UNITED NATIONS

ECONOMIC COMMISSION FOR EUROPE

Guidelines to resolution No. 40

“International Certificate for Operators
of Pleasure Craft”
Frequently Asked Questions

New York and Geneva, 2018

Photo credit (all photos): @ iStock
FAQ Guidelines to resolution No. 40 (rev. 1)

UNITED NATIONS ECONOMIC COMMISSION

FOR EUROPE

The United Nations Economic Commission for Europe (UNECE) is

one of the five United Nations regional commissions, administered
by the Economic and Social Council (ECOSOC). It was established
in 1947 with the mandate to help rebuild post-war Europe, develop
economic activity and strengthen economic relations among
European countries, and between Europe and the rest of the world.
During the Cold War, UNECE served as a unique forum for
economic dialogue and cooperation between East and West.
Despite the complexity of this period, significant achievements
were made, with consensus reached on numerous harmonization
and standardization agreements.

In the post-Cold War era, UNECE acquired not only many new
member States, but also new functions. Since the early 1990s the
organization has focused on analyses of the transition process,
using its harmonization experience to facilitate the integration of
Central and Eastern European countries into the global markets.

UNECE is the forum where the countries of western, central and

eastern Europe, central Asia and North America — 56 countries in
all — come together to forge the tools of their economic
cooperation. That cooperation concerns economics, statistics,
environment, transport, trade, sustainable energy, timber and
habitat. The Commission offers a regional framework for the
elaboration and harmonization of conventions, norms and
standards. The Commission's experts provide technical assistance
to the countries of South-East Europe and the Commonwealth of
Independent States. This assistance takes the form of advisory
services, training seminars and workshops where countries can
share their experiences and best practices.

3
Guidelines to resolution No. 40 (rev. 1) FAQ

TRANSPORT IN UNECE

The UNECE Sustainable Transport Division is the secretariat of the

Inland Transport Committee (ITC) and the ECOSOC Committee of
Experts on the Transport of Dangerous Goods and on the Globally
Harmonized System of Classification and Labelling of Chemicals.
The ITC and its 17 working parties, as well as the ECOSOC
Committee and its sub-committees are intergovernmental
decision-making bodies that work to improve the daily lives of
people and businesses around the world, in measurable ways and
with concrete actions, to enhance traffic safety, environmental
performance, energy efficiency and the competitiveness of the
transport sector.

The ECOSOC Committee was set up in 1953 by

the Secretary-General of the United Nations at the request of the
Economic and Social Council to elaborate recommendations on the
transport of dangerous goods. Its mandate was extended to the
global (multi-sectoral) harmonization of systems of classification
and labelling of chemicals in 1999. It is composed of experts from
countries which possess the relevant expertise and experience in
the international trade and transport of dangerous goods and
chemicals. Its membership is restricted in order to reflect a proper
geographical balance between all regions of the world and to
ensure adequate participation of developing countries. Although
the Committee is a subsidiary body of ECOSOC,
the Secretary-General decided in 1963 that the secretariat services
would be provided by the UNECE Transport Division.

ITC is a unique intergovernmental forum that was set up in 1947

to support the reconstruction of transport connections in post-war
Europe. Over the years, it has specialized in facilitating the
harmonized and sustainable development of inland modes of
transport. The main results of this persevering and ongoing work
are reflected, among other things, (i) in 58 United Nations
conventions and many more technical regulations, which are
updated on a regular basis and provide an international legal
framework for the sustainable development of national and
international road, rail, inland water and intermodal transport,
4
FAQ Guidelines to resolution No. 40 (rev. 1)

including the transport of dangerous goods, as well as the

construction and inspection of road motor vehicles; (ii) in the
Trans-European North-south Motorway, Trans-European Railway
and the Euro-Asia Transport Links projects, that facilitate multi-
country coordination of transport infrastructure investment
programmes; (iii) in the TIR system, which is a global customs
transit facilitation solution; (iv) in the tool called For Future Inland
Transport Systems (ForFITS), which can assist national and local
governments to monitor carbon dioxide (CO2) emissions coming
from inland transport modes and to select and design climate
change mitigation policies, based on their impact and adapted to
local conditions; (v) in transport statistics — methods and
data — that are internationally agreed on; (vi) in studies and
reports that help transport policy development by addressing
timely issues, based on cutting-edge research and analysis.

ITC also devotes special attention to Intelligent Transport Services

(ITS), sustainable urban mobility and city logistics, as well as to
increasing the resilience of transport networks and services in
response to climate change adaptation and security challenges.

In addition, the UNECE Sustainable Transport and Environment

Divisions, together with the World Health Organization (WHO) —
Europe, co-service the Transport Health and Environment Pan-
European Programme (THE PEP).

As of 2015, the UNECE Sustainable Transport Division provides the

secretariat services for the Secretary-General’s Special Envoy for
Road Safety, Mr. Jean Todt.

Inland Transport Committee (ITC)

Centre of United Nations Transport Conventions

5
Guidelines to resolution No. 40 (rev. 1) FAQ

BACKGROUND

The activities of the Working Party on Inland Water Transport

(SC.3) of the ITC focus on developing a pan-European network
of inland waterways of a sustainable and resilient
infrastructure and services, as an integral part of inland
transport networks and markets. Tasks of SC.3 include promoting
recreational navigation and water tourism by developing and
maintaining UNECE resolutions that establish
models of internationally recognized certificates for
operators of pleasure craft, the European
Recreational Inland Navigation Network (AGNP), the database
of certificate models issued by member States and collecting
information about national legal acts that regulate
recreational navigation.

UNECE resolutions of relevance to recreational navigation are:

• resolution No. 13, International Certificate (international

card) for Pleasure Craft (TRANS/SC.3/118);

• resolution No. 14, International Certificate (international

card) concerning the Competence of Pleasure-Craft
Operators (TRANS/SC.3/96);

• resolution No. 40, International Certificate for Operators of

Pleasure Craft (ECE/TRANS/SC.3/147/Rev.4 and
Amend.1);

• resolution No. 41, Small Craft Used Exclusively for Pleasure

Navigation (TRANS/SC.3/148); and

• resolution No. 52, European Recreational Inland Navigation

Network (ECE/TRANS/SC.3/164/Rev.1).
The International Certificate for Operators of Pleasure Craft (ICC)
which is issued in accordance with resolution No. 40, is recognized
by more than 25 United Nations Member States in the ECE region
and beyond. In 2017, an informal working group on recreational
navigation was established to respond to the increasing inquiries
about ICCs, resolution No. 40 and related issues.

6
FAQ Guidelines to resolution No. 40 (rev. 1)

The UNECE secretariat and the European Boating Association

(EBA) prepared the ‘Guidelines to resolution No. 40’
from the frequently asked questions of administrations
and recreational boaters. The Working Party on
the Standardization of Technical and Safety Requirements
in Inland Navigation (SC.3/WP.3) approved the guidelines
at its forty-fourth session in 2011 in order to facilitate
an understanding of the resolution by operators of pleasure craft.
SC.3 revised and adopted the guidelines at its sixty-first session
in 2017.

Further information can be obtained from [email protected],

[email protected].

7
Guidelines to resolution No. 40 (rev. 1) FAQ

Acronyms

AGNP European Recreational Inland Navigation Network

CEVNI European Code for Inland Waterways

EBA European Boating Association

ECOSOC Economic and Social Council

ICC International Certificate for Operators of Pleasure Craft

(commonly referred to as the International Certificate
of Competence)

ITC Inland Transport Committee

SC.3 Working Party on Inland Water Transport

SC.3/WP.3 Working Party on the Standardization of Technical and

Safety Requirements in Inland Navigation

UNECE United Nations Economic Commission for Europe

8
FAQ Guidelines to resolution No. 40 (rev. 1)

Useful links

SC.3 web page

www.unece.org/trans/main/sc3/sc3.html
UNECE resolutions
www.unece.org/trans/main/sc3/sc3res.html
CEVNI 5, online version
https://wiki.unece.org/display/TransportSustainableCEVNIv5
Web page of the Informal Working Group on Recreational
Navigation
www.unece.org/trans/main/sc3/sc3_ig/group_recreational_navigation.html
ICC database
www.unece.org/trans/main/sc3/icc_resolution_40.html
EBA website
http://www.eba.eu.com/

9
Guidelines to resolution No. 40 (rev. 1) FAQ

A. What is ICC?

1. An International Certificate for Operators of Pleasure Craft,

issued in accordance with resolution No. 40, provides the
holder with evidence of competence for the operation of
pleasure craft, in an internationally recognizable format, which
can be presented to officials in foreign countries upon request.

2. SC.3 originally developed an international certificate for

operators of pleasure craft to facilitate pleasure navigation
on the Rhine and Danube rivers.

3. Each country that the rivers pass through required different

evidence of competence, and this caused difficulties for
boaters crossing borders when navigating on the rivers.

4. The initial agreement, resolution No. 14, was superseded by

an enhanced version, resolution No. 40, which now regulates
ICC and stipulates who ICC can be issued to, the syllabus
requirements and the layout of the certificate.

5. The use of ICC has developed over the years to include

coastal waters and inland waterways generally, in addition to
the rivers it was originally developed for.

10
FAQ Guidelines to resolution No. 40 (rev. 1)

B. Why is ICC important?

6. The standards set out in resolution No. 40 are widely

recognized as providing a reasonable and appropriate level
of competence for day sailing in recreational craft, with due
regard for navigational and crew safety and protection of the
environment. Some countries that have not yet adopted
resolution No. 40 will nonetheless readily accept and
sometimes demand an ICC from visiting boaters as evidence
of competence.

7. All UNECE member States are, for this reason, encouraged

to adopt resolution No. 40.

C. Does ICC replace the need to have a national

certificate?

8. A vessel must comply with the regulations of its flag state

(country of registration), wherever it is in the world. ICC
complements rather than replaces any requirement the flag
state may impose.

11
Guidelines to resolution No. 40 (rev. 1) FAQ

D. What does ICC do for me that my national

certificate doesn’t?

9. Foreign officials cannot be expected to understand what the

certificates issued by each individual country allow the
boater to do, or not do, and the level of competence the
boater has.

10. ICC indicates to the authorities of a foreign country that the

competence of the holder was assessed in accordance with
resolution No. 40 and that the holder has demonstrated the
necessary level of competence for the type of boat and the
area of operation indicated on the ICC.

11. If evidence of competence is required, boaters visiting

another European country will frequently find that an ICC
will suffice. Countries which have adopted resolution No. 40
should automatically accept ICC; furthermore, ICC are also
likely to be accepted in many other countries which have not
formally accepted resolution No. 40.

12
FAQ Guidelines to resolution No. 40 (rev. 1)

E. Does my ICC entitle me to charter a boat?

12. No, ICC can be useful when chartering a boat, but charter
companies are not obliged to accept ICC as evidence of
competence from people wishing to hire their boats.

F. Must I have an ICC?

13. Some countries insist that you have an ICC, while in other
countries your ICC may not be needed at all. The
requirement may also differ between coastal waters and
inland waters within a country.

G. Can I use my ICC outside Europe?

14. ICC is not a global qualification. Even in Europe, the validity

of your ICC is determined by the issuing country and by the
country you are visiting. At the discretion of countries
elsewhere in the world, it may be acceptable evidence of
competence.

13
Guidelines to resolution No. 40 (rev. 1) FAQ

H. What is the definition of coastal waters

in resolution No. 40?

15. Resolution No. 40 does not define coastal waters. It refers to

coastal waters and inland waters which are intended to be
mutually exclusive.

16. ICC was never intended to replace national certificates and

was not intended for use within the territorial and internal
waters of the vessel’s flag state. The ICC is intended to
facilitate the movement of recreational craft through the
internal and territorial waters of countries other than the
vessel’s flag state. Outside internal and territorial waters (at
the most 12 nautical miles from the baseline of the coastal
state), the flag state has jurisdiction in accordance with the
United Nations Convention on the Law of the Sea, 1982.

I. Can any country apply resolution No. 40?

17. Notwithstanding paragraph 14 above, the answer is ‘Yes’.

Resolution No. 40 is global and is, therefore, open for
application by all United Nations Member States. For
example, South Africa accepted and applies
resolution No. 40.

14
FAQ Guidelines to resolution No. 40 (rev. 1)

18. To apply resolution No. 40, a State must notify

the Executive Secretary of UNECE that it accepts
resolution No. 40, provide information on the designated
authorities responsible for ICC, indicate where the
legislation on recreational navigation may be downloaded,
indicate which model of ICC is issued and provide a
sample certificate.

J. Where can I find the information on which

countries implement resolution No. 40
and other practical information about
its application?

19. Since 2010, the information on the countries which have

accepted resolution No. 40, the list of competent authorities
for authorization of ICC and approved issuing bodies for
issuing ICC are included in Annex IV to resolution No. 40.
This information is regularly updated by SC.3. The latest
edition of the resolution is available at:
www.unece.org/trans/main/sc3/sc3res.html.

15
Guidelines to resolution No. 40 (rev. 1) FAQ

K. Can the authorities in one UNECE member

country issue ICC to a national of another
UNECE member country?

20. To issue ICC, governments must first implement

resolution No. 40. They may then nominate competent
authorities and approved bodies which can issue the
certificate on their behalf. Implementing governments are
recommended to issue the certificate to their own nationals
or residents or to the nationals of any North American
country or any country that is not a UNECE member.
However, resolution No. 40 enables rather than restricts, so
implementing governments may, if they choose, issue ICC to
a national or resident of a country which has not
implemented resolution No. 40.

21. Applicants must hold the implementing government’s

national certificate or must have passed an examination by
that government in accordance with the requirements
detailed in Annex I to resolution No. 40. Governments are
not required to accept a national certificate issued by the
government of another country as the basis for an ICC.

16
FAQ Guidelines to resolution No. 40 (rev. 1)

L. Can a citizen of a country that

has not accepted resolution No. 40,
obtain an ICC?

22. Nationals and residents of:

• any North American country; or

• any country that is not a UNECE member State; or

• any country that has not implemented

resolution No. 40,

can obtain an ICC from a government which

has implemented resolution No. 40 (see paragraph 20
above), or an approved body appointed by that
implementing government, provided that the
implementing government is willing to issue an ICC
to such individuals, or that the approved body is
authorised by its implementing government to do so (as
appropriate).

17
Guidelines to resolution No. 40 (rev. 1) FAQ

23. In order to obtain an ICC, such individuals should (as

applicable):
• obtain the national qualification of the implementing
government, then present the qualification to the
implementing government or an approved body
appointed by it in order to obtain an ICC
(resolution No. 40, Annex I, part I, paragraph 1); or

• undertake an examination specified by the

implementing government or an approved body
appointed by it (resolution No. 40, Annex I, part I,
paragraph 2).

The applicant must follow the procedures and meet the

issuance criteria of the implementing government, its
competent authority and the approved body.

M. Can a citizen of a country that has not accepted

resolution No. 40, transfer their national
certificate to an ICC?

24. A national certificate of a country, which has not accepted

resolution No. 40, cannot be transferred to an ICC.

18
FAQ Guidelines to resolution No. 40 (rev. 1)

N. Can a country issue ICC for inland waterways,

if it does not apply the European Code for Inland
Waterways (CEVNI) and has no CEVNI test?

25. In accordance with paragraph 3.1 of resolution No. 40, to

obtain ICC for inland waterways, an applicant has to
demonstrate sufficient knowledge of CEVNI. The resolution
does not stipulate how a government assesses sufficient
knowledge. A country that has no national certificate which
demonstrates that the holder has knowledge of CEVNI, can
still issue ICC for inland waterways as long as it establishes
that the applicant has sufficient knowledge of CEVNI. This
could be achieved using one of the following options:

• develop a CEVNI test specifically for issuing ICC;

• recognize the outcome of the CEVNI test adopted in

another country.

19
Guidelines to resolution No. 40 (rev. 1) FAQ

Notes

20