia ka meremehele ebaõiglase lahendini, kuna otsus oleneb taotlust menetleva ametniku subjektiivsest hinnangust (nt kui palju arvestada alla 3000 ja palju üle 3000 GT-ga laevadel läbitud meresõidupraktikat). Seega leiame, et Eestis kehtiv lahendus, mis näeb ette 12-kuulise merepraktika vastava suurusega laeval on objektiivsem, selgem ja välistab ka diplomit taotleva isiku põhjendamatud ootused järgnevate ametikohtade suhtes ja täidab eesmärki, milleks on tagada inimelude ohutus, keskkonna ja vara säilimine merel. 1. Meresõidupraktika läbimine vastava GT-ga laeval tagab laevajuhile praktilise kogemuse laeva käitamisel. Samast põhimõttest lähtudes on sõnastatud ka määruse § 50, mis reguleerib 3000- se ja suurema GT-ga laeva vanemtüürimehe diplomi saamise tingimusi. Ka selle diplomi üheks eelduseks on 12 kuu pikkune meresõidupraktika samaväärse GT-ga laeval. Seega kõik laevajuhid (vahitüürimehed, vanemtüürimehed), kes töötavad üle 3000 GT-ga laeval ja soovivad saada tulevikus piiranguteta kapteniks, omandavad eelnevalt reaalsed meresõidukogemused üle 3000 GT-ga laevadel. Eelnimetaud meresõidupraktika nõuet pole alates 2003. aastast kordagi muudetud ja selle nõude asjakohasuse suhtes pole kunagi küsimusi tekkinud. 1 Republic of the Marshall Islands, „Requirements for Seafarer Certification“ Dec/2017 MI-118. 2 Määrus nr 96 § 33 lg 1 Meresõidudiplomi või kutsetunnistuse kehtivuse meresõiduks määrab kinnitusleht. Kinnitusleht kuulub laeva juhtkonna meresõidudiplomi või kutsetunnistuse juurde ning annab meresõidudiplomi või kutsetunnistuse omanikule õiguse töötada kinnituslehel märgitud vastutustasandile vastaval ametikohal ja õiguse täita kinnituslehel märgitud teenistusülesandeid. /…/ 2  2. Kehtivast määrusest välja jäetud tingimus sisaldus ka enne 01.07.2013. a kehtinud määruse § 29. Seejuures varem kehtinud määrus ei lugenud meresõidupraktika läbimist piisavaks tingimuseks kapteni diplomi saamiseks, lisaks sellele oli vajalik läbida erialane täiendusõpe. Määruse nr 96 jõustumisel 01.07.2013. a erialase täiendusõppe nõue kaotati. Antud leevendus tuleneb STCW reegli I/11 ja jaotises A-I/11 sätestatust, mis võimaldab kvalifikatsiooni tõstmisel jätkuvat pädevust tõendada lisaks erialasele täiendõppe kursusele, teadmiste ja oskuste demonstreerimise eksamile, ka meresõidupraktikaga. Seega omab meresõidupraktika kvalifikatsiooni tõstmisel määravat tähtsust. Määruse jõustumise järel on Veeteede Ameti hindamiskomisjoni praktika näidanud, et laevajuhtidel olid teadmised nõrgemad nendes valdkondades, mis on suurte laevade spetsiifilised, sh manööverdamine, meteoroloogia, püstuvus, suurte laevade ballastimisoperatsioonid, jne. Antud asjaolu ja tagasiside reederitelt olid põhjuseks määruse § 51 lg 1 p 3 sõnastuse muutmiseks. Eesti reederid ja Eesti Kaptenite Klubi on jätkuvalt seisukohal, et antud nõue meresõidupraktika osas on asjakohane ja vajalik (seisukohad lisatud). 3. Palusite kirjeldada, kuidas rakendavad teised konventsiooniosalised riigid nõudeid meresõidupraktikale piiranguteta kapteni diplomi taotlemisel. Esitame näiteid lähiriikide Läti, Leedu, Soome, Rootsi ja Venemaa asjaomastest õigusaktidest: - Läti Vabariigi Valitsuse määrus nr 8953 meremeeste diplomeerimisest sisaldab punkti 42.4, mis sätestab, et on kohustuslik läbida 12 kuu pikkune meresõidupraktika vanemtüürimehena 3000-se või suurema GT-ga laeval, mis ei sõida kohalikus rannasõidus. - Leedu Transpordi- ja Kommunikatsiooniministeeriumi määruse kohaselt peab kapteni diplomi taotleja läbima 12 kuu pikkune meresõidupraktika vanemtüürimehena 3000-se või suurema GT-ga laeval. Lisaks on võimalus taotleda piiranguteta kapteni diplomit ka alla 3000 GT-ga laeva kapteni diplomi omanikul, tingimusel, et nõutavast 12- kuulisest meresõidupraktikast on kuus kuud töötatud üle 3000 GT-ga laeval vanemtüürimehena4. - Soome valitsuse määruse nr 508/20185 § 28 reguleerib merekapteni (piiranguteta kapteni) diplomi väljastamist. Selle kohaselt peab diplomi taotleja läbima vähemalt 12 kuu pikkuse praktika rahvusvahelisi reise sõitval laeval, mille GT on vähemalt 3000. - Rootsi määruse nr 2011:15336 2. peatüki § 3 sätestab, et meresõidukapteni diplomi saamiseks tuleb läbida 12 kuu pikkune meresõidupraktika vanemtüürimehena 3000-se või suurema GT-ga laeval, mis ei sõida kohalikus rannasõidus. - Venemaa Transpordiameti määruse7 punkti 81 kohaselt juhul, kui isik ei ole läbinud viimase viie aasta jooksul 6 kuu pikkust meresõidupraktikat 3000-se või suurema GT-ga laeval, kantakse laevajuhi (sh kapteni) diplomi kinnituslehele piirang, mille kohaselt võib isik olla laevajuht kuni 3000-se GT-ga laeval. 4. Avaldaja poolt viidatud MCA 07.09.2018 (Teie kirjas viidatud kui Suurbritannia Laevaregister) vastuses on märgitud, et puuduvad sätted alla 3000 GT-ga laeva kapteni diplomi otseseks vahetamiseks piiranguteta kapteni diplomi saamiseks. Avaldaja on oodatud piiranguteta kapteni eksamile, kui ta vastab MCA teatises MSN 1856 (M+F) sätestatud tingimustele. Teatise p 3 „Kohustuslikud nõuded kaptenitele ja tekiohvitseridele (piiranguteta)“ alapunktis 3.4 ja lisa A kohaselt on võimalik omandada piiranguteta kapteni diplom piiranguteta vanemtüürimeeste diplomi omanikel. 5. Ülalnimetatud riikide seadusandluses on selgelt välja toodud nõue läbida kapteni diplomi saamiseks meresõidupraktika 3000-se või suurema GT-ga laeval. Teisisõnu ei ole tegemist 3 Regulation No 895 4 https://e-seimas.lrs.lt/portal/legalAct/lt/TAD/TAIS.260776/kFvxuxZTjB 5 https://www.finlex.fi/fi/laki/alkup/2018/20180508 6 https://www.riksdagen.se/sv/dokument-lagar/dokument/svensk-forfattningssamling/forordning-20111533-om- behorigheter-for_sfs-2011-1533 7 http://www.garant.ru/products/ipo/prime/doc/70084664/#ixzz5ZdjaMnsU 3  erandliku ega liigselt piirava tõlgendusega. Lähtudes eeltoodust ei saa pidada õigeks väidet, et Eesti meremeestel oleks diplomi saamine keerulisem kui teiste riikide meremeestel ning et see mõjutab negatiivselt meie meremeeste konkurentsivõimet. Küll aga võib negatiivselt mõjutada Eesti meremeeste konkurentsivõimet ja Eesti Vabariigi mainet pretsedent, kui reeder värbab meremehe, kes diplomi kohaselt peaks olema võimeline juhtima kõiki laevu, kuid praktikas ilmneks, et tal puuduvad igasugused kogemused suurte laevade käitamiseks. 6. Olete küsinud, kui palju on väljastatud piiranguteta laeva kapteni diplomeid isikutele, kes sooritasid praktika laeval kuni 3000 GT. Vastuseks teavitame Teid, et piiranguteta kapteni diplomeid on ajavahemikul 01.01.2008-19.12.2018 Veeteede Amet väljastanud 295, neist 28 isikutele, kes omasid meresõidupraktikat alla 3000 GT-ga laevadel, alates 01.07.2013 on selliseid diplomeid väljastatud 11 isikule (meresõidupraktika alla 3000 GT-ga laevadel ja ilma erialase täiendusõppe kursust läbimata), mis moodustab 3,7% väljastatud piiranguteta kapteni diplomitest. Lugupidamisega (allkirjastatud digitaalselt) Toomas Leetjõe peadirektori asetäitja Lisa: Reederite ja Eesti Kapteni Klubi seisukohad Raul Tell 620 5704, [email protected] 4  Text consolidated by Valsts valodas centrs (State Language Centre) with amending regulations of: 13 November 2007 [shall come into force from November 2007]; 10 June 2008 [shall come into force from 14 June 2008]; 15 September 2009 [shall come into force from 19 September 2009;] 16 August 2011 [shall come into force from 19 August 2011]; 23 April 2013 [shall come into force from 01 May 2013]; 19 January 2016 [shall come into force from 10 February 2016]. If a whole or part of a paragraph has been amended, the date of the amending regulation appears in square brackets at the end of the paragraph. If a whole paragraph or sub-paragraph has been deleted, the date of the deletion appears in square brackets beside the deleted paragraph or sub-paragraph. Republic of Latvia Cabinet Regulation No. 895 Adopted 22 November 2005 Regulations Regarding Certification of Seafarers Issued pursuant to Section 26, Paragraph two of the Maritime Administration and Marine Safety Law Part A. General Provisions 1. Definitions and Scope of Application 1. This Regulation prescribes the procedures and criteria in compliance with which the Registry of Seamen of the State joint stock company “Maritime Administration of Latvia” (hereinafter – the Latvian Registry of Seamen) shall certify seafarers. 2. The following terms are used in this Regulation: 2.1. ARPA – automatic radar plotting aid; 2.1.1 functions – a group of tasks, duties and responsibilities, as specified in the Code of the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978 (as amended) (hereinafter – the STCW Convention), necessary for the provision of ship operation, safety of life at sea and protection of the marine environment (hereinafter – the duties); 2.2. GT – tonnage unit of a ship “gross tonnage” indicated in the tonnage certificate of the ship; 2.2.1 documentary evidence – documentation, other than a certificate of competency or certificate of proficiency, or document certifying proficiency used to establish that the relevant requirements in the STCW Convention have been met; 2.2.2 ECDIS – Electronic Chart Display and Information System; 2.2.3 propulsion power – the total maximum continuous rated output power in kilowatts of all of a ship's main propulsion machinery which appears on the ship's certificate of registry or other official document; 2.3. GMDSS – Global Maritime Distress and Safety System; 2.4. inland waters – waters of the Republic of Latvia from the coast line to the land side (rivers, lakes) and port areas; Translation © 2016 Valsts valodas centrs (State Language Centre)  2.5. rating – a member of the ship's crew other than the master or an officer on a ship; 2.6. limited fishing area – the Gulf of Riga, territorial waters and economic zone of the Republic of Latvia; 2.7. seagoing service – such period of time of work or traineeship on a seagoing ship, which is not a standing ship, which conforms to the qualification of the applicant in accordance with this Regulation (in Part D of this Regulation – also on a fishing vessel, in Part E of this Regulation – also on an inland water vessel and fishing vessel); 2.8. seagoing ship – a ship other than those which navigate exclusively in inland waters or in waters within, or closely adjacent to, sheltered waters or areas where port regulations apply, and which is neither fishing vessel nor warship, nor wooden ship of primitive build, nor recreational ship not involved in commercial activity; 2.9. certificate of competency – a certificate issued by the Latvian Registry of Seamen certifying the conformity of professional qualification of a seafarer with the requirements of the STCW Convention or International Convention on Standards of Training, Certification and Watchkeeping for Fishing Vessel Personnel, 1995 (hereinafter – the STCW-F Convention) and the requirements of the national regulatory enactments in the field of certification of seafarers; 2.10. endorsement of the certificate of competency – a document issued by the Latvian Registry of Seamen to a master, officer or radio operator, certifying the conformity of the seafarer's professional qualification with the requirements of Chapters II, III, IV, VII or Regulation V/1-1 or V/1-2 of the STCW Convention, or a document issued by the Latvian Registry of Seamen to fishing vessel personnel, certifying the conformity of the professional qualification with the requirements of the STCW-F Convention (hereinafter – the endorsement). The validity term and the relevant limitations shall be indicated in the endorsement; 2.10.1 qualification certificate – a document issued by the Latvian Registry of Seamen certifying the conformity of the professional qualification – a certificate of competency, endorsement or a certificate of proficiency, but in Chapters 16 and 23 of this Regulation – also a certificate of competency, endorsement or a certificate of proficiency issued by the competent authority of a foreign country; 2.10.2 ship security officer – the person on board a ship designated by the company and subordinated to the master, who in co-operation with the company security officer and port facility security officer, is responsible for the security of the ship and implementation and maintenance of the ship security plan; 2.11. unlimited fishing area – a fishing area without limitations; 2.12. passenger ship – a seagoing ship which carries more than 12 passengers for commercial purposes, as defined in the International Convention for the Safety of Life at Sea, 1974, as amended; 2.13. self-propelled ship – a ship moving independently; 2.14. near-coastal voyages area – the Baltic Sea, including its gulfs and straits, up to the latitude of Cape Skagen; 2.14.1 document certifying proficiency – a document issued by a maritime educational or training institution, stating that the requirements of Chapter VI of the STCW Convention and national regulatory enactments in relation to training, competencies or seagoing service of seafarers have been met; 2.14.2 certificate of proficiency – a document issued by the Latvian Registry of Seamen, stating that the requirements of Regulations II/4, II/5, III/4, III/5, III/7, V/1-1 and V/1- 2 of the STCW Convention and national regulatory enactments in the field of certification of seafarers have been met; 2.15. officer in charge of an engineering watch – an officer on the ship authorised by the chief engineer officer, ensuring engine-room watch of the ship during specific duty hours or carrying out the duties of the duty engineer on a ship with engine-rooms to be periodically serviced; Translation © 2016 Valsts valodas centrs (State Language Centre) 2  2.16. skipper – a person having command of a fishing boat or vessel and responsible for maritime safety; 2.17. third country – any country which is not a European Union Member State, but which has acceded to the STCW Convention; 2.18. fishing vessel – a vessel used for industrial fishing at sea, with a deck, fixed engine and waterproof bulkheads, length of which is 12 metres or more; 2.19. fishing vessel personnel – master, skipper, officers (mates, engineers and radio specialists) and rating (skilled fishers, seamen, motormen and fishers); 2.20. fishing boat – a vessel without deck to be used for industrial fishing at sea, as well as a fishing vessel of less than 12 metres in length. [23 April 2013; 19 January 2016] 3. This Regulation shall apply to all seafarers wishing to be certified in the Republic of Latvia. 4. Upon certifying seafarers, the Latvian Registry of Seamen shall organise an assessment of the competency of seafarers, granting of a specific qualification or revalidation thereof and issue a certificate of competency, an endorsement of the certificate of competency, a certificate of proficiency or the national certificate of competency, as well as register such certificates and the documents related to the issuance thereof. [23 April 2013; 19 January 2016] 5. [23 April 2013] 6. Certification of seafarers shall be a paid service. The tariffs for certification of seafarers shall be determined in accordance with Section 6, Paragraph two of the Maritime Administration and Maritime Safety Law. 7. The competency assessment of seafarers referred to in Parts B, C and D of this Regulation for granting a corresponding qualification or revalidation of qualification shall be performed by an assessment commission established in accordance with the requirements of Regulation A- I/6, paragraph 6 of the STCW Code (hereinafter – the assessment commission). The Minister for Transport shall approve a list of persons who conform to the requirements of Regulation A- I/6, paragraph 6 of the STCW Code and may participate in the assessment of competency and approval of qualification. The Latvian Registry of Seamen shall establish an assessment commission on the basis of the list of persons approved by the Minister for Transport. 8. The competency of seafarers referred to in Part E of this Regulation for granting a corresponding qualification or revalidation of qualification shall be assessed by a commission approved by the Minister for Transport. The composition of the commission shall include representatives from Rīga, Venstpils and Liepāja harbour master services (hereinafter – the port assessment commission). 2. Database and Quality Standard System [23 April 2013] 9. According to the requirements of Regulation I/2, paragraph 14 of the STCW Convention and Regulation A-I/2, paragraph 9 of the STCW Code, Regulation I/6, paragraph 2 of the STCW-F Convention, the Latvian Registry of Seamen shall process the data of seafarers to be certified and maintain an electronic certification database (hereinafter – the database) and archives. [19 January 2016] 10. The Latvian Registry of Seamen shall keep the following documents in its archive: Translation © 2016 Valsts valodas centrs (State Language Centre) 3  10.1. an application for the receipt of a qualification certificate; 10.2. the assessment protocol; 10.3. a copy of a document certifying education; 10.4. a copy of a document certifying training (if the document is not registered in the database); 10.5. a copy of a document certifying seagoing service (if the document is not registered in the database); 10.6. a copy of the issued qualification certificate; 10.7. a printout of the seafarer's card from the database; 10.8. a copy of the opinion regarding medical fitness of a seafarer for work on a ship (if the document is not registered in the database). [19 January 2016] 11. The Latvian Registry of Seamen shall examine the authenticity and validity of the submitted documents using the database, as well as requesting information from the issuing authorities of documents and competent authorities of other states. In compliance with Regulation I/2, paragraph 15 of the STCW Convention and Regulation I/6, paragraph 2 of the STCW-F Convention, the Latvian Registry of Seamen shall, upon a request, inform the competent authorities and merchants of the Republic of Latvia and foreign countries, which provide recruitment and placement services in manning the ship's crew, regarding the authenticity of the qualification certificate of the seafarer. [13 November 2007; 23 April 2013; 19 January 2016] 12. In compliance with Regulation I/8 of the STCW Convention an internal quality standard system shall be introduced, maintained and independently supervised in the Latvian Registry of Seamen, according to which assessment of the competency of seafarers and certification thereof shall take place. [23 April 2013] 3. General Requirements for a Seafarer [19 January 2016] 13. The following age restriction shall apply to an applicant for the qualification certificate: 13.1. the applicant for the qualification certificate of a master of the ship has reached 20 years of age; 13.2. the applicant for the qualification certificate of a ship's officer or radio operator or the applicant for the qualification certificate of an able seafarer deck, able seafarer engine, electro-technical rating or ship's cook has reached 18 years of age; 13.3. the applicant for the qualification certificate of a rating (except the qualifications referred to in Sub-paragraph 13.2 of this Regulation) has reached 16 years of age. [23 April 2013; 19 January 2016] 14. The applicant for the document certifying proficiency of survival craft and rescue boats or fast rescue boats shall have reached 18 years of age. [23 April 2013] 15. The conformity of the medical fitness of an applicant with the requirements of national and international regulatory enactments shall be certified by a doctor's opinion regarding medical fitness of a seafarer for work on a ship. [23 April 2013] Translation © 2016 Valsts valodas centrs (State Language Centre) 4 15.1 If the seafarer's given name or surname has changed, based on the seafarer's application, the Latvian Registry of Seamen shall issue a new qualification certificate with a new registration number, retaining the term of validity of the previous qualification certificate. [19 January 2016] 15.2 The seafarer shall collect the qualification certificate within one year from the date of issue thereof. After the end of the above mentioned period, the Latvian Registry of Seamen shall destroy the non-issued qualification certificate. [19 January 2016] Part B. Certification of Radio Personnel 4. General Provisions 16. The personnel responsible for radio communication or carrying out radio watchkeeping duties on ships subject to the requirements laid down in Chapter IV of the International Convention for the Safety of Life at Sea, 1974, (hereinafter – the SOLAS Convention) shall be granted the qualification referred to in Sub-paragraphs 20.1, 20.2, 20.3 and 20.4 of this Regulation, and the Latvian Registry of Seamen shall issue a certificate of competency (Annex 1) and an endorsement (Annex 2). The qualification certificate shall certify the conformity with the requirements of Chapter IV of the STCW Code and the Radio Regulations of the International Telecommunication Union, which are annex to the International Telecommunication Convention, 1998 (hereinafter – the Radio Regulations). [19 January 2016] 17. The requirements of Paragraph 16 of this Regulation for the personnel responsible for radio communication on ships not subject to the requirements of Chapter IV of the SOLAS Convention, but equipped with radio installations conforming to the requirements for GMDSS operation, may be reduced and a certificate of competency (Annex 3) may be issued for the qualification referred to in Sub-paragraphs 20.5 and 20.6 of this Regulation, certifying the conformity with the relevant requirements of Radio Regulations. 18. The recognition of a certificate of competency of the radio personnel issued in a foreign country shall be carried out in accordance with Chapter 16 of this Regulation, issuing the endorsement indicated in Paragraph 111 of this Regulation. 19. If the dispensation referred to in Paragraph 38 of this Regulation is issued to the radio personnel, in addition the requirements of Radio Regulations shall be complied with. 19.1 The Latvian Registry of Seamen shall publish CEPT/ERC Recommendation 31-04 (1994) of the European Electronic Communications Committee, as amended, and Recommendation ECC/REC/(10)03 (2010) of the European Electronic Communications Committee, as amended, on the Internet home page of the State joint stock company “Maritime Administration of Latvia” (www.lja.lv). [23 April 2013] 5. Qualification and Requirements for Obtaining Thereof 20. The following qualification shall be granted to the radio personnel: 20.1. GMDSS First-class Radio-electronics Officer – shall conform to the requirements of Regulation IV/2 of the STCW Convention and, according to that specified in endorsement, Translation © 2016 Valsts valodas centrs (State Language Centre) 5 is entitled to carry out the functions of a GMDSS operator on ships in sea areas A1, A2, A3 and A4 in conformity with Radio Regulations; 20.2. GMDSS Second-class Radio-electronics Officer – shall conform to the requirements of Regulation IV/2 of the STCW Convention and, according to that specified in endorsement, is entitled to carry out the functions of a GMDSS operator on ships in sea areas A1, A2, A3 and A4 in conformity with Radio Regulations; 20.3. GMDSS General Operator – shall conform to the requirements of Regulation IV/2 of the STCW Convention and, according to that specified in endorsement, is entitled to carry out the functions of a GMDSS operator on ships in sea areas A1, A2, A3 and A4 in conformity with Radio Regulations; 20.4. GMDSS Restricted Operator – shall conform to the requirements of Regulation IV/2 of the STCW Convention and, according to that specified in endorsement, is entitled to carry out the functions of a GMDSS operator on ships in sea area A1 in conformity with Radio Regulations; 20.5. Long Range Radio Operator – shall conform to the requirements of Radio Regulations and Recommendation ECC/REC/(10)03 (2010) of the European Electronic Communications Committee, as amended, and is entitled to carry out the functions of a GMDSS radio communications specialist on ships not subject to Chapter IV of the SOLAS Convention, but equipped with radio installations conforming to the requirements for GMDSS operation, in sea areas A1, A2 and A3 in conformity with Radio Regulations; 20.6. Short Range Radio Operator – shall conform to the requirements of Radio Regulations and CEPT/ERC Recommendation 31-04 (1994) of the European Electronic Communications Committee, as amended, and is entitled to carry out the functions of a GMDSS radio communications specialist on ships not subject to Chapter IV of the SOLAS Convention, but equipped with radio installations conforming to the requirements for GMDSS operation, in sea area A1 in conformity with Radio Regulations. [23 April 2013] 21. Requirements for an applicant for the qualification of a GMDSS First-class Radio- electronics Officer: 21.1. has completed approved vocational education programme and special GMDSS training programme meeting the requirements of sections A-IV/2 and B-IV/2 of the STCW Code; 21.2. seagoing service – at least six months of work experience in the position of a GMDSS Second-class Radio-electronics Officer on ships equipped with GMDSS radio installations; 21.3. competency meets the requirements of section A-IV/2 of the STCW Code. 22. Requirements for an applicant for the qualification of a GMDSS Second-class Radio- electronics Officer: 22.1. has completed approved vocational education programme and special GMDSS training programme meeting the requirements of sections A-IV/2 and B-IV/2 of the STCW Code; 22.2. seagoing service – at least six months of work experience in the capacity of a radio-electronics officer assistant or radio operator on ships equipped with GMDSS radio installations; 22.3. competence meets the requirements of section A-IV/2 of the STCW Code. 23. Requirements for an applicant for the qualification of a GMDSS General Operator: 23.1. has completed approved ship's navigator or radio operator vocational education programme, certified by the Ministry of Transport, and special GMDSS training programme meeting the requirements of sections A-IV/2 and B-IV/2 of the STCW Code; Translation © 2016 Valsts valodas centrs (State Language Centre) 6  23.2. competency meets the requirements of section A-IV/2 of the STCW Code. 24. Requirements for an applicant for the qualification of a GMDSS Restricted Operator: 24.1. has completed approved ship's navigator or radio operator vocational education programme, certified by the Ministry of Transport, and special GMDSS training programme meeting the requirements of sections A-IV/2 and B-IV/2 of the STCW Code; 24.2. competency meets the requirements of section A-IV/2 of the STCW Code. 25. For the granting of the relevant qualification and receipt of a certificate of competency for work on ships not subject to Chapter IV of the SOLAS Convention, but equipped with radio installations conforming to the requirements for GMDSS operation, an applicant shall acquire a corresponding training programme certified by the Ministry of Transport and: 25.1. take a competency assessment examination at a training centre with a certified training programme for radio operators, in compliance with the requirements of Radio Regulations and Recommendation ECC/REC/(10)03 (2010) of the European Electronic Communications Committee, as amended, in order to receive the qualification and the certificate of competency of a Long Range Radio Operator and work in compliance with the requirements of GMDSS operation in sea areas A1, A2 and A3; 25.2. take a competency assessment examination at a training centre with a certified training programme for radio operators, in compliance with the requirements of Radio Regulations and CEPT/ERC Recommendation 31-04 (1994) of the European Electronic Communications Committee, as amended, in order to receive the qualification and the certificate of competency of a Short Range Radio Operator and work in compliance with the requirements of GMDSS operation in sea area A1. [13 November 2007; 16 August 2011; 23 April 2013] 26. A person who has completed ship's navigator vocational education programme or courses certified by the Ministry of Transport according to the qualification may apply for the qualification of a Long Range Radio Operator referred to in Sub-paragraph 25.1 of this Regulation and qualification of a Short Range Radio Operator referred to in Sub-paragraph 25.2 of this Regulation. [13 November 2007] 27. For the receipt of the certificate of competency confirming the qualification referred to in Sub-paragraphs 20.1, 20.2, 20.3 and 20.4 of this Regulation and an endorsement, the applicant shall, once every five years, successfully complete GMDSS courses for operators certified by the Ministry of Transport and confirm the competency with the assessment commission of the Latvian Registry of Seamen or training centre, in compliance with the requirements of section A-IV/2 of the STCW Code. [13 November 2007; 23 April 2013; 19 January 2016] 28. The applicant shall, once every five years, receive a certificate of competency confirming the qualification referred to in Sub-paragraphs 20.5 and 20.6 of this Regulation, confirming the competency with the assessment commission of the Latvian Registry of Seamen. If the applicant has previously acquired the qualification referred to in Paragraph 20 of this Regulation, he/she is entitled to apply for the qualification referred to in Sub-paragraphs 20.5 and 20.6 of this Regulation without the fulfilment of the requirements referred to in Paragraph 25 of this Regulation, confirming the competency with the assessment commission of the Latvian Registry of Seamen. [13 November 2007; 23 April 2013; 19 January 2016] Translation © 2016 Valsts valodas centrs (State Language Centre) 7  6. Issuance of a Qualification Certificate [19 January 2016] 29. In order to receive a qualification certificate, an applicant shall submit an application (Annex 4) to the Latvian Registry of Seamen, three photographs made according to Annex 16 to this Regulation, and present originals of the following documents (if the applicant is submitting the document to the Latvian Registry of Seamen for the first time or their authenticity has not been verified): 29.1. a personal identification document; 29.2. a doctor's opinion regarding the medical fitness of a seafarer for work on a ship; 29.3. a document certifying vocational education; 29.4. a certificate of GMDSS courses; 29.5 the current certificate of competency and endorsement, if any. [13 November 2007; 23 April 2013; 19 January 2016] 30. In order to issue a qualification certificate to a seafarer in accordance with the procedures laid down in this Part, Paragraphs 80, 100 and 101 of this Regulation shall be applied. [23 April 2013; 19 January 2016] 31. In order to revalidate a qualification certificate of an applicant, he or she shall submit and present the documents indicated in Paragraph 29 of this Regulation to the Latvian Registry of Seamen. [19 January 2016] Part C. Certification of the Personnel of a Seagoing Ship 7. General Provisions 32. Certification of the personnel of a seagoing ship (hereinafter – the ship) in the Republic of Latvia shall take place in accordance with the STCW Convention and the requirements of this Regulation. [15 September 2009] 33. The Latvian Registry of Seamen shall issue a certificate of competency (Annex 1) and an endorsement of the certificate of competency (Annex 2) to the master of a ship and officer carrying out watch functions in compliance with the level of competency laid down in this Regulation. Endorsement shall be issued for a time period up to five years, taking into account the term of validity of the certificate of proficiency and the certificate of proficiency in tankers necessary for the qualification. [19 January 2016] 34. Endorsement shall be issued in accordance with paragraph (2) of Article VI of the STCW Convention. Endorsement shall confirm the conformity of the professional competency of the holder of the certificate of competency with the requirements of the STCW Convention and give the right to fill in a capacity and work on ships of certain type. 35. The Latvian Registry of Seamen shall issue a certificate of proficiency (Annex 5) to a rating applying for the qualification referred to in Sub-paragraphs 41.9, 41.10, 41.11, 55.9, 55.10 or 55.11 of this Regulation. The certificate of proficiency shall be valid for five years. [23 April 2013] Translation © 2016 Valsts valodas centrs (State Language Centre) 8 36. The certificate of competency and the certificate of proficiency shall conform to the requirements of Regulation I/2, paragraph 3 of the STCW Convention and confirm the conformity of the holder thereof with the requirements for seagoing service, age, state of health and mandatory professional training and standards of competency according to the relevant provisions of the STCW Convention. [23 April 2013] 37. The Latvian Registry of Seamen shall issue the national certificate of competency (Annex 6) to an officer on the ship and a rating whose qualification requirements have not been specified in the STCW Convention. The national certificate of competency shall be valid for five years. [23 April 2013] 38. In emergency situations if, according to an opinion of the Maritime Administration of Latvia, it does not cause threat to human life and health, property or the environment, the Latvian Registry of Seamen may, upon receipt of an application of a merchant providing recruitment and placement services in manning the ship's crew or of the owner of a ship, allow the seafarer, for a time period up to six months, fill in such capacity on a ship flying the flag of Latvia, for holding of which the seafarer does not have a qualification certificate. The master and chief engineer officer may be issued such dispensation (Annex 7) only in case of force majeure for as short period of time as possible. [23 April 2013] 39. The dispensation referred to in Paragraph 38 of this Regulation may be issued to a seafarer who according to this Regulation has been certified to fill the capacity immediately below. Where certification of the capacity below is not required, the dispensation may be issued to a seafarer who has proven the conformity of his qualification and experience for the capacity to be filled to the commission for assessment of competency. The owner of a ship shall ensure that the seafarer in question is replaced by the holder of an appropriate certificate as soon as possible. 40. The Latvian Registry of Seamen shall inform the Ministry of Transport regarding certification issues of the personnel of a ship. The Ministry of Transport shall provide information to the International Maritime Organisation (IMO) according to the requirements of Article IV and Regulations I/3, I/7, I/8, I/10 and I/13 of the STCW Convention. 8. Qualification of the Master of a Ship, Deck Officer and Deck Rating Personnel and Minimum Requirements for an Applicant 41. The following professional qualification shall be granted to the master of a ship, deck officer and rating: 41.1. master on ships of 3000 GT or more (deep sea captain) – is entitled to fill in the capacity of a master or any mate on seagoing ships of any gross tonnage; 41.2. master on ships of less than 3000 GT – is entitled to fill in the capacity of a master or chief mate on seagoing ships of less than 3000 gross tonnage or the capacity of an officer in charge of a navigational watch on seagoing ships of any gross tonnage; 41.3. master on ships of less than 500 GT – is entitled to fill in the capacity of a master or mate on ships of less than 500 GT in near-coastal voyages; 41.4. master on ships of less than 200 GT – is entitled to fill in the capacity of a master or mate on ships of less than 200 GT in near-coastal voyages; 41.5. chief mate on ships of 3000 GT or more – is entitled to fill in the capacity of any mate on seagoing ships of any gross tonnage; Translation © 2016 Valsts valodas centrs (State Language Centre) 9  41.6. chief mate on ships of less than 3000 GT – is entitled to fill in the capacity of a chief mate on seagoing ships of less than 3000 gross tonnage or the capacity of an officer in charge of a navigational watch on seagoing ships of any gross tonnage; 41.7. officer in charge of a navigational watch on ships of 500 GT or more – is entitled to fill in the capacity of an officer in charge of a navigational watch on seagoing ships of any gross tonnage; 41.8. officer in charge of a navigational watch on ships of less than 500 GT – is entitled to fill in the capacity of an officer in charge of a navigational watch on ships of less than 500 GT in near-coastal voyages; 41.9. rating forming part of a navigational watch – is entitled to fill in the capacity of a seaman with the right of navigational watch; 41.10 able seafarer deck – is entitled to fill in the capacity of an able seafarer deck or rating forming part of a navigational watch with the right of navigational watch; 41.11. boatswain – is entitled to fill in the capacity of an able seafarer deck, rating forming part of a navigational watch or boatswain with the right of navigational watch; 41.12. ship's cook – is entitled to fill in the capacity of a cook or steward on ships; 41.13. steward – is entitled to fill in the capacity of a steward on ships. [13 November 2007; 16 August 2011; 23 April 2013] 42. Requirements when applying for the qualification – master on ships of 3000 GT or more: 42.1. has acquired accredited vocational education programme, certified by the Ministry of Transport and meeting the requirements of section A-II/2 of the STCW Code, and has completed the training course programme "Competence Updating Courses" certified by the Ministry of Transport, if more than five years have passed since the acquisition of the vocational education programme; 42.2. has obtained qualification – chief mate on ships of 3000 GT or more; 42.3. has obtained the qualification of a GMDSS operator; 42.4. seagoing service – at least 36 months in the capacity of a mate, from which 12 months in the capacity of a chief mate on ships of 3000 GT or more, not engaged on near- coastal voyages; 42.5. competency conforms to the requirements of section A-II/2 of the STCW Code. [13 November 2007; 23 April 2013; 19 January 2016] 43. Requirements when applying for the qualification – master on ships of less than 3000 GT: 43.1. has acquired accredited vocational education programme, certified by the Ministry of Transport and meeting the requirements of section A-II/1 and alleviated requirements of section A-II/2 of the STCW Code and has completed the training course programme "Competence Updating Courses" certified by the Ministry of Transport, if more than five years have passed since the acquisition of the vocational education programme; 43.2. has obtained qualification – chief mate on ships of less than 3000 GT; 43.3. has obtained the qualification of a GMDSS operator; 43.4. seagoing service – 24 months in the capacity of a mate, from which 12 months in the capacity of a chief mate on ships of 500 GT or more; 43.5. competency conforms to the requirements of section A-II/2 of the STCW Code for masters on ships of 500 to 3000 GT. [13 November 2007; 16 August 2011; 23 April 2013; 19 January 2016] 44. Requirements when applying for the qualification – master on ships of less than 500 GT: 44.1. has acquired accredited vocational education programme, certified by the Ministry of Transport and meeting the requirements of section A-II/3 of the STCW Code; 44.2. has obtained qualification – officer in charge of a navigational watch on ships of less than 500 GT; Translation © 2016 Valsts valodas centrs (State Language Centre) 10  44.3. has obtained the qualification of a GMDSS operator; 44.4. seagoing service – 12 months in the capacity of an officer in charge of a navigational watch on a ship of any gross tonnage; 44.5. competency conforms to the requirements of section A-II/3 of the STCW Code. 45. Requirements when applying for the qualification – master on ships of less than 200 GT: 45.1. has acquired accredited vocational education programme, certified by the Ministry of Transport and meeting the requirements of section A-II/3 of the STCW Code; 45.2. has obtained the qualification of a GMDSS operator; 45.3. seagoing service – 12 months at sea on ships in the composition of the deck department, from which at least six months carrying out the bridge watchkeeping duties under the supervision of the master or a mate; 45.4. competency conforms to the requirements of section A-II/3 of the STCW Code. [13 November 2007] 45.1 If the seafarer has a valid ship's navigator certificate issued by the Latvian Registry of Seamen with a reference to section A-II/1 or A-II/2 of the STCW Code, he or she is entitled to receive a qualification certificate with the qualification referred to in Paragraph 45 of this Regulation. The term of validity of this qualification certificate shall not exceed the term of validity of the ship's navigator certificate with a reference to section A-II/1 or A-II/2 of the STCW Code. [19 January 2016] 46. Requirements when applying for the qualification – chief mate on ships of 3000 GT or more: 46.1. has acquired accredited vocational education programme, certified by the Ministry of Transport and meeting the requirements of section A-II/2 of the STCW Code, and has completed the training course programme "Competence Updating Courses" certified by the Ministry of Transport, if more than five years have passed since the acquisition of the vocational education programme; 46.2. has obtained qualification – officer in charge of a navigational watch on ships of 500 GT or more; 46.3. has obtained the qualification of a GMDSS operator; 46.4. seagoing service – at least 12 months in the capacity of an officer in charge of a navigational watch on ships of 500 GT or more, from which at least six months on ships of 3000 GT or more or also 12 months with the qualification of a chief mate on ships of less than 3000 GT, in the capacity of a chief mate on ships of 500 GT or more; 46.5. competency conforms to the requirements of section A-II/2 of the STCW Code. [13 November 2007; 23 April 2013; 19 January 2016] 47. Requirements when applying for the qualification – chief mate on ships of less than 3000 GT: 47.1. has acquired accredited vocational education programme, certified by the Ministry of Transport and meeting the requirements of section A-II/1 of the STCW Code and the alleviated requirements specified in section A-II/2 of the STCW Code, and has completed the training course programme "Competence Updating Courses" certified by the Ministry of Transport, if more than five years have passed since the acquisition of the vocational education programme; 47.2. has obtained qualification – officer in charge of a navigational watch on ships of 500 GT or more; 47.3. has obtained the qualification of a GMDSS operator; Translation © 2016 Valsts valodas centrs (State Language Centre) 11  47.4. seagoing service – 12 months in the capacity of an officer in charge of a navigational watch, from which at least six months on ships of 500 GT or more; 47.5. competency conforms to the requirements of section A-II/2 of the STCW Code for chief mates on ships of 500 to 3000 GT. [13 November 2007; 16 August 2011; 23 April 2013; 19 January 2016] 48. Requirements when applying for the qualification – officer in charge of a navigational watch on ships of 500 GT or more: 48.1. has acquired accredited vocational education programme, certified by the Ministry of Transport and meeting the requirements of section A-II/1 of the STCW Code; 48.2. has obtained the qualification of a GMDSS operator; 48.3. seagoing service – 12 months on ships of 500 GT or more at sea, carrying out the training programme and documenting it in a standard training record book issued by an educational institution, developed by the International Shipping Federation and recommended by the International Maritime Organisation or developed by the Latvian Registry of Seamen (hereinafter – the training record book), or three years in the composition of the deck department on ships of 500 GT or more at sea. During training or work duties of navigational watch under the supervision of the master or a qualified officer in charge of a navigational watch have been carried out for at least six months; 48.4. competency conforms to the requirements of section A-II/1 of the STCW Code. [16 August 2011; 19 January 2016] 49. Requirements when applying for the qualification – officer in charge of a navigational watch on ships of less than 500 GT: 49.1. has acquired accredited vocational education programme, certified by the Ministry of Transport and meeting the requirements of section A-II/3 of the STCW Code; 49.2. has obtained the qualification of a GMDSS operator; 49.3. seagoing service – six months on ships at sea, carrying out the training programme and documenting it in the training record book. During training duties of navigational watch under the supervision of the master or an officer in charge of a navigational watch have been carried out for at least two months, or also three years in the composition of the deck department, carrying out the duties of navigational watch; 49.4. competency conforms to the requirements of section A-II/3 of the STCW Code. [16 August 2011] 50. Requirements when applying for the qualification of a rating forming part of a navigational watch: 50.1. has acquired accredited programme for seamen, certified by the Ministry of Transport and meeting the requirements of sections A-II/4, A-II/5 and B-II/4 of the STCW Code, or has completed two-year studies in the ship's navigator programme or at least 12-month practical training on a ship at sea and has received a positive evaluation of the master of the ship; 50.2. seagoing service – at least two months on ships of 500 GT or more, carrying out the duties of navigational watch under the supervision of a qualified officer in charge of a navigational watch or an able seafarer deck, documenting it in the training record book; 50.3. competency conforms to the requirements of sections A-II/4 and B-II/4 of the STCW Code. [23 April 2013] Translation © 2016 Valsts valodas centrs (State Language Centre) 12 51. Requirements when applying for the qualification of an able seafarer deck: 51.1. has acquired accredited programme for seamen, certified by the Ministry of Transport and meeting the requirements of sections A-II/4, A-II/5 and B-II/4 of the STCW Code, or has completed two-year studies in the ship's navigator programme; 51.2. has obtained the qualification of a rating forming part of a navigational watch; 51.3. seagoing service in the capacity of a rating forming part of a navigational watch – at least 12 months on ships of 500 GT or more, or at least 18 months on ships at sea, from which at least 12 months on ships of 500 GT or more, if education does not conform to the requirements referred to in Sub-paragraph 51.1 of this Regulation; 51.4. competency conforms to the requirements of section A-II/5 of the STCW Code. [23 April 2013] 52. Requirements when applying for the qualification of a boatswain: 52.1. [23 April 2013]; 52.2. has obtained the qualification of an able seafarer deck; 52.3. seagoing service – 12 months in the capacity of an able seafarer deck on ships of 500 GT or more, and a positive evaluation of the master of the ship has been received; 52.4. competency conforms to the requirements of section A-II/5 of the STCW Code. [23 April 2013] 53. Requirements when applying for the qualification of a ship's cook: 53.1. has completed accredited programme for a ship's cook or an equivalent programme; 53.2. seagoing service – four months on ships at sea in the capacity of a steward, and a positive evaluation of the master of the ship has been received; 53.3. competency conforms to the requirements of the standard of profession of a ship's cook and the requirements of section A-VI/1 of the STCW Code. [15 September 2009; 23 April 2013] 54. Requirements when applying for the qualification of a steward: 54.1. has acquired basic education and a training programme certified by the Ministry of Transport regarding hygiene requirements on ships; 54.2. competency conforms to the requirements of section A-VI/1 of the STCW Code and sanitary norms. [23 April 2013] 9. Qualification of and Minimum Requirements for the Ship's Engineer Officer and Rating Personnel 55. The following professional qualification shall be granted to an engineer officer and a rating: 55.1. chief engineer officer on ships powered by main propulsion machinery of 3000 kW propulsion power or more – is entitled to fill in any capacity of engineer officer on ships without restrictions of main propulsion power; 55.2. chief engineer officer on ships powered by main propulsion machinery of less than 3000 kW propulsion power – is entitled to fill in the capacity of a chief engineer officer or second engineer officer on ships powered by main propulsion machinery of less than 3000 kW propulsion power, or the capacity of an officer in charge of an engineering watch on ships without restrictions of main propulsion power; 55.3. second engineer officer on ships powered by main propulsion machinery of 3000 kW propulsion power or more – is entitled to fill in the capacity of a second engineer officer or officer in charge of an engineering watch on ships without restrictions of main propulsion power; Translation © 2016 Valsts valodas centrs (State Language Centre) 13  55.4. second engineer officer on ships powered by main propulsion machinery of less than 3000 kW propulsion power – is entitled to fill in the capacity of a second engineer officer on ships powered by main propulsion machinery of less than 3000 kW propulsion power, or the capacity of an officer in charge of an engineering watch on ships without restrictions of main propulsion power; 55.5. officer in charge of an engineering watch on ships powered by main propulsion machinery of 750 kW propulsion power or more – is entitled to fill in the capacity of an officer in charge of an engineering watch on ships without restrictions of main propulsion power; 55.6. engineer officer on ships powered by main propulsion machinery of less than 750 kW propulsion power – is entitled to fill in the capacity of an engineer officer on ships powered by main propulsion machinery of less than 750 kW propulsion power; 55.7. refrigeration engineer on ships – is entitled to fill in the capacity of a refrigeration engineer on the ship; 55.8. electro-technical officer – is entitled to fill in the capacity of an electro-technical officer; 55.9. rating forming part of an engine-room watch – is entitled to fill in the capacity of a rating forming part of an engine-room watch; 55.10. able seafarer engine – is entitled to fill in the capacity of an able seafarer engine or a rating forming part of an engine room watch; 55.11. electro-technical rating – is entitled to fill in the capacity of an electro-technical rating; 55.12. pumpman – is entitled to work as a pumpman on tankers of specific type; 55.13. ship's technician – is entitled to fill in the capacity of a ship's technician and to carry out the duties of navigational and engineering watch on ships without restrictions; 55.14. turner, welder, fitter – is entitled to fill the relevant capacity on a ship without carrying out the watchkeeping duty. [16 August 2011; 23 April 2013] 56. Requirements when applying for the qualification – chief engineer officer on ships powered by main propulsion machinery of 3000 kW propulsion power or more: 56.1. has acquired accredited vocational education programme, certified by the Ministry of Transport and meeting the requirements of Section A-III/2 of the STCW Code, and has completed the training course programme "Competence Updating Courses" certified by the Ministry of Transport, if more than five years have passed since the acquisition of the vocational education programme; 56.2. has obtained qualification – second engineer officer on ships powered by main propulsion machinery of 3000 kW propulsion power or more; 56.3. seagoing service – 36 months in the capacity of an officer in charge of an engineering watch on ships powered by main propulsion machinery of 750 kW propulsion power or more, from which not less than 12 months in the capacity of a second engineer officer on ships powered by main propulsion machinery of 3000 kW propulsion power or more; 56.4. competency conforms to the requirements of section A-III/2 of the STCW Code. [13 November 2007; 23 April 2013; 19 January 2016] 57. Requirements when applying for the qualification – chief engineer officer on ships powered by main propulsion machinery of less than 3000 kW propulsion power: 57.1. has acquired accredited vocational education programme, certified by the Ministry of Transport and meeting the requirements of Section A-III/1 of the STCW Code and the alleviated requirements specified in Section A-III/2 of the STCW Code, and has completed the training course programme "Competence Updating Courses" certified by the Ministry of Transport, if more than five years have passed since the acquisition of the vocational education programme; Translation © 2016 Valsts valodas centrs (State Language Centre) 14  57.2. has obtained qualification – second engineer officer on ships powered by main propulsion machinery of less than 3000 kW propulsion power; 57.3. seagoing service – 24 months in the capacity of an officer in charge of an engineering watch, from which at least 12 months in the capacity of a second engineer officer on ships powered by main propulsion machinery of 750 kW propulsion power or more; 57.4. competency conforms to the requirements of section A-III/3 of the STCW Code. [13 November 2007; 16 August 2011; 23 April 2013; 19 January 2016] 58. Requirements when applying for the qualification – second engineer officer on ships powered by main propulsion machinery of 3000 kW propulsion power or more: 58.1. has acquired accredited vocational education programme, certified by the Ministry of Transport and meeting the requirements of Section A-III/2 of the STCW Code, and has completed the training course programme "Competence Updating Courses" certified by the Ministry of Transport, if more than five years have passed since the acquisition of the vocational education programme; 58.2. has obtained qualification – officer in charge of an engineering watch on ships powered by main propulsion machinery of 750 kW propulsion power or more or second engineer officer on ships powered by main propulsion machinery of less than 3000 kW propulsion power; 58.3. seagoing service – 12 months in the capacity of an officer in charge of an engineering watch on ships powered by main propulsion machinery of 3000 kW propulsion power or more or also 12 months in the capacity of a second engineer officer on ships powered by main propulsion machinery of 750 kW propulsion power or more, if the applicant has acquired qualification – second engineer officer on ships powered by main propulsion machinery of less than 3000 kW propulsion power; 58.4. competency conforms to the requirements of section A-III/2 of the STCW Code. [13 November 2007; 23 April 2013; 19 January 2016] 59. Requirements when applying for the qualification – second engineer officer on ships powered by main propulsion machinery of less than 3000 kW propulsion power: 59.1. has acquired accredited vocational education programme, certified by the Ministry of Transport and meeting the requirements of Section A-III/1 of the STCW Code and the alleviated requirements specified in Section A-III/2 of the STCW Code, and has completed the training course programme "Competence Updating Courses" certified by the Ministry of Transport, if more than five years have passed since the acquisition of the vocational education programme; 59.2. has obtained qualification – officer in charge of an engineering watch on ships powered by main propulsion machinery of 750 kW propulsion power or more; 59.3. seagoing service – 12 months in the capacity of an officer in charge of an engineering watch on ships powered by main propulsion machinery of 750 kW propulsion power or more; 59.4. competency conforms to the requirements of section A-III/3 of the STCW Code. [13 November 2007; 16 August 2011; 23 April 2013; 19 January 2016] 60. Requirements when applying for the qualification – officer in charge of an engineering watch on ships powered by main propulsion machinery of 750 kW propulsion power or more: 60.1. has acquired accredited vocational education programme, certified by the Ministry of Transport and meeting the requirements of section A-III/1 of the STCW Code; 60.2. duration of traineeship: 60.2.1. at least 12-month complex training in approved mechanical and electrical workshops or an equivalent place of training or work, which ensures acquisition of the practical skills compliant with the qualification to be granted and training programme Translation © 2016 Valsts valodas centrs (State Language Centre) 15  determined in the education programme or part thereof (hereinafter – the workshops), and on ship at sea, which is a part of the accredited vocational education programme certified by the Ministry of Transport. The training shall include seagoing service – at least six months in the composition of the engine department on ships powered by main propulsion machinery of 750 kW propulsion power or more, carrying out watchkeeping duties in engine-room under the supervision of an officer in charge of an engineering watch or an chief engineer officer and documenting it in the training record book; or 60.2.2. at least 36-month practical experience in workshops and on ships at sea, including seagoing service – at least 30 months in the composition of the engine department on ships powered by main propulsion machinery of 750 kW propulsion power or more; 60.3. competency conforms to the requirements of section A-III/1 of the STCW Code. [16 August 2011; 23 April 2013; 19 January 2016] 61. Requirements when applying for the qualification – engineer officer on the ship on ships powered by main propulsion machinery of less than 750 kW propulsion power: 61.1. has acquired accredited vocational education programme, certified by the Ministry of Transport, which includes training in workshops and meets the alleviated requirements of Section A-III/1 of the STCW Code; 61.2. seagoing service – six months in the composition of the engine department on ships powered by main propulsion machinery of more than 200 kW propulsion power; 61.3. competency conforms to the facilitated requirements of section A-III/1 of the STCW Code. [19 January 2016] 62. Requirements when applying for the qualification of a refrigeration engineer on the ship: 62.1. has acquired accredited programme, certified by the Ministry of Transport, of a refrigeration engineer on ships or an equivalent programme; 62.2. seagoing service – at least four months on ships, carrying out the traineeship programme under the supervision of a refrigeration engineer and documenting it in the training record book; 62.3. competency conforms to the specific requirements of refrigerator ships and gas carriers. [23 April 2013] 63. Requirements when applying for the qualification of an electro-technical officer: 63.1. has acquired accredited vocational education programme, certified by the Ministry of Transport, of electronics automation engineer or an equivalent programme, meeting the requirements of sections A-III/6 and B-III/6 of the STCW Code; 63.2. duration of traineeship: 63.2.1. at least 12-month complex training in workshops and on ships at sea, which is a part of an accredited vocational education programme certified by the Ministry of Transport. The training shall include seagoing service – at least six months in the composition of the engine department on ships powered by main propulsion machinery of 750 kW propulsion power or more, carrying out watchkeeping duties in engine-room under the supervision of an electro-technical officer or a chief engineer officer and documenting it in the training record book; or 63.2.2. at least 36-month practical experience in workshops and on ships at sea, including seagoing service – at least 30 months in the composition of the engine department on ships powered by main propulsion machinery of 750 kW propulsion power or more; Translation © 2016 Valsts valodas centrs (State Language Centre) 16  63.3. competency conforms to the requirements of sections A-III/6 and B-III/6 of the STCW Code. [23 April 2013; 19 January 2016] 64. Requirements when applying for the qualification of a rating forming part of an engine- room watch: 64.1. has acquired accredited programme for motorman on a ship, certified by the Ministry of Transport and meeting the requirements of sections A-III/4, A-III/5 and B-III/4 of the STCW Code, or has completed two-year studies in the programme for engineer officers on ship, or at least 12-month practical training on a ship at sea and has received a positive evaluation of the master of the ship and the chief engineer officer; 64.2. seagoing service – at least two months on a ship powered by main propulsion machinery of more than 750 kW propulsion power, carrying out watchkeeping duties in engine- room under the supervision of a qualified engineer officer and documenting it in the training record book; 64.3. competency conforms to the requirements of section A-III/4 of the STCW Code. [16 August 2011; 23 April 2013] 65. Requirements when applying for the qualification of an able seafarer engine: 65.1. has acquired accredited programme for a motorman on a ship, certified by the Ministry of Transport and meeting the requirements of sections A-III/4, A-III/5 and B-III/4 of the STCW Code, or has completed two-year studies in the programme for engineer officers on a ship, or 12-month practical training on a ship at sea and has received a positive evaluation of the master of the ship and the chief engineer officer; 65.2. has obtained qualification – rating forming part of an engine-room watch; 65.3. seagoing service – at least six months in the capacity of a rating forming part of an engine-room watch on a ship powered by main propulsion machinery of 750 kW propulsion power or more; 65.4. competency conforms to the requirements of section A-III/5 of the STCW Code. [13 November 2007; 23 April 2013; 19 January 2016] 66. Requirements when applying for the qualification of an electro-technical rating: 66.1. has acquired accredited programme for an electro-technical rating, certified by the Ministry of Transport, or an equivalent programme, meeting the requirements of section A-III/7 of the STCW Code, or two-year studies in the programme for electronics automation engineer, meeting the requirements of sections A-III/6 and B-III/6 of the STCW Code, or has completed at least 12-month practical training in the composition of the engine department on a ship at sea and has received a positive evaluation of the master of the ship and the chief engineer officer; 66.2. seagoing service – at least three-month experience at sea in the composition of the engine department on ships powered by main propulsion machinery of 750 kW propulsion power or more, documenting it in the training record book; 66.3. competency conforms to the requirements of section A-III/7 of the STCW Code. [23 April 2013] 67. Requirements when applying for the qualification of a pumpman: 67.1. has acquired a training programme for a pumpman, certified by the Ministry of Transport, or practical training on a tanker, and has received a positive recommendation of the master of the ship or employer; 67.2. has obtained qualification – able seafarer deck or able seafarer engine; 67.3. seagoing service – 12 months on a tanker in the capacity of an able seafarer deck or able seafarer engine; Translation © 2016 Valsts valodas centrs (State Language Centre) 17  67.4. competency conforms to the requirements specified for a pumpman for the particular type of tankers. 68. Requirements when applying for the qualification of a ship's technician: 68.1. has acquired accredited programme for a ship's technician, certified by the Ministry of Transport, incorporating traineeship in workshops and meeting the requirements of sections A-II/4, A-II/5, A-III/4, A-III/5, B-II/4 and B-III/4 of the STCW Code; 68.2. seagoing service – six months on ships of 500 GT or more and powered by main propulsion machinery of more than 750 kW propulsion power, for not less than two months carrying out the duties of navigational watch under the supervision of an officer in charge of a navigational watch and for not less than two months carrying out the duties of engineering watch under the supervision of an officer in charge of an engineering watch, documenting it in the training record book; 68.3. competency conforms to the requirements of sections A-II/4 and A-III/4 of the STCW Code. [16 August 2011; 23 April 2013; 19 January 2016] 69. Requirements when applying for the qualification of a turner or welder: 69.1. has completed a relevant approved programme; 69.2. competency conforms to the qualification requirements. [19 January 2016] 69.1 Requirements when applying for the qualification of a fitter: 69.1 1. has acquired an accredited turner and welder vocational education programme or an equivalent programme, or has previously acquired a fitter's qualification certificate; 69.1 2. seagoing service – six months in the composition of the engine department on ships powered by main propulsion machinery of more than 750 kW, and has received a positive evaluation of the master of the ship and the chief engineer officer; 69.1 3. competency conforms to the qualification requirements. [19 January 2016] 10. Certification of Seafarers for Near-coastal Voyages 70. Masters of ships flying the flag of Latvia and officers who work on ships in the near-coastal voyages area shall be certified in compliance with the requirements of this Regulation. 71. When, navigating in coastal waters of Latvia, masters and mates on ships of near-coastal voyages flying the flag of a foreign country shall be certified in compliance with the standards of competency considered as equivalent to the requirements of this Regulation. 11. Requirements for the Assessment of Education, Training and Competency of Seafarers [13 November 2007] 72. A foreign maritime vocational education diploma shall be recognised as equivalent and corresponding for granting of the relevant qualification, if it has been issued: 72.1. in a Member State of the European Union or European Economic Area. The diploma shall be recognised according to an accredited programme or qualification acquired as recorded in the document issued by an educational institution, if it is not in contradiction with the requirements of the STCW Convention; 72.2. in a third country, if it is a member state of the International Maritime Organisation, and: Translation © 2016 Valsts valodas centrs (State Language Centre) 18  72.2.1. the relevant programme has been accredited and recognised in the relevant state. The diploma shall be recognised if the programme has been acquired in an institution of higher education, which prepares specialists for merchant fleet ships, corresponding to the sixth qualification level of the European Qualifications Network, and the requirements of Regulation I/10 of the STCW Convention are met; 72.2.2. the relevant programme has been accredited and recognised in the relevant state. If the programme has been acquired in other educational institutions (not in the ones referred to in Sub-paragraph 72.2.1 of this Regulation), the diploma shall be recognised after content assessment of the programme in the Latvian Registry of Seamen. If the content of the programme does not conform to the relevant programmes certified by the Ministry of Transport, the applicant shall acquire equalization courses of programmes. [23 April 2013] 73. If the speciality of ships' navigators, ships' engineers and electro-technical officers on ships has been acquired abroad in vocational secondary fisheries educational institutions or fisheries educational institutions of college type, programmes shall not be recognised as equivalent in order to apply for the qualification referred to in Sub-paragraphs 41.1, 41.2, 41.5, 41.6, 41.7, 55.1, 55.2, 55.3, 55.4, 55.5 and 55.8 of this Regulation corresponding to the STCW Convention. [23 April 2013] 73.1 Vocational in-service training programmes certified by the Ministry of Transport, in compliance with the requirements of section A-II/2 or A-III/2 of the STCW Code, shall be implemented by a maritime institution of higher education. The requirements when applying for the acquisition of the programme: 73.1 1. has acquired accredited vocational education programme certified by the Ministry of Transport in compliance with the requirements of section A-II/1 or A-III/1 of the STCW Code; 73.1 2. seagoing service – 18 months in the capacity of an officer forming part of a watch on merchant fleet ships. [16 August 2011; 23 April 2013] 74. Documentary evidence or documents certifying proficiency shall be recognised for granting of qualification or revalidation thereof, if training programmes approved by the Ministry of Transport have been acquired or the documents have been obtained in an educational or training institution recognised in the relevant European Union Member State, or the documents have been issued in the competent maritime authorities of such states. [23 April 2013; 19 January 2016] 75. If documentary evidence or document certifying proficiency has been issued in a third country, which is a Member State of the International Maritime Organisation and conforms to the requirements of Regulation I/10 of the STCW Convention, it shall be deemed valid for the issuance of a qualification certificate of the Republic of Latvia, if the content and implementation of the particular educational or training institution programme has been assessed by the Latvian Registry of Seamen and recognised as conforming to the requirements of the STCW Convention. [23 April 2013; 19 January 2016] 75.1 Paragraphs 74 and 75 of this Regulation shall not apply to the certificates of competency updating courses and competence improvement courses, which are recognised for granting of qualification or revalidation thereof only after acquisition of a training programme approved by the Ministry of Transport. Translation © 2016 Valsts valodas centrs (State Language Centre) 19 [13 November 2007; 19 January 2016] 76. A seafarer shall acquire training course programme “Competence Updating Courses” certified by the Ministry of Transport in compliance with the requirements of section A-I/11.2 of the STCW Code and receive a documentary evidence with a term of validity of five years. [19 January 2016] 77. The maritime vocational education institutions (hereinafter – the educational institutions) in co-operation with ship owners or merchants, which provide recruitment and placement services in manning the ships' crew, shall ensure practical training to students on ships at sea (seagoing service). The trainee shall be responsible for the documentation of carrying out of the training programme in the training record book. Records in the training record book shall be made in the Latvian language or the English language. A graduate of an educational institution shall present a filled-in training record book to the assessment commission for granting of qualification. [13 November 2007; 23 April 2013; 19 January 2016] 78. A person who after the acquisition of the education programme within five or more years has not received an appropriate qualification certificate, is entitled to apply for the appropriate qualification certificate only after repeatedly executed training programme on a ship. Execution of the training programme shall be documented in the training record book. [19 January 2016] 79. The assessment commission shall assess the competency of the applicant in accordance with the criteria and methodology specified in the standards of the STCW Code. For the receipt of the qualifications referred to in Sub-paragraphs 41.1, 41.5, 41.7, 55.1, 55.3 and 55.5 of this Regulation the applicant shall take a computerised test conforming to the requirements of the STCW standards and shall confirm his competency to the assessment commission in the form of an interview. For the receipt of other qualifications the applicant shall confirm his competency in the form of an interview. The questions of the test shall be developed and updated by the Latvian Registry of Seamen on the basis of the tables of the minimum standards of competency of Part A, Chapters II, III, IV, V and VI of the STCW Convention and the guidelines of the relevant chapters of Part B according to each qualification, and the themes shall be published on the Internet home page of the Maritime Administration of Latvia. The test shall be deemed accomplished if the applicant has provided correct answers to at least 70% of questions. [13 November 2007; 23 April 2013] 79.1 The applicant shall take a competency examination for the receipt of the requested qualification not more than three times within six months after the documents referred to in Paragraph 98 of this Regulation have been submitted to the Latvian Registry of Seamen. If the applicant does not pass the examination of competency within this time period, the applicant shall, not sooner than after a year, re-submit the documents referred to in Paragraph 98 of this Regulation to the Latvian Registry of Seamen and take the examination of competency. During this time the applicant may apply for a lower qualification. Upon determining an insufficient level of competency of the applicant, the assessment commission is entitled to determine that the applicant repeatedly acquires the relevant training programme approved by the Ministry of Transport or repeatedly takes the computerised test. [13 November 2007; 23 April 2013] 80. The results of assessment of the competency of seafarers and the conformity of competency with the standards of this Regulation and the STCW Convention shall be compiled in an Translation © 2016 Valsts valodas centrs (State Language Centre) 20 assessment protocol (Annex 8). The protocol shall be signed by members of the assessment commission. If it has been established in the examination of competency that the applicant conforms to the requested qualification, the seafarer may receive the qualification certificate in the Latvian Registry of Seamen within a year after the day when the assessment protocol was signed. If it has been established in the examination of competency that the applicant does not conform to the requested qualification, the assessment commission shall indicate the themes in the assessment protocol, in which a non-conformity of the applicant with the competency was established. Upon the request of the seafarer the Latvian Registry of Seamen shall issue a copy of the assessment protocol to him. [15 September 2009; 23 April 2013] 81. Final examinations of maritime educational institutions may be joined with the assessment of competency only if the procedures for final examinations completely conform to the procedure (methodology) for the assessment of competency and the applicants have met all the requirements referred to in this Regulation for the relevant qualification. In such case the examination procedures and the composition of the assessment commission shall be co- ordinated with the Latvian Registry of Seamen. [23 April 2013] 12. Requirements for the Qualification of the Personnel of Ships of Special Type 12.1. Requirements for the Personnel of a Tanker [23 April 2013] 82. The requirements for an officer and rating assigned specific duties and responsibilities related to cargo or cargo equipment on a tanker: 82.1. on oil tankers or chemical tankers: 82.1.1. seagoing service – at least three months during the last five years on oil tankers or chemical tankers, as well as training programme “The Oil, Chemical and Liquefied Gas Tankers Familiarization Course” (hereinafter – the Tanker Familiarization Course), certified by the Ministry of Transport, has been acquired; or 82.1.2. training programme “Basic Training for Oil and Chemical Tanker Cargo Operations” (hereinafter – the Basic Training for Oil and Chemical Tankers), certified by the Ministry of Transport, has been acquired and competency meets the requirements of section A-V/1-1-1 of the STCW Code; 82.2. on gas tankers: 82.2.1. seagoing service – at least three months during the last five years on gas tankers, as well as the Tanker Familiarization Course has been acquired; or 82.2.2. training programme “Basic Training for Liquefied Gas Tanker Cargo Operations” (hereinafter – the Basic Training for Liquefied Gas Tankers), certified by the Ministry of Transport, has been completed and competency meets the requirements of section A-V/1-2-1 of the STCW Code. 82.1 After successful completion of the Basic Training for Oil and Chemical Tankers or Basic Training for Liquefied Gas Tankers the educational or training institution shall issue a documentary evidence with an unlimited term of validity to the seafarer in compliance with the type of the tanker, containing an entry regarding the conformity with the requirements of section A-V/1-1-1 or A-V/1-2-1 of the STCW Code. [19 January 2016] 82.2 The Latvian Registry of Seamen shall, after verification of the authenticity of documents, issue a certificate of proficiency in tankers (Annex 5) with a term of validity of five years to a Translation © 2016 Valsts valodas centrs (State Language Centre) 21 seafarer who has been issued a documentary evidence for the acquisition of the Basic Training for Oil and Chemical Tankers or Basic Training for Liquefied Gas Tankers by the educational or training institution, indicating the conformity with the relevant regulation of the STCW Convention. An officer shall be issued a separate endorsement, indicating the conformity with the relevant regulation of the STCW Convention. [19 January 2016] 83. The requirements for the master, chief mate, chief engineer officer, second engineer officer and crew member of the tanker, who is directly responsible for cargo operations, supervision of cargo during carriage and cleaning of cargo tanks or other cargo-related operations on oil tankers: 83.1. complies with the requirements referred to in Sub-paragraph 82.1 of this Regulation; 83.2. seagoing service, meeting the requirements referred to in Sub-paragraph 82.1 of this Regulation – at least three months on an oil tanker or at least one month in training on an oil tanker in a supernumerary capacity, and has participated in at least three cargo loading and unloading operations, which have been documented in the training record book developed taking into account the requirements of section B-V/1 of the STCW Code; 83.3. has acquired training programme “Advanced Training for Oil Tanker Cargo Operations”, certified by the Ministry of Transport, and competency conforms to the requirements of section A-V/1-1-2 of the STCW Code, confirmed by a documentary evidence with an unlimited term of validity issued by the educational or training institution. [19 January 2016] 83.1 The requirements for the master, chief mate, chief engineer officer, second engineer officer and crew member of the tanker, who is directly responsible for cargo operations, supervision of cargo during carriage and cleaning of cargo tanks or other cargo-related operations on chemical tankers: 83.1 1. complies with the requirements referred to in Sub-paragraph 82.1 of this Regulation; 83.1 2. seagoing service, meeting the requirements referred to in Sub-paragraph 82.1 of this Regulation – at least three months on a chemical tanker or at least one month in training on a chemical tanker in a supernumerary capacity, and has participated in at least three cargo loading and unloading operations, which have been documented in the training record book developed taking into account the requirements of section B-V/1 of the STCW Code; 83.1 3 has acquired training programme “Advanced Training for Chemical Tanker Cargo Operations”, certified by the Ministry of Transport, and competency conforms to the requirements of section A-V/1-1-3 of the STCW Code, confirmed by a documentary evidence with an unlimited term of validity issued by the educational institution or training centre. [19 January 2016] 83.2 The requirements for the master, chief mate, chief engineer officer, second engineer officer and crew member of the tanker, who is directly responsible for cargo operations, supervision of cargo during carriage and cleaning of cargo tanks or other cargo-related operations on liquefied gas tankers: 83.2 1. complies with the requirements referred to in Sub-paragraph 82.2 of this Regulation; 83.2 2. seagoing service, meeting the requirements referred to in Sub-paragraph 82.2 of this Regulation – at least three months on a liquefied gas tanker or at least one month in training on a liquefied gas tanker in a supernumerary capacity, and has participated in at least three cargo loading and unloading operations, which have been documented in the training record book developed taking into account the requirements of section B-V/1 of the STCW Code; Translation © 2016 Valsts valodas centrs (State Language Centre) 22  83.2 3 has acquired training programme “Advanced Training for Liquefied Gas Tanker Cargo Operations”, certified by the Ministry of Transport, and competency conforms to the requirements of section A-V/1-2-2 of the STCW Code, confirmed by a documentary evidence with an unlimited term of validity issued by the educational or training institution. [19 January 2016] 83.3 The Latvian Registry of Seamen shall, after verification of the authenticity of documents, issue a certificate of proficiency in tankers with a term of validity of five years to a seafarer who has been issued a documentary evidence for the acquisition of the advanced course in tankers by the educational or training institution and whose seagoing service during the last five years on the relevant type of tankers is at least three months. An officer shall be issued a separate endorsement, indicating the conformity with the relevant regulation of the STCW Convention. If there is no evidence regarding seagoing service – at least three months during the last five years on tankers of the relevant type, a seafarer shall acquire the training programme in compliance with the requirements referred to in Sub-paragraphs 83.3, 831 3. or 832 3 of this Regulation. [19 January 2016] 84. The Latvian Registry of Seamen shall, after verification of the conformity with the requirements referred to in Paragraphs 83, 83.1, 83.2 or 83.3 of this Regulation or the authenticity of documents, issue a certificate of proficiency in tankers with a term of validity of five years to the master, chief mate, chief engineer officer, second engineer officer and crew member of the tanker, who is directly responsible for cargo operations, supervision of cargo during carriage and cleaning of cargo tanks or other cargo-related operations. An officer shall be issued a separate endorsement, indicating the conformity with the relevant regulation of the STCW Convention. [19 January 2016] 84.1 Conditions for revalidation of a certificate of proficiency in tankers: 84.1 1 the current certificate of proficiency in tankers has been issued at the Latvian Registry of Seamen in accordance with the requirements of the STCW Convention; 84.1 2. during the last five years the applicant has, for at least three months, worked on tankers of the relevant type at sea or repeatedly acquired training programme in accordance with the requirements referred to in Sub-paragraphs 83.3, 83.1 3 or 83.2 3 of this Regulation. [19 January 2016] 12.2. Requirements for the Personnel of a Passenger Ship [23 April 2013] 85. The personnel of a passenger ship has a duty to successfully acquire training programmes, certified by the Ministry of Transport, according to the capacity, duties and responsibility: 85.1. the master, officer and such crew member of the passenger ship, who has been appointed to help passengers in emergency situations, shall acquire a crowd management training programme in compliance with the requirements of section A-V/2, paragraph 1 of the STCW Code; 85.2. the personnel of the passenger ship, providing direct service to passengers in passenger spaces, shall have completed the safety training programme specified in section A- V/2, paragraph 2 of the STCW Code; 85.3. the master, chief mate, chief engineer officer, second engineer officer and crew member who is responsible for embarking and disembarking passengers, loading, discharging or securing cargo, or closing hull openings on board ships shall have completed a passenger Translation © 2016 Valsts valodas centrs (State Language Centre) 23 safety and cargo safety training programme in compliance with the requirements of section A- V/2, paragraph 4 of the STCW Code; 85.4. the master, chief mate, chief engineer officer, second engineer officer and crew member who is responsible designated on muster lists to assist passengers in emergency situations shall have acquired a crisis management and human behaviour training programme in compliance with the requirements of section A-V/2, paragraph 3 of the STCW Code. 86. After acquisition of the training programme the educational or training institution shall issue documentary evidence to the seafarer with a term of validity of five years. After expiry of the term of validity of documentary evidence the seafarer shall take a competency examination in the educational or training institution. If a positive evaluation has been received, the seafarer shall receive a new documentary evidence, but, if a negative evaluation has been received, the seafarer shall acquire the relevant training programme. [19 January 2016] 12.3. Basic Requirements for the Personnel of a Passenger Ship Other than Ro-ro Ship [23 April 2013] 87. [23 April 2013] 88. [23 April 2013] 13. Minimum Requirements for Special Competency [23 April 2013] 13.1. General Provision 89. A seafarer shall acquire training programmes certified by the Ministry of Transport in compliance with the requirements of Part A of the STCW Code and receive documentary evidence or certificates of proficiency, which are evidence of special competency and which are issued by educational or training institutions. The requirements for special competency of a seafarer for granting of a particular qualification are specified in Annex 9 to this Regulation. [19 January 2016] 13.2. Basic Safety Training 90. A seafarer shall acquire a training programme “Basic Safety Training” (hereinafter – the basic safety training) certified by the Ministry of Transport in compliance with the requirements of section A-VI/1 of the STCW Code and receive a certificate of proficiency with a term of validity of five years. 91. A seafarer whose seagoing service during the last five years is at least three months shall acquire a training programme “Basic Safety Training – Refresher Course” certified by the Ministry of Transport in compliance with the requirements of section A-VI/1, paragraph 3 of the STCW Code and receive a new certificate of proficiency with a term of validity of five years. [19 January 2016] Translation © 2016 Valsts valodas centrs (State Language Centre) 24  13.3. Requirements for the Proficiency in Handling Survival Craft and Fast Rescue Boats 92. The requirements for the proficiency in handling survival craft and rescue boats (other than fast rescue boats): 92.1. seagoing service – at least six months; 92.2. has successfully acquired training programme for handling survival craft certified by the Ministry of Transport in compliance with the requirements of section A-VI/2-1 of the STCW Code and has received a new certificate of proficiency with a term of validity of five years. 93. The requirements for the proficiency in handling fast rescue boats: 93.1. the requirements referred to in Paragraph 92 of this Regulation are fulfilled; 93.2. has successfully acquired training programme for handling fast rescue boats certified by the Ministry of Transport in compliance with the requirements of section A-VI/2-2 of the STCW Code and has received a new certificate of proficiency with a term of validity of five years. 94. A seafarer whose seagoing service during the last five years is at least three months shall acquire a training programme for renewal of the skills certified by the Ministry of Transport in compliance with the requirements of section A-VI/2, paragraph 5 or 11 of the STCW Code and receive a new certificate of proficiency with a term of validity of five years. [19 January 2016] 13.4. Acquisition of the Competency in Advanced Fire-fighting 95. A seafarer shall acquire a training programme “Training in Advanced Fire-fighting” certified by the Ministry of Transport in compliance with the requirements of section A-VI/3 of the STCW Code and receive a certificate of proficiency with a term of validity of five years. 95.1 A seafarer whose seagoing service during the last five years is at least three months shall acquire a training programme for renewal of the skills certified by the Ministry of Transport in compliance with the requirements of section A-VI/3 of the STCW Code and receive a new certificate of proficiency with a term of validity of five years. [19 January 2016] 13.5. Requirements for the Competency Relating to Medical First Aid and Medical Care 96. A seafarer shall acquire a training programme relating to medical first aid certified by the Ministry of Transport in compliance with the requirements of section A-VI/4-1 of the STCW Code and receive a certificate of proficiency with an unlimited term of validity. 96.1 A seafarer who has acquired a medical first aid training programme and has received a training certificate in accordance with the regulations of the STCW Convention, which were in force until 31 December 2011, shall take an examination of knowledge in the educational or training institution where a medical first aid training programme certified by the Ministry of Transport may be acquired. If a positive evaluation has been received, the seafarer shall receive a certificate of proficiency with an unlimited term of validity in compliance with the requirements of section A-VI/4-1 of the STCW Code, but, if a negative evaluation has been received, the seafarer shall acquire the relevant training programme. [19 January 2016] Translation © 2016 Valsts valodas centrs (State Language Centre) 25 97. A seafarer shall, not less than once every five years, acquire a medical care training programme certified by the Ministry of Transport in compliance with the requirements of section A-VI/4-2 of the STCW Code, and receive a certificate of proficiency with a term of validity of five years. 13.6. Requirements for the Competency of Radiolocation and ECDIS 97.1 A ships' navigator shall acquire a training programme relating to radiolocation certified by the Ministry of Transport in compliance with the requirements of sections A-II/1, A-II/2 and A-II/3 of the STCW Code, and a training programme relating to ECDIS certified by the Ministry of Transport in compliance with the requirements of sections A-II/1 and A-II/2 of the STCW Code, and after completion thereof the educational or training institution shall issue documentary evidence with an unlimited term of validity. [19 January 2016] 97.2 A ships' navigator who has acquired a training programme relating to ECDIS certified by the Ministry of Transport and has received a training certificate in accordance with the regulations of the STCW Convention, which were in force until 31 December 2011, shall acquire an equalisation training programme relating to ECDIS certified by the Ministry of Transport and receive a documentary evidence with an unlimited term of validity regarding conformity with the requirements of sections A-II/1 and A-II/2 of the STCW Code. 13.7. Training Programmes “Bridge Resource Management”, “Engine-room Resource Management”, “Competency Upgrading Course for Engineer Officers” and “Updating Training for Ship Electro-technical Engineers” 97.3 A ships' navigator, a ships' engineer and an electro-technical officer on ships shall acquire the following training programmes certified by the Ministry of Transport and receive a documentary evidence with unlimited term of validity: 97.3 1. ships' navigator – the training programme “Bridge Resource Management” in compliance with the requirements of sections A-II/1 and A-II/2 of the STCW Code; 97.3 2. ships' engineer – the training programme “Competency Upgrading Course for Engineer Officers” in compliance with the requirements of section A-III/1 of the STCW Code; 97.3 3. ships' engineer – the training programme “Engine-room Resource Management” in compliance with the requirements of sections A-III/1 and A-III/2 of the STCW Code; 97.3 4. electro-technical officer on ships – the training programme “Updating Training for Ship Electro-technical Engineers” in compliance with the requirements of Section A-III/6 of the STCW Code. 97.4 A ships' navigator or a ships' engineer who has acquired a training programme relating to the management of the relevant resources or an equivalent training programme and has received a training certificate in accordance with the regulations of the STCW Convention, which were in force until 31 December 2011, shall acquire an equalisation training programme relating to the management of resources certified by the Ministry of Transport and receive a documentary evidence with an unlimited term of validity regarding conformity with the requirements of sections A-II/1 and A-II/2 or A-III/1 and A-III/2 of the STCW Code. 13.8. Requirements for the Security Competency 97.5 The requirements for the competency of a ship security officer: 97.5 1. seagoing service – at least 12 months; Translation © 2016 Valsts valodas centrs (State Language Centre) 26  97.5 2. successfully acquired the training programme “Ship Security Officer” certified by the Ministry of Transport in compliance with the requirements of section A-VI/5 of the STCW Code. 97.6 A seafarer who is designated to perform security duties shall acquire a training programme “Security Training for Seafarers with Designated Security Duties” certified by the Ministry of Transport in compliance with the requirements of section A-VI/6-2 of the STCW Code. 97.7 A seafarer shall acquire a training programme “Security – Awareness Training” certified by the Ministry of Transport in compliance with the requirements of section A-VI/6-1 of the STCW Code (except the case when the seafarer has already acquired a training programme “Ship Security Officer” or “Security Training for Seafarers with Designated Security Duties” certified by the Ministry of Transport). 97.8 After fulfilment of the requirements referred to in this Sub-chapter the educational or training institution shall issue a certificate of proficiency to the seafarer with an unlimited term of validity. [19 January 2016] 97.9 The educational or training institution shall acquaint a seafarer, who has acquired the training programme “Ship Security Officer” in accordance with the regulations of the STCW Convention, which were in force until 31 December 2011, with the changes in the STCW Convention in the field of competencies of the ship security officer and issue a certificate of proficiency with an unlimited term of validity to the seafarer. [19 January 2016] 14. Issuance of a Qualification Certificate [23 April 2013] 98. For the receipt of a qualification certificate an applicant shall submit an application (Annex 4) to the Latvian Registry of Seamen, three photographs made in compliance with the requirements referred to in Annex 16 to this Regulation, and present the originals of the following documents (if the applicant is submitting such documents to the Latvian Registry of Seamen for the first time or their authenticity has not been verified): 98.1. a personal identification document; 98.2. an opinion regarding medical fitness of a seafarer for work on a ship; 98.3. the current qualification certificate; 98.4. a document certifying maritime vocational education; 98.5. a document certifying seagoing service (for example, seagoing certificate, entry in the seaman's book); 98.6. documentary evidence and certificates of proficiency confirming the acquisition of the requirements of special competency in compliance with the requirements referred to in Annex 9 to this Regulation. [23 April 2013] 99. In addition to the documents indicated in Paragraph 98 of this Regulation graduates of maritime educational institutions shall submit a training record book. 100. The Latvian Registry of Seamen shall, within seven days, verify the authenticity of the documents submitted and their term of validity and appoint the applicant for an examination of competency with the assessment commission. If the submitted documents have been issued in Translation © 2016 Valsts valodas centrs (State Language Centre) 27 a third country, the documents shall be verified within the time period specified in the Administrative Procedure Law. [13 November 2007] 101. If it is detected that additional verification is necessary for the documents submitted by the applicant, the Latvian Registry of Seamen is entitled to extend the term of verification for up to 30 days, informing the applicant thereof. 102. The Latvian Registry of Seamen shall assess the conformity of seagoing service for receipt of the relevant qualification, taking into account the requirements of section A-I/2, paragraph 5 of the STCW Code, the type of the ship and the duties carried out. [23 April 2013] 15. Revalidation of a Qualification Certificate [23 April 2013] 103. A master, an officer or a rating who has been certified in compliance with the requirements of this Regulation shall, not less than once every five years, confirm the conformity of the professional competency thereof with the requirements of this Regulation and the STCW Convention, attesting their qualification for work on ship at sea, and shall receive a revalidated qualification certificate. [23 April 2013] 104. Conditions for the receipt of a revalidated qualification certificate: 104.1. the current qualification certificate has been issued at the Latvian Registry of Seamen in accordance with the requirements of the STCW Convention; 104.2. during the last year an examination of knowledge of the English language has been successfully passed at the Latvian Registry of Seamen in compliance with the requirements for the relevant qualification and sections of the STCW Code; 104.3. the applicant has worked for at least 12 months during the last five years or three months during the last six months according to the qualification and restrictions indicated in the qualification certificate, carrying out the duties corresponding to the qualification certificate, or has worked ashore in such a capacity, carrying out of work duties of which has allowed to retain the skills of the relevant qualification (for example, employee of a maritime institution); 104.4. the assessment commission has provided a positive assessment of the competency of the applicant in compliance with the level of qualification. [23 April 2013] 105. In order to revalidate the qualification of a master (except a master on ships of less than 500 and 200 GT), chief mate, chief engineer officer and second engineer officer, in addition to the conditions referred to in Paragraph 104 of this Regulation the applicant shall successfully acquire training programme “Competence Updating Courses” certified by the Ministry of Transport. [19 January 2016] 106. A seafarer who has repeatedly applied for the qualification referred to in Sub-paragraph 41.1, 41.5, 41.7, 55.1, 55.3 or 55.5 of this Regulation, shall take an examination of competence in accordance with Paragraph 79 of this Regulation, if the requirements referred to in Sub- paragraph 104.3 of this Regulation are not met. [23 April 2013] Translation © 2016 Valsts valodas centrs (State Language Centre) 28 107. For the revalidation of an issued qualification certificate an applicant shall submit an application to the Latvian Registry of Seamen, three photographs made in compliance with the requirements referred to in Annex 16 to this Regulation, and present the originals of the following documents (if the applicant is submitting such documents to the Latvian Registry of Seamen for the first time or their authenticity has not been verified): 107.1. a personal identification document; 107.2. an opinion regarding medical fitness of a seafarer for work on a ship; 107.3. the current qualification certificate; 107.4. a document certifying maritime vocational education; 107.5. documentary evidence and certificates of proficiency confirming the acquisition of the requirements of special competency in compliance with the requirements referred to in Annex 9 to this Regulation; 107.6. a document certifying seagoing service. [23 April 2013] 108. In order to verify the authenticity and validity of the documents referred to in Paragraph 107 of this Regulation, the conditions referred to in Paragraphs 100, 101 and 102 of this Regulation shall be applied. [23 April 2013] 109. The term of validity of a certificate of competency and an endorsement may be extended for up to 12 months, if the competency of the applicant concurrently conforms to the requirements referred to in Sub-paragraphs 104.1 and 104.3 of this Regulation and it is not restricted by the term of validity of the certificates of proficiency. [23 April 2013; 19 January 2016] 110. The Latvian Registry of Seamen shall issue a new endorsement to a master or an officer on a ship, who is carrying out watchkeeping duties, a new certificate of proficiency – to a rating who is carrying out watchkeeping duties, a new national certificate of competency – to other seafarers. [23 April 2013] 16. Recognition of a Qualification Certificate Issued in a Foreign Country [23 April 2013] 16.1. General Provisions 111. The Latvian Registry of Seamen shall issue an endorsement of attesting the recognition (Annex 10) in compliance with the requirements of Regulation I/10 of the STCW Convention to a master of a ship and an officer forming part of a watch who has a valid certificate of competency issued by the competent authority of a foreign country and endorsement thereof or a tanker certificate of proficiency, for work on ships flying the flag of Latvia. Only such qualification certificates issued by the competent authorities of a foreign country shall be recognised, which are valid for at least six more months and have been issued in a member state to the STCW Convention, which completely meets the requirements of the STCW Convention. [23 April 2013; 19 January 2016] 112. The endorsement of attesting the recognition of a qualification certificate issued in compliance with the requirements of Regulation I/10 of the STCW Convention for a qualification certificate of another foreign country shall not be the grounds for the recognition of such certificate in the Republic of Latvia. [19 January 2016] Translation © 2016 Valsts valodas centrs (State Language Centre) 29 113. In compliance with that specified in Regulation I/10, paragraph 5 of the STCW Convention the Latvian Registry of Seamen may allow a seafarer who has been issued the relevant documents of qualification in a foreign country and who has submitted the documents indicated in Paragraph 114 of this Regulation for receipt of an endorsement of attesting the recognition to the Latvian Registry of Seamen, may fill in a capacity on a ship flying the flag of Latvia for a time period up to three months. In such case the Latvian Registry of Seamen shall issue a certificate of receipt of application (Annex 11) to the seafarer. 114. For the receipt of an endorsement of attesting the recognition of a qualification certificate issued by a foreign country an applicant or a representative of the ship's owner shall submit the following documents to the Latvian Registry of Seamen: 114.1. an application (Annex 15) and a copy of a personal identification document; 114.2. copies of the certificate of competency and endorsement thereof; 114.3. a copy of an opinion regarding medical fitness of a seafarer for work on a ship; 114.4. two photographs made in compliance with the requirements referred to in Annex 16 to this Regulation; 114.5. a copy of the certificate of proficiency in tankers (if such has been issued); 114.6. a statement from the ship's owner or its representative confirming the planned work on the ship flying the flag of Latvia (indicating the name of the ship, the IMO number of the ship, the capacity of the applicant). [23 April 2013] 115. A master of a ship, chief mate, chief engineer officer, as well as second engineer officer certified in a foreign country who is applying for an endorsement of recognition of the qualification certificate shall confirm the knowledge of the legislation of the Republic of Latvia in the maritime industry. [23 April 2013] 116. The Ministry of Transport shall inform the member states to the STCW Convention, the qualification certificate of which may be recognised in the Republic of Latvia, regarding substantial changes in the system for the preparation and certification of seafarers. [23 April 2013] 16.2. Recognition of a Qualification Certificate Issued in a European Union Member State [23 April 2013] 117. The Latvian Registry of Seamen shall recognise a qualification certificate of a master of a ship and an officer who is carrying out watchkeeping duties, issued in a European Union Member State, in compliance with Regulation I/10 of the STCW Convention and the regulatory enactments of the Republic of Latvia regarding recognition of professional qualification. [23 April 2013] 16.3. Recognition of a Qualification Certificate Issued in a Third Country [23 April 2013] 118. The Latvian Registry of Seamen shall recognise a qualification certificate of a master of a ship and an officer who is carrying out watchkeeping duties, issued in a third country, according to Regulation I/10 of the STCW Convention and the requirements referred to in this Regulation. [23 April 2013] Translation © 2016 Valsts valodas centrs (State Language Centre) 30 119. The Latvian Registry of Seamen shall issue an endorsement of recognition to a qualification certificate issued in a third country, if the European Commission in co-operation with the European Maritime Safety Agency has recognised the country and, on the basis of a decision of the European Commission, it has been included in the list of recognised third countries, to be published by the European Commission in C series of the Official Journal of the European Union. [23 April 2013] 120. If it is planned to recognise a qualification certificate issued by a third country, however, such country has not been recognised yet in accordance with Paragraph 119 of this Regulation, the Latvian Registry of Seamen shall inform the Ministry of Transport thereof. The Ministry of Transport shall submit a request to the European Commission regarding recognition of the relevant third country. The Ministry of Transport is entitled to unilaterally take a decision on recognition of the qualification certificates issued by the relevant third country until the time when the European Commission takes a decision on the qualification certificates of the third country. [23 April 2013] 121. The Latvian Registry of Seamen shall inform the Ministry of Transport regarding a third country recognised in compliance with Paragraph 119 of this Regulation, which does not meet with the requirements of the STCW Convention. The Ministry of Transport shall inform the European Commission thereof. The Ministry of Transport shall inform the European Commission and other European Union Member States, if it is planned to revoke the endorsement of recognition of a qualification certificate issued by a third country. [23 April 2013] 122. [23 April 2013] 17. Alternative Certification of Seafarers 123. In conformity with the requirements of Chapter VII of the STCW Code regarding alternative certification of seafarers, the Latvian Registry of Seamen, taking into account the specificity of a ship of specific type or the acquisition of a special vocational preparation programme, is entitled to issue a qualification certificate joined with the qualification of a seafarer or a qualification certificate regarding special knowledge and competency of the person for work on the ship of special type, indicating in the qualification certificate. [23 April 2013] 123.1 In performing certification of seafarers in the cases referred to in Paragraph 167 or 168 of this Regulation, the Latvian Registry of Seamen, taking into account the specificity of a ship of specific type, is entitled not to apply the requirements referred to in Sub-paragraphs 43.2, 43.4, 57.2 and 57.3 of this Regulation, without reducing the total seagoing service. In such case the restrictions for the ship of special type shall be indicated in the certificate of competency or endorsement. [15 September 2009] 123.2 In performing certification of seafarers in the cases referred to in Paragraph 167 or 168 of this Regulation, the Latvian Registry of Seamen, taking into account the specificity of a ship of specific type, is entitled to grant the qualification indicated in Sub-paragraph 55.1 of this Regulation for restricted use, if the applicant to whom the qualification indicated in Sub- paragraph 55.2 of this Regulation has been granted has worked in the capacity of a chief Translation © 2016 Valsts valodas centrs (State Language Centre) 31 engineer officer for 12 months. In such case the restrictions for the ship of special type shall be indicated in the certificate of competency or endorsement. [15 September 2009] 123.3 Ship's navigators of such recreational ships, which are involved in commercial activities and carry out international voyages, shall be certified applying the requirements referred to in Paragraphs 79.1, 80 and 178 of this Regulation, and issue a relevant certificate of competency and endorsement of the STCW Convention, indicating the restrictions. [23 April 2013] Part D. Certification of the Personnel of a Fishing Vessel 18. General Provisions 124. This Part prescribes the requirements and procedures for certification of the personnel of fishing vessels and the personnel of fishing boats. 125. The owner and master of a fishing vessel shall be responsible for manning of the ship's crew with a personnel trained and certified according to the requirements of this Regulation, taking into account the length and propulsion power of the ship, the technical equipment of the ship and the fishing area. 19. Qualification of Ships' Navigators of Fishing Vessels and Minimum Requirements for the Applicants Thereto 126. The following professional qualification shall be granted to ships' navigators of fishing vessels: 126.1. master on fishing vessels of 45 metres in length or over in an unrestricted fishing area – is entitled to fill in the capacity of a master or any mate on any fishing vessel; 126.2. master on fishing vessels of less than 45 metres in length in an unrestricted fishing area – is entitled to fill in the capacity of a master or any mate on fishing vessels of less than 45 metres in length in an unrestricted fishing area; 126.3. master on fishing vessels of less than 45 metres in length in a restricted fishing area – is entitled to fill in the capacity of a master or any mate on fishing vessels of less than 45 metres in length in a restricted fishing area; 126.4. chief mate on fishing vessels of 45 metres in length or over in an unrestricted fishing area – is entitled to fill in the capacity of the chief mate or any other mate on any fishing vessel in an unrestricted fishing area; 126.5. officer in charge of a navigational watch on fishing vessels of 45 metres in length or over in an unrestricted fishing area – is entitled to fill in the capacity of the officer in charge of a navigational watch on any fishing vessel in an unrestricted fishing area; 126.6. officer in charge of a navigational watch on fishing vessels of less than 45 metres in length in an unrestricted fishing area – is entitled to fill in the capacity of the officer in charge of a navigational watch on fishing vessels of less than 45 metres in length in an unrestricted fishing area; 126.7. officer in charge of a navigational watch on fishing vessels of less than 45 metres in length in a restricted fishing area is entitled to fill in the capacity of the officer in charge of a navigational watch on fishing vessels of less than 45 metres in length in a restricted fishing area; 126.8. skipper – is entitled to fill in the capacity of a skipper on fishing vessels of less than 12 metres in length, or on fishing boats. Translation © 2016 Valsts valodas centrs (State Language Centre) 32 127. Requirements when applying for the qualification – master on fishing vessels of 45 metres in length or over in an unrestricted fishing area: 127.1. has acquired approved vocational education programme, certified by the Ministry of Transport and meeting the requirements of section A-II/1 of the STCW Code; 127.2. seagoing service – 18 months in the capacity of a mate on ships of over 12 metres in length, from which at least 12 months on fishing vessels of 45 metres in length or over, in the capacity of the chief mate in an unrestricted fishing area; 127.3. has acquired the qualification of radiocommunications personnel; 127.4. has passed the examination of competency. [19 January 2016] 128. Requirements when applying for the qualification – master on fishing vessels of less than 45 metres in length in an unrestricted fishing area: 128.1. has acquired accredited vocational education programme and preparation programme certified by the Ministry of Transport and meeting the requirements of section A- II/3 of the STCW Code, or an equivalent programme; 128.2. seagoing service – at least 12 months in the capacity of an officer in charge of a navigational watch on ships of over 12 metres in length, from which at least six months on fishing vessels in an unrestricted fishing area; 128.3. has acquired the qualification of radiocommunications personnel; 128.4. has passed the examination of competency. [19 January 2016] 129. Requirements when applying for the qualification – master on fishing vessels of less than 45 metres in length in a restricted fishing area: 129.1. has acquired accredited vocational education programme and preparation programme certified by the Ministry of Transport and meeting the requirements of section A- II/3 of the STCW Code, or an equivalent programme; 129.2. seagoing service – at least 12 months in the capacity of an officer in charge of a navigational watch on ships of over 12 metres in length, from which at least six months on fishing vessels; 129.3. has acquired the qualification of radiocommunications personnel; 129.4. has passed the examination of competency. [19 January 2016] 130. Requirements when applying for the qualification – chief mate on fishing vessels of 45 metres in length or over in an unrestricted fishing area: 130.1. has acquired accredited vocational education programme certified by the Ministry of Transport and meeting the requirements of section A-II/1 of the STCW Code, or an equivalent programme; 130.2. seagoing service – at least 12 months in the capacity of an officer in charge of a navigational watch on ships of over 12 metres in length, from which at least six months on fishing vessels of over 45 metres in length in an unrestricted fishing area; 130.3. has acquired the qualification of radiocommunications personnel; 130.4. has passed the examination of competency. [19 January 2016] 131. Requirements when applying for the qualification – officer in charge of a navigational watch on fishing vessels of 45 metres in length or over in an unrestricted fishing area: 131.1. has acquired accredited vocational education programme certified by the Ministry of Transport and meeting the requirements of section A-II/1 of the STCW Code, or an equivalent programme; Translation © 2016 Valsts valodas centrs (State Language Centre) 33  131.2. seagoing service – at least 12 months in the deck department on ships of over 12 metres in length, from which at least six months carrying out the duties of navigational watch under the supervision of the master or officer in charge of a navigational watch on fishing vessels in an unrestricted fishing area; 131.3. has acquired the qualification of radiocommunications personnel; 131.4. has passed the examination of competency. [19 January 2016] 132. Requirements when applying for the qualification – officer in charge of a navigational watch on fishing vessels of less than 45 metres in length in an unrestricted fishing area: 132.1. has acquired accredited vocational education programme certified by the Ministry of Transport and meeting the requirements of section A-II/3 of the STCW Code, or an equivalent programme; 132.2. seagoing service – six months in the deck department on fishing vessels of over 12 metres in length; 132.3. has acquired the qualification of radiocommunications personnel; 132.4. has passed the examination of competency. [19 January 2016] 133. Requirements when applying for the qualification – officer in charge of a navigational watch on fishing vessels of less than 45 metres in length in a restricted fishing area: 133.1. has acquired accredited vocational education programme certified by the Ministry of Transport and meeting the requirements of section A-II/3 of the STCW Code, or an equivalent programme; 133.2. seagoing service – six months in the deck department, from which at least three months on fishing vessels of over 12 metres in length; 133.3. has acquired the qualification of radiocommunications personnel; 133.4. has passed the examination of competency. [19 January 2016] 134. Requirements when applying for the qualification of a skipper: 134.1. has acquired training programme “Basic Training Course of a Skipper of Fishing Boats” certified by the Ministry of Transport or has acquired the basic safety training certified by the Ministry of Transport and the medical first aid training programme certified by the Ministry of Transport; 134.2. at least two months of practical work experience in the sea or a previously acquired skipper's qualification; 134.3. has passed the examination of competency. [19 January 2016] 20. Qualification of Ship's Engineers on Fishing Vessels and Minimum Requirements for the Applicants Thereto 135. The following qualification shall be granted to a ships' engineer on fishing vessels: 135.1. chief engineer officer on fishing vessels powered by main propulsion machinery of 3000 kW propulsion power or more – is entitled to fill in any capacity of engineer officer on fishing vessels without restrictions of main propulsion power; 135.2. chief engineer officer on fishing vessels powered by main propulsion machinery of less than 3000 kW propulsion power – is entitled to fill in the capacity of any engineer officer on fishing vessels powered by main propulsion machinery of less than 3000 kW propulsion power; Translation © 2016 Valsts valodas centrs (State Language Centre) 34  135.3. second engineer officer on fishing vessels powered by main propulsion machinery of 3000 kW propulsion power or more – is entitled to fill in the capacity of a second engineer officer or officer in charge of an engineering watch on fishing vessels without restrictions of main propulsion power; 135.4. second engineer officer on fishing vessels powered by main propulsion machinery of less than 3000 kW propulsion power – is entitled to fill in the capacity of a second engineer officer or officer in charge of an engineering watch on fishing vessels powered by main propulsion machinery of less than 3000 kW propulsion power; 135.5. officer in charge of an engineering watch on fishing vessels powered by main propulsion machinery of 750 kW propulsion power or more – is entitled to fill in the capacity of an officer in charge of an engineering watch on fishing vessels powered by main propulsion machinery of 750 kW propulsion power or more; 135.6. engineer officer on fishing vessels powered by main propulsion machinery of less than 750 kW propulsion power – is entitled to fill in the capacity of an engineer officer on the ship on fishing vessels powered by main propulsion machinery of less than 750 kW propulsion power; 135.7. engineer officer on fishing vessels powered by main propulsion machinery of less than 300 kW propulsion power – is entitled to fill in the capacity of an engineer officer on the ship on fishing vessels powered by main propulsion machinery of less than 300 kW propulsion power. 136. Requirements when applying for the qualification – chief engineer officer on fishing vessels powered by main propulsion machinery of 3000 kW propulsion power or more: 136.1. has acquired accredited vocational education programme certified by the Ministry of Transport and meeting the requirements of section A-III/3 or A-III/1 of the STCW Code, or an equivalent programme; 136.2. seagoing service – 24 months in the capacity of an officer in charge of an engineering watch on vessels powered by main propulsion machinery of more than 750 kW propulsion power, from which not less 12 months in the capacity of a second engineer officer on ships powered by main propulsion machinery of not less than 3000 kW propulsion power; 136.3. has passed the examination of competency. 137. Requirements when applying for the qualification – chief engineer officer on fishing vessels powered by main propulsion machinery of less than 3000 kW propulsion power: 137.1. has acquired accredited vocational education programme certified by the Ministry of Transport and meeting the requirements of section A-III/1 of the STCW Code, or an equivalent programme; 137.2. seagoing service – 24 months in the capacity of an engineer officer on vessels powered by main propulsion machinery of more than 300 kW propulsion power, from which not less than 12 months in the capacity of a second engineer officer on ships powered by main propulsion machinery of more than 750 kW propulsion power; 137.3. has passed the examination of competency. 138. Requirements when applying for the qualification – second engineer officer on fishing vessels powered by main propulsion machinery of 3000 kW propulsion power or more: 138.1. has acquired accredited vocational education programme certified by the Ministry of Transport and meeting the requirements of section A-III/1 or A-III/3 of the STCW Code, or an equivalent programme; 138.2. seagoing service – 12 months in the capacity of an officer in charge of an engineering watch on ships powered by main propulsion machinery of more than 750 kW propulsion power; 138.3. has passed the examination of competency. Translation © 2016 Valsts valodas centrs (State Language Centre) 35 139. Requirements when applying for the qualification – second engineer officer on fishing vessels powered by main propulsion machinery of less than 3000 kW propulsion power: 139.1. has acquired accredited vocational education programme certified by the Ministry of Transport and meeting the requirements of section A-III/1 of the STCW Code, or an equivalent programme; 139.2. seagoing service – at least 12 months in the capacity of an officer in charge of an engineering watch on ships powered by main propulsion machinery of more than 300 kW propulsion power; 139.3. has passed the examination of competency. 140. Requirements when applying for the qualification – officer in charge of an engineering watch on fishing vessels powered by main propulsion machinery of 750 kW propulsion power or more: 140.1. has acquired accredited vocational education programme certified by the Ministry of Transport and meeting the requirements of section A-III/1 of the STCW Code, or an equivalent programme; 140.2. seagoing service – six months in the composition of the engine department on ships powered by main propulsion machinery of 300 kW propulsion power or more; 140.3. has passed the examination of competency. 141. Requirements when applying for the qualification – engineer officer on fishing vessels powered by main propulsion machinery of less than 750 kW propulsion power: 141.1. has acquired accredited programme for ships' engineers, certified by the Ministry of Transport, for work with engines of less than 750 kW; 141.2. seagoing service – four months in the composition of the engine department on ships at sea; 141.3. has passed the examination of competency. 142. Requirements when applying for the qualification – engineer officer on fishing vessels powered by main propulsion machinery of less than 300 kW propulsion power: 142.1. has acquired accredited programme for ships' engineers, certified by the Ministry of Transport, for work with engines of less than 300 kW; 142.2. seagoing service – four months in the composition of the engine department on ships at sea; 142.3. has passed the examination of competency. 21. Qualification of Rating Personnel of Fishing Vessels and Minimum Requirements for the Applicants Thereto 143. The following qualification shall be granted to the rating personnel of fishing vessels: 143.1. fisher – is entitled to fill in the capacity of a fisher on fishing vessels; 143.2. seaman on a fishing vessel – is entitled to fill in the capacity of a rating forming part of a navigational watch on fishing vessels; 143.3. motorman on a fishing vessel – is entitled to fill in the capacity of a rating forming part of an engine-room watch on fishing vessels; 143.4. chief trawl operator – is entitled to fill in the capacity of the chief trawl operator on fishing vessels of over 45 metres in length; 143.5. skilled fisher – is entitled to fill in the capacity of a skilled fisher on fishing vessels of 45 metres in length or less. 144. Requirements when applying for the qualification of a fisher: Translation © 2016 Valsts valodas centrs (State Language Centre) 36  144.1. has acquired training programme for fisher certified by the Ministry of Transport or an equivalent programme, or two-month practical training on a ship at sea; 144.2. seagoing service – at least two months in the deck department on a fishing vessel at sea; 144.3. has passed the examination of competency. [15 September 2009] 145. Requirements when applying for the qualification of a seaman on a fishing vessel: 145.1. has acquired training programme for seamen certified by the Ministry of Transport or six-month practical training on a ship; 145.2. seagoing service – two months in the deck department on a ship at sea; 145.3. has passed the examination of competency. 146. Requirements when applying for the qualification of a motorman on a fishing vessel: 146.1. has acquired training programme for motorman certified by the Ministry of Transport, or six-month practical training on a ship; 146.2. seagoing service – two months in the composition of the engine department on a ship at sea; 146.3. has passed the examination of competency. 147. Requirements when applying for the qualification of a chief trawl operator: 147.1. has acquired programme for trawl operators, including deep-sea trawling, in an institution of secondary or higher education; 147.2. seagoing service – four months of maritime practice on fishing vessels in an unrestricted fishing area; 147.3. has passed the examination of competency. 148. Requirements when applying for the qualification of a skilled fisher: 148.1. has acquired programme for skilled fishers in courses or practical training on a fishing vessel; 148.2. seagoing service – 12 months in the capacity of a fisher on a ship at sea; 148.3. has passed the examination of competency. 22. Additional Special Competency Requirements for the Personnel of a Fishing Vessel 149. The personnel of a fishing vessel shall acquire the basic safety training certified by the Ministry of Transport or training programme "Basic Safety Training for the Personnel of a Fishing Vessel". After the acquisition of the training programme "Basic Safety Training for the Personnel of a Fishing Vessel" the educational or training institution shall issue a certificate with an unlimited term of validity. [19 January 2016] 150. In order to grant the qualification to the personnel of a fishing vessel for work on fishing vessels of over 45 metres in length or powered by main propulsion machinery of more than 3000 kW propulsion power, the personnel shall acquire the following training programmes certified by the Ministry of Transport: 150.1. the radiolocation and ARPA training programme – masters and mates; 150.2. the medical care programme – masters and chief mates; 150.3. the medical first aid programme – mates and engineer officers; 150.4. the training in advanced fire-fighting management – masters, chiefs and engineer officers; 150.5. programme for handling survival craft and rescue boats – masters and mates. Translation © 2016 Valsts valodas centrs (State Language Centre) 37 151. In order to grant the qualification to the personnel of a fishing vessel for work on fishing vessels of less than 45 metres in length and powered by main propulsion machinery of propulsion power from 750 to 3000 kW (inclusive) in an unrestricted fishing area, the personnel shall acquire the following training programmes certified by the Ministry of Transport: 151.1. the radiolocation training programme – masters and mates; 151.2. the medical first aid programme – masters, mates and engineer officers; 151.3. the training in advanced fire-fighting management – masters; 151.4. programme for handling survival craft and rescue boats – masters and mates. 152. In order to grant the qualification to the personnel of a fishing vessel for work on fishing vessels of less than 45 metres in length and powered by main propulsion machinery of less than 750 kW propulsion power in a restricted fishing area, the personnel shall acquire the following training programmes certified by the Ministry of Transport: 152.1. the radiolocation training programme – masters and mates; 152.2. the medical first aid programme – masters; 152.3. the training in advanced fire-fighting management – masters. [19 January 2016] 23. Issuance of a Qualification Certificate and Recognition of a Qualification Certificate Issued in a Foreign Country [19 January 2016] 153. For the receipt of a qualification certificate (Annex 12) an applicant shall submit an application to the Latvian Registry of Seamen, two photographs made in compliance with the requirements referred to in Annex 16 to this Regulation, and present the originals of the following documents (if the applicant is submitting such documents to the Latvian Registry of Seamen for the first time or their authenticity has not been verified): 153.1. a personal identification document; 153.2. an opinion regarding medical fitness of a seafarer for work on a ship; 153.3. the current qualification certificate (if any); 153.4. a document certifying maritime vocational education; 153.5. a document certifying seagoing service; 153.6. special certificates of training courses in compliance with the requirements of Chapter 22 of this Regulation. [13 November 2007; 23 April 2013; 19 January 2016] 154. In order to verify the authenticity and validity of the documents referred to in Paragraph 153 of this Regulation, the conditions referred to in Paragraphs 100 and 101 of this Regulation shall be applied. [23 April 2013] 154.1 The assessment commission shall assess the competency of the personnel of a fishing vessel in accordance with the criteria and methodology laid down in the STCW-F Convention. After assessment of the competency an assessment protocol (Annex 8) shall be drawn up in compliance with the requirements referred to in Paragraph 80 of this Regulation. [23 April 2013; 19 January 2016] 155. The qualification certificate, which has been issued in compliance with the requirements of Parts B and C of this Regulation (with the STCW Convention), shall be valid for work on Translation © 2016 Valsts valodas centrs (State Language Centre) 38 fishing vessels, taking into account the voyages area and the size or propulsion power of the vessel. A respective entry shall be made in the qualification certificate of the ships' navigator. [19 January 2016] 156. The Latvian Registry of Seamen shall issue an endorsement of the recognition (Annex 13) in compliance with the requirements of Regulation I/3, paragraphs 5 and 6 of the STCW-F Convention to a master and an officer of a fishing vessel who has a valid qualification certificate issued by the competent authority of a Member State to the STCW-F Convention for work on fishing vessels flying the flag of Latvia. Such qualification certificate shall be recognised which is valid for at least six more months. The master of a fishing vessel, applying for the endorsement of attesting the recognition shall confirm the knowledge of the legislation of the Republic of Latvia related to fishing. [19 January 2016] 157. For the receipt of an endorsement of the recognition the applicant or representative of the owner of the ship shall submit to the Latvian Registry of Seamen the documents indicated in Paragraph 114 of this Regulation. After the submission of the documents the Latvian Registry of Seamen may permit a seafarer to serve on a ship flying the flag of Latvia for a period of up to three months. In such case the Latvian Registry of Seamen shall issue a certificate of receipt of application (Annex 11) to the seafarer. [19 January 2016] 157.1 If a master and an officer of a fishing vessel has a valid qualification certificate issued by a Member State of the European Union, other than a Member State of the STCW-F Convention, the Latvian Registry of Seamen shall assess the competency of the master or officer of the ship in accordance with the requirements of the STCW-F Convention. [19 January 2016] 24. Revalidation of a Certificate of Competency 158. The master, officers and ratings of a fishing vessel who have been certified in accordance with the requirements of the provisions of this Part shall, not less than once every five years, and skippers shall, not less than once every 10 years, prove the conformity of their professional competency with the requirements referred to in this Regulation, attesting their qualification for work on a fishing vessel or fishing boat at sea and receiving a revalidated certificate of competency. [23 April 2013] 159. Conditions for the issuance of a revalidated certificate of competency: 159.1. the current certificate has been issued in the Latvian Registry of Seamen; 159.2. during the last five years the applicant has worked in the relevant capacity on fishing vessels at sea for not less than one year or carried out functions, which are deemed as equivalent by the Latvian Registry of Seamen; 159.3. the assessment commission has successfully assessed the competency of the applicant in compliance with the level of qualification thereof. [19 January 2016] 160. For the revalidation of an issued certificate of competency an applicant shall submit an application to the Latvian Registry of Seamen, two photographs made in compliance with the requirements referred to in Annex 16 to this Regulation, and present the originals of the following documents (if the applicant is submitting such documents to the Latvian Registry of Seamen for the first time or their authenticity has not been verified): Translation © 2016 Valsts valodas centrs (State Language Centre) 39  160.1. a personal identification document; 160.2. the current certificate of competency; 160.3. an opinion regarding medical fitness of a seafarer for work on a ship; 160.4. certificates of special training and courses, which are necessary for the acquisition of the relevant qualification; 160.5. a document certifying seagoing service. [13 November 2007; 16 August 2011; 23 April 2013] 161. In order to revalidate an issued certificate of competency to a seafarer in accordance with the procedures specified in this Chapter, the conditions of Paragraphs 100, 101 and 154.1 of this Regulation shall be applied. [13 November 2007; 23 April 2013] 162. Applicants for the revalidation of an issued certificate of competency who have received certificates of competency prior to the coming into force of this Regulation and whose vocational education does not conform to the requirements provided for in this Regulation, are entitled to receive a revalidation of certificate of competency without additional conditions in compliance with the requirements specified in Paragraph 159 of this Regulation. Part E. Certification of the Personnel of Inland Waterway Vessels of the Republic of Latvia 25. General Provisions 163. This Part prescribes the certification procedures for the personnel, which has not been certified in compliance with the requirements of the STCW Convention and which is working on self-propelled inland waterway vessels of the Republic of Latvia registered in the Register of Ships and involved in commercial activities (hereinafter – the inland waterway vessels). 164. The requirements of this Part shall not be applied to the personnel of a floating object of inland waters, if the floating object is not self-propelled (for example, floating workshop, barge). The qualification requirements for such personnel shall be determined by the owner of the floating object, and the requirements shall ensure work and navigation safety, environmental protection and shall conform to the requirements of the regulatory enactments regarding work on ships. 165. The qualification of the personnel of inland waterway vessels shall be confirmed by a national certificate of competency (Annex 6) issued by the Latvian Registry of Seamen with the term of validity of five years. [19 January 2016] 166. The certified seafarers shall fill in a capacity corresponding to the qualification on an inland waterway vessel of the relevant gross tonnage or propulsion power, if the special training provided for in Chapter 27 of this Regulation for the personnel of the relevant type of the ship has been acquired. 167. If a master or officer is working on port fleet ships involved in the national contingency plan for combating oil pollution or in the search and rescue plan, or also carries out activities outside the port basin, as well as on other inland waterway vessels with propulsion power over 3000 kW, they shall be certified in compliance with the requirements of the STCW Convention. [13 November 2007] Translation © 2016 Valsts valodas centrs (State Language Centre) 40 168. If inland waterway vessels leave for the gulf, the masters and mates thereof shall be certified in compliance with the requirements of the STCW Convention for seafarers working on seagoing ships in the near-coastal voyages area. [13 November 2007] 169. A crew member of inland waterway vessels who has been issued a certificate of competency conforming to the STCW Convention is also entitled to apply for a qualification conforming to the STCW Convention henceforth, confirming the competency in compliance with Part C of this Regulation. 170. Upon issuing a certificate of competency conforming to the STCW Convention in the case referred to in Paragraphs 167, 168 and 169 of this Regulation, the Latvian Registry of Seamen is entitled to specify restrictions in the endorsement in relation to the type of the ship, if the competency in any of the functions does not completely conform to the relevant requirements of the STCW Code. [19 January 2016] 26. Minimum Requirements for the Qualification of the Personnel of Inland Waterway Vessels 171. The following professional qualification shall be granted to the master and officer on an inland waterway vessel: 171.1. master on inland waterway vessels; 171.2. navigational watch officer on inland waterway vessels; 171.3. chief engineer officer on inland waterway vessels; 171.4. engineer officer on inland waterway vessels. 172. The master and chief of an inland waterway vessel shall be issued a certificate of competency with the following restrictions of tonnage of the vessel: 172.1. for vessels of less than 3000 GT (up to 3000 GT); 172.2. for vessels of less than 500 GT (up to 500 GT); 172.3. for vessels of less than 200 GT (up to 200 GT); 172.4. for vessels of less than 50 GT. [13 November 2007] 173. The engineer officer on an inland waterway vessel shall be issued a certificate of competency with the following restrictions of propulsion power: 173.1. the main propulsion machinery of less than 3000 kW propulsion power (up to 3000 kW); 173.2. the main propulsion machinery of less than 1000 kW propulsion power (up to 1000 kW); 173.3. the main propulsion machinery of less than 300 kW propulsion power (up to 300 kW). [13 November 2007] 174. The following professional qualification shall be granted to the inland waterway rating personnel: 174.1. a seaman on inland waterway vessels; 174.2. a motorman on inland waterway vessels. 175. Requirements when applying for the qualification – master on inland waterway vessels of less than 3000 GT: Translation © 2016 Valsts valodas centrs (State Language Centre) 41  175.1. has acquired accredited vocational education programme certified by the Ministry of Transport and meeting the requirements of section A-II/3 of the STCW Code, or an equivalent programme; 175.2. seagoing service – 12 months in the capacity of a mate on ships over 500 GT, or 12 months in the capacity of a master on ships over 200 GT; 175.3. has acquired the qualification of radiocommunications personnel; 175.4. has passed the qualification examination. [13 November 2007; 19 January 2016] 176. Requirements when applying for the qualification – master on inland waterway vessels of less than 500 GT: 176.1. has acquired accredited vocational education programme certified by the Ministry of Transport and meeting the requirements of section A-II/3 of the STCW Code, or an equivalent programme; 176.2. seagoing service – 12 months in the capacity of a mate on ships over 200 GT, or 12 months in the capacity of a master on ships of 200 GT or less; 176.3. has acquired the qualification of radiocommunications personnel; 176.4. has passed the qualification examination. [13 November 2007; 19 January 2016] 177. Requirements when applying for the qualification – master on inland waterway vessels of less than 200 GT: 177.1. has acquired special training course according to an accredited ship's navigator programme on ships of less than 200 GT certified by the Ministry of Transport, or an equivalent programme; 177.2. seagoing service – six months in the capacity of a master's trainee on ships over 50 GT, or four months in the capacity of a master on ships of 50 GT or less; 177.3. has acquired the qualification of radiocommunications personnel; 177.4. has passed the qualification examination. [13 November 2007; 19 January 2016] 178. Requirements when applying for the qualification – master on inland waterway vessels of less than 50 GT: 178.1. has acquired special training course according to an accredited ship's navigator programme on ships of less than 50 GT certified by the Ministry of Transport; 178.2. seagoing service – two months in the capacity of a master's trainee; 178.3. has acquired the qualification of radiocommunications personnel; 178.4. has passed the qualification examination. [13 November 2007; 23 April 2013; 19 January 2016] 179. Requirements when applying for the qualification – navigational watch officer (master's mate) on inland waterway vessels: 179.1. has acquired accredited ship's navigator vocational education programme according to the tonnage of the ship certified by the Ministry of Transport, or an equivalent programme; 179.2. seagoing service – six-month training practice or work in the capacity of a seaman on ships; 179.3. has acquired the qualification of radiocommunications personnel; 179.4. has passed the qualification examination. [19 January 2016] Translation © 2016 Valsts valodas centrs (State Language Centre) 42 179.1 Requirements when applying for the qualification – chief engineer officer on inland waterway vessels powered by main propulsion machinery of less than 3000 kW propulsion power (up to 3000 kW): 179.1 1. has acquired accredited vocational education programme for ships' engineers, certified by the Ministry of Transport, on ships powered by main propulsion machinery of 750 kW propulsion power or more, or an equivalent programme; 179.1 2. seagoing service – 12 months in the capacity of an engineer officer on the ship on ships powered by main propulsion machinery of more than 300 kW propulsion power; 179.1 3. has passed the qualification examination. [13 November 2007] 180. Requirements when applying for the qualification – chief engineer officer on inland waterway vessels powered by main propulsion machinery of less than 1000 kW propulsion power: 180.1. has acquired accredited vocational education programme for engineer officers on ships, certified by the Ministry of Transport, on ships powered by main propulsion machinery of less than 750 kW propulsion power, or an equivalent programme; 180.2. seagoing service – six months in the capacity of an engineer officer on the ship on ships powered by main propulsion machinery of more than 300 kW propulsion power; 180.3. has passed the qualification examination. 180.1 Requirements when applying for the qualification – engineer officer on inland waterway vessels powered by main propulsion machinery of less than 3000 kW propulsion power (up to 3000 kW): 180.1 1. has acquired accredited vocational education programme for engineer officers on a ship, certified by the Ministry of Transport, on ships powered by main propulsion machinery of 750 kW propulsion power or more, or an equivalent programme; 180.1 2. seagoing service – six months in the capacity of a trainee or a motorman on a ship; 180.1 3. has passed the qualification examination. [13 November 2007] 181. Requirements when applying for the qualification – engineer officer on inland waterway vessels powered by main propulsion machinery of less than 1000 kW propulsion power: 181.1. has acquired accredited vocational education programme for engineer officers on ships, certified by the Ministry of Transport, on ships powered by main propulsion machinery of less than 750 kW propulsion power, or an equivalent programme; 181.2. seagoing service – six months in the capacity of a trainee or a motorman on a ship; 181.3. has passed the qualification examination. 182. Requirements when applying for the qualification – engineer officer on inland waterway vessels powered by main propulsion machinery of less than 300 kW propulsion power: 182.1. has acquired accredited vocational education programme for engineer officers on ships, certified by the Ministry of Transport, on ships powered by main propulsion machinery of less than 300 kW propulsion power, or an equivalent programme; 182.2. seagoing service – two months in the capacity of a trainee or a motorman on a ship; 182.3. has passed the qualification examination. 183. Requirements when applying for the qualification – seaman on inland waterway vessels: Translation © 2016 Valsts valodas centrs (State Language Centre) 43  183.1. has acquired accredited courses for seamen, certified by the Ministry of Transport, or six-month practical work on ship; 183.2. seagoing service – month of work practice on ship; 183.3. has passed the qualification examination. 184. Requirements when applying for the qualification - motorman on inland waterway vessels: 184.1. has acquired accredited courses for motormen, certified by the Ministry of Transport, or six-month practical work on ship; 184.2. seagoing service – month of work practice on ship; 184.3. has passed the qualification examination. 185. The Latvian Registry of Seamen is entitled to issue the national certificate of competency, indicating therein a joint qualification of master-engineer officer, navigational watch officer- engineer or seaman-motorman on inland waterway vessels to persons who have complied with the requirements for the relevant qualification. 186. In order to receive the national certificate of competency with joint qualification, the master and navigational watch officer on an inland waterway vessel must acquire special training courses for ship's engineers in compliance to a programme certified by the Ministry of Transport on ships powered by main propulsion machinery of 300 kW propulsion power or more. Seamen-motormen must have the skills of practical work in both specialities. 187. A certificate of competency, which has been issued in compliance with Part C of this Regulation, in accordance with the requirements of the STCW Convention shall grant the right to the holder thereof to hold a capacity on inland waterway vessels in compliance with the tonnage or propulsion power of the ship indicated in the certificate of competency. 27. Special Competency Requirements 188. The personnel of inland waterway vessels shall acquire the basic safety training in compliance with the programmes certified by the Ministry of Transport. 189. In addition the personnel of inland waterway passenger vessels shall acquire crowd management in compliance with the programmes certified by the Ministry of Transport. 190. In addition the personnel of inland tankers, taking into account the specificity of the tanker, shall acquire the training programme “Basic Training for Oil and Chemical Tanker Cargo Operations” or “Basic Training for Liquefied Gas Tanker Cargo Operations”, certified by the Ministry of Transport. [23 April 2013] 191. In addition the master and officer on inland tankers shall acquire advanced training for tankers and training in advanced fire-fighting in compliance with the programmes certified by the Ministry of Transport. 192. If a ship is involved in the port fire-fighting plan, in addition the master and officer thereof shall acquire training in advanced fire-fighting in compliance with the programmes certified by the Ministry of Transport. 193. The owner of the ship shall be responsible for the compliance with the requirements referred to in Paragraphs 189, 190, 191 and 192 of this Regulation. Translation © 2016 Valsts valodas centrs (State Language Centre) 44  28. Issuance of a Certificate of Competency 194. The competency of the seafarers referred to in Paragraphs 167, 168 and 169 of this Regulation shall be assessed by the assessment commission in compliance with the requirements of Part C of this Regulation and a certificate of competency corresponding to the STCW Convention shall be issued. 195. The competency of the remaining personnel of inland waterway vessels shall be assessed by the port assessment commission, which prior to assessment of the competency shall examine the documents submitted by the applicant and, if necessary, request that the Latvian Registry of Seamen verifies the authenticity of the documents. [13 November 2007] 196. The port assessment commission shall submit a protocol of assessment to the Latvian Registry of Seamen. The port assessment commission shall indicate in the protocol of assessment the restrictions to be included in the certificate of competency in relation to the gross tonnage and propulsion power of a ship. 197. For the receipt of a national certificate of competency an applicant shall submit an application to the Latvian Registry of Seamen (Annex 4), two photographs made in compliance with the requirements referred to in Annex 16 to this Regulation, and present the originals of the following documents (if the applicant is submitting such documents to the Latvian Registry of Seamen for the first time or their authenticity has not been verified): 197.1. a personal identification document; 197.2. a document certifying the acquisition of education or training courses; 197.3. the current certificate of competency; 197.4. the certificate of proficiency in basic safety training; 197.5. an opinion regarding medical fitness of a seafarer for work on a ship; 197.6. a document certifying seagoing service. Seagoing service shall be assessed according to Paragraph 102 of this Regulation. [13 November 2007; 16 August 2011; 23 April 2013] 198. The Latvian Registry of Seamen shall verify the authenticity and validity of the documents indicated in Paragraph 197 of this Regulation in compliance with the conditions of Paragraphs 100 and 101 of this Regulation. 199. If the results of verification confirm the conformity of the documents and the port assessment protocol confirms the conformity of the competency of the applicant with the relevant qualification, the Latvian Registry of Seamen shall issue a certificate of competency. 29. Recognition of a Certificate of Competency Issued in a European Union Member State 200. The Latvian Registry of Seamen shall verify the authenticity of certificates of competency of the personnel of inland waterway vessels issued in European Union Member States by officially requesting an endorsement of the issuing authority of the certificate. Masters of ships shall be required to have knowledge of the regulatory enactments of Latvia in accordance with the competency thereof and the official language in accordance with the laws and regulations regarding the official language. The Latvian Registry of Seamen shall issue an endorsement of the recognition of the certificate of competency (Annex 14) to masters and officers on inland waterway vessels whose foreign certificates are being recognised. [19 January 2016] Translation © 2016 Valsts valodas centrs (State Language Centre) 45 201. For the receipt of an endorsement of the recognition of the certificate of competency the applicant or representative of the owner of the ship shall submit the documents indicated in Paragraph 114 of this Regulation. 30. Revalidation of a National Certificate of Competency 202. A master, officer and rating personnel, which has been certified in compliance with the requirements of this Part, of inland waterway vessels shall, not less than once every five years certify the conformity of their professional competency with the requirements of this Regulation, attesting their qualification for work on inland waterway vessels and receiving a revalidation of certificate of competency. 203. The requirements of Chapter 28 of this Regulation shall be applied to the revalidation of national certificate of competency. Part F. Detention, Suspension of Operation, Renewal of Operation, Cancellation, Recognition as Invalid and Refusal of Issuance of Documents [23 April 2013] 31. Detention and Suspension of Operation 204. The Latvian Registry of Seamen shall detain a qualification certificate if: 204.1. there are suspicions that amendments or unauthorised entries have been made or false information has been provided in the qualification certificate or the document, without which the relevant qualification certificate could not be issued – for the time of investigation, but not more than for four months; 204.2. the qualification certificate or the document, without which the relevant qualification certificate could not be issued, has not been registered in the register of the issuing authority indicated therein and the issuing authority does not confirm the issuance thereof – for the time of investigation, but not more than for four months; 204.3. the qualification certificate or the document, without which the relevant qualification certificate could not be issued, contains signs of forgery or false information – for the time of investigation, but not more than for one year; 204.4. it has been requested by a law enforcement institution in writing – for the time period indicated in the request or, if any, for one year; 204.5. if the report referred to in Chapter 34 of this Regulation has been received and the Latvian Registry of Seamen has initiated an investigation – for the time of investigation, but not more than for four months; 204.6. the seafarer is a suspect or accused in a criminal case in an accident at sea – for the time period up to the moment when the final adjudication in the criminal case enters into effect; 204.7. the doctor of seafarers has revoked his or her opinion regarding medical fitness of a seafarer for work on a ship and has notified the Latvian Registry of Seamen thereof – for the time period until repeat examination of the state of health and issuance of a new opinion regarding medical fitness of a seafarer for work on a ship; 204.8. information has been received that the seafarer has violated the restrictions for the use of alcohol or the prohibition of the use of narcotic and psychotropic substances specified in regulatory enactments during working hours while on the ship – for the time of investigation, but not more than for four months; Translation © 2016 Valsts valodas centrs (State Language Centre) 46  204.9. there are suspicions of intentional damaging or negligent storage of the qualification certificate – for the time of investigation, but not more than for four months. 204.1 In the cases and within the time period referred to in Sub-paragraphs 204.1, 204.2, 204.3 and 204.4 of this Regulation the Latvian Registry of Seamen shall also detain documents, without which the relevant qualification certificate could not be issued. 205. If the qualification certificate has not been submitted to the Latvian Registry of Seamen, in the cases referred to in Paragraph 204 of this Regulation the operation of the qualification certificate shall be suspended for the referred to time period. 32. Cancellation 206. The Latvian Registry of Seamen shall cancel a qualification certificate or a certificate of receipt of application (Annex 11) (hereinafter – the certificate of receipt of application) if: 206.1. incompetency, act or omission by the holder of the qualification certificate or the certificate of receipt of application, that poses a threat to life or property at sea or to the marine environment, or may pose a direct threat to life or property at sea or to the marine environment has been detected; 206.2. forgery of the qualification certificate has been detected or any of the documents, without which the relevant qualification certificate could not be issued, has been forged; 206.3. it has been detected that corrections or unauthorised entries have been made or false information has been provided in the qualification certificate, certificate of receipt of application or any of the documents, without which the relevant qualification certificate or certificate of receipt of application could not be issued; 206.4. the seafarer has worked on a ship using a qualification certificate, the operation of which has been suspended; 206.5. the operation of the qualification certificate has not been renewed within the time period referred to in Paragraph 204 of this Regulation; 206.6. it has been detected that the seafarer has violated the restrictions for the use of alcohol or the prohibition of the use of narcotic and psychotropic substances specified in regulatory enactments during working hours while on the ship; 206.7. intentional damaging or negligent storage of the qualification certificate has been detected. 207. In case of cancellation of an endorsement only the endorsement shall cease to be in effect. The seafarer shall receive a new endorsement after successful passing of the competency assessment examination. [19 January 2016] 33. Recognition as Invalid 208. In case if the qualification certificate is lost, destroyed, stolen or robbed, the seafarer shall inform the Latvian Registry of Seamen thereof. The Latvian Registry of Seamen shall recognise the qualification certificate as invalid. In case of stealing or robbery the seafarer shall, in addition, submit a report of a law enforcement institution to the Latvian Registry of Seamen. 209. The Latvian Registry of Seamen shall also deem invalid a qualification certificate in case of death of the seafarer and a qualification certificate, which has not been submitted by the seafarer to the Latvian Registry of Seamen according to Paragraph 216 of this Regulation. 34. Investigation of a Report Translation © 2016 Valsts valodas centrs (State Language Centre) 47 210. In compliance with the requirements of Regulation I/5, paragraphs 1 and 3 of the STCW Convention, and also the requirements of section 7.1 of the STWCW-F Convention the Latvian Registry of Seamen shall investigate a reported incompetency, act or omission, that poses a direct threat to safety of life or property at sea or to the marine environment, or may pose a direct threat to safety of life or property at sea or to the marine environment, if the person continues carrying out of the duties according to the qualification specified in the qualification certificate. [19 January 2016] 211. If during an investigation of a report a serious lack of competency (for example, causing of emergency conditions, inability to carry out the direct service duties, violation has been committed under the influence of alcohol) is detected, the Latvian Registry of Seamen shall initiate an investigation inviting three independent experts that have been included in the list approved by the Minister of Transport referred to in Paragraph 7 of this Regulation, and take a decision on detention or suspension of operation of the qualification certificate of the seafarer. 212. During an investigation the Latvian Registry of Seamen and the invited independent experts shall assess the conformity of the competency of the seafarer with the qualification certificate received thereby and the capacity and draw up a deed of investigation. 213. A representative of the owner of the ship and the seafarer whose case is being reviewed shall be invited to participate in review of the report. Failure to arrive of such persons shall not affect taking of the decision of the Latvian Registry of Seamen in the particular case – renewal of the operation of the qualification certificate or cancellation thereof according to Sub- paragraph 206.1 of this Regulation. 35. Decision on Detention, Suspension of Operation, Renewal, Cancellation, Recognition as Invalid of a Qualification Certificate and Refusal to Issue a Qualification Certificate 214. The Latvian Registry of Seamen shall take a decision on renewal of the operation of the qualification certificate or cancellation thereof within the time period referred to in Sub- paragraphs 204.1, 204.2, 204.3, 204.4, 204.5, 204.8 and 204.9 of this Regulation, but in Sub- paragraphs 204.6 and 204.7 of this Regulation – after setting in of the referred to time period. 215. The Latvian Registry of Seamen is entitled to notify a decision on detention, suspension of operation, renewal of operation, cancellation or recognition as invalid of a qualification certificate, or a decision on cancellation of a certificate of receipt of application to the owner of the ship or the operator, on ship of which the seafarer is working, and to merchants which provide recruitment and placement services in manning the ship's crew. 216. A seafarer shall, within 15 days from the day when a decision on cancellation of a qualification certificate or certificate of receipt of application has entered into effect, hand the qualification certificate or certificate of receipt of application over to the Latvian Registry of Seamen. 217. After a decision on detention, suspension of operation, cancellation or recognition as invalid of a qualification certificate has entered into effect, the seafarer does not have the right to hold a relevant capacity or to carry out work duties on a ship on the basis of such document, as well as to use the qualification certificate in any other way. Translation © 2016 Valsts valodas centrs (State Language Centre) 48 218. After a decision on cancellation of a certificate of receipt of application or cancellation of an endorsement of the recognition of the foreign certificate of competency has entered into effect, the seafarer does not have the right to hold a relevant capacity on a ship flying the flag of Latvia and to repeatedly apply to endorsement of the recognition of the certificate of competency. 219. The Latvian Registry of Seamen has the right, in the decision on cancellation of a qualification certificate, to impose a prohibition to the seafarer to apply for the qualifications specified in this Regulation for a time period up to three years. 220. Information regarding a decision on recognition of a qualification certificate as invalid shall be published in the official newspaper “Latvijas Vēstnesis” [the official Gazette of the Government of Latvia]. In the case referred to in Paragraph 208 of this Regulation the publication shall be ensured by the seafarer, but in the case referred to in Paragraph 209 of this Regulation – by the Latvian Registry of Seamen. After publication and receipt of an application of the seafarer if the qualification certificate has not been cancelled, the Latvian Registry of Seamen shall issue a new qualification certificate with new registration number, retaining the term of validity of the previous qualification certificate. Expenditure related to the issuance of a new qualification certificate shall be covered by the seafarer. 221. The Latvian Registry of Seamen shall refuse to issue a qualification certificate or certificate of receipt of application if: 221.1. a non-conformity of the documents submitted or presented by the applicant for the qualification certificate or certificate of receipt of application has been detected; 221.2. the requirements referred to in this Regulation for the receipt of the relevant qualification have not been met; 221.3. the non-conformity of the competency of the applicant with the relevant qualification has been indicated in the protocol of the assessment commission or the port assessment commission. 222. The Latvian Registry of Seamen shall enter information regarding detention, suspension of operation, renewal of operation, cancellation or recognition as invalid of a qualification certificate, cancellation of certificate of receipt of application and refusal to issue a qualification certificate or a certificate of receipt of application in the data base. 223. The decisions taken by the Latvian Registry of Seamen may be contested with the Director of the State joint stock company “Maritime Administration of Latvia” in accordance with the procedures prescribed by the Administrative Procedure Law. A decision of the Director of the State joint stock company “Maritime Administration of Latvia” may be appealed to a court. Part G. Closing Provisions 224. The secondary vocational education programmes (naval school programmes) acquired until the day of coming into force of this Regulation with the qualification to be granted “technician ships' navigator” shall be deemed corresponding to the requirements of section A- II/1 of the STCW Code, and the programmes with the qualification to be granted “technician ships' engineer” shall be deemed corresponding to the requirements of section A-III/1 of the STCW Code, if it has not been specified otherwise in the document certifying education. 225. The vocational education programmes acquired until the day of coming into force of this Regulation in institutions of higher education of merchant fleet with the qualification to be granted “ships' navigator engineer” shall be deemed corresponding to the requirements of Translation © 2016 Valsts valodas centrs (State Language Centre) 49 section A-II/2 of the STCW Code, and the programmes with the qualification to be granted “ships' mechanic engineer” shall be deemed corresponding to the requirements of section A- III/2 of the STCW Code, if it has not been specified otherwise in the document certifying education. 226. A person who has received a certificate of competency prior to the coming into force of this Regulation and whose vocational education does not conform to that provided for in this Regulation is entitled to receive a revalidation of certificate of competency or an endorsement thereof without additional conditions, if it conforms to the requirements laid down in Paragraphs 104 and 105 of this Regulation. [19 January 2016] 227. The certificates of competency, which have been issued until the time of the coming into force of this Regulation, shall be valid until the expiry of the term of validity indicated therein, but if the term of validity has not been indicated, not more than five years from the date of issuance. 228. Ship security officers who have a documentary evidence issued until 1 January 2008 that their qualification conforms to the requirements existing prior to the coming into force of Regulation VI/5 of the STCW Convention, may carry out their functions on a ship until 1 July 2009 without receipt of the certificate of proficiency of a ship security officer. [10 June 2008] 229. The certificates of competency of the STCW Convention and endorsements, which have been issued after the coming into force of this Regulation and in accordance with the provisions of the STCW Convention, which were in force until 31 December 2011, shall be valid until the expiry of the term of validity indicated therein, however, not longer than until 31 December 2016. [23 April 2013; 19 January 2016] 230. A seafarer who has received a certificate of competency of the STCW Convention until 1 May 2013 is entitled, until 1 January 2014, to receive a repeated certificate of competency or endorsement, the term of validity of which is not longer than 31 December 2016, without meeting the requirements referred to in Sub-paragraphs 97.3 1, 97.3 2 and 97.3 3 of this Regulation if the seafarer conforms to the requirements referred to in Paragraphs 104 and 105 of this Regulation. [23 April 2013; 19 January 2016] 231. A seafarer who has received a certificate of competency of the STCW Convention, which has been issued in accordance with the provisions of the STCW Convention which were in force until 31 January 2011, upon receipt of a new endorsement with a term of validity after 31 December 2016, shall concurrently receive a new certificate of competency, meeting the requirements referred to in this Regulation for the receipt of the relevant qualification. [23 April 2013; 19 January 2016] 232. The training programme referred to in Sub-paragraph 97.3 2 of this Regulation in accordance with the requirements referred to in Annex 9 to this Regulation shall be acquired by ships' engineers who until 1 September 2012 have commenced studies in a vocational education programme conforming to the requirements of section A-III/1 of the STCW Convention. [23 April 2013] Translation © 2016 Valsts valodas centrs (State Language Centre) 50 233. The training programme referred to in Sub-paragraph 97.3 4 of this Regulation in accordance with the requirements referred to in Annex 9 to this Regulation shall be acquired by electro-technical officers on ships who have completed a vocational education programme not conforming to the requirements of section A-III/6 of the STCW Convention. [23 April 2013] 234. Certificates of Tanker Familiarization Courses, which have been issued in accordance with the provisions of the STCW Convention which were in force until 31 December 2011, shall be valid for work on ships until receipt of a new qualification certificate, however, not longer than until 31 December 2016. [23 April 2013; 19 January 2016] 235. Certificates of advanced training courses to tankers for work on oil, chemical or gas tankers, which have been issued in accordance with the provisions of the STCW Convention which were in force until 31 December 2011, shall be valid for work on ships until receipt of a new qualification certificate, however, not longer than until 31 December 2016. [23 April 2013; 19 January 2016] 236. A person who prior to 1 September 2012 has commenced the acquisition of an accredited vocational education programme, certified by the Ministry of Transport and meeting the requirements of section A-III/1 or A-III/2 of the STCW Code, and is applying for qualification – officer in charge of an engineering watch on ships powered by main propulsion machinery of 750 kW propulsion power or more, shall be applied a requirement regarding seagoing service until 31 December 2016 at least six months in the composition of the engine department on ships powered by main propulsion machinery of 750 kW propulsion power or more, carrying out watchkeeping duties in the engine-room under the supervision of an officer in charge of an engineering watch, complying with the practice programme and documenting it in the training record book. [23 April 2013] 237. A person who prior to 1 September 2012 has commenced the acquisition of an accredited electronics automation engineer or an equivalent programme and is applying for the qualification of an electro-technical officer on ships, shall be applied a requirement regarding seagoing service until 31 December 2016 – at least six months as electro-technical rating or trainee of electro-technical officer on ships powered by main propulsion machinery of 750 kW propulsion power or more. [23 April 2013] Informative Reference to the European Union Directives [15 September 2009; 23 April 2013] This Regulation transposes: 1) Directive 2002/84/EC of the European Parliament and of the Council of 5 November 2002 amending the Directives on maritime safety and the prevention of pollution from ships; 2) Directive 2005/45/EC of the European Parliament and of the Council of 7 September 2005 on the mutual recognition of seafarers' certificates issued by the Member States and amending Directive 2001/25/EC; 3) Directive 2008/106/EC of the European Parliament and of the Council of 19 November 2008 on the minimum level of training of seafarers; 4) Council Directive 92/29/EEC of 31 March 1992 on the minimum safety and health requirements for improved medical treatment on board vessels; Translation © 2016 Valsts valodas centrs (State Language Centre) 51  5) Directive 2012/35/EU of the European Parliament and of the Council of 21 November 2012 amending Directive 2008/106/EC on the minimum level of training of seafarers. Acting for the Prime Minister – Minister for the Interior Dz. Jaundžeikars Minister for Transport A.Šlesers Translation © 2016 Valsts valodas centrs (State Language Centre) 52  Annex 1 Cabinet Regulation No. 895 22 November 2005 Minister for Transport A. Šlesers Translation © 2016 Valsts valodas centrs (State Language Centre) 53  Annex 2 Cabinet Regulation No. 895 22 November 2005 [23 April 2013] Translation © 2016 Valsts valodas centrs (State Language Centre) 54 Minister for Transport A. Šlesers Translation © 2016 Valsts valodas centrs (State Language Centre) 55  Annex 3 Cabinet Regulation No. 895 22 November 2005 Minister for Transport A. Šlesers Translation © 2016 Valsts valodas centrs (State Language Centre) 56  Annex 4 Cabinet Regulation No. 895 22 November 2005 [23 April 2013] Sample of the Application for the Receipt of the Qualification Certificate Latvijas Jūras administrācijas Jūrnieku reģistram Maritime Administration of Latvia, Registry of Seamen Iesniegums kvalifikācijas sertifikāta saņemšanai Application for a Qualification Certificate Given name Surname Name Surname Ziņas par Jūrnieka grāmatiņas numurs Dzimšanas datums iesniedzēju Seaman’s book No. Date of birth Applicant’s information Dzīvesvietas adrese, tālruņa numurs Home address, phone number Lūdzu izsniegt kompetences sertifikātu un/vai sertifikāta apstiprinājumu/prasmju sertifikātu I hereby apply for Certificate of Competency and/or Endorsement of Certificate of Competency/Certificate of Proficiency (uz kādu kvalifikāciju pretendē/qualification applied for) Pievienoju šādus dokumentus vai to kopijas (uzrādot oriģinālus): The following documents or their copies enclosed (original documents to be presented): Dokumenta Copy – C reģistrācijas No. Dokuments/Document Original – numurs/ O No. of document 1. Personu apliecinošs dokuments (pase vai personas apliecība)/Personal identification document (passport Uzrādīts/Presented or identity card) 2. Profesionālās izglītības dokuments/Document of C professional education 3. Kvalifikācijas sertifikāts/Qualification certificate O 4. Jūras cenzu apliecinošs dokuments/Sea service O certificates 5. Obligāto kursu apliecības/Certificates of mandatory C training 6. Jūrnieka veselības pārbaudes sertifikāts/Seaman’s C Physical Examination Certificate Translation © 2016 Valsts valodas centrs (State Language Centre) 57  7. Trīs fotogrāfijas (3,5 x 4,5 cm)/Three photographs (3,5 x 4,5 cm) 8. Citi dokumenti/Other documents Piekrītu manu personas datu apstrādei, kas nepieciešama Latvijas Jūrnieku reģistra likumīgo pienākumu pildīšanai. I agree to my personal data processing as far as it is necessary for the Registry of Seamen to fulfil its functions. Apzinos, ka Latvijas Republikas normatīvie akti nosaka atbildību par nepatiesu ziņu sniegšanu. I acknowledge that the responsibility for giving untruthful information is provided by the laws and regulations of the Republic of Latvia. Iesniegšanas datums/Date of application Iesniedzēja paraksts/Applicant’s signature Latvijas Jūrnieku reģistra ieraksti For remarks of personnel Qualification certificate certificate of competency No.______________________ issued: endorsement of the certificate No.______________________ certificate of proficiency No.______________________ Date of issuance Term of validity Inspector of the certification division (signature) (given name, surname) Date ____________________________ No. ____________________________ Translation © 2016 Valsts valodas centrs (State Language Centre) 58  Annex 5 Cabinet Regulation No. 895 22 November 2005 [23 April 2013] Minister for Transport A. Šlesers Translation © 2016 Valsts valodas centrs (State Language Centre) 59  Annex 6 Cabinet Regulation No. 895 22 November 2005 Minister for Transport A. Šlesers Translation © 2016 Valsts valodas centrs (State Language Centre) 60  Annex 7 Cabinet Regulation No. 895 22 November 2005 [23 April 2013] Minister for Transport A. Šlesers Translation © 2016 Valsts valodas centrs (State Language Centre) 61  Annex 8 Cabinet Regulation No. 895 22 November 2005 [13 November 2007] Sample of the Assessment Protocol Assessment Protocol No. _____________ ____ _______________ 20____ The competency assessment commission for granting of qualification assessed the competency according to Cabinet Regulation No. 895 of 22 November 2005, Regulations Regarding Certification of Seafarers. Given name, surname of the applicant for qualification ____________________________________ Personal identity number (or date of birth) ____________________________________ Vocational education and the place and year of acquisition thereof _____________________________ _________________________________________________________________________ Qualification ______________________________________________________________ Certificate of competency No. __________ date of issuance ______________________ Is applying for qualification _________________________________________________ _________________________________________________________________________ Opinion of the commission: Competency of the applicant conforms/does not conform to the requested qualification (delete as appropriate). Topics in which non-conformity of the applicant with the competency is detected (if the applicant does not conform to the requested qualification) _________________________________________________________________________ _________________________________________________________________________ Other opinion ______________________________________________________________ _________________________________________________________________________ Signatures: Full names Chairperson of the commission ______________ ______________________________ Members of the commission: ______________ ______________________________ ______________ ______________________________ ______________ ______________________________ Translation © 2016 Valsts valodas centrs (State Language Centre) 62  Secretary of the commission ______________ ______________________________ I got acquainted with the opinion of the commission ________________________________ (signature of the applicant for qualification)* Translation © 2016 Valsts valodas centrs (State Language Centre) 63  Annex 9 Cabinet Regulation No. 895 of 22 November 2005 Special Competence Requirements According to the Qualification of the Seafarer [19 January 2016] 1. Requirements for receipt of the relevant qualification certificate for mandatory additional training of masters of ships, deck officers and deck rating personnel. Table 1 Name of the mandatory additional training programmes and section of the STCW Code Radar, Proficiency Global Global Radar ARPA, in survival Maritime Maritime Navigation, Bridge craft and Distress Distress Radar Qualification Basic Training in Teamwork ECDIS No. rescue Medical Medical and Safety and Safety Plotting and Bridge resource certificate safety advanced and Search (A- boats (other first aid care System System Use of management training fire-fighting and Rescue II/1, A- than fast (A-VI/4) (A-VI/4) (GMDSS) (GMDSS) ARPA at (A-II/1, A-II/2) (A-VI/1) (A-VI/3) at II/2) rescue general restricted operational management boats) operator operator level level (A-VI/2) (A-IV/2) (A-IV/2) (A-II/1,2,3) (A-II/1,2,3) 1. Master on ships of 3000 + + + + + + +* + GT or more 2. Master on ships of less + + + + + + +* + than 3000 GT Translation © 2016 Valsts valodas centrs (State Language Centre) 64  3. Master on ships of less than 500 GT, + + + + + + +* in near- coastal voyages 4. Master on ships of less than 200 GT, + + + + + +* in near- coastal voyages 5. Chief mate on ships of 3000 + + + + + + +* + GT or more 6. Chief mate on ships of less + + + + + + +* + than 3000 GT 7. Officer in charge of a navigational + + + + + + +* + watch on ships of 500 GT or more 8. Officer in charge of a navigational watch on + + + + + + +* ships of less than 500 GT, in near- Translation © 2016 Valsts valodas centrs (State Language Centre) 65  coastal voyages 9. Boatswain + + 10. Able seafarer + + deck 11. Rating forming part of a + navigational watch 12. Ship's cook + 13. Steward + Note. * If a seafarer has not completed the ECDIS training programme and has not received a documentary evidence, an entry “not valid for work on ships equipped with ECDIS” shall be made in the qualification certificate. Translation © 2016 Valsts valodas centrs (State Language Centre) 66 2. Requirements for receipt of the relevant qualification certificate for dedicated additional training of masters of ships, deck officers and deck rating personnel. Table 2 Name of the dedicated additional ship training programmes and section of the STCW Code Basic training Basic training Advanced Advanced Advanced Crisis Qualification for oil and for liquefied training for training for training for Crowd management No. Passenger safety, cargo safety certificate chemical gas tanker oil tanker chemical gas tanker management and human and hull integrity training tanker cargo cargo cargo tanker cargo cargo training behaviour (A-V/2.4) operations operations operations operations operations (A-V/2.1) training (A-V/1-1-1) (A-V/1-2-1) (A-V/1-1-2) (A-V/1-1-3) (A-V/1-2-2) (A-V/2.3) 1. Master on ships of 3000 GT or + + + + + + + + more 2. Master on ships of less than 3000 + + + + + + + + GT 3. Master on ships of less than 500 + + + + + + + + GT, in near- coastal voyages 4. Master on ships of less than 200 + + + + + + + + GT, in near- coastal voyages 5. Chief mate on ships of 3000 GT + + + + + + + + or more Translation © 2016 Valsts valodas centrs (State Language Centre) 67  6. Chief mate on ships of less than + + + + + + + + 3000 GT 7. Officer in charge of a navigational + + + + + watch on ships of 500 GT or more 8. Officer in charge of a navigational watch on ships of + + + + + less than 500 GT, in near-coastal voyages 9. Boatswain + + + + + 10. Able seafarer + + + + + deck 11. Rating forming part of a + + + + + navigational watch 12. Ship's cook + + + 13. Steward + + + Translation © 2016 Valsts valodas centrs (State Language Centre) 68 3. Requirements for receipt of the relevant qualification certificate for mandatory additional training of officers of the engine-room crew and rating personnel of the engine-room crew of ships. Table 3 Name of the mandatory additional training programmes and section of the STCW Code Proficiency in survival Competency Engine-room Qualification craft and Training in No. Basic safety Medical first upgrading course resource Updating Training for Ship certificate rescue boats advanced fire- training aid for engineer management Electro-technical Engineers (other than fighting (A-VI/1) (A-VI/4) officers (A-III/1, A- (A-III/6) fast rescue (A-VI/3) (A-III/1) III/2) boats) (A-VI/2) 1. Chief engineer officer on ships powered by main propulsion + + + + + machinery of 3000 kW or more 2. Chief engineer officer on ships powered by main propulsion + + + + + machinery of less than 3000 kW propulsion power 3. Second engineer officer on ships powered by main propulsion machinery + + + + + of 3000 kW propulsion power and more Translation © 2016 Valsts valodas centrs (State Language Centre) 69  4. Second engineer officer on ships powered by main + + + + + propulsion machinery of less than 3000 kW propulsion power 5. Officer in charge of an engineering watch on ships powered by main + + + + +* + propulsion machinery of 750 kW propulsion power and more 6. Engineer officer on ships powered by main propulsion machinery + of less than 750 kW propulsion power 7. Refrigeration engineer + on ships 8. Electro-technical + + + + +* officer on ships 9. Electro-technical + rating 10. Ship's technician + 11. Pumpman + 12. Able seafarer engine + 13. Rating forming part of + an engine-room watch 14. Turner, welder, fitter + Translation © 2016 Valsts valodas centrs (State Language Centre) 70 Note. * If the training programme has not been acquired within the framework of the educational programme. 4. Requirements for receipt of the relevant qualification certificate for dedicated additional training of officers of the engine-room crew and rating personnel of the engine-room crew of ships of specific type. Table 4 Name of the dedicated additional ship training programmes and section of the STCW Code Basic Basic training Advanced Advanced Advanced Crisis training for Qualification for liquefied training for training for training for Crowd management Passenger safety, cargo No. oil and certificate gas tanker oil tanker chemical gas tanker management and human safety and hull integrity chemical cargo cargo tanker cargo cargo training behaviour training tanker cargo operations operations operations operations (A-V/2.1) training (A-V/2.4) operations (A-V/1-2-1) (A-V/1-1-2) (A-V/1-1-3) (A-V/1-2-2) (A-V/2.3) (A-V/1-1-1) 1. Chief engineer officer on ships powered by main propulsion + + + + + + + + machinery of 3000 kW or more 2. Chief engineer officer on ships powered by main propulsion + + + + + + + + machinery of less than 3000 kW propulsion power 3. Second engineer officer on ships powered by main + + + + + + + + propulsion machinery of 3000 kW Translation © 2016 Valsts valodas centrs (State Language Centre) 71  propulsion power and more 4. Second engineer officer on ships powered by main + + + + + + + + propulsion machinery of less than 3000 kW propulsion power 5. Officer in charge of an engineering watch on ships powered by main propulsion + + + + + machinery of 750 kW propulsion power and more 6. Engineer officer on a ship powered by main propulsion machinery + + + + + of less than 750 kW propulsion power 7. Refrigeration + + + + + + engineer on ships 8. Electro-technical + + + + + officer on ships 9. Electro-technical + + + + + rating 10. Ship's technician + + + + + 11. Pumpman + + + + + + + 12. Able seafarer engine + + + + Translation © 2016 Valsts valodas centrs (State Language Centre) 72  13. Rating forming part of + + + + an engine-room watch 14. Turner, welder, repair + + + + fitter Translation © 2016 Valsts valodas centrs (State Language Centre) 73  Annex 10 Cabinet Regulation No. 895 22 November 2005 [23 April 2013] Translation © 2016 Valsts valodas centrs (State Language Centre) 74 Minister for Transport A. Šlesers Translation © 2016 Valsts valodas centrs (State Language Centre) 75  Annex 11 Cabinet Regulation No. 895 of 22 November 2005 [19 January 2016] Sample Certificate of Receipt of Application LATVIJAS REPUBLIKA REPUBLIC OF LATVIA Mazais Latvijas valsts ģerbonis IZZIŅA PAR IESNIEGUMA PIEŅEMŠANU Nr._______ CERTIFICATE OF RECEIPT OF APPLICATION UZVĀRDS VĀRDS SURNAME NAME DZIMŠANAS DATUMS (D.M.G.) PILSONĪBA DATE OF BIRTH (D.M.Y.) CITIZENSHIP IZZIŅAS ĪPAŠNIEKA PARAKSTS IZZIŅAS ĪPAŠNIEKA ADRESE SIGNATURE OF THE HOLDER OF HOLDER’S PERMANENT ADDRESS CERTIFICATE Šī izziņa apliecina, ka minētā persona, kurai ir _____________________1 valdības vārdā izdots STCW/STCW-F2 konvencijai atbilstošs ___________ sertifikāts3 Nr. _____, iesniedza Latvijas Jūras administrācijai dokumentus ārvalsts sertifikāta3 atzīšanai atbilstoši STCW konvencijas I/10 noteikuma/STCW-F konvencijas I/7 noteikuma2 prasībām. Šīs izziņas īpašnieks ir tiesīgs ieņemt amatu uz Latvijas karoga kuģiem atbilstoši viņa sertifikātam3 uz laiku līdz 3 (trim) mēnešiem, sākot ar šīs izziņas izsniegšanas datumu. It is hereby certified that the above person, who holds STCW/STCW-F2 Convention Certificate3 No. _______ as ____________ issued on behalf of Government of ___________1 has submitted documents to the authorities of the Republic of Latvia for the recognition of a foreign certificate3 in accordance with the provisions of regulation I/10 of STCW Convention/ the provisions of regulation I/7 of STCW-F Convention. The lawful holder of this certificate may serve on the Latvian flag vessels in a capacity as defined in his certificate3 for a period not exceeding 3 (three) months from the date of issue of this certificate. Iesniegtie dokumenti: Documentation presented: 1. Iesniegums 1. Application form 2. Personu apliecinošs dokuments 2. Identification document 3. Kompetences sertifikāts un 3. Certificate of competency & endorsement apstiprinājums 4. Certificate of proficiency (if applicable), issued 4. Prasmju sertifikāts (ja tāds ir), according to STCW regulation V/1-1 or V/1-2 izsniegts saskaņā ar STCW V/1-1 5. Two photographs 3.5x4.5 cm vai V/1-2 noteikumu 6. Medical fitness certificate 5. Divas fotogrāfijas 3,5 x 4,5 cm 7. Payment confirmation receipt Translation © 2016 Valsts valodas centrs (State Language Centre) 76 6. Atzinums par jūrnieka veselības atbilstību 7. Apstiprinājuma samaksas kvīts Izsniegšanas vieta un datums: Izsniedzējiestāde un pilnvarotas personas paraksts: Place and date of issue Issuing authority and signature of duly authorized person Zīmogs/Official seal Riga, Registry of Seamen Izziņas derīguma termiņš paraksts/signature paraksta atšifrējums/ Date of expiry of certificate name of duly authorized official LATVIJAS JŪRNIEKU REĢISTRS/LATVIAN REGISTRY OF SEAMEN: Katrīnas iela 2a, Rīga LV-1045, Latvija tālrunis/phone +371 67099419, fakss/fax +371 67323100 e-pasts/e-mail: [email protected]; [email protected] Piezīmes. 1 Norāda valsti/indicate the country. 2 Izvēlas atbilstošo konvenciju, saskaņā ar kuru izdots kompetences sertifikāts vai prasmju sertifikāts/choose Convention according to which certificate of competency or certificate of proficiency has been issued. 3 Kompetences sertifikāts vai prasmju sertifikāts/certificate of competency or certificate of proficiency. Translation © 2016 Valsts valodas centrs (State Language Centre) 77  Annex 12 Cabinet Regulation No. 895 22 November 2005 Minister for Transport A. Šlesers Translation © 2016 Valsts valodas centrs (State Language Centre) 78  Annex 13 Cabinet Regulation No. 895 22 November 2005 Translation © 2016 Valsts valodas centrs (State Language Centre) 79 Minister for Transport A. Šlesers Translation © 2016 Valsts valodas centrs (State Language Centre) 80  Annex 14 Cabinet Regulation No. 895 22 November 2005 Translation © 2016 Valsts valodas centrs (State Language Centre) 81 Minister for Transport A. Šlesers Translation © 2016 Valsts valodas centrs (State Language Centre) 82  Annex 15 Cabinet Regulation No. 895 22 November 2005 Sample Application for an Endorsement Attesting the Recognition of a Certificate [23 April 2013] Latvijas Jūras administrācijas Jūrnieku reģistram Maritime Administration of Latvia, Registry of Seamen Iesniegums kvalifikācijas sertifikāta atzīšanas apstiprinājuma saņemšanai Application for an Endorsement Attesting the Recognition of a Certificate Vārds Uzvārds Name Surname Ziņas par Jūrnieka grāmatiņas numurs Dzimšanas datums pretendentu Seaman’s book No. Date of birth Candidate’s information Dzīvesvietas adrese, tālruņa numurs Home address, phone number Lūdzu izsniegt kompetences sertifikāta vai prasmju sertifikāta, kurš izsniegts I hereby apply for Endorsement attesting the recognition of a certificate issued by , atzīšanas apstiprinājumu (izdevējvalsts/issuing State) (kompetences sertifikātā vai prasmju sertifikātā norādītā kvalifikācija/ capacity of the certificate of competency or the certificate of proficiency) Pievienoju šādus dokumentus vai to kopijas: The following documents or their copies enclosed: Dokumenta Copy – C reģistrācijas No. Dokuments/Document Original – numurs/ O No. of document 1. Personu apliecinošs dokuments/Identification C Document 2. Kompetences sertifikāts un apstiprinājums/Certificate C of Competency & Endorsement Translation © 2016 Valsts valodas centrs (State Language Centre) 83  3. Prasmju sertifikāts (izsniegts saskaņā ar STCW not. V/1-1 un V/1-2)/Certificate of Proficiency (issued C according to STCW reg. V/1-1 and V/1-2) 4. Medicīnas sertifikāts/Seaman’s Physical Examination C Certificate 5. Divas fotogrāfijas (3,5 x 4,5 cm)/Two photographs (3,5 x 4,5 cm) 6. Citi dokumenti/Other documents Nepatiesu ziņu sniegšanas gadījumā paredzēta atbildība saskaņā ar Latvijas Republikas normatīvajiem aktiem. In case of giving untruthful information the responsibility is provided by the laws and regulations of the Republic of Latvia. Pretendents vai kuģa īpašnieka pārstāvis ar savu parakstu apliecina, ka ārvalstī sertificēts kuģa kapteinis, vecākais stūrmanis, vecākais mehāniķis, kā arī otrais mehāniķis, kurš pretendē uz kompetences sertifikāta atzīšanas apstiprinājuma saņemšanu, pārzina Latvijas Republikas tiesību normas jūrniecības nozarē. By signing this application, the candidate or the ship-owner’s representative confirms that the ship’s master, chief officer, chief engineer officer and second engineer officer certified abroad (in a foreign country) and applying for the issue of Endorsement attesting the recognition of a certificate of competency has a good knowledge of maritime legislation norms of the Republic of Latvia. Iesniegšanas datums/ Pretendenta vai kuģa īpašnieka pārstāvja vārds, uzvārds Date of application un paraksts/ Name, surname and signature of the candidate or the ship-owner’s representative Latvijas Jūrnieku reģistra ieraksti For remarks of personnel Endorsement of recognition issued No. ________________________ Date of issue Term of validity Inspector of the certification division (signature) (given name, surname) Date ____________________________ No. ____________________________ Statement: date ____________________________ No. ____________________________ Translation © 2016 Valsts valodas centrs (State Language Centre) 84  Annex 16 Cabinet Regulation No. 895 22 November 2005 Instructions Regarding Photographs for Drawing up of Qualification Certificates [23 April 2013] In order to ensure qualitative drawing up of qualification certificates, the following requirements have been determined for the photographs: 1. The dimensions of the photograph – 35 x 45 mm ± 1 mm. Photographs shall be made from one photo-negative, without a white corner. 2. Dimensions of face on the photographs - distance between the pupils of the eyes shall be 6 ± 3 mm, distance between the centre line of the eyes to the chin line (extreme points) shall be 15 ± 2 mm. Distance from the head to the upper edge of the photograph shall be 6 ± 2 mm. 3. The photographs shall be in colour. 4. The photographic paper shall be smooth, bright or semi-matted, without a surface pattern or relief. 5. The background of the photograph shall be homogeneous, white or light grey. If the background of a photograph is in another colour or dark, such photograph shall be invalid. 6. Position of the head - front view or head a little turned. 7. Facial expression – natural (smile permissible). 8. Apparel – everyday, proper. It is prohibited to be photographed in outdoor clothes (for example, coat, jacket) and with a headgear, as well as with an uncovered upper part of the body. 9. Lighting – identical for both sides of the face. If illumination effects (for example, overhead lighting) intended for artistic photograph are used when taking the photograph, such photograph shall be invalid. 10. Changes in a photograph as compared to the photo-negative are not permissible. 11. None of the colours that has occurred as a result of the technology used for the making of photographs may dominate in a colour photograph. 12. The image shall be of high quality - sharp, without scratches and defects. 13. If a person wears glasses, he or she may be photographed with glasses. Being photographed with dark glasses or glasses that have slipped down on the nose is not permissible. Reflections in the lenses of glasses may not cover up the eyes. 14. The photograph shall be taken not earlier than three months prior to submitting the documents. Translation © 2016 Valsts valodas centrs (State Language Centre) 85  Annex 17 Cabinet Regulation No. 895 of 22 November 2005 Sample Certificate of Proficiency [19 January 2016] Translation © 2016 Valsts valodas centrs (State Language Centre) 86