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17 DE MAIO DE 2016 11

which before entry into force of the Convention for a Party is issued in accordance with the laws of that Party or

the Radio Regulations, shall be recognized as valid for service after entry into force of the Convention for that

Party.

2 – After the entry into force of the Convention for a Party, it may continue to issue certificates of competency

in accordance with its previous practices for a period not exceeding five years. Such certificates shall be

recognized as valid for the purpose of the Convention. During this transitional period such certificates shall be

issued only to persons who had commenced their sea service before entry into force of the Convention for that

Party within the specific ship department to which those certificates relate. The Party shall ensure that all other

candidates for certification shall be examined and certificated in accordance with the Convention.

3 – A Party may, within two years after entry into force of the Convention for that Party, issue a certificate of

service to fishing vessel personnel who hold neither an appropriate certificate under the Convention nor a

certificate of competency issued under its laws before entry into force of the Convention for that Party but who

have:

.1 - Served in the capacity for which they seek a certificate of service for not less than three years at sea within

the last seven years preceding entry into force of the Convention for that Party;

.2 - Produced evidence that they have performed that service satisfactorily; and

.3 - Satisfied the Party as to medical fitness, including eyesight and hearing, taking into account their age at

the time of application.

For the purpose of the Convention, a certificate of service issued under this paragraph shall be regarded as

the equivalent of a certificate issued under the Convention.

Regulation 9

Dispensation

1 – In circumstances of exceptional necessity, an Administration, if in its opinion this will not cause danger to

persons, property or the environment, may issue a dispensation permitting a person to serve in a specified fishing

vessel for a specified period not exceeding six months in a capacity, other than that of the radio operator, except

as provided by the relevant Radio Regulations, for which the person does not hold the appropriate certificate,

provided that the person to whom the dispensation is issued shall be adequately qualified to fill the vacant post

in a safe manner, to the satisfaction of the Administration.

2 – Any dispensation granted for a post shall be granted only to a person properly certificated to fill the post

immediately below it. Where certification of the post below is not required by the Convention, a dispensation may

be issued to a person whose competence and experience are, in the opinion of the Administration, clearly

equivalent to the requirements for the post to be filled, provided that, if such a person holds no appropriate

certificate, the person shall be required to pass a test accepted by the Administration as demonstrating that such

a dispensation may safely be issued. In addition, the Administration shall ensure that the post in question is filled

by the holder of an appropriate certificate as soon as possible.

3 – Each Party shall as soon as possible after 1 January each year send a report to the Secretary-General

giving information of the total number of dispensations in respect of each capacity for which a certificate is

required, including nil returns.

Regulation 10

Equivalents

1 – The Convention shall not prevent a Party from retaining or adopting other educational and training

arrangements, including those involving seagoing service and shipboard organization especially adapted to

technical developments and to special types of vessels, provided that the level of seagoing service, knowledge

and efficiency as regards navigational and technical handling of vessels ensures a degree of safety at sea and

has a preventive effect as regards pollution at least equivalent to the requirements of the Convention.

2 – Details of such arrangements shall be included in the report under article 4.