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(NAR) VOL. 26 NO. 1/ JANUARY - MARCH 2015

[ MIA STCW Circular No. 2014-04, September 23, 2014 ]

RULES ON THE ACCREDITATION OF INSTRUCTORS, SUPERVISORS AND ASSESSORS OF APPROVED TRAINING PROGRAMS (ATPS) CONDUCTED BY MARITIME TRAINING INSTITUTIONS (MTLS), OR AS OTHERWISE APPROVED BY THE ADMINISTRATION



Adopted: 23 September 2014
Date Filed: 28 January 2015

Pursuant to Republic Act 10635 and its Implementing Rules and Regulations (IRR) and the 1978 International Convention on Standards of Training, Certification and Watchkeeping (STCW), as amended, the following rules shall be adopted:

1. OBJECTIVES:

1.1
To prescribe standards and procedures in the accreditation of Instructors, Supervisors and Assessors of Approved Training Programs (ATPs) conducted by Maritime Training Institutions (MTIs), whether public or private, or as otherwise approved by the Administration, in compliance with the requirements of the STCW Code, Section A-I/6 and other relevant provisions of the STCW, and other pertinent regulations; and
1.2
To ensure complete, effective and timely compliance with the 1978 STCW Convention, as amended;

2. COVERAGE:

This Circular shall apply to all applicants for accreditation as Instructor, Supervisor or Assessor of in-service training of a seafarer, either on board or ashore in a Maritime Training Institution for an Approved Training Program (ATP), which is intended to be used in qualifying for certification under STCW, or as otherwise required by the Administration.

3. DEFINITION OF TERMS:

For the purpose of this Circular, in addition to the terms defined under STCW Circular No. 2014-01, the following terms shall be defined as follows:

3.1
“Instructor” means any person accredited or permitted by the Administration to conduct in-service training of a seafarer, either on board or ashore in an MTI, which is intended to be used in qualifying for certification under STCW;



3.2
“Supervisor” means any person accredited or permitted by the Administration to be responsible for the supervision of in-service training of a seafarer, either on board or ashore in an MTI, intended to be used in qualifying for certification under STCW;



3.3
“Assessor” means any person conducting in-service assessment of competence of a seafarer, either on board or ashore in an MTI, intended to be used in qualifying for certification under STCW;



3.4
“Capacity” refers to an individual’s performance as Instructor, Supervisor or Assessor;



3.5
“Certificate of Accreditation" (COA) is a document issued by the Administration authorizing a person to perform as either Instructor, Supervisor or Assessor of in-service training of a seafarer, either on board or ashore in an MTI for an Approved Training Program, intended to be used in qualifying for certification under STCW;



3.6
“Interim Accreditation” (IA) is a temporary document issued by the Administration upon satisfactory initial evaluation of documentary evidence presented, authorizing a person to perform as Instructor, Supervisor or Assessor of in-service training of a seafarer, either on board or ashore in an MTI for an Approved Training Program, pending final determination of compliance by the applicant of all the requirements, which expires when: 1) the Certificate of Accreditation is issued, or 2) a Notice of Denial is issued, stating clearly the grounds for the denial of the application;



3.7
“Short-Term Permit” (STP) is a temporary document issued by the Administration, valid for fifteen (15) calendar days, permitting a person to perform as an Instructor of in-service training of a seafarer, either on board or ashore in an MTI for an Approved Training Program, upon determination that the applicant-instructor has complied with all the requirements as an instructor, except for:
.1
the presentation of proof of successful completion of the approved I.M.O. Model Course 6.09 (Training Course for Instructors) (STP-Type 1 or STP1); or
.2
in urgent cases when the MTI requires the services of the Instructor for more than eight (8) hours in a day (STP-Type 2 or STP2); or
.3
when the Instructor has not yet completed the relevant refresher/updating training, as appropriate (STP-Type 3 or STP3).



3.8
“Simulator Practical Operational Experience Log” (SPOEL) is a documentary evidence required by the Administration to comply with the requirements of STCW Code, Section A-I/6, Par. 4.3.1 on the requirement for an Instructor conducting training using a simulator to have gained practical operational experience on the particular type of simulator being used.



3.9
“Practical Assessor's Experience Log” (PAEL) is a documentary evidence required by the Administration to comply with the requirements of STCW Code, Section A-I/6, Par. 6.4 on the requirement for an Assessor of competence to have gained practical assessment experience.



3.10
“Simulator Practical Assessor’s Experience Log” (SPAEL) is a documentary evidence required by the Administration to comply with the requirements of STCW Code, Section A-l/6, Par. 6.5 on the requirement for an Assessor of competence involving the use of simulators to have gained practical assessment experience on the particular type of simulator, under the supervision and to the satisfaction of an experienced assessor.



3.11
“Accreditation Division” means the division or service under the STCW Office, specifically tasked and is responsible for ensuring the proper and full implementation of this Circular.

4. GENERAL PROVISIONS

4.1
All applicants for Instructor, Supervisor or Assessor shall file their application at the STCW Office, MARINA Central Office (Manila), with the duly accomplished checklist of documentary requirements for each Approved Training Program (ATP) being applied for.



4.2
Such application may be filed either by the individual applicant, or by the Maritime Training Institution (MTI), and must be filed separately for each capacity and for every ATP applied for. For applications filed by the MTI, the screening/evaluation of qualifications and documentary evidence shall form part of the MTl’s Quality Standards System.



4.3
However, an application for an STP1, STP2 or STP3 must be filed by the MTI, and the screening/evaluation of qualifications and documentary evidence of the applicant-instructor shall form part of the MTI’s Quality Standards System.



4.4
Upon prima facie determination of compliance with the requirements and payment of the applicable fees, the receiving officer the Accreditation Division of the STCW Office shall immediately issue either an Interim Accreditation (IA) or a Short-Term Permit-Type1 (STP1), as appropriate.



4.5
Immediately upon receipt of the IA or STP1, an MTI may utilize the services of the individual to perform in the capacity stated.



4.6
For an applicant who was issued an Interim Accreditation, he shall be issued a Certificate of Accreditation (COA) valid for five (5) years counting from the date that the Interim Accreditation was issued, upon final determination of full compliance with the requirements appropriate to his capacity for the particular ATP.



4.7
For an applicant-instructor who was issued a STP1 though the application filed by the MTI, he shall ensure that his performance as Instructor under the STP1 does not go beyond the term allowed. Both the individual and the MTI shall be responsible for the renewal of the STP1, if necessary.



4.8
All individuals who are issued a COA shall undergo re-accreditation every five (5) years. Applications for re-accreditation must be filed at least six (6) months prior to expiration to avoid delays in the processing, and any applicable penalties for late filing. An application for revalidation/re- accreditation shall be supported by the following:



.1
Documentary evidence showing proof of having performed as an Instructor, Supervisor or Assessor of competence, as appropriate, for not less than five (5) training classes for which capacity he is previously accredited during the preceding five (5) years; and
.2
Proof of successful completion of an approved updating/refresher training, as appropriate, for courses that have new requirements.



4.9
The list of Instructors, Supervisors and Assessors with a Certificate of Accreditation shall be posted in the MARINA website.

5. GENERAL QUALIFICATION STANDARDS FOR INSTRUCTORS, SUPERVISORS AND ASSESSORS

In accordance with the pertinent provisions of STCW, and as required by this Administration, the following general requirements must be complied with in the application and approval of individual applicants in the following capacities:

5.1
Instructor





5.1.1
In accordance with STCW Code, Section A-I/6 (4), any person conducting training of a seafarer as an Instructor, either on board or ashore in an MTI, on an Approved Training Program which is intended to be used in qualifying the seafarer for certification under STCW, shall:





.1
have an appreciation of the training program and an understanding of the specific training objectives for the particular type of training being conducted;
.2
be qualified in the task for which training is being conducted by any of the following means, by showing proof of:





.1
prior approved seagoing service relating to the task; or
.2
prior approved training and issuance of COC or COP pertaining to the task, and refresher/updating training, as appropriate; or
.3
prior approved experience as instructor for a period of at least six (6) months in the last five (5) years, specifically relevant to the task or a substantially similar training program;





.3
if conducting training using a simulator, shall have proof of the following:





.1
have received appropriate guidance in instructional techniques involving the use of simulators (approved I.M.O. Model Course 6.10or an approved substantially similar program); and
.2
have gained practical operational experience on the particular type of simulator being used by accomplishing Simulator Practical Operational Experience Log (SPOEL, Annex 2) for an aggregate period of at least 20 hours conducted on 10 separate days under the supervision of an experienced instructor/operator of that particular type of simulator;
.3
if conducting training using different types of simulators, must accomplish separate SPOEL for each type of simulator being used, in accordance with 5.1.1.3.2 above.





5.1.2
Proof of successful completion of approved l.M.O. Model Course 6.09 (Training Course for Instructors). However, in the absence of this requirement, an applicant may be given a Short-Term Permit - Type 1 (STP1), valid for fifteen (15) calendar days from the day the STP1 is granted. The STP may be renewed, subject to applicable fees.





5.2
Supervisor





In accordance with STCW Code, Section A-l/6 (5), any person responsible for the supervision of in-service training of a seafarer, either on board or ashore in an MTl, which is intended to be used in qualifying the seafarer for certification under STCW, shall:





5.2.1
have a full understanding of the training program and the specific objectives for each type of training being conducted; and





5.2.2
have proof of successful completion of the approved l.M.O. Model Course 6.09 (Training Course for Instructors).
5.3
Assessor





In accordance with STCW Code, Section A-l/B (6), any person conducting in- service assessment of a seafarer, either on board or ashore in an MTl, which is intended to be used in qualifying the seafarer for certification under STCW, shall:





5.3.1
have a an appropriate level of knowledge and understanding of the competence to be assessed;





5.3.2
be qualified in the task for which the assessment is being made by any of the following means, by showing proof of:





.1
prior approved seagoing service relating to the task; or
.2
prior approved training and issuance of COC or COP pertaining to the task, and refresher/updating training, as appropriate; or
.3
prior approved assessment experience for a period of at least three (3) months within the last five (5) years, specifically relevant to the task or a substantially similar training program;





5.3.3
have received appropriate guidance in assessment methods and practice by submitting proof of successful completion of the approved l.M.O. Model Course 3.12 (Assessment, Examination and Certification of Seafarers);





5.3.4
have gained practical assessment experience by accomplishing Practical Assessor’s Experience Log (PAEL, Annex 3) for an aggregate period of at least twenty (20) hours conducted on at least ten (10) separate assessment days under the supervision of an experienced assessor;





5.3.5
if conducting assessment involving the use of simulators, have gained practical assessment experience on the particular type of simulator being used by accomplishing Simulator Practical Assessor’s Experience Log (SPAEL, Annex 1) for an aggregate period of at least twenty (20) hours conducted on at least ten (10) separate assessment days, under the supervision and to the satisfaction of an experienced assessor with the use of simulators;





5.3.6
if conducting assessment using different types of simulators, must accomplish separate SPAEL’s for each type of simulator, as per 5.5.5 above.


6. SPECIFIC QUALIFICATION STANDARDS FOR INSTRUCTORS AND ASSESSORS

In accordance with the pertinent provisions of STCW, and as required by this Administration, the following specific qualification standards for ensuring that an applicant is qualified in the task for which training or assessment is being made, must be complied with, in the application and approval of individual applicants as Instructor or Assessor, under Annex 1, which may be amended as necessary.

7. DOCUMENTARY REQUIREMENTS:

The application for accreditation shall be accepted by the Accreditation Division, STCW Office, upon presentation of the following:

7.1
For New Applicant as Instructor, Supervisor or Assessor:





7.1.1
Application Letter, clearly enumerating the specific ATP code and the capacity being applied for, based on Annex 1 (Specific Qualification Standards);





(Ex. 1)
1.1
Basic Training, Personal Survival Techniques – Instructor
2)
1.1
Basic Training, Personal Survival Techniques – Supervisor
3)
1.1
Basic Training, Personal Survival Techniques – Assessor
4)
10
Basic Training for Oil & Chemical Tanker Operations – Instructor
5)
11
Advanced Training for Chemical Tanker Cargo Operations – Instructor
6)
11
Advanced Training for Chemical Tanker Cargo Operations – Supervisor
7)
11
Advanced Training for Chemical Tanker Cargo Operations - Assessor)





7.1.2
Certified True Copy (CTC) of the required documents as proof of compliance with the approved qualification standards, under “General Qualification Standards” and “Specific Qualification Standards”. Only the issuing authority of such documents may provide the CTC. If such CTC is not available, the original documents, along with photocopies, must be shown to the receiving officer of the Accreditation Division for comparison with the photocopies, to be marked in RED as “Original Shown”. Redundant documents for various ATPs and capacities need not be submitted separately, but must be marked by the applicant in red ink specifying for which of the enumerations under Annex 1 (Specific Qualification Standards) such documents apply;





(Ex: If prior approved seagoing service related to all the seven (7) capacities cited above in 7.1.1 is submitted, then it should be marked “(1.1.2), (1.1.2), (11.2), (10.3), (11.3), (11.3), (11.3)”)





7.1.3
Receipt of payment of the required fees and charges to the STCW Office, MARINA Central Office.





7.2
For An Applicant with Existing Valid or Expired Accreditation as Instructor, Supervisor or Assessor for Approved Training Programs (ATPs) prior to the 2010 Manila Amendments:





7.2.1
All the documentary evidence, similar to 7.1 above; or
7.2.2
For an applicant-instructor only, in lieu of similar requirements in 7.1.2 above, Certified True Copy (CTC) of the Existing Valid or Expired Accreditation for specifically-related Approved Training Programs (ATPs) prior to the 2010 Manila Amendments, issued by MARINA or other government agency that previously performed this function. (Example: Previous Accreditation as Instructor in General Tanker Familiarization (GTF) may be used to apply as Instructor in Basic Training for Liquefied Gas Tanker Operations (BTLGT), with the submission of other requirements such as prior sea service on liquefied gas tanker, etc), plus a certification from an MTI that the applicant has previously performed in such capacity (Instructor, Supervisor, or Assessor) for that ATP for a specific period of time, with inclusive dates; and
7.2.3
In addition to 7.2.2 for an applicant-instructor, refresher/updating training, as appropriate. In the absence of such refresher/updating training, he may be issued an STP3.
7.2.4
Payment of the required fees and charges to the MARINA Central Office, STCWO.

8. OTHER MATTERS RELATING TO THE PERFORMANCE OF FUNCTIONS AS INSTRUCTOR, SUPERVISOR OR ASSESSOR

8.1
An Assessor may not conduct Assessment of Competence of a seafarer who had completed an Approved Training Program in an MTI wherein he is the Instructor;
8.2
An Assessor may conduct Assessment of Competence of a seafarer who had completed an Approved Training Program wherein he is the Supervisor;
8.3
A Supervisor may not supervise the conduct of training wherein he is the Instructor, and must always be available to supervise the conduct of ATPs that he is supervising;
8.4
An STP1 will never ripen into a Certificate of Accreditation as an Instructor and is valid for a maximum period of fifteen (15) calendar days only;
8.5
To ensure the quality of instruction and good health of Instructors of Approved Training Programs, an accredited Instructor is highly discouraged from performing as such for more than eight (8) hours a day, whether in a similar ATP or not, or in different MTIs. However, in urgent cases, an MTI may apply for a STP2 on behalf of the Instructor, valid for a period of not more than fifteen (15) days, stating clearly in the application the reason for such urgency. The interval between such performances as Instructor shall be at least seven (7) days;
8.6
An Instructor or Assessor may perform as such in different MTls, with prior notice from the Instructor or Assessor to the Monitoring Division, STCW Office at least three (3) working days from the start of the conduct of such ATPs, which shall not exceed a period of one (1) month, specifically showing:
.1
the dates and hours that will be covered;
.2
the ATPs and specific batch numbers; and
.3
a letter of permission from the Heads of both MTIs that the Instructor or Assessor has been allowed by both MTIs to do so.
8.7
The accreditation for ATPs with multiple functions or tasks (ie. Basic Training, Management Level Course) shall be applied for, and be issued, separately.
8.8
During the Accreditation, Monitoring or Surveillance process, the Administration may suspend the validity of the Accreditation of the Instructor, Supervisor or Assessor upon a clear finding that such individual grossly lacks the competence to carry out the task for which he was accredited to perform, until after satisfactory compliance of clearly showing by the individual that has eventually met the competence to perform as such.
8.9
Any false or forged entry to, or the production of any fake documentary evidence for qualification shall be grounds for future action by the Administration against the candidate and the perpetrator.

9. FEES AND CHARGES:

9.1
Fees shall be charged for each application and separately for accreditation in each capacity and each ATP.
9.2
As approved under MC 2013-12, the following fees shall apply:
.1
Application Fee - P500.00 (per application, irrespective of the number of capacities and ATP’s applied for, in a single application);
.2
Accreditation Fee (including STP) - P500.00 (for each capacity and ATP (or Functions), separately);
.3
Replacement of lost/damaged Certificate of Accreditation - P500.00;
.4
Surcharge for expired Certificate of Accreditation, or late filing - P500.00.

10. VALIDITY OF CERTIFICATE OF ACCREDITATION AND RELATED DOCUMENTS

10.1
The Certificate of Accreditation (COA) for every capacity shall be valid for five (5) years, inclusive of the period of validity of the Interim Accreditation (IA), as appropriate.
10.2
The application for renewal shall be filed at least six (6) months before the expiration of the original certificate. Otherwise, the surcharge given in 9.2.4 shall apply.
10.3
COA’s issued prior to this Circular with a five-year validity period that are still valid, shall remain valid until their expiration date, except when the Administration specifically implements new requirements in compliance with STCW.
10.4
COA’s previously issued by the Administration, or by any other government agency, that do not specify a validity period shall be deemed expired as of October 15, 2014.
10.5
An Interim Accreditation (IA) has a maximum validity of six (6) months, and shall automatically expire upon the issuance of a COA. One (1) month prior to such expiration, the individual or MTI where he is employed shall notify the Accreditation Division, STCW Office, in writing.

11. FINES AND PENALTIES:

As approved under MC 2013-12:

11.1
An applicant who after due process, has been found to have submitted false statement in his application, fraudulent or tampered certificates or documents shall pay the following administrative penalties:
.1
First Offense - P5,000.00
.2
Second and Succeeding Offenses - P10,000.00
11.2
Any Certificate of Accreditation issued by MARINA shall be subject to suspension or revocation if the holder is found guilty of gross violation of this Circular.
11.3
Other applicable penalties, as prescribed in the IRR of R.A. 10635 and other applicable penal rules.

12. TRANSITORY PROVISIONS

12.1
All applications for Instructor, Supervisor or Assessor received by the Accreditation Division of STCW Office until the effectivity date of this Circular shall continue to be subject to the existing rules prior to such effectivity date;
12.2
All applications for Instructor, Supervisor or Assessor received by the STCW Office that have been previously preliminarily evaluated by the Accreditation Division are deemed issued an interim Accreditation as of the effectivity date of this Circular, and upon showing proof that Accreditation fees have been paid;
12.3
All applications received by the STCW Office from effectivity date of this Circular shall be subject to these Rules;

13. REPEALING CLAUSE:

All previous issuances relating to the procedure for Accreditation of Instructors, Supervisors and Assessors, are hereby superseded, repealed or amended accordingly, except for the approved fees and fines under MARINA Circular 2013-12.

14. EFFECTIVITY:

This STCW Circular shall take effect immediately on the day of its publication.

Manila, Philippines, September 9, 2014.


Submitted:

(SGD) DR. ALVIN A. TORMON
Executive Director

Approved:

(SGD) DR. MAXIMO Q. MEJIA, JR.
Administrator
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