Scope and Purpose of the Law
The basis of this page is the Georgian Law on the Education, Training and Certification of Seafarers; the general norms of maritime law sit in separate legislation. Under Article 1 of the law, it defines the unified standards and rules of the education, training and certification of seafarers in Georgia, as well as the systems of monitoring maritime educational institutions, the recognition and monitoring of maritime training institutions, and the selection and monitoring of medical institutions. The profession of seafarer is a regulated profession, and maritime higher educational programs are regulated academic ones; the law aims at a system of seafarers' education and certification meeting modern requirements. The law was developed taking into account the 1978 International Convention on Standards of Training, Certification and Watchkeeping for Seafarers and is based on its fundamental principles.
Issuance and Registration of Certificates
Under Article 8, the Agency issues a certificate where the person satisfies the requirements concerning age, education, seagoing service, state of health, training and competence assessment. The applicant submits an identity document; a document on the conformity of the state of health, especially eyesight and hearing, with the standards established by the Convention, issued by a selected medical institution; documents confirming approved seagoing service, completed training and education; and a document of conformity with the competence standards. The Agency keeps a registry of all certificates of captains, officers and ratings — issued, expired, extended, suspended, cancelled, lost or destroyed — makes information on issued certificates available to all interested persons, and answers an official request within 5 working days. A certificate of competence in Georgia is issued or renewed only to a Georgian citizen, on the basis of maritime education received on the territory of Georgia.
Seagoing service does not include, for a deck department seafarer, navigation on a light vessel or a sports vessel, navigation within the aquatorium of a port, on a floating dock or floating crane, repair stay longer than 1 month, and navigation on a ship of less than 500 tons total capacity — for obtaining the certificate of watchkeeping assistant of a ship of 500 tons or more. For a ship's engineer the analogous rule is tied to a threshold of 750 kilowatts of propulsion power, and for an electrician to electrical equipment of less than 50 kilowatts. Two months of work at the Agency counts as one month of approved service; two months of work as a pilot certified by the Agency counts in the same proportion, provided the pilot has carried out 120 pilotage escortings within the last 5 years, including no fewer than 12 within the last 12 months. Service acquired in this way may be used only for the renewal of a certificate, not for obtaining a certificate of a higher level.
Educational and Training Institutions
Article 45 regulates the education infrastructure: the authorization of higher institutions training seafarers and the accreditation of their programs are ensured by the National Center for Educational Quality Enhancement, with the Agency participating through its authorized representative. Recognition of maritime training institutions is ensured by the Agency; the application must contain the admission requirements, the course plan and duration, a description of the buildings and equipment, the competence of instructors, supervisors and assessors, the maximum number of persons admitted, the listener-to-instructor ratios, the procedures and purposes of examination and assessment, and the minimum standard of graduates' competence. Recognition is valid for 5 years, and periodic monitoring is carried out by persons not involved in the activity.
Shipowner's Obligations and Crewing
Under Article 53, the owner or managing company of a ship flying the Georgian flag must ensure that every crew member meets the law's requirements: possession of the appropriate certificate, crewing in safe numbers, orderly and accessible documentation on all seafarers, every seafarer's knowledge of their duties and of the ship's mechanisms in daily and emergency modes, and completion of the training required by the Convention. The company must give the captain written instructions for familiarizing every newly employed seafarer with the ship's equipment before duties begin, and designate a crew member responsible for conveying essential information in a language the seafarer understands. Where the company fails, the Agency may suspend the document of compliance issued under the safety management code until the deficiency is corrected. A ship engaged in international navigation must, under Articles 56 and 57, have a safe crewing document: without it, or if the crew is not manned in accordance with it, the ship has no right to go to sea, and the captain must not allow departure. The company applies to the Agency, indicating the ship's data, the type of activity, the area of operation and the minimum crew number; the application is considered together with the 2006 Maritime Labour Convention.
Frequently Asked Questions
Who may receive a certificate of competence in Georgia?
Only a Georgian citizen, on the basis of maritime education received in Georgia, if the person satisfies the requirements concerning age, education, seagoing service, state of health, training and competence assessment.
What happens if a ship lacks the safe-crewing document?
The ship has no right to put to sea; the captain too must not allow departure where the document is not valid or the crew is not manned in conformity with it.
For how long is the recognition of a maritime training institution valid?
The recognition effected by the Agency is valid for 5 years.
Within what term does the Agency answer a request for information?
An official request is answered within 5 working days; if the information cannot be issued, the party is notified of the non-fulfilment within the same term.
How We Help on Legal.ge
The lawyers of Legal.ge assist seafarers and shipping companies with certification, the recognition of training institutions and safe-crewing documentation. Contact us — we will assess your situation against the exact requirements of the Convention and the law.