A ship without certificates is a dead ship. It is impossible to sail a ship in high seas without valid certificates. Also any insurance taken up by the ship owner will be null and void if any certificate is invalid and expired.
I cannot say it enough, how important it is for a ship to have all valid certificates.
But apart from the certificates being valid, there is another requirement that we need to fulfill. All these original certificates need to be on board at all the times.
This makes it so much more important to know which all certificates a ship is required to carry on board.
But are all the certificates carried on board have equal importance ? Can the absence of any of these certificate make a ship unseaworthy ?
If we do not know the answers to these questions, we probably would not know the seriousness of the situation in case a certificate is expired or expiring.
That is where understanding the difference between statutory and mandatory certificate is important.
Difference between Statutory certificates and Mandatory certificates
Statutory certificates are required by the statute. Statute means law. So these are the certificates that are required by the law.
Mandatory certificates, as the name suggests are mandatory to carry on board.
But doesn’t that mean, all statutory certificates are mandatory ? Confusing right ?
While it is important that we have both type of certificates on board, there is a principle difference between statutory and mandatory certificates.
If we sail a ship without a statutory certificate (the one required by law), we are breaking the law. And like any other form of breaking law, it can be charged under criminal law.
Exclusive Bonus: Download the complete list of statutory certificates for ships
If we sail the ship without a mandatory certificate, we are not breaking the law.
But as these certificates are mandatory, we may not be allowed to enter into the port limit of a country. Or we may not be allowed to start the cargo operation.
Statutory and mandatory certificates together are called trading certificates. That is the certificates required for a ship to trade freely.
Now when we talk about statute or law, which laws are applicable to a ship ?
A ship need to follow the laws of the flag state whose flag it is flying. That is the laws of the country where the ship is registered.
An international convention is not a law. It becomes law only when a country adopts the convention by ratification or accession. That is when a country incorporate the convention into its local law.
Let us take an example of certificate required as per SOLAS convention. I am sailing on a ship whose flag has not ratified SOLAS convention.
is it statutory (required by law) to have the SOLAS certificates (safety equipments, safety construction etc) on board my ship ?
No, these will not be statutory certificates. But these certificates would become mandatory if the ship need to go to a country that has ratified SOLAS convention.
In this case SOLAS certificates will be mandatory but not statutory.
But with more that 99% of the world tonnage retified the SOLAS convention, we can safely say that certificates required as per SOLAS convention are statutory certificates.
I hope the difference in statutory and mandatory certificates is clear. Even if it is not clear, we can take two points home.
- Statutory certificates are required by law. The only law a ship need to follow is the laws of the country where it is registered
- Mandatory certificates are not required by law but are mandatory for international trading
Let us discuss few of these certificates.
1) Certificate of registry
This is the trading certificate issued to the ship by the flag state. This is the certificate that defines the nationality of the ship. This certificate also has the port of registry information.
If I can say it in simple words, this certificate is no different from the certificate of registry of our cars.
If you notice in the registration certificate of a car, it has following minimum information
- Place & country of registration
- Name and address of the owner of vehicle
- Physical particulars of the vehicle (for example length and width)
- Other details of the vehicle (like seating capacity, engine details etc)
Now the details in the certificate of registry of the ship is no different than this. It has the
- port of registry of the ship
- Name and address of the ship owner
- Basic ship particulars like Length overall, Breadth, gross tonnage etc
For a ship to qualify for registration in a particular country, the ship owner need to meet the conditions set by that country. For example for a ship to be registered in India, the ship should be
i) owned by a citizen of India or
ii) owned by a company or body established by or under any central or state Act which has its principle place of business in India. Or
iii) owned by a co-operative society which is registered or deemed to be registered under the Co-operative Society Act, 1912, or any other law relating to Co-operative Societies for the time being in force in any state.
When a ship qualifies to be registered in a country, the certificate of registry is issued based upon
- Certificate of sale to the ship owner
- Builder’s certificate containing the details of the ship
While “Certificate of registry” does not have any expiry date, some flag state may give a validity period to this certificate.
As this certificate is required by local laws of the flag state as well as UNCLOS, this certificate would fall under statutory certificate category.
Certificates as per SOLAS Convention
SOLAS convention requires each ship to have and maintain certain certificates on board. Each ship whose flag state has ratified this convention would need to have these certificate as per law.
So for the ships whose flag has ratified the SOLAS convention, these certificate will be statutory certificates.
Let us discuss few of the certificates a ship need to have on board as per SOLAS convention.
2) Minimum safe manning certificate
As the name suggests, this certificate mentions how many minimum crew need to be on board to run the ship.
This is as per the rules of the each flag state and SOLAS chapter V regulation 14.
SOLAS chapter V asks flag states to set up manning level to ensure ships are adequately manned. As a general rule the number of crew required would depend upon
- The trade of the vessel
- If the engine room is manned or unmanned (UMS)
Minimum safe manning certificate usually does not have any expiry except for some flags. For example “minimum safe manning certificate” issued by Saudi Arabia have validity of 2 years.
The certificate is a statutory certificate as it is required by the flag states rules and SOLAS.
3) International ship safety equipments certificate
This certificate is issued to the ship after verifying the operational readiness of all the safety equipments on board.
The certificate need to have a form E attached with it. Form E of this certificate gives the detail of each safety equipment that need to be on board.
The certificate is valid maximum for 5 years. The class stamps the certificate for annual endorsement each year.
This certificate is required by SOLAS convention chapter III.
4) International ship construction certificate
This certificate is issued as per the requirements of SOLAS chapter II.
The certificate is valid maximum for 5 years. The class stamps the certificate for annual endorsement each year.
5) International Ship safety radio certificate
This certificate is issued as per the requirements of SOLAS chapter IV. The certificate is issued after verifying that all the radio equipments are in good working condition.
The certificate also has a Form R attached to it. Form R gives the details of all the radio equipments required and available on board.
The certificate is valid maximum for 5 years. The class stamps the certificate for annual endorsement each year after verifying each element.
6) Safety management system certificate
Safety management system certificate is issued as per the requirements of SOLAS chapter IX and ISM code. The issuance of this certificate to a ship means that it complies with the ISM code and the requirements of SOLAS chapter IX.
The certificate is valid for maximum 5 years. This certificate need to be endorsed for intermediate verification every 2.5 years. This intermediate endorsement is done after successful completion of external SMS audit which is done by the RSO (usually class) on behalf of the flag.
Certificates as per Marpol Convention
MARPOL convention requires each ship to have and maintain certain certificates on board. Each ship whose flag state has ratified this convention would need to have these certificate as per law.
So for the ships whose flag has ratified the MARPOL convention, these certificate will be statutory certificates.
Let us discuss few of the certificates a ship need to have on board as per SOLAS convention.
7) International oil pollution prevention certificate
IOPP certificate is issued to all the ships to which annex I of the MARPOL applies. Annex I is not only applicable to the ships that carry oil as cargo but also to the ships that carry bunker oil as fuel.
IOPP certificate will have either the Form A or Form B attached to it. Form A applies to the ships that do not carry oil as cargo. Form B applies to the oil tankers or the ships that carry oil as cargo.
Form A and form B gives the details of the equipments required as per MARPOL annex I that are fitted on board. These equipments may include
- Oil discharge monitoring equipment
- Oily water separator
- details and capacity of engine room bilges
- Inert gas system or Inert gas generator
The certificate also has maximum 5 years validity and is endorsed annually. The certificate is endorsed after class verifies
- all the MARPOL equipments
- Operations of the Marpol equipments
- All the Marpol related records
8) International sewage pollution prevention certificate
Issuance of this certificate certifies that ship is in compliant with the annex IV of the marpol. The certificate gives the details of
- Sewage treatment plant (if fitted)
- Sewage holding tank & its capacity (if fitted)
- number of persons the sewage treatment plant or sewage holding tank is certified for
The certificate is valid for maximum 5 years.
9) International air pollution prevention certificate
This certificate certifies that ship complies with the Annex VI of the marpol. The certificate have
- the detail of the all the engines (main as well as auxilary).
- information if the vessel comes under tier I, II or III
The certificate can have maximum validity of 5 years.
Certificate as per Loadline convention
10) International loadline certificate
This certificate gives the detail of the loadlines of the vessel. In simple words from this certificate we can get following information
- Draft corresponding to each loadline (for example Summer loadline draft, tropical loadline draft etc)
- Freeboard corresponding to each loadline (for example freeboard of the ship at summer loadline, tropical loadline etc).
The certificate is issued after loadlines are assigned to the vessel. The loadline convention requires each ship to maintain a minimum freeboard. So it is in fact the freeboard that is assigned to the ship.
“Freeboard assignment certificate” gives the entire calculation for freeboard assignment to the ship. The corresponding drafts are are then calculated by substracting the freeboard from the total depth of the ship.
The assignment of freeboard depends upon a lots of factors. These are the factors that contributes to the reserve buoyancy of the ship. Some of these factors include
- Air pipes of the ballast tanks
- Water tightness of the water tight doors
- Mast houses & store rooms on deck
- drain plugs of the water tight compartments such as mast houses
Checking and verification of all these factors becomes the basis of annual endorsement and renewal of loadline certificate.
The certificate is valid for maximum 5 years and it requires annual endorsement on the certificate.
11) Certificate of class
Involvement of classification societies in ship building and ship machinery has become a necessity because of their expertise in the field.
Solas Chapter II has a mention of the role of classification societies.
So ships either need to be constructed as per the rules of class or as per national standards of the administration.
But it is so much easy for the flags to follow the rules of the class than develop its own rules which also need to be updated as per the amendments to the various regulations.
So having the ships comply with the classification rules along with the statutory requirements have become a norm for international standards for ships.
If the ship is constructed as per the rules of classification societies, It is statutory for ship to have certificate of class that proves that ship is constructed that way.
Ship can also be constructed as per the national standards of the flag state in which case class certificate would not be required. But it is very rare that a classification society is not involved in the construction of a ship.
So far we have discussed some of the statutory certificates. We have also discussed that if a flag has not ratified a convention, for the ships flying its flag these certificate would not be statutory.
But for these ships, the certificates required under these conventions would be mandatory for international trading.
Mandatory certificates are also sometimes referred to as obligatory certificates.
But are there any other certificates that are not statutory but are mandatory. Yes, there are. Let us discuss few of these certificates.
12) Certificate of entry for P&I club
This certificate shows that ship is covered under the P&I club which has issued this certificate. If the ship is not covered by a P&I club, the port authorities may not allow the ship to enter or start cargo operation.
But if the ship has not entered into a P&I club, this would not make the ship unseaworthy.
Similarly for a ship to call a US port, it would need to have “Certificate of financial responsibility”. If a vessel do not have this certificate, the US authorities do not allow the ship to operate in US waters.
Again, if a ship has been sailing at sea without this certificate will not be an unseaworthy ship. So these certificate even though not statutory, are mandatory to have on board.
There are few certificates that are neither mandatory nor statutory. These can be called non-mandatory certificates.
If these certificates are not on board, this will neither make the ship unseaworthy nor will it hamper the ship operations. Garbage management certificate is one such example.
Though there is no requirement for a certificate for compliance with annex V of the Marpol, class sometime issues such certificate.
It is so important for us to know about ship’s certificates. Which certificates makes a ship seaworthy ? Which certificate if not available on board can delay the ship ?
Only when we know the importance of a certificate and implications for not having a certificate on board, we can timely alert our shore office.
Ship staff in general and masters in particular must be aware of what all certificates are statutory. That is the certificates that are required to be onboard by the law.
When we know this, we would know that taking a ship to sea without any of these certificate can have drastic implications.
About Capt Rajeev Jassal
Capt. Rajeev Jassal has sailed for over 24 years mainly on crude oil, product and chemical tankers. He holds MBA in shipping & Logistics degree from London. He has done extensive research on quantitatively measuring Safety culture onboard and safety climate ashore which he believes is the most important element for safer shipping.
Thanks a lot sir...some of the surveyors in mmd saying that 4 more annexs came into force in marpol.total there are 10 annexes in marpol.....but its not given in any websites..is this information right?
Right now there are only 6 annexes to the Marpol.
thanks sir, found it very useful .
Glad you found it useful Capt Shahinfar..
Dear Sir, Million of thanks to u for sharing us valuable knowledge. God always bless you sir.
Thanks you Raman..Feel free to post any question you may have anytime on our new section Questions...
Excellent article captain sir , really useful information!
Glad you found it useful Nitin..
Keep the good work going.
Thank you Mohammad..
Capt. Sab really thankful for a very very useful information, the explanation with example is really impressive. Thank you once again
Sir, this beautifully explained simple yet complete and profoundly explained, sir kindly also explain tonnage convention in this blog then it would be great, I think this will come under statutory cert.
For Certificate part, yes it is a statutory certificate.
Superb explanation....Capt Sir..
Why ships need to have a certificate of class??Is is required only for Insurance purpose??
SOLAS Chapter II, Reg 3-1 requires that ships need to be designed, constructed and maintained as per the requirements of the classification society or as per applicable national standards of the flag. Most of the flags do not have their own set standards for construction of ships. Most of the flags rather go with the first options that is "as per the standards of classification society". So we can say that Certificate of class is required as per SOLAS chapter II, Reg 3-1.
Sir...I don't have any word to say about this explanation.but one thing I want to tell u sir ..u explain in very simple words which help me lot ...thnxxx a lot sir ......ur effort sir
Glad you found it useful RK..
sir, many thanks for above info on certificates, could you please explain the magnetic compass its correction as iam preparing for master orals and worried about magnetic compass.
I will write on magnetic compass shortly Imran..
Thank you very much sir, it is really very useful information.
Glad you found it useful Amit..
Thank you very much sir, it is really very useful information.Is certificate of class mandatory or statutory ..... as u mentioned ship can built with national regulations without class..
Glad you found it useful Vignesh.. Regarding your question, I have answered this in detail here. Is Class a Statutory certificate or Mandatory Certificate ?
Thank u sir for such an explanation.would like to know list of certificates for oil tanker
Apart from other common certificates, Oil tankers will have certificates like CLC, IOPP with Form B.
thank you very much sir, really knowledgeable information...
Glad to hear that Harbinder..
sir if company has same type of 2 vsl register under 2 different flag state den how many doc she will have 1 or 2. pls if u can ans. thx a lot.
2. The Document of compliance is issued on behalf of the flag. So if company is managing vessels for two flags, they need to have DOC from both the flags.
Excellent article captain, really simple and useful information. keep going, God Bless you.
Glad you liked it..
It was a good explanation and good work. thank you very much for your good work
Excellent article Sir. Thanks
Glad you liked it Pulkit...
Wht is the difference between statutory and mandatory surveys
Sir please give more example of Mandatory Certificate
Sir what is non trading certificate? Give example?
excellent article sir.....please clarify one doubt.... suppose I am sailing on a ship whose flag has not ratified SOLAS convention. But my ship, require these mandatory certificates for international trade. in this case who will issue solas related certificates? can flag delegate it to Class/ RO without ratifying a convention?
In this case, the class will issue the "Statement of Compliance". So for safety equipment certificate, the class will issue "Statement of compliance with cargo ship safety equipment". This is a statement from the class that ship complies with the elements of safety equipment required as per SOLAS. Same will be for other certificates.
a BIG thanks for you....
Great!!!! Thanks a lot!!
Thanks, Md Raihan...
sir can u explain why most convention is for 500GT ships? why 500 GT? thanks
thanks for the info Capt. Jassal
thanks capt. jassal
Thank you for reading Narendra...
thanks for your golden information.Keep going God bless you
Glad you liked it Mohammed...
So many thanks Captain Rajeev.
Thank you for reading Mario...
Sir, on what grounds does IMO set the validity of all COCs to be 5 yrs? Why not open as Tonnage certificate? (lifetime).
It's very useful sir, Ship sanitation certificate is mandatory r not
My vessel 15ppm certificate is out of date by 6 years, does this mean our IOPP is invalid, and does this mean our insurance is invalid? Grateful for advice.
Dear sir, the content is very useful for examination purpose. Thanks, for giving knowledge in very simple manner. Your work is highly appreciated!!
Many Many thanks !!!
Dear sir If mandatory certificate are not onboard, what will happen?
I have a question regarding load line survey why it important for ballast and bilge system
Thanks sir,now I m clearly understood
thanks a lot sir,knowledge about certificate is improved
Gr8 article sir.... Clears many doubts. However there is an oral question doing rounds, tht, Which is that 1 certificate checking of which will ensure tht all other certificates are valid? Waiting for your answer. TIA
If a flag has not ratified a convention, for the ships flying its flag these certificate would not be statutory certificates required under these conventions would be mandatory for international trading. My question regarding mandatory certificate is, if a flag state is not signatory of the international rules hence she can't issue the required certificate though it is required by the other state in their waters. so who will issue this mandatory certificate to make the business. mandatory certificate part is not cleared whereas statutory certificate is very much clear by examples. thanks for the effort. kindly clear my doubt on mandatory certificate.
Thank you sir, I searched everywhere but finally I got this and now I don't have any doubts regarding certificates. Sir, there is a request if you can please post in tabular form like statutory certificate, mandatory certificate and non mandatory certificate in three columns that will be very much helpful for us sir, thank you sir in advance.
Can't you do it yourself?
Thanks sir..need some more talented bloggers like you on this site.
Many thanks, very clear and important information. Again many thanks. With my respect.
Thanks Capt Rajeev, valuable reminder for my job interview.
Thank you so much captain, this helps me a lot with my class 3 orals
Sir thank u very much for grt info
Sir please write about magnetic compass and specially tentative swing. Thanks in advance.
Thank you Captain for providing succinct information on this topic. It is very helpful for clarification.
Sir.!.What are the importance of certificate of a ship?
sir, please mention the list of mandatory certificates..
Sir, Thak you so much for sharing your knowledge. I hope it will be very helpful for my Orals
1)which all certificates have no survey? 2)which certificates does not have intermediate/annual/periodic survey? 3)which all certificates doesn't require annual survey? 4)which certificates have only intermediate survey? 5)what are the certificate require for cow and foam?
I am giving masters orals. I want to know is there any difference between minimum safe manning and safe manning certificate or are they same .normally we have safe manning certificate /document onboard.
The information about these topics are found in different website. but the way you composed and expressed the information is too good . very well explained sir and very easy to understand, thanks a lot.
certificate required to carry neptha onboard plz explain.
Good information about statutory certificates that needs to be carries on ship
Good day sir...your information is very concise and precise..can you help me with the complete set of cert/validity/issuing authority/surveys (initial,periodic,renewal) for an oil/chem tanker..i would be most grateful..thank you
Dear Capt. Rajiv, Good morning. I am a seafarer sailing who was a Radio Officer since 1979 and then switched over as a Deck Officer. Presently I am hoping Mate NCV certificate and still sailing. Presently I am preparing for my ASM orals and also trying to appear for my Oral Exam. I take immense pleasure to read your notes on different topics in the Maritime Education . Especially all your Topics are clear and concise and to the point. All your notes are easy to understand as well as we enjoy in trading again and again. I wish Almighty God to Bless you and your family to give Good Health wealth and happiness. If you have all the entire notes to read for ASM orals or if you suggest which noted to refer will be great. Thanks once again and keep your Good work for our Maritime freternity. Have a wonderful day. Warm regards F.Anyone Corera
Wow Sir, This information came just in time. I had been finding it hard to get my head around this certificate thing. Thank very much for such an enriching write up
Thanks Capt. Rajiv. Very simple and Clear.
It is really a usefull information Sir. Many people including me were confused about these certificates but now it is clear. Thank you so much sir..
Sir... 2 Statuary Certificates are also known as intermediate certificates which have have years validation but they are subjected to endorsed every 2.5 years..... one is Safety Management Certificate whichbone is the other one?? plz tell me sir
Thank u sir, everything on certificates part are clear. Sir, please tell in details what and how PSC inspections can be cleared. What necessary things to do before any inspections and survey. Thanks in advance.
Sir, I have a doubt. Whether a foreign ship with serious deficiency regarding ballast water management system be detained by Indian PSCO, Since india is not a party to the BWM Convention.If can detain the why??
It was really useful sir . Sir only one certifivate is life time validity international tonnage ?
Thank you very much captain, for your great effort, I enjoy reading your articles. How about other certificates related to the equipment s and enforced generally by the class, like for incinerator, oily bilge separator etc.
What is difference between code and convention? Can we say if ship complied with all certificate required by flag state ie statuary certificate ship is seaworthy
Best explanation, now i am clear about Certificates. Thanks a lot.
Dear sir, Excellent explanation on the topic i have a quarry regarding the safety management system certificate. Is it mandatory to carry this certificate if the vessel in under the flag state of SOLAS signatory but only sailing in the flag state territorial water only (no international voyage).please advise. thank you.
simply excellent.. must read for engineers n deck officers.. thx a lot.
Thanks a lot for the usefull information.
Garbage Management Plan and Garbage Record Book are two documents which are mandatory.
very useful and solve ambiguity
All your articles states your way of forming sentence which makes easier for us to understand and it causes more interest to learn the things..I never used to skip anything while reading because of your way..
Thank you very much Capt. Rajeev for all your blogs.... Really appreciate it and admire your professional knowledge. Thanks for sharing!
I have read thorougly and very usefull to understand about the differ between statutory and mandatory certificate
plz can any body tell me the action f CE ON OVERDUE CERTIFICATE,THANKS
İt is really good job.
sir what is the difference of class survey and statutory survey. who conduct the statutory survey. flag state or classification society.
Good day Sir, thank you very much for this valuable information and every other information you have made available. appreciate your kind gesture to the Maritime fraternity. your material is very informative, easy to understand and very helpful. continue to enlighten us with your experience and knowledge. wishing you all the best for your future endeavors.
Thanks .Good read
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Thanks a lot sir.Certificate thing is crystal clear now.
Glad you found it useful Abhishek..
Sir, your explanation on every topic is very helpful and easy to understand. thank you very much.