# The Merchant Shipping (Standards of Training, Certification and Watchkeeping) Regulations 2022, Regulation 38: Recognition of a party to the STCW Convention


(1) This regulation applies where the Secretary of State proposes to make a decision to recognise a party to the STCW Convention to which regulation 36 (recognition of a certificate issued by an EEA State) or 37 (recognition of a certificate issued by a third party State) does not apply in order to facilitate the recognition of the certificates described in paragraph (5) issued by or under the authority of that party.
(2) Before making a decision described in paragraph (1), the Secretary of State must—
(a) collect all relevant information in order to carry out an assessment of the training and certification systems of the party to which the decision would apply in order to verify whether that party—
(i) meets all the requirements of the STCW Convention regarding standards of competence, training and certification and quality standards; and
(ii) has taken appropriate measures to prevent fraud involving certificates; and
(b) obtain an undertaking from the party to which the decision would apply that prompt notification will be given to the Secretary of State of any significant change in the arrangements for training and certification provided in accordance with the STCW Convention.
(3) The assessment described in paragraph (2)(a) may include an inspection of facilities and procedures.
(4) Where the Secretary of State is satisfied that the requirements of paragraph (2) have been met, the Secretary of State may—
(a) make a decision to recognise that party; and
(b) recognise the certificates described in paragraph (5) issued by or under the authority of that party.
(5) The certificates referred to in paragraphs (1) and (4) are—
(a) a certificate of competency issued to a master, officer or GMDSS radio operator;
(b) a certificate of proficiency in training for tanker cargo operations issued to a master or an officer; or
(c) any other certificate of proficiency.
(6) Subject to regulation 39(1) (additional requirements for a certificate of equivalent competency), where the Secretary of State recognises a certificate described in paragraph (5)(a) or (b), the Secretary of State may, on the application of a holder of such certificate, issue a certificate of equivalent competency attesting to its recognition.
(7) Where the Secretary of State recognises the standard of competence or proficiency required for the issue of a certificate by a party to the STCW Convention as satisfying only in part the standard required for officers qualified for the purpose of this Part, the Secretary of State may specify—
(a) additional standards which are to be attained; and
(b) the means by which such standards may be demonstrated,
for the issue of a certificate of equivalent competency.

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Source: https://www.legislation.gov.uk/ukdsi/2022/9780348240368/regulation/38 (the official version)
Page: https://openlegislation.uk/draft-merchant-shipping-standards-of-training-certification-and-watchkeeping-regulations-2022/regulation-38
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.