International Convention on Standards of Training, Certification and Watchkeeping for Fishing Vessel Personnel (STCW-F) [*]
Done at: London
Date enacted: 1995-07-07
In force: not in force
The Parties to this Convention,
Noting the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978 (hereinafter referred to as the "1978 STCW Convention"),
Desiring to further promote safety of life and property at sea and the protection of the marine environment by establishing in common agreement international standards of training, certification and watchkeeping for personnel employed on board fishing vessels,
Considering that this end may be best achieved by the conclusion of an International Convention on Standards of Training, Certification and Watchkeeping for Fishing Vessel Personnel, hereinafter referred to as "the Convention",
Have agreed as follows:
Article 1
General obligations
1. |
The Parties undertake to give effect to the provisions of the Convention and the Annex thereto, which shall constitute an integral part of the Convention. Every reference to the Convention constitutes at the same time a reference to the Annex hereto. |
2. |
The Parties undertake to promulgate all laws, decrees, orders and regulations and to take all other steps which may be necessary to give the Convention full and complete effect, so as to ensure that, from the point of view of safety of life and property at sea and the protection of the marine environment, seagoing fishing vessel personnel are qualified and fit for their duties. |
Article 2
Definitions
For the purpose of the Convention, unless expressly provided otherwise:
1. |
"Party" means a State for which the Convention has entered into force. |
2. |
"Administration" means the Government of the Party whose flag the vessel is entitled to fly. |
3. |
"Certificate" means a valid document, by whatever name it may be known, issued or recognized in accordance with the provisions of the Convention, authorizing the holder to serve as stated in this document or as authorized by national regulations. |
4. |
"Certificated" means properly holding a certificate. |
5. |
"Organization" means the International Maritime Organization. |
6. |
"Secretary-General" means the Secretary-General of the Organization. |
7. |
"Fishing vessel" or "vessel" means any vessel used commercially for catching fish or other living resources of the sea. |
8. |
"Seagoing fishing vessel" means a fishing vessel 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. |
Article 3
Application
The Convention shall apply to personnel serving on board seagoing fishing vessels entitled to fly the flag of a Party.
Article 4
Communication of information
Each Party shall communicate to the Secretary-General the following information:
1. |
a report on the measures it has taken to give full and complete effect to the provisions of the Convention, including a specimen of certificates issued in compliance with the Convention; and |
2. |
other information which may be specified or provided for in regulation I/5. |
Article 5
Other treaties and interpretation
1. |
All prior treaties, conventions and arrangements relating to standards of training, certification and watchkeeping for fishing vessel personnel in force between the Parties, shall continue to have full and complete effect during the terms thereof as regards:
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2. |
To the extent, however, that such treaties, conventions or arrangements conflict with the provisions of the Convention, the Parties shall review their commitments under such treaties, conventions and arrangements with a view to ensuring that there is no conflict between these commitments and their obligations under the Convention. |
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3. |
All matters which are not expressly provided for in the Convention remain subject to the legislation of Parties. |
Article 6
Certification
Fishing vessel personnel shall be certificated in accordance with the provisions of the Annex to this Convention.
Article 7
National provisions
1. |
Each Party shall establish processes and procedures for the impartial investigation of any reported incompetency, act or omission, that may pose a direct threat to safety of life or property at sea or to the marine environment, by the holders of certificates or endorsements issued by that Party in connection with their performance of duties related to their certificates and for the withdrawal, suspension and cancellation of such certificates for such cause and for the prevention of fraud. |
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2. |
Each Party shall prescribe penalties or disciplinary measures for cases in which the provisions of its national legislation giving effect to this Convention are not complied with in respect of vessels entitled to fly its flag or of fishing vessel personnel duly certificated by that Party. |
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3. |
In particular, such penalties or disciplinary measures shall be prescribed and enforced in cases in which:
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4. |
A Party within whose jurisdiction there is based an owner or owner's agent or any person who is believed on clear grounds to have been responsible for, or to have knowledge of, any apparent noncompliance with the Convention specified in paragraph 3, shall extend all co-operation possible to any Party which advises it of its intention to initiate proceedings under its jurisdiction. |
Article 8
Control
1. |
Fishing vessels, while in the port of another Party, are subject to control by officers duly authorized by that Party to verify that all persons serving on board who are required to be certificated by this Convention are so certificated or hold an appropriate dispensation. |
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2. |
In the event of failure to correct any deficiency referred to in paragraph 3 of regulation I/4 in so far as it poses a danger to persons, property or the environment, the Party carrying out the control shall take steps to ensure that the vessel will not sail unless and until these requirements are met to the extent that the danger has been removed. The facts concerning the action taken shall be reported promptly to the Secretary-General and to the Administration. |
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3. |
When exercising control:
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4. |
This article shall be applied as may be necessary to ensure that no more favourable treatment is given to a vessel entitled to fly the flag of a non-Party than is given to a vessel entitled to fly the flag of a Party. |
Article 9
Promotion of technical co-operation
1. |
Parties to the Convention shall promote, in consultation with and with the assistance of the Organization, support for those States which request technical assistance for the:
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2. |
On its part, the Organization shall pursue the aforesaid efforts, as appropriate, in consultation or association with other international organizations, particularly the International Labour Organization and the Food and Agriculture Organization of the United Nations. |
Article 10
Amendments
1. |
The Convention may be amended by either of the procedures specified in this article. |
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2. |
Amendments after consideration within the Organization:
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3. |
Amendment by a Conference:
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4. |
Any declaration of acceptance of, or objection to, an amendment or any notice given under paragraph 2.9 shall be submitted in writing to the Secretary-General, who shall inform all Parties of any such submission and the date of its receipt. |
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5. |
The Secretary-General shall inform all the Parties of any amendments which enter into force, together with the date on which each such amendment enters into force. |
Article 11
Signature, ratification, acceptance, approval and accession
1. |
The Convention shall remain open for signature at the Headquarters of the Organization from 1 January 1996 until 30 September 1996 and shall thereafter remain open for accession. States may become Parties to the Convention by:
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2. |
Ratification, acceptance, approval or accession shall be effected by the deposit of an instrument to that effect with the Secretary-General. |
Article 12
Entry into force
1. |
The Convention shall enter into force 12 months after the date on which not less than 15 States have either signed it without reservation as to ratification, acceptance, or approval, or have deposited the requisite instruments of ratification, acceptance, approval or accession in accordance with article 11. |
2. |
For States which have deposited an instrument of ratification, acceptance, approval or accession in respect of the Convention after the requirements for entry into force thereof have been met but prior to the date of entry into force, the ratification, acceptance, approval or accession shall take effect on the date of entry into force of the Convention or three months after the date of deposit of the instrument, whichever is the later date. |
3. |
For States which have deposited an instrument of ratification, acceptance, approval or accession after the date on which the Convention entered into force, the Convention shall become effective three months after the date of deposit of the instrument. |
4. |
After the date on which an amendment to the Convention is deemed to have been accepted under article 10, any instrument of ratification, acceptance, approval or accession deposited shall apply to the Convention as amended. |
Article 13
Denunciation
1. |
The Convention may be denounced by any Party at any time after the expiry of five years from the date on which the Convention enters into force for that Party. |
2. |
Denunciation shall be effected by notification in writing to the Secretary-General. |
3. |
A denunciation shall take effect 12 months after receipt of the denunciation by the Secretary- General or after the expiry of any longer period which may be indicated in the notification. |
Article 14
Depositary
1. |
The Convention shall be deposited with the Secretary-General of the Organization (hereinafter referred to as "the depositary"). |
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2. |
The depositary shall:
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3. |
As soon as the Convention enters into force a certified true copy thereof shall be transmitted by the depositary to the Secretary-General of the United Nations, for registration and publication in accordance with Article 102 of the Charter of the United Nations. |
Article 15
Languages
The Convention is established in a single original in the Arabic, Chinese, English, French, Russian and Spanish languages, each text being equally authentic.
In witness whereof the undersigned, being duly authorized by their respective Governments for that purpose, have signed the Convention.
Done at London, this seventh day of July, one thousand nine hundred and ninety five.
Annex
[Omitted]
[*] |
This Convention is set to enter into force 2012-09-29, after the required 15 ratifications were reached 2011-09-29, with ratification by the Republic of Palau. |