{
  "url": "https://openlegislation.uk/merchant-shipping-training-and-certification-and-minimum-standards-of-safety-communications-amendment-regulations-2006/note",
  "json_url": "https://openlegislation.uk/merchant-shipping-training-and-certification-and-minimum-standards-of-safety-communications-amendment-regulations-2006/note.json",
  "legislation": "uksi/2006/89",
  "legislation_title": "The Merchant Shipping (Training and Certification and Minimum Standards of Safety Communications) (Amendment) Regulations 2006",
  "legislation_url": "https://openlegislation.uk/merchant-shipping-training-and-certification-and-minimum-standards-of-safety-communications-amendment-regulations-2006",
  "path": "note",
  "kind": "note",
  "number": null,
  "heading": "Explanatory note",
  "text": "(This note is not part of the Regulations)\nThese Regulations further amend the Merchant Shipping (Training and Certification) Regulations 1997 (the “Training and Certification Regulations”). They also amend the Merchant Shipping (Minimum Standards of Safety Communications) Regulations 1997 (the “Safety of Communications Regulations”).\nThese Regulations give effect to Council Directive 2003/103/EC (O.J. L 326, 13.12.2003, p.28) (the “Directive”) amending Directive 2001/25/EC (O.J. L136 18.05.2001, p.17) as amended by Directive 2002/84/EC (O.J. L324, 29.11.2002, p. 53) on the minimum level of training for seafarers. The amendments permit the Secretary of State to recognise certificates issued by those States which are not EEA Member States but who are Parties to the International Convention on Standards of Training, Certification and Watchkeeping (“STCW”), 1978 as amended on 7 July 1995 (“third Party States”) in accordance with the Directive.\nThe Training and Certification Regulations are amended to provide for the decision on whether to recognise the certificates issued to officers by a third Party State to be made by the Commission. The Regulations make such recognition a pre-condition for the Secretary of State to recognise particular certificates (regulation 4 as it applies to regulation 5A(1) and (2)(a) of the Training and Certification Regulations).\nThe Secretary of State may also recognise certificates issued by a third Party State where:\n(a) those certificates were recognised by a member State of the EEA as at 14 June 2005 and that recognition has not been withdrawn by the Commission (regulation 4 as it applies to regulation 5A(1) and (2)(b)); or\n(b) a request has been made by the Secretary of State to the Commission to recognise those certificates and three months has elapsed since the request was made without a decision having been made (regulation 4 as it applies to regulation 5A(1) and (2)(c)).\nThe Training and Certification Regulations have also been amended to permit the holder of a valid certificate issued by a third Party State to serve in an appropriate capacity for a maximum period of three months provided that person has made an application to the Secretary of State for recognition of his certificates (regulation 5, amending regulation 7 of the Training and Certification Regulations).\nThe Regulations also amend the Safety of Communications Regulations by making it the duty of the master and company to ensure that English is used as the language of communication in ship to ship and ship to shore communications and in communications with the pilot, except where those directly involved in the communication speak a common language other than English (regulation 6).\nCopies of the STCW Convention may be obtained from the International Maritime Organisation, 4 Albert Embankment, London, SW1 7SR.\nMerchant Shipping Notices are published by the Maritime and Coastguard Agency. Copies may be obtained from Mail Marketing (Scotland), Bloomsgrove Industrial Estate, Norton Street, Nottingham NG7 3JG (telephone number 0115 9013336; fax 0115 9013334; e-mail mca@promosolution.com). The may also be obtained from the MCA’s website at www.mcga.gov.uk.\nA regulatory impact assessment of the effect of this instrument will have on the costs to business has been prepared and copies can be obtained from the Maritime and Coastguard Agency, Spring Place, 105 Commercial Road, Southampton, SO15 1EG. A copy has been placed in the library of each House. The regulatory impact assessment and the transposition note may also be accessed at the Office of Public Sector Information website at www.opsi.gov.uk.\nA copy of the Transposition Note is also available from the Maritime and Coastguard Agency.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2006/89/note",
    "retrieved_at": "2026-10-29T04:39:24.573112+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}