Regulations Regarding the Implementation of Flag State Supervision of Ships

Issued pursuant to
Section 12, Paragraph three
and Section 17, Paragraph four
of the Maritime Administration
and Marine Safety Law

1. General Provisions

1. This Regulation prescribes:

1.1. the procedures for the implementation of the flag State supervision of ships in relation to inspections of Latvian ships and the periodicity thereof, the certificates of ships to be issued, the suspension of operation thereof or cancellation of certificates, the recognition of ship certificates issued by foreign countries, ship class inspections;

1.2. the functions and rights of ship control inspectors of the Maritime Safety Inspectorate (hereinafter - the Inspectorate) of valsts sabiedrība ar ierobežotu atbildību "Latvijas Jūras administrācija" [State limited liability company Maritime Administration of Latvia] (hereinafter - the Maritime Administration) when implementing the flag State supervision of ships.

[9 August 2022]

2. For the purposes of this Regulation:

2.1. recognised organisation - a classification society recognised in accordance with Regulation (EC) No 391/2009 of the European Parliament and of the Council of 23 April 2009 on common rules and standards for ship inspection and survey organisations, and with which the Maritime Administration has entered into an authorisation agreement;

2.2. international legal acts - international legal acts specified in Section 11, Paragraphs one and two of the Maritime Administration and Marine Safety Law, as well as the codes binding on these legal acts in their up-to-date version;

2.3. statutory certificate - a certificate of ship (certificate) issued in accordance with international legal acts;

2.4. certificate of classification - a document issued by a recognised organisation certifying that the ship, taking into account its construction and mechanical properties, is fit for a particular use or service in accordance with the rules and procedures laid down and made public by that recognised organisation.

3. The Inspectorate shall implement the flag State supervision of Latvian ships by performing the following activities:

3.1. inspections of Latvian ships in order to verify the conformity of the construction, technical condition, equipment, crew, operation and maintenance thereof with the requirements of international legal acts;

3.2. certification of Latvian ships;

3.3. examination and approval of construction and modernisation projects of a Latvian ship, documentation regarding the stability of a ship, the pollution contingency plan in case of an accident, the ship's manual and other documentation of the ship specified in international legal acts;

3.4. general supervision of construction and modernisation works of a Latvian ship;

3.5. supervision of the compliance with the requirements of the International Safety Management Code (hereinafter - the ISM Code) in relation to Latvian ships and shipping companies which own Latvian ships or manage Latvian ships;

3.6. supervision of the compliance with the requirements of the MLC Convention;

3.7. development of guidelines on the application of the requirements specified in the international legal acts and legal acts of the European Union to the satisfaction of the Administration in the cases provided for in the international legal acts, publishing these requirements on the website of the Maritime Administration.

[24 February 2015; 9 August 2022]

4. For such Latvian ships which are engaged in international voyages and, in accordance with the tonnage certificate issued by the Inspectorate or recognised organisation, have the gross tonnage of 500 and above, the Maritime Administration shall authorise a recognised organisation for the performance of the functions referred to in Paragraph 3 of this Regulation in accordance with Section 18, Paragraph one of the Maritime Administration and Marine Safety Law and the laws and regulations regarding the procedures for the monitoring of classification societies (recognised organisations). The recognised organisation shall perform inspections of such Latvian ships and issue the statutory certificates specified in international legal acts and a corresponding certificate of classification, but the Maritime Administration shall ensure verification of the fulfilment of the requirements laid down in the international legal acts binding to Latvia on such ships. The Inspectorate shall perform additional inspections of the abovementioned Latvian ships in accordance with Paragraphs 9, 10, 11, 12, 13 and 29 of this Regulation.

[24 February 2015]

5. For Latvian ships which are not engaged in international voyages or gross tonnage of which in accordance with the tonnage certificate issued by the Inspectorate or recognised organisation is less than 500, flag State supervision shall be performed by the Inspectorate or recognised organisation at the discretion of the shipowner, taking into account the requirements referred to in Chapter IV of this Regulation. If the shipowner chooses the services of a recognised organisation, the Inspectorate shall perform additional inspections of the Latvian ship in accordance with Paragraphs 9 and 12 of this Regulation. If the Latvian shipowner chooses supervision of the Inspectorate, the Inspectorate shall perform the supervision of such ships in accordance with the laws and regulations regarding ship safety and taking into account the requirements referred to in Paragraphs 22 and 30 of this Regulation.

6. The flag State supervision of Latvian ships in relation to the fulfilment of requirements laid down in the International Ship and Port Facility Security Code and other laws and regulations related to ship and port security shall be performed by the Inspectorate. Where necessary, the Maritime Administration may authorise a recognised organisation to perform separate elements of the supervision.

[22 December 2015]

7. The activities referred to in Paragraphs 3 and 6 of this Regulation shall be paid services. In order to co-ordinate the time and place of inspection of a Latvian ship, an operator or bare boat charterer has an obligation to submit the Inspectorate the relevant application for the inspections specified in Paragraphs 9, 11, 13, 19, 22, 23, 24, 27, 29 and 30 of this Regulation.

8. The flag State supervision of Latvian ships shall be implemented in accordance with quality management system corresponding to international standards which has been introduced and maintained by the Maritime Administration and which has been certified and supervised by an independent accredited certification institution.

2. Inspections and Certificates of Latvian Ships

9. The Inspectorate shall perform periodic flag State inspections of Latvian ships which, in accordance with this Regulation, are under the supervision of recognised organisations in order to verify the conformity of Latvian ships with the statutory certificates issued by recognised organisations, as well as to assess the conformity of the crew, operation and maintenance of the Latvian ships with the requirements of international legal acts and to control the quality of the implementation of the functions delegated to recognised organisations, taking into account the following conditions:

9.1. flag State inspections for Latvian ships engaged only in domestic voyages and fishing vessels shall be performed annually so that the interval between flag State inspections would be from 9 to 15 months;

9.2. flag State inspections for Latvian ships which are engaged in international voyages and which are high-risk ships in accordance with the port State control provisions shall be performed at least once every 12 months;

9.3. flag State inspections for Latvian ships which are engaged in international voyages and which are standard-risk ships in accordance with the port State control provisions shall be performed concurrently with the ship security inspections specified in the laws and regulations referred to in Paragraph 6 of this Regulation;

9.4. flag State inspections shall not be performed for Latvian ships which are engaged in international voyages and which are low-risk ships in accordance with the port State control provisions.

[9 August 2022]

9.¹ Flag State inspections for Latvian ships which, in accordance with this Regulation, are under technical supervision of the Inspectorate shall be performed in accordance with laws and regulations regarding ship safety, safety of fishing vessels or safety of passenger ships.

[9 August 2022]

10. If it is not possible to ensure the Inspectorate a visit on the Latvian ship, the inspection may be postponed for a time period of up to six months upon a request of the shipowner, provided that inspection of the Latvian ship shall be performed in the first port where the ship can be visited.

11. If the Latvian ship has been detained during the port State control or significant deficiencies of a Latvian ship which affect the ship safety, human safety or may cause environmental pollution have been identified during flag State inspection, or the crew of the Latvian ship or the Latvian shipowner has not reported an accident or damage in accordance with Chapter I, Regulation 11, Paragraph "c" of the International Convention for the Safety of Life at Sea 1974 with further amendments (hereinafter - the SOLAS Convention), and, therefore, an emergency situation or environmental pollution could have occurred or people could have been killed, as well as if the crew of the Latvian ship has violated the requirements of national laws and regulations regarding maritime safety or international legal acts, the Inspectorate shall apply an enhanced survey regime and additional requirements (Annex) for the Latvian ship and shipping company which manages it. The enhanced survey regime shall be in effect for two years. If after two years the operation of the Latvian ship and shipping company conform with the requirements of international legal acts and national laws and regulations, the enhanced survey regime shall be cancelled.

12. If there are suspicions of the non-conformity of the Latvian ship with the requirements of international legal acts, the Inspectorate has the right to perform unscheduled flag State inspections (operational inspections) thereof. After receiving a request from the Inspectorate, the shipowner shall have the obligation to present the ship at the first port where the ship can be visited.

[9 August 2022]

13. If during inspection of the Latvian ship the Inspectorate identifies the non-conformity of the ship with the requirements of international legal acts or if non-conformity with the international legal acts has occurred to the Latvian ship due to marine casualties, or if the Latvian ship has been detained in the port of a foreign country by port State control, the Inspectorate shall request rectification of deficiencies and a repeated inspection of the Latvian ship, as well as inform the master, the shipowner or operator of the Latvian ship, or the bare boat charterer and recognised organisation thereof.

14. The Inspectorate shall take the decision to withdraw statutory certificates issued by it or a recognised organisation, inform the master and the shipowner or operator of the Latvian ship or the bare boat charterer and the recognised organisation, as well as propose to the registrar of the Latvian Ship Register of the Maritime Administration (hereinafter - the Latvian Ship Register) to delete the ship from the Latvian Ship Register in the following cases:

14.1. such non-compliance of the Latvian ship with the requirements of international legal acts has been identified which may cause the loss of the ship and endanger human life;

14.2. the Latvian ship has been detained twice during the port State control within 24 months.

15. The Inspectorate may exempt a Latvian ship from the fulfilment of individual requirements laid down in this Regulation in accordance with the international legal acts binding on Latvia regarding maritime safety, issuing an exemption certificate thereto. Exemption certificate shall be issued by the Inspectorate or a recognised organisation in accordance with authorisation of the Inspectorate. The Maritime Administration shall ensure reporting to the respective international organisations on the exemptions issued in accordance with international legal acts.

[9 August 2022]

3. Stability of Latvian Ships

16. Ships registered in the Latvian Ship Register and constructed before 1 July 2010 shall correspond to the requirements of the Code on Intact Stability (adopted with the International Maritime Organisation Resolution A.749(18)), unless the respective ships are subject to stricter intact stability requirements in accordance with laws and regulations regarding ship safety, safety of fishing vessels or safety of passenger ships. The shipowner or his or her authorised person shall ensure submission of a copy of intact stability information and changes to this intact stability information to the Inspectorate.

[9 August 2022]

17. Ships registered in the Latvian Ship Register and constructed after 1 July 2010 shall correspond to the requirements of mandatory Part A of the International Code on Intact Stability (approved with the International Maritime Organisation Resolution MSC.267(85)), unless the respective ships are subject to stricter intact stability requirements in accordance with laws and regulations regarding ship safety, safety of fishing vessels or safety of passenger ships. The shipowner or his or her authorised person shall ensure submission of a copy of intact stability information and changes to this intact stability information to the Inspectorate.

[9 August 2022]

4. Supervision of Construction and Modernisation or Conversion Works of Latvian Ships

18. Latvian ships shall be constructed in compliance with the requirements of a recognised organisation in accordance with Regulation 3-1 of Chapter II-1, Part A-1 of the SOLAS Convention.

19. A Latvian ship shall be constructed under the supervision of a recognised organisation. The supervision of the construction of such Latvian ships, gross tonnage of which in accordance with the tonnage certificate issued by the Inspectorate is less than 500, shall be performed by a recognised organisation or the Inspectorate at the discretion of the owner in compliance with Paragraph 18 of this Regulation.

20. The modernisation or conversion of a Latvian ship shall be performed in accordance with the requirements laid down in Paragraph 18 of this Regulation. Operation of the ship the modernisation or conversion of which does not comply with the requirements referred to in Paragraph 18 of this Regulation is forbidden. If the Inspectorate identifies arbitrary modernisation or conversion of a ship, it shall oblige the shipowner to restore the ship to its initial condition as it was before commencement of such ship modernisation or conversion works. The shipowner shall have an obligation to perform the respective works under direct supervision of the Inspectorate or a recognised organisation. Operation of the ship is forbidden until it is restored to its initial condition.

[9 August 2022]

21. The supervision of modernisation or conversion of such Latvian ships the gross tonnage of which in accordance with the tonnage certificate issued by the Inspectorate is 500 or more shall be performed by a recognised organisation.

22. The supervision of modernisation or conversion of such Latvian ships the gross tonnage of which in accordance with the tonnage certificate issued by the Inspectorate is less than 500 shall be performed by a recognised organisation or the Inspectorate at the discretion of the Latvian shipowner. If supervision of the ship modernisation or conversion is performed by the Inspectorate, the ship modernisation or conversion may be commenced only after receiving a ship conversion permit. The ship conversion permit shall be issued by the Inspectorate on the basis of a ship modernisation or conversion project coordinated by the Inspectorate.

[9 August 2022]

5. Supervision of the Compliance With the Requirements of the ISM Code

23. The Inspectorate shall perform audits of safety management system on Latvian ships which are not engaged in international voyages and in shipping companies which manage them, and issue the appropriate certificates in accordance with Regulation (EC) No 336/2006 of the European Parliament and of the Council of 15 February 2006 on the implementation of the International Safety Management Code within the Community and repealing Council Regulation (EC) No 3051/95.

24. At the discretion of the Latvian shipowner, the Inspectorate or a recognised organisation shall perform audits of the safety management system on Latvian ships which are engaged in international voyages and in shipping companies which manage them, and issue the relevant statutory certificates in accordance with the requirements of the ISM Code.

25. The Inspectorate shall participate in audits of the shipping companies and the safety management system of the Latvian ships which are performed by a recognised organisation.

26. In the cases referred to in Paragraph 11 of this Regulation, the Inspectorate is entitled to take the decision to take over the supervision of the compliance with the requirements of the ISM Code from a recognised organisation.

5.¹ Supervision of the Compliance With the Requirements of the MLC Convention

[24 February 2015]

26.¹ If the Inspectorate receives a complaint or obtains evidence that a Latvian ship does not comply with the requirements of the MLC Convention, the Inspectorate shall evaluate the complaint or evidence received and take measures in order to rectify the identified deficiencies.

26.² The identity of the person who submitted a complaint regarding a threat or non-compliance of the living and working conditions of seamen with the requirements of laws and regulations shall not be disclosed to a shipowner, a representative of a shipowner or a ship operator. The abovementioned persons are not notified that an inspection has been carried out on the ship on the basis of a complaint received.

26.³ The Maritime Administration shall prepare and submit to the Ministry of Transport a current list of recognised organisations which are authorised to perform inspections of Latvian ships, upon its assignment, regarding compliance with the requirements of the MLC Convention. The functions which may be performed by the recognised organisations shall be indicated in the list. The Ministry of Transport shall submit the abovementioned information to the International Labour Office.

6. Supervision of the Flag State when Registering a Ship in the Latvian Ship Register

6.1. Ship Inspections

27. Prior to the registration of a ship in the Latvian Ship Register, a shipowner shall submit all statutory certificates issued for the ship and survey reports to the Inspectorate. The Inspectorate shall compile the information regarding the ship available in international databases and the inspection results thereof and request the owner to present the ship to the Inspectorate. The Inspectorate shall prepare an opinion on the registration of the ship in the Latvian Ship Register.

28. If a ship is under the supervision of a recognised organisation, after registration of the ship in the Latvian Ship Register, but prior to the commencement of the ship's operation under the flag of Latvia, it shall perform inspections of a ship provided for in international legal acts at least in the scope of annual survey and shall issue the appropriate ship certificates. If the Inspectorate has justified suspicions regarding the non-conformity of the ship with the requirements of international legal acts, it shall request a recognised organisation to perform inspections of the ship in accordance with the requirements of Chapter I, Regulation 10, Paragraph "a", Sub-paragraphs "ii" and "v" of the SOLAS Convention (with the dry docking of a ship).

29. After registration of a ship in the Latvian Ship Register, but prior to the commencement of the ship's operation under the flag of Latvia, the Inspectorate shall perform a flag State inspection of the ship in order to ascertain the conformity of the ship with the statutory certificates issued by recognised organisations, as well as in order to inspect the conformity of the ship crew, operation and maintenance with the requirements of international legal acts. The quality of the fulfilment of functions delegated to recognised organisations shall also be controlled with the relevant inspections.

30. If, in accordance with Paragraph 5 of this Regulation the shipowner chooses the supervision of the Inspectorate, after registration of a ship, but prior to the commencement of the operation of the ship under the flag of Latvia, the Inspectorate shall perform inspection of the ship in accordance with the laws and regulations regarding ship safety.

6.2. Exchange of Information

31. Upon re-registering a ship from the ship register of another European Union country into the Latvian Ship Register, the Inspectorate, if necessary, shall request information regarding the ship to be re-registered from the competent authority of such country, including copies of the statutory certificates, the stability information, the results of flag State inspections and the results of port State control.

32. In the case referred to in Paragraph 31 of this Regulation, the Inspectorate shall, if necessary, request in addition also other information related to the safety of the ship, including data on the deficiencies not rectified.

7. Storage and Exchange of Information

33. Within the framework of the implementation of flag State supervision, the Maritime Administration shall compile and maintain the information regarding:

33.1. registered Latvian ships (including name of ship, IMO number, type of ship, technical specifications of ship);

33.2. Latvian ships excluded from the Latvian Ship Register within the last 12 months;

33.3. inspections and audits of Latvian ships performed, results thereof and identified deficiencies and non-conformities;

33.4. authorised recognised organisations and access to databases of such recognised organisations where the information regarding inspections and audits of Latvian ships performed by recognised organisations is stored;

33.5. port State control inspections performed for Latvian ships including the identified deficiencies and information regarding detention of Latvian ships;

33.6. stability of Latvian ships (copies of the documents Stability Information shall be stored);

33.7. accidents and casualties in which Latvian ships are involved.

34. Upon request of the Inspectorate, recognised organisations shall provide the necessary information regarding Latvian ships which have been excluded from the Latvian Ship Register for the period when the relevant Latvian ships were registered in the Latvian Ship Register.

35. If another flag State requests information regarding a ship which has been registered in the Latvian Ship Register previously, the Inspectorate shall immediately send the information related to the ship safety to the abovementioned state, including data regarding deficiencies not rectified.

36. If Latvia in accordance with the international document of 1982 Paris Memorandum of Understanding on Port State Control (hereinafter - the Paris Memorandum of Understanding) is included in the "black" or two consecutive years in the "grey" list which is published in the newest annual report on the implementation of Paris Memorandum of Understanding on Port State Control, the Maritime Administration shall prepare and the Ministry of Transport shall, not later than four months after the publication of the report of Paris Memorandum of Understanding, submit a report to the European Commission on a detailed analysis of the main reasons for the detention of Latvian ships and measures taken for the improvement of the situation.

8. Closing Provision

37. Cabinet Regulation No. 882 of 4 August 2009, Regulations Regarding the Implementation of Flag State Supervision of Ships (Latvijas Vēstnesis, 2009, No. 126), is repealed.

Informative Reference to the European Union Directives

[24 February 2015]

This Regulation contains legal norms arising from:

1) Directive 2009/21/EC of the European Parliament and of the Council of 23 April 2009 on compliance with flag State requirements;

2) Directive 2013/54/EU of the European Parliament and of the Council of 20 November 2013 concerning certain flag State responsibilities for compliance with and enforcement of the Maritime Labour Convention, 2006.

Prime Minister V. Dombrovskis

Minister for Transport U. Augulis

Annex
Cabinet Regulation No. 439
7 June 2011

[9 August 2022]

Additional Requirements for a Ship and Shipping Company in an Enhanced Survey Regime

Notes.

1. * If the nature of deficiencies attests to problems with the ship safety management system (ISM).

2. ** If an additional audit has identified the company's fault for the detention of the ship.

Translation © 2023 Valsts valodas centrs (State Language Centre)